Rule: 24.189.2305 Prev     Up     Next    
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Subchapter: Unprofessional Conduct
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) In regard to conduct in the integrity of the profession, a licensee:

(a) shall not create an unreasonable risk of physical or mental harm or serious financial loss to the client, such as malpractice or an act or acts below the standard of care for psychologists, whether actual physical or mental injury or harm was suffered by the client;

(b) shall not provide any services in the practice of psychology except those services within the scope of the licensee's education, training, supervised experience or appropriate professional experience;

(c) shall not participate in activities in which it appears likely that the psychologist's skills or data will be misused by others, unless corrective mechanisms are available.

(2) In regard to disclosure and obligation to report, a licensee:

(a) shall disclose fees and confidentiality prior to initiating the defined professional relationship with clients, except in the case of a clinical emergency. Upon initiating the defined professional relationship there must be a discussion of the nature and anticipated course of contracted services, limitations of confidentiality and modalities of communication by which treatment is provided, and mandated reporting situations. When services rendered involve more than one interested party, the psychologist shall clarify the dimensions of confidentiality and professional responsibility to all participating parties;

(b) who has substantial reason to believe that there has been a violation of the statutes or rules of the board, shall so inform the board in writing. However, when the information regarding such violation is obtained in a defined professional relationship with a client, the psychologist shall report it only with the written permission of the client;

(c) shall, when initiating conjoint services to several persons who have a relationship (e.g. familial, communal or business), attempt to clarify which of the individuals are clients and the relationship the psychologist will have with each person. This clarification includes the role of the psychologist and the probable uses of the services provided or the information obtained;

(d) shall keep the client fully informed as to the purpose and nature of any evaluation, treatment or other procedures, and of the client's right to freedom of choice regarding services provided;

(e) shall not undertake research on human subjects without a study of the potential effects of the research on the subjects, and shall not undertake research on human subjects without full disclosure of risks to the subjects.

(3) In regard to judicial or disciplinary situations, a licensee or license applicant:

(a) shall cooperate with an investigation by:

(i) furnishing any papers or documents in the possession and under the control of the licensee, as per the appropriate health care records act;

(ii) furnishing in writing a full and complete explanation covering the matter contained in the complaint; and

(iii) responding to subpoenas issued by the board or the department, whether or not the recipient of the subpoena is the respondent in the proceedings.

(b) a psychologist shall not offer, undertake or agree to cure or treat disease or affliction by a secret method, procedure or treatment; nor shall the psychologist treat, operate or prescribe for any health condition by a method, means or procedure which the licensee refuses to divulge upon demand from the board.

(4) Psychologists may only operate within their areas of competence and shall seek appropriate supervision when necessary.

(5) A psychologist must understand the construction/administration/ interpretation of the test procedures the psychologist employs.

(6) Psychologists must maintain current knowledge of scientific, professional, and legal developments within their area of claimed competence and use that knowledge, consistent with accepted clinical and scientific standards, in selecting current data collection methods and procedures for an evaluation.

(7) The psychologist shall be aware of personal and societal biases and engage in nondiscriminatory practice. The psychologist shall be aware of how biases regarding age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, language, culture, and socioeconomic status may interfere with an objective evaluation and recommendations, and shall strive to overcome any such biases or withdraw from the evaluation.

(8) Psychologists shall recognize and state any limitations of their assessments and reports.

(9) Psychologists 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, psychologists shall first offer alternative steps such as providing the information in the form of a report, or releasing the information to another psychologist 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.

(10) Psychologists shall avoid dual relationships and other situations which might produce a conflict of interest.

(11) Psychologists shall inform all participants, including clients, as to the limits of confidentiality which can be expected with regard to any information they may provide to the psychologist over the course of the evaluation. This includes the limits of confidentiality applicable to the general practice of psychology, 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.

(12) Psychologists shall not commit an act of sexual abuse, sexual misconduct, or sexual exploitation, whether or not related to the licensee's practice of psychology.


History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2017 MAR p. 1654, Eff. 9/23/17.


MAR Notices Effective From Effective To History Notes
24-189-36 9/23/2017 Current History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282; AMD, 2017 MAR p. 1654, Eff. 9/23/17.
7/2/2004 9/23/2017 History: 37-1-131, 37-1-319, 37-17-202, MCA; IMP, 37-1-131, 37-1-316, 37-17-101, MCA; NEW, 1998 MAR p. 927, Eff. 4/17/98; AMD, 2004 MAR p. 1474, Eff. 7/2/04; TRANS, from Commerce, 2004 MAR p. 2282.
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