Board Information

Welcome to the Montana Board of Respiratory Care Practitioners

The Montana Board of Respiratory Care Practitioners is pleased to make this web site available to share licensing and regulatory information with you.

Respiratory Care Practitioners provide treatment, evaluation, monitoring and management of patients with breathing disorders or cardiovascular problems.For specific statutory or administrative rule provisions, please go to the "Regulations" tab at left and follow the links provided.

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An advisory from the Board regarding license renewals and Continuing Education requirements:

The Board and the Department have received numerous questions about CE credit given for ACLS, PALS and NRP renewal. The Board will recognize the following for purposes of compliance with CE rules:

  • ACLS alone: 4 CEUs
  • PALS alone: 4 CEUs
  • ACLS + PALS: 4 CEUs (no extra credit for multiple programs)
  • ACLS + PALS + NRP: 4 CEUs (no extra credit for multiple programs)

                                                             ***

On this website, you can find information about the requirements to become licensed as a Respiratory Care Practitioner in Montana. You also can verify who is already licensed via the Department's free, public, Licensee Lookup service.

This website also is your portal to statutory and regulatory requirements regarding the Board of Respiratory Care, as well as information about board meetings (including agendas and minutes from past meetings) and a section on frequently asked questions.

You can start your search for information by either selecting a tab in the left hand area of the page or a "quick link" on the right side. 

The Board of Respiratory Care Practitioners makes every effort to include relevant and current information pertaining to licensing and regulation on our web site. 


Contact Information

Board Management:
Ian Marquand, Executive Officer
Board Management Bureau
Phone: (406) 841-2360
Email:

For information on filing a complaint against a licensee contact:
LaVelle Potter, Compliance Specialist
Phone: (406) 841-2362
Email:

For information on continuing education:
Phone: (406) 444-5696
Email:

For information on renewals, license verifications, and name changes contact:
Phone: (406) 444-6880
Email:

For information on applications and licensing contact:
Phone: (406) 444-5711
Email:

Board Events

Board meetings are usually held twice a year, in February and August. Please use the link provided below to see the most recent meeting information.

Meeting minutes are posted within 3 days of board approval.

In general, Board meetings are open to the public.
There are certain meetings or parts of meetings (Screening Panel and Executive Session) that are closed to the public.

Scheduled and Proposed Meetings

Board Members

Board members are appointed by the Governor with Senate confirmation. Members serve 4 year terms with no limit on the number of terms a member may serve.

Individual Board Members can be contacted by email at dlibsdrcp@mt.gov. In your message please specify which board member you would like to contact. For additional contact information and information on board member terms, please visit the Governor’s Office link for Board Members and Councils at http://boards.mt.gov/.

Public Member (Currently vacant)
William Carmichael, Respiratory Care Practitioner
Tony Miller, Respiratory Care Practitioner (Sleep studies specialist)
Leonard Bates, Respiratory Care Practitioner
Rusty Davies, Respiratory Care Practitioner

American Association for Respiratory Care

License Information

Individuals who want to practice respiratory care in Montana must apply to the Montana Board of Respiratory Care Practitioners for licensure.  The Board evaluates the applicant’s fitness to practice and assures the basic requirements are met.


Public or Licensee Inquiries

Licensees can find license renewal information in this section and mailing lists of licensees may be purchased here.

You can learn who is licensed as a Respiratory Care Practitioners in Montana by searching our Licensee Lookup system

Respiratory Care Practitioner

The following outlines general licensing information. For specific information on filing an application, you will need to obtain the license application which includes a detailed listing of the requirements.

A. Application Fee: $100.00 - All Fees are Non-Refundable

B. Education Requirements:
(i) High school or the equivalent; and
(ii) A respiratory care educational program accredited or provisionally accredited by the Committee on Accreditation for Respiratory Care

C. Examination Information: Please contact the National Board for Respiratory Care (NBRC) for exam dates and prerequisites.

D. Renewal Period: March 3 - May 1
Late Renew Online for 45 days until June 16

E. Renewal Fee: Active and Late $75 / Inactive $50

F. Continuing Education Requirements:24 hours May 1 even numbered years (biennially) completed in the preceding 24 months. One continuing education unit (ce unit) is equivalent to 50 minutes in length.

G. Other Special License Requirements: Copy of the National Board for Respiratory Care (NBRC) certificate is required.

Lookup Licensed Individual

Licensee Lookup System

This site is a primary source for verification of license credentials.

The Montana Department of Labor and Industry, Business Standards Division, presents Licensee Lookup information as a service to the public. The Division relies upon information provided by licensees to be true and correct, as required by statute. It is an act of unprofessional conduct for a licensee knowingly to provide erroneous information to the Division.

The Department of Labor and Industry makes no warranty or guarantee concerning the accuracy or reliability of the content of this website. Assessing the accuracy and reliability of information obtained from this website is solely the responsibility of the user. If you have questions regarding information found within this Licensee Lookup website, please contact the specific licensing board directly.

Please note that some disciplinary actions against licensees may not appear immediately on the website. Appeals, effective dates of orders and other administrative processes may delay posting on the website. Please contact the specific licensing board directly if you require discipline information that occurred prior to July 1, 1996.

Download List of Licensees

License Download System

This service allows you to purchase complete lists of individuals, businesses, and contractors licensed with the State of Montana through the Business Standards Division.

Options include:

  • Creating a customized list of licensees by selecting board type, license type, license status, county, etc.;
  • Submitting payment for your list using a credit/debit card or registered user account
  • Downloading your list immediately, and if necessary, retrieving your list within 24-hours of purchase

Statute/Rule Information

The Board of Respiratory Care Practitioners regulates the occupation by establishing standards for licensure and practice, and adopting policies to strengthen the practice.  Respiratory Care Practitioners should be aware of their obligations under Montana law and administrative rule. 

The Montana Code Annotated (MCA) includes the laws passed by the Legislature that govern this profession. Professional and Occupational Licensing Laws can be found in Title 37, Chapter 1, Part 3.  Known as the Uniform Regulatory Act, these statutes were passed in 1995. 

The Administrative Rules of Montana (ARM) are often referred to as regulations.  The Board adopts administrative rules in order to administer the laws over which the Legislature has given the Board authority. The Board follows a process defined in law, the Montana Administrative Procedures Act, when they are proposing new rules or making changes to existing rules to ensure public participation.  The Board files a public notice in the Montana Administrative Register (MAR) on any proposed rule changes or new rules.  You can keep track of any rule changes by viewing MAR online, or by signing up to receive notification of rule changes from the Board.

The Administrative Rules of Montana (ARM) at this site contain what should be the same text as the official version published by the Office of the Secretary of State. There is a possibility, however, that the content may vary from the official version. In addition, the format has been changed for viewing on this web site. A copy of the official ARM in official format can be obtained from the ARM Bureau of the Office of the Secretary of State, by calling (406) 444-2055. A web version of the ARM published by the Secretary of State can be viewed at Secretary of State's Administrative Rules of Montana

FAQ’s CONCERNING ADMINISTRATIVE RULES

Administrative Rules

Rules Notices

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-101-307

In the matter of the amendment of ARM 24.101.402 definitions and 24.101.403 administrative fees, and the repeal of 24.101.401 purpose, 24.101.407 licensing, and 24.101.414 renewal notification

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-19

In the matter of the repeal of ARM 24.213.412 renewals, and 24.213.421 board seal

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-18

In the matter of the amendment of ARM 24.213.301 definitions, 24.213.402 application for licensure, 24.213.408 examination, 24.213.415 inactive status, 24.213.504 authorization to perform testing, 24.213.2101 continuing education requirements, 24.213.2104 and 24.213.2107 traditional education by organizations, 24.213.2111 teaching - category III, 24.213.2114 papers, publications, journals, and course work, and 24.213.2301 unprofessional conduct, the adoption of NEW RULE I training–conscious sedation, and the repeal of ARM 24.213.501 institutional guidelines concerning education and certification

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-17

In the matter of the adoption of NEW RULE I military training or experience

NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
posted March 21, 2014

NOTICE OF ADOPTION
posted June 9, 2014

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-101-259

In the matter of the adoption of NEW RULE I registration for out-of-state volunteer professionals

NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
posted November 7, 2011

NOTICE OF ADOPTION
posted January 27, 2012

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-101-203

In the matter of the adoption of NEW RULE I pertaining to licensee lookup database

NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
posted January 23, 2009

NOTICE OF ADOPTION
posted July 10, 2009

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-16

In the matter of the proposed amendment of ARM 24.101.413 renewal dates and requirements, 24.213.401 fee schedule, 24.213.402 application for licensure, 24.213.412 renewals, 24.213.415 inactive status, 24.213.2101 continuing education requirements, 24.213.2107 traditional education by nonsponsored organizations, 24.213.2121 waiver of continuing education requirement, and the proposed repeal of 24.213.405 temporary permit

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-15

In the matter of the proposed amendment of ARM 24.213.402 application for licensure and 24.213.408 examination

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
posted June 30, 2006

NOTICE OF ADOPTION
posted October 20, 2006

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-14

In the matter of the proposed amendment of ARM 24.213.301 definitions, ARM 24.213.402 N application for licensure, ARM 24.213.405 temporary permit, ARM 24.213.408 examination and adoption of NEW RULES I and II pertaining to institutional guidelines concerning education and certification and authorization to perform pulmonary function testing and spirometry

MONTANA ADMINISTRATIVE REGISTER (MAR) 24-213-13

In the matter of the proposed amendment of ARM 24.213.301 and ARM 24.213.401, and the adoption of NEW RULES I, II and III, pertaining to definitions,the fee schedule, guidelines for conscious sedation, the abatement of fees, and qualifications to perform certain procedures

Statutes

Forms

General Forms
Renewal Forms
License Application Forms
Continuing Education Forms

Complaint Information

The mission of the Board of Respiratory Care Practitioners is to protect the health, safety and well being of Montana citizens through the licensing of competent Respiratory Care Practitioners and by the regulation of their practice to promote the delivery of quality health care.

In order to meet its mission, the Board is charged with taking appropriate action for unprofessional, incompetent, or unlawful practice.  You can learn more about the complaint process or file a complaint with the Board here.

To access a brochure on the compliance process, click here.

To access a complaint form, click here.

Both forms also are found in the "Forms" tab among "General Forms."

Complaint Contact

LaVelle Potter, Compliance Specialist
Telephone: (406) 841-2362
E-mail: dlibsdcomplaints@mt.gov

 

How to File a Complaint

The Department is charged with regulating professions and occupations for the protection of the public as a whole. Although the Department does not represent individuals filing complaints, the Department will review complaints in a timely manner to ensure a complaint is processed and that the Board will take appropriate action.

The length of time for resolution of a complaint is impossible to estimate due to the various complexities presented in individual complaints.

The following types of complaints may be filed:

  • Unprofessional conduct by a licensee;
  • Unprofessional conduct by a license applicant;
  • Unlicensed practice of the profession or occupation.

If an individual is unsure of what constitutes unprofessional conduct and needs a description of the various types, reference to Montana statutes and rules will provide an answer. These are found at your local public library or at the appropriate board site on this web page.

Drop Off or Mail to:
"Name of the Board or Program the complaint pertains to"
Business Standards Division
301 South Park, 4th Floor
PO Box 200514
Helena, MT 59620-0514

The Complaint Process

This process is used for the Boards that are administered in the Business Standards Division. The various Programs administered in the Division use a similar process.

Important: When filing or responding to a complaint, be as thorough as possible. You may attach additional documents to the complaint form to ensure that all pertinent information has been included. The Screening Panel meeting is NOT a hearing, but is a time for the panel to consider the complaint and response. Attendance is your choice. If you attend the panel may ask additional questions. Please notify this office prior to the meeting if you plan to attend.

After a complaint has been filed against a licensed individual the Compliance Office will send a letter of acknowledgment to the person who filed the complaint (Complainant), and a letter requesting a response (with a copy of the complaint) to the licensee against whom the complaint was filed.

The Licensee may submit a written response addressing the complaint to the Compliance Office. The process continues whether or not a response is submitted. The Complainant is not entitled to a copy of the response.

The Compliance Office will notify the Licensee and Complainant regarding the date and time of any meeting during which the case will be discussed.

Complaints remain confidential unless a Notice of Proposed Board Action is issued, which is a public document along with all subsequent legal filings.

Meetings

  • Closed Meeting - During a Closed Meeting only the Licensee, the Complainant, and/or attorneys for either can be in attendance. Minutes of Closed Meetings are not public documents.
  • Open Meeting - A public meeting which anyone can attend. The minutes of Open meetings are public documents and made available online via the specific Board’s webpage. (Adjudication Panel meetings are usually open.)

Individuals may attend a meeting in person or by telephone. Please notify this office prior to the meeting if you plan to attend the meeting.

Screening Panel

  • Screening Panel - A committee comprised of members of the Board. The Screening Panel’s function is to determine the preliminary action(s) to take on a complaint. Possible preliminary actions include dismissal, investigation, or a finding of Reasonable Cause.

The complaint and response (if any) are submitted to the Screening Panel members. The Screening Panel meeting is not a hearing, but rather a committee meeting to review and discuss the complaint and response to determine if disciplinary action is warranted.

Dismissal

If the Screening Panel dismisses a complaint, the complaint can be dismissed with or without prejudice (see definitions below).

  • Dismissal With Prejudice - The complaint is dismissed and cannot be considered by the Screening Panel in the future.
  • Dismissal Without Prejudice - The complaint is dismissed but may be considered by the Screening Panel in the future if there are ever allegations of a similar nature.

Investigation

Only a member of the Screening Panel can request an investigation of a complaint. If an investigation is requested by the Screening Panel, the case is assigned to an investigator who may request an interview with the Licensee, the Complainant, and/or other individuals. Upon completion of the investigation, a written report is submitted to the Screening Panel, which will then determine if there is Reasonable Cause to proceed with disciplinary action.

Reasonable Cause

  • Reasonable Cause - A finding by the Screening Panel that evidence exists that a violation of statutes and rules has occurred which warrants proceeding with disciplinary action.

If Reasonable Cause is found, the Department Counsel issues a Notice of Proposed Board Action (Notice) to the Licensee. Once a Notice is issued, it is public information. A proposed Stipulation may be included with the Notice.

  • Notice - A legal document from the Department’s Legal Counsel which sets forth the Department’s factual assertions, the statutes or rules relied upon, and advising the licensee of the right to a hearing.
  • Stipulation - A tentative agreement for settlement of the case. A Stipulation is not finalized until approved by the Adjudication Panel.

The Licensee may either sign the Stipulation or contest the proposed action by requesting an administrative Hearing (a legal process before a Hearing Examiner). If the Licensee wishes to request a hearing, written request must be received within twenty (20) days from receipt of the Notice. Failure to either sign a Stipulation or request a hearing within twenty (20) days may result in the issuing of a Final Order of Default against the licensee.

  • Default - the licensee’s acceptance of the disciplinary action demonstrated by failing to participate in the process

Adjudication Panel

  • Adjudication Panel - A committee comprised of members of the Board who are NOT on the Screening Panel. The Adjudication Panel determines the final outcome of a case.

The Adjudication Panel reviews the record to determine appropriate sanctions. A Final Order is issued by the Adjudication Panel, completing the complaint process.

Complaint Process Flow

Current license status and information regarding disciplinary action(s) against a licensee can be accessed online at: https://ebiz.mt.gov/pol/

Unlicensed Practice Complaint Process

Department of Labor & Industry - Business Standards Division

PO Box 200513, Helena, MT 59620-0513

When a complaint or other information is received alleging possible unlicensed practice...

  • (If the allegation is not made in the form of a formal written complaint, a complaint form is completed by the Department and a complaint number is assigned.)
  • A copy of the complaint and a request for a written response are mailed to the person against whom the complaint was filed (Respondent).
  • A written acknowledgment that the complaint has been received is mailed to the person who filed the complaint (Complainant)
  • The respondent may submit a letter of response to the complaint. If a written response is not submitted, the complaint process continues without a response.
  • The complainant and the respondent are sent written notify cation of the date, time, and location of any meeting at which the complaint will be discussed.

The Board Meeting

  • Unlicensed Practice complaints are addressed by the Full Board in executive session (meaning closed to the public). Board meetings are open to the public unless the chairperson determines an individual’s right to privacy outweighs the public’s right to know. If so, that portion of the meeting will be closed to the public (only the respondent, complainant, and legal counsel for each (if any) may be present).
  • The complaint and response (if any) are provided to the board members prior to an upcoming board meeting for their review. The board meeting is not a hearing, but rather a meeting at which the information provided is considered and discussed by the board.

DISMISSAL

  • If the board dismisses a complaint, the complaint can be dismissed with or without prejudice.
  • Dismissal With Prejudice-The complaint is dismissed and cannot be considered in the future.
  • Dismissal Without Prejudice-The complaint is dismissed but may be considered by the board in the future if there are ever allegations of a similar nature.

INVESTIGATION

  • The board can request an investigator be assigned to gather additional information surrounding the allegations made in the complaint. This may involve interviews with the respondent, the complainant, and possible witnesses.
  • After the investigation has been completed, an investigative report is prepared and presented to the board for consideration at a subsequent meeting.
  • Following the board’s review of the investigative report, a determination is made to either dismiss the complaint or take action in the form of a Cease and Desist or an Injunction.

CEASE & DESIST / INJUNCTION

  • The board may issue a Cease & Desist or seek an Injunction.
  • Cease & Desist–A letter from the administrative agency prohibiting a person or business from doing or continuing to do a certain activity.
  • Injunction-A writ granted by a court prohibiting a person or business from doing or continuing to do a certain activity.

For more information, contact DLI Business Standards Division at 406-841-2300

FAQ

You can use the "Apply for a License" Quick Link at the right to register for an account on the Department's "eBiz" electronic commerce site and begin an online license application. You also can download an application form here.

Please use the "Change Address" Quick Link on the right to notify the Board of an address change. If you have an account on the Department's "eBiz" website (with a unique User Name and Password) you can change your address via that account. You also can notify the Board via e-mail using the "E-mail the Board" Quick Link on the right.

Name changes must be requested in writing with legal documentation of the name change included (marriage license, divorce decree, etc.). Once the change is made, you can access and print an updated license certificate by logging into the Department's "eBiz" website (the same one you can use to renew your license) and seeking your license in the "Health Care Licensing" tab.

All RCP licenses expire May 1 and must be renewed each year.
Please see: License Renewal Information for additional information.

You can access and print your license certificate by logging into the Department's "eBiz" website (the same one you can use to renew your license.) Once in the site, you can find your license in the "Health Care Licensing" tab. Then look for the link to print your license.

If you cannot access the "eBiz" website, send the board office a written request for another license along with a $5.00 fee.

You will have up to two years to renew and will need to pay the renewal fees and late fees and submit continuing education. If you do not renew your license within two years following the expiration date, your license will "terminate" and cease to exist.

Your license will "terminate" (cease to exist.) If you still desire to be licensed in Montana following license termination, you will have to submit a new application for licensure.

Go to the "Board Information” tab on this website and then click the link for “Scheduled and Proposed Board Meetings."

Contact the Board office by phone at 406-841-2360 or by e-mail at dlibsdrcp@mt.gov. You can suggest or request that an item be placed on the agenda and can ask questions about licensure, renewal or anything else regarding the Board.

You can go directly to the License Lookup System.  This site is a primary source for verification of licensed individual’s credentials.

You can go directly to the License Download System.  This service allows you to purchase complete lists of individuals, businesses, and contractors licensed with the State of Montana through the Business Standards Division by using a credit/debit card.

Licensure requirements can be found under the License Information tab of this website. Applications can also be found under this tab as well.

The National Board for Respiratory Care is the national entity for testing and certification of respiratory therapists. The American Association for Respiratory Care is the national professional organization for respiratory therapists and RCP's.

Continuing education for licensees is due at licensure renewal every even-numbered year. The Board requires 24 continuing education credits be completed by the renewal deadline. Application for course or program approval can be made through a letter of request to the Board to review the course or program. If requesting approval, please include a copy of the course outline or agenda, brochure, and resume of the presenters along with any information on course or program objectives. Incomplete applications for course or program approval will not be processed until all required information is received.

National certification is handled by the NBRC. You should check with that organization about its policies, rules and standards. In order to practice respiratory care in Montana, you must have a Montana license.

Verifications are normally processed within five days of the date of request.  To request a written verification from the Board, please go to “license verification request” under the “Services/Links” tab.

The National Board for Respiratory Care offers a national exam accepted by the Board; you can reach them at their website, www.nbrc.org, or by phone at 883-341-4811.