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24.156.1625    UNPROFESSIONAL CONDUCT

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

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

(b) violation of any statute or rule under the board's jurisdiction;

(c) failing to cooperate with an investigation or request for information by the board or its designee;

(d) failing to report to the board office within 30 days of the date of a final judgment, order, or agency action, any malpractice, professional misconduct, criminal or disciplinary action in which the physician assistant or the physician assistant's employer, on account of the physician assistant's conduct, is a named party, or any loss of privileges;

(e) commission of an act of sexual abuse, misconduct, or exploitation by the licensee, whether or not occurring in the licensee's practice of medicine;

(f) testifying in a legal proceeding on a contingency basis;

(g) except as provided in this subsection, practicing medicine as the partner, agent, or employee of, or in joint venture with, a person who does not hold a license to practice medicine within this state; however, this does not prohibit:

(i) the incorporation of an individual licensee or group of licensees as a professional service corporation under Title 35, chapter 4, MCA; or

(ii) the organization of a professional limited liability company under Title 35, chapter 8, MCA, for the providing of professional services as defined in Title 35, chapter 8, MCA; or

(iii) practicing medicine as the partner, agent or employee of, or in joint venture with, a hospital, medical assistance facility or other licensed health care provider; however,

(A) the partnership, agency, employment, or joint venture must be evidenced by a written agreement containing language to the effect that the relationship created by the agreement may not affect the exercise of the physician's independent judgment in the practice of medicine; and

(B) the physician's independent judgment in the practice of medicine must in fact be unaffected by the relationship; and

(C) neither the physician nor the physician assistant may be required to refer any patient to a particular provider or supplier or take any other action that the physician or physician assistant determines not to be in the patient's best interest;

(h) failing to transfer pertinent and necessary medical records to another licensed health care provider, the patient, or the patient's representative when requested to do so by the patient or the patient's legally designated representative, in accordance with Title 50, chapter 16, MCA;

(i) promoting the sale of services, goods, appliances, or drugs in such a manner as to exploit the patient for the financial gain of the licensee or a third-party;

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

(k) failing to maintain a record for each patient which accurately reflects the evaluation, diagnosis, and treatment of the patient;

(l) failing to exercise appropriate supervision over persons who provide health care under the supervision of the licensee;

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

(n) 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;

(o) 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;

(p)  providing information to the board, which the licensee knows, or should know, is false or misleading;

(q) falsifying patient records, documenting patient records inaccurately, or failing to appropriately and timely document patient records;

(r) diversion of a medication for any purpose;

(s) violating state or federal laws relative to drugs; 

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

(u) failing to submit to the board a completed supervision agreement prior to commencing physician assistant practice in Montana; and

(v) violating state or federal laws while performing or attempting to perform the practice of medicine.

 

History: 37-1-319, 37-20-202, MCA; IMP, 37-1-316, 37-1-319, 37-3-202, 37-20-403, MCA; NEW, 1995 MAR p. 2480, Eff. 11/23/95; AMD, 1999 MAR p. 277, Eff. 2/12/99; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2006 MAR p. 1958, Eff. 8/11/06; AMD, 2014 MAR p. 2833, Eff. 11/21/14; AMD, 2017 MAR p. 487, Eff. 4/29/17; AMD, 2021 MAR p. 65, Eff. 1/16/21.

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