Administrative Rules of Montana
Department 23 - JUSTICE
Chapter 23.15 - OFFICE OF VICTIMS SERVICES
Subchapter 23.15.3 - Miscellaneous
Rule 23.15.306 - MENTAL HEALTH THERAPISTS

Universal Citation: MT Admin Rules 23.15.306

Current through Register Vol. 18, September 20, 2024

(1) The rules governing physicians apply to mental health therapists, subject to restrictions in this rule.

(2) A mental health therapist must be one of the following to receive payment from the crime victims fund:

(a) medical doctor;

(b) licensed clinical psychologists;

(c) licensed social worker;

(d) licensed professional counselor;

(e) mental health center for services of any of the therapists listed in this section.

(3) Payment for mental health counseling is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Primary victims may request an extension of the time or money limit. An extension may be granted after review of the entire course of treatment, including but not limited to case notes and treatment plans. The reviewer will be a qualified professional therapist chosen by the program, which will make recommendations to deny or grant any extension of treatment and the length of the extension.

(4) Payment for mental health counseling to secondary victims is limited to 12 consecutive months or $2,000 billable services, whichever limit is reached first. Secondary victims may not request an extension of the time or money limit.

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

(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) Parent, child, and sibling of a victim include:
(i) the victim's natural and adoptive parents, natural and adopted children, and natural and adopted siblings; and

(ii) stepparents, stepchildren, and stepsiblings. However, in the case of a sexually offended minor, the stepparent and the stepsibling must have resided with the victim at the time of the criminally injurious conduct, and the stepparent must continue to reside with the victim in order to qualify for payment for mental health counseling.

(5) Primary victims retain the right to request a hearing under ARM 23.15.202. Secondary victims retain the right to request a hearing under ARM 23.15.202 if they have not been awarded their entire statutory entitlement.

53-9-104, MCA; IMP, 53-9-128, MCA;

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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