23.15.306 MENTAL HEALTH THERAPISTS

(1) The rules governing physicians apply to mental health therapists, subject to restrictions in this rule.

(2) A mental health therapist must be one of the following to receive payment from the crime victims fund:

(a) medical doctor;

(b) licensed clinical psychologists;

(d) licensed professional counselor;

(e) mental health center for services of any of the therapists listed in this section.

(3) Payment for mental health counseling is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Primary victims may request an extension of the time or money limit. An extension may be granted after review of the entire course of treatment, including but not limited to case notes and treatment plans. The reviewer will be a qualified professional therapist chosen by the program, which will make recommendations to deny or grant any extension of treatment and the length of the extension.

(4) Payment for mental health counseling to secondary victims is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Secondary victims may not request an extension of the time or money limit.

(a) Secondary victims are:

(i) the spouse, parent, child, or sibling of a victim who is killed as a result of criminally injurious conduct;

(ii) the parent or sibling of a minor who is a victim of criminally injurious conduct involving a sexual offense, provided the parent or sibling is not entitled to receive services under Title 41, chapter 3, MCA; and

(iii) a minor child present in a home where domestic violence occurred.

(b) Parent, child, and sibling of a victim include:

(i) the victim's natural and adoptive parents, natural and adopted children, and natural and adopted siblings; and

(ii) stepparents, stepchildren, and stepsiblings. However, in the case of a sexually offended minor, the stepparent and the stepsibling must have resided with the victim at the time of the criminally injurious conduct, and the stepparent must continue to reside with the victim in order to qualify for payment for mental health counseling.

(5) Primary victims retain the right to request a hearing under ARM 23.15.202. Secondary victims retain the right to request a hearing under ARM 23.15.202 if they have not been awarded their entire statutory entitlement.

History: 53-9-104, MCA; IMP, 53-9-128, MCA; NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2001 MAR p. 674, Eff. 4/27/01; AMD, 2011 MAR p. 2143, Eff. 10/14/11.