Terms Used In Montana Code > Title 3 > Chapter 20 - Asbestos Claims Court

• Addiction: means the condition or state in which an individual is physiologically or psychologically dependent on alcohol or other drugs. See Montana Code 37-39-102
• Addiction counseling: means using the knowledge and skill necessary to provide the therapeutic process of addiction treatment. See Montana Code 37-39-102
• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Approved examination: means a standardized test or examination of behavioral health knowledge, skills, and abilities that is approved by the board. See Montana Code 37-39-102
• Approved program: means a behavioral health educational program accredited or sponsored by an entity that is recognized at the national, regional, or state level and approved by the board. See Montana Code 37-39-102
• Approved supervisor: means a supervisor determined by the board to meet standards established by the board for supervision of clinical services. See Montana Code 37-39-102
• asbestos-related claim: means an action brought for the recovery of monetary damages for personal injury, wrongful death, loss or consortium, or other injury arising out of an asbestos-related disease that is alleged to result from the mining of vermiculite, the processing of vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite. See Montana Code 3-20-101
• Baccalaureate social work: means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. See Montana Code 37-39-102
• Behavioral health: means , for the purposes of regulation and licensure under this chapter, the practices of social work, professional counseling, marriage and family therapy, addiction counseling, and peer support regulated under this chapter. See Montana Code 37-39-102
• Behavioral health disorder: is a diagnosis of:

  (a)a mental disorder as defined in 53-21-102; or

  (b)chemical dependency as defined in 53-24-103. See Montana Code 37-39-102

• Behavioral health peer support: means the use of personal experience with a behavioral health disorder to provide support, mentoring, guidance, and advocacy to individuals with behavioral health disorders while under the supervision of a mental health professional in an amount, duration, and scope appropriate to the setting and the demonstrated competency and experience of the peer support specialist. See Montana Code 37-39-102
• Board: means the board of behavioral health provided for in 2-15-1744. See Montana Code 37-39-102
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Clinical professional counseling: means engaging in methods and techniques that include:

  (a)counseling, which means the therapeutic process of:

  (i)conducting assessments and diagnoses for the purpose of establishing treatment goals and objectives; or

  (ii)planning, implementing, and evaluating treatment plans that use treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health;

  (b)assessment, which means selecting, administering, scoring, and interpreting instruments, including psychological tests, evaluations, and assessments, designed to assess an individual's aptitudes, attitudes, abilities, achievement, interests, and personal characteristics and using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations;

  (c)counseling treatment intervention, which means those cognitive, affective, behavioral, and systemic counseling strategies, techniques, and methods common to the behavioral sciences that are specifically implemented in the context of a therapeutic relationship, including techniques to treat the perception of chronic pain. See Montana Code 37-39-102

• Clinical social work: means the application of professional social work knowledge, skills, and values in the differential diagnosis and treatment of psychosocial function, disability, or impairment, including emotional, mental, and behavioral disorders and the perception of chronic pain. See Montana Code 37-39-102
• Communication technology: means a real-time, two-way audiovisual electronic device or process that:

  (a)allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

  (b)facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

  (c)complies with this part and implementing rules. See Montana Code 1-5-602

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means a principal functional and administrative entity that:

  (a)is created by this chapter within the executive branch of state government;

  (b)is one of the 20 principal departments permitted under the constitution; and

  (c)includes its units. See Montana Code 2-15-102

• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-39-102
• Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
• Dependent: A person dependent for support upon another.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
• Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Licensee: means an individual licensed under this chapter to practice social work, clinical professional counseling, addiction counseling, or marriage and family therapy or certified to provide behavioral health peer support. See Montana Code 37-39-102
• Marriage and family therapy: means the diagnosis and treatment of mental and emotional disorders within the context of interpersonal relationships, including marriage and family systems. See Montana Code 37-39-102
• Mental health professional: means :

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

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

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

  (d)a social worker licensed under 37-39-308;

  (e)a professional counselor licensed under 37-39-309;

  (f)an addiction counselor licensed under 37-39-310; or

  (g)a marriage and family therapist licensed under 37-39-311. See Montana Code 37-39-102

• Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
• Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
• notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Psychotherapy: means the use of psychosocial methods within a professional relationship to assist a person to achieve a better psychosocial adaptation and to modify internal and external conditions that affect individuals, groups, or families in respect to behavior, emotions, and thinking concerning their interpersonal processes. See Montana Code 37-39-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
• Social work: means the professional practice directed toward helping people achieve more adequate, satisfying, and productive social adjustments. See Montana Code 37-39-102
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Supervised work experience: means work in a behavioral health field after receipt of the required degree and license but under:

  (a)the supervision of an approved supervisor; and

  (b)terms and conditions prescribed by the board by rule. See Montana Code 37-39-102

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Writing: includes printing. See Montana Code 1-1-203