37-49-202. Licensure requirements — examination — fees — temporary practice. (1) The department shall license as a genetic counselor an applicant who:
Terms Used In Montana Code 37-49-202
- Active candidate status: means a person who has met the requirements established by the American board of genetic counseling to take the board's certification examination in general genetics and genetic counseling and has been granted the designation by the board. See Montana Code 37-49-102
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-49-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Genetic counseling: means the provision of the services specified under 37-49-103 by an individual who qualifies for a license under this chapter. See Montana Code 37-49-102
- Genetic counselor: means an individual licensed in accordance with 37-49-202 to engage in the competent practice of genetic counseling. See Montana Code 37-49-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a) submits an application and pays the fee required by the department;
(b) provides satisfactory evidence of having received certification from the American board of genetic counseling as a genetic counselor; and
(c) complies with other requirements established by the department by rule.
(2) The department may issue:
(a) a temporary license to an applicant to whom the American board of genetic counseling has granted active candidate status; and
(b) a license to an applicant who satisfactorily demonstrates that the applicant is licensed or registered under the laws of another state, territory, or jurisdiction of the United States that in the department’s opinion imposes substantially the same requirements for licensure as are required under this chapter.
(3) A temporary license expires automatically on the earliest of the following:
(a) issuance of a full license to a person who successfully passes the American board of genetic counseling certification exam; or
(b) at the time a person loses active candidate status for failure to complete or pass the American board of genetic counseling certification exam.
(4) Licenses issued under this section are valid for the period established by the department by rule and may be renewed only on the filing of a renewal application and payment of the license renewal fee.
(5) An applicant shall submit an application fee in the amount established by the department by rule and a written application on a form provided by the department that demonstrates the applicant has completed the eligibility requirements and competency standards required under this chapter and by the department by rule.
(6) The department may not license an applicant who has:
(a) committed any act that if committed by a licensee would be grounds for license suspension or revocation; or
(b) misrepresented any material fact on the application.