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24.219.301    DEFINITIONS

(1) "Direct client contact" means physical presence, telephonic presence, or interactive video link presence of the client, client family member, or client representative.

(2) "Direct observation" of service delivery means participation in the service delivery, observation through a two-way mirror, observation of a video or audiotape of the service delivery, or observation through an interactive video link of the service delivery.

(3) "Dual relationship" means a situation in which a licensee is in a professional role with a person and:

(a) at the same time is in another role with the same person;

(b) at the same time is in a relationship with a person closely associated with or related to the person with whom the licensee has the professional relationship; or

(c) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.

(4) "Exploitation" means the manipulation or use, or the attempted manipulation, or the attempted use of a professional relationship with a client, student, or supervisee for the licensee's emotional, financial, romantic, sexual, or personal advantage, or for the advancement of the licensee's personal, religious, political, or business interests.

(5) "LAC" means licensed addiction counselor.

(6) "LCPC" means licensed clinical professional counselor.

(7) "LCSW" means licensed clinical social worker.

(8) "LMFT" means licensed marriage and family therapist.

(9) "Psychosocial methods" means those professional techniques which are identified as clinical in nature and:

(a) enhance the problem solving and coping capacity of people;

(b) link people with systems that provide them with resources, services, and opportunities;

(c) promote effective and humane operation of these systems; and

(d) contribute to the development and improvement of social policy.

(10) "Psychotherapy and counseling" means the therapeutic process of:

(a) conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives; or

(b) planning, implementing, and evaluating treatment plans that use treatment interventions to facilitate human development and to identify and remediate mental, emotional or behavioral disorders and associated distresses that interfere with mental health. 

(11) "Sexual contact" includes but is not limited to sexual intercourse, either genital or anal, cunnilingus, fellatio, or the handling of the breasts, genital areas, buttocks, or thighs, whether clothed or unclothed.

(12) "Supervisor," when used to refer to a person who supervises the work of an applicant for licensure, means a person who meets the criteria set forth in ARM 24.219.421.

(13) "Training and supervision plan" means a plan, in a form approved by the board, that describes the type, structure, and amount of supervised work experience that a licensure candidate must have in order to satisfy the experience requirements for the type of license the licensure candidate is seeking.

History: 37-1-131, 37-22-201, MCA; IMP, 37-1-131, 37-22-102, 37-22-201, 37-22-313, 37-23-102, 37-23-213, 37-35-102, 37-35-202, 37-37-102, 37-37-205, MCA; NEW, 1984 MAR p. 440, Eff. 3/16/84; AMD, 1991 MAR p. 1931, Eff. 10/18/91; AMD, 1993 MAR p. 3015, Eff. 12/24/93; AMD, 2001 MAR p. 558, Eff. 4/6/01; TRANS, from Commerce, 2004 MAR p. 1477; AMD, 2009 MAR p. 2158, Eff. 11/13/09; AMD, 2011 MAR p. 2038, Eff. 9/23/11; AMD, 2016 MAR p. 221, Eff. 2/6/16.

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