Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.118 - BOARD OF ATHLETIC TRAINERS › Subchapter 24.118.23 - Unprofessional Conduct › Rule 24.118.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) The BOC's
				Athletic Trainers Standards of Professional Practice, implemented January 2019,
				are adopted and incorporated by reference. A copy of the BOC Standards of
				Professional Practice may be obtained through the Board of Athletic Trainers,
				301 S. Park Avenue, P.O. Box 200513, Helena, Montana, 59620-0513. Violation of
				BOC practice standards or codes of professional responsibility may be grounds
				for discipline.
(2) In addition to
				37-1-316, MCA, the following is
				unprofessional conduct for a licensee or license applicant under Title 37,
				chapter 36, MCA, and may be grounds for discipline:
(a) having been subject to disciplinary
				action by the BOC;
(b) willfully
				disobeying of a rule adopted by the board, or an order of the board regarding
				evaluation or enforcement of discipline of a licensee;
(c) failing to furnish to the board or its
				investigators or representatives information legally requested by the board;
(d) failing to cooperate with a
				lawful investigation conducted by the board;
(e) failing to report to the board office
				within 30 days of the date of the final judgment, order, or agency action, any
				malpractice, professional misconduct, criminal, or disciplinary action in which
				the licensee is a named party;
(f)
				conspiring to misrepresent or willfully misrepresenting medical conditions
				improperly to increase or decrease a settlement, award, verdict, or judgment;
(g) promoting or involvement in,
				gambling of any kind on the outcome of an athlete's or team's participation in
				an athletic competition or event;
(h) committing any act of sexual abuse,
				sexual misconduct, or sexual exploitation, whether or not related to the
				licensee's practice of athletic training;
(i) administering a controlled substance as
				defined by the U.S. Food and Drug Administration (FDA) or successors; otherwise
				than in the course of legitimate or reputable professional practice;
(j) having been convicted of a federal or
				state law regulating the possession, distribution, or use of a controlled
				substance as defined by the FDA or successors, whether or not an appeal is
				pending;
(k) failing to transfer
				pertinent and necessary medical records to another licensed health care
				professional, the patient, or the patient's representative when requested to do
				so by the patient or the patient's legally designated representative;
(l) failing to transfer pertinent and
				necessary medical 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;
(m) failing to disclose having voluntarily
				relinquished or surrendered a license or privileges, or having withdrawn an
				application for licensure or privileges while under investigation, or prior to
				the granting or denial of an application in this state or in another state or
				jurisdiction; or
(n) failing to
				maintain current BOC certification as required by statute, including adhering
				to and complying with all BOC continuing education requirements, and obtaining
				and carrying the proscribed professional liability insurance as required by BOC
				for certified athletic trainers.