Rule 24.156.405 - UNPROFESSIONAL CONDUCT(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice.(2) In addition, the following is unprofessional conduct:(a) failure to cooperate in any investigation of the board or to provide any information requested by the board or its agents;(b) failure to report to the board within thirty days from the date of a final judgment, order, or agency action, all information related to malpractice, misconduct, criminal, or disciplinary action in which the licensee or applicant is a party;(c) abusive billing practices;(d) testifying in court on a contingency basis;(e) administering, dispensing, prescribing, ordering, or otherwise diverting a controlled substance as defined by the federal Food and Drug Administration or its successors, otherwise than in the course of legitimate or reputable professional practice;(f) regarding patient records, to fail to: (i) appropriately secure records;(ii) appropriately document patient care; or(iii) transfer records to another licensed health care provider, the patient, or the patient's representative when requested to do so by the patient or the patient's legally designated representative;(g) termination of an existing relationship with a patient for whatever reason without verifiable written notice prior to terminating the relationship, and sufficiently far in advance to allow other medical care to be secured; (h) sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice;(i) failure to supervise, appropriately direct, or train individuals under the licensee's supervision according to applicable law, rule, or standards;(j) failure to comply with an agreement entered into by the licensee with the medical assistance program;(k) for physician assistants with fewer than 8,000 hours of postgraduate clinical experience, practicing without a collaborative agreement meeting the requirements of 37-20-203, MCA;(l) while under investigation or during a pending complaint, in Montana or elsewhere, but prior to a determination: (i) withdrawing an application for licensure, certification, or registration; or(ii) voluntarily relinquishing or surrendering of professional or occupational license, certification, registration, or privileges;(m) engaging in practice under a license issued by the board as the partner, agent, or employee of, or in joint venture with, a person who does not hold an equivalent license for practice. However, this rule does not prohibit:(i) the incorporation of an individual licensee or group of licensees as a professional service corporation under Title 35, chapter 4, MCA, a professional limited liability company under Title 35, chapter 8, MCA, or a professional limited liability partnership under Title 35, chapter 10; or(ii) practicing medicine as the partner, agent, or employee of, or in joint venture with, a licensed health care facility or other licensed health care provider; however: (A) there must be a written agreement that the relationship may not affect the independent judgment of the licensee;(B) the independent judgment of the licensee must, in fact, not be affected by the relationship; and(C) the licensee may not be required to refer any patient to a particular provider or supplier or take any other action that the physician or physician assistant determines not to be in the patient's best interest;(n) for physicians and physician assistants, failure to report to the board any loss of privileges within 30 days; (o) when used, failure to maintain a collaborative practice agreement meeting the requirements of 37-20-203, MCA; or(p) for emergency care providers, violation of facility patient care policy or procedure while providing services in a health care facility.Mont. Admin. r. 24.156.405
NEW, 2022 MAR p. 1664, Eff. 8/6/2022; AMD, 2023 MAR p. 1407, Eff. 10/21/2023; AMD, 2024 MAR p. 273, Eff. 2/10/2024AUTH: 37-1-131, 37-1-319, 37-3-202, 37-6-106, 37-13-201, 37-25-201, 50-6-203, MCA; IMP: 37-1-131, 37-1-316, 37-1-319, 37-3-323, 37-3-401, 37-3-405, 37-6-311, 37-25-201, 50-6-203, MCA