Rule 24.182.2301 - UNPROFESSIONAL CONDUCT In addition to 37-1-316, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessional conduct:
(1) Becoming involved in investigations on behalf of a client with intent to break the law or to use the information unlawfully;(2) Committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice;(3) Violating the Montana Human Rights Act, Title 49, MCA, as determined by the Montana Human Rights Commission;(4) Performing services outside of the licensee's area of training, expertise, competence or scope of practice or licensure;(5) Using the professional position of trust for illegal gains;(6) Accepting investigations which conflict with previous or current investigations if the investigations are substantially related;(7) Failing to provide a client with an accurate and factual report within a time frame specified by mutual agreement;(8) Expressly or impliedly representing oneself as a member of law enforcement by conduct, dress, advertisement or other representation;(9) Filing a complaint with, or providing information to the department, which the licensee reasonably knows or ought to know is false or misleading;(10) Violating any local, state, federal, provincial, or tribal law or rule governing or affecting the practice of any licensee;(11) Accepting an assignment from a client that is directly adverse to a present client or former client or if there is a significant risk that the assignment will materially limit the licensee's responsibilities to a present or former client;(12) Failing to supervise, manage, train, or control auxiliary staff or other persons, including licensees, practicing under the licensee's supervision or control;(13) Discontinuing professional services unless: (a) services have been completed,(b) the client requests the discontinuation,(c) alternative or replacement services are arranged, or(d) the client is given reasonable opportunity to arrange alternative or replacement services;(14) Failing to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;(15) Failing to account for funds received in connection with any services rendered or to be rendered;(16) Failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose;(17) Failing to show proof of licensure upon request of any member of the public or law enforcement agency; and(18) Failing to respond to or cooperate with a department request or inquiry.Mont. Admin. r. 24.182.2301
NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2023 MAR p. 1744, Eff. 12/9/2023AUTH: 37-60-202, MCA; IMP: 37-1-316, 37-60-202, 37-60-401, MCA