37-1-144. Provisional license -- limitations -- validity -- temporary license. (1) The department may issue a provisional license to an applicant whom the department has initially determined to be eligible for licensure, except for one or more of the following pending conditions:

(a) passage of the required licensure examination;

(b) completion of supervised work or educational experience as a license holder;

(c) facility or equipment inspection;

(d) verification of licensure in good standing from other licensing jurisdictions and applicable national licensing databases; or

(e) verification of absence of relevant criminal charges or other action.

(2) A board or a program may, by rule, prescribe the time, place, supervision, or other limitations respecting the provisional license.

(3) The provisional license is valid until the applicant is issued a license or until one or more of the following occurs:

(a) the applicant exceeds the prescribed time limit to complete the work experience or pass a licensure examination;

(b) the applicant substantially and materially fails an inspection;

(c) the applicant is found to have license discipline, criminal, or other action in conflict with information reported on the application; or

(d) the applicant fails to act timely to complete the required condition.

(4) On one or more of the occurrences in subsection (3), the department shall render the provisional license inactive without appeal or judicial review and notify the applicant of its decision.

(5) On registration with the department, individuals actively licensed in good standing in another state may practice in Montana up to 21 days in a calendar year without licensure in this state to provide education, continuity of treatment, treatment to underserved populations, or highly specialized treatment care to clients or patients. For the purposes of this section, good standing includes verification of licensure in another state and any applicable disciplinary data bank.