1. (1) For the purpose of implementing the provisions of 37-1-307, MCA, and in addition to the provisions of 37-1-316, MCA, the board defines "unprofessional conduct" as follows:

   1. (a) failure to report to the board facts known to the licensed individual regarding the unlicensed or otherwise illegal practice of clinical laboratory science in the state of Montana;
   2. (b) practice beyond the scope of practice encompassed by the license;
   3. (c) failure by a licensed supervisor of a clinical laboratory technician to be accessible at all times that testing is being performed by the technician in order to provide on-site, telephonic or electronic consultation;
   4. (d) assault or abuse of a patient;
   5. (e) inaccurately recording, falsifying, or otherwise altering any laboratory test;
   6. (f) failure to provide proof of current licensure upon inspection of clinical laboratory science licenses by the board or its designated or contracted representative;
   7. (g) failure to comply with other state or federal statutes or rules regulating the practice of clinical laboratory science;
   8. (h) failure to adequately supervise or evaluate a clinical laboratory technician in accordance with Title 37, chapter 34, MCA, or board administrative rules; or
   9. (i) performing functions not related to a clinical laboratory specialist's particular specialty.

Authorizing statute(s): 37-1-131, 37-1-319, MCA

Implementing statute(s): 37-1-307, 37-1-316, 37-1-319, MCA

History: NEW, 1993 MAR p. 2766, Eff. 11/25/93; AMD, 1996 MAR p. 1296, Eff. 5/10/96; TRANS, from Commerce, 2002 MAR p. 1485; AMD, 2008 MAR p. 629, Eff. 4/11/08; AMD, 2017 MAR p. 299, Eff. 3/11/17.