1. (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. (2) In addition, the following is unprofessional conduct:

   1. (a) failure to cooperate in any investigation of the board or to provide any information requested by the board or its agents;
   2. (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;
   3. (c) abusive billing practices;
   4. (d) testifying in court on a contingency basis;
   5. (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;

   6. (f) regarding patient records, to 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;
   7. (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;
   8. (h) sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice;
   9. (i) failure to supervise, appropriately direct, or train individuals under the licensee's supervision according to applicable law, rule, or standards;
   10. (j) failure to comply with an agreement entered into by the licensee with the medical assistance program;
   11. (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;

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

       1. (i) withdrawing an application for licensure, certification, or registration; or
       2. (ii) voluntarily relinquishing or surrendering of professional or occupational license, certification, registration, or privileges;

   13. (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:

       1. (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

       2. (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:

          1. (A) there must be a written agreement that the relationship may not affect the independent judgment of the licensee;
          2. (B) the independent judgment of the licensee must, in fact, not be affected by the relationship; and
          3. (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;
   14. (n) for physicians and physician assistants, involuntary loss of or failure to report to the board any involuntary loss of privileges, which exceeds 30 days, within 30 days;
   15. (o) when used, failure to maintain a collaborative practice agreement meeting the requirements of 37-20-203, MCA;
   16. (p) if currently enrolled in a residency program, failure to report to the board any loss of good standing imposed by a residency program.

Authorizing statute(s): 37-1-131, 37-1-319, 37-3-202, 37-6-106, 37-13-201, 37-25-201, MCA

Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, 37-3-305, 37-3-323, 37-3-401, 37-3-405, 37-6-311, 37-25-201, MCA

History: NEW, 2022 MAR p. 1664, Eff. 8/6/22; AMD, 2024 MAR p. 273, Eff. 2/10/24; AMD, 2026 MAR, Notice No. 2025-446, Eff. 2/7/26; AMD, 2026 MAR, Notice No. 2026-269, Eff. 5/9/26.