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 37-39-307, MCA.

(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 37-39-102(11), MCA.

(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.  

History: 37-1-131, 37-39-103, MCA; IMP, 37-1-131, 37-39-202, 37-39-307, 37-39-308, 37-39-309, 37-39-310, 37-39-311, 37-39-312, MCA; NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1991 MAR p. 1931, Eff. 10/18/91; AMD, 1993 MAR p. 3015, Eff. 12/24/93; AMD, 2001 MAR p. 558, Eff. 4/6/01; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2016 MAR p. 221, Eff. 2/6/16; AMD, 2019 MAR p. 2371, Eff. 12/28/19; AMD, 2020 MAR p. 1517, Eff. 8/8/20; AMD, 2021 MAR p. 1783, Eff. 12/11/21; AMD, 2024 MAR p. 279, Eff. 2/10/24.