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The term "unprofessional conduct" as used in 37-1-316 and 37-1-319 , MCA, is defined to include the following:

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

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

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

(4) Accepting investigations which conflict with previous or current investigations;

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

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

(7) Filing a complaint with, or providing information to the board, which the licensee knows or ought to know is false or misleading. This provision does not apply to any filing of complaint or providing information to the board when done in good faith;

(8) Violating, or attempting to violate, directly or indirectly, or assisting or abetting the violation of, or conspiring to violate any provision of Title 37, chapter 60, MCA, or rule promulgated thereunder, or any order of the board;

(9) Violating any state, federal, provincial or tribal statute or administrative rule governing or affecting the professional conduct of any licensee;

(10) Acting in such a manner as to present a danger to public health or safety, or to any client including, but not limited to, incompetence, negligence or malpractice;

(11) Accepting an assignment adverse in any way to a present client or former client if the assignment is substantially related to the prior professional relationship with the former client;

(12) Failing to render adequate supervision, management, training or control of 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) Delegating a professional responsibility to a person when the licensee knows or has reason to know that the person is not qualified by training, experience, license or certification to perform the delegated task;

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

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

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

History: 37-60-202, MCA; IMP, 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.

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