Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.156 - BOARD OF MEDICAL EXAMINERS
Subchapter 24.156.4 - General Provisions
Rule 24.156.405 - UNPROFESSIONAL CONDUCT

Universal Citation: MT Admin Rules 24.156.405

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 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.

AUTH: 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

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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