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(1) For the purpose of implementing Title 37, chapter 1, MCA, and in addition to the provisions of 37-1-316, MCA, the board defines unprofessional conduct as follows:

(a) failing of a licensee to comply with any statute or rule under the board's jurisdiction;

(b) attempting to procure a license under the board's jurisdiction by fraud or deception;

(c) breaching a contract with a client, student, salon or shop owner, booth renter, employee, or employer, if established as a final judgment in a court of law;

(d) failing to cooperate with an inspection or investigation conducted by the department on behalf of the board;

(e) knowingly submitting false records or documents to the board or the department;

(f) violating any final order of the board;

(g) impersonating a licensee or representing oneself as a licensee for which one has no current license;

(h) practicing with an expired license;

(i) using the traditional symbol known as the "barber pole," or any likeness thereof, in any manner that may lead the public to believe either that barbering was being practiced in, or that a licensed barber was employed by, a salon or shop that does not employ barbers;

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

(k) 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 1 or 31, MCA, or any rule promulgated thereunder, or any order of the board;

(l) being convicted of a misdemeanor or any felony involving the use, consumption, or self-administration of any dangerous drug, controlled substances, alcoholic beverage, or any combination of such substances;

(m) using any dangerous drug or controlled substance illegally or alcohol while providing services regulated under this chapter;

(n) 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;

(o) maintaining an unsanitary or unsafe salon, shop, mobile salon or shop, booth, or school, or practicing under unsanitary or unsafe conditions;

(p) performing services or using machines and devices outside of the licensee's area of training, expertise, competence, or scope of practice or licensure, unless such services are not licensed or inspected by the state of Montana. This includes, but is not limited to:

(i) use of implements, equipment and instruments for performing dermaplaning and dermabrasion procedures including but not limited to blades, knives, scalpels, wires, and diamond friezes.  This does not include single-use lancets used during noninvasive procedures;

(ii) "surgery," as defined in ARM 24.156.501 as surgery constitutes the practice of medicine and is prohibited for all individuals licensed under this chapter;

(iii) the use of roller or roll-on waxing systems; and

(iv)  use of any teeth whitening products;

(q) failing to render adequate supervision, management, training, or control of auxiliary staff or other persons, including licensees or students practicing under the licensee's supervision or control, according to generally accepted standards of practice;

(r) failure of a salon, shop, mobile salon or shop to ensure that all personnel comply with the board's statutes and rules, including safety and sanitation rules, except when safety violations are committed at a booth by the booth renter;

(s) failing to provide the board with a response to a request or inquiry;

(t) damaging, destroying, or attempting to destroy property or equipment of a licensee or a member of the public in a salon, shop, mobile salon or shop, booth, or school;

(u) intentionally misrepresenting an individual's type of licensure;

(v) advertising or otherwise implying that the licensee is providing treatment, healing, correcting, or diagnosing any medical condition;

(w) aiding or abetting unlicensed practice by intentionally or unintentionally encouraging, assisting, or failing to prevent the commission of unlicensed practice;

(x) failing to provide verification of completed continuing education when requested by the board;

(y) engaging in or teaching the practice of barbering, cosmetology, electrology, esthetics, or manicuring when the license has expired or terminated, has been suspended or revoked, or is on inactive status, except as allowed in ARM 24.121.805;

(z) failing to timely and fully pay the costs of disposal set forth in a notice provided to the licensee pursuant to ARM 24.121.1517;

(aa) failing to comply with all completion and reporting requirements for continuing education as established by the board; and

(ab) failing to use implements, equipment, instruments, machines, devices, or products according to the manufacturer directions, with the exception of using only single-use plastic tips on microdermabrasion machines.

(2) Unprofessional conduct is subject to discipline by the board.


History: 37-1-131, 37-1-136, 37-1-319, 37-31-203, MCA; IMP, 37-1-136, 37-1-137, 37-1-316, 37-1-319, 37-31-301, 37-31-331, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2006 MAR p. 1383, Eff. 6/2/06; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2010 MAR p. 2378, Eff. 10/15/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21.

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