Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               HB 137.1
                                                 HOUSE BILL NO. 137
                                           INTRODUCED BY G. OBLANDER
                        BY REQUEST OF THE DEPARTMENT OF LABOR AND INDUSTRY
  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LICENSING AND CERTIFICATION
  REQUIREMENTS FOR BEHAVIORAL HEALTH PRACTITIONERS; ESTABLISHING EXPERIENCE AND
  EDUCATION REQUIREMENTS; PROVIDING CONFIDENTIALITY; PROVIDING IMMUNITY; PROVIDING
  RULEMAKING AUTHORITY; AMENDING SECTIONS 20-4-502, 20-9-327, 27-1-1101, 33-30-1019, 33-30-
  1020, 37-1-401, 37-17-104, 41-3-127, 45-5-231, 45-5-501, 45-5-601, 45-5-709, 53-6-101, AND 53-21-102,
  MCA; AND REPEALING SECTIONS 37-22-101, 37-22-102, 37-22-103, 37-22-201, 37-22-301, 37-22-302, 37-
  22-305, 37-22-307, 37-22-308, 37-22-313, 37-22-401, 37-22-411, 37-22-412, 37-23-101, 37-23-102, 37-23-
  201, 37-23-202, 37-23-203, 37-23-206, 37-23-213, 37-23-301, 37-23-311, 37-23-312, 37-35-101, 37-35-102,
  37-35-103, 37-35-201, 37-35-202, 37-35-204, 37-37-101, 37-37-102, 37-37-201, 37-37-202, 37-37-205, 37-37-
  301, 37-37-302, 37-38-101, 37-38-102, 37-38-106, 37-38-201, AND 37-38-202, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           NEW SECTION. Section 1.         Purpose. The practices of social work, professional counseling, marriage
  and family therapy, addiction counseling, and behavioral health peer support in the state of Montana are
  professional behavioral health practices affecting the public health, safety, and welfare and are subject to
  regulation and control in the public interest. It is a matter of public interest and concern that the collective
  practices of these professions warrant and receive the confidence of the public and that only qualified persons
  be permitted to practice in the behavioral health field from within or outside of Montana and engage with
  behavioral health clients located within the state. [Sections 1 through 14] must be liberally construed to carry
  out these objectives and purposes.
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           NEW SECTION. Section 2.         Definitions. As used in [sections 1 through 14], the following definitions
  apply:
           (1)     "Addiction" means the condition or state in which an individual is physiologically or
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68th Legislature 2023                                                                                            HB 137.1
  psychologically dependent on alcohol or other drugs. The term includes chemical dependency as defined in 53-
  24-103.
            (2)    “Addiction counseling" means using the knowledge and skill necessary to provide the
  therapeutic process of addiction treatment.
            (3)    “Approved examination” means a standardized test or examination of behavioral health
  knowledge, skills, and abilities that is approved by the board.
            (4)    “Approved program” means a behavioral health educational program accredited or sponsored
  by an entity that is recognized at the national, regional, or state level and approved by the board.
            (5)    "Approved supervisor” means a supervisor determined by the board to meet standards
  established by the board for supervision of clinical services.
            (6)    “Baccalaureate social work” means the application of social work theory, knowledge, methods,
  ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial
  functioning of individuals, couples, families, groups, organizations, and communities. Baccalaureate social work
  is generalist practice that includes assessment, planning, intervention, evaluation, case management,
  information and referral, counseling, supervision, consultation, education, advocacy, community organization,
  research, and the development, implementation, and administration of policies, programs, and activities.
            (7)    “Behavioral health” means the practices of social work, professional counseling, marriage and
  family therapy, addiction counseling, and peer support regulated under [sections 1 through 14].
            (8)    "Behavioral health disorder" is a diagnosis of:
            (a)    a mental disorder as defined in 53-21-102; or
            (b)    chemical dependency as defined in 53-24-103.
            (9)    "Behavioral health peer support" means the use of personal experience with a behavioral
  health disorder to provide support, mentoring, guidance, and advocacy to individuals with behavioral health
  disorders while under the supervision of a mental health professional in an amount, duration, and scope
  appropriate to the setting and the demonstrated competency and experience of the peer support specialist.
            (10)   "Board" means the board of behavioral health provided for in 2-15-1744.
            (11)   "Clinical professional counseling" means engaging in methods and techniques that include:
            (a)    counseling, which means the therapeutic process of:
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68th Legislature 2023                                                                                             HB 137.1
          (i)      conducting assessments and diagnoses for the purpose of establishing treatment goals and
  objectives; or
          (ii)     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;
          (b)      assessment, which means selecting, administering, scoring, and interpreting instruments,
  including psychological tests, evaluations, and assessments, designed to assess an individual's aptitudes,
  attitudes, abilities, achievement, interests, and personal characteristics and using nonstandardized methods
  and techniques for understanding human behavior in relation to coping with, adapting to, or changing life
  situations;
          (c)      counseling treatment intervention, which means those cognitive, affective, behavioral, and
  systemic counseling strategies, techniques, and methods common to the behavioral sciences that are
  specifically implemented in the context of a therapeutic relationship, including techniques to treat the perception
  of chronic pain. Other treatment interventions include developmental counseling, guidance, and consulting to
  facilitate normal growth and development, including educational and career development.
          (d)      referral, which means evaluating information to identify needs or problems of an individual and
  to determine the advisability of referral to other specialists, informing the individual of the judgment, and
  communicating as requested or considered appropriate with the referral sources.
          (12)     (a) "Clinical social work" means the application of professional social work knowledge, skills,
  and values in the differential diagnosis and treatment of psychosocial function, disability, or impairment,
  including emotional, mental, and behavioral disorders and the perception of chronic pain. Treatment includes a
  plan based on a differential diagnosis. Treatment may include but is not limited to the provision of
  psychotherapy to individuals, couples, families, and groups across the life span. A clinical social work licensee
  may also provide the services of baccalaureate and master’s social work.
          (b)      The term includes the performance of psychological testing, evaluation, and assessment if the
  licensee is qualified to administer testing and make evaluations and assessments pursuant to 37-17-104.
          (13)     “Department” means the department of labor and industry provided for in 2-15-1701.
          (14)     "Licensee" means an individual licensed under [sections 1 through 14] to practice social work,
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68th Legislature 2023                                                                                           HB 137.1
  clinical professional counseling, addiction counseling, or marriage and family therapy or certified to provide
  behavioral health peer support.
          (15)     "Marriage and family therapy" means the diagnosis and treatment of mental and emotional
  disorders within the context of interpersonal relationships, including marriage and family systems. Marriage and
  family therapy involves:
          (a)      the professional application of psychotherapeutic and family system theories and techniques,
  counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples,
  and families;
          (b)      the provision of professional marriage and family therapy services to individuals, couples, and
  families, singly or in groups, either directly or through public or private organizations; and
          (c)      the performance of psychological testing, evaluation, and assessment if the licensee is
  qualified to administer testing and make evaluations pursuant to 37-17-104.
          (16)     “Master’s social work” means the application of social work theory, knowledge, methods, and
  ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial
  functioning of individuals, couples, families, groups, organizations, and communities. Master’s social work
  includes the application of specialized knowledge and advanced skills in the areas of assessment, treatment
  planning, implementation and evaluation, case management, information and referral, supervision, consultation,
  education, research, advocacy, community organization, and the development, implementation, and
  administration of policies, programs, and activities.
          (17)     "Mental health professional" means:
          (a)      a physician licensed under Title 37, chapter 3;
          (b)      an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in
  psychiatric mental health nursing;
          (c)      a psychologist licensed under Title 37, chapter 17;
          (d)      a social worker licensed under [section 10];
          (e)      a professional counselor licensed under [section 11];
          (f)      an addiction counselor licensed under [section 12]; or
          (g)      a marriage and family therapist licensed under [section 13].
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68th Legislature 2023                                                                                              HB 137.1
          (18)     "Psychotherapy" means the use of psychosocial methods within a professional relationship to
  assist a person to achieve a better psychosocial adaptation and to modify internal and external conditions that
  affect individuals, groups, or families in respect to behavior, emotions, and thinking concerning their
  interpersonal processes.
          (19)     "Social work" means the professional practice directed toward helping people achieve more
  adequate, satisfying, and productive social adjustments. The practice of social work involves special knowledge
  of social resources, human capabilities, and the roles that individual motivation and social influences play in
  determining behavior and involves diagnoses and the application of social work techniques.
          (20)     “Supervised work experience” means work in a behavioral health field after receipt of the
  required degree and license but under:
          (a)      the supervision of an approved supervisor; and
          (b)      terms and conditions prescribed by the board by rule.
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          NEW SECTION. Section 3.         Duties of board. The board:
          (1)      shall meet at least annually to perform the duties described in [sections 1 through 14];
          (2)      shall adopt rules to carry out the provisions of [sections 1 through 14], including but not limited
  to rules that set professional, practice, and ethical standards for licensees;
          (3)      may adopt rules governing the issuance of licenses of special competence in particular areas
  of practice as a clinical professional counselor. The board shall establish criteria for each particular area for
  which a license is issued.
          (4)      shall recommend prosecutions for violations of [sections 1 through 14] to the attorney general
  or the appropriate county attorney, or both.
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          NEW SECTION. Section 4.         Fees. Each applicant for a license or certification shall, upon submitting
  an application to the board, pay an application fee set by the department.
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          NEW SECTION. Section 5.         Background checks. (1) As a prerequisite to the issuance of a license,
  candidate license, or certification, the board shall require an applicant to submit fingerprints for the purposes of
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68th Legislature 2023                                                                                               HB 137.1
  fingerprint checks by the Montana department of justice and the federal bureau of investigation as provided in
  37-1-307. The board shall require a criminal background check of applicants and shall determine the applicant's
  suitability for licensure as provided in 37-1-201 through 37-1-205 and 37-1-307.
           (2)      (a) An applicant who has a history of criminal convictions has the opportunity, as provided in
  37-1-203, to demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust.
           (b)      The board may deny the license or certification if the board determines the applicant is not
  sufficiently rehabilitated.
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           NEW SECTION. Section 6.         Privileged communications -- exceptions. A licensee may not disclose
  any information the licensee acquires from clients consulting the licensee in a professional capacity except:
           (1)      with the written consent of the client or, in the case of the client's death or mental incapacity,
  with the written consent of the client's personal representative or guardian;
           (2)      when a communication that otherwise would be confidential reveals that the client or another
  person is contemplating the commission of a crime or the licensee's professional opinion reveals a threat of
  imminent harm to the client or others;
           (3)      when the client is a minor and information acquired by the licensee indicates that the client was
  the victim of a crime, the licensee may be required to testify fully in relation to the information in any
  investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry;
           (4)      when the client or the client's personal representative or guardian brings an action against a
  licensee for a claim arising out of the licensee-client relationship, the client is considered to have waived any
  privilege;
           (5)      when the client otherwise waives the licensee-client privilege; and
           (6)      as may otherwise be required by law.
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           NEW SECTION. Section 7.         Immunity from disciplinary action -- exceptions. (1) Except as
  provided in subsection (2), immunity from the disciplinary authority of the board for violations of 37-1-316 is
  granted to a licensee when any allegation of misconduct is based on testimony or opinions offered by the
  licensee with respect to judicial proceedings governed by Title 40, 41, or 42.
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68th Legislature 2023                                                                                              HB 137.1
             (2)   This section does not apply to addiction counselors or behavioral health peer support
  specialists.
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             NEW SECTION. Section 8.        Exemptions from licensure. The license and certification requirements
  of [sections 1 through 14] do not prohibit:
             (1)   a member of another profession from performing duties and services consistent with the
  individual’s licensure or certification or, in the case of a qualified member of another profession who is not
  licensed or certified, from performing duties and services consistent with the person's training, as long as the
  person does not represent by title that the person is engaging in the practice of behavioral health;
             (2)   an activity or service or use of an official title by a person employed by or acting as a volunteer
  for a federal, state, county, or municipal agency or an educational, research, or charitable institution that is a
  part of the duties of the office or position;
             (3)   an activity or service of an employee of a business establishment performed solely for the
  benefit of the establishment's employees; or
             (4)   an activity or service of a student, intern, or resident in behavioral health counseling pursuing a
  course of study at an accredited university or college or working in a generally recognized training program if
  the activity or service