(1) The Board of Behavioral Health adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(1) The Board of Behavioral Health adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) The Board of Behavioral Health adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) "Behavioral health disorder" means a wide range of mental health conditions or disorders that affect mood, thinking, and behavior that impair the individual's ability to build or maintain satisfactory interpersonal relationships and to manage daily functioning.

(2) "Candidate" means an individual as defined in 37-39-307, MCA.

(3) "CBHPSS" means a certified behavioral health peer support specialist.

(4) "Client" means a recipient of services performed by licensees in this chapter.

(5) "Clinical setting" for purposes of LCPC experience requirements means any public and/or private agency whose primary functions are to provide services as defined in 37-39-102(11), MCA.

(6) "Contact hour" means academic coursework, approved workshop training, or an approved home study course that is completed hour-for-hour.

(7) "Co-occurring disorder" means the existence of any addiction-related disorder and any other physical and or mental health disorder.

(8) "Direct client contact" means physical presence, telephonic presence, or interactive video link presence of the client, client family member, or client representative.

(9) "Direct observation of service delivery" means participation in the service delivery, observation through a two-way mirror, observation of a video or audiotape of the service delivery, or observation through an interactive video link of the service delivery.

(10) "Dual relationship" means a situation in which a licensee is in a professional role with a person and:

(a) at the same time is in another role with the same person;

(b) at the same time is in a relationship with a person closely associated with or related to the person with whom the licensee has the professional relationship; or

(c) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.

(11) "Exploit" means to manipulate or attempt to manipulate or use a professional relationship with a client, former client, student, employee, supervisor, supervisee, or research participant for:

(a) the licensee's emotional, financial, romantic, sexual, or personal advantage; or

(b) the advancement of the licensee's personal, religious, political, or business interests.

(12) "Face-to-face" means supervision of a candidate by the supervisor which is either:

(a) in-person; or

(b) electronically. The transmission must:

(i) be two-way;

(ii) be interactive;

(iii) be real-time;

(iv) be simultaneous; and

(v) provide for both audio and visual interaction.

(13) "Independent practice" means the practice of social work by an LCSW who assumes responsibility and accountability for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement.

(14) "LAC" means licensed addiction counselor licensed under Title 37, chapter 39, MCA.

(15) "LBSW" means licensed baccalaureate social worker licensed under Title 37, chapter 39, MCA.

(16) "LCPC" means licensed clinical professional counselor licensed under Title 37, chapter 39, MCA.

(17) "LCSW" means licensed clinical social worker licensed under Title 37, chapter 39, MCA.

(18) "LMFT" means licensed marriage and family therapist licensed under Title 37, chapter 39, MCA.

(19) "LMSW" means licensed master's social worker licensed under Title 37, chapter 39, MCA.

(20) "Psychosocial methods" means those professional techniques which are identified as clinical in nature and:

(a) enhance the problem solving and coping capacity of people;

(b) link people with systems that provide them with resources, services, and opportunities;

(c) promote effective and humane operation of these systems; and

(d) contribute to the development and improvement of social policy.

(21) "Psychotherapy and counseling" means the therapeutic process of:

(a) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives; or

(b) planning, implementing, and evaluating treatment plans that use treatment interventions to facilitate human development and to identify and remediate mental, emotional or behavioral disorders and associated distresses that interfere with mental health.

(22) "Recovery" from a behavioral health disorder in subchapter 9 of these rules means a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. Applicants must attest that recovery does not include any period of incarceration, or hospitalization or any inpatient admission related to a behavioral health disorder that exceeds 72 hours, within the two years immediately preceding application. Applicants with a diagnosed chemical dependency must be two years into sustained remission as defined in the Diagnostic and Statistical Manual of Mental Disorders, meaning the applicant has not had any symptoms except a strong desire or urge to drink alcohol.

(23) "Sexual contact" includes but is not limited to electronic exploitation, sexual intercourse, either genital or anal, cunnilingus, fellatio, or the handling of the breasts, genital areas, buttocks, or thighs, whether clothed or unclothed either by the licensee or the client.

(24) "Sexual harassment" includes deliberate or repeated comments, gestures, or physical contact of a sexual nature that are unwelcome by the recipient.

(25) "Significant monetary value" means more than a de minimis value exceeding $25.

(26) "Supervised work experience" means the requirements where a candidate gains minimal competencies in the areas of an identified theory base, application of a differential diagnosis, establishing and monitoring a treatment plan, development and appropriate use of the professional relationship, assessing the client for risk of imminent danger, and implementing a professional and ethical relationship with clients and colleagues.

(27) "Supervisor" means a person who meets the criteria set forth in ARM 24.219.421.  

(1) Application fee

(a) LCSW, LMSW, LBSW, LCPC, LMFT                          $200

(b) LAC                                                                               250

(c) CBHPSS                                                                       125

(d) LCSW, LMSW, LBSW, LCPC, LMFT candidates         200

(e) LAC candidate                                                              250

(2) Renewal fee for active status

(a) LCSW, LMSW, LBSW, LCPC, LMFT                           149

(b) LAC                                                                              128

(c) CBHPSS                                                                        93

(3) Renewal fee for inactive status

(a) LCSW, LMSW, LBSW, LCPC, LMFT                            75

(b) LAC                                                                               64

(c) CBHPSS                                                                       47

(4) Candidate annual registration fee (LCSW, LMSW, LBSW, LCPC, LMFT, and LAC candidates)                                                                        85

(5) Additional standardized fees are specified in ARM 24.101.403.

(1) Each application for licensure from the board must include:  

(a) a completed application form;  

(b) the initial license fee;

(c) verification of applicable educational, examination, and experience requirements; and

(d) a Federal Bureau of Investigation fingerprint background check within six months of the application date.

(2) An applicant licensed in any other jurisdiction at any time shall cause the other jurisdictions to submit a current verification of licensure directly to the board.

(3) An applicant may voluntarily withdraw their application by written request if the application has not appeared on a board agenda. Application fees are not refundable.

(4) LCSW, LMSW, LCPC, or LMFT applicants holding a current, active license in good standing in another state or jurisdiction with an education requirement that is not substantially equivalent to Montana's requirement must have a master's degree in the profession the applicant is applying to from an accredited institution with a minimum of 48 semester or 72 quarter credits and have completed five years of post-degree experience in the profession, in addition to the supervised work experience.

(5) Degree programs in the candidate stage of accreditation are accredited for purposes of a qualifying degree.

(6) LBSW and LMSW who qualify for licensure pursuant to 37-39-308, MCA must provide evidence of social work experience:

(a) attested to by a licensed social worker or a direct supervisor from a former or current employer who is familiar with the applicant's work experience; and

(b) within the period between January 1, 2018 and January 1, 2023.

(1) The following examinations are approved for licensure. 

(a) LCSW: Association of Social Work Boards (ASWB) clinical examination;

(b) LMSW: ASWB master's examination;

(c) LBSW: ASWB bachelor's examination;

(d) LCPC:

(i) National Board for Certified Counselors (NBCC) National Counselor examination (NCE); or

(ii) NBCC National Clinical Mental Health Counseling examination (NCMHCE);

(e) LMFT: the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination in marriage and family therapy;

(f) LAC:

(i) Level 1 or Level 2 National Certification Commission for Addiction Professionals (NCC AP);

(ii) Northwest Certification II or III;

(iii) Southwest Certification II; or

(iv) International Certification and Reciprocity Consortium (IC&RC) Alcohol and Drug Counselor (ADC) examination or Advanced Alcohol and Drug Counselor (AADC) examination.

(2) Individuals who have not already passed an approved examination can be approved by department staff to register for one of the approved examinations:

(a) upon submission of a complete application; or

(b) once a candidate license is issued and the licensee requests to be approved to take the exam.

(3) Applicants or candidates may not take an examination more than three times unless approved to retake the examination. Applicants or candidates requesting to retake the examination must submit a request including but not limited to a specific study plan.

This rule has been repealed.

This rule has been repealed.

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. 

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

This rule has been repealed.

(1) Licensure candidates and CBHPSS must be supervised per the requirements of this rule and ARM 24.219.504, 24.219.604, 24.219.704, and 24.219.5008.

(2) Except as provided below, all supervisors must:

(a) have an active license in good standing in the jurisdiction in which the supervision is occurring; and

(b) meet one of the below criteria:

(i) have been licensed in their respective disciplines for at least three years, excluding any period of licensure as a candidate; or

(ii) have taken board-approved training consisting of a minimum of one semester credit graduate education focused on supervision or 20 hours of board-approved training in supervision.

(3) LCSW, LCPC, and LMFT candidates must be supervised by an LCSW, LCPC, LMFT, licensed psychologist, or licensed and board-certified psychiatrist.

(4) LMSW candidate supervisors must be licensed as an LCSW or LMSW.

(5) LBSW candidate supervisors must have an active license in good standing in the jurisdiction in which the supervision is occurring as an LCSW, LMSW, or LBSW. If the supervisor is an LBSW the supervisor must have been licensed for at least three years as an LBSW. An LBSW may not take supervision courses to qualify to supervise LBSW candidates.

(6) LAC candidate supervisors must be:

(a) licensed as an LAC and have an active license in good standing in the jurisdiction in which the supervision is occurring with a minimum of three years post-licensure experience in a qualified treatment setting as defined in ARM 24.219.5010; or

(b) trained in a related field. If trained in a related field:

(i) the supervisor must have taken board-approved training consisting of a minimum of one semester credit graduate education focused on supervision or 20 hours of board-approved training in supervision; and

(ii) the supervisor must have training equivalent to that described in ARM 24.219.5006(2)(b).

(7) CBHPSS supervisors must have an active license in good standing in the jurisdiction in which the supervision is occurring as a mental health professional as defined by 37-39-102, MCA.

(8) A supervisor shall not:

(a) be the candidate or CBHPSS's parent, child, spouse, or sibling; or

(b) have a conflict of interest such as, but limited to, being in a cohabitation or financially dependent relationship.

(1) A supervisor must meet the requirements of ARM 24.219.421.

(2) Candidates must maintain the following records for a minimum of seven years from the date of licensure or seven years from the expiration of their candidate license if they do not obtain a Montana license:

(a) names and license numbers of candidate and supervisor;

(b) date and length of supervision sessions in increments not less than 15 minutes with a description of the supervised work experience as required under ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008;

(c) content summary of the supervision session (excluding confidential information);

(d) content demonstrating the candidate's developing competence under ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008; and

(e) supervisor attestation within the record that the records are accurate.

(3) CBHPSS must maintain the following records seven years from the date a supervisor ceased to supervise the CBHPSS:

(a) names and license numbers of candidate and supervisor;

(b) date and length of supervision sessions in increments of not less than 15 minutes with a description of supervision;

(c) content summary of the supervision session (excluding confidential information); and

(d) supervisor attestation within the record that the records are accurate.

(4) Candidates, CBHPSS, and supervisors must comply with applicable client privacy laws.

(5) Supervisors must:

(a) review and sign all reports and/or assessment interpretations and results sent to other public or private agencies that affect the current status of a client;

(b) preapprove on a continual and ongoing basis all therapeutic interventions or supportive interventions and the assessment results and interpretations used in the planning and/or implementation of those therapeutic interventions; and

(c) maintain records showing licensees have met the supervision requirements in this rule for a minimum of seven years after the date the supervisor ceased to supervise the candidate or CBHPSS.

(6) The supervisor may be subject to disciplinary action for failure to adequately supervise the candidate or CBHPSS under this board's statutes and rules.

(7) The department may request records from candidates and CBHPSS at any time.

(8) The department may annually randomly audit a board-determined percentage of candidates and CBHPSS who have renewed their licenses to evaluate:

(a) whether records are being maintained in compliance with this rule; and

(b) that the supervision requirements of this rule and ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008 are being met.

(9)  A candidate or CBHPSS cannot practice without a supervisor as described in this chapter.

(10) When there is a change in supervisor, the following individuals must notify the board no later than 20 business days following the change using forms provided by the department:

(a) the candidate or CBHPSS;

(b) the new supervisor; and/or

(c) the individual ceasing to supervise a candidate.

(11) The supervisor, candidate, or CBHPSS may be subject to disciplinary action for failure to report a change in supervisor. 

(12)  A candidate must provide an update to the department within 20 business days if there is a substantial change in the candidate's training and supervision plan.  An updated training and supervision plan or a change in supervisor does not require additional approval unless there is reason to believe the update does not conform to the board's training and supervision requirements.

(13) The candidate or CBHPSS and supervisors are responsible for ensuring compliance with the statutes, rules, and standards pertaining to the practice at all times.

This rule has been repealed.

(1) Active status licensees may convert to inactive status on the renewal form or by informing the department. Inactive licensees must inform the department of any change of address while on inactive status and must pay the inactive renewal fee annually to avoid license expiration or termination.

(2) Inactive licensees or certificate holders may not practice.

(3) Inactive status licensees or certificate holders may convert to active status upon request and payment of the required fee.

(4) In order to convert to active status, licensees and certificate holders:

(a) may not have been out of active practice for more than five years; and

(b) must have completed ten hours of continuing education (CE) per each year of inactive status. The CE must have been completed within the twenty-four months prior to converting to active status.

(1) LCSW, LCPC, and LMFT candidates shall:

(a) register annually; and

(b) only be allowed to register annually five times unless approved to register more than five times. Candidates requesting an additional registration must submit a request including but not limited to an explanation as to why an additional registration is needed to complete the requisite supervised work experience.

(2) LMSW, LBSW, and LAC candidates shall:

(a) register annually; and

(b) only be allowed to register annually three times unless approved to register more than three times. Candidates requesting an additional registration must submit a request including but not limited to an explanation as to why an additional registration is needed to complete the requisite supervised work experience.  

(3) Registration procedures under this rule follow the renewal procedures described in ARM 24.101.413.

(1) Licensees are required to obtain 20 hours of continuing education (CE) annually, prior to renewal.

(2) Licensees completing more than 20 hours of CE may carry forward those hours into the next year. The number of hours carried forward shall not exceed 20 hours.

(3) Licensees holding more than one type of license must demonstrate completion of 20 hours of CE with each license.

(4) Of the 20 hours:

(a) a minimum of two hours must relate to suicide prevention for a licensee's first renewal and every two years thereafter; and

(b) a maximum ten hours may be for:

(i) first-time preparation of a new course, in-service training workshop, or seminar which meets the criteria in (6); or

(ii) preparation time by the author or authors of a paper which meets the criteria in (6) that is published for the first time in a recognized professional journal, or given for the first time at a statewide or national professional meeting.

(5) Continuing education requirements will not apply until after the licensee's first renewal.

(6) Licensees are responsible for selecting quality programs that focus on protecting the health, safety, and welfare of the public and contribute to licensees' professional knowledge and competence. Acceptable CE activities:

(a) directly relate to the licensee's scope of practice as defined in board statute or rule;

(b) review existing concepts and techniques;

(c) convey information beyond the basic professional education;

(d) update knowledge on the practice and advances in the profession; or

(e) reinforce professional conduct or ethical obligations of the licensee.

(7) The department may randomly audit up to 50 percent of renewed licensees.

(8) Licensees must maintain documentation of completed CE for three years and provide documentation to the board upon request. Documentation must include the following information:

(a) licensee name;

(b) course title and description of content;

(c) presenter or sponsor;

(d) course date(s); and

(e) number of CE hours earned.

(9) Any CE hours required by disciplinary order do not apply toward the 20 hours that are required annually under this rule.

(10) A licensee may request an exemption from CE requirements due to hardship. Requests will be considered by the department.

(1) The board authorizes the department to: 

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or

(b) file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct, or that have co-occurring misconduct allegations that directly implicate public safety and may warrant formal disciplinary action.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

(1) Applicants for LCSW, LMSW, and LBSW licensure must have a degree from a program accredited by the Council on Social Work Education.

This rule has been repealed.

(1)  LCSW supervised work experience hours obtained post-degree must include 3000 total hours. As a part of the total supervised work experience requirements, at least 100 hours must include individual or group supervision by a qualified supervisor under ARM 24.219.421.

(a) Of those 100 hours, at least 50 hours must be individual and supervised face-to-face by an LCSW.

(b) Of the 50 hours in (a), at least ten hours must include direct observation of service delivery as defined in ARM 24.219.301.

(2)  LBSW applicants must complete a minimum of 500 total hours of supervised work experience over a period of no less than 18 months. Of those 500 hours:

(a) at least 50 hours must include individual or group supervision by a qualified supervisor under ARM 24.219.421; and

(b) of the 50 hours in (a), at least 10 hours must be with the client populations that will be served by the LBSW candidate (see (5) for examples of client populations).

(3)  LMSW applicants must complete a minimum of 1500 total hours of supervised work experience over a period of no less than 18 months. Of those 1500 hours:

(a) at least 75 hours must include individual or group supervision by a qualified supervisor under ARM 24.219.421; and

(b) of the 75 hours in (a), at least 25 hours must be with the client populations that will be served by the LMSW candidate (see (5) for examples of client populations).

(4) Supervisors must provide at least two hours of supervision for LCSW, LMSW, and LBSW candidates for every 160 hours of social work.

(5) A supervisor must have experience and expertise with the candidate's client population (e.g., child, adolescent, adult, chemically dependent/substance use disorder) and methods of practice (i.e., individual, group, family, crisis, or brief interventions).

(6) Supervised work experience hours earned by LMSW and LBSW applicants who are not currently actively licensed in another jurisdiction must have been earned within five years of the date of application. 

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Applicants for a Montana single-state professional counseling license must have a degree that is primarily counseling in nature from:

(a) a Council for Accreditation of Counseling and Related Educational Programs (CACREP)-accredited program that is at least 60 semester credits; or

(b) an accredited institution and a program that is at least 60 semester credits or 90 quarter credits and includes the CACREP core competencies, and CACREP professional practice standards for fieldwork and academic quality.

(2) In addition to the degree requirements in (1): 

(a) the degree can only have a maximum of 12 post-baccalaureate graduate semester (18 quarter) credits or up to 20 semester (30 quarter) credits of a completed graduate counseling degree transferred from other institutions or programs; and

(b) credits earned during the degree program that were obtained more than six years prior to the date of graduation do not count toward the education requirements in this rule and 37-23-202(1) or (2), MCA.

This rule has been repealed.

This rule has been repealed.

(1) Up to 1500 of the 3000 hours required in 37-39-309(2)(b), MCA, may be obtained pre-degree under the academic requirements of the degree program. In order to qualify as experience under this rule the hours must be approved by the graduate program. 

(2) Any hours obtained post-degree must include 1000 hours direct client contact under face-to-face supervision in a clinical setting as defined in ARM 24.219.301. No more than 250 of those 1000 hours may be in a group or co-facilitative therapy situation.

(3) For all of the 3000 supervised work experience hours required under 37-39-309(2)(b), MCA, supervisors must provide at least one hour of face-to-face supervision and consultation for every 20 hours of professional counseling as defined in 37-39-102(11), MCA.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Applicants must have a degree that:

(a) is a minimum of a master's degree in marriage and family counseling from a program accredited by the Council for the Accreditation of Counseling and Related Educational Programs (CACREP) or Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); or

(b) is a minimum of a master's degree from an accredited institution consisting of a minimum of 60 semester hours or 90 quarter hours. Those hours must include a minimum of 48 semester hours or 72 quarter hours of courses in:

(i) foundations of relational/systemic practice, theories, and models;

(ii) biopsychosocial health and development across the life span;

(iii) clinical treatment with individuals, couples, and families;

(iv) ethics in marriage and family therapy;

(v) diverse, multicultural, and/or underserved communities; and

(vi) systemic/relational assessment and mental health diagnosis and treatment.

This rule has been repealed.

This rule has been repealed.

(1)  Supervised work experience hours obtained post-degree must include:

(a) 100 individual hours, using a 20:1 ratio of client contact hours to supervision hours of which at least 75 percent are in individual supervision;

(b) group supervision consisting of no more than six candidates; and

(c) a minimum of 1000 post-degree hours of client contact accumulated within the last five years with a minimum of 50 percent of those hours providing services to couples and families. There must be a 20:1 ratio of client contact hours to supervision hours with:

(i) at least 200 hours of face-to-face supervision of which at least 150 hours are in individual supervision, and of which a minimum of 80 hours is earned with each supervisor; and

(ii) at least 100 hours of supervision involving raw clinical data, i.e., live observation in the therapy room or through a one-way mirror or live-feed camera, videotape, or audiotape.

(2) When an LMFT candidate completes the requirements of (1) and (2) of this rule, the candidate will qualify for examination per ARM 24.219.702.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Board-approved training courses must include an examination that must be passed. The course must provide content including but not limited to:

(a) Substance Abuse and Mental Health Services Administration (SAMHSA) core competencies;

(b) boundaries and ethics;

(c) confidentiality;

(d) scope of practice;

(e) communication skills;

(f) self-care;

(g) suicide awareness;

(h) stages of change;

(i) trauma-informed care;

(j) cultural awareness;

(k) pathways of recovery;

(l) recovery story;

(m) clinical supervision;

(n) accessing community resources;

(o) emotional intelligence;

(p) supporting others in recovery;

(q) one-on-one session skills;

(r) support group facilitation; and

(s) recovery planning.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The primary purpose of educational and psychological assessment is to provide measures that are objective and interpretable in either comparative or absolute terms. Licensees shall interpret the statements in this rule as applying to the whole range of appraisal techniques, including test and nontest data.

(2) Licensees shall promote the welfare and best interests of the client in the development, publication, and utilization of educational and psychological assessment results and interpretations, and take reasonable steps to prevent others from misusing the information these techniques provide. They shall respect the clients' rights to know the results of the interpretations made and the basis for their conclusions and recommendations.

(1) Psychological assessments may be performed by the following individuals:

(a) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1), (3), (4), or (5);

(b) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1) and who is acting under the supervision of another licensee of the board specified in (1)(a);

(c) a psychologist licensed under Title 37, chapter 17, MCA; or

(d) an LCSW, LCPC, or LMFT who satisfies the requirements in ARM 24.219.1003(1) and who is acting under the supervision of a licensed psychologist.

(1) Except as provided in (3), (4), and (5), an LCSW, LCPC, or LMFT may engage in psychological assessments without supervision only if the licensee has completed and can document to the board, if requested, the following information demonstrating generic and specific qualifications to perform psychological assessments:

(a) academic training at the graduate or postgraduate level from a regionally accredited program that covered:

(i) descriptive statistics;

(ii) reliability and measurement error;

(iii) validity and meaning of test scores;

(iv) normative interpretation of test scores;

(v) selection of appropriate tests;

(vi) test administration procedures;

(vii) ethnic, racial, cultural, gender, age, and linguistic variables; and

(viii) testing individuals with disabilities; and

(b) a signed statement from a professional qualified to supervise psychological assessments as set forth in ARM 24.219.1002(1)(a) or (c) that the supervised licensee has met the requirements to use psychological tests as set forth in this rule.

(2) For purposes of this rule, "regionally accredited program" means a program accredited by one of the seven regional accreditation agencies recognized by the United States Department of Education.

(3) A credentialing level designated and approved by statute for psychological assessments meets the requirements as set out in (1).

(4) A licensee whose education was not from a regionally accredited program must obtain board approval before conducting psychological assessments. The licensee must demonstrate their education is substantially equivalent to the content set out in (1).

(5) A licensee is qualified to perform psychological assessments and is not required to demonstrate that the licensee has met the qualifications set forth in (1) if the licensee performed psychological assessments prior to December 25, 2015.

This rule has been repealed.

(1) Licensees shall recognize the limits of their competence and perform only those testing and assessment services for which they have been trained. They shall be familiar with reliability, validity, related standardization, error of measurement, and proper application of any technique utilized.

(2) Licensees using computer-based test interpretations shall be trained in the construct being measured and the specific instrument being used, prior to using this type of computer application.

(3) Licensees shall take reasonable measures to ensure the proper use of psychological assessment techniques by persons under their supervision.

(4) Licensees are responsible for the appropriate selection, application, scoring, interpretation, and use of assessment instruments whether they score and interpret such tests themselves or use computerized or other services.

(5) Licensees responsible for decisions involving individuals or policies that are based on assessment results shall have a thorough understanding of educational and psychological measurement, including validation criteria, test research, and guidelines for test development and use.

(6) Licensees shall provide accurate information and shall not make false claims when making statements about assessment instruments or techniques.

(7) Licensees shall seek to identify and correct client misconceptions about assessment instruments or techniques and about the meaning of scores, charts, or graphs given to them as an assessment product. Special efforts shall be made to avoid unwarranted connotations of such terms as "IQ" and grade equivalent scores.

(1) Prior to assessment, licensees shall explain the nature and purposes of assessment and the specific use of results in language the client (or other legally authorized person on behalf of the client) can understand, unless an explicit exception to this right has been agreed upon in advance. Regardless of whether scoring and interpretation are completed by licensees, by assistants, or by computer or other outside services, licensees shall take reasonable steps to ensure that appropriate explanations are given to the client.

(2) The examinee's welfare, explicit understanding, and prior agreement shall determine the recipients of test results. Licensees shall include accurate and appropriate interpretations with any release of individual or group test results.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The purpose of the parenting plan evaluation regulations is to protect both the public, who are the consumers of services, and the licensees, who are the providers of services. These regulations intend to ensure competency of the provider and consistency of the procedures in child custody proceedings, pursuant to Title 40, chapter 4, MCA, Termination of Marriage, Child Custody, Support.

(2) The purpose of a parenting plan evaluation is to determine, to the extent possible, what is in the best interests of the child. The "fit" between each parent and the child or children is the central issue, not the diagnosis of each parent or of each child. If a parent or child shows any relevant mental, cognitive, physical, or other disorder, the implications of that disorder for the best interest of the child must be addressed.

(3) Two different parents showing very similar personalities and parenting styles might affect two different children in essentially different ways. It cannot be assumed that qualities generally admired by the population-at-large are necessarily those that make the better parent, or are in the best interests of the child. For example, factors such as which parent has the most money, the most friends, the largest house, is the most religious, the most physically active, has the most education, is home the most, lacks a history of diagnosis or treatment, and so on, may bear on the issue at hand, but are not the determining factors in and of themselves. How each factor supports the child's needs and well-being, or detracts from the child's needs and well-being, is a primary consideration. The intention of a parenting plan evaluation is to make a parenting recommendation that will support the child's development along the healthiest lines possible.

(1) In a parenting plan evaluation, the licensee shall maintain an unbiased, impartial role. The client is the child, and recommendations must be made which are in the best interests of the child. The licensee shall clarify with all parties, attorneys, and the court the nature of the licensee's role as an objective evaluator.

(a) The licensee shall act as an impartial evaluator of the parties, assessing relevant information, and informing and advising the court and other parties of the relevant factors pertaining to the parenting issue.

(b) The licensee shall remain impartial, regardless of whether the licensee is retained by the court or by a party to the proceeding, and regardless of whom is responsible for payment.

(c) If circumstances prevent the licensee from performing in an impartial role, the licensee shall attempt to withdraw from the case. (See ARM 24.219.1207)

(d) If the licensee is not able to withdraw, the licensee must reveal any factors that may bias the licensee's findings and/or compromise the licensee's objectivity.

(e) Communication with parents or attorneys must be conducted in such a manner as to avoid bias. The licensee must exercise discretion in informing parties or their attorneys of significant information that is gathered during the course of the evaluation. The licensee shall not communicate essential information to one party's attorney, without also communicating the information to the other party's attorney and to the guardian ad litem, if one is appointed.

(1) The licensee shall avoid dual relationships and other situations which might produce a conflict of interest when performing parenting plan evaluations.

(a) The licensee shall not conduct a parenting plan evaluation in a case in which the licensee has served or can reasonably anticipate serving in a therapeutic role for the child or the child's immediate family, or has had other significant involvement; e.g., social, personal, business, or professional, that may compromise the licensee's objectivity.

(b) The licensee may not accept any of the involved participants in the parenting plan evaluation as therapy clients, either during or after the evaluation.

(c) The licensee who is asked to testify regarding a therapy client who is involved in a parenting plan case, shall be aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship. If required to testify, the licensee may not give an expert opinion regarding parenting plan issues, and shall limit the licensee's testimony to factual issues.

This rule has been repealed.

(1) Licensees shall inform all participants, including parents, children (when feasible), other family members, and third party contacts such as teachers, physicians, and child care providers, as to the limits of confidentiality, which can be expected with regard to any information they may provide to the licensee over the course of the evaluation.

(a) This includes the limits of confidentiality applicable to the general practice of social work or counseling, such as a duty to warn in instances of possible imminent danger to a participant or to others, or legal obligations to report suspected child or elder abuse, and also exceptions to confidentiality stemming from the specific requirements of a parenting plan evaluation, including:

(i) the potential need to disclose information provided by any participant to other participants, in order to obtain accounts of circumstances pertinent to the issues being evaluated;

(ii) the expectation of disclosure of relevant information provided by individual participants to the attorneys involved in the case, to the court, and to the guardian ad litem, if one has been appointed; and

(iii) the likely disclosure of the licensee's findings, professional opinions, and recommendations regarding the resolution of contested matters, which fall within the scope of the evaluation to parents, their attorneys, the court, and any other party, such as a guardian ad litem.

(2) Licensees shall obtain written waivers of confidentiality from the parents who are participating in the evaluation, encompassing all disclosures of information to other persons, including other participants in the evaluation, attorneys, and the court.

(3) Licensees shall take reasonable precautions in their handling of children's disclosures of abuse, neglect, or any other circumstances, when such disclosure may place the child at increased risk of physical or emotional harm. Licensees shall also recognize the right of any person accused of misconduct to respond to such allegations, while placing the highest priority on the safety and well-being of the child.

(4) Licensees shall recognize that disclosures of statements by abused spouses may pose special risks to the safety and well-being of persons who claim to be victims of domestic abuse. Prior to disclosure of such allegations to an alleged perpetrator or to other persons who may support, collude with, or otherwise increase the risk of abuse, the licensee shall inform the alleged victim that the disclosure will take place. If appropriate, information will be provided as to available community resources for protection, planning, and personal assistance, and counseling for victims of domestic abuse.

(5) Licensees shall provide judges, attorneys, and other appropriate parties with access to the results of the evaluation, but make reasonable efforts to avoid the release of notes, test booklets, structured interview protocols, and raw test data to persons untrained in their interpretation. If legally required to release such information to untrained persons, licensees shall first offer alternative steps, such as providing the information in the form of a report, or releasing the information to another licensee who is qualified in the interpretation of the data, and who will discuss or provide written interpretations of the data with the person(s) who are seeking the information.

(6) Licensees shall not agree to requests by participants in a parenting plan evaluation that information shared with the licensee be concealed.

(a) When such requests are made, the licensee shall clarify the requirements of the evaluation as regards to confidentiality, and may advise the participant to consult with the participant's attorney before proceeding with the evaluation.

(7) The licensee must ultimately respect the right of any participant to withhold information from the evaluation. Whether the refusal to provide information should itself be made known to others, it must be decided by the licensee, based on the relevance of such refusal to the issues before the court, in the particular case at hand.

(8) Licensees shall recognize the possibility that the need to disclose information obtained in the evaluation may limit the validity of data acquired during the evaluation, by inhibiting the free and complete disclosure of information by participants.

(1) Licensees shall obtain informed consents from parents involved in parenting plan evaluations and, to the extent feasible, inform children of significant aspects of the evaluation prior to conducting interviews, testing, or other data-gathering procedures. Disclosure of information to the parents shall include a thorough explanation of all major aspects of the evaluation, including:

(a) a general review of the purpose, nature, methods, scope, and limitations of a parenting plan evaluation, and the potential impact of the evaluation on the outcome of litigation;

(b) clarification as to who has requested the evaluation and who will receive verbal or written feedback as to the results and recommendations;

(c) the nature of data to be collected and potential uses to which that data will be put, including data from testing and structured interview protocols;

(d) the methods of assessing and collecting fees for professional services, including specification of who will be financially responsible for the evaluation, expectations as to the timing of payments, and policies related to the collection of unpaid fees; and

(e) the nature and limits of confidentiality, both as generally applicable to professional services, and as required by the nature of the evaluation. (See ARM 24.219.1211)

(2) Licensees shall inform the parents of the above elements and offer each parent the opportunity to discuss the proposed evaluation with an attorney before proceeding.

This rule has been repealed.

(1) When licensees complete a parenting plan evaluation, they shall produce a written report of the findings and recommendations.

(2) Licensees shall retain all items presented to them or a copy thereof, that are used for consideration in formulating a professional opinion (e.g., videos, photos, etc.) as well as a copy of the final report.

(3) Licensees shall maintain clear and complete records.

(4) Licensees shall retain all releases of information signed by the parties.

(5) Licensees shall maintain adequate documentation of their contacts with clients and of the clinically significant information derived from these contacts.

(6) Licensees shall create and maintain documentation of all data that form the basis for their conclusions in the detail and quality that would be consistent with reasonable scrutiny in an adjudicative forum.

(7) Licensees shall make clear to all parties that the report may be altered at any time by the licensee, until the final decision of the court is made.

(8) Licensees shall make a reasonable effort to ensure that the court, attorneys, parents, and guardian ad litem, if any, receive the report at the same time.

(9) Licensees shall recognize that all items in the case file, other than copies of tests, raw test data, and computer-generated interpretive reports may be brought into the courtroom.

(10) Licensees shall recognize that all parenting plan evaluations and reports are highly sensitive material and discretion is necessary.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1)  In addition to the provisions of 37-1-316, MCA, the following are unprofessional conduct.

(2) A licensee shall not:

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

(b) commit any of the following boundary violations:

(i) provide services to a person with whom the licensee has had sexual contact at any time;

(ii) engage in or solicit sexual relations with a client or commit an act of sexual misconduct or a sexual offense if such act, offense, or solicitation is substantially related to the qualifications, functions, or duties of the licensee;

(iii) engage in sexual contact with a former client, within two years following termination of professional services. After two years, the licensee who engages in such activity following termination of professional services must demonstrate that there has been no exploitation, in light of all relevant factors, including:

(A) the amount of time that has passed since professional services terminated;

(B) the nature and duration of the professional services;

(C) the circumstances of termination;

(D) the client's personal history;

(E) the client's current mental status;

(F) the likelihood of adverse impact on the client; and

(G) any statements or actions made by the licensee during the defined professional relationship suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client;

(iv) solicit or engage in a sexual or intimate relationship with a client, a supervisee, client's family member, a client's household member, or other persons with whom a client has had a significant relationship;

(v) soliciting or engaging in sexual relations with the client of another licensee employed in the same program providing services;

(vi) condone or engage in sexual or other harassment;

(vii) engage in a dual relationship with a client or former client if the dual relationship has the potential to compromise the client's well-being, impair the licensee's objectivity and professional judgment, or creates or increases the risk of exploitation of the client. If a dual relationship arises as a result of unforeseeable and unavoidable circumstances, the licensee shall promptly take appropriate professional precautions. Appropriate professional precautions must ensure that the client's well-being is not compromised and that no exploitation occurs and should include consultation, supervision, documentation, or obtaining written informed consent of the client;

(viii) terminate a professional relationship for the purpose of beginning a personal or business relationship with a client;

(ix) participate in bartering, unless bartering is considered to be essential for the provision of services, negotiated without coercion, and entered into at the client's initiative and with the client's informed consent. Licensees who accept goods or services from clients as payment for professional services assume the full burden of demonstrating that this arrangement will not be detrimental to the client or the professional relationship;

(x) accept gifts or gratuities of significant monetary value or borrow money from a client or former client within two years after termination of services, except when this is a culturally accepted practice;

(xi) interfere with or encourage termination of any legitimate personal relationship of a client, or interfere with a therapeutic relationship of another professional;

(c) intentionally, recklessly, or carelessly cause physical or emotional harm to a client;

(d) divide a fee or accept or give anything of value for receiving or making a referral;

(e) exploit, as defined in ARM 24.219.301, in any manner professional relationships;

(f) engage in conduct in the profession or occupation found to be a violation of the Montana Human Rights Act, Title 49, MCA;

(g) falsify, misrepresent, or fail to maintain supervision records as required by ARM 24.219.422;

(h) fail to appropriately supervise a licensure candidate, CBHPSS, or individual requiring supervision to perform a sexual offender evaluation under 37-1-139, MCA;

(i) recommend a client seek or discontinue prescribed medication, or fail to provide a supportive environment for a client who is receiving prescribed medication;

(j) engage in the practice when the licensee's license is inactive, has expired, is terminated, or has been suspended;

(k) violate federal or state law regulating the possession, distribution, or use of a controlled substance, as defined by Title 50, chapter 32, MCA;

(l) be convicted of driving while under the influence of alcohol or drugs (DUI), or criminal possession of dangerous drugs at any time after issuance of a license, and within the two years preceding an application for licensure;

(m)  perform or supervise psychological assessments if not qualified to do so;

(n)  perform or supervise parenting plan evaluations without specialized training, education, and experience in the areas of assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families; or

(o)  practice independently as an LMSW or LBSW.

(3) All licensees shall:

(a) provide clients with accurate and complete information regarding the extent and nature of the services available to them, including the purpose and nature of any evaluation, treatment, or other procedures, and of the client's right to freedom of choice regarding services provided;

(b) terminate services and professional relationships with clients when such services and relationships are no longer required or where a conflict of interest exists;

(c) make every effort to keep scheduled appointments;

(d) notify clients promptly and seek the transfer, referral, or continuation of services pursuant to the client's needs and preferences if termination or interruption of services is anticipated;

(e) attempt to make appropriate referrals pursuant to the client's needs;

(f) obtain informed written consent of the client or the client's legal guardian prior to the client's involvement in any research project of the licensee that might identify the client or place them at risk;

(g) obtain informed written consent of the client or the client's legal guardian prior to taping, recording, or permitting third-party observation of the client's activities that might identify the client or place them at risk;

(h) except where required by law or court order, safeguard information provided by clients, and make reasonable efforts to limit access to client information in an agency setting to those staff whose duties require access;

(i) disclose to and obtain written acknowledgement from the client or prospective client as to the fee to be charged for professional services, and/or the basis upon which the fee will be calculated;

(j) make and maintain records of services provided to a client. At a minimum, the records shall contain:

(i) documentation verifying the identity of the client;

(ii) documentation of the assessment and/or diagnosis;

(iii) documentation of each session;

(iv) documentation of a plan, documentation of any revision of the assessment or diagnosis or of a plan;

(v) documentation of discharge summary;

(vi) any fees charged and other billing information; and

(vii) copies of all client authorization for release of information and any other legal forms pertaining to the client. These records shall be maintained by the licensee or agency employing the licensee under secure conditions and for time periods in compliance with applicable federal or state law, but in no case for fewer than seven years after the last date of service.

(4) In addition to (2) and (3), CBHPSS are subject to the following standards.

(a) CBHPSS shall:

(i) conduct themselves in a way that fosters their own recovery and take personal responsibility to seek support and manage their wellness;

(ii) as mandatory reporters, report abuse to appropriate authorities and supervisors;

(iii) disclose any pre-existing relationships, sexual or otherwise, to supervisor(s) prior to providing services to that individual; and

(iv) report risk of imminent harm to self or others to the proper authorities and to their supervisor. When reporting, the minimum amount of information necessary will be given to maintain confidentiality.

(b) CBHPSS shall not:

(i) engage or offer advice on the matters of diagnosis, treatment, or medications to the client; or

(ii) engage in or promote behaviors or activities that would jeopardize the CBHPSS's recovery or the recovery of those they serve.  

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Applicants must have completed a minimum of 285 contact hours of training in addiction studies completed either in whole or in part of the degree or certificate in 37-39-310, MCA. If not all  285 required hours were completed as part of the degree, then the applicant can complete those outside of the degree or certificate. The 285 hours must be in the following areas:

(a) 60 hours in addiction assessment (must include chemical dependency assessment, biopsychosocial testing, diagnosis, referrals, and patient placement);

(b) 90 hours in addiction counseling;

(c) 15 hours in pharmacology (must include drug classification, effects, detoxification, and withdrawal);

(d) 15 hours in ethics for counselors;

(e) 30 hours in alcohol and drug studies;

(f) 30 hours in addiction treatment planning and documentation;

(g) 15 hours in multicultural competency (knowledge of and sensitivity to the cultural factors and needs of diverse populations and demonstrates competency in applying culturally relevant skills);

(h) 15 hours in co-occurring disorders; and

(i) 15 hours in gambling/gaming disorder assessment and counseling.

This rule has been repealed.

(1)  Supervised work experience hours obtained post-degree or certification must include:

(a) a minimum of seven months and 1000 hours of supervised work experience hours in an addiction counseling qualified treatment program as defined in ARM 24.219.5010; and

(b) the criteria for supervised work experience in ARM 24.219.301.

(2) As part of the required hours in (1) at least 500 hours must be in the following skill areas:

(a) screening, minimum of 30 hours;

(b) assessment/patient placement, minimum of 100 hours;

(c) treatment planning, minimum of 50 hours;

(d) referrals, minimum of 20 hours;

(e) case management, minimum of 50 hours;

(f) individual counseling, minimum of 60 hours;

(g) group counseling, minimum of 100 hours;

(h) client education, minimum of 35 hours;

(i) documentation, minimum of 35 hours;

(j) professional and ethical responsibilities, minimum of 10 hours; and

(k) multicultural competency, minimum of 10 hours.

(3) The 1000 hours of supervised work experience must be completed in not more than two different qualified treatment programs.

(4) Supervision must occur in a 20:1 ratio of client contact hours to supervision, and must include group supervision, individual supervision, and 10 hours of direct observation.

This rule has been repealed.

(1) Qualified treatment programs include those addiction treatment programs where candidates may obtain supervised work experience based on nationally recognized patient placement criteria. Criteria for these treatment settings may include settings that provide the basis for a continuum of care for patients with addictions and settings that include any level of care as defined by American Society of Addiction Medicine (ASAM) in The ASAM Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions (October 24, 2013).

(2) Qualified treatment programs for supervised work experience are:

(a) settings with a primary focus in licensed addiction counseling;

(b) Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Commission on Accreditation of Rehabilitation Facilities (CARF), or Council on Accreditation (COA) approved settings;

(c) Indian Health Service (IHS)-approved settings or IHS, Tribal and Urban (ITU) settings;

(d) organized licensed addiction counseling settings within branches of the armed forces of veterans' administration hospitals;

(e) licensed mental health centers; and

(f) organized group practice setting (two or more licensed addiction counselors in a defined, conjoint practice). The work setting must have the capacity to provide multidisciplinary supervision.

(3) Qualified treatment programs must have a direct referral relationship for the provision of:

(a) detoxification services;

(b) medical services;

(c) laboratory services;

(d) psychiatric consultations; and

(e) psychological consultations.

(4) Qualified treatment programs must demonstrate the individualized treatment plans including:

(a) problem formulations;

(b) goals;

(c) measurable treatment objectives;

(d) progress notes; and

(e) regular reviews of plans at specified times by a designated treatment team.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.