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24.126.301    DEFINITIONS

(1) "Chaperone" as used in ARM 24.126.2301 means an individual delegated to ensure proper behavior on the part of the provider and the patient during the course of a physical examination or treatment.

(2) "Diagnostic x-ray" as used in 37-12-104, MCA, shall mean any recognized form of diagnostic imaging including, but not limited to, x-ray, CAT scan and MRI.

(3) "Dietetic methods" as used in 37-12-104, MCA, shall mean any service, when performed or ordered to be performed by any licensed chiropractor for therapeutic effects, which may employ recommending and/or giving of any food, vitamin, mineral, herb, enzyme, glandular product, homeopathic preparation, diet plan, or other nutritional substance not requiring a medical prescription.

(4) "New doc seminar" means a program provided by the board that is targeted to new licensees as a source of information on state laws and rules and other various topics. The program is open to all licensed chiropractors.

(5) "Nonroutine application" means an application submitted to the division in which the application is defined as nonroutine either by ARM 24.101.402 or by these rules.

(a) A nonroutine application means that according to the application, the applicant reveals that one or more of the following scenarios apply to the applicant:

(i) they have voluntarily surrendered, cancelled, forfeited, or failed to renew a license as a result of any of the following:

(A) a complaint filed against them;

(B) a consent agreement; or

(C) an investigation or disciplinary proceedings;

(ii) they have voluntarily or involuntarily surrendered their privileges to provide services to health maintenance organizations, Medicare/Medicaid, or other payers, or have voluntarily or involuntarily surrendered hospital privileges, health maintenance organization participation, Medicare/Medicaid, or other payers during a pending investigation or in anticipation of an investigation, or have had such privileges reprimanded, denied, restricted, suspended, placed on probation, revoked, or subjected to other sanction or action;

(iii) they have been expelled from or asked to resign from any professional organization, or have been censured by a professional organization;

(iv) they have had civil or criminal charges pending or have pleaded guilty, forfeited bond, or been convicted of a crime (including plea of no contest or deferred prosecution), whether or not an appeal is pending, with the exception of the following:

(A) minor-in-possession charges or convictions;

(B) one misdemeanor committed more than five years ago; or

(C) traffic offenses, unless the illegal use or possession of alcohol or drugs are involved;

(v) the applicant's health care professional license was disciplined or was voluntarily surrendered in another state or jurisdiction; and

(vi) there are inconsistencies in the application or in the supporting documentation of the application, or any substantive irregularity deemed by department staff to warrant board review and approval prior to issuance of the license.

(6) "Physiotherapy" as used in 37-12-104, MCA, shall mean any service, when performed, or ordered to be performed, by any licensee, employing for therapeutic effects, physiological measures, activities, and devices for preventive and therapeutic purposes, physiological agents including, but not limited to, mechanical devices, heat, air, light, water, electricity, sound, exercise, rehabilitative procedures, massage, and mobilization, when performed for the purpose of diagnosis, evaluation, treatment, and instruction of the human body to detect, assess, correct, alleviate, prevent, and limit physical disability, injury, body malfunction, pain, mental condition by the aforementioned agents, or any other procedure taught in chiropractic colleges for the purpose of preventing, correcting, or alleviating a physiological or mental disability or condition.

History: 37-1-131, 37-1-319, 37-12-201, MCA; IMP, 37-1-131, 37-12-104, 37-12-201, MCA; NEW, 1990 MAR p. 995, Eff. 6/1/90; AMD, 1992 MAR p. 2131, Eff. 9/25/92; TRANS, from Commerce, 2003 MAR p. 2761; AMD, 2004 MAR p. 729, Eff. 4/9/04; AMD, 2006 MAR p. 1609, Eff. 6/23/06; AMD, 2009 MAR p. 2152, Eff. 11/13/09; AMD, 2012 MAR p. 503, Eff. 3/9/12.

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