Nurses make up the largest workforce within the healthcare industry. With over 4.7 million LPNs, RNs, and APRNs actively working in the U.S., it can be challenging to regulate the quality of care these clinicians provide. To ensure patients receive the treatment they deserve, each state has enacted rules and regulations to govern the nursing profession. In Montana, these laws are known collectively as the Montana Nurse Practice Act.
In this article, we'll discuss these laws and summarize the regulations that could affect your clinicians. Then, we'll review three key strategies that can help you improve regulatory compliance within your organization.
What Is the Montana Nurse Practice Act?
LPNs, RNs, and APRNs practicing in Montana are required to follow the laws outlined in the state's NPA. These laws establish:
- State nursing rules and regulations.
- Minimum care standards that must be met in all healthcare facilities.
- The steps required for maintaining and renewing a Montana nursing license.
- Requirements for Montana nursing education programs.
- The APRN, RN, and LPN scope of practice.
- Montana board of nursing requirements for foreign graduates.
- Disciplinary actions for NPA violations.
Nurse Practice Act: Montana Laws at a Glance
As an administrator in Montana, state nurse practice act laws directly impact your staff and the patients they care for. To help you understand what these rules look like in practice, we've detailed the state's licensure requirements, rules for delegation, and penalties for violations in the table below.
| Montana Nurse Practice Act: Summary of Key Elements | |
|---|---|
| Legal Authorities | Montana Annotated Code:Section 2-15-1734(board of nursing membership)Sections 37-8-101 to 37-8-501(general laws for nursing practice)Administrative Rules of Montana:Subchapters 24.159.1 to 24.159.23 |
| Montana State Nursing Licensure Requirements | Montana RN licensure applicantsmust qualifyby either passing the NCLEX examination or getting a license endorsed from another state.The steps forNCLEX exam qualificationare as follows:Graduate from a Montana approved or accreditednursing education programand submit verified transcripts.Submit an application with theappropriate fees.Complete acriminal background checkand fingerprinting.Register for and pass the NCLEX examination.The steps forendorsement qualificationare as follows:Graduate from a Montana BON-approved nursing education program and submit verified transcripts.Submit an applicationwith the appropriate fees.Complete acriminal background checkand fingerprinting.Present a valid license to practice nursing in another state and submit arequest for licensure verificationthrough Nursys.The Montana Board of Nursing may grant atemporary practice permitfor nurses who are new to the nursing practice in Montana and meet board specifications. This temporary permit is valid for both new graduates and licensure by endorsement applicants andallows supervised practiceuntil the nurse is fully qualified. The permit is valid until the nurse’s license is granted or until two weeks after they are notified of their exam results, whichever is first.TheMontana Board of Nursing websitealso provides approximate timeframes for application processing and outlines the required steps to renew a Montana nursing license. |
| Montana Nurse Practice Act Delegation of Nursing Duties | Nursing professionals areallowed to delegateto unlicensed clinicians when:The delegatee has demonstrated competency to perform the task safely.The task is consistent with the delegatee’s job description and scope of practice.The results of the task are reasonably predictable.The completion of the task poses minimal risk to the patient and can be performed safely according to clear directions from the delegating nurse.The task does not require clinical reasoning, nursing judgement, or critical decision making.The nurse cansupervise the delegateeand monitor the performance of the task.The nurse will evaluate the effectiveness of the task and intervene or revise the care plan when necessary.The nurse can maintain accountability for the delegated nursing task.A nurse isprohibited from delegating:Any task that requires thenursing process(assessment, diagnosis, establishment of a care goal, development of nursing care plan, or evaluation of the patient’s progress).Any task that falls outside the delegatee’s scope of practice or ability.Any verbal orders from a managing provider.The task of teaching or counseling patients or family members. |
| NPA Violations and Penalties | Nurses who practice outside of theMontana nursing scope of practiceor commit any violation outlined inSubchapter 24.159.2301of the Administrative Rules of Montana could face disciplinary action. Grounds for discipline include:Failing to utilize appropriate judgement or technical competence when administering nursing care.Failing to follow facility policies or procedures when completing a nursing task.Failing to safeguard a patient’s dignity or right to privacy.Verbally or physically abusing patients.Performing procedures outside the nursing scope of practice.Falsifying medical records.Abandoning a patient assignment.Practicing nursing without a valid Montana license.Failing to report any knowledge of fraudulent practice.Diverting medication or violating another state or federal drug law.Acting with willful negligence in a way that places a patient at risk of injury.Inappropriately delegating a nursing task.Any of the above violations could result in asuspended or revoked nursing license, along with fines, public reprimand, and the possibility of criminal charges. |
| Nurse Licensure Compact (NLC) State? | Montanaisinvolved in theNLC compact. Therefore, the Montana Nurse Practice Act encompassesrules and guidelinesestablished by the NLC. |
Improving Regulatory Compliance: 3 Tips for Facilities
Now that you've learned about Montana's NPA, you're probably looking for ways to incorporate these laws into your facility's nursing policies. Here are three tips to help you get the ball rolling.
1. Verify Clinician Credentials Upon Hire
Fraudulent licensure is on the rise, which places your patients at risk of receiving substandard care. When onboarding new employees, you'll want to ensure the nurses you hire have earned the license, degree, and certifications they claim to hold. In Montana, administrators can do this on either the Montana nursing license lookup system or the Nursys Quick Confirm License Verification portal.
2. Report Misconduct
According to the Montana Board of Nursing Nurse Practice Act, clinicians are required by law to report any suspected misconduct or fraudulent practice. Make it easy for your team to file a complaint by posting a link to the Montana Online License Complaint Form straight to your nursing website.
3. Encourage Staff to Complete NPA Training Modules
According to the Montana Nurse Practice Act, nurses are no longer required to complete continuing education courses to renew their license. However, facilities are still encouraged to offer learning and professional development opportunities to support the growth of their employees.
The Montana Board of Nursing has developed a set of free, teachable modules to educate clinicians about state nursing laws, rules, and practice guidelines. By providing your employees paid time to complete the modules, you can empower them with the knowledge and skills to manage their own professional practice.
Looking for More Ways to Support Your Team?
By familiarizing yourself with the Montana Nurse Practice Act, you can empower your clinicians to provide the best care possible. Looking for more ways to support your clinical team? Check out additional healthcare resources, tips, and guides, written by our team of clinical and legal experts.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.