24.213.2301    UNPROFESSIONAL CONDUCT

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

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

(24) 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;

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

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

(27) 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;

(28) 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;

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

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

(31) 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;

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

(33) 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;

(34) 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

(35) 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.

History: 37-1-131, 37-1-319, 37-28-104, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, MCA; NEW, 1992 MAR p. 913, Eff. 5/1/92; AMD, 1997 MAR p. 542, Eff. 3/25/97; AMD, 1998 MAR p. 2276, Eff. 8/28/98; TRANS, from Commerce, 2003 MAR p. 1286; AMD, 2015 MAR p. 22, Eff. 1/16/15.