24.118.2301    UNPROFESSIONAL CONDUCT

(1) The BOC's Athletic Trainers Standards of Professional Practice, implemented January 2019, are adopted and incorporated by reference. A copy of the BOC Standards of Professional Practice may be obtained through the Board of Athletic Trainers, 301 S. Park Avenue, P.O. Box 200513, Helena, Montana, 59620-0513. Violation of BOC practice standards or codes of professional responsibility may be grounds for discipline.

(2) In addition to 37-1-316, MCA, the following is unprofessional conduct for a licensee or license applicant under Title 37, chapter 36, MCA, and may be grounds for discipline:

(a) having been subject to disciplinary action by the BOC;

(b) willfully disobeying of a rule adopted by the board, or an order of the board regarding evaluation or enforcement of discipline of a licensee;

(c) failing to furnish to the board or its investigators or representatives information legally requested by the board;

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

(e) failing to report to the board office within 30 days of the date of the final judgment, order, or agency action, any malpractice, professional misconduct, criminal, or disciplinary action in which the licensee is a named party; 

(f) conspiring to misrepresent or willfully misrepresenting medical conditions improperly to increase or decrease a settlement, award, verdict, or judgment;

(g) promoting or involvement in, gambling of any kind on the outcome of an athlete's or team's participation in an athletic competition or event;

(h) committing any act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not related to the licensee's practice of athletic training;

(i) administering a controlled substance as defined by the U.S. Food and Drug Administration (FDA) or successors; otherwise than in the course of legitimate or reputable professional practice;

(j) having been convicted of a federal or state law regulating the possession, distribution, or use of a controlled substance as defined by the FDA or successors, whether or not an appeal is pending;

(k) failing to transfer pertinent and necessary medical records to another licensed health care professional, the patient, or the patient's representative when requested to do so by the patient or the patient's legally designated representative;

(l) failing to appropriately supervise any student assistant or athletic training student practicing under the licensee's supervision, according to scope of practice and generally accepted standards of practice;

(m) failing to disclose having voluntarily relinquished or surrendered a license or privileges, or having withdrawn an application for licensure or privileges while under investigation, or prior to the granting or denial of an application in this state or in another state or jurisdiction; or

(n) failing to maintain current BOC certification as required by statute, including adhering to and complying with all BOC continuing education requirements, and obtaining and carrying the proscribed professional liability insurance as required by BOC for certified athletic trainers. 

 

History: 37-1-319, 37-36-102, MCA; IMP, 37-1-316, 37-1-319, 37-36-202, MCA; NEW, 2011 MAR p. 576, Eff. 4/15/11; AMD, 2019 MAR p. 427, Eff. 4/27/19; AMD, 2021 MAR p. 564, Eff. 5/15/21.