For the purpose of these rules, the following definitions shall apply:

(1) "ABMS" means American Board of Medical Specialties.

(2) "ACGME" means the Accreditation Council for Graduate Medical Education.

(3) "Act" means the Medical Practice Act of the state of Montana, 37-3-101 through 37-3-405, MCA, as amended from time to time.

(4) "AOA" means American Osteopathic Association.

(5) "Applicant" means a person who has applied for a license to practice medicine in the state of Montana, or a person who has applied to take a licensing examination.

(6) "Complainant" means a person filing a complaint.

(7) "Direct supervision" means the supervising physician is:

(a) physically present in the same building as the person under supervision; or

(b) in sufficiently close proximity to the person under supervision to be quickly available to the person under supervision.

(8) "ECFMG" means the Educational Commission for Foreign Medical Graduates.

(9) "Foreign medical graduate" means a graduate of a medical school:

(a) not located in a state or territory of the United States, or the District of Columbia; and

(b) that is listed in the World Health Directory of Medical Schools.

(10) "Intern" means a person who may also be referred to as "in post-graduate year 1" or "PGY-1" who:

(a) has graduated from an approved medical school;

(b) is enrolled in a training program approved for first year post-graduates;

(c) has passed USMLE Steps 1 and 2 or the AOA equivalent; and

(d) is preparing for, or awaiting the results of, USMLE Step 3, or the AOA equivalent.

(11) "Medical student" means a person currently enrolled in or who has graduated from an approved medical school who has not yet entered PGY-1.

(12) "Proceeding" shall include:

(a) a formal complaint alleging violation of any provision of the act or any regulation made pursuant to a power granted by such act; or

(b) a hearing before the board pursuant to the provisions of 37-3-321 through 37-3-324, MCA.

(13) "Resident" means a person who:

(a) has the degree of medical doctor or doctor of osteopathy from an approved medical school;

(b) is in "post-graduate year 2" or "PGY-2" or above;

(c) has completed the USMLE Steps 1 and 2 or the AOA equivalent; or

(d) holds a certificate from the ECFMG; and

(e) is enrolled in an approved residency program.

(14) "Surgery" means any procedure in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation.

(15) "USMLE" means United States Medical Licensing Examination or its successor.