This chapter establishes the certification process for mental health professional persons in Montana, as authorized under MCA 53-21-106. It sets out the procedures, qualifications, and conditions required to obtain either full mental health certification or facility-specific certification, and defines the limits of authority and privileges for each certification level. This regulation governs individual practitioner credentialing, not the licensing or operating standards of any specific facility type.
View official source37.91.101 PROFESSIONAL PERSON CERTIFICATION (1) The purpose of this chapter is to: (a) adopt a procedure whereby persons may be certified as mental health professional persons as authorized in 53-21-106 , MCA; (b) set forth specific conditions and qualifications which must be met before certification can be obtained; and (c) set limits of authority and responsibility for persons who have obtained full certification and for persons who have obtained facility certification. Authorizing statute(s): Sec. 53-21-106 , MCA Implementing statute(s): Sec. 53-21-106 , MCA History: NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039. 37.91.102 EXEMPTIONS (1) Medical doctors who are licensed to practice in Montana by the board of medical examiners are designated mental health professional persons by 53-21-102 , MCA and are therefore exempt from the provisions of ARM 37.91.106 . (2) Advanced practice registered nurses with a clinical specialty in psychiatric mental health nursing are designated mental health professional persons under 53-21-102 , MCA, and are therefore exempt from the provisions of ARM 37.91.106 . (3) Licensed psychologists are designated mental health professional persons under 53-21-102 , MCA, and are therefore exempt from the provisions of ARM 37.91.106 . Authorizing statute(s): 53-21-102 , 53-21-106 , MCA Implementing statute(s): 53-21-102 , 53-21-106 , MCA History: NEW, 1986 MAR p. 260, Eff. 2/28/86; TRANS and AMD, from DOC, 1998 MAR p. 2039, Eff. 7/31/98; AMD, 2014 MAR p. 503, Eff. 3/14/14. 37.91.106 DEFINITIONS (1) "Accredited college or university" means a college or university which is accredited by a regional accreditation organization recognized by the Montana Board of Regents. (2) "Approved facility training program" means a course of instruction and supervised clinical experience planned and conducted by the employing facility and approved by the department and by the certification committee. An approved facility training program must include: (a) a minimum of six months of full-time clinical experience in the facility; and (b) instruction on Montana law; these rules; and facility policies, practices, and procedures as they relate to the privileges described in ARM 37.91.407 . (i) An approved facility training program must be directed by a professional person with full mental health certification who is responsible for its overall implementation and maintenance and for periodic review of each trainee's progress. (ii) The clinical experience component of the approved training program must include instruction in, observation of, and supervised participation in all facility procedures involving or requiring the privileges specified in ARM 37.91.407 . The trainee's clinical experience must be directly supervised by a professional person with either full or facility mental health certification who will report to the training director on a regular schedule. (3) "Certification committee" means the committee established to rule on applications for certification. The committee consists of three members, the committee chairperson and two members appointed by the chairperson and approved by the director of the department. The chairperson is appointed by the director of the department. At least one member of the committee must have full mental health professional person certification. (4) "Clinical competency evaluation" means a clinic-based procedure and written instrument for the assessment of an applicant's conceptual understanding of and competency in using the materials and skills presented in the approved facility training program. A clinical competency evaluation will be designed and conducted by the facility and must be approved as to form and content by the department and by the certification committee. The clinical competency evaluation must be supervised by a professional person with full mental health certification who will endorse the individual's application for facility mental health certification upon successful performance in the evaluation. (5) "Clinical mental health experience" means work experience evaluating persons for mental illness and providing direct mental health treatment to a caseload which includes persons 18 years and older who are seriously impaired due to mental illness. Such experience must take place in an agency, organization, or unit within an organization in which the primary purpose is the treatment of mental disorders. (6) "Department" means the Department of Public Health and Human Services provided for in 2-15-2201 , MCA. (7) "Facility" means a mental health facility as defined in 53-21-102 , MCA. (8) "Facility mental health certification" means a level of certification which qualifies the person so certified to act as a mental health professional person only in the facility for which the person is certified and only with those privileges described in ARM 37.91.407 . (9) "Full mental health certification" means a level of certification which qualifies the person so certified to act as a mental health professional person in all areas described in Title 53, chapter 21, MCA. (10) "Mental Health Professional Person" means a type of professional person who is certified by the department under 53-21-106 , MCA, to perform the privileges granted under ARM 37.91.402 . (11) "Professional person" means a mental health professional person as defined in 53-21-102 (16), MCA. Authorizing statute(s): 53-21-106 , MCA Implementing statute(s): 53-21-106 , MCA History: NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039; AMD, 2014 MAR p. 503, Eff. 3/14/14.