(1) For the purpose of implementing Title 37, chapter 1, MCA, and in addition to the provisions at 37-1-316 , MCA, the board defines "unprofessional conduct" as follows:

(a) diagnosing or treating individual disorders by correspondence;

(b) discriminating against a client on the basis of race, religion, sex, or age;

(c) inaccurately recording, falsifying, altering, or failing to make essential entries of any record of a client or health care provider;

(d) intentionally making or filing a false or misleading report or failing to file a report when it is required by law or third person, or intentionally obstructing or attempting to obstruct another person from filing such report;

(e) improper use of evaluation or treatment modalities resulting in physical injury to the client;

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

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

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

(i) charging a client or a third-party payor for a service not performed;

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

(k) 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;

(l) 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 24, MCA, or rule promulgated thereunder, or any order of the board;

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

(n) 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;

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

(p) 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;

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

(r) 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;

(s) maintaining a relationship with a client that is likely to impair the licensee's professional judgment or increase the risk of client exploitation;

(t) 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;

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

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

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

(x) 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;

(y) 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;

(z) failing to cooperate with a board inspection or investigation in any material respect;

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

(ab) failing to obtain informed consent from client or client's representative prior to providing any therapeutic intervention;

(ac) failing to complete 40 hours of instruction or training under proctoring of sound and electrical physical agent modalities done on patients directly supervised by the instructor/proctor;

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

(ae) guaranteeing that a cure will result from the performance of medical services;

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

(ag) failing to provide to a client, client'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 client 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;

(ah) sexual, verbal, or mental abuse of a client;

(ai) failing to safeguard the client's dignity or right to privacy;

(aj) 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 for up to six months after the relationship has terminated;

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

(al) failing to supply continuing education documentation as requested by the audit procedure set forth in ARM 24.165.2101 or supplying misleading, incomplete, or false information relative to continuing education taken by the licensee.