Senate Bill No. 208
Introduced By estrada, ahner, thomas, benedict, christiaens, depratu, harp, eck, jenkins, lynch, shea, quilici, pavlovich, kottel, waterman, cocchiarella, mahlum, galvin, ohs
A Bill for an Act entitled: "An Act creating a problem and pathological gambling treatment and problem gambling
prevention program; requiring the department of public health and human services to develop, implement, and administer
the program; providing for services to be provided by the program; AND providing rulemaking authority
; and providing an
STATEMENT OF INTENT
A statement of intent is required for this bill because [section 2] authorizes the department of public health and human services to adopt rules necessary to design, implement, and administer a problem and pathological gambling treatment and problem gambling prevention program. It is intended that the rules address reimbursement procedures and criteria, evaluation criteria, treatment eligibility criteria, and credentials for persons providing treatment.
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Definitions. As used in [sections 1 through 3], unless the context requires otherwise, the following definitions apply:
(1) "Certified problem gambling counselor" means a person certified as a gambling counselor by a nationally recognized certification council or board that is recognized by the department.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Pathological gambling" means an impulse control disorder that meets the diagnostic criteria set forth in the Diagnostic and Statistical Manual of Mental Disorders:DSM-IV of the American psychiatric association.
(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.
(5) "Problem gambling counselor" means a person with the education, training, and experience required by the department or with national certification to provide treatment services to pathological gamblers. This term includes certified problem gambling counselors.
(6) "Problem gambling prevention" means services designed to reduce the prevalence of problem and pathological gambling among Montana residents, such as educational services for the general public and early intervention services for persons who may be experiencing gambling-related problems.
NEW SECTION. Section 2. Department duties -- development and implementation of program. (1) The department shall develop a problem and pathological gambling treatment and problem gambling prevention program. The purpose of the program is to provide for the prevention and treatment of problem and pathological gambling in Montana.
(2) The program must include:
(a) a statewide plan to address problem and pathological gambling;
(b) priorities for funding services;
(c) criteria for distributing program funds; and
(d) required qualifications for problem gambling counselors to provide services for the program.
(3) The department shall administer the program and shall:
(a) provide for the services in [section 3];
(b) monitor expenditure of funds by agencies and organizations receiving program funding;
(c) evaluate the effectiveness of services provided through the program;
(d) provide a biennial report to the gaming advisory council, provided for in 2-15-2021, and to the legislature in the manner specified in 5-11-210.
(4) The department shall adopt rules necessary for the development, implementation, and administration of the program, including:
(a) procedures for reimbursing public or community-based agencies and private organizations for providing treatment services to pathological gamblers and intervention services to persons adversely affected by gambling;
(b) criteria for selecting problem gambling counselors, agencies, or organizations to be eligible for reimbursement for providing treatment services;
(c) requirements for records to be maintained by problem gambling counselors, agencies, and organizations receiving reimbursement;
(d) criteria for evaluating services provided by problem gambling counselors, agencies, and organizations receiving reimbursement;
(e) criteria for determining eligibility for treatment and rehabilitation for pathological gambling, including an independent evaluation required for inpatient admissions and the provision of treatment and rehabilitation services based upon an ability to pay;
(f) the credentials, education, training, and requirements of problem gambling counselors who are providing program treatment and rehabilitation services for persons suffering from pathological gambling, including recognition of qualified, nationally recognized certification councils or boards; and
(g) criteria by which to evaluate the effectiveness of the services provided.
NEW SECTION. Section 3. Problem and pathological gambling treatment and problem gambling prevention program services. (1) The department shall provide:
(a) a range of treatment services to pathological gamblers and their immediate families, including but not limited to outpatient services, intensive outpatient services, aftercare services, and inpatient services to those persons who require specialized care;
(b) problem gambling prevention and educational services to the general public; and
(c) a toll-free telephone service for crisis intervention and referral of problem or pathological gamblers to problem gambling counselors who are participating in the program.
(2) The department may contract with problem gambling counselors, public or community-based agencies, and private organizations to provide the services in this section.
NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 53, and the provisions of Title 53 apply to [sections 1 through 3].
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1997.