Is an exam required before a patient can be treated in Montana?

Intake · part of The Practice Perimeter

Short answer
The cited rules settle this only for telemedicine — there the licensee must establish a provider-patient relationship and take a sufficient medical history before treating; an in-person exam is required only where the standard of care demands it.

The sections cited here govern the pre-treatment encounter through a telemedicine definition, a telehealth authorization, and a board rule that says when a provider-patient relationship exists. The Code defines telemedicine as the practice of medicine by interactive electronic communications, information technology, or audio-only conversation between a licensee and a patient in different locations, and permits a person licensed under Title 37 to provide health care to do so by telehealth when that is appropriate, meets the standard of care, and complies with the licensing board’s rules. The Board of Medical Examiners’ telemedicine rule then sets the terms of that relationship: treatment occurs where the patient is, the same standard of care applies as in person, and a provider-patient relationship may be established by an in-person interview and examination when the standard of care requires one, by consultation with another provider who has a documented relationship with the patient, or through telemedicine if the standard of care does not require an in-person encounter. Before treating, prescribing, or delegating, the licensee must establish that relationship and obtain a medical history sufficient for diagnosis and treatment, and may delegate the patient’s care only to providers the licensee knows to be qualified, who have their own relationship with the patient, or who can reach the licensee for consultation. The pharmacy act defines compounding and says it does not prevent a medical practitioner from compounding or using drugs in the practitioner’s practice or furnishing drugs to a patient; neither cited pharmacy section names a drug or mentions office stock.

Drawn from 7 verified rules in this section · regulatory monitoring, not legal advice

Related Montana rules

  • "Telemedicine" means the practice of medicine using interactive electronic communications, information technology, audio-only conversations, or other means between a licensee in one location and a patient in another location with or without an intervening health care provider. Telemedicine includes the application of secure videoconferencing or store-and-forward technology. (b) The term does not mean an e-mail or instant messaging conversation or a message sent by facsimile transmission.

    Mont. Code Ann. § 37-3-102(14)(a)-(b) · verified Sep 8, 2026

  • A person licensed under this title to provide health care in the ordinary course of business or practice of a profession may provide services by means of telehealth when the use of telehealth: (a) is appropriate for the services being provided; (b) meets the standard of care for delivery of services; and (c) complies with any administrative rules for telehealth adopted by the board that licenses the health care provider.

    Mont. Code Ann. § 37-2-305(1) · verified Sep 8, 2026

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← All Montana rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).