Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.138 - BOARD OF DENTISTRY › Subchapter 24.138.23 - Unprofessional Conduct › Rule 24.138.2303 - UNPROFESSIONAL CONDUCT FOR DENTAL HYGIENISTS

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 dental hygienists as follows:
(a) Continuing to practice dental hygiene
				when the licensee's license has been suspended, revoked, or is not currently
				renewed.
(b) Administering,
				dispensing, or prescribing approved topical agents in violation of board rules.
(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 or sterilization
				and laboratory areas, or operating under unsanitary conditions after a warning
				from the board.
(e) Extracting
				teeth or performing dental treatment upon the written or verbal prescription of
				someone other than a licensed dentist.
(f) 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.
(g) Testifying in court on a contingency
				witness-fee basis.
(h) Failing to
				supervise and monitor the actions of all dental auxiliaries and dental
				hygienists in regard to patient care which are in the direct employ of a
				hygienist.
(i) Violating the
				regulations concerning the administration of anesthesia.
(j) Failure to respond to correspondence from
				the board, or to comply with final orders of the board.
(k) 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.
(l) 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 dental hygiene.
(m) 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.
(n) 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.
(o) Accepting or tendering "rebates" or
				"split fees," which are commissions paid to others for referral of business.
(p) 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.
(q) 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.