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

Current through Register Vol. 13, July 5, 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.