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(1) In addition to the provisions of 37-1-316, MCA, the board defines "unprofessional conduct" as follows:

(a) treating individual disorders by correspondence;

(b) discriminating against a client on the basis of race, religion, sex, or age;

(c) improper use of evaluation or treatment modalities resulting in physical injury to the client;

(d) 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 24, MCA, or rule promulgated thereunder;

(e) violating any state, federal, provincial, or tribal statute or administrative rule governing the profession of any licensee;

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

(g) maintaining a relationship with a client that is likely to impair the licensee's professional judgment or increase the risk of client exploitation;

(h) exercising influence on or control over a client, including the promotion or the sale of services, goods, property, or drugs for the financial gain of the licensee or a third party;

(i) charging a fee that is clearly excessive in relation to the service or product for which it is charged;

(j) failing to render adequate supervision, management, training, or control of auxiliary staff or supervisees;

(k) discontinuing professional services unless services have been completed, the client requests the discontinuation, alternative or replacement services are arranged, or the client is given reasonable opportunity to arrange alternative or replacement services;

(l) delegating a professional responsibility to a person the licensee knows, or has reason to know, is not qualified to perform the delegated task;

(m) failing to report an incident of unsafe practice or unethical conduct of another licensee to the board;

(n) failing to obtain informed consent from client or client's representative prior to providing any therapeutic intervention or treatment;

(o) guaranteeing that a cure will result from the performance of occupational therapy services;

(p) failing to provide to a client, client's representative, or an authorized health care practitioner, upon request, the medical record or a copy of the client's medical record. Prior payment for professional services to which the records relate, other than photocopy charges, may not be required as a condition of making the records available;

(q) sexual, verbal, or mental abuse of a client;

(r) failing to safeguard the client's dignity or right to privacy;

(s) engaging in sexual contact, sexual intrusion, or sexual penetration, as defined in Title 45, chapter 2, MCA, with a client when a professional relationship exists, or up to six months after the relationship has terminated;

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

(u) failing to respond to board or department inquiry, audit, or request for information. 


History: 37-1-131, 37-1-136, 37-1-319, 37-24-202, MCA; IMP, 37-1-136, 37-1-307, 37-1-308, 37-1-309, 37-1-311, 37-1-312, 37-1-316, 37-24-202, MCA; NEW, 1986 MAR p. 943, Eff. 5/30/86; AMD, 1989 MAR p. 1191, Eff. 8/18/89; AMD, 1994 MAR p. 25, Eff. 1/14/94; AMD, 1996 MAR p. 2379, Eff. 9/6/96; AMD, 1998 MAR p. 2266, Eff. 8/28/98; TRANS, from Commerce, 2004 MAR p. 2280; AMD, 2007 MAR p. 1450, Eff. 9/21/07; AMD, 2019 MAR p. 140, Eff. 1/26/19; AMD, 2019 MAR p. 1743, Eff. 10/5/19.

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