(1) If the training program in which the intern is enrolled is approved by the ACGME, the intern's scope of practice shall be defined by the residency review committee of the ACGME, or American osteopathic association equivalent.

(2) If the training program in which the intern is enrolled is not approved by the ACGME or American osteopathic association equivalent, the intern's medical practice must be under the direct supervision of a Montana-licensed physician, who:

(a) must be aware of the statutory limitations on the intern's scope of practice; and

(b) must carry malpractice insurance covering the intern's conduct during the training process.

(3) As used herein, "direct supervision" means that the supervising physician is physically present in the same building as the intern, or is within 20 minutes of the physical presence of the patient being cared for by the intern.

(4) Subject to the local training program's requirements, the intern may:

(a) assist the licensed physician in medical procedures (office and hospital) ;

(b) scrub and assist the licensed physician in surgery;

(c) participate in educational and patient conferences;

(d) participate in medical research;

(e) prescribe medications, without the co-signature of the intern's supervising physician;

(f) write or issue orders, without the co-signature of the intern's supervising physician; and

(g) sign hospital records or patient charts, without the co-signature of the intern's supervising physician.

(5) The intern may not practice independently; for example, among other things, the intern may not:

(a) perform surgery; or

(b) care for a patient in an emergency room without the physical presence of the supervising physician.