(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) In addition, the following is unprofessional conduct: 

(a) failure to cooperate in any investigation of the board or to provide any information requested by the board or its agents;

(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;

(c) abusive billing practices;

(d) testifying in court on a contingency basis;

(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;

(f) regarding patient records, to fail to:

(i) appropriately secure records;

(ii) appropriately document patient care; or

(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;

(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;

(h) sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice;

(i) failure to supervise, appropriately direct, or train individuals under the licensee's supervision according to applicable law, rule, or standards;

(j) failure to comply with an agreement entered into by the licensee with the medical assistance program;

(k) for physician assistants, failure to submit to the board a completed supervision agreement prior to commencing practice in Montana;

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

(i) withdrawing an application for licensure, certification, or registration; or

(ii) voluntarily relinquishing or surrendering of professional or occupational license, certification, or registration;

(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:

(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

(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:

(A) there must be a written agreement that the relationship may not affect the independent judgment of the licensee;

(B) the independent judgment of the licensee must, in fact, not be affected by the relationship; and

(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;

(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.