Montana Code Annotated 2001

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     37-3-343. Practice of telemedicine prohibited without certificate -- scope of practice limitations -- violations and penalty. (1) A physician may not practice telemedicine in this state without a telemedicine certificate issued pursuant to 37-3-301 and 37-3-341 through 37-3-349.
     (2) A telemedicine certificate authorizes an out-of-state physician to practice telemedicine only with respect to the specialty in which the physician is board-certified or meets the current requirements to take the examination to become board-certified and on which the physician bases the physician's application for a telemedicine certificate pursuant to 37-3-345(2).
     (3) A telemedicine certificate authorizes an out-of-state physician to practice only telemedicine. A telemedicine certificate does not authorize the physician to engage in the practice of medicine while physically present within the state.
     (4) A physician who practices telemedicine in this state without a telemedicine certificate issued pursuant to 37-3-301 and 37-3-341 through 37-3-349, in violation of the terms or conditions of that certificate, in violation of the scope of practice allowed by the certificate, or without a physician's certificate of licensure issued pursuant to 37-3-301(2)(a), is guilty of a misdemeanor and on conviction shall be sentenced as provided in 37-3-325.

     History: En. Sec. 3, Ch. 371, L. 1999.

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