reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.510 - Standard of Professional Conduct

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a professional
				  standard of conduct for licensed lead abatement workers, licensed lead
				  abatement supervisors, licensed project designers, licensed lead inspectors,
				  licensed risk assessors, licensed lead abatement contractors and training
				  instructors and training managers of accredited lead training
				  providers.
(1) In performing
				lead-bearing substance activities, licensees shall act with reasonable care and
				competence in applying the technical knowledge and skill as required by
				sections
				701.300 through
				701.338,
				RSMo, and
				19
				CSR 30-70.600 through
				19 CSR
				30-70.630 for the conduct of lead-bearing substance
				activities.
(2) In performing
				lead-bearing substance activities and training, licensees and accredited
				entities shall be cognizant that their primary responsibility is to conduct
				these activities safely, reliably, and effectively to protect human health and
				the environment. This shall not be compromised by any self-interest of the
				client, licensee or accredited entity.
(3) In performing lead-bearing substance
				activities and training, licensees and accredited entities shall not knowingly
				violate any local, state or federal laws. Licensees and accredited entities
				shall comply with state laws and regulations governing their
				practice.
(4) In instances where a
				licensee's or an accredited entity's professional judgment is overruled to the
				extent that it may endanger the health or welfare of the public or the
				environment, they shall notify their employer or client, the Office of Lead
				Licensing and Accreditation (OLLA), and/or other authority, as may be
				appropriate.
(5) Licensees and
				accredited entities shall not misrepresent or exaggerate the scope or the
				purpose for which they are licensed or accredited.
(6) Professional Responsibility.
(A) The licensee or accredited training
				provider shall, upon request or demand, produce to OLLA, or any of its
				representatives, any plan, document, book, record or copy thereof concerning a
				transaction covered by these regulations, and shall cooperate in the
				investigation of a complaint filed with OLLA.
(B) A licensee shall not use the design,
				plans or work of another person without that person's knowledge and consent.
				After consent, the licensee shall conduct a thorough review to the extent that
				he or she assumes full responsibility for the use of such design, plan or work
				of the other person.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.520 - Public Complaint Handling and Disposition Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for the
				  handling and disposition of public complaints received by the Office of Lead
				  Licensing and Accreditation concerning alleged violations of sections
				  701.300 through
				  701.338,
				  RSMo.
(1) Public complaints
				concerning alleged violations of sections
				701.300 through
				701.338,
				RSMo, shall be handled as follows:
(A) Any
				person may make a complaint alleging acts or practices which may constitute a
				violation of any provision of sections
				701.300 through
				701.338,
				RSMo, or
				19
				CSR 30-70.600 through
				19 CSR
				30-70.630 with the Office of Lead Licensing and
				Accreditation (OLLA) based upon personal knowledge or upon information received
				from other sources. The complaint may be made against a licensed or unlicensed
				individual, against an accredited or non-accredited training provider or
				against an owner of a dwelling or child-occupied facility; and
(B) Complaints may be oral or written.
				Written complaints shall be mailed to: Missouri Department of Health, Office of
				Lead Licensing and Accreditation, P.O. Box 570, Jefferson City, MO
				65102-0570.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.610 - Work Practice Standards for a Lead Inspection

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule delineates the standards to be
				  followed by licensed lead inspectors and licensed risk assessors to conduct
				  lead inspections in target housing and child-occupied facilities in accordance
				  with standards set forth in sections
				  701.300 through
				  701.338,
				  RSMo, and
				  19
				  CSR 30-70.600 through
				  19 CSR
				  30-70.630.
(1) Licensure. All persons conducting lead
				inspections shall be licensed by the Office of Lead Licensing and Accreditation
				(OLLA) as set forth in sections
				701.300 through
				701.338,
				RSMo, and
				19
				CSR 30-70.110 through
				19
				CSR 30-70.200 as a lead inspector or risk assessor.
				Licensed lead inspectors and risk assessors shall present, upon request, proof
				of licensure in the form of the photo identification badge issued by
				OLLA.
(2) Conflict of Interest.
				OLLA recommends that licensed lead inspectors and risk assessors conducting
				lead inspection activities should avoid potential conflicts of interest by not
				being contracted, subcontracted or employed by a lead abatement contractor
				performing lead abatement activities on the same lead abatement
				project.
(3) Documented
				Methodologies for Conducting Lead Inspections.
(A) Licensed lead inspectors and risk
				assessors shall use the following documented methodologies as referenced in
				this regulation for conducting lead inspections:
1. The U.S. Department of Housing and Urban
				Development publication entitled, "Guidelines for the Evaluation and Control of
				Lead-Based Paint Hazards in Housing" (HUD Guidelines); and
2. The U.S. Environmental Protection Agency
				publications entitled "EPA Lead Based Paint Inspector Model Curriculum";
				"Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and
				Lead-Contaminated Soil"; and "Residential Sampling for Lead: Protocols for Dust
				and Soil Sampling." (B) Where a conflict exists between any of the
				aforementioned methodologies and any federal or state statute or regulation, or
				any city or county ordinance, the most stringent of these shall be adhered to
				by the licensed lead inspector or risk assessor.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.620 - Work Practice Standards for a Lead Risk Assessment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the lead-bearing
				  substance concentration regarding dust samples and adds an additional category
				  in order to align with Federal guidelines.
(1) Licensure. All persons conducting risk
				assessments shall be licensed by the Office of Lead Licensing and Accreditation
				(OLLA) as set forth in sections
				701.300 through
				701.338,
				RSMo, and
				19
				CSR 30-70.110 through
				19
				CSR 30-70.200. Licensed risk assessors must present,
				upon request, proof of licensure in the form of the photo identification badges
				issued by OLLA.
(2) Conflict of
				Interest. OLLA recommends that licensed risk assessors conducting risk
				assessments for dwellings or child-occupied facilities should avoid potential
				conflicts of interest by not being contracted, subcontracted, or employed by a
				lead abatement contractor performing abatement activities on the same lead
				abatement project.
(3) Documented
				Methodologies for Conducting Risk Assessments.
(A) Licensed risk assessors shall use the
				following documented methodologies as referenced in this regulation for
				conducting risk assessments:
1. The U.S.
				Department of Housing and Urban Development (HUD) publication entitled,
				"Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in
				Housing" (HUD Guidelines); and
2.
				The U.S. Environmental Protection Agency (EPA) publications entitled, "EPA
				Lead-Based Paint Risk Assessment Model Curriculum" (EPA Model Training);
				"Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust and
				Lead-Contaminated Soil"; and "Residential Sampling for Lead: Protocols for Dust
				and Soil Sampling."
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.630 - Lead Abatement Work Practice Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the lead-bearing
				  substance concentration regarding dust samples and adds an additional category
				  in order to align with Federal guidelines.
(1) Licensure. All persons conducting lead
				abatement shall be licensed as set forth in sections
				701.300 through
				701.338,
				RSMo, and 19 CSR 30-70.110 through
				19 CSR
				30-70.200. Licensed lead abatement professionals must
				present, upon request, proof of licensure in the form of the photo
				identification badge issued by the Office of Lead Licensing and Accreditation
				(OLLA).
(2) Conflict of Interest.
				OLLA recommends that any person or firm conducting a lead abatement project
				should avoid potential conflicts of interest by not providing clearance
				sampling services, inspection, or risk assessment services for that same
				abatement project.
(3) Documented
				Methodologies for Conducting Lead Abatement Projects.
(A) All licensed lead abatement workers and
				supervisors may use the following documented methodologies, but shall, at a
				minimum, follow the work practice standards presented in this regulation for
				conducting lead abatement projects:
1. The
				U.S. Department of Housing and Urban Development (HUD) publication entitled,
				"Guidelines for the Evaluation and Control of Lead-based Paint Hazards in
				Housing" (HUD Guidelines); and
2.
				The U.S. Environmental Protection Agency publications entitled "Guidance on
				Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-Contaminated
				Soil"; and "Residential Sampling for Lead: Protocols for Dust and Soil
				Sampling."
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 70 - Lead Abatement and Assessment Licensing, Training Accreditation › Section 19 CSR 30-70.640 - Project Notification for Industrial Lead Abatement Projects

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule delineates the procedure for
				  filing an industrial lead abatement project notification with the Missouri
				  Department of Health, Office of Lead Licensing and
				  Accreditation.
(1)
				Notification. Any person or entity conducting an industrial lead abatement
				project shall submit a notification to the department at least ten (10)
				business days prior to the onset of the lead abatement project.
(A) The notification shall be mailed with a
				check or money order made payable to the Missouri Department of Health for the
				non-refundable fee of twenty-five dollars ($25) to the Missouri Department of
				Health, Attention: Fee Receipts, P.O. Box 570, Jefferson City, MO
				65102-0570.
(B) The notification
				form provided by the department shall include the following:
1. The street address, city, state, zip code
				and county of each location where abatement will occur;
2. The name, address and telephone number of
				the property owner;
3. An
				indication of the type of structure being abated (i.e., bridge, superstructure
				or other structure that is not a dwelling or child-occupied
				facility);
4. The date of the onset
				of the abatement project;
5. The
				estimated completion date of the abatement project;
6. The work days and hours of operation that
				the abatement project will be conducted;
7. The name, address, telephone number and
				license number of the lead abatement contractor;
8. The name and license number of each lead
				abatement supervisor;
9. The name
				and license number of each lead abatement worker;
10. The type(s) of abatement strategy(ies)
				that will be utilized (i.e., encapsulation, replacement, and/or removal);
				and
11. The signature of each lead
				abatement supervisor which certifies that all information provided in the
				project notification is complete and true to the best of the supervisor's
				knowledge.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 80 - Family Care Safety Registry › Section 19 CSR 30-80.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides definitions to be used in
				  the interpretation and enforcement of
				  19 CSR 30-80.010
				  through
				  19 CSR
				  30-80.040.
(1) "Access line," toll-free telephone
				service established and maintained by the department in accordance with section
				210.918,
				RSMo for the purpose of promoting family and community safety by allowing
				access to certain information recorded in the Family Care Safety Registry, as
				provided in section
				210.921,
				RSMo.
(2) "Agency of record," the
				state agency that has program control over maintaining or updating one or more
				of the sources of background information listed in section
				210.909,
				subsection 1, subdivisions (1) through (5), RSMo.
(3) "Department," the Missouri Department of
				Health.
(4) "Family Care Safety
				Registry workers," a current listing of child-care and elder-care workers who
				have completed application for registration with the department pursuant to
				section
				210.906,
				subsections 1 through 2, RSMo, or persons who have voluntarily completed
				application for registration pursuant to section
				210.906,
				subsection 4, RSMo, including limited available information on workers'
				background pursuant to section
				210.909,
				subsection 1, subdivisions (1) through (5), RSMo.
(5) "Family Care Safety Registry providers,"
				a current listing of child-care and elder-care providers, pursuant to section
				210.909,
				subsections (2) and (5), RSMo, who have been refused licensure or have
				experienced licensure suspension or revocation pursuant to sections
				210.481 through
				210.536,
				RSMo, sections 210.201 to 210.259, RSMo, or Chapter 198, RSMo.
(6) "Patrol," the Missouri State Highway
				Patrol.
(7) "Registrant," any
				person hired on or after January 1, 2001, as a child-care or elder-care worker,
				or any person not required to register pursuant to the provisions of sections
				210.900 to
				210.936,
				RSMo, who voluntarily applies to the department for registration and who meets
				the requirements of sections
				210.906
				and
				210.909,
				RSMo, including submitting to the background checks of subsection 1 of section
				210.909,
				RSMo.
(8) "Registry," the Family
				Care Safety Registry.
*Original authority: 210.915, RSMo 1999; 210.924, RSMo
					 1999.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 80 - Family Care Safety Registry › Section 19 CSR 30-80.020 - General

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides sources to contact to
				  obtain registration forms and outlines specific responsibilities that apply to
				  all registrants in the Family Care Safety Registry.
(1) Registration forms used for the purpose
				of registering in the Family Care Safety Registry may be obtained by contacting
				one of the following sources:
(A) The Family
				Care Safety Registry toll-free access line;
(B) The local Department of Health
				office;
(C) The local Division of
				Aging office;
(D) The local
				Division of Family Services office; or by
(E) Accessing the Department of Health
				website (
www.health.state.mo.us
).
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 80 - Family Care Safety Registry › Section 19 CSR 30-80.030 - Child-Care and Elder-Care Worker Registration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes procedures for
				  submitting completed applications for registration in the Family Care Safety
				  Registry.
(1) Application for
				Registration.
(A) The application for
				registration in the Family Care Safety Registry shall include the following:
1. A completed Child-Care and Elder-Care
				Worker Registration Form, provided by the department, shall be typewritten or
				printed in ink. The application shall include the following:
A. Applicant's valid Social Security
				number;
B. Information on
				applicant's right to appeal the information contained in the registry pursuant
				to section
				210.912,
				RSMo;
C. Signed consent of the
				applicant for the background checks pursuant to section
				210.906,
				RSMo;
D. Signed consent of the
				applicant for the release of information contained in the background check for
				employment purposes only;
E. Worker
				category;
F. Applicant's last name,
				first name, middle name;
G. Prior
				names used by applicant;
H.
				Applicant's home address;
I.
				Applicant's current mailing address, if different than home address;
J. Applicant's county of residence;
K. Applicant's date of birth;
L. Applicant's gender;
M. Name, address and county of applicant's
				current employer (if applicable); and
N. Signature of the applicant and date of
				signature, in ink, which certifies that all information in the registration
				form is complete and true to the best of the applicant's knowledge;
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 80 - Family Care Safety Registry › Section 19 CSR 30-80.040 - Updates and Appeals of Registry Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes guidelines pertaining
				  to the updating of information contained in the registry and sets forth the
				  process for the appeal required in section
				  210.912,
				  RSMo.
(1) Process for Appeal
				Required in Section
				210.912,
				RSMo.
(A) After receipt of the department's
				written determination of the results of a background check, conducted and
				entered in the Family Care Safety Registry pursuant to section
				210.909,
				subsections 1 and 2, RSMo, registrants may appeal to the department under
				section
				210.912,
				RSMo. Such appeals shall be limited only to the accuracy in the transfer of
				information from the agency of record to the registry and shall not include a
				right to appeal the accuracy of the substance of the information transferred.
1. Any such appeal shall be filed in writing
				by the registrant to the Director, Missouri Department of Health, to the
				attention of the Family Care Safety Registry, within thirty (30) days of the
				registrant's receipt of the results of the Family Care Safety Registry's
				background check.
2. The written
				appeal shall include the registrant's full name, Social Security number, date
				of birth, mailing address and zip code, and telephone number, including the
				area code, where s/he can be reached Monday through Friday, during the hours
				from 8:00 a.m. through 5:00 p.m. The registrant's written appeal shall also
				include a specific statement describing the information the registrant believes
				to have been incorrectly transferred from the agency of record to the
				registry.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 81 - Certification › Section 19 CSR 30-81.020 - Prelong-Term Care Screening

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded February 28, 2006)
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 82 - General Licensure Requirements › Section 19 CSR 30-82.015 - Long-Term Care Receiverships

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes guidelines for the
				  determination of qualified receivers, maintenance of the list of receivers, and
				  the selection and removal of receivers.
(1) A person requesting to act as a receiver
				shall submit a completed application to the department. The application shall
				include the following information:
(A) Full
				name of the receiver, date of birth and Social Security number;
(B) Information that establishes the receiver
				has the necessary experience to operate a long-term care facility or the
				ability to contract with another party for the operation of a facility;
				and
(C) Information that
				establishes the receiver has the financial capacity to operate a long-term care
				facility as a receiver in compliance with state laws and regulations.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 82 - General Licensure Requirements › Section 19 CSR 30-82.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 197.318, RSMo 1986, amended 1992 and
					 198.009, RSMo 1979.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 82 - General Licensure Requirements › Section 19 CSR 30-82.050 - Transfer and Discharge Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment transitions transfer and
				  discharge hearings from the Department of Social Services to the Department of
				  Health and Senior Services, updates the mailing address and adds a fax number,
				  a phone number and email address about where to send transfer or discharge
				  appeals and motions, and where to contact the Department of Health and Senior
				  Services.
(1) For the purposes
				of this rule, the following terms shall be defined as follows:
(A) Transfer means moving a resident from one
				institutional setting to another institutional setting for care and under
				circumstances where the releasing facility has decided that it will not readmit
				the resident or a legally authorized representative of the resident has not
				consented or agreed with the transfer. Unless indicated otherwise from the
				context of this rule, a transfer shall be deemed the same as a
				discharge;
(B) Discharge means
				releasing from a facility or refusing to readmit a resident from a community
				setting under circumstances where the resident or a legally authorized
				representative of the resident has not consented or agreed with the move or
				decision to refuse readmittance. Refusal to readmit a former resident shall not
				constitute a discharge if the former resident has been absent from the facility
				for more than ninety (90) days;
(C)
				Consent to or agreement with transfer or discharge means one of the following:
1. The resident or a legally authorized
				representative of the resident has consented to, agreed with, or requested the
				discharge; or
2. The resident's
				treating physician has ordered the transfer and the releasing facility intends
				to readmit the resident if requested to do so;
(D) Consent of the resident means that the
				resident, with sufficient mental capacity to fully understand the effects and
				consequences of the transfer or discharge, consents to or agrees with the
				transfer or discharge; and
(E)
				Legally authorized representative of a resident means a duly appointed guardian
				or an attorney-in-fact who has current and valid power to make health care
				decisions for the resident.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 82 - General Licensure Requirements › Section 19 CSR 30-82.060 - Hiring Restrictions- Good Cause Waiver

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is being promulgated to establish
				  the procedure by which persons with criminal convictions may seek a waiver
				  allowing them to be employed by health care and mental health providers despite
				  the hiring restrictions found in section
				  660.317,
				  RSMo. The waivers are to be for "good cause" as defined by that statute. This
				  rule sets forth both the procedure for seeking waivers and the facts and
				  circumstances to be considered by the Department of Social Services in
				  determining "good cause."
(1)
				Definitions.
(A) Applicant means a person who
				has been or would be rejected for employment by a provider due to the hiring
				restrictions found in section
				660.317,
				RSMo.
(B) Department means the
				Department of Health and Senior Services.
(C) Determination means the decision issued
				by the director of the Department of Health and Senior Services or the
				director's designee based on the factual, procedural or causal issues of the
				request for waiver.
(D) Director
				means the director of the Department of Health and Senior Services.
(E) Good Cause Waiver means a finding that it
				is reasonable to believe that the restrictions imposed by section
				660.317,
				RSMo, on the employment of an applicant may be waived after an examination of
				the applicant's prior work history and other relevant factors is conducted and
				demonstrates that such applicant does not present a risk to the health or
				safety of residents, patients or clients if employed by a provider.
(F) Provider means any person, corporation or
				association who-
1. Is licensed as an operator
				pursuant to Chapter 198, RSMo;
2.
				Provides in-home services under contract with the Department of Health and
				Senior Services;
3. Employs nurses
				or nursing assistants for temporary or intermittent placement in health care
				facilities;
4. Is an entity
				licensed pursuant to Chapter 197, RSMo;
5. Is a public or private facility, day
				program, residential facility or specialized service operated, funded or
				licensed by the Department of Mental Health; or
6. Is a licensed adult day care provider. (G)
				Reference means a written statement of character, qualification or ability
				issued on behalf of the applicant by a person who is not related to or residing
				with the applicant requesting a good cause waiver.
(H) Sponsor means the current or potential
				employer of the applicant, or a training program, agency or school in which the
				applicant is or was a student enrolled for the purpose of earning a
				professional license, certification or otherwise becoming qualified to perform
				the duties of an occupation.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 82 - General Licensure Requirements › Section 19 CSR 30-82.080 - Nursing Facility Quality of Care Improvement Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains the requirements for
				  receiving funding from the Nursing Facility Quality of Care (NFQC) Fund to
				  improve the quality of service the facility provides to its
				  residents.
(1) Definitions.
(A) Qualified Facility-Any facility licensed
				pursuant to Chapter 198, RSMo, that has received a Class I or Uncorrected Class
				II Notice of Noncompliance within the past twelve (12) months in one (1) of the
				following areas:
1. For Residential Care
				Facility I (RCF I) and Residential Care Facility II (RCF II):
A. Administrative, Personnel and Resident
				Care (19
				CSR 30-86.042 );
B. Dietary (19
				CSR 30-86.052 ); or
C. Resident Rights (19 CSR 30-88.010
				);
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 83 - Definition of Terms › Section 19 CSR 30-83.010 - Definition of Terms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in the rules
				  for long-term care facilities as set forth in chapters 19 CSR 30-85, 19 CSR
				  30-86, 19 CSR 30-87, and 19 CSR 30-88.
(1) Activities of daily living (ADL)-Shall
				mean one (1) or more of the following:
(A)
				Eating;
(B) Dressing;
(C) Bathing;
(D) Toileting;
(E) Transferring; and
(F) Walking.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 84 - Training Program for Nursing Assistants › Section 19 CSR 30-84.020 - Certified Medication Technician Training Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Individuals who administer medications in
				  intermediate care and skilled nursing facilities are required by rule to have
				  successfully completed a medication administration training program approved by
				  the Department of Health and Senior Services. This rule sets forth the
				  requirements for the approval of a medication technician training program
				  designating the required course curriculum content, outlining the
				  qualifications required of students and instructors, designating approved
				  training facilities, outlining the testing and certification requirements, and
				  establishing an update course.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Definitions. For the purpose of this rule
				the following definitions shall apply.
(A)
				Cooperating agency-an intermediate care facility (ICF) or skilled nursing
				facility (SNF) licensed by the Department of Health and Senior Services (the
				department) which has entered into a written agreement with the educational
				training agency to provide the setting for the clinical portion of the
				course.
(B) Course-the sixty (60)
				hours of classroom training, eight (8) hours of clinical practice, and a two
				(2)-part final examination of the department-approved certified medication
				technician course curriculum.
(C)
				Educational training agency-an area vocational-technical school, an area career
				center, a comprehensive high school, a community college, or an approved four
				(4) year institution of higher learning that is approved by the department to
				conduct the Certified Medication Technician (CMT) Course. A long-term care
				facility cannot be a training agency.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 84 - Training Program for Nursing Assistants › Section 19 CSR 30-84.030 - Level I Medication Aide Training Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for a
				  Level I Medication Aide (LIMA) Training Program.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Definitions.
(A) Certifying agency-shall mean a long term
				care association, area vocational technical school, career center,
				comprehensive high school, community college, or four- (4-) year institution of
				higher learning approved by the Department of Health and Senior Services (the
				department) to issue Level I Medication Aide (LIMA) certification.
(B) Challenge the final examination-shall
				mean taking the final examination of the course without enrolling in and taking
				the entire course.
(C) Department
				of Mental Health (DMH) facility-shall mean a residential setting or day program
				funded, licensed, operated, or certified by the Department of Mental Health to
				provide services to persons with developmental disabilities and/or mental
				illness.
(D) Level I medication
				aide (LIMA) instructor (instructor)-shall mean a nurse approved to instruct the
				LIMA course.
(E) Long term care
				(LTC) association- shall mean a trade association with the primary purpose of
				representing or advocating for long-term care providers and/or
				professionals.
(F) Registered nurse
				presenter-shall mean a registered nurse approved to teach the Train the Trainer
				Workshops and prepare instructors to teach the LIMA course.
(G) Simulated training setting-shall mean a
				combined practical and verbal process that simulates all aspects of actual
				medication administration, including, at a minimum, reading a medication order,
				setting up the medication, verbally explaining how to administer the medication
				to a resident, and recording the administration of the medication.
(H) Train the Trainer Workshop-shall mean a
				training program conducted by a certifying agency to prepare instructors for
				the LIMA training program.
(I)
				Training agency-shall mean the entity that sponsors the department-approved
				training program.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 85 - Intermediate Care and Skilled Nursing Facility › Section 19 CSR 30-85.022 - Fire Safety and Emergency Preparedness Standards for New and Existing Intermediate Care and Skilled Nursing Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes fire-safety and
				  emergency preparedness requirements for new and existing intermediate care and
				  skilled nursing facilities.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
AGENCY NOTE: All rules relating to long-term care
				  facilities licensed by the Department of Health and Senior Services are
				  followed by a Roman Numeral notation which refers to the class (either class I,
				  II, or III) of standard as designated in section
				  198.085,
				  RSMo 2000.
(1) Definitions.
				For the purpose of this rule, the following definitions shall apply:
(A) Accessible spaces-shall include all
				rooms, halls, storage areas, basements, attics, lofts, closets, elevator
				shafts, enclosed stairways, dumbwaiter shafts, and chutes;
(B) Area of refuge-a space located in or
				immediately adjacent to a path of travel leading to an exit that is protected
				from the effects of fire, either by means of separation from other spaces in
				the same building or its location, permitting a delay in evacuation. An area of
				refuge may be temporarily used as a staging area that provides some relative
				safety to its occupants while potential emergencies are assessed, decisions are
				made, and if applicable, evacuation has begun;
(C) Major renovation-shall include the
				following:
1. Addition of any room(s),
				accessible by residents, that either exceeds fifty percent (50%) of the total
				square footage of the facility or exceeds four thousand five hundred (4,500)
				square feet;
2. Repairs,
				remodeling, or renovations that involve more than fifty percent (50%) of the
				building;
3. Repairs, remodeling,
				or renovations that involve more than four thousand five hundred (4,500) square
				feet of a smoke section; or
4. If
				the addition is separated by two-(2-) hour fire-resistant construction, only
				the addition portion shall meet the requirements for an NFPA 13, 1999 edition,
				sprinkler system, unless the facility is otherwise required to meet NFPA 13,
				1999 edition; and
(D)
				Concealed spaces-shall include areas within the building that cannot be
				occupied or used for storage.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 85 - Intermediate Care and Skilled Nursing Facility › Section 19 CSR 30-85.032 - Physical Plant Requirements for New and Existing Intermediate Care and Skilled Nursing Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the requirements
				  necessary in new and existing intermediate care and skilled nursing
				  facilities.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
AGENCY NOTE: All rules relating to long-term care
				  facilities licensed by the Division of Aging are followed by a Roman Numeral
				  notation which refers to the class (either class I, II or III) of standard as
				  designated in section 198.085.1, RSMo.
(1) General Requirements.
(A) All National Fire Protection Association
				(NFPA) codes and standards cited in this rule: NFPA 54,
National Fuel
				Code
, 1999 edition; NFPA 58,
Liquefied Petroleum Gas
				Code,
1999 edition; NFPA 70,
National Electric Code
,
				1999 edition; NFPA 99, Health Care Facilities, 1999 edition; and NFPA 101,
The Life Safety Code
, 2000 edition, are incorporated by
				reference in this rule and available for purchase from the National Fire
				Protection Agency, 1 Batterymarch Park, Quincy, MA 02269-9101;
www.nfpa.org
; by telephone at (617)
				770-3000 or 1-800-344-3555. This rule does not incorporate any subsequent
				amendments or additions to the materials listed above.
(B) This rule does not prohibit facilities
				from complying with standards set forth in newer editions of the incorporated
				by reference material listed in subsection (1)(A) of this rule where approved
				by the Department of Health and Senior Services (the department).
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 86 - Residential Care Facilities and Assisted Living Facilities › Section 19 CSR 30-86.042 - Administrative, Personnel and Resident Care Requirements for New and Existing Residential Care Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes standards for
				  administration, personnel and resident care in residential care facilities I
				  and II.
(1) Definitions. For
				the purpose of this rule, the following definitions shall apply:
(A) Department-Department of Health and
				Senior Services;
(B) Outbreak-an
				occurrence in a community or region of an illness(es) similar in nature,
				clearly in excess of normal expectancy and derived from a common or a
				propagated source; and
(C) Evacuate
				the facility-moving to an area of refuge or from one (1) smoke section to
				another or exiting the facility.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 86 - Residential Care Facilities and Assisted Living Facilities › Section 19 CSR 30-86.052 - Dietary Requirements for Residential Care Facilities and Assisted Living Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes standards for meeting
				  dietary needs of residents in residential care facilities I and
				  II.
(1) Each resident shall
				be served food prepared and served under safe, sanitary conditions that is
				prepared consistent with the preferences of the resident and in accordance with
				attending physician's orders. The nutritional needs of the residents shall be
				met. Balanced nutritious meals using a variety of foods shall be served.
				Consideration shall be given to the food habits, preferences, medical needs and
				physical abilities of the residents. II/III
(2) Each resident shall receive and the
				facility shall provide at least three (3) meals daily, at regular times
				comparable to normal mealtimes in the community. At least two (2) meals daily
				shall be hot. II/III
(3) There
				shall be no more than fourteen (14) hours between a substantial evening meal
				and breakfast the following day, except when a nourishing snack is provided at
				bedtime. Up to sixteen (16) hours may elapse between a substantial evening meal
				and breakfast the following day if a resident group agrees to this meal span,
				and a nourishing snack is served. III
(4) Fresh water shall be available to the
				resident at all times. II/III
(5)
				Dining room service for residents shall be attractive and each resident shall
				receive appropriate table service. III
(6) Menus shall be planned in advance and
				shall be readily available for personnel involved in food purchase and
				preparation. Food shall be served as planned although substitutes of equal
				nutritional value and complementary to the remainder of the meal can be made if
				recorded. III
(7) A three (3)-day
				supply of food shall be maintained in the facility. III
(8) If a physician prescribes in writing a
				modified diet for a resident, the resident may be accepted or remain in the
				facility if-
(A) The physician monitors the
				resident's condition on a regular periodic basis and at least quarterly;
				II
(B) The diet, food preparation
				and serving is reviewed at least quarterly by a consulting nutritionist,
				dietitian, registered nurse or physician and there is written documentation of
				the review; II/III
(C) The modified
				diet menu is posted in the kitchen and includes portions to be served; III
				and
(D) The facility has entered
				into a written agreement for dietary consultation with a nutritionist,
				dietitian registered nurse or physician. III
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 89 - Specialized Long-Term Care Facilities or Special Care Facilities › Section 19 CSR 30-89.010 - Pediatric Nursing Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 30, 2005)
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 90 - Adult Day Care Program Licensure › Section 19 CSR 30-90.020 - Licensure Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the general licensure
				  and application procedures, fees and the rights of applicants for licensure of
				  adult day care programs.
(1)
				Any person who establishes, maintains or operates an adult day care program, or
				advertises or holds himself or herself out as being able to perform any adult
				day care service, shall obtain the proper license from the division, except as
				provided in section (5) of this rule.
(2) An applicant shall submit the following
				documents to the division for each proposed associated or freestanding adult
				day care program:
(A) A fully completed,
				properly signed and notarized Application for License to Operate an Adult Day
				Care Program, included herein; and
(B) The required licensure fee.
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 90 - Adult Day Care Program Licensure › Section 19 CSR 30-90.030 - Participants' Rights and Program Policies

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 30, 2005)
Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 90 - Adult Day Care Program Licensure › Section 19 CSR 30-90.040 - Staffing Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the minimum
				  requirements for adult day care program staff, ratio of numbers of staff to
				  participants and staff training.
(1) The adult day care provider, as defined
				in
				19 CSR 30-90.010,
				shall be responsible for assuring compliance with all applicable laws and
				rules.
(2) The adult day care
				program shall have a program director who is responsible for the day-to-day
				operation of the program. Either the program director or the program director's
				designee shall be present and in charge during all hours that participants are
				on the premises. The program director and any such designee shall be qualified
				by demonstrated competence, specialized background, education or experience to
				manage the day-to-day operation of an adult day care program.
(3) The program director's responsibilities
				shall include, but not be limited to:
(A)
				Managing the adult day care program as necessary for the health, safety and
				welfare of the participants;
(B)
				Complying with the laws and rules pertaining to the adult day care
				program;
(C) Ensuring that
				participants receive appropriate care according to their needs;
(D) Preserving the rights of
				participants;
(E) Meeting staffing,
				record keeping, facility and fire safety requirements;
(F) Directing and supervising staff, as
				required, to meet the needs of the participants;
(G) Conducting background checks and criminal
				record reviews as required and necessary to protect the health, safety and
				welfare of participants;
(H)
				Providing staff training as needed and appropriate to meet the needs of the
				participants; and
(I) Providing
				direct care services when necessary to meet the needs of the
				participants.