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69th Legislature 2025 HB 109
- 1 - Authorized Print Version – HB 109
ENROLLED BILL
AN ACT REVISING LAWS RELATING TO PROFESSIONAL LICENSING TO CORRECT ERRATA; REVISING
STATUTORY CITATIONS FOR LICENSED SOCIAL WORKERS, PROFESSIONAL COUNSELORS,
ADDICTION COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND BEHAVIORAL HEALTH PEER
SUPPORT SPECIALISTS; AND AMENDING SECTION 28-2-724, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 28-2-724, MCA, is amended to read:
"28-2-724. Prohibition of contracts that restrict practice -- applicability -- exceptions. (1) A
contract that creates or establishes the terms of employment, a partnership, or any other form of professional
relationship with a health care provider described in subsection (2), may not restrict the right of the health care
provider to:
(a) practice or provide services for which the provider is licensed, in any geographic area and for
any period, after the termination of the employment, partnership, or other form of professional relationship;
(b) treat, advise, consult with, or establish a provider-patient relationship with any current patient of
the employer or with a patient affiliated with a partnership or other form of professional relationship; or
(c) solicit or seek to establish a provider-patient relationship with any current patient of the
employer or with a patient affiliated with a partnership or other form of professional relationship.
(2) The requirements of subsection (1) apply to contracts or agreements involving the following
health care providers:
(a) a psychiatrist or addiction medicine physician licensed under Title 37, chapter 3;
(b) a psychologist licensed under Title 37, chapter 17;
(c) a social worker licensed under Title 37, chapter 22 39;
(d) a professional counselor licensed under Title 37, chapter 23 39;
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69th Legislature 2025 HB 109
- 2 - Authorized Print Version – HB 109
ENROLLED BILL
(e) an addiction counselor licensed under Title 37, chapter 35 39;
(f) a marriage and family therapist licensed under Title 37, chapter 37 39; and
(g) a behavioral health peer support specialist licensed under Title 37, chapter 38 39.
(3) This section does not apply to a contract in connection with the sale and purchase of a
practice."
Section 2. Directions to code commissioner. Section 37-23-104 is intended to be renumbered into
Title 37, chapter 39.
- END -
I hereby certify that the within bill,
HB 109, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 109
INTRODUCED BY S. FITZPATRICK
BY REQUEST OF THE ECONOMIC AFFAIRS INTERIM COMMITTEE
AN ACT REVISING LAWS RELATING TO PROFESSIONAL LICENSING TO CORRECT ERRATA; REVISING
STATUTORY CITATIONS FOR LICENSED SOCIAL WORKERS, PROFESSIONAL COUNSELORS,
ADDICTION COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND BEHAVIORAL HEALTH PEER
SUPPORT SPECIALISTS; AND AMENDING SECTION 28-2-724, MCA.