ARM 37.91.4

ARM 37.91.4 Certification Requirements and Privileges

This regulation establishes certification requirements and privileges for mental health professional persons in Montana, covering both full mental health certification and facility mental health certification. Full certification requires demonstrated clinical experience and knowledge of Montana's mental health statutes, while facility certification requires facility-specific training, competency evaluation, and specified educational credentials. Certified professionals are authorized to perform functions such as approving voluntary admissions, participating in involuntary commitments, ordering discharges, and approving inpatient treatment plans at mental health facilities. This is an individual clinician credentialing rule, not a facility licensing rule.

37.91.401
 REQUIREMENTS FOR FULL MENTAL HEALTH CERTIFICATION 

(1)
 
Applicants for full mental health certification must demonstrate successful performance as licensed mental health clinicians, a thorough understanding of the statutory responsibilities of a mental health professional person, and knowledge of the full range of mental health services in Montana. Licensed clinicians who relocate to Montana and have never performed professional person duties in any other state must have at least three months' experience as a Montana mental health professional person in training before applying for 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.

37.91.402
 PRIVILEGES OF FULL MENTAL HEALTH CERTIFICATION 

(1)
 
A professional person with full mental health certification is qualified to: 

(a)
 
approve applications for voluntary admissions to mental health facilities; 

(b)
 
participate as a mental health professional person in involuntary commitments and recommitments to mental health facilities; 

(c)
 
concur in the emergency detention of a person believed to be seriously mentally ill; 

(d)
 
order the discharge of a patient during, or at the end of, the initial commitment period; 

(e)
 
request a court-ordered release to alternative treatment; 

(f)
 
request a conditional release from a mental health facility; 

(g)
 
request the readmission of a conditionally released patient; 

(h)
 
review and initial, within 24 hours, summaries of extraordinary incidents involving patients; 

(i)
 
supervise approved training programs and clinical competency evaluations; and 

(j)
 
perform all the privileges specified in ARM 
37.91.407
. 

(2)
 
Mental health facilities may impose stricter standards than those in ARM 
37.91.401
 when defining staff privileges. 

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.

37.91.406
 REQUIREMENTS FOR FACILITY MENTAL HEALTH CERTIFICATION 

(1)
 
Applicants for facility mental health certification must be employed by the facility in a position requiring the exercise of the privileges specified in ARM 
37.91.407
. They must also demonstrate clinical competency and a thorough understanding of the statutory responsibilities of a professional person with facility mental health certification. This can be accomplished only by successful completion of the facility's approved training program and satisfactory performance on the clinical competency evaluation. In addition, a professional person with facility mental health certification must have earned one of the following: 

(a)
 
licensure as a registered nurse; or 

(b)
 
a bachelor's degree or graduate degree from an accredited college or university in a field which is directly related to some aspect of treatment of mental illness. 

(2)
 
For a period of 6 months following the effective date of these rules the certification committee may grant facility mental health certification to any individual who: 

(a)
 
has been employed by the facility in a position requiring the exercise of the privileges specified in ARM 
37.91.407
 for at least 6 months; 

(b)
 
has received training and supervision substantially equivalent to the facility's approved training program as evidenced by a letter from the professional person directing the approved training program; 

(c)
 
has successfully completed the facility's clinical competency evaluation; and 

(d)
 
meets the specified educational requirements for facility mental health 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.

37.91.407
 PRIVILEGES OF FACILITY MENTAL HEALTH CERTIFICATION 

(1)
 
A professional person with facility mental health certification is qualified to: 

(a)
 
approve and monitor the implementation of treatment plans of inpatients in accordance with the facility's written policies; 

(b)
 
supervise nonprofessional staff in accordance with the facility's written policies; and 

(c)
 
supervise the day-to-day clinical experience of a trainee under the facility's approved training program. 

(2)
 
Mental health facilities may impose stricter standards than those in ARM 
37.91.406
 when defining staff privileges. 

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.