37-3-345. Qualifications for telemedicine license -- basis for denial. The board may not grant a telemedicine license to a physician unless the physician has established under oath that the physician:
     (1) has a full, active, unrestricted certificate or license to practice medicine or osteopathic medicine in another state or territory of the United States or the District of Columbia;
     (2) is board-certified or meets the current requirements to take the examination to become board-certified in a medical specialty pursuant to the standards of, and approved by, the American board of medical specialties or the American osteopathic association bureau of osteopathic specialists;
     (3) has no history of disciplinary action or limitation of any kind imposed by a state or federal agency in a jurisdiction where the physician is or has ever been licensed to practice medicine;
     (4) is not the subject of a pending investigation by a state medical board or another state or federal agency;
     (5) has no history of conviction of a crime related to the physician's practice of medicine;
     (6) has submitted proof of current malpractice or professional negligence insurance coverage in the amount to be set by the rules of the board;
     (7) has not paid, or had paid on the physician's behalf, on more than three claims of professional malpractice or negligence within the 5 years preceding the physician's application for a telemedicine license;
     (8) has identified an agent for service of process in Montana who is registered with the secretary of state and the board and who may be a physician licensed to practice medicine in this state;
     (9) has paid an application fee in an amount set by the rules of the board; and
     (10) has submitted as a part of the application form a sworn statement attesting that the physician has read, understands, and agrees to abide by Title 37, chapters 1 and 3, and the administrative rules governing the practice of medicine in Montana.

     History: En. Sec. 5, Ch. 371, L. 1999; amd. Sec. 11, Ch. 224, L. 2003; amd. Sec. 19, Ch. 126, L. 2005.