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| Montana Administrative Register Notice 24-219-34 | No. 20 10/18/2019 | |
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BEFORE THE BOARD OF BEHAVIORAL HEALTH DEPARTMENT OF LABOR AND INDUSTRY STATE OF MONTANA
TO: All Concerned Persons
1. On November 13, 2019, at 9:00 a.m., a public hearing will be held in the Small Conference Room, 301 South Park Avenue, 4th Floor, Helena, Montana, to consider the proposed amendment, adoption, and repeal of the above-stated rules.
2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Behavioral Health no later than 5:00 p.m., on November 6, 2019, to advise us of the nature of the accommodation that you need. Please contact Lucy Richards, Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2394; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdbbh@mt.gov (board's e-mail).
3. GENERAL STATEMENT OF REASONABLE NECESSITY: Following a review of its rules and recommendations from board staff, the board determined it is reasonably necessary to amend these rules to eliminate outdated, redundant, and unnecessary provisions, and provide consistency, simplicity, better organization, and ease of use for licensees, educators, program administrators, and the public. Where additional specific bases for a proposed action exist, the board will identify those reasons immediately following that rule. The board determined it is reasonably necessary to amend the rules throughout to align with and facilitate current standardized department application and renewal procedures. As part of this effort, the board is amending several licensure rules to require that background checks are completed within six months of the application date. This change will help ensure that timely information is being reported and aligns with standardized department procedures regarding fingerprint background checks. Additionally, the board is updating the authority and implementation citations throughout to accurately reflect all statutes implemented through the rules and provide the complete and current sources of the board's rulemaking authority.
4. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined:
24.219.301 DEFINITIONS (1) "Advanced counseling practicum" for purpose of the practicum obtained during the post-graduate degree program in 37-23-202, MCA, means: (a) supervision by licensed program faculty which includes: (i) a minimum of 30 hours individual face-to-face consultation and review with supervisor; and (ii) a minimum of 45 hours small group supervisory consultation with supervisor and peers in practicum program; and (b) a minimum of 200 clock hours of service to clients which includes: (i) a minimum of 80 hours offering face-to-face direct service to individual, family, and group clients; and (ii) an additional 45 hours which may include any of the above plus audio and videotape review, two-way mirror observations, research, writing case notes, collateral contacts, and any other nonspecified activities deemed appropriate by the practicum supervisor to enhance the student's expertise in providing services to the client population. (2) "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. (3) "Candidate": (a) "LAC candidate" means an individual as defined in 37-35-102, MCA; (b) "LCPC candidate" means an individual as defined in 37-23-102, MCA; and (c) "LCSW candidate" means an individual as defined in 37-22-102, MCA; (d) "LMFT candidate" means an individual as defined in 37-37-102, MCA. (4) "CBHPSS" means a certified behavioral health peer support specialist. (5) "Client" means a recipient of services performed by licensees in this chapter. (6) "Clinical setting" for purposes of LCPC experience requirements means any public and/or private agency whose primary functions are: (a) conducting psychosocial assessments and diagnoses for the purpose of establishing treatment goals and objectives; (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, social functioning, or the functioning of established social units; (c) selecting, administering, scoring, and interpreting psychosocial assessment instruments to assess personal characteristics and using nonstandardized methods and techniques for understanding human behavior in relation to coping with or adapting to changing life situations; (d) implementing counseling treatment interventions using those cognitive, affective, behavioral sciences that are specifically implemented in the context of a therapeutic relationship; or (e) evaluating information to identify needs or problems of an individual or social units to determine the advisability of referral to other specialists, informing the individual(s) of the judgment, and communicating as requested or considered appropriate with the referral sources. (7) "Contact hour" means academic coursework, approved workshop training, or an approved home study course that is completed hour-for-hour. (8) "Co-occurring disorder" means the existence of any addiction-related disorder and any other physical and or mental health disorder. (1) remains the same but is renumbered (9). (3) remains the same but is renumbered (11). (a) the licensee's emotional, financial, romantic, sexual, or personal advantage (b) (13) "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. (14) "Gambling dependence impulse control disorder" or "gambling disorder" means persistent and recurrent problematic gambling behavior leading to clinically significant impairment or distress. (9) and (10) remain the same but are renumbered (19) and (20). (21) "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. (11) remains the same but is renumbered (22). (23) "Significant monetary value" means more than a de minimis value exceeding $25. (24) "Supervised work experience" means the requirements described in ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008 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.
AUTH: 37-1-131, 37-22-201, 37-35-103, 37-38-202, MCA IMP: 37-1-131, 37-22-102, 37-22-201, 37-22-313, 37-23-102, 37-23-202, 37-23-213, 37-35-102, 37-35-103, 37-35-202, 37-37-102, 37-37-205, 37-38-102, 37-38-202, MCA
REASON: The board is amending this rule to consolidate all definitions applicable to ARM Title 24, chapter 219 into this rule. Definitions previously in ARM 24.219.603, 24.219.604, 24.219.901, and 24.219.5001 are being relocated to this rule for simplicity and better organization, and to eliminate duplicative definitions. After staff reported many applicant questions regarding the licensing process, the board is defining "candidate" at (3) to clarify that a candidate license is a separate license from a full license. The board is also adding definitions for candidate license acronyms for clarity. The board is defining "face-to-face" at (13) to clarify acceptable candidate supervision methods that include both in-person and electronic means. The board is adding (21) to define "recovery" as used in 37-38-202, MCA, following a staff recommendation to address questions and parallel the statute. It is reasonably necessary to add (24) to define "supervised work experience" to address numerous questions regarding whether an applicant's proposed work experience qualifies for licensure. The board is utilizing this commonly used term when updating applicable rules elsewhere in this notice. The board is striking the definition of "training and supervision plan" as the specific term is no longer used in this chapter related to licensing procedures.
24.219.415 MILITARY TRAINING OR EXPERIENCE (1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training or education toward the requirements for licensure as (2) remains the same. (3) An applicant must submit satisfactory evidence of receiving military training or education that is equivalent to relevant licensure requirements for (a) through (4) remain the same.
AUTH: 37-1-145, MCA IMP: 37-1-145, MCA
REASON: It is reasonably necessary to consolidate military training and experience for all license types into this rule for simplicity and ease of use. The board is also repealing ARM 24.219.903 and 24.219.5003 as no longer necessary.
24.219.421 SUPERVISOR QUALIFICATIONS (1) LCSW, LCPC, LMFT, and LAC 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. 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. (2) In addition to the requirements in (1): (a) an LCSW, LCPC, or LMFT candidate supervisor must be licensed as an LCSW, LCPC, LMFT, licensed psychologist, or licensed and board-certified psychiatrist; (b) an LAC candidate supervisor must be: (i) licensed as an LAC with a minimum of three years post-licensure experience in a qualified treatment setting as defined in ARM 24.219.5010; or (ii) trained in a related field. If trained in a related field: (A) 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; (B) the supervisor must have training equivalent to that described in ARM 24.219.5006(2)(b); and (C) the board will evaluate each individual on a case-by-case basis. (3) In addition to the requirements in (1), a CBHPSS supervisor must be licensed under Title 37, MCA, as an LCSW, LCPC, LMFT, LAC, physician, psychologist, or an advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing. (4) 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.
AUTH: 37-1-131, 37-22-201, 37-35-103, MCA IMP: 37-1-131,
REASON: The board is amending this rule to consolidate supervisor qualifications for all license types for simplicity and ease of use. The board is also repealing ARM 24.219.916 and 24.219.5009 as no longer necessary. Following numerous questions to staff from applicants and prospective supervisors, the board is defining criteria for "related field" in (2)(b)(ii). The amendment will clearly set forth the criteria the board utilizes to ensure LAC candidates are supervised by qualified individuals.
24.219.501 LCSW LICENSE REQUIREMENTS – ORIGINAL APPLICANTS (2) Applicants must meet the following requirements: (a) have a degree that meets the requirements in 37-22-301, MCA; (b) have completed supervised post-degree work that meets the requirements in 37-22-301, MCA, and ARM 24.219.504; (c) have passed an examination as described in [NEW RULE III] within four years of the date of application; (d) have completed a Federal Bureau of Investigation fingerprint background check per 37-22-301, MCA, within six months of the application date; (e) provide reference letters that meet the requirements in 37-22-301, MCA; and (f) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, IMP: 37-1-131,
REASON: The board is amending this rule and ARM 24.219.505 and 24.219.512 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to original applicants for LCSW licensure, while requirements for candidates and out-of-state applicants will be in ARM 24.219.505 and 24.219.512. The board is relocating specific LCSW examination provisions to NEW RULE III. For consistency with other board license types, the board is amending (2)(c) to require exam passage within four years of application. The board concluded more recent test results will help ensure competency as original applicants have no practice experience. As part of the ongoing effort to standardize administrative procedures provided to all boards, the department raised concerns regarding records retention and potential burden for the department to maintain terminated license records indefinitely. At the same time, staff questioned whether terminated licensees had to make new application. To address these issues and eliminate potential confusion, the board determined it is reasonably necessary to eliminate (9). Per statute and standardized department application procedures, terminated licensees who are not actively licensed and practicing in any jurisdiction must reapply with a new application and meet all current licensure requirements at the time of application.
24.219.504 LCSW SUPERVISED WORK EXPERIENCE REQUIREMENTS (1) Applicants applying under ARM 24.219.501 must meet the supervised work experience requirements in 37-22-301, MCA, and as defined in ARM 24.219.301. (2) As a part of the requirements in (1), at least 100 hours must include 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; and (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. (3) Supervisors must provide at least two hours of supervision for every 160 hours of social work as defined in 37-22-102, MCA. (4) Candidates must clearly indicate they are social worker licensure candidates in all professional and private communications. (5) When an LCSW candidate who applied under ARM 24.219.505 completes the requirements of (1) through (3), the candidate will qualify for the examination per [NEW RULE III]. Upon proof of passage of the exam, a candidate will be issued an LCSW license without further application. (6) A supervisor must have experience and expertise with the candidate's client population (e.g., child, adolescent, adult, chemically dependent) and methods of practice (i.e., individual, group, family, crisis, or brief interventions).
AUTH: 37-1-131, 37-22-201, MCA IMP: 37-1-131, 37-22-301, 37-22-313, MCA
REASON: The board determined it is reasonably necessary to amend this rule to clearly set forth only the experience requirements necessary to obtain full LCSW licensure. The board is consolidating record requirements for all license types in NEW RULE I to simplify and standardize the rules.
24.219.505 (2) Applicants for LCSW candidate licensure must: (a) have a degree that meets the requirements in 37-22-301, MCA; (b) have a supervisor that meets the requirements in ARM 24.219.421; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-22-313, MCA, within six months of the application date; (d) provide reference letters that meet the requirements in 37-22-301, MCA; and (e) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is amending this rule and ARM 24.219.501 and 24.219.512 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to applicants for LCSW candidates, while requirements for original and out-of-state LCSW applicants will be in ARM 24.219.501 and 24.219.512.
24.219.512 (2) Applicants must: (a) hold a current, active license in good standing in another state or jurisdiction. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards; (b) have passed an examination as described in [NEW RULE III] or a similar examination per 37-22-301, MCA; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-22-301, MCA, within six months of the application date; (d) provide reference letters that meet the requirements in 37-22-301, MCA; and (e) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, IMP: 37-1-131, 37-1-304,
REASON: The board is amending this rule and ARM 24.219.501 and 24.219.505 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to out-of-state LCSW applicants for licensure, while requirements for original LCSW applicants and candidates will be in ARM 24.219.501 and 24.219.505. The board determined it is reasonably necessary to amend this rule to align the standards for out-of-state applicants with the proper statutory authority. Following a review and recommendations by board staff, the board is amending this rule to facilitate licensure of those licensed in states or jurisdictions with requirements substantially equivalent to Montana's.
24.219.601 LCPC LICENSE REQUIREMENTS – ORIGINAL APPLICANTS (2) Applicants must meet the following requirements: (a) have a degree from an accredited institution that meets the requirements in 37-23-202(1)(a) or (2), MCA. If the degree program is not CACREP-accredited, the program must include completion of Council for Accreditation of Counseling and Related Educational Programs (CACREP) core competencies; (i) 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; (ii) 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; (b) have completed a supervised work experience that meets the requirements in 37-23-202, MCA, and ARM 24.219.604; (c) have passed an examination as described in [NEW RULE V] within four years of the date of the application; (d) have completed a Federal Bureau of Investigation fingerprint background check per 37-23-202, MCA, within six months of the application date; and (e) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, IMP: 37-1-131,
REASON: The board is amending this rule and ARM 24.219.605 and 24.219.612 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to original applicants for LCPC licensure, while requirements for candidates and out-of-state applicants will be in ARM 24.219.605 and 24.219.612. The board is relocating specific LCPC examination provisions to NEW RULE V. For consistency with other board license types, the board is amending (2)(c) to require exam passage within four years of application. The board concluded more recent test results will help ensure competency as original applicants have no practice experience. As part of the ongoing effort to standardize administrative procedures provided to all boards, the department raised concerns regarding records retention and potential burden for the department to maintain terminated license records indefinitely. At the same time, staff questioned whether terminated licensees had to make new application. To address these issues and eliminate potential confusion, the board determined it is reasonably necessary to eliminate (9). Per statute and standardized department application procedures, terminated licensees who are not actively licensed and practicing in any jurisdiction must reapply with a new application and meet all current licensure requirements at the time of application.
24.219.604 LCPC SUPERVISED WORK EXPERIENCE REQUIREMENTS (1) Applicants applying under ARM 24.219.601 must meet the supervised work experience requirements in 37-23-202, MCA, and as defined in ARM 24.219.301. (a) Up to 1500 of the 3000 hours required in 37-23-202(1)(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) For all of the 3000 supervised work experience hours required under 37-23-202, 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 37-23-102, MCA. (3) Candidates must clearly indicate they are a professional counselor licensure candidate in all professional and private communications. (4) A candidate will be issued an LCPC license without further application upon proof of: (a) passage of the examination in [NEW RULE V] within four years of the date of application; and (b) completion of the requirements in (1) through (3) of this rule.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board determined it is reasonably necessary to amend this rule to clearly set forth only the experience requirements necessary to obtain full LCPC licensure. The board is consolidating record requirements for all license types in NEW RULE I to simplify and standardize the rules.
24.219.605 (1) Applicants for LCPC candidate licenses apply using the same application as LCPC applicants. (2) Applicants must meet the following requirements: (a) have a degree from an accredited institution that meets the requirements in 37-23-202(1)(a) or (2), MCA. If the degree program is not CACREP-accredited, the program must include completion of Council for Accreditation of Counseling and Related Educational Programs (CACREP) core competencies: (i) 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 (ii) 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; (b) have a supervisor that meets the requirements in ARM 24.219.421; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-23-213, MCA, within six months of the application date; and (d) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is amending this rule and ARM 24.219.601 and 24.219.612 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to applicants for LCPC candidates, while requirements for original and out-of-state LCPC applicants will be in ARM 24.219.601 and 24.219.612.
24.219.612 (2) Applicants must: (a) hold a current, active license in good standing in another state or jurisdiction. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards; (b) have a degree that meets the requirements in 37-23-202(1)(a) or (2), MCA; (c) have completed supervised post-degree work that meets the requirements in 37-23-202, MCA, and ARM 24.219.604; (d) have passed an examination as described in [NEW RULE V]; (e) have completed a Federal Bureau of Investigation fingerprint background check per 37-23-202, MCA, within six months of the application date; and (f) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, IMP: 37-1-131, 37-1-304,
REASON: The board is amending this rule and ARM 24.219.601 and 24.219.605 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to out-of-state LCPC applicants for licensure, while requirements for original LCPC applicants and candidates will be in ARM 24.219.601 and 24.219.605. The board determined it is reasonably necessary to amend this rule to align the standards for out-of-state applicants with the proper statutory authority. Following a review and recommendations by board staff, the board is amending this rule to facilitate licensure of those licensed in states or jurisdictions with requirements substantially equivalent to Montana's.
24.219.701 LMFT LICENSE REQUIREMENTS – ORIGINAL APPLICANTS (2) Applicants must have a degree that: (a) meets the requirements in 37-37-201, MCA; (b) 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 (c) 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. (3) In addition to the requirements in (2), applicants must: (a) have completed supervised work experience that meets the requirements in 37-37-201, MCA, and ARM 24.219.704; (b) have passed an examination as described in [NEW RULE VI] within four years of the date of application; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-37-201, MCA, within six months of the application date; and (d) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is amending this rule and ARM 24.219.705 and 24.219.712 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to original applicants for LMFT licensure, while requirements for candidates and out-of-state applicants will be in ARM 24.219.705 and 24.219.712. The board is amending this rule to increase the degree credits required to qualify for licensure from 48 semester credits to 60 semester credits. The board determined this is reasonably necessary as the national standard is 60 credits. Additionally, the board is updating the areas of study in (2)(c) to reflect current national standards. The board is relocating specific LMFT examination provisions to NEW RULE VI. For consistency with other board license types, the board is amending (3)(b) to require exam passage within four years of application. The board concluded more recent test results will help ensure competency as original applicants have no practice experience.
24.219.704 LMFT SUPERVISED WORK EXPERIENCE REQUIREMENTS (1) Applicants applying under ARM 24.219.701 must meet the supervised work experience requirements in 37-37-201, MCA, and as defined in ARM 24.219.301. (2) As a part of the requirements in (1), the hours obtained post-degree must include: (i) at least 200 hours of face-to-face supervision of which at least (ii) at least (3) Candidates must clearly indicate they are a marriage and family therapist licensure candidate in all professional and private communications. (4) When an LMFT candidate completes the requirements of (1) and (2) of this rule, the candidate will qualify for the examination per [NEW RULE VI]. Upon proof of passage of the examamination, a candidate will be issued an LMFT license without further application.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board determined it is reasonably necessary to amend this rule to clearly set forth only the experience requirements necessary to obtain full LMFT licensure. The board is consolidating record requirements for all license types in NEW RULE I to simplify and standardize the rules.
24.219.705 (2) Applicants must have a degree that: (a) meets the requirements in 37-37-201, MCA; (b) 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 the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); or (c) 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. (3) In addition to the education requirements in (2), applicants must: (a) have a supervisor that meets the requirements in ARM 24.219.421; (b) have completed a Federal Bureau of Investigation fingerprint background check per 37-37-205, MCA, within six months of the application date; and (c) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is amending this rule and ARM 24.219.701 and 24.219.712 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to applicants for LMFT candidates, while requirements for original and out-of-state LMFT applicants will be in ARM 24.219.701 and 24.219.712. The board is amending this rule to increase the degree credits required for licensure from 48 semester credits to 60 semester credits. The board determined this is reasonably necessary as the national standard is 60 credits. Additionally, the board is updating the courses in (2)(c) to reflect current national standards.
24.219.712 (2) Applicants must: (a) hold a current, active license in good standing in another state or jurisdiction to practice marriage and family therapy under a scope of practice recognized in Montana. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards; (b) pass an examination as required in 37-37-201, MCA; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-37-201, MCA, within six months of the application date; and (d) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-22-201, MCA IMP: 37-1-131, 37-1-304, 37-37-201, MCA
REASON: The board is amending this rule and ARM 24.219.701 and 24.219.705 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to out-of-state LMFT applicants for licensure, while requirements for original LMFT applicants and candidates will be in ARM 24.219.701 and 24.219.705. The board determined it is reasonably necessary to amend this rule to align the standards for out-of-state applicants with the proper statutory authority. Following a review and recommendations by board staff, the board is amending this rule to facilitate licensure of those licensed in states or jurisdictions with requirements substantially equivalent to Montana's.
24.219.907 CBHPSS LICENSE REQUIREMENTS – ORIGINAL APPLICANTS (2) Applicants must meet the following requirements: (a) proof of completion of a training course with examination as described in ARM 24.219.912; (b) have a supervisor that meets the requirements in ARM 24.219.421; (c) attestation of having been diagnosed with and having received treatment for a behavioral health disorder as per 37-38-202, MCA; (d) attestation to being in recovery per 37-38-202, MCA, and ARM 24.219.301; (e) have completed a Federal Bureau of Investigation fingerprint background check per 37-38-202, MCA, within six months of the application date; and (f) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees. (4) Once certified, CBHPSS must clearly indicate their certification in all professional and private communications and may use the titles in 37-38-201, MCA.
AUTH: 37-1-131, 37-38-202, MCA
REASON: The board is amending this rule to address applicant questions by clearly setting forth the requirements for original CBHPSS certification. The board is consolidating supervision requirements for all license types in NEW RULE I to simplify and standardize the rules.
24.219.912 CBHPSS TRAINING COURSE AND EXAMINATIONS (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) through (s) remain the same.
AUTH: 37-1-131, 37-38-202, MCA
REASON: For clarity and simplification, the board is relocating application requirements for original applicants to ARM 24.219.907 and out-of-state applicants to ARM 24.219.923, and replacing "program" with "course" to match statutory language.
24.219.923 (2) Applicants must: (a) hold a current, active license in good standing in another state or jurisdiction for peer support under a scope of practice recognized in Montana. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards; (b) have completed a Federal Bureau of Investigation fingerprint background check per 37-38-202, MCA, within six months of the application date; and (c) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees. (4) Once certified, CBHPSS must clearly indicate their certification in all professional and private communications and may use the titles in 37-38-201, MCA.
AUTH: 37-1-131, 37-38-202, MCA IMP: 37-1-131, 37-1-304, 37-38-202, MCA
REASON: The board determined it is reasonably necessary to amend this rule to address confusion by clearly setting forth CBHPSS certification requirements for out-of-state applicants. The board is also amending this rule to align the standards for out-of-state applicants with the proper statutory authority. Following a review and recommendations by board staff, the board is amending this rule to facilitate certification of those licensed in states or jurisdictions with requirements substantially equivalent to Montana's.
24.219.5005 GAMBLING DISORDER EDUCATION REQUIREMENT FOR CURRENT (a) submit proof of completion of gambling disorder assessment and counseling education that meets the board's continuing education requirements in ARM 24.219.5017 and 24.219.5018; (b) meet any other board requirements for reactivation for an administratively suspended license; and (c) if the license is in expired status, meet the requirements for renewing an expired license per ARM 24.101.408. (2) Education obtained to meet this requirement can also count toward annual CE requirements described in ARM 24.219.5016.
AUTH: 37-1-131, 37-35-103, MCA IMP: 37-1-321,
REASON: The board determined it is reasonably necessary to amend this rule and remove obsolete requirements. Licensees who did not meet the requirement to obtain the gambling education credits by August 20, 2017, had their licenses placed on administrative suspension. The board is further amending this rule to outline the process for coming into compliance and being taken off administrative suspension for licensees still able to reactivate their licenses.
24.219.5006 (1) Applicants for LAC licensure not currently licensed in another state or jurisdiction must submit a completed application on forms provided by the department. Completed applications include appropriate fees and required documentation. (2) Applicants must meet the following education requirements: (a) have a degree that meets the requirements in 37-35-202(2)(a) or (b), MCA. A "comparable" degree is defined in 37-35-202(9), MCA; and (b) have completed 330 contact hours of training in addiction studies completed either in whole or in part of the degree in (a). If not all 330 required hours were completed as part of the degree, then the applicant can complete those outside of the degree in (a). The 330 hours must be in the following areas: (i) minimum of 60 hours in chemical dependency assessment and patient placement (must include chemical dependency assessment, biopsychosocial testing, diagnosis, referrals, and patient placement); (ii) minimum of 90 hours in counseling; (iii) minimum of 30 hours in pharmacology (must include drug classification, effects, detoxification, and withdrawal); (iv) minimum of 10 hours in ethics; (v) minimum of 30 hours in alcohol and drug studies; (vi) minimum of 30 hours in treatment planning and documentation; (vii) minimum of 20 hours in multicultural competency which includes knowledge of and sensitivity to the cultural factors and needs of diverse populations and demonstrates competency in applying culturally relevant skills; (viii) minimum of 30 hours in co-occurring disorders; and (ix) minimum of 30 hours in gambling/gaming disorder assessment and counseling. (3) In addition to the requirements in (1) and (2), applicants must: (a) have completed a supervised work experience that meets the requirements in ARM 24.219.5008; (b) have passed an examination as described in [NEW RULE VII] within four years of the date of the application; (c) have completed a Federal Bureau of Investigation fingerprint background check per 37-35-202, MCA, within six months of the application date; and (d) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-35-103, 37-35-202, MCA
REASON: The board is amending this rule and ARM 24.219.5007 and 24.219.5013 to separate and clearly set forth LAC licensure requirements by applicant type. Following amendment, this rule will apply solely to original applicants for LAC licensure, while requirements for candidates and out-of-state applicants will be in ARM 24.219.5007 and 24.219.5013. Additionally, the board is reducing the education hours in (2)(b) from 15 hours of ethics to 10 while increasing the number of multicultural competency hours from 15 to 20. The board concluded this change will more accurately capture the minimum education competencies necessary to practice in Montana.
24.219.5007 (2) Applicants must: (a) hold a current, active license in good standing in another state or jurisdiction to practice addiction counseling. At the time of application, the standards of that state or jurisdiction must be substantially equivalent to Montana standards; (b) have completed a Federal Bureau of Investigation fingerprint background check per 37-35-202, MCA, within six months of the application date; and (c) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (3) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-1-304, 37-35-103, 37-35-202, MCA
REASON: The board is amending this rule and ARM 24.219.5006 and 24.219.5013 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to out-of-state LAC applicants for licensure, while requirements for original LAC applicants and candidates will be in ARM 24.219.5006 and 24.219.5013. The board determined it is reasonably necessary to amend this rule to align the standards for out-of-state applicants with the proper statutory authority. Following a review and recommendations by board staff, the board is amending this rule to facilitate licensure of those licensed in states or jurisdictions with requirements substantially equivalent to Montana's.
24.219.5008 LAC SUPERVISED WORK EXPERIENCE REQUIREMENTS (1) Applicants applying under ARM 24.219.5006 must meet the supervised work experience requirement which includes: (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 under face-to-face supervision by the supervisor: (3) The 1000 hours of supervised work experience must be completed in not more than two different qualified treatment programs. (4) Candidates must clearly indicate they are an addiction counselor licensure candidate in all professional and private communications. (5) When an LAC candidate completes the requirements of (1) and (2) of this rule, the candidate will qualify for the examination per [NEW RULE VII]. Upon proof of passage of the examination, a candidate will be issued an LAC license without further application.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-35-103, 37-35-202, MCA
REASON: The board determined it is reasonably necessary to amend this rule to address confusion by clearly setting forth the experience requirements necessary for full LAC licensure. The board is consolidating record requirements for all license types in NEW RULE I to simplify and standardize the rules. The board is striking "licensed" from (1)(a) to remove potential confusion since the board does not license addiction counseling treatment programs. Instead the amendment specifies qualified treatment programs as referenced in 37-35-202, MCA, and defined in ARM 24.219.5010.
24.219.5010 QUALIFIED TREATMENT PROGRAM (2) Qualified treatment (a) through (f) remain the same. (3) Qualified treatment (a) through (e) remain the same. (4) Qualified treatment (a) through (e) remain the same.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-35-103, 37-35-202, MCA
REASON: The board is amending this rule to change "setting" to "program" to match statutory language.
24.219.5013 (1) Applicants for LAC candidate licenses apply using the same application as LAC applicants. (2) Applicants for LAC candidate must meet the following education requirements: (a) have a degree that meets the requirements in 37-35-202(2)(a) or (b), MCA. A "comparable" degree is defined in 37-35-202(9), MCA; and (b) have completed 330 contact hours of training in addiction studies completed either in whole or in part of the degree in (a). If not all 330 required hours were completed as part of the degree, then the applicant can complete those hours outside of the degree in (a). The 330 hours must be in the following areas: (i) minimum of 60 hours in chemical dependency assessment and patient placement (must include chemical dependency assessment, biopsychosocial testing, diagnosis, referrals, and patient placement); (ii) minimum of 90 hours in counseling; (iii) minimum of 30 hours in pharmacology (must include drug classification, effects, detoxification, and withdrawal); (iv) minimum of 10 hours in ethics for addiction counselors; (v) minimum of 30 hours in alcohol and drug studies; (vi) minimum of 30 hours in treatment planning and documentation; (vii) minimum of 20 hours in multicultural competency which includes knowledge of and sensitivity to the cultural factors and needs of diverse populations and demonstrates competency in applying culturally relevant skills; (viii) minimum of 30 hours in co-occurring disorders; and (ix) minimum of 30 hours in gambling/gaming disorder assessment and counseling. (3) In addition to the requirements in (1) and (2), applicants must: (a) have completed a Federal Bureau of Investigation fingerprint background check per 37-35-202, MCA, within six months of the application date; and (b) provide verification of any professional license(s) the applicant has ever held in any state or jurisdiction. (4) Incomplete applications will automatically expire one year from the date the fee was received. If an application expires, the applicant must reapply and pay all appropriate fees.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-35-103, 37-35-202, MCA
REASON: The board is amending this rule and ARM 24.219.5006 and 24.219.5007 to separate and clearly set forth licensure requirements by applicant type. Following amendment, this rule will apply solely to applicants for LAC candidates, while requirements for original and out-of-state LAC applicants will be in ARM 24.219.5006 and 24.219.5007. Additionally, the board is reducing the education hours in (2)(b) from 15 hours of ethics to 10 while increasing the number of multicultural competency hours from 15 to 20. The board concluded this change will more accurately capture the minimum education competencies necessary to practice in Montana.
5. The proposed new rules are as follows:
NEW RULE I GENERAL SUPERVISION AND RECORDKEEPING REQUIREMENTS – LCSW, LCPC, LMFT, AND CANDIDATES AND CBHPSS (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 as an LCSW, LCPC, LMFT, or LAC or seven years from the expiration of their candidate license if they do not obtain a Montana LCSW, LCPC, LMFT, or LAC 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 of candidates and CBHPSS 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 and [NEW RULE II] 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 board may request records from candidates and CBHPSS at any time. (8) The board 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 [NEW RULE II], and ARM 24.219.504, 24.219.604, 24.219.704, or 24.219.5008 are being met.
AUTH: 37-1-131, 37-22-201, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-22-301, 37-23-202, 37-35-103, 37-35-202, 37-37-201, 37-38-202, MCA
REASON: The board is adopting this new rule to consolidate supervised work experience recordkeeping provisions for all license types for simplicity and ease of use. The board is setting a records retention period for seven years from when a supervisor/supervisee relationship ends for consistency among supervised license types and to ensure candidates maintain records a minimum of two years after the maximum length of a candidate license. Additionally, to ensure both sides of the supervision relationship are represented in the records, the new rule will require that supervisors, as well as candidates, maintain supervision records. This change will help ensure a more complete documentation of the supervision, should discrepancies arise. In consolidating supervision and record requirements for all license types in this new rule, the board will no longer require candidates to submit supervision logs at the end of a candidacy for licensure. Supervisors and candidates will maintain records and ultimately attest to the candidate having complied with supervision requirements. The board determined it is reasonably necessary to add a specific time for records retention and hold licensees responsible to maintain documents instead of the department maintaining logs as part of a licensing record. These changes align with and facilitate the department's standardized application and records management procedures. To ensure that candidates are obtaining the necessary supervision throughout the term of their candidate license, the board is adding (8) to allow a random compliance audit of a percentage of actively licensed candidates.
NEW RULE II CHANGE OF SUPERVISOR (1) An LCSW, LCPC, LMFT, or LAC candidate or CBHPSS cannot practice without a supervisor as described in this chapter. (2) When there is a change in supervisor, using forms provided by the department: (a) the candidate or CBHPSS must notify the board at least ten business days prior to the change; (b) the new supervisor must notify the board at least ten business days prior to the change; and/or (c) the individual ceasing to supervise a candidate or CBHPSS must notify the board of termination of supervision within ten business days following termination of supervision. (3) The supervisor, candidate, or CBHPSS may be subject to disciplinary action for failure to report change in supervisor.
AUTH: 37-1-131, 37-22-201, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-22-301, 37-23-202, 37-35-103, 37-35-202, 37-37-201, 37-38-202, MCA
REASON: The board is consolidating change of supervisor requirements for all license types into this rule for simplicity, ease of use, and to require the use of department-provided forms. Current rules require only that candidates and CBHPSS licensees notify the board of supervision changes. To reduce confusion about when a supervision relationship has changed, this new rule requires that supervisors also notify the board. This change will help standardize the notification process and facilitate department efficiencies and recordkeeping.
NEW RULE III EXAMINATION – LCSW (1) The following examinations are approved for licensure: (a) Association of Social Work Boards (ASWB) clinical examination; or (b) other licensing examinations approved by the board. (2) Individuals who have not already passed an approved examination will be approved by department staff to register for the ASWB examination upon: (a) submission of a complete application under ARM 24.219.501 or 24.219.512 where all requirements with the exception of the examination have been met; or (b) proof of completion of supervised work experience requirements as described in ARM 24.219.504. (3) Applicants or candidates may not take the ASWB examination more than three times unless approved by the board 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.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is relocating specific LCSW examination standards and procedures in this new rule that applies to all methods of LCSW application and eliminates unnecessary duplication in multiple rules. The board is also adding the requirement to submit a study plan in (3) so applicants are aware of the minimum information required to petition to retake an exam after failing at least three times.
NEW RULE IV ADDITIONAL EDUCATION REPORTING – LCPC (1) Applicants whose education meets the requirements of 37-23-202(2), MCA, instead of 37-23-201(1)(a), MCA, who qualify for licensure in ARM 24.219.601, 24.219.605, or 24.219.612, must submit proof of having completed the additional graduate-level hours of education within five years from the date of licensure.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is relocating this requirement from ARM 24.219.603(3) since the requirement is not related to initial application requirements. People who need to show proof of having met this requirement have already been issued a license and are not applicants.
NEW RULE V EXAMINATION – LCPC (1) The examinations administered by the entities described in 37-23-202, MCA, are approved for licensure. (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 under ARM 24.219.601 or 24.219.612 where all requirements with the exception of the examination have been met; 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 by the board 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.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is relocating specific LCPC examination standards and procedures in this new rule that applies to all methods of LCPC application and eliminates unnecessary duplication in multiple rules. The board is also adding the requirement to submit a study plan in (3) so licensees are aware of the minimum information required to petition to retake an exam after failing at least three times.
NEW RULE VI EXAMINATION – LMFT (1) The following examinations are approved for licensure: (a) the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) examination in marriage and family therapy; or (b) other licensing examinations approved by the board. (2) Individuals who have not already passed an approved examination will be approved by department staff to register for the AMFTRB examination upon: (a) submission of a complete application under ARM 24.219.701 or 24.219.712 where all requirements with the exception of the examination have been met; or (b) proof of completion of supervised work experience requirements as described in ARM 24.219.705. (3) Applicants or candidates may not take the AMFTRB examination more than three times unless approved by the board 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.
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is relocating specific LMFT examination standards and procedures in this new rule that applies to all methods of LMFT application and eliminates unnecessary duplication in multiple rules. The board is also adding the requirement to submit a study plan in (3) so licensees are aware of the minimum information required to petition to retake an exam after failing at least three times.
NEW RULE VII EXAMINATION – LAC (1) The following examinations are approved for licensure: (a) Level 1 or Level 2 National Certification Commission for Addiction Professionals (NCC AP); (b) Northwest Certification II; (c) Southwest Certification II; or (d) International Certification and Reciprocity Consortium (IC&RC) Alcohol and Drug Counselor (ADC) examination or Advanced Alcohol and Drug Counselor (AADC) exam. (2) Individuals who have not already passed an approved examination can be approved by department staff to register for an examination upon: (a) submission of a complete application under ARM 24.219.5006 or 24.219.5007 where all requirements with the exception of the examination have been met; or (b) proof of completion of supervised work experience requirements as described in ARM 24.219.5008. (3) An applicant or candidate may not take the examination more than three times unless approved by the board to retake the examination. Applicants requesting to retake the examination must submit a request including but not limited to a specific study plan.
AUTH: 37-1-131, 37-35-103, 37-35-202, MCA IMP: 37-1-131, 37-35-103, 37-35-202, MCA
REASON: The board is consolidating LAC examination standards and procedures in this new rule that apply to all application methods and will eliminate unnecessary duplication in multiple rules. The board is also amending this rule for simplicity, better organization, and ease of use for the reader. In addition to the board-approved exams in (1), the board is adding the International Certification and Reciprocity Consortium (IC&RC) Alcohol and Drug Counselor (ADC) examination and Advanced Alcohol and Drug Counselor (AADC) exam to meet licensure qualifications. These two exams are widely accepted for addiction counseling licensure across the United States. The board is adding the requirement to submit a study plan in (3) so licensees are aware of the minimum information required when petitioning to retake an exam after failing at least three times.
6. The rules proposed to be repealed are as follows:
24.219.506 SOCIAL WORKER LICENSURE CANDIDATE REQUIREMENTS
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is repealing this rule as unnecessary as all relevant provisions are moving to NEW RULE II to consolidate changes of supervision for all candidates and CBHPSS.
24.219.603 LCPC EDUCATION REQUIREMENTS
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are in statute or moving to ARM 24.219.601 and 24.219.605.
24.219.703 LMFT EDUCATION REQUIREMENTS
AUTH: 37-1-131, 37-22-201, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are in statute or moving to ARM 24.219.701 and 24.219.705.
24.219.707 TEMPORARY PRACTICE PERMIT
AUTH: 37-1-131, 37-1-319, 37-22-201, MCA
REASON: The board is repealing this rule as an unnecessary restatement of 37-1-305, MCA.
24.219.901 DEFINITIONS
AUTH: 37-1-131, 37-38-102, 37-38-202, MCA IMP: 37-1-131, 37-38-102, 37-38-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant definitions are being consolidated in ARM 24.219.301.
24.219.902 SUPERVISOR QUALIFICATIONS
AUTH: 37-1-131, 37-38-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to ARM 24.219.421.
24.219.903 MILITARY TRAINING OR EXPERIENCE
AUTH: 37-1-145, MCA IMP: 37-1-145, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to ARM 24.219.415.
24.219.916 CBHPSS POST-CERTIFICATION CLINICAL SUPERVISION REQUIREMENTS
AUTH: 37-1-131, 37-38-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to NEW RULES I and II.
24.219.5001 DEFINITIONS
AUTH: 37-35-103, MCA IMP: 37-35-102, 37-35-103, MCA
REASON: The board is repealing this rule as unnecessary since all relevant definitions are being consolidated in ARM 24.219.301.
24.219.5003 MILITARY TRAINING OR EXPERIENCE
AUTH: 37-1-145, MCA IMP: 37-1-145, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to ARM 24.219.415.
24.219.5004 EDUCATION REQUIREMENT
AUTH: 37-35-103, MCA IMP: 37-35-103, 37-35-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are in statute or moving to ARM 24.219.5006 and 24.219.5008.
24.219.5009 SUPERVISOR QUALIFICATIONS
AUTH: 37-35-103, MCA IMP: 37-35-103, 37-35-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to ARM 24.219.421.
24.219.5011 NONRESIDENT LICENSED ADDICTION COUNSELOR SERVICES
AUTH: 37-35-103, MCA IMP: 37-35-201, MCA
REASON: The board is repealing this rule as an unnecessary restatement of 37-35-201, MCA.
24.219.5014 ADDICTION COUNSELOR LICENSURE CANDIDATE REQUIREMENTS
AUTH: 37-35-103, MCA IMP: 37-35-103, 37-35-202, MCA
REASON: The board is repealing this rule as unnecessary since all relevant provisions are moving to NEW RULES I and II.
7. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdbbh@mt.gov, and must be received no later than 5:00 p.m., November 15, 2019.
8. An electronic copy of this notice of public hearing is available at http://boards.bsd.dli.mt.gov/bbh (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.
9. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdbbh@mt.gov; or made by completing a request form at any rules hearing held by the agency.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
11. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.219.301, 24.219.415, 24.219.421, 24.219.501, 24.219.504, 24.219.505, 24.219.512, 24.219.601, 24.219.604, 24.219.605, 24.219.612, 24.219.701, 24.219.704, 24.219.705, 24.219.712, 24.219.907, 24.219.912, 24.219.923, 24.219.5005, 24.219.5006, 24.219.5007, 24.219.5008, 24.219.5010, and 24.219.5013 will not significantly and directly impact small businesses. Regarding the requirements of 2-4-111, MCA, the board has determined that the adoption of NEW RULES I through VII will not significantly and directly impact small businesses. Regarding the requirements of 2-4-111, MCA, the board has determined that the repeal of ARM 24.219.506, 24.219.603, 24.219.703, 24.219.707, 24.219.901, 24.219.902, 24.219.903, 24.219.916, 24.219.5001, 24.219.5003, 24.219.5004, 24.219.5009, 24.219.5011, and 24.219.5014 will not significantly and directly impact small businesses. Documentation of the board's above-stated determinations is available upon request to the Board of Behavioral Health, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2394; facsimile (406) 841-2305; or to dlibsdbbh@mt.gov.
12. Lucy Richards, Executive Officer, has been designated to preside over and conduct this hearing.
Certified to the Secretary of State October 8, 2019.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
