Montana Code Annotated

Mont. Code Ann. § 37-8-102 (2026)

Definitions

✓ current as of May 2026

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TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 8. NURSING

Part 1. General

Definitions

37-8-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Advanced practice registered nurse" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, in addition to basic nursing education, as specified by the board pursuant to 37-8-202.

(2) "Board" means the board of nursing provided for in 2-15-1734.

(3) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.

(4) "Medication aide I" means a person who in an assisted living facility uses standardized procedures in the administration of drugs, as defined in 37-7-101, that are prescribed by a physician, naturopathic physician, physician assistant, optometrist, advanced practice registered nurse, dentist, osteopath, or podiatrist authorized by state law to prescribe drugs.

(5) "Medication aide II" means a person who in a long-term care facility licensed to provide skilled nursing care, as defined in 50-5-101, uses standardized procedures in the administration of drugs, as defined in 37-7-101, that are prescribed by a physician, naturopathic physician, physician assistant, optometrist, advanced practice registered nurse, dentist, osteopath, or podiatrist authorized by state law to prescribe drugs.

(6) "Nursing education program" means any board-approved school that prepares graduates for initial licensure under this chapter. Nursing education programs for:

(a) professional nursing may be a department, school, division, or other administrative unit in a junior college, college, or university;

(b) practical nursing may be a department, school, division, or other administrative unit in a vocational-technical institution or junior college.

(7) "Practice of nursing" embraces the practice of practical nursing and the practice of professional nursing.

(8) (a) "Practice of practical nursing" means the performance of services requiring basic knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing procedures. The practice of practical nursing uses standardized procedures in the observation and care of the ill, injured, and infirm, in the maintenance of health, in action to safeguard life and health, and in the administration of medications and treatments prescribed by a physician, naturopathic physician, physician assistant, optometrist, advanced practice registered nurse, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments. These services are performed under the supervision of a registered nurse or a physician, naturopathic physician, physician assistant, optometrist, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.

(b) These services may include a charge-nurse capacity in a long-term care facility that provides skilled nursing care or intermediate nursing care, as defined in 50-5-101, under the general supervision of a registered nurse.

(9) "Practice of professional nursing" means the performance of services requiring substantial specialized knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing theory as a basis for the nursing process. The nursing process is the assessment, nursing analysis, planning, nursing intervention, and evaluation in the promotion and maintenance of health, the prevention, casefinding, and management of illness, injury, or infirmity, and the restoration of optimum function. The term also includes administration, teaching, counseling, supervision, delegation, and evaluation of nursing practice and the administration of medications and treatments prescribed by physicians, naturopathic physicians, physician assistants, optometrists, advanced practice registered nurses, dentists, osteopaths, or podiatrists authorized by state law to prescribe medications and treatments. Each registered nurse is directly accountable and responsible to the consumer for the quality of nursing care rendered. As used in this subsection (9):

(a) "nursing analysis" is the identification of those client problems for which nursing care is indicated and may include referral to medical or community resources;

(b) "nursing intervention" is the implementation of a plan of nursing care necessary to accomplish defined goals.

History: En. Sec. 2, Ch. 243, L. 1953; amd. Sec. 2, Ch. 291, L. 1967; amd. Sec. 114, Ch. 350, L. 1974; amd. Sec. 1, Ch. 180, L. 1975; R.C.M. 1947, 66-1222; amd. Sec. 4, Ch. 248, L. 1981; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 1, Ch. 504, L. 1989; amd. Sec. 1, Ch. 584, L. 1993; amd. Sec. 25, Ch. 308, L. 1995; amd. Sec. 1, Ch. 136, L. 1997; amd. Sec. 117, Ch. 483, L. 2001; amd. Sec. 12, Ch. 54, L. 2003; amd. Sec. 1, Ch. 317, L. 2003; amd. Sec. 2, Ch. 448, L. 2003; amd. Sec. 42, Ch. 467, L. 2005; amd. Sec. 12, Ch. 502, L. 2007; amd. Sec. 1, Ch. 392, L. 2011.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1983–2023 · leading case: Weems v. State by & through Fox, 440 P.3d 4 (Mont. 2019).

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Weems v. State by & through Fox, 440 P.3d 4 (Mont. 2019). · cites it 4× “4 However, the determination of whether APRNs can safely and competently provide abortions is clearly a question for the Montana Board of Nursing, who govern the practice of APRNs in Montana, see §§ 37-8-102(1); -202(2)(b); -409(1), MCA, and have the requisite medical training…”

Weems v. State, 2023 MT 82 (Mont. 2023). · cites it 3× “” Section 37-8-102(1), MCA. Section 37-8-202(2)(b), MCA, sets forth the organization, powers, and duties of the Board and, relevant to APRNs, provides: 4 Women become ineligible for medication abortion past 10 weeks from the day of the patient’s LMP.”

Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983). “1982); Mont.Code Ann. § 37-8-102(3)(a) (1983); Neb.”

Montana Soc'y of Anesthesiologists v. Montana Bd. of Nursing, 2007 MT 290 (Mont. 2007). · cites it 5× “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services 2 must be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). · cites it 5× “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services2 mu s t be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). · cites it 5× “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services 2 must be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

— Mont. Code Ann. § 37-8-102(1) — 2 cases

Weems v. State by & through Fox, 440 P.3d 4 (Mont. 2019). “4 However, the determination of whether APRNs can safely and competently provide abortions is clearly a question for the Montana Board of Nursing, who govern the practice of APRNs in Montana, see §§ 37-8-102(1); -202(2)(b); -409(1), MCA, and have the requisite medical training…”

Weems v. State, 2023 MT 82 (Mont. 2023). “” Section 37-8-102(1), MCA. Section 37-8-202(2)(b), MCA, sets forth the organization, powers, and duties of the Board and, relevant to APRNs, provides: 4 Women become ineligible for medication abortion past 10 weeks from the day of the patient’s LMP.”

— Mont. Code Ann. § 37-8-102(3)(a) — 1 case

Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983). “1982); Mont.Code Ann. § 37-8-102(3)(a) (1983); Neb.”

— Mont. Code Ann. § 37-8-102(7)(a) — 3 cases

Montana Soc'y of Anesthesiologists v. Montana Bd. of Nursing, 2007 MT 290 (Mont. 2007). “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services 2 must be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services2 mu s t be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

Anesthesiologists v. Bd. of Nursi, 2007 MT 290 (Mont. 2007). “Similarly, § 37-8-102(7)(a), MCA (2005), requires that practical nursing services 2 must be “performed under the supervision of a registered nurse or a physician, dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments.”

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