BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 23.15.306, concerning mental health therapists

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

            TO:  All Concerned Persons

 

1.  On September 26, 2011, the Department of Justice proposes to amend the above-stated rule.

 

2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the department no later than 5:00 p.m. on September 1, 2011, to advise us of the nature of the accommodation that you need.  Please contact Kathy Stelling, Department of Justice, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail [email protected].

 

            3.  The rule as proposed to be amended is as follows, new matter underlined, deleted matter interlined:

 

            23.15.306  MENTAL HEALTH THERAPISTS  (1) through (4)(a) remain the same. 

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

            (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) through (5) remain the same. 

 

            AUTH:            53-9-104, MCA

            IMP:                53-9-103, 53-9-128, MCA

 

RATIONALE AND JUSTIFICATION:  This amendment is necessary to implement the legislative changes to 53-9-103 and 53-9-128, MCA, and to ensure that those children who are secondary victims of domestic violence, by virtue of witnessing the domestic violence in the home, have their mental health costs covered in a like manner to the other secondary victims listed in ARM 23.15.306. 

  

4.  Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Stuart Segrest, Department of Justice, P.O. Box 201401, Helena, MT 59620-1401; telephone (406) 444-2026; Montana Relay Service 711; fax (406) 444-3549; or e-mail [email protected], and must be received no later than 5:00 p.m. on September 22, 2011.

 

            5.  If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Stuart Segrest at the above address no later than September 22, 2011.

 

            6.  If the agency receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  The number of persons affected is at least 25.

 

            7.  An electronic copy of this notice is available at our web site at http://doj.mt.gov/resources/administrativerules.asp.  The department strives to make the electronic copy conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text and the electronic version of the notice, only the official printed text will be considered.  In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems, and that a person's difficulties in sending an e-mail do not excuse late submission of comments.

 

8.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above, or may be made by completing a request form at any rules hearing held by the department.  A copy of the interested person's request form may be printed from the Department of Justice's web site at http://doj.mt.gov/resources/administrativerules.asp, and mailed to the rule reviewer. 

 

9.  The bill sponsor contact requirements of 2-4-302, MCA, apply, and the sponsor was notified on August 8, 2011 by e-mail. 

 

 

 

By:      /s/ Steve Bullock                                          /s/ Stuart Segrest                             

            STEVE BULLOCK                                       STUART SEGREST

            Attorney General                                          Rule Reviewer

            Department of Justice        

 

Certified to the Secretary of State on August 15, 2011.