BEFORE THE LICENSED ADDICTION COUNSELORS PROGRAM

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.154.301 definitions, 24.154.409 supervised work experience, and 24.154.2301 unprofessional conduct

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

            1. On December 18, 2013, at 10:00 a.m., a public hearing will be held in Room 430, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Licensed Addiction Counselors Program (program) no later than 5:00 p.m., on December 11, 2013, to advise us of the nature of the accommodation that you need. Please contact Cyndi Reichenbach, Licensed Addiction Counselors Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2392; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected] (program's e-mail).

 

            3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            24.154.301 DEFINITIONS (1) through (5) remain the same.

            (6) "Evidence-based" means systematically finding, appraising, and using the most current and valid research findings as the basis for clinical decisions based on research from sites such as Substance Abuse and Mental Health Services Administration (SAMHSA), National Registry of Evidence-Based Programs and Practices (NREPP), National Institute on Drug Abuse (NIDA), or similar resources.

            (7) through (9) remain the same, but are renumbered (6) through (8).

 

            AUTH: 37-35-103, MCA

            IMP:     37-35-102, MCA

 

REASON: In response to questions and concerns received both during and after the recent LAC rules project, MAR Notice No. 24-154-8, and to proactively address potential confusion among licensees, the department is proposing to strike the definition of "evidence-based" from this rule. The department will work cooperatively with interested persons and industry representatives to research and develop a mutually accepted definition through a future rulemaking project.

 

            24.154.409 SUPERVISED WORK EXPERIENCE (1) Supervised work experience hours are determined according to the academic achievement of the applicant as follows:

            (a) 500 hours within six months of receipt of the temporary practice permit for masters or higher degree applicants;

            (b) 1000 hours within 12 months of receipt of the temporary practice permit for baccalaureate degree applicants; or

            (c) 2000 hours within 24 months of receipt of the temporary practice permit for associate degree applicants. Six months (1000 hours) of supervised work experience hours in a qualified treatment setting is required for licensure.

            (2) through (2)(d) remain the same.

            (e) Applicants must complete the required minimum hours in the 11 skill areas according to their academic achievement as follows:. The remaining hours must be under onsite clinical supervision in each of the 11 skill areas.

 

Skill Areas	Masters or Higher Degree (hours) Hours	Baccalaureate Degree (hours)	Associate Degree (hours)
screening	15 30	30	60
assessment/patient placement	50 100	100	200
treatment planning	25 50	50	100
referrals	10 20	20	40
case management	20 50	50	100
individual counseling	30 60	60	120
group counseling	50 100	100	200
client education	20 35	40	80
documentation	20 35	40	80
professional and ethical responsibilities	5 10	15	20
multicultural competency	5 10	15	20
TOTAL	250 500	520	1020

 

            (i) For masters or higher degree applicants, 25 hours of the 250-hour minimum must be under direct supervision. The remaining hours must be under onsite clinical supervision in each of the 11 skill areas.

            (ii) For baccalaureate degree applicants, 52 hours of the 520-hour minimum must be under direct supervision. The remaining hours must be under onsite clinical supervision in each of the 11 skill areas.

            (iii) For associate degree applicants, 102 hours of the 1020-hour minimum must be under direct supervision. The remaining hours must be under onsite clinical supervision in each of the 11 skill areas.

            (3) through (6) remain the same.

            (7) Qualified treatment settings include those where temporary practice permit holders may obtain supervised work experience based on nationally recognized patient placement criteria. Criteria for these treatment settings may include settings that provide the basis for a continuum of care for patients with addictions and settings that may include any level of care as defined by American Society of Addiction Medicine (ASAM) in The ASAM Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions (October 24, 2013).

            (a) Qualified treatment settings for supervised work experience may include, but are not limited to the following are:

            (i) through (c)(v) remain the same.

 

            AUTH: 37-35-103, MCA

            IMP:     37-35-202, MCA

 

REASON: Following a thorough periodic review, the department recently amended most of the Licensed Addiction Counselor (LAC) rules in MAR Notice No. 24-154-8. In that rulemaking project, the department established a three-tiered system with different hours of required supervised work experience based on an applicant's academic degree. Following consideration of questions and concerns received both during and following the rules project, the department now proposes to amend this rule and return to the requirement of 1000 hours of supervised experience in 11 skill areas, for all LAC applicants, regardless of academic degree.

            The department determined it is reasonably necessary to amend (7) and specify that ASAM-based treatment settings must comply with the level of care as defined in the named ASAM document. The department concluded that setting forth this requirement will address licensee questions and make the licensure process easier.

            The department is amending (7)(a) to clearly set forth the qualified treatment settings as approved by the department. Since this subsection is intended to list the settings the department has already approved, it is problematic to include language that implies that additional settings are also allowed.

 

            24.154.2301 UNPROFESSIONAL CONDUCT (1) through (1)(v) remain the same.

            (w) failing to use current evidence-based contextually valid assessment instruments;

            (x) and (y) remain the same, but are renumbered (w) and (x).

            (z) failing to utilize evidence-based procedures and practices and observe relevant professional standards in developing assessment techniques;

            (aa) (y) failing to ensure that assessment results are accurate, detailed, and valid in a way that will be properly interpreted by the recipients;

            (ab) through (ae) remain the same, but are renumbered (z) through (ac).

            (af) (ad) causing a dual relationship with a client without first ensuring that the client's well-being is not compromised and that no harm occurs, such as a result of the following:

            (i) through (v) remain the same.

            (ag) through (aq) remain the same, but are renumbered (ae) through (ao).

 

            AUTH: 37-35-103, 37-35-301, MCA

            IMP:     37-1-316, 37-1-410, 37-35-103, 37-35-301, MCA

 

REASON: To address potential confusion among licensees, and questions and concerns received both during and after the recent LAC rules project, the department is striking the definition of "evidence-based" from ARM 24.154.301 in this notice. It is reasonably necessary to amend ARM 24.154.2301 to align with the proposed elimination of the definition.

            The department is amending new (1)(y) and new (1)(ad) to address comments made regarding the recent rules project and eliminate any potential vagueness in determining what the department considers unprofessional conduct for licensees.

 

            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Licensed Addiction Counselors Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to [email protected], and must be received no later than 5:00 p.m., December 27, 2013.

 

            5. An electronic copy of this notice of public hearing is available at www.lac.mt.gov (department and program's web site). The department strives to make the electronic copy of this notice 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 of the notice 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 technical difficulties in accessing or posting to the e-mail address do not excuse late submission of comments.

 

            6. The program maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this program. 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 that the person wishes to receive notices regarding all program, administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Licensed Addiction Counselors Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to [email protected]; or made by completing a request form at any rules hearing held by the agency.

 

            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of ARM 24.154.301 will not significantly and directly impact small businesses.

            With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of ARM 24.254.409 will not significantly and directly impact small businesses.

            With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of ARM 24.154.2301 will not significantly and directly impact small businesses.

            Documentation of the program's above-stated determinations are available upon request to the Licensed Addiction Counselors Program, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2392; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or [email protected] (program's e-mail).

 

            9. Joslyn Hunt, attorney, has been designated to preside over and conduct this hearing.

 

 

/s/ DARCEE L. MOE                                 /s/ PAM BUCY

Darcee L. Moe                                          Pam Bucy, Commissioner

Rule Reviewer                                           DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State November 18, 2013