24.138.2302    UNPROFESSIONAL CONDUCT FOR DENTURISTS

(1) For the purposes of implementing the provisions of 37-1-316, MCA, the board further defines "unprofessional conduct" as follows:

(a) discriminating in services because of race, creed, color, age or national origin;

(b) using advertising matter that contains misstatements, falsehoods, misrepresentation or wording that may in any way reflect against a fellow licensee or other licensed health care provider;

(c) failing to maintain an office(s) in sanitary condition consistent with current accepted sterilization and disinfection protocols for treatment rooms, sterilization and laboratory areas, or operating under unsanitary conditions after a warning from the board;

(d) failing to exercise appropriate supervision over interns who are authorized to practice only under the supervision of a licensed denturist;

(e) incompetence or gross negligence in the practice of denturitry;

(f) failing to adequately maintain complete records of each patient;

(g) having been convicted of violating a federal or state statute dealing with possession, use or distribution of narcotics;

(h) obtaining a fee or other compensation, either directly or indirectly by the representation that a manifestly incurable disease, injury or condition of a person can be cured;

(i) testifying in court on a contingency-witness fee basis;

(j) commission of an act of sexual abuse, sexual misconduct, or sexual exploitation by the licensee, whether or not related to the licensee's practice of denturitry;

(k) failing to respond to correspondence from the board, or failing to comply with final orders of the board;

(l) making and fitting dentures over dental implants in violation of board rules;

(m)  failing to store, transport off the premises, and dispose of infectious wastes, as defined in 75-10-1003, MCA, in accordance with the requirements set forth in 75-10-1005, MCA;

(n)  failing to adhere to any bloodborne pathogen regulation as outlined in Occupational Safety and Health Administration (OSHA) regulation contained in 29 CFR 1910.1030, as amended and published in the Federal Register, volume 66, on January 18, 2001 beginning at page 5325, which is hereby incorporated by reference; and

(o)  accepting or tendering "rebates" or "split fees," which are commissions paid to others for referral of business.

 

History: 37-1-136, 37-1-319, 37-29-201, 75-10-1006, MCA; IMP, 37-1-316, 37-1-319, 37-29-402, 37-29-403, 75-10-1006, MCA; NEW, 1986 MAR p. 1498, Eff. 9/12/86; AMD, 1991 MAR p. 2424, Eff. 12/13/91; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2019 MAR p. 2366, Eff. 12/28/19; AMD, 2020 MAR p. 588, Eff. 3/28/20; AMD, 2021 MAR p. 473, Eff. 5/1/21.