SENATE BILL NO. 224

INTRODUCED BY T. KEATING, D. EWER, C. AHNER, B. CRIPPEN, S. GALLUS, L. GROSFIELD, D. HARRINGTON, J. MCKENNEY, L. SOFT, F. THOMAS, J. TROPILA

A BILL FOR AN ACT ENTITLED: "AN ACT CREATING A PROBLEM AND PATHOLOGICAL GAMBLING PREVENTION AND TREATMENT PROGRAM; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO DEVELOP, IMPLEMENT, AND ADMINISTER THE PROGRAM; PROVIDING RULEMAKING AUTHORITY AND DIRECTION; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Definitions. As used in [sections 1 through 4], unless the context requires otherwise, the following definitions apply:

(1) "Department" means the department of public health and human services established in 2-15-2201.

(2) "Pathological gambling" means an impulse control disorder that meets the diagnostic criteria set forth in the Diagnostic and Statistical Manual of Mental Disorders of the American psychiatric association.

(3) "Pathological gambling counselor" means a person who is:

(a) certified as a pathological gambling counselor by a nationally recognized certification organization that is recognized by the department; or

(b) a qualified provider of counseling services as determined by department rule.

(4) "Problem gambling" means a pattern of gambling-related behavior that compromises, disrupts, or damages personal, family, and vocational pursuits. The term includes pathological gambling and a pattern of gambling in excess of a person's personal or household financial capacity to pay gambling expenses without incurring debt.

(5) "Problem gambling prevention" means services or programs designed to reduce the prevalence of problem gambling and pathological gambling among residents of Montana, including educational services provided to the general public and early intervention programs for persons who may be experiencing gambling-related problems.

(6) "Program" means the problem and pathological gambling prevention and treatment program established in [section 2].

NEW SECTION. Section 2. Problem and pathological gambling prevention and treatment program -- purpose and design. (1) The department shall design and develop a problem and pathological gambling prevention and treatment program. The purpose of the program is to help prevent and treat problem gambling and pathological gambling in Montana. To achieve this purpose, the department shall:

(a) develop a statewide plan to address problem gambling and pathological gambling;

(b) adopt rules necessary to administer the program, pursuant to [section 4];

(c) establish funding priorities and develop criteria for distributing program funds; and

(d) determine the qualifications or requirements for certified pathological gambling counselors who provide program services.

(2) The department shall implement and administer the program for problem gambling and pathological gambling provided for in subsection (1). In administering the program, the department shall:

(a) make services available as provided in [section 3];

(b) monitor the expenditures of agencies and organizations receiving program funding; and

(c) evaluate the effectiveness of services provided through the program.

NEW SECTION. Section 3. Mandated program services. (1) The department shall make available to pathological gamblers and their immediate families, as defined in 16-1-106(11), a range of treatment services, including outpatient services, aftercare services, and inpatient services for persons who require specialized care.

(2) The department shall provide

a biennial report to the gaming advisory council, established in 2-15-2021, and to the legislature in the manner specified in 5-11-210.

(3) The department may:

(a) contract with pathological gambling counselors to provide the relevant services mandated in this section;

(b) provide problem gambling education and prevention services to the general public; and

(c) provide a toll-free telephone service to alleviate gambling-related crises and to refer persons to certified pathological gambling counselors.

NEW SECTION. Section 4. Rules. (1) The department shall adopt rules to address the following:

(a) procedures for reimbursing public, community-based agencies, private organizations, and certified pathological gambling counselors who provide services under the program;

(b) eligibility criteria for agencies and organizations that qualify for reimbursement by the department;

(c) the establishment and maintenance of records by agencies and organizations receiving reimbursement;

(d) criteria for evaluating the quality and cost-effectiveness of services provided by persons, agencies, and organizations involved in the program;

(e) criteria for determining who is eligible to receive program services funded by the department, including a special eligibility requirement for inpatient admissions, taking into consideration an eligible person's ability to pay; and

(f) the education, training, and credentials required by the department of a person who provides services under the program.

(2) The department may adopt rules to meet needs not listed in subsection (1) to administer the program in an effective and efficient manner.

NEW SECTION. Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 53, and the provisions of Title 53 apply to [sections 1 through 4].

NEW SECTION. Section 6. Effective date. [This act] is effective July 1, 1999.

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