(1) The board may, with respect to the practice of nonsurgical embryo transfer, either refuse to grant a certificate of registration or suspend or revoke a certificate of registration on the grounds and procedures set forth in 37-1-312, MCA.

(2) For the purpose of implementing the provisions of 37-18-104, MCA, the board defines "unprofessional conduct" subject to the disciplinary powers of the board for embryo transfer technicians as follows:

(a) violation of any state or federal statute or administrative rule regulating the practice of embryo transfer;

(b) resorting to fraud, misrepresentation, or deception in the examination or treatment of an animal, or in billing or reporting to a person, company, institution, or agency;

(c) incompetence, negligence, or use of any practice or procedure in the practice of embryo transfer which creates an unreasonable risk of physical harm or serious financial loss to the client;

(d) suspension, revocation, or restriction of the individual's certificate to practice embryo transfer by competent authority in any state, federal, or foreign jurisdiction for reasons that would be grounds for disciplinary sanction in this jurisdiction, a certified copy of the order or agreement being conclusive evidence of the revocation, suspension, or restriction;

(e) failing to cooperate with an investigation authorized by the Board of Veterinary Medicine by:

(i) not furnishing any papers or documents in the possession of and under the control of the certificate 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.

(f) practice beyond the scope of practice encompassed by the certificate;

(g) failing to maintain appropriate records as specified in the rules of the board;

(h) failing to adequately supervise auxiliary staff to the extent that the donor or recipient's physical health or safety is at risk;

(i) performing embryo transfer while the embryo transfer technician's certificate is expired, terminated, suspended, or revoked;

(j) willful or repeated violations of rules established by any health agency or authority of the state or a political subdivision thereof; or

(k) cruel or inhumane treatment of animals.

History: 37-1-319, 37-18-202, MCA; IMP, 37-1-141, 37-1-316, 37-18-104, MCA; NEW, 1991 MAR p. 2030, Eff. 11/1/91; AMD, 1996 MAR p. 2579, Eff. 10/4/96; TRANS, from Commerce, 2005 MAR p. 323; AMD, 2006 MAR p. 1583, Eff. 7/1/06: AMD, 2008 MAR p. 633, Eff. 4/11/08.