37-1-316. Unprofessional conduct. (1) The following is unprofessional conduct for a licensee or license applicant governed by this part:

(a) subject to Title 37, chapter 1, part 2, having a conviction, including a conviction following a plea of nolo contendere, of a crime relating to or committed during the practice of the profession or occupation or involving violence, use or sale of drugs, fraud, deceit, or theft, whether or not an appeal is pending;

(b) engaging in conduct listed as a sexual crime as provided in Title 45, chapter 5, part 5, regardless of whether the conduct occurred during or is related to the licensee's profession or occupation;

(c) engaging in conduct in the profession or occupation found to be a violation of the Montana Human Rights Act, Title 49, chapter 2;

(d) permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification;

(e) fraud, misrepresentation, deception, or concealment of a material fact in applying for or assisting in securing a license or license renewal or in taking an examination required for licensure;

(f) signing or issuing, in the licensee's professional capacity, a document or statement that the licensee knows or reasonably ought to know contains a false or misleading statement;

(g) a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation;

(h) offering, giving, or promising anything of value or benefit to a federal, state, or local government employee or official for the purpose of influencing the employee or official to circumvent a federal, state, or local law, rule, or ordinance governing the licensee's profession or occupation;

(i) denial, suspension, revocation, probation, fine, surrender during investigation or in lieu of discipline, or other license restriction or discipline by a court, government agency, or private licensing or credentialing entity if the action is not on appeal, not under judicial review, or has not been satisfied. For the purposes of this section, a revoked license or certificate is not satisfied unless it is reinstated.

(j) failure to comply with a term, condition, or limitation of a license by final order of a board;

(k) revealing confidential information obtained as the result of a professional relationship without the prior consent of the recipient of services, except as authorized or required by law;

(l) use of alcohol, a habit-forming drug, or a controlled substance as defined in Title 50, chapter 32, to the extent that the use impairs the user physically or mentally in the performance of licensed professional duties;

(m) having a physical or mental disability that renders the licensee or license applicant unable to practice the profession or occupation with reasonable skill and safety;

(n) engaging in conduct in the course of one's practice while suffering from a contagious or infectious disease involving serious risk to public health or without taking adequate precautions, including but not limited to informed consent, protective gear, or cessation of practice;

(o) misappropriating property or funds from a client or workplace or failing to comply with a board rule regarding the accounting and distribution of a client's property or funds;

(p) interference with an audit, investigation, inspection, or disciplinary proceeding by failure to respond or cooperate, willful misrepresentation of facts, use of threats or harassment against or inducement to a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action, or by use of threats or harassment against or inducement to a person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed;

(q) assisting in the unlicensed practice of a profession or occupation or allowing another person or organization to practice or offer to practice by use of the licensee's license, or practicing while the licensee's license is in an inactive status;

(r) failing to report the institution of or final action on a malpractice action, including a final decision on appeal, against the licensee or of an action against the licensee by a:

(i) peer review committee;

(ii) professional association; or

(iii) local, state, federal, territorial, provincial, or Indian tribal government;

(s) failure of a health care provider, as defined in 27-6-103, to comply with a policy or practice implementing 28-10-103(3)(a);

(t) conduct that does not meet the generally accepted standards of practice. A certified copy of a malpractice judgment against the licensee or license applicant or of a tort judgment in an action involving an act or omission occurring during the scope and course of the practice is conclusive evidence of but is not needed to prove conduct that does not meet generally accepted standards.

(u) the sole use of any electronic means, including teleconferencing, to obtain the information required for the written certification and accompanying statements used to apply for a registry identification card pursuant to Title 16, chapter 12, part 5; or

(v) violating a federal, state, or local law or rule relating to the conduct of the profession or occupation.

(2) Notwithstanding the provisions of this section or any other provision of this title governing unprofessional conduct of a licensee or a license applicant under this title, it is not unprofessional conduct for a licensee or a license applicant under this title to engage in the exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution.