Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.23 - Unprofessional Conduct › Rule 24.138.2301 - UNPROFESSIONAL CONDUCT FOR DENTISTS

Current through Register Vol. 13, July 5, 2024
(1) For
				the purposes of implementing the provisions of
				37-1-316, MCA, the board further
				defines "unprofessional conduct" for dentists and dental hygienists as follows:
(a) Continuing to practice dentistry when the
				licensee's license has been suspended, revoked or is not currently renewed.
(b) Administering, dispensing or
				prescribing a controlled substance scheduled in Title 50, chapter 32, MCA,
				other than in the course of legitimate or reputable professional
				practice.
(c) Having been convicted
				of violating a federal or state statute or rule regulating the possession,
				distribution or use of a controlled substance scheduled in Title 50, chapter
				32, MCA.
(d) Failure to maintain
				an office(s) in sanitary conditions consistent with current accepted
				sterilization and disinfection protocols for treatment rooms, sterilization and
				laboratory areas, or operating under unsanitary conditions after a warning from
				the board.
(e) Obtaining a fee or
				other compensation, either directly or indirectly by the representation that a
				manifestly incurable disease, injury or condition of a person can be cured.
(f) Testifying in court on a
				contingency witness-fee basis.
(g)
				Failing to supervise and monitor the actions of all dental auxiliaries and
				dental hygienists in regard to patient care.
(h) Violating the regulations concerning the
				administration of anesthesia.
(i)
				Failure to respond to correspondence from the board, or to comply with final
				orders of the board.
(j)
				Representing or recording as an oral prophylaxis, coronal polishing by itself,
				without an appropriately licensed dentist or licensed dental hygienist
				inspecting for and removing any supragingival and subgingival calculus and
				gingival irritants deemed necessary for removal by an appropriately licensed
				dentist or licensed dental hygienist.
(k) Commission of an act of sexual abuse,
				sexual misconduct, or sexual exploitation by the licensee, whether or not
				related to the licensee's practice of dentistry.
(l) Failing to store, transport off the
				premises, and dispose of infectious wastes, as defined in
				75-10-1003, MCA, in accordance
				with the requirements set forth in
				75-10-1005, MCA.
(m) Failing to adhere to any bloodborne
				pathogen regulation as outlined in Occupational Safety and Health
				Administration (OSHA) regulation contained in
				29 CFR
				1910.1030, as amended and published in the
				Federal Register, volume 66, on January 18, 2001 beginning at page 5325, which
				is hereby incorporated by reference.
(n) Failing to seek consultation with those
				licensees or other health care professionals who have special skills,
				knowledge, and experience whenever needed to safeguard the welfare of the
				patient.
(o) Failing to return a
				patient, if a specialist or consulting dentist, unless the patient expressly
				reveals a different preference, to the referring dentists, or if none, to the
				dentists of record for future care.
(p) Accepting or tendering "rebates" or
				"split fees," which are commissions paid to others for referral of business.
(q) Delegating to dental
				hygienists or dental auxiliaries any duties or responsibilities regarding
				patient care that cannot be delegated to dental hygienists or dental
				auxiliaries under
				37-4-401, MCA, and board rules.
(r) Dentists shall be obliged when
				consulted in an emergency by patients not of record to make reasonable
				arrangements for emergency care. If treatment is provided, the dentist, upon
				completion of such treatment, is obliged to return the patient to his or her
				regular dentist unless the patient expressly reveals a different preference.
(s) Employing, supervising, or
				otherwise using more dental hygienists or dental auxiliaries than the dentist
				can reasonably supervise in keeping with the dentist's ethical and professional
				responsibilities.
(t) Failing to
				assure that the radiation source under the dentist's jurisdiction is used only
				by individuals competent to use it.
(u) Failing to safeguard the confidentiality
				of patient records, failing to maintain patient records in a manner consistent
				with the protection of the welfare of the patient, and failure to provide any
				information or records, upon request of the patient, that will be beneficial
				for the future treatment of the patient.
(v) Knowingly suppressing, omitting, or
				concealing any material fact or law without which an advertisement would be
				deceptive or misleading.