Mont. Admin. r. 24.219.301 - DEFINITIONS
(1) "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.
(2) "Candidate"
means an individual as defined in [HB 137 (2023) Section 9]
(3) "CBHPSS" means a certified behavioral
health peer support specialist.
(4)
"Client" means a recipient of services performed by licensees in this
chapter.
(5) "Clinical setting" for
purposes of LCPC experience requirements means any public and/or private agency
whose primary functions are to provide services as defined in [House Bill 137
(2023), Section 2 (11)].
(6)
"Contact hour" means academic coursework, approved workshop training, or an
approved home study course that is completed hour-for-hour.
(7) "Co-occurring disorder" means the
existence of any addiction-related disorder and any other physical and or
mental health disorder.
(8) "Direct
client contact" means physical presence, telephonic presence, or interactive
video link presence of the client, client family member, or client
representative.
(9) "Direct
observation of service delivery" means participation in the service delivery,
observation through a two-way mirror, observation of a video or audiotape of
the service delivery, or observation through an interactive video link of the
service delivery.
(10) "Dual
relationship" means a situation in which a licensee is in a professional role
with a person and:
(a) at the same time is in
another role with the same person;
(b) at the same time is in a relationship
with a person closely associated with or related to the person with whom the
licensee has the professional relationship; or
(c) promises to enter into another
relationship in the future with the person or a person closely associated with
or related to the person.
(11) "Exploit" means to manipulate or attempt
to manipulate or use a professional relationship with a client, former client,
student, employee, supervisor, supervisee, or research participant for:
(a) the licensee's emotional, financial,
romantic, sexual, or personal advantage; or
(b) the advancement of the licensee's
personal, religious, political, or business interests.
(12) "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.
(13) "Independent practice" means the
practice of social work by an LCSW who assumes responsibility and
accountability for the nature and quality of the services provided to the
client in exchange for direct payment or third-party reimbursement.
(14) "LAC" means licensed addiction counselor
licensed under Title 37, chapter 39, MCA.
(15) "LBSW" means licensed baccalaureate
social worker licensed under Title 37, chapter 39, MCA.
(16) "LCPC" means licensed clinical
professional counselor licensed under Title 37, chapter 39, MCA.
(17) "LCSW" means licensed clinical social
worker licensed under Title 37, chapter 39, MCA.
(18) "LMFT" means licensed marriage and
family therapist licensed under Title 37, chapter 39, MCA.
(19) "LMSW" means licensed master's social
worker licensed under Title 37, chapter 39, MCA.
(20) "Psychosocial methods" means those
professional techniques which are identified as clinical in nature and:
(a) enhance the problem solving and coping
capacity of people;
(b) link people
with systems that provide them with resources, services, and
opportunities;
(c) promote
effective and humane operation of these systems; and
(d) contribute to the development and
improvement of social policy.
(21) "Psychotherapy and counseling" means the
therapeutic process of:
(a) conducting
assessments and diagnoses for the purpose of establishing treatment goals and
objectives; or
(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.
(22) "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. Applicants
must attest that recovery does not include any period of incarceration, or
hospitalization or any inpatient admission related to a behavioral health
disorder that exceeds 72 hours, within the two years immediately preceding
application. Applicants with a diagnosed chemical dependency must be two years
into sustained remission as defined in the Diagnostic and Statistical Manual of
Mental Disorders, meaning the applicant has not had any symptoms except a
strong desire or urge to drink alcohol.
(23) "Sexual contact" includes but is not
limited to electronic exploitation, sexual intercourse, either genital or anal,
cunnilingus, fellatio, or the handling of the breasts, genital areas, buttocks,
or thighs, whether clothed or unclothed either by the licensee or the
client.
(24) "Sexual harassment"
includes deliberate or repeated comments, gestures, or physical contact of a
sexual nature that are unwelcome by the recipient.
(25) "Significant monetary value" means more
than a de minimis value exceeding $25.
(26) "Supervised work experience" means the
requirements 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.
(27) "Supervisor" means
a person who meets the criteria set forth in ARM
24.219.421.
Notes
AUTH: 37-1-131, [House Bill 137 (2023), Section 3], MCA; IMP: 37-1-131, [House Bill 137 (2023), Section 5], [House Bill 137 (2023), Section 9], [House Bill 137 (2023), Section 10], [House Bill 137 (2023), Section 11], [House Bill 137 (2023), Section 12], [House Bill 137 (2023), Section 13], [House Bill 137 (2023), Section 14], MCA
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