Can Montana shut down a med spa that is operating unlawfully?

Enforcement · part of The Practice Perimeter

On a decision that a licensee or license applicant has committed unprofessional conduct as provided in 37-1-316 , or on stipulation of the parties, the board may order one or any combination of the following sanctions that are necessary to protect the public: (a) revocation of the license; (b) suspension of the license for a fixed or indefinite term; (c) compliance with the conditions of probation for a period not to exceed 3 years; (d) restriction or limitation of the practice; (e) monitoring of the practice by a supervisor approved by the disciplining authority; (f) satisfactory completion of a specific program of remedial education or treatment; (g) payment of a fine not to exceed $5,000 for each violation. Fines must be deposited in the state general fund.

Mont. Code Ann. § 37-1-312(1)(a)-(g) · verified Sep 8, 2026 · regulatory monitoring, not legal advice

The rest of what Montana says on this

Every other rule we have verified under disciplinary landscape, each linked to its primary source.

  • (t) conduct that does not meet the generally accepted standards of practice. (v) violating a federal, state, or local law or rule relating to the conduct of the profession or occupation.

    Mont. Code Ann. § 37-1-316(1)(t), (v) · verified Sep 8, 2026

  • a person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint. (2) (a) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have committed a violation of this part, the department may, with the concurrence of a member of the screening panel established in 37-1-307 , investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation.

    Mont. Code Ann. § 37-1-308(1)-(2)(a) · verified Sep 8, 2026

  • The department may investigate whenever the department learns of a reason to suspect that a license applicant or a person having a license to practice medicine in this state: (a) is mentally or physically unable to safely engage in the practice of medicine, has procured a license to practice medicine by fraud or misrepresentation or through mistake, has been declared incompetent by a court of competent jurisdiction and has not later been lawfully declared competent, or has a condition that impairs the person's intellect or judgment to the extent that the condition incapacitates the person for the safe performance of professional duties; (b) has engaged in unprofessional conduct; (c) has practiced medicine with a suspended or revoked license; (d) has had a license to practice medicine suspended or revoked by any licensing authority for reasons other than nonpayment of fees; or (e) while under probation has violated the terms of probation.

    Mont. Code Ann. § 37-3-323(1) · verified Sep 8, 2026

  • (e) administering, dispensing, prescribing, ordering, or otherwise diverting a controlled substance as defined by the federal Food and Drug Administration or its successors, otherwise than in the course of legitimate or reputable professional practice; (g) termination of an existing relationship with a patient for whatever reason without verifiable written notice prior to terminating the relationship, and sufficiently far in advance to allow other medical care to be secured;

    Mont. Admin. R. 24.156.405(2)(e), (g) · verified Sep 8, 2026

  • (a) failing to utilize appropriate judgment in administering safe nursing practice based upon the level of nursing for which the individual is licensed; (o) practicing professional or practical nursing as a registered or practical nurse in this state without a current active Montana license or permit;

    Mont. Admin. R. 24.159.2301(2)(a), (o) · verified Sep 8, 2026

  • (f) dispensing medication without proper authorization; (j) buying, selling, purchasing or trading any prescription drug samples or offering to sell, purchase or trade drug samples.

    Mont. Admin. R. 24.174.2301(1)(f), (j) · verified Sep 8, 2026

  • The board may refuse to issue, may refuse to renew, or may revoke or suspend a license in any one of the following cases: (a) failure of a person, firm, partnership, corporation, or other legal entity operating a salon, shop, booth, or school to comply with this chapter; (b) failure to comply with the sanitary rules prescribed by the board by rule and approved by the department of public health and human services for the regulation of salons, shops, booths, or schools; (c) gross malpractice;

    Mont. Code Ann. § 37-31-331(1)(a)-(c) · verified Sep 8, 2026

  • A person who engages in a fraudulent course of conduct declared unlawful by 30-14-103 shall upon conviction be fined an amount not more than $5,000, imprisoned for not more than 1 year, or both, in the discretion of the court.

    Mont. Code Ann. § 30-14-142(3) · verified Sep 8, 2026

  • Without an appropriate license issued under this chapter, it is unlawful: (a) to practice barbering, barbering nonchemical, cosmetology, electrology, esthetics, or manicuring for compensation; (b) for an unlicensed student to provide services as a barber, a barber nonchemical, a cosmetologist, an electrologist, an esthetician, or a manicurist other than in a licensed school; (c) to own, manage, or operate a salon, shop, booth, or school; or to teach in a school other than as a student enrolled in a teacher training course.

    Mont. Code Ann. § 37-31-301(1) · verified Sep 8, 2026

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← All Montana rules and changes · MedSpaRadar is regulatory monitoring and reference, not legal, medical, or compliance advice. Verify against the linked primary source and consult qualified counsel before acting — rules change and turn on your specific facts. Legislative data via LegiScan (CC BY 4.0).