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24.138.304    DEFINITION OF NONROUTINE APPLICATION

(1) "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, canceled, 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 is involved;

(v) the applicant's health care professional license was disciplined or was voluntarily surrendered in this state or 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.

(2) The board may also consider applications as nonroutine in any of the following instances:

(a) the applicant does not meet the license criteria in the specified statute or rule regarding licensure;

(b) the dental hygiene credentialing applicant does not meet the practice hours required by board rule;

(c) the applicant has graduated from a nonaccredited school as defined by board statute or rule; or

(d) any other criteria as determined by the board.

(3) All dental credentialing applications are considered nonroutine.

(4) All denturist applications are considered nonroutine.

 

History: 37-1-131, 37-4-205, 37-29-201, MCA; IMP, 37-1-101, 37-1-131, 37-4-301, 37-4-402, 37-29-306, MCA; NEW, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2017 MAR p. 2281, Eff. 12/9/17.

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