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24.111.2105    LICENSE RENEWAL FOR ACTIVATED MILITARY RESERVISTS

(1) When a licensee is called to federal active duty status:

(a) a license may be renewed using the existing renewal process; or

(b) license renewal may be deferred pursuant to 37-1-138 , MCA provided that the licensee is not required by the military to maintain current professional or occupational licensing as a condition of the reservist's military service.

(2) If maintaining a current license while in federal active duty status is not a requirement for the reservist's military service, the licensee may defer renewing the license and fulfilling continuing education requirements by submitting to the board:

(a) a deferral request; and

(b) a copy of the reservist's orders to federal active duty status.

(3) Compliance with rules relating to continuing education and renewal fees is not required of reservists who have requested deferral pursuant to this rule for so long as they remain on active duty status. When renewing a license pursuant to this rule after being released from active duty status, a reservist who was activated for more than two years may be required by the board to first obtain such continuing education credits as the board deems appropriate for the protection of the public taking into account the factors set out in 37-1-138 , MCA.

(4) A reservist who is required by these rules or by statute to have current CPR certification and/or neonatal resuscitation certification as a condition of licensure or renewal must present evidence of current certification at the time of renewing a license following release from federal active duty status regardless of the duration of the activated status.

(5) If a license renewal has been deferred pursuant to this rule during a reservist's federal active duty status, said license must be renewed within 90 days of the reservist's discharge from active duty or else the license will expire as provided in 37-1-141 , MCA.

(6) In order to renew a license following deferment pursuant to this rule, the reservist must submit to the board the following:

(a) a completed application for renewal together with any documents regularly required for renewal except as otherwise provided herein;

(b) a prorated renewal fee for the current renewal period; and

(c) a copy of the document discharging the reservist from federal active duty status.

(7) Deferring renewal pursuant to this rule will continue the license in the same status (e.g., clear, probationary, suspended) as existed the day before the licensee was called to federal active duty status for the duration of the activation and until the license is either renewed following discharge from active duty or until the license expires, whichever occurs first.

History: 37-26-201, 37-27-105, MCA; IMP, 37-1-138, MCA; NEW, 2006 MAR p. 1881, Eff. 7/28/06.

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