In addition to 37-1-316 , MCA, the board defines "unprofessional conduct" as follows:

(1) Intentional or negligent physical, verbal or mental abuse of a client in a clinical setting;

(2) Failing to safeguard the client's dignity or right to privacy;

(3) Diverting drugs, supplies or property of patients or health care providers;

(4) Falsifying, altering or making incorrect essential entries or failing to make essential entries of client records;

(5) Using a firm name, letterhead, publication, term, title, designation or document which states or implies an ability, relationship or qualification that does not exist;

(6) Practicing the profession under a false name or name other than the name under which the license is held;

(7) Impersonating any licensee or representing oneself as a licensee for which one has no current license;

(8) Charging a client or a third-party payor for a service not performed;

(9) Submitting an account or charge for services that are false or misleading. This does not apply to charging for an unkept appointment;

(10) Filing a complaint with, or providing information to the board which the licensee knows or ought to know is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith;

(11) Violating, or attempting to violate, directly or indirectly, or assisting or abetting the violation of, or conspiring to violate any provision of Title 37, chapter 28, MCA, or rule promulgated thereunder, or any order of the board;

(12) Violating any state, federal, provincial or tribal statute or administrative rule governing or affecting the professional conduct of any licensee;

(13) Being convicted of a misdemeanor or any felony involving the use, consumption or self-administration of any dangerous drug, controlled substance or alcoholic beverage, or any combination of such substances;

(14) Using any dangerous drug or controlled substance illegally while providing professional services;

(15) Acting in such a manner as to present a danger to public health or safety, or to any client including, but not limited to, incompetence, negligence or malpractice;

(16) Maintaining an unsanitary or unsafe office or practicing under unsanitary or unsafe conditions;

(17) Performing services outside of the licensee's area of training, expertise, competence or scope of practice or licensure;

(18) Failing to obtain an appropriate consultation or make an appropriate referral when the problem of the client is beyond the licensee's training, experience or competence;

(19) Maintaining a relationship with a client that is likely to impair the licensee's professional judgment or increase the risk of client exploitation including providing services to employees, supervisees, close colleagues or relatives;

(20) Exercising influence on or control over a client, including the promotion or the sale of services, goods, property or drugs for the financial gain of the licensee or a third-party;

(21) Promoting for personal gain any drug, device, treatment, procedure, product or service which is unnecessary, ineffective or unsafe;

(22) Charging a fee that is clearly excessive in relation to the service or product for which it is charged;

(23) Failing to render adequate supervision, management, training or control of auxiliary staff or other persons, including licensee, practicing under the licensee's supervision or control according to generally accepted standards of practice;

(24) Discontinuing professional services unless services have been completed, the client requests the discontinuation, alternative or replacement services are arranged, or the client is given reasonable opportunity to arrange alternative or replacement services;

(25) Delegating a professional responsibility to a person when the licensee knows, or has reason to know, that the person is not qualified by training, experience, license or certification to perform the delegated task. A professional responsibility that may not be delegated, includes, but is not limited to, pulse oximetry;

(26) Accepting, directly or indirectly, employment from any person who is not licensed to practice the profession or occupation, or who is not licensed or authorized to operate a professional practice or business;

(27) Failing to cooperate with a board inspection or investigation in any material respect;

(28) Failing to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;

(29) Failing to obtain informed consent from patient or patient's representative prior to providing any therapeutic, preventative, palliative, diagnostic, cosmetic or other health-related care;

(30) Employing a nontraditional or experimental treatment or diagnostic process without informed consent from patient or patient's representative prior to such diagnostic procedure or treatment, or research, or which is inconsistent with the health or safety of the patient or public;

(31) Guaranteeing that a cure will result from the performance of medical services;

(32) Ordering, performing or administering, without clinical justification, tests, studies, x-rays, treatments or services;

(33) Possessing, using, prescribing for use or distributing controlled substances or legend drugs in any way other than for legitimate or therapeutic purposes, diverting controlled substances or legend drugs, violating any drug law or prescribing controlled substances for oneself;

(34) Prescribing, dispensing or furnishing any prescription drug without a prior examination and a medical indication therefore;

(35) Failing to provide to a patient, patient's representative or an authorized health care practitioner, upon a written request, the medical record or a copy of the medical record relating to the patient which is in the possession or under the control of the professional. Prior payment for professional services to which the records relate, other than photocopy charges, may not be required as a condition of making the records available;

(36) Engaging in sexual contact, sexual intrusion or sexual penetration, as defined in Title 45, chapter 2, MCA, with a client during a period of time in which a professional relationship exists; or

(37) Failing to account for funds received in connection with any services rendered or to be rendered.

(38) Failure to supply continuing education documentation as requested by the audit procedure set forth in ARM 24.213.2101 or supplying misleading, incomplete or false information relative to continuing education taken by the licensee.