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24.155.901    UNPROFESSIONAL CONDUCT

(1) The following conduct is unprofessional conduct justifying disciplinary action against a licensee:

(a) incompetence, negligence, or use of any modality procedure in the practice of a profession which results in an unreasonable risk of physical injury to the client;

(b) accepting and performing massage therapy responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;

(c) engaging in or soliciting sexual contact or sexual intercourse, as those terms are defined in 45-2-101, MCA, with a client, when such act or solicitation is related to the practice of massage therapy;

(d) failing to adequately supervise auxiliary staff or massage therapy students to the extent that the consumer's health or safety is at risk;

(e) failing to comply with continuing education requirements set forth in ARM Title 24, chapter 155, or failing to supply continuing education documentation as requested by the board in accordance with applicable statutes and rules, or supplying misleading, incomplete, or false information relative to continuing education;

(f) failing to cooperate with an investigation that is the result of a complaint; or

(g) violation of any of the provisions of statute or rule applicable to the practice of massage therapy.

(2) Upon a finding of unprofessional conduct as defined in (1), and determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including but not limited to those allowed pursuant to 37-1-136 and 37-1-312, MCA. Any additional cost or expense incurred by a licensee as a result of a sanction is the burden of the licensee. As additional forms of sanction, and without limiting the availability of any other sanction, the board may:

(a) require supervision, inspections, reports, additional continuing education or other training;

(b) limit the licensee's scope of practice in any reasonable manner considering the circumstances; and

(c) impose any other condition of licensure, probation, reinstatement, or relicensure the board deems necessary or appropriate to protect the health, safety, or welfare of the public or to rehabilitate the licensee.

History: 37-1-131, 37-1-136, 37-1-319, 37-33-405, MCA; IMP, 37-1-136, 37-1-319, MCA; NEW, 2010 MAR p. 2382, Eff. 10/15/10.

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