Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.121 - BOARD OF BARBERS AND COSMETOLOGISTS › Subchapter 24.121.23 - Unprofessional Conduct › Rule 24.121.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) For the purpose
				of implementing Title 37, chapter 1, MCA, and in addition to the provisions of
				37-1-316,
				MCA, the board defines unprofessional conduct as follows:
(a) failing of a licensee to comply with any
				statute or rule under the board's jurisdiction;
(b) attempting to procure a license under the
				board's jurisdiction by fraud or deception;
(c) breaching a contract with a client,
				student, salon or shop owner, booth renter, employee, or employer, if
				established as a final judgment in a court of law;
(d) failing to cooperate with an inspection
				or investigation conducted by the department on behalf of the board;
(e) knowingly submitting false records or
				documents to the board or the department;
(f) violating any final order of the
				board;
(g) impersonating a licensee
				or representing oneself as a licensee for which one has no current
				license;
(h) practicing with an
				expired license;
(i) using the
				traditional symbol known as the "barber pole," or any likeness thereof, in any
				manner that may lead the public to believe either that barbering was being
				practiced in, or that a licensed barber was employed by, a salon or shop that
				does not employ barbers;
(j) filing
				a complaint with, or providing information to, the board which the licensee
				knows, or ought to know, is false or misleading (does not apply to any filing
				of complaint or providing information to the board when done in good
				faith);
(k) violating, or
				attempting to violate, directly or indirectly, or assisting or abetting the
				violation of, or conspiring to violate any provision of Title 37, chapter 1 or
				31, MCA, or any rule promulgated thereunder, or any order of the
				board;
(l) being convicted of a
				misdemeanor or any felony involving the use, consumption, or
				self-administration of any dangerous drug, controlled substances, alcoholic
				beverage, or any combination of such substances;
(m) using any dangerous drug or controlled
				substance illegally or alcohol while providing services regulated under this
				chapter;
(n) acting in such a
				manner as to present a danger to public health or safety, or to any client
				including, but not limited to, incompetence, negligence, or
				malpractice;
(o) maintaining an
				unsanitary or unsafe salon, shop, mobile salon or shop, booth, or school, or
				practicing under unsanitary or unsafe conditions;
(p) performing services or using machines and
				devices outside of the licensee's area of training, expertise, competence, or
				scope of practice or licensure, unless such services are not licensed or
				inspected by the state of Montana. This includes, but is not limited to:
(i) use of implements, equipment and
				instruments for performing dermaplaning and dermabrasion procedures including
				but not limited to blades, knives, scalpels, wires, and diamond friezes. This
				does not include single-use lancets used during noninvasive
				procedures;
(ii) "surgery," as
				defined in ARM
				24.156.501
				as surgery constitutes the practice of medicine and is prohibited for all
				individuals licensed under this chapter;
(iii) the use of roller or roll-on waxing
				systems; and
(iv) use of any teeth
				whitening products;
(q)
				failing to render adequate supervision, management, training, or control of
				auxiliary staff or other persons, including licensees or students practicing
				under the licensee's supervision or control, according to generally accepted
				standards of practice;
(r) failure
				of a salon, shop, mobile salon or shop to ensure that all personnel comply with
				the board's statutes and rules, including safety and sanitation rules, except
				when safety violations are committed at a booth by the booth renter;
(s) failing to provide the board with a
				response to a request or inquiry;
(t) damaging, destroying, or attempting to
				destroy property or equipment of a licensee or a member of the public in a
				salon, shop, mobile salon or shop, booth, or school;
(u) intentionally misrepresenting an
				individual's type of licensure;
(v)
				advertising or otherwise implying that the licensee is providing treatment,
				healing, correcting, or diagnosing any medical condition;
(w) aiding or abetting unlicensed practice by
				intentionally or unintentionally encouraging, assisting, or failing to prevent
				the commission of unlicensed practice;
(x) failing to provide verification of
				completed continuing education when requested by the board;
(y) engaging in or teaching the practice of
				barbering, cosmetology, electrology, esthetics, or manicuring when the license
				has expired or terminated, has been suspended or revoked, or is on inactive
				status, except as allowed in ARM
				24.121.805;
(z) failing to timely and fully pay the costs
				of disposal set forth in a notice provided to the licensee pursuant to ARM
				24.121.1517;
(aa) failing to comply with all completion
				and reporting requirements for continuing education as established by the
				board; and
(ab) failing to use
				implements, equipment, instruments, machines, devices, or products according to
				the manufacturer directions, with the exception of using only single-use
				plastic tips on microdermabrasion machines.