This is an obsolete version of the rule. Please click on the rule number to view the current version.


(1) In addition to those forms of unprofessional conduct defined in 37-1-316, MCA, the following are considered unprofessional conduct for a licensee or license applicant under Title 50, chapter 6, part 2, MCA:

(a) conviction, including conviction following a plea of nolo contendere, of an offense involving moral turpitude, whether a misdemeanor or felony, and whether or not an appeal is pending;

(b) conduct likely to deceive, defraud, or harm the public including, but not limited to, practicing while subject to a physical or mental condition which renders the licensee unable to safely engage in activities required of a licensee under this subchapter;

(c) acting in such a manner as to present a danger to public health or safety, or to any patient including, but not limited to, incompetence, negligence, or malpractice;

(d) making a false or misleading statement regarding the licensee's skill in connection with the activities required of a licensee under this subchapter;

(e) use of a false, fraudulent, or deceptive statement, whether written or verbal, in connection with the activities required of a licensee under this subchapter;

(f) having been subject to disciplinary action of another state or jurisdiction against a license or other authorization, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary action under Title 37, chapter 1, MCA, or rules under this subchapter. A report from the NPDB or a certified copy of the record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct;

(g) having voluntarily relinquished or surrendered a professional or occupational license, certificate, or registration in this state, or in another state or jurisdiction;

(h) having withdrawn an application for licensure, certification, or registration, while under investigation or prior to a determination of the completed application in this state, or in another state or jurisdiction;

(i) failure to practice within the scope of practice of the ECP level and endorsements;

(j) failure to practice within adopted statewide and/or local protocols, policies, and procedures established and approved by the board and medical director;

(k) failing to complete the required continuing education requirements established by the board when identified and while licensed as an ECP in Montana;

(l) willful disobedience of the provisions of Title 37, chapter 1, MCA, any rule adopted by the board, or any order of the board regarding enforcement of discipline of a licensee;

(m) habitual intemperance or excessive use of an addictive drug, alcohol, or any other substance to the extent that the use impairs the user physically or mentally; this provision does not apply to a licensee who is in compliance with an approved therapeutic regimen as described in 37-3-203, MCA;

(n) failing to furnish to the board or its designee information requested by the board or a response to an inquiry;

(o) failing to cooperate with a lawful investigation conducted by the board;

(p) failing to comply with any statute or rule under the Board of Medical Examiner's jurisdiction;

(q) filing a complaint with or providing information to the board, which the licensee knows, or ought to know, is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith under 37-1-308, MCA;

(r) failing to report to the board any adverse judgment or award arising from a medical liability claim or other unprofessional conduct;

(s) commission of any act of sexual abuse, misconduct, or exploitation by the licensee whether or not related to the practice;

(t) failing to exercise technical competence in carrying out ECP care;

(u) testifying in a legal proceeding on a contingency fee basis;

(v) falsifying and altering patient records or trip reports, intentionally documenting patient records or trip reports incorrectly, failing to document patient records, or prepare trip reports;

(w) diversion of a medication for any purpose or a violation of state or federal laws governing the administration of medications;

(x) failing as a clinical preceptor or lead instructor, to supervise, manage, or train students practicing under the licensee's supervision, according to:

(i) scope of practice;

(ii) generally accepted standards of patient care;

(iii) board-approved USDOT curriculum including revisions; and

(iv) statewide protocols, policies, and procedures.

(y) willfully harassing, abusing, or intimidating a patient, either physically or verbally;

(z) practicing as an ECP at any level without a current, active Montana license at that level;

(aa) failing to comply with any agreement the licensee has entered into with a program established by the board under 37-3-203, MCA;

(ab) any other act, whether specifically enumerated or not that in fact constitutes unprofessional conduct; and

(ac) failing to report to the board the unprofessional conduct of other licensed ECPs.

History: 50-6-203, MCA; IMP, 37-1-131, 50-6-203, MCA; NEW, 2004 MAR p. 188, Eff. 1/30/04; AMD, 2007 MAR p. 1813, Eff. 11/9/07; AMD, 2013 MAR p. 120, Eff. 2/1/13.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security