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24.117.2301    UNPROFESSIONAL CONDUCT

In addition to the provisions of 23-3-603, MCA, the department defines "unprofessional conduct" as follows:

(1) violating, or attempting to violate, directly or indirectly, or assisting or abetting the violation of, or conspiring to violate any provision of Title 23, chapter 3, MCA, or rule promulgated thereunder, or any order of the department;

(2) violating any state, federal, provincial or tribal statute, or administrative rule governing the professional conduct of the licensee;

(3) impersonating any licensee or representing oneself as a licensee without holding a current license;

(4) failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose;

(5) breaching any contract with any person contracting for services of the license holder, which breach results in a material injury to another person;

(6) offering, giving or promising anything of value or benefit to any federal, state or local employee or official for the purpose of influencing that employee or official to circumvent federal, state or local law, regulation or ordinance governing the licensee's profession;

(7) using any dangerous drug or controlled substance illegally while providing professional services;

(8) failing to cooperate with a department inspection or investigation in any material respect;

(9) failing to respect the authority of the department and its representatives; and

(10) failing to report an incident of unsafe practice or unethical conduct of another licensee to the department.

 

History: 23-3-405, MCA; IMP, 23-3-405, 23-3-603, MCA; NEW, 1996 MAR p. 1664, Eff. 6/21/96; TRANS, from Commerce, 2001 MAR p. 2148; AMD, 2017 MAR p. 786, Eff. 6/10/17.

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