Montana Legislation
Policy Link
LCPC Law Conflicts with Amendment to Psychologist Law
Dr. Bob Bakko
The Board of Licensed Clinical Professional Counselors Assoc. became aware of a purposeful change to the Psychologist law right after the 2005 legislature ended. This action is clearly a “turf” decision to restrict our practice and prevent us from providing necessary mental health care according to our law. Several LCPC’s and LCSW’s have had cease and desist orders served on them as a result of the amendment to the Psychologists law in 2005. These cease and desist orders have also been posted on the Web unfairly representing to the public that these individuals have been served. This “turf” action effects all LCPC’s especially those who conduct any assessments, evaluations, child custody or parenting evaluations, reports to the court or DPHHS.
The amendment added to 37-17-102 (5) of Montana Codes Annotated that:
“A person represents to the public that the person is a “psychologist” when the person uses a title or description of services incorporating the words psychologist, psychological, psychologic or psychology and offers or renders psychological services defined in subsection (4) to individuals, groups, corporations or the public, whether or not the person does so for compensation or fee.”
Our Practice Law clearly allows those with training to administer testing and evaluations and or write appropriate reports of the assessment or evaluation. As of 2005 we restricted from using the words listed above to describe what we are doing or its content. It is preposterous to assume that any profession owns the word psychology, psychologic or psychological. Hello! All mental health professions use these terms interchangeably in their own specific course of study. Try to go through a week of practice without using the forbidden words or terms. Several other States have had to confront this same attempt by psychologists in their States. The psychologists have lost in their attempts.
September of 2007 your LCPCA Board approved retaining Ron Waterman, Attorney at Law, with Gough, Shanahan, Johnson & Waterman, in Helena, to develop and implement appropriate legal steps to correct this problem. Additionally, our Licensure Board has stepped up assertively to protect LCPC’s and LCSW’s by beginning the process of seeking an Attorney General Opinion on this matter and opening dialogue with the Psychologist Licensure Board. LCPCA President Tom Ferro, Board Member Bob Bakko, LCPCA Attorney Ron Waterman, and John Wilkinson NASW Exec. Director met with our Licensure Board March 14 to discuss and present our agenda openly. A representative of the Psychologist Licensure Board was present by phone conferencing. Ron Waterman did an outstanding job communicating to the psychologists the several important items we have in common. He then communicated directly the legal problems with their law and the problems it creates for us and equally important those individuals needing mental health care which is denied because of the conflict with our laws. Bob Bakko introduced to our Licensure Board the changes we are proposing for the 2009 legislature to strengthen our law.
We are proposing the following:
- Amend 37-23-102(3)(ii)(b), MCA by inserting at the end of subparagraph (b) the clause which defines assessment, the phrase: “including, where administered by appropriate trained individuals, the administration of psychological tests.”
- Amend 37-17-104(1) MCA by inserting after “counselors” the phrase “individuals governed by 37-23-101, et. seq, MCA.”
- Amend 37-17-104(1) inserting at the end of the subparagraph the following: “provided, however, that such qualified members of other professions may administer assessments and indicate they perform psychological testing, provided they are licensed and otherwise qualified to administer such tests.
President Tom Ferro then asked the representative from Board of Psychologists, “In the spirit of good faith, to go back to his Board and present to them that they immediately stop serving cease and desist orders to LCPC’s and LCSW’s who are in violation of this conflicting law.” The representative said he would communicate President Ferro’s request. The next meeting of both Licensure Boards is scheduled for April 25th in Helena. Dr. Jill Thorngren will represent LCPC’s from our Licensure Board and Ron Waterman will represent LCPCA, President Ferro and Bob Bakko will be on phone conferencing. We are encouraged and impressed with the resolve of our Licensure Board.
This is a serious threat to our law and overall practice of our profession. It is a threat to the general public. We have the support of our parent organization the American Mental Health Counselors Association, National Board of Certified Counselors and the Fair Access Coalition on Testing. Tom Ferro and Bob Bakko met with John Wilkinson Exec. Dir. Of NASW in Montana to openly discuss how we can work together. Our meeting was very productive.
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