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Rule: 24.168.2301 Prev     Up     Next    
Rule Title: UNPROFESSIONAL CONDUCT
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF OPTOMETRY
Subchapter: Unprofessional Conduct
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.168.2301    UNPROFESSIONAL CONDUCT

(1) The following constitutes unprofessional conduct by licensees or license applicants:

(a) making a false or misleading statement regarding the licensee's skill or the efficacy or value of the medicine, device, treatment, or remedy prescribed by or used at the licensee's direction in the treatment of any disease or other condition;

(b) negligence in the practice of optometry as determined by the board;

(c) gross incompetence in the practice of optometry as determined by the board;

(d) a pattern of practice or other behavior that demonstrates rendering of substandard care, either individually or as part of a third-party reimbursement agreement or any other agreement;

(e) commission of any act of sexual abuse, misconduct, or exploitation related to the licensee's practice of optometry;

(f) allowing one's professional conduct or judgment in the practice of optometry to be directed, managed, or controlled by a person who is not licensed to practice optometry in Montana;

(g) prescribing, selling, administering, distributing, or giving any drug legally classified as a controlled substance or as an addictive or dangerous drug for other than accepted diagnostic or therapeutic purposes;

(h) prescribing, selling, administering, distributing, or giving a drug legally classified as a controlled substance or as an addictive or dangerous drug to self or a family member;

(i) violating any state or federal law or regulation relating to a drug legally classified as a controlled substance;

(j) obtaining any fee by fraud, deceit, or misrepresentation;

(k) sanctions or disciplinary actions taken by a peer review body, a hospital or other health care institution, or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(l) surrender of a license or authorization to practice optometry in another state or jurisdiction, or surrender of membership on any staff or in any professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(m) any adverse judgment, award, or settlement against the licensee resulting from a professional liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in Title 37, chapters 1 and 10, MCA, and administrative rules promulgated thereunder;

(n) failure to respond to board inquiry or furnish information requested by the board, department investigators, or board representatives;

(o) violation of any provision(s) of Title 37, chapter 10, MCA, or the rules and regulations of the board or of an action, stipulation, or agreement of the board;

(p) the designation of any person licensed under Title 37, chapter 10, MCA, other than by the terms "Optometrist," "Doctor of Optometry," or "O.D.";

(q) for a licensee to knowingly submit or cause to be submitted any misleading, deceptive, or fraudulent representation on a claim form, bill, or statement;

(r) selling or offering to sell any eyeglasses or lenses for the correction of refractive error, except for over-the-counter readers between the powers of +.75 dioptors to +5.50 dioptors, except on prescription of a licensed optometrist or licensed physician;

(s) providing ophthalmic lenses and materials that do not meet federally established impact resistance standards; or

(t) persistently maintaining, in the practice of optometry, unsanitary offices, practices, or techniques.

 

History: 37-1-131, 37-1-319, 37-10-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2015 MAR p. 143, Eff. 2/13/15; AMD, 2018 MAR p. 307, Eff. 2/10/18; AMD, 2020 MAR p. 901, Eff. 5/16/20.


 

 
MAR Notices Effective From Effective To History Notes
24-168-44 5/16/2020 Current History: 37-1-131, 37-1-319, 37-10-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2015 MAR p. 143, Eff. 2/13/15; AMD, 2018 MAR p. 307, Eff. 2/10/18; AMD, 2020 MAR p. 901, Eff. 5/16/20.
24-168-43 2/10/2018 5/16/2020 History: 37-1-131, 37-1-319, 37-10-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2015 MAR p. 143, Eff. 2/13/15; AMD, 2018 MAR p. 307, Eff. 2/10/18.
24-168-41 2/13/2015 2/10/2018 History: 37-1-131, 37-1-319, 37-10-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08; AMD, 2015 MAR p. 143, Eff. 2/13/15.
24-168-38 10/10/2008 2/13/2015 History: 37-1-319, 37-10-202, MCA; IMP, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2008 MAR p. 2181, Eff. 10/10/08.
4/27/2001 10/10/2008 History: 37-1-319, 37-10-202, MCA; IMP, 37-1-316, 37-1-319, 37-10-301, MCA; NEW, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1997 MAR p. 305, Eff. 2/11/97; AMD, 2001 MAR p. 659, Eff. 4/27/01; TRANS, from Commerce, 2003 MAR p. 2083.
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