_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising laws related to behavioral health peer support specialists; providing for licensure of peer support specialists; establishing licensing requirements; establishing requirements for candidates for licensure; specifying requirements for supervision of peer support specialists and licensure candidates; and AMENDING SECTIONS 37-38-101, 37-38-102, 37-38-106, 37-38-201, AND 37-38-202, MCA."

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

NEW SECTION. Section 1. Behavioral health peer support specialist licensure candidate -- registration requirements -- standards. (1) A person who has completed the training requirements for licensure under 37-38-202 but who has not completed the supervised training and work experience required for licensure shall register as a behavioral health peer support licensure candidate in order to engage in behavioral health peer support and earn the supervised training and experience required for licensure.

(2) To register, the person shall submit:

(a) the attestation required under 37-38-202(1);

(b) the application and fee required by the board;

(d) fingerprints for the purpose of fingerprint background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307; and

(e) a training and supervision plan that meets requirements set by the board.

(3) A licensure candidate shall complete 1,000 hours of supervised training and work experience before applying for licensure. At a minimum, the supervised experience must include:

(a) 200 hours of one-on-one direct behavioral health peer support;

(b) 10 hours facilitating or cofacilitating peer-led groups; and

(i) 12 hours related to suicide prevention and intervention;

(ii) 10 hours related to professional boundaries and ethical responsibilities;

(iii) 6 hours related to self-care and wellness;

(iv) 6 hours related to professional development for behavioral health peer support specialists;

(v) 4 hours related to deescalation strategies; and

(vi) 2 hours related to opiate overdose prevention and intervention.

(4) A competent mental health professional must provide 1 hour of face-to-face supervision for every 20 hours of supervised behavioral health peer support activities, other than continuing education, required under subsection (3).

(5) Following satisfaction of the requirements of subsection (2) and approval by the board, a person may engage in behavioral health peer support under the conditions set by the board and use the title of "behavioral health peer support specialist licensure candidate".

(6) A licensure candidate shall conform to the standards of conduct applicable to a licensed behavioral health peer support specialist. Unprofessional conduct or failure to satisfy the training and work requirements or other conditions set by the board may result in disciplinary action, sanctions, or other restriction of a person's authorization to act as a behavioral health peer support specialist licensure candidate.

(7) A person shall register annually as a behavioral health peer support specialist licensure candidate. The board may limit the number of years that a person may act as a licensure candidate.

Section 2. Section 37-38-101, MCA, is amended to read:

"37-38-101. Behavioral health peer support specialist. The profession of behavioral health peer support specialist is subject to certification licensure requirements set forth in this chapter and by rules promulgated by the board of behavioral health."

Section 3. Section 37-38-102, MCA, is amended to read:

"37-38-102. Definitions. As used in this chapter, the following definitions apply:

(1) "Behavioral health" includes a person with a diagnosis of:

(a) a mental disorder, as that term is defined in 53-21-102; or

(b) chemical dependency, as that term is defined in 53-24-103.

(2) "Behavioral health peer support" means the use of a peer support specialist's personal experience with a behavioral health disorder to provide support, mentoring, guidance, and advocacy and to offer hope to individuals with behavioral health disorders.

(3) "Behavioral health peer support specialist" means a person who:

(a) has experienced and is in recovery from a behavioral health disorder;

(b) has obtained the education and skills needed to provide recovery support to individuals with behavioral health disorders; and

(3)(4) "Board" means the board of behavioral health established under 2-15-1744.

(4) "Certified behavioral health peer support specialist" means a person who:

(a) has experienced and is in recovery from a behavioral health disorder;

(b) has obtained the education and skills needed to provide therapeutic support to individuals with behavioral health disorders; and

(5) "Mental health professional" means:

(a) a physician licensed under Title 37, chapter 3;

(b) a psychologist licensed under Title 37, chapter 17;

(d) a professional counselor licensed under Title 37, chapter 23;

(e) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

(f) a marriage and family therapist licensed under Title 37, chapter 37; or

(g) a licensed addiction counselor licensed under Title 37, chapter 35."

Section 4. Section 37-38-106, MCA, is amended to read:

"37-38-106. Privileged communications -- exceptions. (1) Certified behavioral Licensed behavioral health peer support specialists and licensure candidates work in health care teams. Communication among team members that is essential for the supported individual's recovery must be defined and established by board rule.

(2) A certified licensed behavioral health peer support specialist or licensure candidate may not disclose any information the behavioral health peer support specialist or licensure candidate acquires from an individual to whom the behavioral health peer support specialist or licensure candidate provides behavioral health peer support except only:

(a) when the behavioral health peer support specialist or licensure candidate has:

(a)(i) with obtained the written consent of the individual or, in the case of the individual's death or mental incapacity, with the written consent of the individual's personal representative or guardian;

(b)(ii) when received a communication that otherwise would be confidential but reveals that the individual or another person is contemplating the commission of a crime; or

(iii) determined that a communication that would otherwise be confidential in the behavioral health peer support specialist's professional opinion reveals a threat of imminent harm to the individual or others;

(c)(iv) that if the individual is in the case of a minor, and acquired information acquired by the certified behavioral health peer support specialist that indicates that the minor was the victim of a crime, the peer support specialist may be and the behavioral health peer support specialist or licensure candidate is required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry;

(d)(v) been named in an action brought by that if the an individual or the individual's personal representative or guardian brings an action against a certified behavioral health peer support specialist for a claim arising out of the behavioral health peer support specialist's or licensure candidate's professional relationship with the individual,. In that instance, the individual is considered to have waived any privilege;.

(e)(b) to the extent that the privilege is otherwise waived by the individual; and

(f)(c) as may otherwise be required by law."

Section 5. Section 37-38-201, MCA, is amended to read:

"37-38-201. Certification Licensure required -- exceptions. (1) Upon certification Following licensure in accordance with this chapter, a person may use the title "certified licensed behavioral health peer support specialist" or "behavioral health peer support specialist".

(2) Subsection (1) does not prohibit a qualified member of another profession, such as a physician, lawyer, psychologist, pastoral counselor, probation officer, court employee, nurse, school counselor, educator, chemical dependency counselor accredited by a federal agency, clinical social worker licensed pursuant to Title 37, chapter 22, clinical professional counselor licensed pursuant to Title 37, chapter 23, addiction counselor licensed pursuant to Title 37, chapter 35, or marriage and family therapist licensed pursuant to Title 37, chapter 37, from performing duties and services consistent with the person's licensure or certification and the code of ethics of the person's profession.

(3) Subsection (1) does not prohibit a qualified member of another profession, business, educational program, or volunteer organization who is not licensed or certified or for whom there is no applicable code of ethics, including peer mentors, advocates, and coaches, from performing duties and services consistent with the person's training, as long as the person does not represent by title that the person is engaging in the practice of behavioral health peer support."

Section 6. Section 37-38-202, MCA, is amended to read:

"37-38-202. Certificate Licensure requirements -- supervision -- fees. (1) A person may apply for certification licensure as a behavioral health peer support specialist if the person has attested to the fact that the person:

(a) has been diagnosed by a mental health professional as having a behavioral health disorder;

(b) has received treatment for the diagnosed behavioral health disorder; and

(2) An applicant shall submit a written application on a form provided by the board and an application fee prescribed by the board. A person must be recertified relicensed annually using a process specified by the board by rule, including payment of a fee prescribed by the board.

(3) An applicant must have:

(a) successfully completed a training course in behavioral health peer support, as defined by the board by rule, which must include a module in ethics; and

(b) verified the applicant's ability to perform all essential functions of the certified peer support role through the application and certification licensure process provided for by the board; and

(c) provided proof of completion of 1,000 hours of supervised behavioral health peer support training and work experience as required under [section 1].

(4) As a prerequisite to the issuance of a certificate license, the board shall require the applicant to submit fingerprints for the purpose of fingerprint background checks by the Montana department of justice and the federal bureau of investigation as provided in 37-1-307.

(5) Pursuant to 37-1-203, an applicant who has a history of criminal convictions has the opportunity to demonstrate to the board that the applicant is sufficiently rehabilitated to warrant the public trust. The board may deny the license if it determines that the applicant is not sufficiently rehabilitated.

(6) (a) Supervision of a certified behavioral health peer support specialist must be provided by aA competent mental health professional must provide 1 hour of face-to-face supervision for every 40 hours of behavioral health peer support provided by a licensed behavioral health peer support specialist. The amount, duration, and scope of supervision may vary depending on the demonstrated competency and experience of the peer support specialist, as well as the service mix. Supervision may range from direct oversight to periodic care consultation. The board may create guidelines for supervision but must allow for flexibility in the provision of behavioral health peer support services.

(b) Supervision under this subsection (6) must be provided by a physician, a psychologist, an advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing, a clinical social worker, a clinical professional counselor, a marriage and family therapist, or an addiction counselor.

(i) have an active license in good standing in Montana; and

(ii) have been licensed for a minimum of 3 years, excluding licensure as a candidate; or

(iii) have at least 20 hours of board-approved training in supervision.

(7) In selecting approved training courses as required in subsection (3), the board shall provide as much flexibility and inclusivity as possible to applicants. The board shall review existing training materials from national, regional, and state agencies and organizations, including existing Montana-based peer support providers, that adequately address the essential functions of the certified peer support role and shall include those materials as possible. The board may not exclude a training course from the list of approved courses solely because the training course was created by or is provided by a faith-based or culturally based entity, association, tribe, church, or educational institution."

NEW SECTION. Section 7. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 37, chapter 38, and the provisions of Title 37, chapter 38, apply to [section 1].