Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.126 - BOARD OF CHIROPRACTORS
Subchapter 24.126.23 - Unprofessional Conduct
Rule 24.126.2301 - UNPROFESSIONAL CONDUCT

Universal Citation: MT Admin Rules 24.126.2301

Current through Register Vol. 18, September 20, 2024

(1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing the practice of chiropractic.

(2) In addition to the provisions of 37-1-316, MCA, the following is unprofessional conduct:

(a) committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice;

(b) soliciting, engaging, or attempting to engage in any form of sexual relationship or sexual contact with a patient or a former patient, unless the chiropractor-patient relationship is terminated in writing and more than 90 days have passed since the termination;

(c) performing chiropractic services that exceed or do not support the clinical needs of the patient;

(d) failing to make reports and records available to the board upon request, failure to cooperate with a board investigation or knowingly giving false information to the board;

(e) performing an examination, chiropractic manipulation, or adjustment intra-vaginally;

(f) performing a sacrum/coccyx adjustment intrarectally unless the following conditions are met:
(i) a written consent form is signed by the patient for each adjustment. The consent form must clearly offer external adjustment options;

(ii) the adjustment is performed with the use of a disposable finger cot or rubber glove; and

(iii) a chaperone is present when the patient is examined and treated intrarectally.

(g) falsifying, altering, or making incorrect essential entries or failing to make essential entries of patient records;

(h) failing to obtain an appropriate consultation or make an appropriate referral when the problem of the patient is beyond the licensee's training, experience, or competence;

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

(j) failing to keep adequate patient records that are legible and contain at a minimum:
(i) date of service;

(ii) pertinent history;

(iii) relevant symptomology;

(iv) physical findings;

(v) results of diagnostic tests;

(vi) clinical assessment;

(vii) treatment procedures; and

(viii) patient progress.

(3) It is unprofessional conduct for a licensee to engage in the following billing misconduct:

(a) giving or receiving money for referring patients to a company or another professional, also known as "fee splitting";

(b) charging or collecting from a private insurance company or government-funded insurance program the costs of treatment and waiving a patient's deductible or co-payment in the absence of a documented financial hardship;

(c) charging different fees to insurance companies and patients. A discounted fee to a patient must result in billing the same to the third-party payor; and

(d) charging a patient a clearly excessive fee or charging for services not rendered or not fully rendered.

AUTH: 37-1-131, 37-1-319, 37-12-201, MCA; IMP: 37-1-131, 37-1-141, 37-1-316, 37-1-319, 37-12-301, 37-12-322, MCA

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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