Montana House Bill HB115

Montana 2023 Regular Session

• Introduced: 12/13/22
• Refer: 12/21/22
• Engrossed: 1/31/23
• Refer: 3/2/23
• Enrolled: 4/17/23
• Passed: 5/3/23

Caption

Consolidating and clarifying penalties for unlicensed practice

Impact

This bill will notably impact state laws concerning the governance of professional practice, allowing the Department of Labor and Industry to enforce compliance more effectively. By providing uniform civil penalties for violations, it will seek to deter unlicensed practices and protect public safety. Additionally, the introduction of injunctions and the capacity for boards to assess daily penalties for violations of cease and desist orders represents a significant shift in enforcement strategies, promoting a more proactive approach to regulation.

Summary

House Bill 115, introduced by B. Mercer at the request of the Department of Labor and Industry, aims to generally revise laws related to licensing boards in Montana. The bill focuses on consolidating and clarifying existing penalties for unlicensed practices across various professions while establishing a clear framework for the issuance of cease and desist orders by the department. The legislation intends to standardize penalties, streamline enforcement mechanisms, and ensure that penalties collected are allocated to specific state funds, enhancing accountability and financial transparency for regulatory bodies.

Sentiment

General sentiment around HB 115 appears to be supportive, particularly from regulatory bodies and advocates for stringent professional licensing. Proponents argue that clarifying the penalties for unlicensed practice is essential for protecting consumers and ensuring professional standards are upheld. However, there may be concerns raised by some industry stakeholders about the potential for increased bureaucratic oversight and the implications of daily penalties on unintentional violations, indicating a need for continued dialogue on balancing enforcement with accessibility.

Contention

While the bill has garnered support, there are notable contentions regarding the scope of what constitutes 'unprofessional conduct,' particularly as it pertains to pharmacists. This definition could lead to more stringent repercussions for professional lapses, raising discussions about fairness and the right of professionals to appeal such penalties. Additionally, the repeal of several individual penalty provisions may face criticism from those who believe that specific contexts warrant tailored regulations rather than a one-size-fits-all approach.