Montana Administrative Register Notice 24-189-32 No. 3   02/11/2010    
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                                                                          STATE OF MONTANA


In the matter of the amendment of ARM 24.189.301 definitions, 24.189.607 supervisory experience, and 24.189.2104 and 24.189.2107 pertaining to continuing education








TO:  All Concerned Persons


            1.  On March 4, 2010, at 9:30 a.m., a public hearing will be held in room 430, 301 South Park Avenue, Helena, Montana to consider the proposed amendment 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 Psychologists (board) no later than 5:00 p.m., on February 26, 2010, to advise us of the nature of the accommodation that you need.  Please contact Cheryl Brandt, Board of Psychologists, 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; e-mail dlibsdpsy@mt.gov.


            3.  The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:


            24.189.301  DEFINITIONS  As used in this chapter, the following definitions apply:

            (1) remains the same.

            (2)  "One year's academic residency" means 18 semester hours or 27 quarter hours earned on a full-time or part-time basis continuous, full time, active engagement by the student in the elements of the training program while the student is physically present during one academic year at the educational institution granting the doctoral degree.

            (a)  Critical components of the residency must include:

            (i)  adequate opportunity for the resident to:

            (A)  concentrate on required coursework;

            (B)  obtain professional training and scholarship;

            (C)  work closely with professors, supervisors, and other students; and

            (D)  acquire the habits, skills, knowledge, and insights necessary for attaining a doctoral degree in psychology; and

            (ii)  adequate time for faculty, training staff, supervisors, and administrators to adequately assess all elements of the student's competence including, at a minimum:

            (A)  emotional stability and well-being;

            (B)  interpersonal competence;

            (C)  professional development; and

            (D)  personal fitness to practice psychology.

            (b)  The year of residency that uses face-to-face contact for shorter durations throughout the year or that uses video teleconferencing or other electronic means is not acceptable.

            (c)  The year of acceptable academic residency experience shall consist of two semesters or three quarters with continuous experience on campus, in no less than three month increments, and be accrued in no more than 18 months.

            (d)  Full-time experience shall consist of at least 30 hours on campus per week, but no more than 45 hours per week each contiguous week of the semester or quarter.  The board will consider situations that are not full-time on a case-by-case basis.

            (a) (e)   The residency must be accumulated in not less than nine months and not more than 18 months and must include student-to-faculty contact involving face-to-face (personal) group courses.  Active engagement in the elements of the training program shall be fully documented by a log of residency activities on a form prescribed by the board and signed by the student's academic advisor.  Such educational meetings residency activities must:

            (i)  include both faculty-to-student and student-to-student face-to-face (personal) interaction;

            (ii) through (iv) remain the same.

            (b) remains the same but is renumbered (f).

            (g)  Video conferencing will not be allowed to satisfy the requirements of the academic residency.

            (c) remains the same but is renumbered (h).

            (3) remains the same.


            AUTH:  37-1-131, 37-17-202, MCA

            IMP:     37-1-131, 37-17-101, 37-17-302, MCA


REASON:  The board is amending this rule to clarify the definition of one year's academic residency as part of an applicant's minimum standards in ARM 24.189.604.  The board is required under 37-17-302, MCA, to set minimum educational standards for psychology applicants with doctoral degrees from graduate programs that are not approved by the American Psychological Association.       The board determined it is reasonably necessary to amend the current definition to more thoroughly and completely delineate the specific components of the residency requirement.  This amendment will benefit the board and applicants throughout the application review process.  Implementation cites are being amended to accurately reflect all statutes implemented through the rule.


            24.189.607  REQUIRED SUPERVISED EXPERIENCE  (1) through (4)(a) remain the same.

            (b)  be obtained over a period of no more than five calendar years.  The board may review and approve written requests for additional time in which to complete the postdoctoral supervision in situations where personal or professional matters may necessitate an extension;

            (c) through (13) remain the same.


            AUTH:  37-1-131, 37-17-202, MCA

            IMP:     37-17-302, MCA


REASON:  The board is amending this rule to address applicants' postdoctoral supervision when it occurs beyond the five-year time limit.  A few applicants have requested the board grant additional time for the completion of their postdoctoral supervision.  The board concluded that there may be situations where an extension is warranted and is amending this rule to allow additional time following board review.



            (1)  Acceptable continuing education may be chosen from (a), (b), or (c), or (d) below.  No more than 20 of the total continuing education units required can be met by (b) and up to 15 continuing education units can be met by (c).

            (a)(i) through (c) remain the same.

            (d)  Psychologist board members may receive continuing education credit of up to eight hours per calendar year for their attendance of board meetings.


            AUTH:  37-1-306, 37-1-319, 37-17-202, MCA

            IMP:     37-1-306, 37-17-202, MCA


REASON:  The board is amending this rule to allow psychologist board members to receive some continuing education (CE) credit for attendance at board meetings.  Noting the amount of necessary research and the steep learning curve required to become current on many board issues for these meetings, the board concluded it is reasonably necessary to allow limited CE credits for participation in these meetings.  The board is striking an erroneous authority cite to accurately reflect the statutory sources of the board's rulemaking authority.


            24.189.2107  CONTINUING EDUCATION IMPLEMENTATION  (1) through (2)(e) remain the same,

            (f)  The board will randomly audit 50 25 percent of the licensees attesting to continuing education in addition to all licensees requiring a plan.  Certificates of completion or programs for continuing education credits reported must be submitted upon request of the board.  Any continuing education noncompliance determined by the audit may be handled by the board as a disciplinary matter.


            AUTH:  37-1-319, 37-17-202, MCA

            IMP:     37-1-131, 37-1-141, 37-1-306, 37-17-202, MCA


REASON:  In 2005, the board initially set random continuing education (CE) audits at 50 percent of all renewed licensees.  The board has determined that decreasing the audit percentage to 25 percent will provide an adequate measure of overall licensee compliance with CE requirements, while alleviating the workload of the board.


            4.  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 Psychologists, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or by e-mail to dlibsdpsy@mt.gov, and must be received no later than 5:00 p.m., March 12, 2010.


            5.  An electronic copy of this Notice of Public Hearing is available through the department and board's site on the World Wide Web at www.psy.mt.gov.  The department strives to make the electronic copy of this Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.


            6.  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 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 Psychologists, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, faxed to the office at (406) 841-2305, e-mailed to dlibsdpsy@mt.gov, or made by completing a request form at any rules hearing held by the agency.


            7.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


            8.  Darcee Moe, attorney, has been designated to preside over and conduct this hearing.


                                                                     BOARD OF PSYCHOLOGISTS

                                                                     GEORGE WATSON, PhD., CHAIRPERSON


/s/ DARCEE L. MOE                                 /s/ KEITH KELLY

Darcee L. Moe                                           Keith Kelly, Commissioner

Alternate Rule Reviewer                            DEPARTMENT OF LABOR AND INDUSTRY



            Certified to the Secretary of State February 1, 2010


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