Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.165 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Subchapter 24.165.23 - Unprofessional Conduct › Rule 24.165.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the provisions of
				37-1-316,
				MCA, the board defines "unprofessional conduct" as follows:
(a) treating individual disorders by
				correspondence;
(b) discriminating
				against a client on the basis of race, religion, sex, or age;
(c) improper use of evaluation or treatment
				modalities resulting in physical injury to the client;
(d) 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 24, MCA, or rule
				promulgated thereunder;
(e)
				violating any state, federal, provincial, or tribal statute or administrative
				rule governing the profession of any licensee;
(f) performing services outside of the
				licensee's area of training, expertise, competence, or scope of practice or
				licensure;
(g) maintaining a
				relationship with a client that is likely to impair the licensee's professional
				judgment or increase the risk of client exploitation;
(h) exercising influence on or control over a
				client, including the promotion or the sale of services, goods, property, or
				drugs for the financial gain of the licensee or a third party;
(i) charging a fee that is clearly excessive
				in relation to the service or product for which it is charged;
(j) failing to render adequate supervision,
				management, training, or control of auxiliary staff or supervisees ;
(k) discontinuing professional services
				unless services have been completed, the client requests the discontinuation,
				alternative or replacement services are arranged, or the client is given
				reasonable opportunity to arrange alternative or replacement
				services;
(l) delegating a
				professional responsibility to a person the licensee knows, or has reason to
				know, is not qualified to perform the delegated task;
(m) failing to report an incident of unsafe
				practice or unethical conduct of another licensee to the board;
(n) failing to obtain informed consent from
				client or client's representative prior to providing any therapeutic
				intervention or treatment;
(o)
				guaranteeing that a cure will result from the performance of occupational
				therapy services;
(p) failing to
				provide to a client, client's representative, or an authorized health care
				practitioner, upon request, the medical record or a copy of the client's
				medical record . Prior payment for professional services to which the records
				relate, other than photocopy charges, may not be required as a condition of
				making the records available;
(q)
				sexual, verbal, or mental abuse of a client;
(r) failing to safeguard the client's dignity
				or right to privacy;
(s) engaging
				in sexual contact, sexual intrusion, or sexual penetration, as defined in Title
				45, chapter 2, MCA, with a client when a professional relationship exists, or
				up to six months after the relationship has terminated;
(t) failing to account for funds received in
				connection with any services rendered or to be rendered; and
(u) failing to respond to board or department
				inquiry, audit, or request for information.