Montana Administrative Register Notice 24-159-91 No. 7   04/17/2020    
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                                    BEFORE THE BOARD OF NURSING

                              DEPARTMENT OF LABOR AND INDUSTRY

                                                STATE OF MONTANA


In the matter of the amendment of ARM 24.159.670 curriculum goals and general requirements for programs






TO: All Concerned Persons


            1. On May 8, 2020, at 10:00 a.m., a public hearing will be held via remote conferencing to consider the proposed amendment of the above-stated rule. Because there currently exists a state of emergency in Montana due to the public health crisis caused by the coronavirus, there will be no in-person hearing. Interested parties may access the remote conferencing platform by dialing 406-444-4647 (local) or 1-833-681-5958 (toll free) and entering meeting ID 4806783 when directed to do so.


            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Nursing no later than 5:00 p.m., on May 1, 2020, to advise us of the nature of the accommodation that you need. Please contact Missy Poortenga, Board of Nursing, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2380; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or nurse@mt.gov (board's e-mail).


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


            24.159.670 CURRICULUM GOALS AND GENERAL REQUIREMENTS FOR PROGRAMS (1) through (5) remain the same.

            (6) For each course utilizing simulation, no more than 50 percent of clinical hours shall be replaced with simulation hours. Upon request by a program, the board may temporarily allow all programs to exceed the 50 percent cap on simulation due to extenuating circumstances such as a state or national emergency.


            AUTH: 37-8-202, 37-8-301, MCA

            IMP:     37-8-202, 37-8-301, MCA


REASONDue to the coronavirus pandemic (COVID-19), many nursing programs are unable to complete clinical coursework at facilities or through other hands-on methodology and have become increasingly reliant on simulated clinical learning. The board recognizes the impact this may have as a barrier to timely course completion and potential licensure during declared states of emergency. The board determined it is reasonably necessary to amend this rule to allow exemptions to the cap on simulation hours when a state of emergency exists.


            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Nursing, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to nurse@mt.gov, and must be received no later than 5:00 p.m., May 15, 2020.


            5. An electronic copy of this notice of public hearing is available at http://nurse.mt.gov/ (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.


            6. The board 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 that 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 administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Nursing, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to nurse@mt.gov; or made by completing a request form at any rules hearing held by the agency.


            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.159.670 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Nursing, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2380; facsimile (406) 841-2305; or to nurse@mt.gov.


            9. Missy Poortenga, Executive Officer, has been designated to preside over and conduct this hearing.









Darcee L. Moe

Rule Reviewer


Brenda Nordlund, Acting Commissioner



            Certified to the Secretary of State April 7, 2020.


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