Bill Summary – FastDemocracy

68th Legislature                                                                                                      HB 101.1
                                                 HOUSE BILL NO. 101
                                            INTRODUCED BY J. GILLETTE
    BY REQUEST OF THE CHILDREN, FAMILIES, HEALTH, AND HUMAN SERVICES INTERIM COMMITTEE
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LICENSING RECIPROCITY PROVISIONS FOR OUT-
   OF-STATE PRACTITIONERS LICENSED BY THE BOARD OF BEHAVIORAL HEALTH; ESTABLISHING
   THAT LICENSURE IN ANOTHER STATE IS SUFFICIENT TO OBTAIN MONTANA LICENSURE FOR NEW
   RESIDENTS IF CERTAIN CONDITIONS EXIST; AND AMENDING SECTION 37-1-304, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.      Licensure reciprocity for out-of-state applicants. (1) The board shall
   issue a license as provided in this section to a person who moves to Montana and establishes residence in
   compliance with 1-1-215 if all of the following apply:
              (a)   The person is currently licensed as a clinical social worker, a baccalaureate social worker, or a
   master's social worker in at least one other state.
              (b)   The person has been licensed by another state for at least 1 year.
              (c)   The person's license is in good standing in all states in which the person holds a license.
              (d)   If the state in which the person is licensed set minimum education requirements and, if
   applicable, work experience and clinical supervision requirements at the time the person was licensed, the
   licensing authority in that state verifies that the person met those requirements when obtaining licensure in that
   state.
              (e)   The person previously passed an examination required for the license if required to do so by
   the state in which the license was issued.
              (f)   The person has not had a license revoked and has not voluntarily surrendered a license in any
   other state or country while under investigation for unprofessional conduct.
              (g)   A complaint, allegation, or investigation relating to unprofessional conduct is not pending
   against the person before a licensing authority in another state or country. If a complaint, allegation, or
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68th Legislature                                                                                                   HB 101.1
   investigation is pending, the board shall suspend the application process and may not issue or deny a license
   until the complaint, allegation, or investigation is resolved.
              (h)   The person has not been disciplined by another state licensing authority. If another jurisdiction
   has taken disciplinary action against the person, the board shall determine if the cause for the action was
   corrected and the matter resolved. If the matter has not been resolved by the jurisdiction having authority, the
   board may not issue or deny a license until the matter is resolved.
              (i)   The person pays all applicable fees.
              (j)   The person does not have a disqualifying criminal history as determined by the board pursuant
   to Title 37, chapter 1, part 2.
              (2)   A person licensed pursuant to this section is subject to the jurisdiction of the board and to the
   laws regulating the practice of social work in this state.
              (3)   The license may be issued if the applicant affirms or states in the application that the applicant
   has requested verification from the state or states in which the applicant is licensed that the applicant is
   currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or
   impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely
   affirmed or stated that the applicant has requested verification from another state, the board may summarily
   suspend the license pending further action to discipline or revoke the license.
              (4)   This section does not apply to:
              (a)   a person who is a candidate for licensure in another state and is not considered fully licensed
   in that state;
              (b)   criteria for a license that is established by an interstate compact; or
              (c)   the board's ability to require an applicant to submit fingerprints for a fingerprint-based check by
   the Montana department of justice and the federal bureau of investigation for noncriminal justice purposes.
              (5)   A license issued pursuant to this section is valid only in Montana and does not make the
   person eligible to be part of an interstate compact. The board may determine eligibility for an applicant to be
   licensed under this section if the applicant is not part of an interstate compact.
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              NEW SECTION. Section 2.       Licensure reciprocity for out-of-state applicants. (1) The board shall
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68th Legislature                                                                                                      HB 101.1
   issue a license as provided in this section to a person who moves to Montana and establishes residence in
   compliance with 1-1-215 if all of the following apply:
              (a)   The person is currently licensed as a clinical professional counselor in at least one other state.
              (b)   The person has been licensed by another state for at least 1 year.
              (c)   The person's license is in good standing in all states in which the person holds a license.
              (d)   If the state in which the person is licensed set minimum education requirements and, if
   applicable, work experience and clinical supervision requirements at the time the person was licensed, the
   licensing authority in that state verifies that the person met those requirements when obtaining licensure in that
   state.
              (e)   The person previously passed an examination required for the license if required to do so by
   the state in which the license was issued.
              (f)   The person has not had a license revoked and has not voluntarily surrendered a license in any
   other state or country while under investigation for unprofessional conduct.
              (g)   A complaint, allegation, or investigation relating to unprofessional conduct is not pending
   against the person before a licensing authority in another state or country. If a complaint, allegation, or
   investigation is pending, the board shall suspend the application process and may not issue or deny a license
   until the complaint, allegation, or investigation is resolved.
              (h)   The person has not been disciplined by another state licensing authority. If another jurisdiction
   has taken disciplinary action against the person, the board shall determine if the cause for the action was
   corrected and the matter resolved. If the matter has not been resolved by the jurisdiction having authority, the
   board may not issue or deny a license until the matter is resolved.
              (i)   The person pays all applicable fees.
              (j)   The person does not have a disqualifying criminal history as determined by the board pursuant
   to Title 37, chapter 1, part 2.
              (2)   A person licensed pursuant to this section is subject to the jurisdiction of the board and to the
   laws regulating the practice of professional counseling in this state.
              (3)   The license may be issued if the applicant affirms or states in the application that the applicant
   has requested verification from the state or states in which the applicant is licensed that the applicant is
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68th Legislature                                                                                                   HB 101.1
   currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or
   impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely
   affirmed or stated that the applicant has requested verification from another state, the board may summarily
   suspend the license pending further action to discipline or revoke the license.
              (4)   This section does not apply to:
              (a)   a person who is a candidate for licensure in another state and is not considered fully licensed
   in that state;
              (b)   criteria for a license that is established by an interstate compact; or
              (c)   the board's ability to require an applicant to submit fingerprints for a fingerprint-based check by
   the Montana department of justice and the federal bureau of investigation for noncriminal justice purposes.
              (5)   A license issued pursuant to this section is valid only in Montana and does not make the
   person eligible to be part of an interstate compact. The board may determine eligibility for an applicant to be
   licensed under this section if the applicant is not part of an interstate compact.
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              NEW SECTION. Section 3.      Licensure reciprocity for out-of-state applicants. (1) The board shall
   issue a license as provided in this section to a person who moves to Montana and establishes residence in
   compliance with 1-1-215 if all of the following apply:
              (a)   The person is currently licensed as an addiction counselor in at least one other state.
              (b)   The person has been licensed by another state for at least 1 year.
              (c)   The person's license is in good standing in all states in which the person holds a license.
              (d)   If the state in which the person is licensed set minimum education requirements and, if
   applicable, work experience and clinical supervision requirements at the time the person was licensed, the
   licensing authority in that state verifies that the person met those requirements when obtaining licensure in that
   state.
              (e)   The person previously passed an examination required for the license if required to do so by
   the state in which the license was issued.
              (f)   The person has not had a license revoked and has not voluntarily surrendered a license in any
   other state or country while under investigation for unprofessional conduct.
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68th Legislature                                                                                                      HB 101.1
              (g)   A complaint, allegation, or investigation relating to unprofessional conduct is not pending
   against the person before a licensing authority in another state or country. If a complaint, allegation, or
   investigation is pending, the board shall suspend the application process and may not issue or deny a license
   until the complaint, allegation, or investigation is resolved.
              (h)   The person has not been disciplined by another state licensing authority. If another jurisdiction
   has taken disciplinary action against the person, the board shall determine if the cause for the action was
   corrected and the matter resolved. If the matter has not been resolved by the jurisdiction having authority, the
   board may not issue or deny a license until the matter is resolved.
              (i)   The person pays all applicable fees.
              (j)   The person does not have a disqualifying criminal history as determined by the board pursuant
   to Title 37, chapter 1, part 2.
              (2)   A person licensed pursuant to this section is subject to the jurisdiction of the board and to the
   laws regulating the practice of addiction counseling in this state.
              (3)   The license may be issued if the applicant affirms or states in the application that the applicant
   has requested verification from the state or states in which the applicant is licensed that the applicant is
   currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or
   impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely
   affirmed or stated that the applicant has requested verification from another state, the board may summarily
   suspend the license pending further action to discipline or revoke the license.
              (4)   This section does not apply to:
              (a)   a person who is a candidate for licensure in another state and is not considered fully licensed
   in that state;
              (b)   criteria for a license that is established by an interstate compact; or
              (c)   the board's ability to require an applicant to submit fingerprints for a fingerprint-based check by
   the Montana department of justice and the federal bureau of investigation for noncriminal justice purposes.
              (5)   A license issued pursuant to this section is valid only in Montana and does not make the
   person eligible to be part of an interstate compact. The board may determine eligibility for an applicant to be
   licensed under this section if the applicant is not part of an interstate compact.
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68th Legislature                                                                                                      HB 101.1
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              NEW SECTION. Section 4.       Licensure reciprocity for out-of-state applicants. (1) The board shall
   issue a license as provided in this section to a person who moves to Montana and establishes residence in
   compliance with 1-1-215 if all of the following apply:
              (a)   The person is currently licensed as a marriage and family therapist in at least one other state.
              (b)   The person has been licensed by another state for at least 1 year.
              (c)   The person's license is in good standing in all states in which the person holds a license.
              (d)   If the state in which the person is licensed set minimum education requirements and, if
   applicable, work experience and clinical supervision requirements at the time the person was licensed, the
   licensing authority in that state verifies that the person met those requirements when obtaining licensure in that
   state.
              (e)   The person previously passed an examination required for the license if required to do so by
   the state in which the license was issued.
              (f)   The person has not had a license revoked and has not voluntarily surrendered a license in any
   other state or country while under investigation for unprofessional conduct.
              (g)   A complaint, allegation, or investigation relating to unprofessional conduct is not pending
   against the person before a licensing authority in another state or country. If a complaint, allegation, or
   investigation is pending, the board shall suspend the application process and may not issue or deny a license
   until the complaint, allegation, or investigation is resolved.
              (h)   The person has not been disciplined by another state licensing authority. If another jurisdiction
   has taken disciplinary action against the person, the board shall determine if the cause for the action was
   corrected and the matter resolved. If the matter has not been resolved by the jurisdiction having authority, the
   board may not issue or deny a license until the matter is resolved.
              (i)   The person pays all applicable fees.
              (j)   The person does not have a disqualifying criminal history as determined by the board pursuant
   to Title 37, chapter 1, part 2.
              (2)   A person licensed pursuant to this section is subject to the jurisdiction of the board and to the
   laws regulating the practice of marriage and family therapy in this state.
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68th Legislature                                                                                                    HB 101.1
              (3)    The license may be issued if the applicant affirms or states in the application that the applicant
   has requested verification from the state or states in which the applicant is licensed that the applicant is
   currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or
   impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely
   affirmed or stated that the applicant has requested verification from another state, the board may summarily
   suspend the license pending further action to discipline or revoke the license.
              (4)    This section does not apply to:
              (a)    a person who is a candidate for licensure in another state and is not considered fully licensed
   in that state;
              (b)    criteria for a license that is established by an interstate compact; or
              (c)    the board's ability to require an applicant to submit fingerprints for a fingerprint-based check by
   the Montana department of justice and the federal bureau of investigation for noncriminal justice purposes.
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