Committee endorses bill to standardize medical and mental evaluation standards for health licensing boards

Quinlan O'Connor, chief legal counsel for the Department of Labor and Industry, told the committee House Bill 238 sets clear standards licensing boards should consider before ordering invasive mental or physical evaluations of licensees: "the duration of the risk, the nature and severity of the potential harm, the likelihood that the harm will occur, and the imminence of that potential harm," he said.

O'Connor said the change is intended to give licensees clear expectations and to align board procedures across health-related licensing boards. Jean Branscum, CEO of the Montana Medical Association, said physicians and other stakeholders helped draft amendments and supported limiting records access to only those items directly relevant to the exam.

Committee members asked how often boards order such evaluations; O'Connor and department staff said such orders are relatively uncommon and typically arise from complaints or disciplinary proceedings. O'Connor described scenarios where boards would weigh the four statutory factors — for example, whether a temporary injury (a short-term limp) requires an evaluation versus an ongoing risk to patients.

Members also asked how evaluators would be chosen; O'Connor said boards would seek qualified experts appropriate to the license type and allegations, and that an amendment requires a physician to evaluate a physician when appropriate.

The committee voted to concur on House Bill 238 in executive action. Testimony emphasized the bill is not intended to expand licensing boards' reach but to provide consistent statutory guidance and to protect public safety while respecting licensees' rights.

The bill includes cross-references to occupational licensing parts 3 and 4 and a clarification that evaluations and access to records are limited to materials strictly necessary for the evaluation.