ARM 24.112.2301. UNPROFESSIONAL CONDUCT

(1) It is unprofessional conduct for a licensee or applicant to: (a) violate any statute, rule, or standard of care governing their scope of practice; (b) fail to report to the department within thirty days from the date of a final judgment, order, or agency action, all information related to malpractice, misconduct, criminal, or disciplinary action in which the licensee or applicant is a party; (c) violate facility care policy or procedure while providing services in a healthcare facility (d) administer, dispense, prescribe, order, or otherwise divert a controlled substance as defined by the federal Food and Drug Administration or its successors, otherwise than in the course of legitimate or reputable professional practice; (e) regarding patient records, fail to: (i) appropriately secure records; (ii) appropriately document patient care; or (iii) transfer 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; (f) fail to cooperate with or respond to a department request or investigation; (g) fail to report an incident of unsafe practice or unethical conduct of another licensee to the licensing authority; (h) perform services or use machines or devices that are outside of the licensee's scope of practice; (i) practice under unsanitary or unsafe conditions; (j) commit any act of sexual abuse, misconduct, or exploitation whether or not it is related to the licensee's practice; (k) while under investigation or during a pending complaint, in Montana or elsewhere, but prior to a determination: (i) withdraw an application for licensure, certification, or registration; or (ii) voluntarily relinquish or surrender a professional or occupational license, certification, registration, or privileges; (l) fail to adequately supervise apprentices.