24.189.602    EXEMPTIONS FROM LICENSURE

(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.

History: 37-17-202, MCA; IMP, 37-17-104, MCA; NEW, 2014 MAR p. 2459, Eff. 10/10/14; AMD, 2017 MAR p. 1654, Eff. 9/23/17; AMD, 2023 MAR p. 1749, Eff. 12/9/23.