reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 3 - ENVIRONMENTAL HEALTH AND SAFETY › Section R. 400.11313 - Maintenance

Current through Vol. 24-12, July 15, 2024
Rule 313.
(1) A
					 campsite shall be maintained in a clean, sanitary, and safe
					 condition.
(2) The campsite,
					 including main and accessory structures, shall be maintained so as to prevent
					 and eliminate rodent and insect harborage.
(3) Plumbing fixtures and water and waste
					 pipes shall be properly installed and maintained in good sanitary working
					 condition.
(4) Water closet
					 compartment, bathroom, and kitchen floor surfaces shall be constructed and
					 maintained so as to be reasonably impervious to water and be composed of
					 slip-resistant material.
(5) Hot
					 water pipes, steam radiators, fireplaces, and permanently installed space
					 heaters and registers shall be shielded to protect campers against
					 burns.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 3 - ENVIRONMENTAL HEALTH AND SAFETY › Section R. 400.11315 - Farm and domestic animals

Current through Vol. 24-12, July 15, 2024
Rule 315.
(1) A
					 structure housing farm animals shall not be permanently located within 500 feet
					 of living quarters, a kitchen, or a dining hall.
(2) A temporary shelter, corral, tie rail, or
					 hitching post shall not be located within 200 feet of a dining hall, kitchen,
					 or other place where food is prepared, cooked, or served. Manure shall not be
					 allowed to remain for more than 12 hours at such a location. Fly repellants and
					 other precautions shall be used to prevent such a location from becoming an
					 attraction or breeding place for flies.
(3) Manure shall not be stored on the
					 premises in any way that could cause a health hazard.
(4) Drainage from stables and temporary
					 quarters for farm animals shall not be permitted to flow into a spring, stream,
					 or lake in such a manner as to create dangerous pollution.
(5) A horse, dog, except for a leader dog, or
					 other domestic animal or pet shall not be permitted on a bathing beach, a pool
					 deck, or in the water in the area used for swimming activities.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 3 - ENVIRONMENTAL HEALTH AND SAFETY › Section R. 400.11317 - Swimming beaches and pools

Current through Vol. 24-12, July 15, 2024
Rule 317.
(1) A
					 camp shall ensure that the water and beach area of a natural swimming area is
					 free from contamination by commercial, industrial, domestic, and agricultural
					 pollution, garbage, refuse, and hazardous foreign or floating
					 materials.
(2) A camp shall ensure
					 that an artificial swimming pool is constructed and maintained in accordance
					 with sections 12521 to 12534 of Act No. 368 of the Public Acts of 1978, as
					 amended, being §§
											333.12521
					 to
					 333.12534
					 of the Michigan Compiled Laws, and the rules promulgated under sections 12521
					 to 12534 of Act No. 368 of the Public Acts of 1978.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 3 - ENVIRONMENTAL HEALTH AND SAFETY › Section R. 400.11319 - Food sources and preparation

Current through Vol. 24-12, July 15, 2024
Rule 319.
(1)
					 Food shall be obtained from approved sources. Only pasteurized milk and milk
					 products shall be used. Canned goods shall only be used when commercially
					 packed.
(2) Food shall be prepared
					 and stored in a safe manner.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11401 - High adventure activities; definition; written statement; adult activity leader

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) As
					 used in this rule, "high adventure activity" means a camp program that requires
					 specially trained staff or special safety precautions to reduce the possibility
					 of an accident. Programs in this category include, but are not limited to, the
					 following:
(a) Target sports.
(b) Aquatics.
(c) Trail sports.
(d) Adventure challenge courses.
(e) Climbing and or rappelling.
(f) Winter sports.
(g) Horseback riding and equestrian
					 activity.
(h) Traveling
					 groups.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11403 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1)
					 Any residential or day campsite licensee that offers any high adventure
					 activity, as defined in
					 R 400.11401, shall comply with the
					 high adventure rules.
(2) Any
					 travel or troop camp licensee or any residential or day camp program licensee
					 that offers any high adventure activity, as defined by
					 R 400.11401, at an unlicensed site,
					 shall comply with the high adventure rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11405 - Certified aquatic supervisor

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1) A
					 camp shall have a certified aquatic supervisor who is an adult on duty. The
					 aquatic supervisor shall be responsible for the enforcement of safety rules and
					 procedures governing all aquatic activity. This adult shall be present during
					 all aquatic activity.
(2) The
					 number of aquatic supervisors needed for an aquatic activity shall be 1
					 certified aquatic supervisor for up to 50 campers. For more than 50 campers, an
					 additional certified aquatic supervisor is required.
(3) Camps using a public swimming pool that
					 requires lifeguards and is licensed by the Michigan department of environmental
					 quality (MDEQ) shall verify the pool is currently licensed and in compliance
					 with MDEQ standards for lifeguards for public swimming pools. The camp is
					 responsible for complying with
					 R
					 400.11111, number of staff, to ensure adequate
					 supervision of campers while at an MDEQ licensed swimming pool. If the pool is
					 not required to have lifeguards by MDEQ, the camp shall follow the standards
					 for aquatic supervisors in subrule (2) of this rule.
(4) A certified aquatic supervisor shall be
					 certified as specified in the high adventure statement for each aquatic
					 activity. Certification shall be 1 of the following:
(a) Equivalent to the lifeguard and CPR
					 requirements in the American Red Cross manuals, numbers 655730 and 652161
					 respectively, which are adopted by reference in
					 R
					 400.11103 for any of the following:
(i) Lifeguard training.
(ii) Swim instruction.
(iii) Instructor or instructor
					 trainer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11407 - Aquatic observers

Current through Vol. 24-12, July 15, 2024
Rule 407.
(1) An
					 aquatic observer shall be a person not less than 16 years of age who has
					 received training from a certified aquatic supervisor that includes, at a
					 minimum, all of the following:
(i) How to
					 assist lifeguards with observation and swimmer control.
(ii) Being prepared with appropriate dress
					 and supplies.
(iii) How to check
					 for hazards.
(iv) Awareness of
					 waterfront rules and enforcement strategies.
(v) Personal safety including self-rescue
					 strategies.
(vi) What to watch for,
					 including, but not limited to, cramps, seizures, exhaustion, and
					 horseplay.
(vii) Related items
					 specific to the waterfront.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11409 - Swimming area; lifesaving equipment

Current through Vol. 24-12, July 15, 2024
Rule 409.
(1) A
					 camp shall clearly delineate areas for advanced swimmers, intermediate
					 swimmers, and non-swimmers in any swimming area used by campers. A camp may
					 have less than 3 swimming areas.
(2) A camp shall provide lifesaving equipment
					 at each permanent swimming area and shall place the equipment so that it is
					 immediately available in case of an emergency. At a minimum, the equipment
					 shall include all of the following:
(a) A
					 whistle or other audible signal device for each staff person on duty.
(b) An assist pole or other appropriate
					 reaching assist device.
(c) A ring
					 buoy or other appropriate throwing assist device that has a rope attached that
					 is of sufficient length for the area.
(d) A backboard with a minimum of 3
					 straps.
(e) A first-aid
					 kit.
(f) A rescue tube.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11411 - Aquatic procedures

Current through Vol. 24-12, July 15, 2024
Rule 411.
(1) A
					 camp shall classify each camper according to aquatic ability before the camper
					 engages in an aquatic activity. All campers and staff are considered
					 non-swimmers unless tested.
(2) A
					 camp shall not permit a camper to participate in an aquatic activity that
					 requires higher skills than the camper's swimming classification, except during
					 formal instruction.
(3) A camp
					 shall establish and enforce an accounting system, such as the buddy system, for
					 supervising campers involved in an aquatic activity. The system used shall
					 include all of the following:
(a) Procedures
					 for camper check-in.
(b) Procedures
					 for camper check-out.
(c) The
					 periodic accounting for the whereabouts of each camper by a member of the
					 aquatic staff. Aquatic staff shall conduct checks account for campers at least
					 once every 10 minutes.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Children's and Adult Foster Care Camps › Part 4 - HIGH ADVENTURE ACTIVITIES › Section R. 400.11413 - Watercraft and waterskiing activities

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1) A
					 camp shall conduct watercraft activities only during daylight hours.
(2) A camp shall ensure that an occupant of a
					 watercraft wears an appropriately sized, coast guard approved, personal
					 flotation device.
(3) A camp shall
					 ensure that any water-skier or other towed activity participant wears an
					 appropriately sized personal flotation device. The floatation device shall be
					 approved by the coast guard for water skiing.
(4) A camp shall not permit a non-swimmer to
					 be in a sailboat unless an adult swimmer accompanies the non-swimmer.
(5) A camp shall ensure that the aquatic
					 supervisor or an adult aquatic observer has immediate access to a watercraft
					 with which to provide emergency assistance. The watercraft shall be of a size
					 and capacity to provide emergency assistance appropriate to the size and
					 conditions of the body of water.
(6) A camp shall not locate a watercraft
					 docking area in a swimming area.
(7) A camp shall ensure that a swimming area
					 is not used for the launching or dropping of water-skiers.
(8) A camp shall observe the rated capacity
					 of a watercraft.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14101 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 101. This part applies to all adult foster care
						small group homes that are licensed or proposed for 1 to 12
						persons.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14103 - Licenses; required information; fee; effect of failure to cooperate with inspection or investigation; posting of license; reporting of changes in information

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1) An
					 applicant for an adult foster care small group home license shall make
					 available at the facility, or arrange for the department's inspection and
					 copying of all of the following items:
(a) A
					 current written admission policy and program statement.
(b) Copies of all of the following:
(i) Personnel policies.
(ii) Job descriptions.
(iii) Standard or routine
					 procedures.
(iv) Proposed staffing
					 patterns.
(v) An organizational
					 chart.
(c) A copy of any
					 current agreement or contract between the applicant or licensee, agency,
					 person, or organization that provides or proposes to provide funding, care,
					 treatment, or supplemental services as described in the homes's program
					 statement.
(d) A current floor plan
					 of each level and basement of the entire structure, including the interior
					 layout of foster care areas and room descriptions and specifics as to use, the
					 number of beds, and the dimensions of floor space.
(e) A current financial statement and a
					 proposed biennial budget.
(f)
					 Verification of the lease, ownership, or right to occupy
					 arrangements.
(g) Current articles
					 of incorporation, a letter of authorization from the board of directors that
					 designates the individual who is authorized to act on behalf of the corporation
					 on licensing matters, a current list of the corporate directors, if applicable,
					 and a certificate of incorporation.
(h) A current credit history for noncorporate
					 applicants.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14105 - Licensed capacity

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1)
					 The number of residents cared for in a home and the number of resident beds
					 shall not be more than the capacity that is authorized by the
					 license.
(2) Any occupant of a
					 home, other than the licensee or persons who are related to the licensee,
					 live-in staff or the live-in staff's spouse and minor children, or a person
					 related to a resident who is not in need of foster care, shall be considered a
					 resident and be counted as a part of the licensed capacity.
(3) The total number of occupants shall not
					 be more than 6 over the licensed capacity.
(4) If a person who is related to a resident
					 lives in the home and subsequently requires foster care, the licensee shall
					 have not more than 30 calendar days to return to the licensed capacity. Failure
					 to do so may result in the department's refusal to renew a license, revocation
					 of the license, or the issuance of a provisional license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14106 - Rule variance

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1)
					 Upon the written request of an applicant or licensee, the department may grant
					 a variance from an administrative rule if there is clear and convincing
					 evidence that the alternative to the rule complies with the intent of the
					 administrative rule from which the variance is sought.
(2) The decision of the department, including
					 the conditions under which the variance is granted, shall be entered upon the
					 records of the department, and a signed copy shall be sent to the applicant or
					 licensee. This variance may be time-limited or may remain in effect for as long
					 as the licensee continues to comply with the intent of the rule.
(3) A variance that is granted pursuant to
					 this rule is not transferable from one applicant to another or from one
					 licensee to another.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14199 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 199.
(1)R
					 400.1601 to R 400.1613 of the Michigan Administrative Code, appearing on pages
					 372 to 375 of the 1984 Annual Supplement to the 1979 Michigan Administrative
					 Code, are rescinded.
(2)
											R
					 400.2101,
					 R
					 400.2103,
					 R
					 400.2104,
					 R
					 400.2105,
					 R
					 400.2106,
					 R
					 400.2111,
					 R
					 400.2112,
					 R 400.2113,
					 R
					 400.2115,
					 R
					 400.2116,
					 R
					 400.2119, and
					 R
					 400.2122 of the Michigan Administrative Code,
					 appearing on page 3062 of the 1979 Michigan Administrative Code and pages 376
					 to 378 of the 1984 Annual Supplement to the Code, are rescinded with respect to
					 adult foster care small and large group homes.
(3)
											R
					 400.2301 to R 400.2324, R 400.2331 to R 400.2334, R
					 400.2348 to R 400.2357, and R 400.2371 to R 400.2375 of the Michigan
					 Administrative Code, appearing on pages 3076 to 3084 and 3087 to 3091 of the
					 1979 Michigan Administrative Code and page 380 of the 1984 Annual Supplement to
					 the Code are rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14201 - Qualifications of administrator, direct care staff, licensee, and members of household; provision of names of employee, volunteer, or member of household on parole or probation or convicted of felony; food service staff

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) An
					 administrator and direct care staff shall be persons who are not
					 residents.
(2) A licensee shall
					 have the financial and administrative capability to operate a home to provide
					 the level of care and program stipulated in the application.
(3) Before a temporary license is issued, an
					 applicant and an administrator shall be competent in all of the following
					 areas:
(a) Nutrition.
(b) First aid.
(c) Cardiopulmonary resuscitation.
(d) Foster care, as defined in the
					 act.
(e) Safety and fire
					 prevention.
(f) Financial and
					 administrative management.
(g)
					 Knowledge of the needs of the population to be served.
(h) Resident rights.
(i) Prevention and containment of
					 communicable diseases.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14202 - Administrator; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) A
					 home shall have an administrator who shall not have less than 1 year of
					 experience working with persons who are mentally ill, developmentally disabled,
					 physically handicapped, or aged.
(2) A licensee who meets the qualifications
					 of an administrator may serve as an administrator.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14203 - Licensee and administrator training requirements

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) A
					 licensee and an administrator shall complete the following educational
					 requirements specified in subdivision (a) or (b) of this subrule, or a
					 combination thereof, on an annual basis:
(a)
					 Participate in, and successfully complete, 16 hours of training designated or
					 approved by the department that is relevant to the licensee's admission policy
					 and program statement.
(b) Have
					 completed 6 credit hours at an accredited college or university in an area that
					 is relevant to the licensee's admission policy and program statement as
					 approved by the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14204 - Direct care staff; qualifications and training

Current through Vol. 24-12, July 15, 2024
Rule 204.
(1)
					 Direct care staff shall not be less than 18 years of age and shall be able to
					 complete required reports and follow written and oral instructions that are
					 related to the care and supervision of residents.
(2) Direct care staff shall possess all of
					 the following qualifications:
(a) Be suitable
					 to meet the physical, emotional, intellectual, and social needs of each
					 resident.
(b) Be capable of
					 appropriately handling emergency situations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14205 - Health of a licensee, direct care staff, administrator, other employees, those volunteers under the direction of the licensee, and members of the household

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) A
					 licensee, direct care staff, administrator, other employees, those volunteers
					 under the direction of the licensee, and members of the household shall be in
					 such physical and mental health so as not to negatively affect either the
					 health of the resident or the quality of his or her care.
(2) A licensee shall have, on file with the
					 department, a statement that is signed by a licensed physician or his or her
					 designee attesting to the physician's knowledge of the physical health of the
					 licensee and administrator. The statement shall be signed within 6 months
					 before the issuance of a temporary license and at any other time requested by
					 the department.
(3) A licensee
					 shall maintain, in the home, and make available for department review, a
					 statement that is signed by a licensed physician or his or her designee
					 attesting to the physician's knowledge of the physical health of direct care
					 staff, other employees, and members of the household. The statement shall be
					 obtained within 30 days of an individual's employment, assumption of duties, or
					 occupancy in the home.
(4) A
					 licensee shall provide the department with written evidence that he or she and
					 the administrator have been tested for communicable tuberculosis and that if
					 the disease is present, appropriate precautions shall be taken. The results of
					 subsequent testing shall be verified every 3 years thereafter.
(5) A licensee shall obtain written evidence,
					 which shall be available for department review, that each direct care staff,
					 other employees, and members of the household have been tested for communicable
					 tuberculosis and that if the disease is present, appropriate precautions shall
					 be taken as required by state law. Current testing shall be obtained before an
					 individual's employment, assumption of duties, or occupancy in the home. The
					 results of subsequent testing shall be verified every 3 years thereafter or
					 more frequently if necessary.
(6) A
					 licensee shall annually review the health status of the administrator, direct
					 care staff, other employees, and members of the household. Verification of
					 annual reviews shall be maintained by the home and shall be available for
					 department review.
(7) A licensee
					 shall obtain certification from a volunteer that the volunteer is free from
					 communicable disease and that the volunteers physical and mental health will
					 not negatively affect either the health of the resident or the quality of the
					 resident's care.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14206 - Staffing requirements

Current through Vol. 24-12, July 15, 2024
Rule 206.
(1)
					 The ratio of direct care staff to residents shall be adequate as determined by
					 the department, to carry out the responsibilities defined in the act and in
					 these rules and shall not be less than 1 direct care staff to 12 residents and
					 children who are under the age of 12 years.
(2) A licensee shall have sufficient direct
					 care staff on duty at all times for the supervision, personal care, and
					 protection of residents and to provide the services specified in the resident's
					 resident care agreement and assessment plan.
(3) Any individual, including a volunteer,
					 shall not be considered in determining the ratio of direct care staff to
					 residents unless the individual meets the qualifications of a direct care staff
					 member.
(4) Direct care staff need
					 not be in the home during the day if all of the residents of the home are at
					 out-of-home supervised activities and the home has provided the means by which
					 a direct care staff member or administrator can be contacted in an emergency
					 situation.
(5) A licensee or
					 administrator shall designate, in writing, a person who shall be on-site or
					 immediately available and who shall have the authority to carry out the
					 licensee's or administrator's responsibilities in the absence of the licensee
					 or administrator and shall ensure that the identity of the designated person is
					 made known to all staff.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14207 - Required personnel policies

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) A
					 licensee shall have written policies and procedures that include all of the
					 following:
(a) Mandatory reporting, including
					 reporting that is required by law.
(b) Resident care related prohibited
					 practices.
(c) Confidentiality
					 requirements, including requirements specified in law.
(d) Training requirements.
(e) Resident rights.
(f) The process for reviewing the licensing
					 statute and administrative rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14208 - Direct care staff and employee records

Current through Vol. 24-12, July 15, 2024
Rule 208.
(1) A
					 licensee shall maintain a record for each employee. The record shall contain
					 all of the following employee information:
(a)
					 Name, address, telephone number, and social security number.
(b) The professional or vocational license,
					 certification, or registration number, if applicable.
(c) A copy of the employee's driver license
					 if a direct care staff member or employee provides transportation to
					 residents.
(d) Verification of the
					 age requirement.
(e) Verification
					 of experience, education, and training.
(f) Verification of reference
					 checks.
(g) Beginning and ending
					 dates of employment.
(h) Medical
					 information, as required.
(i)
					 Required verification of the receipt of personnel policies and job
					 descriptions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14209 - Home records generally

Current through Vol. 24-12, July 15, 2024
Rule 209.
(1) A
					 licensee shall keep, maintain, and make available for department review, all
					 the following home records:
(a) Admission
					 policy.
(b) Program
					 statement.
(c) Discharge
					 policy.
(d) Resident
					 records.
(e) A resident
					 register.
(f) Resident care
					 contracts, if applicable.
(g)
					 Accident records and incident reports.
(h) Personnel records, as required in
					 R 400.14208.
(i) Personnel policies and procedures as
					 required in
					 R
					 400.14207.
(j) Program certifications, if
					 applicable.
(k) Fire drill
					 records.
(l) Emergency preparedness
					 plans.
(m) Reports of fire or
					 severe property damage.
(n) Records
					 of variances granted, if applicable.
(o) Heating equipment inspection and approval
					 records, if applicable.
(p) Fire
					 detection and sprinkler equipment inspection and approval records, if
					 applicable.
(q) Electrical
					 inspection records, if applicable.
(r) Fire safety reports from the department
					 or the state fire marshal, as required by law.
(s) Environmental inspection reports, as
					 required by law.
(t)
					 Menus.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 2 - PROGRAM REQUIREMENTS › Section R. 400.14210 - Resident register

Current through Vol. 24-12, July 15, 2024
Rule 210. A licensee shall maintain a chronological
						register of residents who are admitted to the home. The register shall include
						all of the following information for each resident:
(a) Date of admission.
(b) Date of discharge.
(c) Place and address to which the resident
					 moved, if known.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14301 - Resident admission criteria; resident assessment plan; emergency admission; resident care agreement; physician's instructions; health care appraisal

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) A
					 licensee shall not accept, retain, or care for a resident who requires
					 continuous nursing care. This does not preclude the accommodation of a resident
					 who becomes temporarily ill while in the home, but who does not require
					 continuous nursing care.
(2) A
					 licensee shall not accept or retain a resident for care unless and until the
					 licensee has completed a written assessment of the resident and determined that
					 the resident is suitable pursuant to all of the following provisions:
(a) The amount of personal care, supervision,
					 and protection that is required by the resident is available in the
					 home.
(b) The kinds of services,
					 skills, and physical accommodations that are required of the home to meet the
					 resident's needs are available in the home.
(c) The resident appears to be compatible
					 with other residents and members of the household.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14302 - Resident admission and discharge policy; house rules; emergency discharge; change of residency; restricting resident's ability to make living arrangements prohibited; provision of resident records at time of discharge

Current through Vol. 24-12, July 15, 2024
Rule 302.
(1) A
					 home shall have a written admission and discharge policy. The policy shall be
					 made available to a resident and his or her designated
					 representative.
(2) A licensee may
					 establish house rules. House rules, if established, shall be provided, in
					 writing, to the resident or the resident's designated representative and
					 responsible agency upon admission to the home or, if established after a
					 resident's admission to the home, immediately thereafter. House rules shall not
					 conflict with these rules.
(3) A
					 licensee shall provide a resident and his or her designated representative with
					 a 30-day written notice before discharge from the home. The written notice
					 shall state the reasons for discharge. A copy of the written notice shall be
					 sent to the resident's designated representative and responsible agency. The
					 provisions of this subrule do not preclude a licensee from providing other
					 legal notice as required by law.
(4) A licensee may discharge a resident
					 before the 30-day notice when the licensee has determined and documented that
					 any of the following exists:
(a) Substantial
					 risk to the resident due to the inability of the home to meet the resident's
					 needs or assure the safety and well-being of other residents of the
					 home.
(b) Substantial risk, or an
					 occurrence, of self-destructive behavior.
(c) Substantial risk, or an occurrence, of
					 serious physical assault.
(d)
					 Substantial risk, or an occurrence, of the destruction of property.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14303 - Resident care; licensee responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1)
					 Care and services that are provided to a resident by the home shall be designed
					 to maintain and improve a resident's physical and intellectual functioning and
					 independence. A licensee shall ensure that all interactions with residents
					 promote and encourage cooperation, self-esteem, self-direction, independence,
					 and normalization.
(2) A licensee
					 shall provide supervision, protection, and personal care as defined in the act
					 and as specified in the resident's written assessment plan.
(3) A licensee shall assure the availability
					 of transportation services as provided for in the resident care
					 agreement.
(4) A licensee shall
					 provide all of the following:
(a) An
					 opportunity for the resident to develop positive social skills.
(b) An opportunity for the resident to have
					 contact with relatives and friends.
(c) An opportunity for community-based
					 recreational activities.
(d) An
					 opportunity for privacy and leisure time.
(e) An opportunity for religious education
					 and attendance at religious services of the resident's choice.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14305 - Resident protection

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) A
					 resident shall be assured privacy and protection from moral, social, and
					 financial exploitation.
(2) All
					 work that is performed by a resident shall be in accordance with the written
					 assessment plan.
(3) A resident
					 shall be treated with dignity and his or her personal needs, including
					 protection and safety, shall be attended to at all times in accordance with the
					 provisions of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14306 - Use of assistive devices

Current through Vol. 24-12, July 15, 2024
Rule 306.
(1) An
					 assistive device shall only be used to promote the enhanced mobility, physical
					 comfort, and well-being of a resident.
(2) An assistive device shall be specified in
					 a resident's written assessment plan and agreed upon by the resident or the
					 resident's designated representative and the licensee.
(3) Therapeutic supports shall be authorized,
					 in writing, by a licensed physician. The authorization shall state the reason
					 for the therapeutic support and the term of the authorization.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14307 - Resident behavior interventions generally

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) A
					 licensee shall ensure that methods of behavior intervention are positive and
					 relevant to the needs of the resident.
(2) Interventions to address unacceptable
					 behavior shall be specified in the written assessment plan and employed in
					 accordance with that plan. Interventions to address unacceptable behavior shall
					 also ensure that the safety, welfare, and rights of the resident are adequately
					 protected. If a specialized intervention is needed to address the unique
					 programmatic needs of a resident, the specialized intervention shall be
					 developed in consultation with, or obtained from, professionals who are
					 licensed or certified in that scope of practice.
(3) A licensee and direct care staff who are
					 responsible for implementing the resident's written assessment plan shall be
					 trained in the applicable behavior intervention techniques.
(4) Intervention techniques shall not be used
					 for the purpose of punishment, discipline, or for the convenience of
					 staff.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14308 - Resident behavior interventions prohibitions

Current through Vol. 24-12, July 15, 2024
Rule 308.
(1) A
					 licensee shall not mistreat a resident and shall not permit the administrator,
					 direct care staff, employees, volunteers who are under the direction of the
					 licensee, visitors, or other occupants of the home to mistreat a resident.
					 Mistreatment includes any intentional action or omission which exposes a
					 resident to a serious risk or physical or emotional harm or the deliberate
					 infliction of pain by any means.
(2) A licensee, direct care staff, the
					 administrator, members of the household, volunteers who are under the direction
					 of the licensee, employees, or any person who lives in the home shall not do
					 any of the following:
(a) Use any form of
					 punishment.
(b) Use any form of
					 physical force other than physical restraint as defined in these
					 rules.
(c) Restrain a resident's
					 movement by binding or tying or through the use of medication, paraphernalia,
					 contraptions, material, or equipment for the purpose of immobilizing a
					 resident.
(d) Confine a resident in
					 an area, such as a room, where egress is prevented, in a closet, or in a bed,
					 box, or chair or restrict a resident in a similar manner.
(e) Withhold food, water, clothing, rest, or
					 toilet use.
(f) Subject a resident
					 to any of the following:
(i) Mental or
					 emotional cruelty.
(ii) Verbal
					 abuse.
(iii) Derogatory remarks
					 about the resident or members of his or her family.
(iv) Threats.
(g) Refuse the resident entrance to the
					 home.
(h) Isolation of a resident
					 as defined in
					 R
					 400.14102(1)(m).
(i) Any electrical shock device.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14309 - Crisis intervention

Current through Vol. 24-12, July 15, 2024
Rule 309.
(1)
					 Crisis intervention procedures may be utilized only when a person has not
					 previously exhibited the behavior creating the crisis or there has been
					 insufficient time to develop a specialized intervention plan to reduce the
					 behavior causing the crisis. If the resident requires the repeated or prolonged
					 use of crisis intervention procedures, the licensee shall contact the
					 resident's designated representative and the responsible agency or, in the
					 absence of a responsible agency, a professional who is licensed or certified in
					 the appropriate scope of practice to initiate a review process to evaluate
					 positive alternatives or the need for a specialized intervention
					 plan.
(2) Crisis intervention may
					 be used only for the following reasons:
(a)
					 To provide for self-defense or the defense of others.
(b) To prevent a resident from harming
					 himself or herself.
(c) To quell a
					 disturbance that threatens physical injury to any person.
(d) To obtain possession of a weapon or other
					 dangerous object that is in the possession or control of the
					 resident.
(e) To prevent serious
					 property destruction.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14310 - Resident health care

Current through Vol. 24-12, July 15, 2024
Rule 310.
(1) A
					 licensee, with a resident's cooperation, shall follow the instructions and
					 recommendations of a resident's physician or other health care professional
					 with regard to such items as any of the following:
(a) Medications.
(b) Special diets.
(c) Susceptibility to hyperthermia and
					 hypothermia and related limitations for physical activity, as
					 appropriate.
(d) Other resident
					 health care needs that can be provided in the home. The refusal to follow the
					 instructions and recommendations shall be recorded in the resident's
					 record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14311 - Incident notification, incident records

Current through Vol. 24-12, July 15, 2024
Rule 311.
(1) If
					 a resident has a representative identified in writing on the resident's care
					 agreement, a licensee shall report to the resident's representative within 48
					 hours after any of the following:
(a)
					 Unexpected or unnatural death of a resident.
(b) Unexpected and preventable inpatient
					 hospital admission.
(c) Physical
					 hostility or self-inflicted harm or harm to others resulting in injury that
					 requires outside medical attention or law enforcement involvement.
(d) Natural disaster or fire that results in
					 evacuation of residents or discontinuation of services greater than 24
					 hours.
(e) Elopement from the home
					 if the resident's whereabouts is unknown.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 3 - RESIDENT CARE, SERVICES, AND RECORDS › Section R. 400.14312 - Resident medications

Current through Vol. 24-12, July 15, 2024
Rule 312.
(1)
					 Prescription medication, including dietary supplements, or individual special
					 medical procedures shall be given, taken, or applied only as prescribed by a
					 licensed physician or dentist. Prescription medication shall be kept in the
					 original pharmacy-supplied container, which shall be labeled for the specified
					 resident in accordance with the requirements of Act No. 368 of the Public Acts
					 of 1978, as amended, being S333.1101 et seq. of the Michigan Compiled Laws,
					 kept with the equipment to administer it in a locked cabinet or drawer, and
					 refrigerated if required.
(2)
					 Medication shall be given, taken, or applied pursuant to label
					 instructions.
(3) Unless a
					 resident's physician specifically states otherwise in writing, the giving,
					 taking, or applying of prescription medications shall be supervised by the
					 licensee, administrator, or direct care staff.
(4) When a licensee, administrator, or direct
					 care staff member supervises the taking of medication by a resident, he or she
					 shall comply with all of the following provisions:
(a) Be trained in the proper handling and
					 administration of medication.
(b)
					 Complete an individual medication log that contains all of the following
					 information:
(i) The medication.
(ii) The dosage.
(iii) Label instructions for use.
(iv) Time to be administered.
(v) The initials of the person who
					 administers the medication, which shall be entered at the time the medication
					 is given.
(vi) A resident's refusal
					 to accept prescribed medication or procedures.
(c) Record the reason for each administration
					 of medication that is prescribed on an as needed basis.
(d) Initiate a review process to evaluate a
					 resident's condition if a resident requires the repeated and prolonged use of a
					 medication that is prescribed on an as needed basis. The review process shall
					 include the resident's prescribing physician, the resident or his or her
					 designated representative, and the responsible agency.
(e) Not adjust or modify a resident's
					 prescription medication without instructions from a physician or a pharmacist
					 who has knowledge of the medical needs of the resident. A licensee shall
					 record, in writing, any instructions regarding a resident's prescription
					 medication.
(f) Contact the
					 appropriate health care professional if a medication error occurs or when a
					 resident refuses prescribed medication or procedures and follow and record the
					 instructions given.