(1) In addition to those forms of unprofessional conduct defined in 37-1-316, MCA, the following are considered unprofessional conduct for an ECP:

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

(b) conduct likely to deceive, defraud, or harm the public;

(c) conduct that presents a danger to public health or safety, or to any patient;

(d) having voluntarily relinquished or surrendered a professional or occupational license, certificate, or registration in this state, or in another state or jurisdiction while under investigation or during a pending complaint;

(e) having withdrawn an application for licensure, certification, or registration, while under investigation or prior to a determination of the completed application in this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

(f) failure to practice within the scope of practice of the ECP licensure level and endorsements, including any restrictions determined by the ECP's medical director;

(g) failure to practice within Montana ECP Practice Guidelines or direction, procedures, or restrictions set by the ECP's medical director;

(h) disobedience of the provisions of Title 37, chapter 1, MCA, any statute or rule under the Board of Medical Examiners' jurisdiction, or any order of the board regarding enforcement of discipline of a licensee;

(i) habitual intemperance or repetitive 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;

(j) failing to cooperate with a lawful investigation conducted by the board or its designee, including furnishing information requested by the board or in response to an inquiry;

(k) filing a complaint with or providing information to the board, which the licensee knows, or should know, is false or misleading;

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

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

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

(o) falsifying or altering patient records, or failing to document patient records;

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

(q) failing as a clinical preceptor or lead instructor, to supervise, manage, or train students practicing under the licensee's supervision, according to state laws and rules applicable to ECPs;

(r) harassing, abusing, or intimidating a patient, either physically or verbally; and

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


History: 50-6-203, MCA; IMP, 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; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2019 MAR p. 431, Eff. 4/27/19.