Montana Administrative Code

24.219.1001 GENERAL USE OF ASSESSMENT AND TESTING INSTRUMENTS 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…

24.219.1002 LICENSEES AUTHORIZED TO PERFORM PSYCHOLOGICAL ASSESSMENTS Psychological assessments may be performed by the following individuals: anLCSW, LCPC, or LMFTwho satisfies the requirements in ARM 24.219.1003(1), (3), (4), or (5); anLCSW, LCPC, or LMFTwho satisfies the requi…

24.219.1003 EDUCATIONAL REQUIREMENTS FOR PERFORMING PSYCHOLOGICAL ASSESSMENTS WITHOUT SUPERVISION Except as provided in (3), (4), and (5), an LCSW, LCPC, or LMFTmay engage in psychological assessments without supervision only if the licensee has completed and can document to the …

24.219.1004 LICENSEES QUALIFIED TO SUPERVISE PSYCHOLOGICAL ASSESSMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2015 MAR p. 2276, Eff. 12/25/15; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1005 COMPETENCE TO USE AND INTERPRET ASSESSMENT AND TESTING INSTRUMENTS 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, rela…

24.219.101 BOARD ORGANIZATION 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. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 198…

24.219.1011 INFORMED CONSENT IN THE USE OF ASSESSMENT AND TESTING INSTRUMENTS 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…

24.219.1014 RELEASE OF INFORMATION TO COMPETENT PROFESSIONALS OF ASSESSMENT AND TESTING INSTRUMENT RESULTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff…

24.219.1017 PROPER DIAGNOSIS OF MENTAL DISORDERS WITH THE USE OF ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/…

24.219.1020 TEST SELECTION IN THE USE AND INTERPRETATION OF ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.…

24.219.1023 CONDITIONS OF TEST ADMINISTRATION WHEN USING ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1026 DIVERSITY WHEN USING ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1029 TEST SCORING AND INTERPRETATION WHEN USING ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1032 TEST SECURITY WHEN USING ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1035 OBSOLETE TESTS AND OUTDATED TEST RESULTS WHEN USING ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/2…

24.219.1038 TEST CONSTRUCTION FOR ASSESSMENT AND TESTING INSTRUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 37-17-104, MCA Implementing statute(s): 37-17-104, MCA History: NEW, 2011 MAR p. 2153, Eff. 10/14/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1201 ORIENTING GUIDELINES 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 cons…

24.219.1205 ROLE OF THE LICENSEE 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…

24.219.1207 DUAL RELATIONSHIPS The licensee shall avoid dual relationships and other situations which might produce a conflict of interest when performing parenting plan evaluations. The licensee shall not conduct a parenting plan evaluation in a case in which the licensee has se…

24.219.1209 COMPETENCY (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1211 LIMITS OF CONFIDENTIALITY 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 exp…

24.219.1213 DISCLOSURE AND INFORMED CONSENT 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-ga…

24.219.1215 COLLECTION AND USE OF DATA (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-22-102, 37-22-201, 37-23-102, MCA History: NEW, 2011 MAR p. 2038, Eff. 9/23/11; REP, 2024 MAR p. 279, Eff. 2/10/24.

24.219.1217 DOCUMENTATION When licensees complete a parenting plan evaluation, they shall produce a written report of the findings and recommendations. Licensees shall retain all items presented to them or a copy thereof, that are used for consideration in formulating a professio…

24.219.2001 CONTINUING EDUCATION REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-37-101, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2019 MAR p. 339, Eff. 3/30/19; R…

24.219.2004 ACCREDITATION AND STANDARDS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-37-101, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2019 MAR p. 339, Eff. 3/30/19.

24.219.2007 REPORTING REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-37-101, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2019 MAR p. 339, Eff. 3/30/19.

24.219.201 PROCEDURAL RULES 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. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1984 MAR …

24.219.2010 CONTINUING EDUCATION NONCOMPLIANCE (REPEALED) Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-136, 37-1-306, 37-1-316, 37-37-101, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2019 MAR p. 339, Eff.…

24.219.204 PUBLIC PARTICIPATION The Board of Behavioral Health adopts and incorporatesthe public participation rules of the Department ofLabor and Industryas listed inchapter 2 of this title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW,…

24.219.2101 CONTINUING EDUCATION REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-22-201, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD…

24.219.2104 ACCREDITATION AND STANDARDS (REPEALED) Authorizing statute(s): 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339,…

24.219.2107 REPORTING REQUIREMENTS (REPEALED) Authorizing statute(s): 37-23-103, MCA Implementing statute(s): 37-23-205, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339, Eff. 3/30/19.

24.219.2110 CONTINUING EDUCATION NONCOMPLIANCE (REPEALED) Authorizing statute(s): 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commer…

24.219.2201 CONTINUING EDUCATION REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-306, 37-1-319, 37-1-321, 37-22-201, MCA History: NEW, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD,…

24.219.2204 ACCREDITATION AND STANDARDS (REPEALED) Authorizing statute(s): 37-1-319, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339, Eff. 3/30/1…

24.219.2207 REPORTING REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-23-103, MCA Implementing statute(s): 37-23-101, 37-23-103, 37-23-205, 37-23-211, MCA History: NEW, 1987 MAR p. 479, Eff. 5/1/87; TRANS, from Commerce, 2004 MAR p. 1477; REP, 2019 MAR p. 339, Eff. 3…

24.219.2210 CONTINUING EDUCATION NONCOMPLIANCE (REPEALED) Authorizing statute(s): 37-1-319, MCA Implementing statute(s): 37-1-306, MCA History: NEW, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1/29/88; AMD, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR…

24.219.2301 UNPROFESSIONAL CONDUCT AND CODE OF ETHICS – LCSW, LMSW, LBSW, LCPC, LMFT, LAC, CBHPSS, CFPSS, AND LCSW, LMSW, LBSW, LCPC, LMFT, AND LAC CANDIDATES In addition to the provisions of 37-1-316, MCA, the following are unprofessional conduct. A licensee shall not: fail to r…

24.219.2305 UNPROFESSIONAL CONDUCT FOR PROFESSIONAL COUNSELORS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-316, 37-1-319, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1994 MAR p. 298, Eff. 2/11/94; AMD, 19…

24.219.2309 UNPROFESSIONAL CONDUCT FOR MARRIAGE AND FAMILY THERAPISTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-136, 37-1-319, 37-22-201, MCA Implementing statute(s): 37-1-131, 37-1-136, 37-1-316, 37-37-101, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; REP, 2020 MAR…

24.219.2401 COMPLAINT PROCEDURE (REPEALED) Authorizing statute(s): 37-1-131, 37-22-201, MCA Implementing statute(s): 37-1-308, 37-1-309, MCA History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2014 MAR p. 2471, Eff. 10/10/14; REP, 2016 MAR p. …

24.219.2404 SCREENING PANEL (REPEALED) (REPEALED) Authorizing statute(s): 37-22-201, MCA Implementing statute(s): 37-1-307, MCA History: NEW, 1997 MAR p. 986, Eff. 6/3/97; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2016 MAR p. 221, Eff. 2/6/16; REP, 2024 MAR p. 279, Eff. 2/10/2…

24.219.301 DEFINITIONS "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 function…

24.219.401 FEE SCHEDULE Application fee LCSW, LMSW, LBSW, LCPC, LMFT $200. LAC $250. CBHPSS, CFPSS $125. LCSW, LMSW, LBSW, LCPC, LMFT candidates $200. LAC candidate $250. Renewal fee for active status LCSW, LMSW, LBSW, LCPC, LMFT $149. LAC $128. CBHPSS, CFPSS $93. Renewal fee for…

24.219.402 APPLICATION FOR LICENSURE Each application for licensure from the board must include: a completed application form; the initial license fee; verification of applicable educational, examination, and experience requirements; and a Federal Bureau of Investigation fingerpr…

24.219.403 EXAMINATIONS The following examinations are approved for licensure. LCSW: Association of Social Work Boards (ASWB) clinical examination; LMSW: ASWB master's examination; LBSW: ASWB bachelor's examination; LCPC: National Board for Certified Counselors (NBCC) National Co…

24.219.405 FEE SCHEDULE FOR PROFESSIONAL COUNSELORS (REPEALED) Authorizing statute(s): 37-1-134, 37-22-201, MCA Implementing statute(s): 37-1-134, 37-1-141, 37-23-206, MCA History: NEW, 1986 MAR p. 662, Eff. 4/25/86; AMD, 1987 MAR p. 479, Eff. 5/1/87; AMD, 1988 MAR p. 169, Eff. 1…

24.219.409 FEE SCHEDULE FOR MARRIAGE AND FAMILY THERAPISTS (REPEALED) Authorizing statute(s): 37-1-134, 37-37-201, MCA Implementing statute(s): 37-1-134, 37-1-141, 37-37-201, MCA History: NEW, 2011 MAR p. 2158, Eff. 10/14/11; AMD, 2012 MAR p. 2467, Eff. 12/7/12; AMD, 2016 MAR p. …

24.219.411 NONROUTINE APPLICATIONS For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. Nonroutine applications must be reviewed and approved by the board before a license may be is…