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24.138.304    DEFINITION OF NONROUTINE APPLICATION

(1) "Nonroutine application" means an application defined as nonroutine by ARM 24.101.402 or this rule.

(a) A nonroutine application reveals that the applicant:

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

(A) a complaint filed against the applicant;

(B) a consent agreement; or

(C) an investigation or disciplinary proceedings;

(ii) voluntarily or involuntarily surrendered privileges to provide services to health maintenance organizations, Medicare/Medicaid, or other payers, or 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 had such privileges reprimanded, denied, restricted, suspended, placed on probation, revoked, or subjected to other sanction or action;

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

(iv) had civil or criminal charges pending or pleaded guilty, forfeited bond, or was convicted of a crime (including plea of no contest or deferred prosecution), whether 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 was involved; or

(v) had a health care professional license disciplined or voluntarily surrendered in this state or another state or jurisdiction.

(b) Department staff may also determine that applications with inconsistencies or substantive irregularities require board review and approval prior to license issuance.

(2) The board may also consider applications as nonroutine in 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.

 

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; AMD, 2019 MAR p. 429, Eff. 4/27/19.

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