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Montana Administrative Register Notice 24-219-32 No. 6   03/29/2019    
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                    BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                              AND THE BOARD OF BEHAVIORAL HEALTH

                                                 STATE OF MONTANA

 

In the matter of the amendment of ARM 24.101.413, 24.154.403, 24.154.2107, 24.219.201, 24.219.401, 24.219.405, 24.219.409, 24.219.415, 24.219.2001, 24.219.2101, 24.219.2201, and the repeal of 24.219.933, 24.219.2004, 24.219.2007, 24.219.2010, 24.219.2104, 24.219.2107, 24.219.2110, 24.219.2204, 24.219.2207, and 24.219.2210 pertaining to renewal dates and requirements, military training or experience, continuing education procedures and documentation, procedural rules, fee schedules, continuing education requirements, accreditation and standards, reporting requirements, and continuing education noncompliance

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NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

            1. On January 11, 2019, the Board of Behavioral Health (board) published MAR Notice No. 24-219-32 regarding the public hearing on the proposed amendment and repeal of the above-stated rules, at page 20 of the 2019 Montana Administrative Register, Issue No. 1.

 

            2. On February 4, 2019, a public hearing was held on the proposed amendment and repeal of the above-stated rules in Helena. Several comments were received by the February 8, 2019, deadline.

 

            3. The board has thoroughly considered the comments received. A summary of the comments and the board responses are as follows:

 

COMMENT 1:  Multiple commenters thanked the board for notifying them of the proposed rulemaking.

 

RESPONSE 1:  The board appreciates all comments received during the rulemaking process.

 

COMMENT 2:  Many commenters stated appreciation for the board's work to clean up these rules and stated they had no concerns with the proposed changes.

 

RESPONSE 2:  The board appreciates all comments received during the rulemaking process.

 

COMMENT 3: One commenter stated the proposed changes would save counselors money by not having to pay a fee and asked if there would still be a list of approved courses online.

 

RESPONSE 3:  The board agrees that not approving continuing education (CE) sponsors or courses may result in a cost savings for licensees.  There will no longer be a list of approved courses online as it will be up to licensees to choose CE that meets the professional education objectives set forth in the respective rules.

 

COMMENT 4: A commenter believed that requiring 20 hours annually for those licensed before July 1 but only ten hours for those licensed after July 1 is confusing and further suggested requiring 20 hours annually with an option for exceptions.

 

RESPONSE 4: The suggested change exceeds the scope of this rulemaking and cannot be accomplished in a final notice. The board may explore the suggestion in a future rulemaking project.

 

            4. The department has amended ARM 24.101.413 exactly as proposed.

 

            5. The board has amended ARM 24.154.403, 24.154.2107, 24.219.201, 24.219.401, 24.219.405, 24.219.409, 24.219.415, 24.219.2001, 24.219.2101, and 24.219.2201 exactly as proposed.

 

            6. The board has repealed ARM 24.219.933, 24.219.2004, 24.219.2007, 24.219.2010, 24.219.2104, 24.219.2107, 24.219.2110, 24.219.2204, 24.219.2207, and 24.219.2210 exactly as proposed.

 

 

 

BOARD OF BEHAVIORAL HEALTH

DR. PETER DEGEL, LCPC

CHAIRPERSON

 

 

/s/ DARCEE L. MOE

Darcee L. Moe

Rule Reviewer

/s/ GALEN HOLLENBAUGH

Galen Hollenbaugh, Commissioner

DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State March 19, 2019.

 

 

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