(1) The Board of Psychologists adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(1) The Board of Psychologists adopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title.

(1) The Board of Psychologists adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title.

This rule has been repealed.

(1) "APA" means the American Psychological Association.

(2) "BACB" means the Behavior Analyst Certification Board, a nonprofit corporation whose credentialing programs for behavior analysts and assistant behavior analysts are accredited by the National Commission for Certifying Agencies.

(3) "Behavior technician" means a supervisee primarily responsible for the direct implementation of behavior analytic services. The behavior technician does not design intervention or assessment plans.

(4) "Health care provider" is defined in 33-22-138, MCA.

(5) "Licensee" means the holder of a current license issued by the board.

(6) "Licensee-patient relationship" means:

(a) the licensee agrees to undertake diagnosis and/or treatment of an individual seeking services; and

(b) the individual agrees to be diagnosed and/or treated by the licensee whether or not there has been an in-person meeting between the two.

(7) "NCCA" means the National Commission for Certifying Agencies.

(8) "Psychological resident" means a supervisee following board approval of a supervised postdoctoral supervision proposal. This title shall be:

(a) used only in conjunction with activities and services of the postdoctoral supervised training to fulfill the experience requirements;

(b) used for a maximum of five years; and

(c) identified for clients, third-party payers, and other entities.

(9) "Telehealth" is defined at 37-2-304, MCA. 

(1) The department will collect the following fees, none of which are refundable:

(a) Psychologist application fee        $338

(b) Psychologist active license renewal fee         450

(c) Psychologist supervision proposal approval          25

(d) Psychologist temporary permit application fee          100

(e) Behavior analyst application fee          450

(f) Behavior analyst initial supervision fee, per behavior technician, student intern, or assistant behavior analyst supervised           25

(g) Assistant behavior analyst application fee         250

(h) Behavior analyst active license renewal fee          338

(i) Assistant behavior analyst active license renewal fee          150

(2) Additional standardized fees are specified in ARM 24.101.403.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Nonresident consulting psychological services defined in 37-17-104, MCA, may be rendered to individuals, groups, corporations, or the public for compensation or fee.

(2) To provide such services and engage in such activities in the state of Montana, a psychologist duly licensed in the state of his residence shall file with the board a completed and notarized form provided by the board, stating the nature, location and duration of said services that exceed ten days within any calendar year. Notification shall be provided to the board each year nonresident psychological services are rendered.

(3) A letter verifying termination of said services shall be filed with the board at the time of termination.

This rule has been repealed.

(1) Applicants may be issued a temporary permit if the applicant: 

(a) lacks only the examination for licensure; and

(b) works under the supervision of a Montana licensee of the same license type.

(2) Supervisors must:

(b) have at least three years licensure prior to the beginning of supervision; and

(c) remain free of disciplinary actions during the supervisory period.

(1) Licensees may provide services through telehealth as provided in 37-2-305, MCA. 

(2) A licensee-patient relationship must be established prior to providing services via telehealth through:

(a) in-person interview and examination when the standard of care requires such;

(b) consultation with another health care provider with a documented relationship with the patient who agrees to participate in, or supervise, the patient's care; or

(c) telehealth if the standard of care does not require an in-person meeting.

(1) The board authorizes the department to: 

(a) administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) through (e), MCA; or 

(b) file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct, or that have co-occurring misconduct allegations that directly implicate public safety and may warrant formal disciplinary action.

(2) An administrative suspension is not a negative, adverse, or disciplinary action under Title 37, MCA, and is not reportable under federal law and regulations implementing the Healthcare Practitioner Databank or the department's licensee lookup and license verification databank.

This rule has been repealed.

(1) Applications for licensure of a psychologist, when properly filled out by the applicant, must provide the board with that information necessary to ascertain whether or not the applicant meets the requirements of the law as to education and experience. Completed application forms must reflect satisfactorily the requirements of Montana law.

(a) Persons seeking licensure must submit a completed application on forms prescribed by the department.

(b) Completed applications shall be delivered to the department, accompanied by the application fee, at least 90 days in advance of the examination dates. The examination dates can be found on the board's web site.

(c) Applicants will be notified of any deficiencies in their applications.

(d) An application must be completed for final board review no more than 18 months after the board receives it or it will expire and a new application and fee will be required. If a temporary practice permit is issued, the application will not expire until the latter of:

(i) the temporary practice permit's expiration date;

(ii) the third failed attempt at the oral examination; or

(iii) 18 months after the application is submitted.

(e) An applicant applying under 37-17-302(3)(c), MCA, shall submit an application to the board office. The board office will notify the applicant when the application is complete for purposes of review by a board-approved evaluator. The applicant must then submit the curriculum review fee directly to the evaluator. When the evaluator's recommendation is received in the board office, the application will be scheduled for board review.

(2) A completed psychologist application file consists of the following:

(a) a completed application form with the appropriate fee(s);

(b) transcripts of all graduate work completed;

(c) program and course descriptions from the official college catalog(s);

(d) documents establishing the satisfactory completion of predoctoral and postdoctoral supervision;

(e) a copy of a self-query of the National Practitioner Data Bank;

(f) completed reference forms from a minimum of three references attesting to the applicant's good moral character; and

(g) if applicable, the board-approved evaluator's recommendation as to whether the applicant's course of studies meets minimum standards specified in ARM 24.189.604.

(3) Reference forms must be from people familiar with the quality of the applicant's education and work experience. The references must be licensed psychologists. 

(4) The board shall examine the transcript of every applicant to determine whether degrees were awarded by an accredited institution of higher learning with an adequate course of study in psychology as defined in 37-17-302, MCA, and ARM 24.189.604.

(5) The board will consider the acceptability of the professional experience presented by the applicant for consideration in keeping with ARM 24.189.607.

(6) The applicant will be notified in writing as to the time and place of the oral examination once the completed application is received and the board has approved the work samples. It shall be the duty of the applicant to inform the department when it is not feasible to appear at the time and place stated for the examination.

(a) If a candidate is scheduled for the examination a second time and does not appear without legitimate excused reasons, the applicant may lose eligibility for the examination.

(b) When the application file is complete and acceptable, the board shall notify an applicant who is licensed in another state or province, and who is now a resident of Montana, that the applicant is allowed to practice as a psychologist pursuant to 37-17-104, MCA, pending satisfactory completion of the next board oral exam for which the applicant is eligible.

(1)  For purposes of licensure exemption in 37-17-104(1)(b), MCA, "within the confines of the agency or institution" means that the person is providing activities and services limited to the purposes and used only within the confines of the organization.

(2) For limited services in 37-17-104(1)(d), MCA, to be exempt as "consulting" services, including but not limited to services provided via electronic means on behalf of clients located within the state of Montana, the person claiming the exemption must not be a resident of Montana, must be licensed to provide the services in another state or Canadian province, and provide all such activities and services either:

(a) in association with, at the direction of, or upon the recommendation of a licensed Montana psychologist who bears primary responsibility for those activities and services; or

(b) in fulfilling a strictly forensic role as an expert witness and not as a treating psychologist.

(3) To be exempt under 37-17-104(1)(e), MCA, one must have submitted a completed application to the board within 12 months of becoming a Montana resident. Whether someone is a resident of Montana is a question determined by considering all relevant facts in each application.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Examinations for licensure are a computerized national examination and a computerized Montana jurisdictional training course with evaluative aspects, conducted by the board or its representative(s). Acceptable performance on the computerized examination developed by the national licensing program, with the support of the Association of State and Provincial Psychology Boards, is a scaled score of 500.

(2) Applicants may take the Montana training course as many times as necessary to pass. Applicants who fail the national examination two or more times must file a plan with the board to secure further professional training and experience before retaking the exam. The applicant must complete the approved plan before retaking the examination.

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference.

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Applicants seeking licensure via 37-17-302(3)(c), MCA, must have their courses of study assessed by a board-approved evaluator to ensure compliance with minimum standards in this rule.  

(a) The board shall consider, but is not bound by, the evaluator's recommendation.

(b) Applicants must pay any fee required by the evaluator.

(2) Per 37-17-302(3)(c), MCA, a psychology program meets minimum standards if the program:

(a) is administratively housed and clearly identified as a psychology program with emphasis in applied areas such as clinical, counseling, school, or industrial-organizational psychology;

(b) stands as a recognizable, coherent organizational entity within the institution;

(c) has clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

(d) follows an organized sequence of study to provide an integrated psychology education experience;

(e) has an identifiable psychology faculty and a psychologist responsible for the program;

(f) has an identifiable body of students who are matriculated in that program for a degree;

(g) includes appropriate supervised clinical experience of at least three terms/two semesters;

(h) contains a curriculum of a minimum of three academic years of full-time graduate study with a pre-doctoral internship per ARM 24.189.644 at the educational institution granting the doctoral degree. The curriculum must instruct in scientific and professional ethics and standards, research design and methodology, statistics, and psychometrics, and require students demonstrate competence (a minimum of three or more graduate semester hours/five or more graduate quarter hours) in each of these substantive content areas:

(i) Biological bases of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psychopharmacology;

(ii) Cognitive-affective bases of behavior: learning, thinking, motivation, emotion;

(iii) Social bases of behavior: social psychology, group processes, organizational and systems theory; and

(iv) Individual differences: personality theory, human development, abnormal psychology;

(i) includes adequate training in psychodiagnosis and several types of psychological assessment and intervention procedures and their theoretical bases; and

(j) includes at least 60 quarter hours/40 semester hours of formal psychology graduate study.

(i)  No more than 15 quarter hours/ten semester hours of university extension credits may be credited toward the doctoral degree requirement.

(ii) Of the 60 quarter hours, a minimum of 45 quarter hours/30 semester hours must occur when the applicant is matriculated in the doctoral program and be clearly designated on the transcript as graduate level psychology course work, exclusive of practicum, dissertation, and transfer credits.

(3) The board and its evaluator have reviewed several applications containing doctoral degrees from American Psychological Association-approved doctoral programs in school psychology and counseling psychology. The board deems these programs qualified under the required minimum standards.

(1) As used in ARM 24.189.640, "pre-doctoral internship" means active engagement by a student in a training program of the educational institution granting the doctoral degree. 

(a) Critical components of the internship must include:

(i) adequate opportunity for the student to:

(A) obtain professional training and scholarship;

(B) work closely with professors, supervisors, and other students; and

(C) acquire the habits, skills, knowledge, and insights needed to attain a doctoral degree in psychology; and

(ii) adequate time to assess the student's competence including:

(A) emotional stability and well-being;

(B) interpersonal competence;

(C) professional development; and

(D) personal fitness to practice psychology.

(b) The pre-doctoral internship must be at least 1500 hours in length and be completed in no less than nine months and no longer than 24 months. Twenty-five percent of internship hours must be in face-to-face contact with patients or clients.

(c) Internship experience must have at least 30 hours per week at the internship site, but no more than 45 hours per week.

(d) Active engagement must be documented by a log of internship activities signed by the student's academic advisor. Such activities must:

(i) include both faculty-to-student and student-to-student face-to-face interaction;

(ii) be conducted by the psychology faculty of the institution at least 90 percent of the time; and

(iii) relate substantially to program and course content.

(e) The institution must clearly document its assessment and evaluation of the student's performance.

(1) Postdoctoral supervisee licenses expire upon conclusion of the approved postdoctoral supervision unless the licensee completes the application process and obtains a full psychologist license. 

(2) Supervised experience must occur over two calendar years (3200 hours minimum) as follows:

(a) one year may be predoctoral, occurring after the master's degree and during an American Psychology Association (APA) approved or substantially equivalent internship for a psychology doctoral degree; and

(b) one year (1600 hours minimum) must be postdoctoral occurring after completion of doctoral degree requirements.  The board must approve the extension of supervised experience beyond 12 consecutive months.

(3) Postdoctoral supervision requirements are:

(a) at least one hour in-person or approved telehealth supervision each week;

(b) the supervisee providing direct clinical services at least 25 percent of the time;

(c) at least one other licensed mental health professional, in addition to the supervisor, participating in the supervisee's training and on-site when the supervisor is not; and

(d) supervision by a psychologist with:

(i) a minimum of three years licensure prior to supervising; and

(ii) previous supervisor training and/or experience;

(A) at least equivalent to Montana's requirements; and

(B) in the skills and knowledge in which the applicant is engaged.

(4) Satisfactory postdoctoral experience applies the skills, concepts, and principles gained during the formal professional education and includes:

(a) administering and interpreting psychological tests and helping solve professional or personal problems for no less than 25 percent of one year (400 hours minimum);

(b) supervising graduate-level practicum for no more than 25 percent of one year (400 hours maximum); and

(c) designing original research projects, analyzing and reporting research data, and teaching one or more psychology courses for no more than 50 percent of one year (800 hours maximum).

(5) Unacceptable supervised experience occurring without the board's preapproval and outside the exempted activities of 37-17-104, MCA, is unlicensed practice.  Unacceptable experience also includes:

(a) repetitious and routine tasks, e.g., administering and scoring structured tests, computing statistics, assisting psychology course instructors, or personal therapy; and

(b) experience gained prior to completing all requirements for a psychology master's degree or equivalent.

(6) Individual solo private practice does not qualify as acceptable professional experience. The supervisee must be an employee of the postdoctoral training setting and shall not bill independently for services provided.

(7) Credit for part-time supervisee employment will be prorated.

(8) Supervisors are not required to work at or be employed by the entity employing the supervisee but must:

(a) be available for emergency supervision;

(b) provide emergency consultation and intervention to the supervisee's clients;

(c) interrupt or terminate the supervisee's activities when needed to ensure adequate skill development and the public's protection;

(d) report supervisee breaches in ethical, legal, or professional responsibilities to the board; and

(e) develop with the supervisee a written individualized training plan that:

(i) specifies all roles, goals, and objectives;

(ii) is consistent with the purpose of the setting;

(iii) meets the supervisee's needs; and

(iv) serves as the foundation for quarterly evaluations that:

(A) address professional and ethical conduct, psychotherapy and evaluation skills, and other conduct, knowledge, and skills applicable to tasks performed and training received;

(B) are reviewed with the supervisee and signed by both supervisor and supervisee; and

(C) are maintained for a minimum of five years.

(2) The purpose of a parenting plan evaluation is to determine to the extent possible, what is in the best interests of the child. The "fit" between each parent and the child or children is the central issue, not the psychological diagnosis of each parent or of each child. If a parent or child shows any relevant mental, cognitive, physical, or other disorder, the implications of that disorder for the best interest of the child must be addressed.

(3) Two different parents showing very similar personalities and parenting styles might affect two different children in essentially different ways. It cannot be assumed that qualities generally admired by the population at large are necessarily those that make the better parent, or are in the best interests of the child. For example, factors such as which parent has the most money, the most friends, the largest house, is the most religious, the most physically active, has the most education, is home the most, lacks a history of psychological diagnosis or treatment, and so on, may bear on the issue at hand, but are not the determining factors in and of themselves. How each factor supports the child's needs and well being, or detracts from the child's needs and well being, is a primary consideration. The intention of a parenting plan evaluation is to make a parenting recommendation that will support the child's development along the healthiest lines possible.

(a) The psychologist shall act as an impartial evaluator of the parties, assessing relevant information, and informing and advising the court and other parties of the relevant factors pertaining to the parenting issue.

(b) The psychologist shall remain impartial, regardless of whether the psychologist is retained by the court or by a party to the proceeding, and regardless of whom is responsible for payment.

(c) If circumstances prevent the psychologist from performing in an impartial role, the psychologist shall attempt to withdraw from the case. (See ARM 24.189.807)

(d) If the psychologist is not able to withdraw, the psychologist must reveal any factors that may bias the psychologist's findings and/or compromise the psychologist's objectivity.

(e) Communication with parents or attorneys must be conducted in such a manner as to avoid bias. The psychologist must exercise discretion in informing parties or their attorneys of significant information that is gathered during the course of the evaluation. The psychologist shall not communicate essential information to one party's attorney without also communicating the information to the other party's attorney, and to the guardian ad litem, if one is appointed.

(a) The psychologist shall not conduct a parenting plan evaluation in a case in which the psychologist has served or can reasonably anticipate serving in a therapeutic role for the child or the child's immediate family, or has had other significant involvement, e.g., social, personal, business, or professional, that may compromise the psychologist's objectivity.

(b) The psychologist may not accept any of the involved participants in the parenting plan evaluation as therapy clients, either during or after the evaluation.

(c) The psychologist who is asked to testify regarding a therapy client who is involved in a parenting plan case shall be aware of the limitations and possible biases inherent in such a role and the possible impact on the ongoing therapeutic relationship. If required to testify, the psychologist may not give an expert opinion regarding parenting plan issues and shall limit the psychologist's testimony to factual issues.

(1) Psychologists performing parenting plan evaluations in Montana shall be licensed to practice in the state of Montana or meet the requirements for consultation in 37-17-104, MCA.

(2) Psychologists may only perform parenting plan evaluations if they have acquired specialized training, education, and experience in the areas of psychological assessment of children and adults, child and family development, child and family psychopathology, and the impact of divorce on families. They shall acquire current knowledge regarding diverse populations, especially as it relates to child-rearing issues.

(3) Psychologists shall use multiple methods of data collection in a parenting plan evaluation.

(4) Psychologists shall understand, clarify, and utilize the concept of the "best interests of the child" guideline as set forth in Title 40, chapter 4, MCA.

(5) Psychologists shall maintain current knowledge of legal standards regarding parenting plans, divorce, and laws regarding abuse, neglect and family violence. Psychologists shall also understand the civil rights of parties in legal proceedings in which they participate, and manage their professional conduct in a manner that does not diminish or threaten those rights.

(6) Psychologists shall not render diagnoses or form an expert opinion about any party not personally evaluated and may not make parenting plan recommendations when both parents and children have not been personally evaluated by the psychologist. In situations where all parties cannot be evaluated, psychologists shall limit recommendations and opinions to individuals evaluated and shall avoid making recommendations regarding placement and visitation.

(1) Psychologists 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 expected with regard to any information they may provide to the psychologist over the course of the evaluation. This includes the limits of confidentiality applicable to the general practice of psychology, such as a duty to warn in instances of possible imminent danger to a participant or to others, or legal obligations to report suspected child or elder abuse, and also exceptions to confidentiality stemming from the specific requirements of a parenting plan evaluation, including:

(a) the potential need to disclose information provided by any participant to other participants, in order to obtain accounts of circumstances pertinent to the issues being evaluated;

(b) the expectation of disclosure of relevant information provided by individual participants to the attorneys involved in the case, to the court, and to the guardian ad litem, if one has been appointed; and

(c) the likely disclosure of the psychologist's findings, professional opinions and recommendations regarding the resolution of contested matters which fall within the scope of the evaluation to parents, their attorneys, the court, and any other party, such as a guardian ad litem.

(2) Psychologists shall obtain written waivers of confidentiality from the parents who are participating in the evaluation, encompassing all disclosures of information to other persons, including other participants in the evaluation, attorneys, and the court.

(3) Psychologists shall take reasonable precautions in their handling of children's disclosures of abuse, neglect or any other circumstances, when such disclosure may place the child at increased risk of physical or emotional harm. Psychologists shall also recognize the right of any person accused of misconduct to respond to such allegations while placing the highest priority on the safety and well-being of the child.

(4) Psychologists recognize that disclosures of statements by abused spouses may pose special risks to the safety and well-being of persons who claim to be victims of domestic abuse. Prior to disclosure of such allegations to an alleged perpetrator or to other persons who may support, collude with, or otherwise increase the risk of abuse, the psychologist shall inform the alleged victim that the disclosure will take place. If appropriate, information will be provided as to available community resources for protection, planning, and personal assistance, and counseling for victims of domestic abuse.

(5) Psychologists shall not agree to requests by participants in a parenting plan evaluation that information shared with the psychologist be concealed. When such requests are made, the psychologist shall clarify the requirements of the evaluation as regards confidentiality, and may advise the participant to consult with the participant's attorney before proceeding with the evaluation. The psychologist must ultimately respect the right of any participant to withhold information from the evaluation. Whether the refusal to provide information should itself be made known to others, must be decided by the psychologist based on the relevance of such refusal to the issues before the court in the particular case at hand.

(6) Psychologists recognize the possibility that the need to disclose information obtained in the evaluation may limit the validity of data acquired during the evaluation by inhibiting the free and complete disclosure of information by participants.

(1) Psychologists 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-gathering procedures. Disclosure of information to the parents shall include a thorough explanation of all major aspects of the evaluation, including:

(a) a general review of the purpose, nature, methods, scope and limitations of a parenting plan evaluation, and the potential impact of the evaluation on the outcome of litigation;

(b) clarification as to who has requested the evaluation and who will receive verbal or written feedback as to the results and recommendations;

(c) the nature of data to be collected and potential uses to which that data will be put, including data from psychological testing and structured interview protocols;

(d) the methods of assessing and collecting fees for professional services, including specification of who will be financially responsible for the evaluation, expectations as to timing of payments, and policies related to the collection of unpaid fees, and;

(e) the nature and limits of confidentiality, both as generally applicable to psychological services and as required by the nature of the evaluation. (See 24.189.813)

(2) Psychologists shall inform the parents of the above elements and offer each parent the opportunity to discuss the proposed evaluation with an attorney before proceeding.

(2) In evaluating alternative hypotheses, psychologists shall include data from several different sources and of several different types, such as interviews, testing, observations of interactions, questionnaires, and record reviews. The psychologist shall be prepared to specify the reasons for collecting each kind of data and how it relates to the child's best interests.

(3) As data are collected, the psychologist must keep comprehensive and detailed records. All raw data, which might include test forms, handwritten notes, scribbles in margins, records of telephone conversations, observations of parent-child interaction, observations of parent-parent interaction, consultations with other professionals, any audio or video tapes made, and so on, must be saved and made available for review, if necessary.

(4) Data that are not objective should not be treated as though they are. The psychologist shall attempt to corroborate or rule out allegations that either parent has behaviors that affect the child detrimentally. If the psychologist is not able to form a clear opinion based on objective data or data verified by multiple sources, the psychologist should state this fact. If appropriate, the psychologist may offer a method by which further data along any dimension might be gathered, for example, recommending that a child meet with a therapist over time, that a parent undergo drug and alcohol assessment, and so on.

(5) If issues affecting what is in the child's best interest arise and cannot be investigated due to the limited scope of the evaluation as imposed by the court or an agency, the psychologist shall report those issues to the parents, their attorneys, and the court. If issues arise that the psychologist does not have the expertise to investigate or form an opinion on, another psychologist or specialist who does have the required expertise should be brought in to address that issue.

(2) Psychologists shall retain all items presented to them or a copy thereof that are used for consideration in formulating a professional opinion (e.g., videos, photos, etc.) as well as a copy of the final report.

(3) Psychologists shall maintain clear and complete records.

(4) Psychologists shall retain all releases of information signed by the parties.

(5) Psychologists shall maintain adequate documentation of their contacts with clients and of the clinically significant information derived from these contacts.

(6) Psychologists shall create and maintain documentation of all data that form the basis for their conclusions, in the detail and quality that would be consistent with reasonable scrutiny in an adjudicative forum.

(7) Psychologists shall make clear, to all parties, that the report may be altered at any time by the psychologist until the final decision of the court is made.

(8) Psychologists shall make a reasonable effort to ensure that the court, attorneys, parents, and guardian ad litem, if any, receive the report at the same time.

(9) Psychologists shall recognize that all items in the case file, other than copies of tests, raw test data, and computer-generated interpretive reports may be brought into the courtroom.

(10) Psychologists shall recognize that all parenting plan evaluations and reports are highly sensitive material and discretion is necessary.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Supervisors shall:  

(a) report to the board all supervisees within five business days of supervision commencement;

(b) assume professional and legal responsibility for all supervisees regardless of the type(s) of supervision;

(c) meet face-to-face with supervisees at least once a month for discussion, education, training, practice issues, and client care;

(d) enter into written supervision agreements with supervisees that must provide for appropriate:

(i) supervision methods;

(ii) scope of delegation of practice authority;

(iii) limitations on the supervisee's practice authority; and

(iv) frequency and duration of face-to-face meetings; and

(e) keep supervision agreements for seven years after termination of the supervision and provide a copy upon board or staff request.

(2) A behavior analyst may supervise:

(a) up to three student interns if also supervising behavior technicians or assistant behavior analysts; or

(b) up to seven student interns if not supervising behavior technicians or assistant behavior analysts.

(1) The board adopts and incorporates by reference the Behavior Analyst Certification Board's (BACB) Ethics Code for Behavior Analysts (as effective January 1, 2022) and considers it to be the code of ethics governing the professional conduct of behavior analysts and assistant behavior analysts licensed by the board. Copies of the document are found at bacb.com. 

(2) Behavior analysts and assistant behavior analysts shall follow the BACB Ethics Code in (1) unless it directly conflicts with Montana statutes or rules.

(1) The board adopts and incorporates by reference the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct (as effective June 1, 2003, and includes the June 1, 2010, and January 1, 2017, amendments) and considers it to be the code of ethics governing the professional conduct of psychologists licensed by the board. Copies of the document are found at apa.org/ethics/code.   

(2) Psychologists shall follow the APA ethics code in (1) unless it directly conflicts with Montana statutes or rules.

This rule has been repealed.

This rule has been repealed.

(1) Acceptable continuing education for psychologists may be chosen from (a) through (e).

(a) Acceptable continuing education includes:

(i) Any American Psychological Association-approved, any Montana Psychological Association-approved, or a PESI-approved continuing education activity or program for psychologists that meets ARM 24.189.2101(3)(a) through (c) will qualify for continuing education credit.

(ii) Credit may be given for workshops and other educational activities offered at professional conferences and conventions sponsored by the American Psychological Association and its affiliates if the content of such presentations meets the standards established by ARM 24.189.2101(3)(a) through (c). General business meetings do not qualify.

(iii) Any other specific activities, i.e. audio tapes or conference/workshops, meeting requirements of ARM 24.189.2101(3)(a) through (c) will qualify for continuing education credit.

(b) No more than 30 continuing education units meeting the following criteria:

(i) Documentation of successful completion of an advanced credential requiring extensive preparation of work samples, research, oral examination, e.g. ABPP.

(ii) Study groups may qualify for continuing education if:

(A) The psychologist submits with the continuing education form an explanation of the applicability of the study topic to the psychologist's practice in order to demonstrate the relevance of the study or case material and to substantiate that the material meets the requirements of continuing education.

(B) The psychologist provides the specific date and time for each study group session submitted for continuing education credit.

(C) At least three other psychologists or mental health professionals attend the activity.

(D) Minutes are kept of each study group meeting and are available to the Board of Psychologists upon request. The minutes shall include the names of the participants present, the subject matter, and references which relate to any written material utilized. Each such group shall designate an individual to serve as the recorder of the minutes. The name of the recorder shall be noted on the continuing education form.

(iii) Formally organized classes, with preassigned credit and attendance verifiable by transcript, offered under the auspices of regionally accredited institutions of higher education that meet criteria specified in ARM 24.189.2101(3)(a) and (b).

(iv) The following professional activities that meet criteria specified in ARM 24.189.2101(3)(a) and (b) may be submitted in fulfillment of no more than 30 continuing education units:

(A) Initial presentation of a meeting paper or poster presentation or workshop in the field of psychology based on thorough review of the literature, and including theoretical ideas, with application to clinical work. One hour of continuing education will be credited for each hour of presentation. In addition, one hour of continuing education will be credited for preparation for each hour of presentation;

(B) Publication of a review paper or a formal theoretical paper in a refereed journal in the field of psychology;

(C) Carrying out a research project reported in publishable form;

(D) Teaching a formally organized class in psychology or related subjects which meets the criteria specified in ARM 24.189.2101(3)(a);

(E) Formal case presentation in a group setting (e.g. grand rounds), properly documented and conducted by appropriately credentialed and/or licensed professionals.

(c) No more than 15 continuing education units of personal growth activities that meet the following criteria:

(i) individual psychotherapy that:

(A) is obtained in a formal setting.

(B) is conducted by a certified or licensed professional.

(C) has a fee charged for services rendered.

(D) is documented by stating the number of contact hours on the professional's letterhead.

(ii) group therapy that:

(A) has group meetings in a formal setting.

(B) has a qualified professional for a facilitator.

(C) has a fee charged for services rendered.

(D) is documented by stating the number of contact hours on the professional's letterhead.

(iii) Specific supervision that:

(A) is obtained in a formal setting.

(B) is conducted by a certified or licensed professional.

(C) has a fee charged for services rendered.

(D) is documented by stating the number of contact hours on the professional's letterhead.

(d) No more than ten continuing education units may be granted for courses relative to the management of a professional practice.

(e) Psychologist board members may receive continuing education credit of up to eight hours per calendar year for their attendance of board meetings.

This rule has been repealed.

(1) Board/staff will not preapprove continuing education (CE) programs or sponsors. Licensees must select activities from qualified providers that contribute to the licensee's professional knowledge and competence. 

(2) Licensees must maintain adequate CE records for three years following a reporting period and make those records available upon request.

(3) Each reporting period, psychologists must obtain 40 CE hours, of which two are in ethics and one in suicide prevention. The two-year reporting period ends on the renewal date set by ARM 24.101.413 in odd-numbered years.

(a) Psychologists licensed less than two full calendar years on the first reporting date shall obtain 20 CE hours, including one in ethics and one in suicide prevention.

(b) Psychologists obtaining postdoctoral supervised experience are not required to obtain CE during the time of supervision.

(4) Psychologists can obtain a maximum of:

(a) 30 hours from:

(i) completion of an advanced credential;

(ii) study groups;

(iii) formally organized classes at regionally accredited higher education institutions;

(iv) initial presentation of a meeting paper;

(v) publication of a review paper;

(vi) research project reported in publishable form; and

(vii) formal case presentation in a group setting;

(b) 15 hours of personal growth activities in individual psychotherapy, group therapy, and specific supervision; and

(c) ten hours in practice management.

(5) Each reporting period, behavior analysts and assistant behavior analysts must obtain 20 CE hours, of which two are in ethics and one in suicide prevention. The two-year cycle ends on the renewal date set by ARM 24.101.413 in odd-numbered years.

(6) Behavior analysts and assistant behavior analysts can obtain a maximum of:

(a) five hours from:

(i) initial presentation of a meeting paper or workshop;

(ii) publication of a review paper;

(iii) conducting a research project reported in publishable form; and

(iv) teaching a formally organized class; and

(b) four hours in practice management.

(7) One hour will be granted for each hour of participation.

(8) No CE is required for licensees licensed less than one full calendar year on their first reporting date.

(9) CE hours cannot be carried over.

(10) Licensees found noncompliant with CE requirements may be subject to administrative suspension.

(11) Board members may receive up to eight hours of CE per calendar year for board meetings attendance.

(12) The department determines audit percentage based on a statistically relevant sampling of the total number of licensees and the compliance rate of past audits.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.