Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.182 - BOARD OF PRIVATE SECURITY
Subchapter 24.182.23 - Unprofessional Conduct
Rule 24.182.2301 - UNPROFESSIONAL CONDUCT
Current through Register Vol. 18, September 20, 2024
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:
(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.
AUTH: 37-60-202, MCA; IMP: 37-1-316, 37-60-202, 37-60-401, MCA