BEFORE THE BOARD OF MEDICAL EXAMINERS

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

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In the matter of the proposed amendment��������������� ) NOTICE OF PROPOSED

of ARM 24.156.1306 professional conduct������������� ) AMENDMENT

and standards of professional practice�������������������� )

�������������������������������������������������������������������������������������� ) NO PUBLIC HEARING

���������������������������������������������������������������������������������������) CONTEMPLATED

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TO: All Concerned Persons

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1. On December 10, 2007, the Board of Medical Examiners (board) proposes to amend the above-stated rule.

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2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Medical Examiners (board) no later than 5:00 p.m., on December 3, 2007, to advise us of the nature of the accommodation that you need. Please contact Jeannie Worsech, Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2360; Montana Relay 1-800-253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; e-mail [email protected].

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3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

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24.156.1306 PROFESSIONAL CONDUCT AND STANDARDS OF PROFESSIONAL PRACTICE (1) remains the same.

(2) A licensee who demonstrates appropriate education and experience may engage in the practice of diabetes education as defined and credentialed by the American Dietetic Association and the American Association of Diabetes Educators.

(2) remains the same but is renumbered (3).

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AUTH: 37-1-131, 37-25-201, MCA

IMP: 37-25-201, 37-25-301, MCA

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REASON: The board determined it is reasonable and necessary to amend this rule to acknowledge the practice of diabetes education. Diabetes educators are licensed nutritionists who have master's level advanced education in this field and have been credentialed by a national organization. While educating diabetic patients on the management of diabetes through diet and nutrition is an integral part of the practice of nutritionists, the board is amending this rule now in response to requests by Montana health care facilities for clarification regarding these credentialed licensees. The board is amending the implementation cites to accurately reflect all statutes implemented through this rule.

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4. Concerned persons may submit their data, views, or arguments concerning the proposed amendment in writing to the Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or by e-mail to [email protected], to be received no later than 5:00 p.m., December 7, 2007.

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5. If persons who are directly affected by the proposed amendment wish to express their data, views, and arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or by e-mail to [email protected]. The comments must be received no later than December 7, 2007.

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6. If the Board of Medical Examiners receives requests for a public hearing on the proposed amendment from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed amendment; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be 24 persons based on approximately 243 licensed nutritionists.

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7. An electronic copy of this Notice is available through the department and Board of Medical Examiners site on the World Wide Web at www.medicalboard.mt.gov. The department strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.

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8. The Board of Medical Examiners maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request which includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all Board of Medical Examiners administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be mailed or delivered to the Board of Medical Examiners, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2305, e-mailed to [email protected], or made by completing a request form at any rules hearing held by the agency.

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9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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���������������������������������������������������������������������� BOARD OF MEDICAL EXAMINERS

���������������������������������������������������������������������� DR. ARTHUR FINK, DO, PRESIDENT

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/s/ DARCEE L. MOE���������������������������������� /s/ KEITH KELLY

Darcee L. Moe���������������������������������������������Keith Kelly, Commissioner

Alternate Rule Reviewer����������������������������� DEPARTMENT OF LABOR AND INDUSTRY

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Certified to the Secretary of State October 29, 2007