24.156.501 DEFINITIONS

For the purpose of these rules, the following definitions shall apply:

(1) Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may be applied to females.

(2) "Act" means the Medical Practice Act of the state of Montana, 37-3-101 through 37-3-405 , MCA, as amended from time to time.

(3) "Applicant" means a person who has applied for a license to practice medicine in the state of Montana, or a person who has applied to take a licensing examination.

(4) "Complainant" means a person filing a complaint.

(5) "Foreign medical graduate" means a graduate of a medical school:

(a) not located in a state or territory of the United States, or the District of Columbia; and

(b) that is listed in the World Health Directory of Medical Schools.

(6) "Intern" means a person who has graduated from an approved medical school, and is enrolled in a program of training approved for first year post-graduates. The intern may also be referred to as "in post-graduate year 1" (PGY-1) , or "first year resident."

(a) An intern has passed USMLE Steps 1 and 2, and is preparing for, or awaiting the results of, USMLE Step 3, or the American osteopathic equivalent;

(b) An intern is not:

(i) yet eligible for licensure;

(ii) required to obtain a license for medical practice performed while in Montana; and

(iii) monitored by the board.

(7) "Medical student" means a person currently enrolled in a school of allopathic or osteopathic medicine approved by the council on medical education of the American medical association, the bureau of professional education of the American osteopathic association, or the board.

(a) A medical student is not:

(i) yet eligible for licensure;

(ii) required to obtain a license for medical practice performed while in Montana; and

(iii) monitored by the board.

(b) A person is not a medical student if the person:

(i) has been awarded a doctorate degree and successfully completed the United States medical licensing examination (USMLE) Steps 1 and 2, or the equivalent level of testing by the American osteopathic association; or

(ii) has passed USMLE Step 3, or the equivalent level of testing by the American osteopathic association.

(8) "Proceeding" shall include:

(a) a formal complaint alleging violation of any provision of the act or any regulation or requirement made pursuant to a power granted by such act;

(b) a hearing before the board pursuant to the provisions of 37-3-321 through 37-3-324 , MCA.

(9) "Resident" means a person who is educationally eligible for licensure as a physician, that is:

(a) has the degree of medical doctor, doctor of osteopathy or an equivalent degree;

(b) for purposes of licensure only:

(i) prior to October 1, 2001, has completed post-graduate year 1; or

(ii) on or after October 1, 2001, has completed post-graduate year 2;

(d) is enrolled in a residency training program approved by the accreditation council for graduate medical education (ACGME) or the equivalent American osteopathic association credentialing body;

(e) A resident may apply for licensure:

(i) if the resident is enrolled in an ACGME-approved residency or a residency approved by the American osteopathic association, the resident need not have an existing, active license to practice as a physician in a state or territory of the United States;

(ii) if the resident is not enrolled in an ACGME-approved residency, the resident must have an existing, active license to practice as a physician in a state or territory of the United States in order to obtain resident registration.

(10) "Secretary" means the executive secretary of the Montana state board of medical examiners.

(11) "Surgery" means any procedure in which human tissue is cut or altered by mechanical or energy forms, including electrical or laser energy or ionizing radiation.

History: 37-3-203, MCA; IMP, 37-3-102, 37-3-201, 37-3-305, 37-3-306, 37-3-307, 37-3-325, 37-3-326, MCA; Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 1700, Eff. 8/31/90; AMD, 1992 MAR p. 2050, Eff. 9/11/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 2000 MAR p. 3520, Eff. 12/22/00; TRANS, from Commerce, 2001 MAR p. 1471.