reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1221 - PLACEMENT AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) When a youth is
				admitted to a program, the program shall enter into a written placement
				agreement with the placing agency.
(2) The placement agreement must set forth
				the terms of the youth's placement, the responsibilities of the program, the
				placing agency's responsibilities and, when appropriate, the parent's
				responsibilities.
(3) No youth from
				out-of-state shall be accepted into the program without the approval of the
				interstate compact administrator pursuant to
				41-4-101
				through
				41-4-109,
				MCA.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1225 - EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) A program shall provide an educational
				program appropriate to the needs of each youth and in compliance with
				compulsory school attendance laws. However, no youth shall receive special
				education services until a child study team (CST) has performed an appropriate
				comprehensive assessment which yields evidence that the youth has learning
				and/or behavioral problems requiring a specialized service not offered by the
				regular school program. Any youth who is receiving special educational services
				must have an individualized education program (IEP) in accordance with ARM
				10.16.3340.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.12 - Youth Rights and Care Program Requirements › Rule 37.98.1226 - RECREATION

Current through Register Vol. 13, July 5, 2024
(1) The program may have an on grounds
				recreation program that is operated by the program's staff. However, when
				available, the program shall provide the youth access to community recreation
				and cultural events when they are appropriate to the youth's needs, interests
				and abilities.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.15 - Residential Outdoor Services › Rule 37.98.1503 - RESIDENTIAL OUTDOOR SERVICES: FIRE SAFETY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Residential outdoor services programs
				shall comply with all fire, life safety, and building regulations as determined
				by the local building official and fire authority for all buildings serving
				youth.
(2) Residential outdoor
				services programs shall have an annual fire inspection conducted by the
				appropriate local fire authority or the state fire marshal's office for all
				buildings serving youth. The program shall maintain a record of such inspection
				for at least three years following the date of the inspection.
(3) All exits must be marked and be clear and
				unobstructed at all times.
(4)
				Paint, flammable liquids and other combustible material must be kept in locked
				storage away from heat sources or in outbuildings not used by the
				youth.
(5) Residential outdoor
				services staff and residents must be instructed during orientation in the
				procedure for evacuation in case of fire. The procedure and evacuation maps
				must be posted in conspicuous places.
(6) Residential outdoor services programs
				shall conduct evacuation and disaster drills and document results in a program
				file. The documented results must include but are not limited to the following:
(a) date and time of the drill;
(b) the names of staff involved in the
				drill;
(c) the names of other
				facilities, if any, which were involved in the drill;
(d) the names of other persons involved in
				the drill;
(e) a description of all
				phases of the drill procedure and suggestions for improvement; and
(f) the signature of the person conducting
				the drill.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.15 - Residential Outdoor Services › Rule 37.98.1504 - RESIDENTIAL OUTDOOR SERVICES: WATER

Current through Register Vol. 13, July 5, 2024
(1) A
				residential outdoor services program shall provide an adequate and potable
				supply of water. The residential outdoor services program shall:
(a) connect to a public water supply system
				approved by the Montana department of environmental quality; or
(b) if a nonpublic water system is used by a
				residential outdoor services program, the water system must comply with the
				standards outlined in department of environmental quality circular 3 (DEQ-3)
				and department of environmental quality circular 4 (DEQ-4). The department
				adopts and incorporates by reference department of environmental quality
				circular 3 (DEQ-3) (2002) and department of environmental quality circular 4
				(DEQ-4) (2002). Copies may be obtained from the Department of Public Health and
				Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial
				Drive, P.O. Box 202953, Helena, MT 59620-2953.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.15 - Residential Outdoor Services › Rule 37.98.1505 - RESIDENTIAL OUTDOOR SERVICES: SEWAGE AND WASTE DISPOSAL

Current through Register Vol. 13, July 5, 2024
(1) To ensure sewage is safely disposed of,
				the residential outdoor services program shall either:
(a) connect to a public sewer approved by the
				Montana department of environmental quality; or
(b) connect to a private septic system that
				is approved by the local sanitarian.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.15 - Residential Outdoor Services › Rule 37.98.1506 - RESIDENTIAL OUTDOOR SERVICES: PHYSICAL ENVIRONMENT

Current through Register Vol. 13, July 5, 2024
(1) A residential outdoor services program
				shall provide a minimum of 10 foot-candles of light in all rooms and hallways,
				with the following exceptions:
(a) all
				reading lamps must have a capacity to provide a minimum of 30 foot-candles of
				light;
(b) all toilet and bathing
				areas must be provided with a minimum of 30 foot-candles of light;
(c) general lighting in food preparation
				areas must be a minimum of 30 foot-candles of light; and
(d) hallways must be illuminated at all times
				by at least a minimum of five foot-candles of light at the floor.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1701 - OUTDOOR BEHAVIORAL PROGRAM: HIGH ADVENTURE GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) High adventure activities may include the
				following:
(a) target sports;
(b) aquatics;
(c) hiking;
(d) adventure challenge courses;
(e) climbing and rappelling;
(f) all season camping;
(g) soloing;
(h) spelunking;
(i) expeditioning;
(j) swimming in a river, stream, lake or
				pond;
(k) white water
				activities;
(l) animal related
				activities;
(m) skiing;
(n) orienteering;
(o) trampoline; or
(p) other activities approved by the
				department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1703 - HIGH ADVENTURE REQUIREMENTS: SWIMMING

Current through Register Vol. 13, July 5, 2024
(1) All
				swimming activities must be supervised by a swimming supervisor who, at a
				minimum, holds a current American red cross life guard training certificate or
				equivalent, such as a YMCA or boy scout aquatics instructor's certificate. If
				the program is offering swimming instruction, the swimming supervisor must also
				hold an American red cross water safety instructor certificate or
				equivalent.
(2) At any time the
				swimming area is open, there must be at least one staff member for each 10
				youths in the water present at the swimming area. At all times, at least one
				staff member who holds a current American red cross life guard training
				certificate or equivalent, such as a YMCA or boy scout aquatics instructor's
				certificate, must be present for each 30 youths in the water.
(3) The swimming area must be off limits when
				the required numbers of qualified staff members are not present.
(4) If the program uses a pool for which the
				program is not responsible, the program need not provide a lifeguard if there
				is a qualified lifeguard provided by the pool. There must be at least one
				program staff member at the pool for each 10 youths in the water.
(5) Swimming area rules and emergency
				procedures must be posted in a visible location at the swimming area.
(6) The swimming pool or swimming area must
				be in compliance with all applicable provisions of Montana law.
(7) If youths are permitted to swim in a lake
				or pond, the swimming areas must be clearly designated.
(8) Before youths are permitted to swim in
				deep water, swimming skills must be tested by properly trained staff
				members.
(9) There must be a system
				known to youth and lookout staff for checking the youth when youths are in the
				water.
(10) The following equipment
				must be available for use at the pool side or the lake shore in which swimming
				is permitted:
(a) a rescue tube;
(b) a reach pole; and
(c) a backboard.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1705 - HIGH ADVENTURE REQUIREMENTS: BOATING, CANOEING, SAILING, TUBING, KAYAKING AND WHITE WATER RAFTING

Current through Register Vol. 13, July 5, 2024
(1) All boating,
				canoeing, sailing, tubing, kayaking and white water rafting activities must be
				supervised by a boating supervisor meeting the following qualifications:
(a) a current American red cross life guard
				training certificate or equivalent, such as a YMCA or boy scout aquatics
				instructor's certificate; and
(b) a
				basic small craft certificate for the type of craft which is to be
				supervised.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1707 - HIGH ADVENTURE REQUIREMENTS: ARCHERY

Current through Register Vol. 13, July 5, 2024
(1) All
				archery activities must be supervised by an experienced archery
				supervisor.
(2) The archery range
				must be free from hazards and well marked. There must be a clear path to the
				target which is not obstructed by such things as rocks, trees or branches.
				Traffic, trail or other program activities may not be placed in the direction
				of the flight of the arrows.
(3)
				Equipment must be maintained in safe condition. Bows and arrows must be
				inspected for fractures, splinters or cracks before each use. Damaged bows and
				arrows may not be utilized.
(4)
				Equipment must be stored under lock and key when not in use. Bows and arrows
				must be used only in the specified archery area.
(5) All archers shall use the same firing
				line. Arrows must be issued only at the firing line.
(6) Arrows must be nocked to bow string after
				shooters are on the firing line and after the signal to shoot has been
				given.
(7) Before arrows are
				released, shooters must have a definite target.
(8) Movement must be controlled by a
				supervising staff member. All persons shall stay behind the firing line until
				the signal to retrieve arrows is given. All arrows must be retrieved at the
				same time.
(9) If the program has
				field archery, a procedure must be established and posted to provide for the
				safety of the archers, including issuance of arrows at the check-in point of
				the archery trail, the check in of an archer at the beginning of the archery
				trail and the check out when archer has completed the trail.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1709 - HIGH ADVENTURE REQUIREMENTS: HORSEBACK RIDING

Current through Register Vol. 13, July 5, 2024
(1) All horseback riding activities must be
				supervised by a horseback riding supervisor who must have at least one of the
				following:
(a) a certificate from a
				nationally recognized horseback riding organization or riding school;
				or
(b) written verification of
				successful experience in formal horseback riding instruction or equivalent
				horseback riding experience.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1711 - HIGH ADVENTURE REQUIREMENTS: TRAMPOLINE

Current through Register Vol. 13, July 5, 2024
(1)
				All trampoline activities must be supervised by a trampoline supervisor who
				shall have documented formal training and experience in the use of trampoline
				and be knowledgeable about safety and spotting techniques.
(2) Trampolines must be equipped with pads
				along the sides, which must be kept in good repair.
(3) No person may be on the trampoline unless
				a trampoline supervisor is present and spotters are present on all four sides
				of the trampoline. If youth are utilized as spotters, the youth must be of
				sufficient age and physical size to be effective as spotters, and they must be
				instructed by the trampoline supervisor regarding what is expected. Spotters
				may not stand, sit or lie on the trampoline, but they must stand in a position
				of readiness, watching the jumper at all times.
(4) Trampolines must be secured from
				unauthorized use by any person.
(5)
				The youth may dismount the trampoline by sitting on the edge and sliding off.
				No youth shall jump off the trampoline.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1713 - HIGH ADVENTURE REQUIREMENTS: REQUIREMENTS FOR ALL ROCK CLIMBING

Current through Register Vol. 13, July 5, 2024
(1) All rock climbing activities must be
				supervised by a climbing supervisor meeting the requirements of this rule and
				ARM 37.98.1715 and
				37.98.1717. The climbing
				supervisor must be assisted by climbing instructors meeting the requirements of
				this rule and ARM
				37.98.1715 and
				37.98.1717.
(2) The following
				requirements apply to all rock climbing activities:
(a) Prior to participating in rock climbing,
				all youth must be instructed in the care and use of basic equipment, knots,
				anchors and belays, verbal signals, safety measures, basic climbing holds and
				moves, and techniques of rappelling.
(b) The climbing supervisor and at least one
				climbing instructor must be present at the climbing site during all climbing
				activities.
(c) A climbing
				instructor shall be present at the climbing site for each five
				climbers.
(d) A staff member who
				holds at least a current American red cross community first aid and safety
				certificate or equivalent shall be present at the climbing site.
(e) First aid supplies, put together by a
				person knowledgeable in first aid supplies needed for climbing activities and
				possible injuries, must be present at the climbing site.
(f) No youth may be forced to participate in
				climbing activities.
(g) The
				climbing supervisor shall be responsible for the proper maintenance of all
				equipment used. Equipment must be checked by the supervisor immediately prior
				to use.
(h) All rock climbing
				equipment must meet industry standards and must be maintained, visually and
				physically inspected and replaced on a timely basis.
(i) Climbers shall wear helmets at all
				times.
(j) The program may not
				permit an unsupervised climb.
(k)
				Youth must be connected to a safety rope during rock climbing.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1715 - HIGH ADVENTURE REQUIREMENTS: BASIC/SINGLE-PITCHED ROCK CLIMBING AND RAPPELLING

Current through Register Vol. 13, July 5, 2024
(1) The following requirements apply to
				basic/single-pitched rock climbing and rappelling:
(a) The climbing supervisor and the climbing
				instructors must have verified knowledge of technical climbing by completion of
				a course, a climbing school or a minimum of 10 hours of instruction.
(b) Each rock climber must be visually
				supervised by the climbing supervisor or a climbing instructor.
(c) Youth waiting to climb must be supervised
				by a staff member.
(d) A belay must
				be used during rappelling, and all climbers must be belayed in a top rope
				manner by a climbing supervisor, climbing instructor or by another staff member
				trained by the climbing supervisor or a climbing instructor as a
				belayer.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1717 - HIGH ADVENTURE REQUIREMENTS: ADVANCED/MULTI-PITCHED ROCK CLIMBING

Current through Register Vol. 13, July 5, 2024
(1) The following requirements apply to
				advanced/multi-pitched climbing:
(a) The
				climbing supervisor must:
(i) hold a current
				American red cross community first aid and safety certificate or equivalent and
				a current certificate for CPR;
(ii)
				have been an instructor, under supervision, for two seasons with verifiable
				experience and a review of any serious accidents;
(iii) have completed a technical climbing
				school or training in technical climbing with written evidence of such
				completion;
(iv) have led 10
				additional multi-pitched class V climbs (as defined by the American alpine
				club) within the last two years; and
(v) have knowledge of mountain rescue
				techniques. If the climb is more than 60 minutes from emergency medical
				services, the climbing supervisor shall also hold a current wilderness first
				responder training certificate or equivalent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1719 - HIGH ADVENTURE REQUIREMENTS: ROPE COURSES

Current through Register Vol. 13, July 5, 2024
(1)
				All rope course activities must be supervised by a rope course supervisor with
				training and experience on the type of rope course being used. The rope course
				supervisor must hold a current American red cross community first aid safety
				certificate or equivalent. The rope course supervisor shall be present during
				all rope course activities.
(2) The
				program shall have written safety procedures for use of the rope courses. Staff
				must be trained on the safety procedures.
(3) Rope courses must be inspected annually
				by knowledgeable personnel.
(4)
				Bolts must be tight and cables must be in good condition at all
				times.
(5) Rope courses must be
				inspected before use by the rope course supervisor.
(6) The integrity of all the trees in the
				rope course must be inspected regularly.
(7) Ropes, cables and bolts must be
				maintained, visually and physically inspected and replaced on a timely
				basis.
(8) Youth shall wear helmets
				when using the rope course.
(9)
				Rope courses must be off limits to youth when a rope supervisor or rope
				instructor is not present.
(10)
				Access to rope courses must be controlled by education, signs and whatever
				other means are necessary to control unsupervised access.
(11) Youth must be connected to a safety rope
				during all activities on a rope course.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1721 - HIGH ADVENTURE REQUIREMENTS: HIKING AND BACKPACKING

Current through Register Vol. 13, July 5, 2024
(1) All hiking or backpacking trips and
				activities shall be supervised by a hiking or backpacking supervisor meeting
				the requirements of this rule.
(2)
				The hiking or backpacking supervisor shall:
(a) hold a current American red cross
				community first aid and safety certificate or equivalent;
(b) have knowledge of outdoor experience and
				the symptoms and correct treatment procedures for hypothermia and dehydration;
				and
(c) have verifiable experience
				in hiking and backpacking at the elevation where the hike is to take
				place.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.17 - High Adventure Requirements › Rule 37.98.1723 - HIGH ADVENTURE REQUIREMENTS: BICYCLING

Current through Register Vol. 13, July 5, 2024
(1) All
				bicycling trips and activities must be supervised by a bicycling supervisor who
				meets the requirements and qualifications set forth in this rule.
(2) The bicycling supervisor must:
(a) be familiar with state laws about
				bicycling;
(b) be knowledgeable
				about the type of bicycling terrain where the bicycle trips will
				occur;
(c) be knowledgeable about
				bicycling in the mountains, if applicable;
(d) be knowledgeable on making simple bicycle
				repairs; and
(e) hold at least a
				current American red cross community first aid and safety certificate or
				equivalent.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1801 - EXPEDITION: FIELD OFFICE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				A program shall have a field office in Montana. A field office may be a
				vehicle, a camp, a building, or the administrative office.
(2) The field office must be staffed and
				monitored 24 hours a day when there are youth in care in the field office or on
				expeditions. Field office staff shall respond immediately to any emergency
				situation.
(3) When field office
				staff are not present in the field office, a contact satellite phone number for
				the responsible on call staff must be posted on the field office door. The
				field director shall designate responsible on call staff who shall continually
				monitor communications and will always be on call with a satellite phone within
				15 minutes travel time of the field office.
(4) Field office staff shall be responsible
				for:
(a) training and orientation, management
				of field personnel, related files and records; and
(b) maintaining communications, equipment
				inspection and overseeing medical incidents.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1803 - EXPEDITION: STAFF

Current through Register Vol. 13, July 5, 2024
(1) During any
				expedition:
(a) expedition staff shall carry
				a copy of the itinerary placed on file at the field office;
(b) expedition staff shall remain in contact
				with the field office via satellite phone, with contacts occurring at a minimum
				of once each morning and once each evening;
(c) expedition staff shall possess and make
				use of a global positioning satellite receiver;
(d) supplies for providing emergency care
				must be at each expedition camp;
(e) expedition staff shall maintain the daily
				expedition log. Entries in the log must be made in permanent ink and signed and
				dated by the staff member making the entry. The daily expedition log must be
				filed at the field office upon return from the expedition and maintained as a
				part of the program's permanent record;
(f) expedition staff and youth shall
				implement and follow program policies and procedures regarding back country
				etiquette and leave no trace principles;
(g) expedition staff shall closely monitor
				participating youth while acclimating to the environment including temperature,
				climate and altitude; and
(h) when
				temperatures exceed 95 E F or fall below 10 E F, expedition staff shall take
				appropriate preventative measures to ensure participating youth remain free of
				heat or cold related illness or injuries.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1804 - EXPEDITION: STAFF TRAINING

Current through Register Vol. 13, July 5, 2024
(1) All outdoor
				experience and expedition staff training must be documented and kept on file
				for each staff member, intern and volunteer.
(2) A program shall have written policies,
				procedures and training curriculum regarding minimum requirements for
				orientation, field training and ongoing training.
(3) A program shall provide a minimum of 40
				hours initial staff training.
(4)
				Initial staff training may not be considered completed until the staff members
				have demonstrated to the field director proficiency in each of the following:
(a) supervision of program
				participants;
(b) procurement,
				preparation and conservation of water, food and shelter;
(c) low impact wilderness expedition and
				environmental conservation skills and procedures;
(d) youth management, including containment
				control, safety, conflict resolution and behavioral management;
(e) instruction in safety procedures and
				safety equipment, use of fuel, fire and life protection;
(f) instruction in emergency procedures,
				medical, weather signalization, fire, runaway and lost youth;
(g) sanitation procedures relating to food,
				water and waste;
(h) knowledge of
				wilderness medicine, including health issues related to acclimation and
				exposure to the environmental elements;
(i) CPR, standard first aid, use of first aid
				kit contents and use of wilderness medicine;
(j) navigation skills including map and
				compass use, contour and celestial navigation and global positioning
				system;
(k) local environmental
				precautions including terrain, weather upsets, poisonous plants, wildlife and
				proper response to adversarial situations;
(l) report writing, including the development
				and maintenance of logs and journals;
(m) relevant federal, state and local
				regulations including those of the department, bureau of land management,
				United States forest service, Montana fish, wildlife and parks; and
(n) therapeutic de-escalation of crisis
				situations and passive physical restraint techniques to ensure the protection
				and safety of the clients and staff. The training must include the use of
				physical and non-physical methods of managing youth and must be updated at
				least every 12 months to ensure that necessary skills are maintained.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1805 - EXPEDITION: YOUTH/STAFF RATIO

Current through Register Vol. 13, July 5, 2024
(1) Each
				group of youth must be staffed as follows:
(a) two staff members for the first four
				youth or fraction thereof and one additional staff member for every four youth
				or fraction thereof;
(b) each group
				of youth must have at least one staff member of the same gender as the genders
				represented in the youth group; and
(c) each youth group must include one senior
				field staff member.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1810 - EXPEDITION: BASIC REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Prior
				to embarking on an expedition:
(a) An
				itinerary of the expedition, including a written description and schedule of
				every planned expedition activity, and the location of each expedition camp
				site, must be prepared and filed at the field office.
(b) If national, state forest or other public
				lands will be used, arrangements must be made with the appropriate state or
				federal officials, and an itinerary of the expedition, including the location
				of each expedition camp site, must be provided to said officials.
(c) If private property will be used,
				arrangements must be made with the property owners.
(d) The field director shall brief all
				participating staff on all expedition details including:
(i) the planned route, time schedule, weather
				forecast and any potential hazards;
(ii) the rules for use of state or national
				forest or other public lands if such property will be used during the
				expedition;
(iii) any procedures or
				special circumstances unique to the expedition;
(iv) information regarding each participating
				youth, including background information, potential problems and any other
				relevant information; and
(v) goals
				and objectives of the case plan for each participating youth.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1811 - EXPEDITION: POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Policies and procedures must be adopted by the program regarding back country
				etiquette and the leave no trace principle. Participating staff and youth must
				be trained on the policies and procedures.
(2) At a minimum, the policies and procedures
				must include the following principles of leave no trace:
(a) leave what you find because all natural
				and cultural resources are protected by law;
(b) pack it in, pack it out;
(c) properly dispose of waste that you can't
				pack out;
(d) plan ahead and
				prepare. The staff shall know and respect applicable rules and regulations and
				understand the risk inherent in back country travel;
(e) travel and camp on durable
				surfaces;
(f) minimize campfire
				impact and use;
(g) respect
				wildlife by never approaching, feeding or harassing wildlife and by securing
				food and garbage properly; and
(h)
				be considerate of other visitors by keeping group size small and by minimizing
				noise.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1812 - EXPEDITION: COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The program
				shall have written policies and procedures establishing a system of
				communication that meets the following criteria:
(a) each group away from the field office
				must have a satellite phone and extra charged battery packs for the satellite
				phone;
(b) the program must have a
				reliable back up communication system;
(c) the program must have a back up plan for
				re-establishing communications to be implemented in the event regular
				communications fail; and
(d) the
				program must develop a signal mirror communication system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1815 - EXPEDITION: HEALTH CARE

Current through Register Vol. 13, July 5, 2024
(1) Additional
				health care requirements for youth on expedition include the following:
(a) Each youth's hydration, skin condition,
				extremities and general physical condition must be monitored and documented by
				field staff on a daily basis.
(b)
				Each youth's physical condition must be assessed by a staff member trained as a
				wilderness first responder at least every seven days while on expedition. The
				assessments must be documented and must at a minimum include:
(i) blood pressure, if deemed necessary by a
				licensed health care professional;
(ii) heart rate;
(iii) check of extremities;
(iv) condition of skin;
(v) hydration level;
(vi) allergies if any;
(vii) general physical condition;
(viii) provision of appropriate medical
				treatment if needed; and
(ix)
				emotional well being.
(c) A written plan for handling unanticipated
				allergic reactions while on expedition must be developed. The plan must
				include:
(i) training and consultation with
				regard to possible allergic reactions or reactions to snake and insect
				bites;
(ii) notations in youth
				records about any medication which might result in allergic reactions or other
				side effects; and
(iii)
				identification for all expedition staff about youth needing special
				precautions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1816 - EXPEDITION: NUTRITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				A program shall have and follow written policies and procedures on nutritional
				requirements.
(2) Each program
				shall have a written menu, approved by a qualified dietitian or nutritionist
				with knowledge of the program activities and levels, describing food supplied
				to the youth which must provide a minimum of 3000 calories per day.
(3) The menu must be adjusted to provide 29%
				to 100% increase in minimum dietary needs as energy expenditures such as
				exercise increases, or as the climate conditions such as cold weather
				dictate.
(4) Forage items may not
				be used toward the determination of caloric intake.
(5) Hands must be cleaned after each latrine
				use and prior to food preparation and food consumption.
(6) Food may not be withheld from a youth for
				any reason.
(7) If no fire is
				available for cooking food, other food of equal caloric value which does not
				require cooking must be available.
(8) Field staff are responsible for
				maintaining the safety and well being of the youth and shall monitor each
				youth's food intake to ensure that the youth has adequate nutrition.
Sec.
					 50-5-220,
					 MCA; IMP, Sec.
					 50-5-220,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1817 - EXPEDITION: WATER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A
				program shall have and follow written policies and procedures on expedition
				water requirements. At a minimum they must consist of the following:
(a) Youth must have access to potable water
				while hiking.
(b) The program shall
				provide each youth with six quarts of potable water a day, unless a youth's
				weight exceeds 150 pounds, then one additional quart of potable water must be
				provided for every 25 pounds of body weight over 150 pounds.
(c) Youth must have access to one additional
				quart of water for every five miles hiked.
(d) Staff shall encourage each youth to
				consume at least three quarts of potable water per day.
(e) In temperatures above 80 E F, adequate
				water must be available for coating each youth's body for the purpose of
				cooling when needed.
(f) Water must
				be available at each expedition camp site. Water cache location information
				must be verified by field staff before the group leaves expedition camp each
				day.
(g) Expedition groups may not
				depend on aerial drops for water supply. Aerial water drops must be used for
				emergency situations only.
(h)
				Water taken by staff or youth from a natural source and used for drinking or
				cooking must be treated to eliminate health hazards.
(i) Each group must have a supply of
				electrolyte replacement, the quantities to be determined by group size and
				environment conditions.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1821 - EXPEDITION: SOLO EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) If the
				program utilizes solo experiences as part of the therapeutic process during
				expeditions, the program shall have policies and procedures for the utilization
				of solo experiences. Policies and procedures for solo experiences, at a
				minimum, must require:
(a) a written solo
				plan that must include, but is not limited to:
(i) the goals, methods, and techniques to be
				used and time frames for each participant;
(ii) an evaluation of the maturity level,
				health and physical ability of the youth, indicating that a solo expedition is
				reasonable;
(iii) documented
				instructions on the solo experience, including expectations, restrictions,
				communication, environment and emergency procedures; and
(iv) documented instructions on a back up
				plan in case the primary plan does not work; and
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.98 - OUTDOOR BEHAVIORAL PROGRAM › Subchapter 37.98.18 - Expedition Requirements › Rule 37.98.1822 - EXPEDITION: PARTICIPANT CLOTHING, EQUIPMENT AND SUPPLIES

Current through Register Vol. 13, July 5, 2024
(1) Each expedition participant must have
				appropriate clothing, equipment and supplies for the types of activities and
				for the weather conditions likely to be encountered.
(2) Clothing, equipment and supplies must
				include at a minimum:
(a) sunscreen, which
				must be worn during all seasons;
(b) insect repellent if appropriate for the
				environmental conditions generally expected for the area and season;
(c) a commercial backpack or the materials to
				construct a safe backpack or bedroll;
(d) personal hygiene items necessary for
				cleansing;
(e) appropriate feminine
				hygiene supplies;
(f) wool blankets
				or an appropriate sleeping bag and a tarp or poncho for when the average
				nighttime temperature is expected to be 40 E F or higher;
(g) shelter from precipitation, appropriate
				sleeping bag and ground pad when the average nighttime temperature is expected
				to be 39 E F or lower;
(h) clothing
				appropriate for the temperature changes generally expected for the area;
				and
(i) a clean change of clothing
				at least once a week or an opportunity for the participant to wash their
				clothing at least once a week.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.101 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules establish licensing
				procedures and licensing requirements for private alternative adolescent
				residential or outdoor programs.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 1, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.106 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) Any program
				that includes in its marketing, advertising, information packet, or other
				similar document reference to providing primary, inpatient, or residential
				chemical dependency treatment must be licensed by the Montana Department of
				Public Health and Human Services under Title 50, chapter 5, MCA.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3, L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 12, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.107 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: LICENSING FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Programs must
				submit payment for licensure annually.
(2) Licensing fees are based on the number of
				participants the program is licensed to serve as shown in the table below.
Number of participants
Licensing Fees
1-10 participants
$1,688
11-25 participants
$4,345
26-50 participants
$8,138
51 and more participants
$13,313
(3)
				All fees provided for in this rule are nonrefundable and are not prorated for
				portions of the licensing period.
(4) All fees must be paid in full by July 1
				of each year.
AUTH: Chap. 293, section 3(3), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 4, L. of
					 2019
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.109 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: PROCEDURE FOR OBTAINING A LICENSE: ISSUANCE AND RENEWAL OF A LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Application for a program license must be
				made on an application form provided by the department.
(2) Renewal applications must be received
				within 30 days prior to the expiration date of the current license.
(3) The program must submit all written
				program management policies and procedures to the department for approval with
				the initial application. Policies and procedures must comply with requirements
				outlined in this chapter.
(4) Upon
				receipt of a complete initial or renewal application, the department must
				conduct an on-site licensing survey to determine if the applicant meets all
				applicable licensing requirements. The on-site licensing survey may be
				unannounced.
(5) If the department
				determines during the survey that the applicant is out of compliance with the
				applicable licensing requirements, the department will notify the applicant of
				the specific deficiencies and the applicant must submit a written plan of
				correction within ten working days of the department's notification of
				noncompliance specifying how compliance will be made and maintained in the
				future.
(6) The department must
				receive all required information and approve the plan of correction prior to
				issuing a license.
(7) If all
				licensing requirements are met and the fee has been paid in full, the
				department will issue a license for a period of up to three years.
(a) A three-year license may be issued to a
				program that has received no deficiencies within the last licensed period and
				licensing survey.
(b) A two-year
				license may be issued to a program that has received minor deficiencies that do
				not significantly affect or threaten the health, safety, and welfare of any
				program participant.
(c) A
				one-year license may be issued to any program:
(i) that has been in operation for less than
				one year;
(ii) upon a change in
				ownership;
(iii) that has received
				deficiencies within the last licensed period or licensing survey that threaten
				the health, safety, and welfare of program participants or staff; or
(iv) that has received multiple deficiencies
				or repeat deficiencies.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.110 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: LICENSE DENIAL, SUSPENSION, RESTRICTION, AND REVOCATION

Current through Register Vol. 13, July 5, 2024
(1)
				The department, after written notice to the applicant or program, may deny,
				suspend, cancel, reduce, modify, or revoke a license upon a finding of any of
				the following:
(a) the program is not in
				compliance with fire safety standards;
(b) the program is not in substantial
				compliance with other licensing requirements established by this
				chapter;
(c) the program has made
				any misrepresentations to the department, either negligent or intentional,
				regarding any aspect of its operations or facility;
(d) the program has failed to use payments
				for the support of the program participants;
(e) the program, persons associated with the
				program, any staff member, or persons living at the program have been named as
				the perpetrator in a substantiated report of abuse or neglect;
(f) the program, persons associated with the
				program, any staff member or persons living at the program have violated
				provisions of this chapter that resulted in child abuse or neglect;
(g) the program, persons associated with the
				program or any staff member do not meet the requirements in [37.99.148
				];
(h) the program failed to report
				an incident of abuse or neglect to the department or its local affiliate as
				required in
				41-3-201,
				MCA;
(i) it is determined on the
				basis of a department or law enforcement investigation that the program,
				persons associated with the program, any staff member, or anyone living in a
				program may pose any risk or threat to the safety or welfare of program
				participants;
(j) the program has
				failed to provide an acceptable written plan of correction as specified in
				[37.99.109 ];
(k) the program did
				not pay the licensure fee as required in [37.99.107 ]; or
(l) the program employs or has persons living
				at the program that do not have an approved background check as required in
				[37.99.126 ].
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.1 - Private Alternative Adolescent Residential Programs › Rule 37.99.115 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: WRITTEN POLICY AND PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) A current
				written policy and procedure manual that includes all policies required in this
				chapter and describes all services provided in the program, must be developed,
				implemented, and maintained at the program. The manual must be available to
				staff, program participants, program participants' parent/legal guardian, and
				the department and must be complied with by all program personnel and its
				agents.
AUTH: Chap. 293, section 3(2), L. of 2019, Chap. 293,
					 section 5(2), L. of 2019; IMP: Chap. 293, section 3, L. of 2019, Chap. 293,
					 section 5, L. of 2019, Chap. 293, section 9, L. of
					 2019