(1) The board defines unprofessional conduct for naturopathy and midwifery as follows:

(a) Violation of any state or federal statute or administrative rule regulating the practice of naturopathy or midwifery;

(b) Incompetence, negligence, or use of any procedure in the practice of naturopathy or midwifery which creates an unreasonable risk of physical harm or serious financial loss to the patient;

(c) Failing to cooperate with an investigation authorized by the Board of Alternative Health Care by:

(i) not furnishing any papers or documents in the possession of and under the control of the license holder;

(ii) not furnishing in writing a full and complete explanation covering the matter contained in the complaint; or

(iii) not responding to subpoenas issued by the board or the department, whether or not the recipient of the subpoena is the accused in the proceedings.

(d) Practice beyond the scope of practice encompassed by the license;

(e) Failing to maintain appropriate records as specified in statute or in the rules of the board;

(f) Failing to adequately supervise auxiliary staff to the extent that the patient's physical health or safety is at risk;

(g) Practicing naturopathy or midwifery while the license is suspended, revoked, or expired;

(h) Offering, undertaking or agreeing to cure or treat disease or affliction by a secret method, procedure, treatment, or the treating, operating, or prescribing for any health condition by a method, means, or procedure which the licensee refuses to divulge upon demand from the board;

(i) Abandoning, neglecting, or otherwise physically or emotionally abusing a client or patient requiring care;

(j) Intentionally or negligently causing physical or emotional injury or abuse to a client or patient, or sexual contact with a client or patient in a clinical setting;

(k) Operating under unsanitary conditions after a warning from the board or consistently maintaining an unsanitary office;

(l) Failure to file reports required in the board's statutes or rules;

(m) Failure by a midwife to maintain current and valid certifications in adult and infant cardiopulmonary resuscitation and neonatal resuscitation as provided by 37-27-201 , MCA.

History: 37-1-131, 37-1-319, 37-26-201, 37-27-105, MCA; IMP, 37-1-141, 37-1-316, 37-1-319, 37-26-201, 37-27-105, MCA; NEW, 1993 MAR p. 1639, Eff. 7/30/93; AMD, 1996 MAR p. 2576, Eff. 10/4/96; TRANS, from Commerce, 2001 MAR p. 1642; AMD, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2007 MAR p. 263, Eff. 2/23/07.