Mont. Code Ann. » TITLE 37. PROFESSIONS AND OCCUPATIONS · CHAPTER 20. PHYSICIAN ASSISTANTS · Part 4. Regulation of Practice
Montana Code Annotated

Mont. Code Ann. § 37-20-403 (2026)

Physician Assistant Scope Of Practice

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 37
  3. CHAPTER 20
  4. Part 4
  5. 37-20-403 Physician assistant scope of practice

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 20. PHYSICIAN ASSISTANTS

Part 4. Regulation of Practice

Physician Assistant Scope Of Practice

37-20-403. Physician assistant scope of practice. (1) A physician assistant is professionally and legally responsible for the care and treatment of a patient by a physician assistant licensed in accordance with this chapter.

(2) A physician assistant may:

(a) diagnose, examine, and treat human conditions, ailments, diseases, injuries, or infirmities, either physical or mental, by any means, method, device, or instrumentality;

(b) obtain informed consent;

(c) supervise, delegate, and assign therapeutic and diagnostic measures;

(d) certify the health or disability of a patient as required by any local, state, or federal program; and

(e) authenticate any document that a physician may authenticate.

History: En. Sec. 3, Ch. 97, L. 1989; amd. Sec. 74, Ch. 429, L. 1995; amd. Sec. 16, Ch. 519, L. 2005; amd. Sec. 8, Ch. 88, L. 2023.

Notes of Decisions
Cited in 7 cases, 1995–2018 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).
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Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 2× “33a (enjoining State from enforcing the licensed physician provision against a physician assistant, supervised by a licensed physician, who has received approval from the State Board of Medical Examiners to conduct abortions); see also Mont. Code Ann. § 37-20-403 (1993)…”
State v. Kenneth Merry, 2008 MT 288 (Mont. 2008). · cites it 4× “See § 37-11-105, 9 MCA, and § 37-20-403, MCA. Though we do not use these statutes to define the terms of § 61-8-405, MCA, these statutes demonstrate that the Legislature drafts with specificity when it intends to require direct or onsite supervision and direction.”
State v. Heath, 432 P.3d 141 (Mont. 2018). · cites it 3× “¶36 Section 37-20-403(1), MCA provides: "A health care provider shall consider the instructions of a physician assistant as being the instructions of the supervising physician as long as the instructions concern the duties delegated to the physician assistant.”
Armstrong v. Mazurek, 906 F. Supp. 561 (D. Mont. 1995). · cites it 2× “The State of Montana emphasizes this construction of the term “licensed physician” was compelled by the then existing statutory law, more particularly Mont.Code Ann. § 37-20-403 (1993) (physician assistant-certified recognized as agent of the supervising physician), Mont.”
Montana Soc'y of Anesthesiologists v. Montana Bd. of Nursing, 2007 MT 290 (Mont. 2007). · cites it 2× “Moreover, § 37-20-403, MCA, provides that a physician assistant is an agent of the physician and the duties of the physician assistant are delegated by the physician.”
Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). · cites it 2× “Moreover, § 37-20-403, MCA, provides that a physician assistant is an agent of the physician and the duties of the physician assistant are delegated by the physician.”
Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). · cites it 2× “Moreover, § 37-20-403, MCA, provides that a physician assistant is an agent of the physician and the duties of the physician assistant are delegated by the physician.”
— Mont. Code Ann. § 37-20-403(1) — 1 case
State v. Heath, 432 P.3d 141 (Mont. 2018). “¶36 Section 37-20-403(1), MCA provides: "A health care provider shall consider the instructions of a physician assistant as being the instructions of the supervising physician as long as the instructions concern the duties delegated to the physician assistant.”
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