Are occupational therapists authorized by Montana law to employ iontophoresis?
It is my opinion that they are not.I write this opinion under the assumption that the parties agree to the following definition: Iontophoresis means a process whereby topical medications are applied through the use of electricity. See Mont. Code Ann. ยง 37-11-106(1)(b).I. BACKGROUNDThis request for an Attorney General’s Opinion arises out of a declaratory ruling by the Montana Board of Occupational Therapists (Board). The Board concluded that “iontophoresis as a physical agent modality is within the scope of practice for appropriately licensed occupational therapists within the state of Montana.” The Montana Chapter of the American Physical Therapy Association (PT Association), objected to the conclusion of the Board. The Board and the PT Association have agreed to defer to an Opinion of the Attorney General.As a general rule, an administrative agency’s interpretation of a statute under its domain should receive deference unless there are compelling indications that the Board’s interpre