In addition to 37-1-316, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessionalconduct:

(1) Becoming involved in investigations on behalf of a client with intent to break the law or to use the information unlawfully;

(2) Committing any act of sexual abuse, sexual misconduct, or sexual exploitation regardless of whether the act is related to the licensee's practice;

(3)  Violating the Montana Human Rights Act, Title 49, MCA, as determined by the Montana Human Rights Commission;

(4) Performing services outside of the licensee's area of training, expertise, competence or scope of practice or licensure;

(5) Using the professional position of trust for illegal gains;

(6) Accepting investigations which conflict with previous or current investigations if the investigations are substantially related;

(7) Failing to provide a client with an accurate and factual report within a time frame specified by mutual agreement;

(8) Expressly or impliedly representing oneself as a member of law enforcement by conduct, dress, advertisement or other representation;

(9) Filing a complaint with, or providing information to the department, which the licensee reasonably knows or ought to know is false or misleading;

(10) Violating any local, state, federal, provincial, or tribal law or rule governing or affecting the practice of any licensee;

(11) Accepting an assignment from a client that is directly adverse to a present client or former client or if there is a significant risk that the assignment will materially limit the licensee's responsibilities to a present or former client;

(12) Failing to supervise, manage, train, or control auxiliary staff or other persons, including licensees, practicing under the licensee's supervision or control;

(13) Discontinuing professional services unless:

(a) services have been completed,

(b) the client requests the discontinuation,

(c) alternative or replacement services are arranged, or

(d) the client is given reasonable opportunity to arrange alternative or replacement services;

(14) Failing to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority;

(15) Failing to account for funds received in connection with any services rendered or to be rendered;

(16) Failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose;

(17) Failing to show proof of licensure upon request of any member of the public or law enforcement agency; and

(18) Failing to respond to or cooperate with a department request or inquiry.


History: 37-60-202, MCA; IMP, 37-1-316, 37-60-202, 37-60-401, MCA; NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2023 MAR p. 1744, Eff. 12/9/23.