BEFORE THE BOARD OF OCCUPATIONAL THERAPY PRACTICE 

                              DEPARTMENT OF LABOR AND INDUSTRY

                                                STATE OF MONTANA

 

In the matter of the amendment of ARM 24.165.302 definitions, 24.165.401 fees, 24.165.406 military training or experience, 24.165.407 examinations, 24.165.501 supervision, 24.165.505 deep modality endorsement, 24.165.506 recognized educational programs, 24.165.507 standards of practice, 24.165.509 approved modality instruction, 24.165.510 approved training, 24.165.514 endorsement to apply topical medications, 24.165.516 use of topical medications, 24.165.517 protocols for use of topical medications, 24.165.518 debriding agents protocols, 24.165.519 anesthetic agents protocols, 24.165.520 nonsteroidal anti-inflammatory agents protocols, 24.165.521 antispasmodic agents protocols, 24.165.522 adrenocortico-steroid agent protocols, 24.165.524 protocol for use of an approved medication as a neuropathic pain agent, 24.165.601 temporary practice permit, 24.165.604 inactive status, 24.165.2101 continuing education, 24.165.2102 continuing education – exemption, 24.165.2301 unprofessional conduct, the adoption of New Rule I bactericidal agents protocols, and the repeal of 24.165.404 applications for licensure, 24.165.410 pass-fail criteria, 24.165.502 supervision – methods, 24.165.511 documentation of instruction and training, 24.165.513 approval to use sound and electrical physical agent modalities endorsement, 24.165.525 documenting education and competence to perform sound and electrical physical agent modalities – out-of-state practitioners

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NOTICE OF AMENDMENT, ADOPTION, AND REPEAL

 

TO: All Concerned Persons

 

            1. On May 10, 2019, the Board of Occupational Therapy Practice (board) published MAR Notice No. 24-165-24 regarding the public hearing on the proposed amendment, adoption, and repeal of the above-stated rules, at page 509 of the 2019 Montana Administrative Register, Issue No. 9.

 

            2. On June 13, 2019, a public hearing was held on the proposed amendment, adoption, and repeal of the above-stated rules in Helena. Two comments were received by the June 13, 2019 deadline.

 

            3. The board has thoroughly considered the comments received. A summary of the comments and the board responses are as follows:

 

COMMENT 1: One commenter asked if functional dry needling was part of the proposed rules changes.

 

RESPONSE 1: The board notes this rule project does not specifically address functional dry needling.

 

COMMENT 2: One commenter suggested license renewal every 2 to 3 years.

 

RESPONSE 2: The board notes that the commenter seeks to amend ARM 24.101.413, the department rule that provides all renewal dates for the licensing boards. The suggested change is beyond the scope of the proposed rule amendments and cannot be done in a final rule notice. 

 

            4. The board has amended ARM 24.165.302, 24.165.401, 24.165.406, 24.165.407, 24.165.501, 24.165.505, 24.165.506, 24.165.507, 24.165.509, 24.165.510, 24.165.514, 24.165.516, 24.165.517, 24.165.518, 24.165.519, 24.165.520, 24.165.521, 24.165.522, 24.165.524, 24.165.601, 24.165.604, 24.165.2101, 24.165.2102, and 24.165.2301 exactly as proposed.

 

            5. The board has adopted New Rule I (24.165.523) exactly as proposed.

 

            6. The board has repealed ARM 24.165.404, 24.165.410, 24.165.502, 24.165.511, 24.165.513, and 24.165.525 exactly as proposed.

 

	BOARD OF OCCUPATIONAL THERAPY PRACTICE BRENDA TONER, OT PRESIDING OFFICER
/s/ DARCEE L. MOE Darcee L. Moe Rule Reviewer	/s/ GALEN HOLLENBAUGH Galen Hollenbaugh, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State September 24, 2019.