This regulation establishes the application, renewal, revocation, and continuation procedures for 'professional person' certification under Montana's mental health statutes (Title 53, Chapter 21, MCA). It governs individual clinician credentialing — including submission of academic documentation, licensure, references, written examination, and continuing education requirements — rather than licensing or setting operating standards for any specific facility type. Compliance staff should note this is an individual practitioner certification process, not a facility licensure rule.
View official source37.91.201 APPLICATION PROCESS (1) Application for professional person certification will be made on forms provided by the department. (2) An applicant for full mental health certification must submit documentation of academic training, documentation of current Montana licensure as a clinical mental health professional, letters of reference testifying to clinical competence, and an endorsement by a professional person with full mental health certification indicating that the applicant fully understands the responsibilities of a professional person. In addition, an applicant for full mental health certification must successfully complete a written examination covering knowledge of Title 53, chapter 21, MCA and the mental health services in the state to include the role of, and treatment services provided at, the Montana state hospital. (3) An applicant for facility mental health certification must submit documentation of academic training, documentation of successful completion of the employing facility's approved training program, and an endorsement from the professional person with full mental health certification who directly supervised the applicant's clinical competency evaluation. (4) The certification committee will meet as necessary, but no fewer than 4 times per year, to review applications. Applicants will be notified in writing of the decision of the committee. The certification committee may grant certification, deny certification, grant certification conditioned upon a passing score on the written examination for full mental health certification, or request additional information from the applicant. (5) Any denial of certification may be appealed pursuant to ARM 37.91.601 . 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. 37.91.205 EXPIRATION AND RENEWAL OF CERTIFICATION (1) Professional person certification will expire three years from the date of certification. (2) The professional person will be notified at least 30 days prior to the expiration date and will be provided a renewal form to record the information required by the certification committee. (3) The certification committee will renew full mental health certification upon submission of proof that the individual continues to perform satisfactorily within Montana in direct treatment of mental illness or direct supervision of mental health treatment programs and evidence that continuing education, training, or instruction relevant to the exercise of professional person privileges and duties was received during the current certification period. (4) The certification committee will renew facility mental health certification upon submission of proof that the individual continues to perform satisfactorily in direct treatment of mental illness in the facility for which the person is certified and evidence from the employing facility that continuing education, training, or instruction relevant to the privileges and duties of a professional person with facility certification was received during the current certification period. 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. 37.91.210 REVOCATION OF CERTIFICATION (1) The certification committee may revoke an individual's certification for any of the following reasons: (a) misrepresentation of professional person authority; (b) exercising professional person authority regarding the treatment of a patient without personal knowledge of the patient, situation, or both; (c) conduct in violation of patient rights as cited in Title 53, chapter 21, part 1, MCA; (d) providing an endorsement for an applicant for facility mental health certification without personal knowledge of the applicant's successful performance on the clinical competency evaluation; and (e) failing to meet ongoing educational requirements or suspension or revocation of their mental health professional license. (2) The certification committee will investigate any allegations against a professional person which falls into one of the above categories and give the professional person an opportunity to rebut the allegations prior to making a decision regarding revocation of certification. 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. 37.91.220 CONTINUATION OF CERTIFICATION (1) Persons who are certified as a full mental health professional person as of the date of final adoption of these rules will be granted full mental health certification on that date for a period of two years or the length of time required to obtain licensure, whichever is shortest. 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.