1999 Montana Legislature

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HOUSE BILL NO. 462

INTRODUCED BY R. BUZZAS



A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING ACADEMIC DEGREE REQUIREMENTS FOR CHEMICAL DEPENDENCY COUNSELORS; PROVIDING FOR LICENSED MASTER ADDICTIONS COUNSELORS; CHANGING CERTIFICATION OF CHEMICAL DEPENDENCY COUNSELORS TO LICENSURE; PROVIDING FOR AUTOMATIC TRANSFER OF A CURRENT CERTIFICATE TO A LICENSE; AMENDING SECTIONS 33-22-702, 33-22-705, 33-32-102, 37-23-201, 37-35-101, 37-35-102, 37-35-103, 37-35-201, 37-35-202, 37-35-203, 37-35-301, 37-35-304, 45-5-624, 45-9-208, 45-10-108, 53-24-301, AND 61-8-732, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE."



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



     NEW SECTION.  Section 1.  Scope of practice -- licensed master addictions counselor. (1) A licensed master addictions counselor may provide diagnostic and treatment services to individuals with problems of substance-related disorders. To be eligible for licensure as a master addictions counselor, the applicant shall submit on a form provided by the department a written application that demonstrates that the applicant has completed the eligibility requirements and competency standards as defined by department rule.

     (2) A person may apply for licensure as a master addictions counselor if the person has satisfactorily completed:

     (a) a master's degree in counseling consisting of 60 semester hours. The applicant must have, at a minimum, 6 semester hours earned in an advanced counseling internship or practicum from a college or university that is accredited to offer a graduate degree program in counseling and have completed specific chemical dependency counseling course work as defined by department by rule; or

     (b) a master's degree in counseling, consisting of 45 semester hours, that includes an advanced counseling internship or practicum from a college or university accredited to offer a graduate degree program in counseling. The applicant may be eligible for licensure as a master addictions counselor by completing additional course work in chemical dependency counseling as defined by department by rule; and

     (c) 3,000 hours of supervised experience providing chemical dependency counseling services. The supervised experience must be in a chemical dependency treatment setting as defined by department by rule. The rules adopted by the department must specify that 1,000 hours may be earned in the graduate degree internship or practicum and 2,000 hours must be earned postgraduate. Supervision must be provided by:

     (i) a licensed master addictions counselor;

     (ii) a licensed chemical dependency counselor who is also a licensed social worker or a licensed professional counselor; or

     (iii) with respect to an internship or practicum, the college or university in which the master's degree in counseling is being earned.

     (3) Each applicant shall successfully complete:

     (a) a national master addictions counselor's written examination specified in rule by the department; and

     (b) the Montana chemical dependency counselor oral examination. A counselor licensed in Montana as a chemical dependency counselor applying for licensure as a master addictions counselor may not be required to retake the oral examination.

     (4)  The purpose of licensure of the master addictions counselor is to provide the highest level of chemical dependency professional identification in concert with other state and national human services professions. Licensure focusing on master's level preparation is intended to distinguish professionals providing clinical services within the psychoactive substance abuse diagnostic criteria. The rules adopted by the department must be consistent with these professional standards for eligibility, competency, and educational requirements.



     NEW SECTION.  Section 2.  Scope of practice -- licensed master addictions counselor. (1) A licensed master addictions counselor may provide diagnostic and treatment services to individuals with problems of substance-related disorders. To be eligible for licensure as a master addictions counselor, the applicant shall submit on a form provided by the department a written application that demonstrates that the applicant has completed the eligibility requirements and competency standards as defined by department rule.

     (2) A person may apply for licensure as a master addictions counselor if the person has satisfactorily completed:

     (a) a master's degree in counseling consisting of 60 semester hours. The applicant must have, at a minimum, 6 semester hours earned in an advanced counseling internship or practicum from a college or university that is accredited to offer a graduate degree program in counseling and have completed specific chemical dependency counseling course work as defined by department by rule; and

     (b) 3,000 hours of supervised experience providing chemical dependency counseling services. The supervised experience must be in a chemical dependency treatment setting as defined by department by rule. The rules adopted by the department must specify that 1,000 hours may be earned in the graduate degree internship or practicum and 2,000 hours must be earned postgraduate. Supervision must be provided by:

     (i)  a licensed master addictions counselor; or

     (ii)  with respect to an internship or practicum, by the college or university in which the master's degree in counseling is being earned.

     (3) Each applicant shall successfully complete:

     (a) a national master addictions counselor's written examination specified in rule by the department; and

     (b) the Montana chemical dependency counselor oral examination. A counselor licensed in Montana as a chemical dependency counselor applying for licensure as a master addictions counselor may not be required to retake the oral examination.

     (4)  The purpose of licensure of the master addictions counselor is to provide the highest level of chemical dependency professional identification in concert with other state and national human services professions. Licensure focusing on master's level preparation is intended to distinguish professionals providing clinical services within the psychoactive substance abuse diagnostic criteria. The rules adopted by the department must be consistent with these professional standards for eligibility, competency, and educational requirements.



     Section 3.  Section 33-22-702, MCA, is amended to read:

     "33-22-702.  Definitions. For purposes of this part, the following definitions apply:

     (1)  "Chemical dependency treatment center" means a treatment facility that:

     (a)  provides a program for the treatment of alcoholism or drug addiction pursuant to a written treatment plan approved and monitored by a physician or chemical dependency counselor certified licensed by the state; and

     (b)  is licensed or approved as a treatment center by the department of public health and human services under 53-24-208.

     (2)  "Inpatient benefits" are as set forth in 33-22-705.

     (3)  "Mental health treatment center" means a treatment facility organized to provide care and treatment for mental illness through multiple modalities or techniques pursuant to a written treatment plan approved and monitored by an interdisciplinary team, including a licensed physician, psychiatric social worker, and psychologist, and a treatment facility that is:

     (a)  licensed as a mental health treatment center by the state;

     (b)  funded or eligible for funding under federal or state law; or

     (c)  affiliated with a hospital under a contractual agreement with an established system for patient referral.

     (4)  (a) "Mental illness" means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and that is associated with:

     (i)  present distress or a painful symptom;

     (ii) a disability or impairment in one or more areas of functioning; or

     (iii) a significantly increased risk of suffering death, pain, disability, or an important loss of freedom.

     (b)  Mental illness must be considered as a manifestation of a behavioral, psychological, or biological dysfunction in a person.

     (c)  Mental illness does not include:

     (i)  a developmental disorder;

     (ii) a speech disorder;

     (iii) a psychoactive substance use disorder;

     (iv) an eating disorder, except for bulimia and anorexia nervosa; or

     (v)  an impulse control disorder, except for intermittent explosive disorder and trichotillomania.

     (5)  "Outpatient benefits" are as set forth in 33-22-705."



     Section 4.  Section 33-22-705, MCA, is amended to read:

     "33-22-705.  Inpatient and outpatient benefits. (1) "Inpatient benefits" are benefits payable for charges made by a hospital or freestanding inpatient facility for the necessary care and treatment of mental illness, alcoholism, or drug addiction furnished to a covered person while confined as an inpatient and, with respect to major medical policies or contracts, also includes those benefits payable for charges made by a physician for the necessary care and treatment of mental illness, alcoholism, or drug addiction furnished to a covered person while confined as an inpatient. Care and treatment of alcoholism or drug addiction in a freestanding inpatient facility must be in a chemical dependency treatment center that is approved by the department of public health and human services under 53-24-208.

     (2)  "Outpatient benefits" are benefits payable for:

     (a)  reasonable charges made by a hospital for the necessary care and treatment of mental illness, alcoholism, or drug addiction furnished to a covered person while not confined as an inpatient;

     (b)  reasonable charges for services rendered or prescribed by a physician for the necessary care and treatment for mental illness, alcoholism, or drug addiction furnished to a covered person while not confined as an inpatient;

     (c)  reasonable charges made by a mental health or chemical dependency treatment center for the necessary care and treatment of a covered person provided in the treatment center. The chemical dependency treatment center must be approved by the department of public health and human services under 53-24-208.

     (d)  reasonable charges for services rendered by a licensed psychiatrist, psychologist, licensed professional counselor, licensed social worker, or chemical dependency counselor certified licensed by the department of commerce under Title 37, chapter 35."



     Section 5.  Section 33-32-102, MCA, is amended to read:

     "33-32-102.  Definitions. As used in this chapter, the following definitions apply:

     (1)  "Commissioner" means the commissioner of insurance provided for in 2-15-1903.

     (2)  "Health care provider" means a person, corporation, facility, or institution licensed by the state to provide or otherwise lawfully providing health care services, including but not limited to:

     (a)  a physician, health care facility as defined in 50-5-101, osteopath, dentist, nurse, optometrist, chiropractor, podiatrist, physical therapist, psychologist, licensed social worker, speech pathologist, audiologist, certified licensed chemical dependency counselor, or licensed professional counselor; and

     (b)  an officer, employee, or agent of a person described in subsection (2)(a) acting in the course and scope of employment.

     (3)  "Health care services" means the health care and services provided by health care providers, including drugs, medicines, ambulance services, and other therapeutic and rehabilitative services and supplies.

     (4)  "Utilization review" means a system for review of health care services for a patient to determine the necessity or appropriateness of services, whether that review is prospective, concurrent, or retrospective, when the review will be utilized directly or indirectly in order to determine whether the health care services will be paid, covered, or provided. Utilization review does not include routine claim administration or determination that does not include determinations of medical necessity or appropriateness."



     Section 6.  Section 37-23-201, MCA, is amended to read:

     "37-23-201.  Representation or practice as licensed clinical professional counselor -- license required. (1) Upon issuance of a license in accordance with this chapter, a licensee may use the title "licensed clinical professional counselor" or "professional counselor".

     (2)  Except as provided in subsection (3), a person may not represent that the person is a licensed professional counselor or licensed clinical professional counselor by adding the letters "LPC" or "LCPC" after the person's name or by any other means, engage in the practice of professional counseling, or represent that the person is engaged in the practice of professional counseling, unless licensed under this chapter.

     (3)  Individuals licensed in accordance with this chapter before October 1, 1993, who use the title "licensed professional counselor" or "LPC" may use the title "licensed clinical professional counselor" or "LCPC".

     (4)  Subsection (2) does not prohibit:

     (a)  a qualified member of another profession, such as a physician, lawyer, pastoral counselor, probation officer, court employee, nurse, school counselor, educator, chemical dependency counselor accredited by a federal agency, or chemical dependency counselor certified licensed pursuant to Title 37, chapter 35, from performing duties and services consistent with the person's licensure or certification and the code of ethics of the person's profession or, in the case of a qualified member of another profession who is not licensed or certified or for whom there is no applicable code of ethics, 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 professional counseling;

     (b)  an activity or service or use of an official title by a person employed by or acting as a volunteer for a federal, state, county, or municipal agency or an educational, research, or charitable institution that is a part of the duties of the office or position;

     (c)  an activity or service of an employee of a business establishment performed solely for the benefit of the establishment's employees;

     (d)  an activity or service of a student, intern, or resident in mental health counseling pursuing a course of study at an accredited university or college or working in a generally recognized training center if the activity or service constitutes a part of the supervised course of study;

     (e)  an activity or service of a person who is not a resident of this state, which activity or service is rendered for a period that does not exceed, in the aggregate, 60 days during a calendar year, if the person is authorized under the law of the state or country of residence to perform the activity or service. However, the person shall report to the department of commerce the nature and extent of the activity or service if it exceeds 10 days in a calendar year.

     (f)  pending disposition of the application for a license, the activity or service by a person who has recently become a resident of this state, has applied for a license within 90 days of taking up residency in this state, and is licensed to perform the activity or service in the state of the person's former residence;

     (g)  an activity or service of a person who is working to satisfactorily complete the 3,000 hours of counseling practice required for licensure by 37-23-202(1)(b) if the person has already completed a planned graduate program as required by 37-23-202(1)(a) or is working to complete the 3,000 hours of social work experience as required by 37-22-301; or

     (h)  an activity or service performed by a licensed social worker, licensed psychiatrist, or licensed psychologist when performing the activity or service in a manner consistent with the person's license and the code of ethics of the person's profession."



     Section 7.  Section 37-35-101, MCA, is amended to read:

     "37-35-101.  Purpose. The legislature finds and declares that because the profession of chemical dependency counseling profoundly affects the lives of people of this state, it is the purpose of this chapter to provide for the common good by ensuring the ethical, qualified, and professional practice of chemical dependency counseling. This chapter and the rules promulgated under 37-35-103 set standards of qualification, education, training, and experience and establish professional ethics for those who seek to engage in the practice of chemical dependency counseling as certified licensed chemical dependency counselors."



     Section 8.  Section 37-35-102, MCA, is amended to read:

     "37-35-102.  Definitions. As used in this chapter, the following definitions apply:

     (1)  "Accredited college or university" means a college or university accredited by a regional accrediting association for institutions of higher learning.

     (2)  "Certified chemical dependency counselor" means a person who has the knowledge and skill necessary to provide the therapeutic process of chemical dependency counseling and who is certified under the provisions of this chapter.

     (3)(2)  "Chemical dependency" means the use of any chemical substance, legal or illegal, that creates behavior or health problems, or both, resulting in operational impairment. This term includes alcoholism, drug dependency, or both, that endanger the health, interpersonal relationships, or economic functions of an individual or the public health, safety, or welfare.

     (4)(3)  "Department" means the department of commerce provided for in 2-15-1801.

     (4) "Licensed chemical dependency counselor" means a person who has the knowledge and skill necessary to provide the therapeutic process of chemical dependency counseling and who is licensed under the provisions of this chapter."



     Section 9.  Section 37-35-103, MCA, is amended to read:

     "37-35-103.  Department powers and duties. (1) The department shall:

     (a)  examine, certify license, and renew the certificates licenses of qualified applicants;

     (b)  adopt rules:

     (i)  for eligibility requirements and competency standards;

     (ii) prescribing the time, place, content, and passing requirements of the certification licensure and competency examinations and passing scores for certification licensure under 37-35-202 and [sections 1 and 2];

     (iii) for application forms and fees for certification licensure and for renewal and certification license expiration dates; and

     (iv) defining any unprofessional conduct that is not included in 37-1-316; and

     (c)  adopt and implement rules for training programs, internships, and continuing education requirements to ensure the quality of chemical dependency counseling.

     (2)  The department may:

     (a)  adopt rules necessary to implement the provisions of this chapter;

     (b)  adopt rules specifying the scope of chemical dependency counseling that are consistent with the education required by 37-35-202 and [sections 1 and 2]; and

     (c)  establish recertification relicensure requirements and procedures that the department considers appropriate."



     Section 10.  Section 37-35-201, MCA, is amended to read:

     "37-35-201.  Certificate License required -- exceptions. (1) Except as otherwise provided in this chapter, a person may not practice chemical dependency counseling or represent to the public that the person is a certified licensed chemical dependency counselor unless the person is certified licensed under the provisions of this chapter.

     (2)  This chapter does not prohibit an activity or service:

     (a)  performed by a qualified member of a profession, such as a physician, lawyer, licensed professional counselor, licensed social worker, licensed psychiatrist, licensed psychologist, nurse, probation officer, court employee, pastoral counselor, or school counselor, consistent with the person's licensure or certification and the code of ethics of the person's profession, as long as the person does not represent by title that the person is a certified licensed chemical dependency counselor. If a person is a qualified member of a profession that is not licensed or certified or for which there is no applicable code of ethics, this section does not prohibit an activity or service of the profession as long as the person does not represent by title that the person is a certified licensed chemical dependency counselor.

     (b)  of, or use of an official title by, a person employed or acting as a volunteer for a federal, state, county, or municipal agency or an educational, research, or charitable institution if that activity or service or use of that title is a part of the duties of the office or position;

     (c)  of an employee of a business establishment performed solely for the benefit of the establishment's employees;

     (d)  of a student, intern, or resident in chemical dependency counseling who is pursuing a course of study at an accredited college or university or who is working in a generally recognized training center if the activity or service constitutes part of the course of study;

     (e)  of a person who is not a resident of this state if the activity or service is rendered for a period that does not exceed, in the aggregate, 60 days during a calendar year and if the person is authorized under the laws of the state or country of residence to perform the activity or service. However, the person shall report to the department the nature and extent of the activity or service if it exceeds 10 days in a calendar year.

     (f)  of a person who is working to satisfactorily complete supervised chemical dependency counseling experience required for certification licensure.

     (3)  This chapter is not intended to limit, preclude, or interfere with the practice of other persons and health care providers licensed by the appropriate agencies of the state of Montana."



     Section 11.  Section 37-35-202, MCA, is amended to read:

     "37-35-202.  Certification Licensure requirements -- examination -- fees. (1) To be eligible for certification licensure as a chemical dependency counselor, the applicant shall submit an application fee in an amount established by the department by rule and a written application on a form provided by the department that demonstrates that the applicant has completed the eligibility requirements and competency standards as defined by department rule.

     (2)  A person may apply for certification licensure as a certified licensed chemical dependency counselor if the person has:

     (a)  received a baccalaureate or postgraduate degree in alcohol and drug studies, psychology, sociology, social work, counseling, or a related counseling-related field from an accredited college or university; or

     (b)  received an associate of arts degree in alcohol and drug studies, chemical dependency, or substance abuse from an accredited institution; or

     (c)  successfully completed at least 1 year of formalized training in chemical dependency counseling in a program approved by the department or recognized under the laws of another state.

     (3)  Prior to becoming eligible to begin the examination process, each person shall complete supervised work experience in a chemical dependency treatment program as defined by the department, in an internship approved by the department, or in a similar program recognized under the laws of another state.

     (4)  Each applicant shall successfully complete a competency examination process as defined by rules adopted by the department.

     (5)  A person holding a certificate license to practice as a certified licensed chemical dependency counselor in this state may use the title "certified "licensed chemical dependency counselor"."



     Section 12.  Section 37-35-203, MCA, is amended to read:

     "37-35-203.  Renewal of certificate license -- application and fee. (1) A certificate license expires biennially on the date set by department rule.

     (2)  A certificate license holder may renew a certificate license by:

     (a)  filing an application on a form prescribed by the department; and

     (b)  paying a renewal fee in an amount established by the department.

     (3)  A default in the payment of a renewal fee after the date it is due may increase the fee, as prescribed by the department by rule.

     (4)  It is unlawful for a person who refuses or fails to pay the renewal fee to practice as a certified licensed chemical dependency counselor in this state.

     (5)  A certificate license not renewed within 1 year following its expiration date terminates automatically."



     Section 13.  Section 37-35-301, MCA, is amended to read:

     "37-35-301.  Unprofessional conduct complaint -- sanctions. (1) A formal complaint alleging unprofessional conduct by a certified licensed chemical dependency counselor may be directed to the department. The charges must be made by an affidavit, subscribed and sworn to by the person making it, and filed with the department.

     (2)  The complaint may allege any unprofessional conduct contained in 37-1-316 or as further defined by department rule that constitutes a threat to the public health, safety, or welfare and that is inappropriate to the practice of a certified licensed chemical dependency counselor.

     (3)  The director of the department shall appoint a review panel to investigate a complaint of unprofessional conduct directed to the department. The panel must consist of:

     (a)  two certified licensed chemical dependency counselors;

     (b)  one employee of the department; and

     (c)  two members of the public.

     (4)  The panel shall recommend to the department either that the person be cleared of any charges or that a sanction or combination of sanctions contained in 37-1-312 be imposed.

     (5)  For the purposes of this section, the department is vested with a board's authority for the purposes of the procedures in 37-1-307 through 37-1-318 regarding unprofessional conduct, and 37-1-301 through 37-1-318 apply to any proceeding under this section."



     Section 14.  Section 37-35-304, MCA, is amended to read:

     "37-35-304.  Transition -- transfer of certificates. The department shall grant a certificate license without the need for further application or other requirements to those persons holding a current, unrestricted certificate as a certified chemical dependency counselor as of July 1, 1997 1999, that was issued by the department of public health and human services state."



     Section 15.  Section 45-5-624, MCA, is amended to read:

     "45-5-624.  Unlawful attempt to purchase or possession of intoxicating substance -- interference with sentence or court order. (1) A person under 21 years of age commits the offense of possession of an intoxicating substance if the person knowingly consumes or has in the person's possession an intoxicating substance. A person does not commit the offense if the person consumes or gains possession of the beverage because it was lawfully supplied to the person under 16-6-305 or when in the course of employment it is necessary to possess alcoholic beverages.

     (2)  In addition to any disposition by the youth court under 41-5-1512, a person under 18 years of age who is convicted of the offense of possession of an intoxicating substance:

     (a)  for the first offense, shall be fined an amount not to exceed $100 and:

     (i)  must have the person's driver's license confiscated by the court for not less than 30 days and not more than 90 days and shall be ordered not to drive during that period if the person was driving or was otherwise in actual physical control of a motor vehicle when the offense occurred;

     (ii) shall be ordered to perform community service if a community service program is available; and

     (iii) shall be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available;

     (b)  for a second offense, shall be fined an amount not to exceed $200 and:

     (i)  must have the person's driver's license suspended for not less than 60 days and not more than 120 days;

     (ii) shall be ordered to perform community service if a community service program is available; and

     (iii) shall be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available;

     (c)  for a third or subsequent offense, shall be fined an amount not less than $300 or more than $500 and:

     (i)  must have the person's driver's license suspended for not less than 120 days and not more than 1 year, except that if the person was driving or was otherwise in actual physical control of a motor vehicle when the offense occurred, must have the person's driver's license revoked for 1 year or until the person reaches the age of 18, whichever occurs last;

     (ii) shall be ordered to complete and pay, either directly with money or indirectly through court-ordered community service, if any is available, all costs of participation in a community-based substance abuse information course, if one is available, which may include alcohol or drug treatment, or both, approved by the department of public health and human services, if determined by the court to be appropriate.

     (3)  A person 18 years of age or older who is convicted of the offense of possession of an intoxicating substance:

     (a)  for a first offense, shall be fined an amount not to exceed $50 and be ordered to perform community service if a community service program is available;

     (b)  for a second offense, shall be fined an amount not to exceed $100 and:

     (i)  shall be ordered to perform community service if a community service program is available; and

     (ii) must have the person's driver's license suspended for not more than 60 days if the person was driving or otherwise in actual physical control of a motor vehicle when the offense occurred;

     (c)  for a third or subsequent offense, shall be fined an amount not to exceed $200 and:

     (i)  shall be ordered to perform community service if a community service program is available;

     (ii) must have the person's driver's license suspended for not more than 120 days if the person was driving or otherwise in actual physical control of a motor vehicle when the offense occurred;

     (iii) shall be ordered to complete an alcohol information course at an alcohol treatment program approved by the department of public health and human services, which may, in the sentencing court's discretion and upon recommendation of a certified licensed chemical dependency counselor, include alcohol or drug treatment, or both; and

     (iv) in the discretion of the court, shall be imprisoned in the county jail for a term not to exceed 6 months.

     (4)  A person under 21 years of age commits the offense of attempt to purchase an intoxicating substance if the person knowingly attempts to purchase an alcoholic beverage. A person convicted of attempt to purchase an intoxicating substance shall be fined an amount not to exceed $50 if the person was 18 years of age or older at the time that the offense was committed or $100 if the person was under 18 years of age at the time that the offense was committed.

     (5)  A defendant who fails to comply with a sentence and is under 21 years of age and was under 18 years of age when the defendant failed to comply must be transferred to the youth court. If proceedings for failure to comply with a sentence are held in the youth court, the offender must be treated as an alleged youth in need of intervention as defined in 41-5-103. The youth court may enter its judgment under 41-5-1512.

     (6)  A person commits the offense of interference with a sentence or court order if the person purposely or knowingly causes a child or ward to fail to comply with a sentence imposed under this section or a youth court disposition order for a youth found to have violated this section and upon conviction shall be fined $100 or imprisoned in the county jail for 10 days, or both.

     (7)  A conviction or youth court adjudication under this section must be reported by the court to the department of justice under 61-11-101 for the purpose of keeping a record of the number of offenses committed but may not be considered part of the person's driving record for insurance purposes unless a second or subsequent conviction or adjudication under this section occurs. (See compiler's comments for contingent termination of certain text.)"



     Section 16.  Section 45-9-208, MCA, is amended to read:

     "45-9-208.  Mandatory dangerous drug information course. A person who is convicted of an offense under this chapter and given a sentence that makes the offense a misdemeanor, as defined in 45-2-101, shall, in addition to any other sentence imposed, be sentenced to complete a dangerous drug information course offered by a chemical dependency facility approved by the department of public health and human services under 53-24-208. The sentencing judge may include in the sentencing order a condition that the person shall undergo chemical dependency treatment if a certified licensed chemical dependency counselor working with the person recommends treatment."



     Section 17.  Section 45-10-108, MCA, is amended to read:

     "45-10-108.  Mandatory dangerous drug information course. A person who is convicted of an offense under this chapter and given a sentence that makes the offense a misdemeanor, as defined in 45-2-101, shall, in addition to any other sentence imposed, be sentenced to complete a dangerous drug information course offered by a chemical dependency facility approved by the department of public health and human services under 53-24-208. The sentencing judge may include in the sentencing order a condition that the person shall undergo chemical dependency treatment if a certified licensed chemical dependency counselor working with the person recommends treatment."



     Section 18.  Section 53-24-301, MCA, is amended to read:

     "53-24-301.  Treatment of the chemically dependent. (1) An applicant for voluntary admission or court-referred admission to an approved public treatment facility shall obtain confirmation from a certified licensed chemical dependency counselor that the applicant is chemically dependent and appropriate for inpatient, freestanding care as described in the administrative rules. The department shall adopt rules to establish policies and procedures governing assessment, patient placement, confirmation, and admission to an approved public treatment facility. If the proposed patient is a minor or an incompetent person, the proposed patient, a parent, legal guardian, or other legal representative may make the application.

     (2)  Subject to rules adopted by the department, the administrator of an approved public treatment facility may determine who is admitted for treatment. If a person is refused admission to an approved public treatment facility, the administrator, subject to departmental rules, shall refer the person to an approved private treatment facility for treatment if possible and appropriate.

     (3)  If a patient receiving inpatient care leaves an approved public treatment facility, the patient must be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the administrator of the treatment facility that the patient is chemically dependent and requires help, the department shall arrange for assistance in obtaining supportive services and residential facilities.

     (4)  If a patient leaves an approved public treatment facility, with or against the advice of the administrator of the facility, the department shall make reasonable provisions for the patient's transportation to another facility or to the patient's home. If the patient has no home, the patient must be assisted in obtaining shelter. If the patient is a minor or an incompetent person, the request for discharge from an inpatient facility must be made by a parent, legal guardian, or other legal representative or by the minor or incompetent, if the minor or incompetent person was the original applicant."



     Section 19.  Section 61-8-732, MCA, is amended to read:

     "61-8-732.  Driving under influence of alcohol or drugs -- driving with excessive alcohol concentration -- alcohol information course required. (1) (a) In addition to the punishments provided in 61-8-714, 61-8-722, and 61-8-731, regardless of disposition, a defendant convicted of a violation of 61-8-401 or 61-8-406 shall complete an alcohol information course at an alcohol treatment program approved by the department of public health and human services, which may include alcohol or drug treatment, or both.

     (b)  As long as the alcohol information course is approved as provided in this section and the treatment is provided by a certified licensed chemical dependency counselor, the defendant may attend the information course and treatment program of the defendant's choice. The treatment provided to the defendant at a treatment program must be at a level appropriate to the defendant's alcohol or drug problem, or both, as determined by a certified licensed chemical dependency counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services. Upon determination, the court shall order the defendant's appropriate level of treatment. If more than one counselor makes a determination as provided in this subsection, the court shall order an appropriate level of treatment based upon the determination of one of the counselors.

     (c)  Each counselor providing education or treatment shall, at the commencement of the education or treatment, notify the court that the defendant has been enrolled in an alcohol information course or treatment program. If the defendant fails to attend the information course or treatment program, the counselor shall notify the court of the failure.

     (d)  A court or counselor may not require attendance at a self-help program other than at an "open meeting" as that term is defined by the self-help program. A defendant may voluntarily participate in self-help programs.

     (2)  Alcohol or drug treatment, or both, must be ordered for a first-time offender convicted of a violation of 61-8-401 or 61-8-406 upon a finding of chemical dependency made by a certified licensed chemical dependency counselor pursuant to diagnosis and patient placement rules adopted by the department of public health and human services.

     (3)  (a) On conviction of a second or subsequent offense under 61-8-714 or 61-8-722 for a violation of 61-8-401 or 61-8-406, in addition to the punishment provided in 61-8-714 or 61-8-722, regardless of disposition, the defendant shall complete an alcohol information course at an alcohol treatment program approved by the department of public health and human services, which must include alcohol or drug treatment, or both.

     (b)  (i) On a second or subsequent conviction, the treatment program provided for in subsection (1) must be followed by monthly monitoring for a period of at least 1 year from the date of admission to the program.

     (ii) If a defendant fails to comply with the monitoring program imposed under subsection (3)(b)(i), the court shall revoke the suspended sentence, impose any remaining portion of the suspended sentence, and may include additional monthly monitoring for up to an additional 6 months."



     NEW SECTION.  Section 20.  Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 37, chapter 35, part 2, and the provisions of Title 37, chapter 35, part 2, apply to [sections 1 and 2].



     NEW SECTION.  Section 21.  Effective dates. (1) [Sections 1 and 3 through 20 and this section] are effective July 1, 1999.

     (2) [Section 2] is effective January 1, 2005.



     NEW SECTION.  Section 22.  Termination. [Section 1] terminates December 31, 2004.

- END -




Latest Version of HB 462 (HB0462.01)
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