1. (1) It is unprofessional conduct for a licensee or applicant to:

   1. (a) violate any statute, rule, or standard of care governing their scope of practice;
   2. (b) fail to report to the department 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;
   3. (c) violate facility care policy or procedure while providing services in a healthcare facility
   4. (d) administer, dispense, prescribe, order, or otherwise divert 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;

   5. (e) regarding patient records, fail to:

      1. (i) appropriately secure records;
      2. (ii) appropriately document patient care; or
      3. (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;
   6. (f) fail to cooperate with or respond to a department request or investigation;
   7. (g) fail to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;
   8. (h) perform services or use machines or devices that are outside of the licensee's scope of practice;
   9. (i) practice under unsanitary or unsafe conditions;
   10. (j) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice;

   11. (k) while under investigation or during a pending complaint, in Montana or elsewhere, but prior to a determination:

       1. (i) withdraw an application for licensure, certification, or registration; or
       2. (ii) voluntarily relinquish or surrender a professional or occupational license, certification, registration, or privileges;
   12. (l) fail to adequately supervise apprentices.

Authorizing statute(s): 50-6-203, MCA

Implementing statute(s): 50-6-203, MCA

History: NEW, 2026 MAR, Notice No. 2025-149, Eff. 1/10/26.