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 37.99.102 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Adolescent" means any person between the
				ages of 10 and 19 years who is placed in a program by a parent/legal guardian.
				A program participant may be up to the age of 20 if they are enrolled in an
				accredited secondary school.
(2)
				"Case plan" means a specific plan for providing care, treatment, and services
				of any kind to a specific program participant.
(3) "Chemical restraint" means the use of a
				drug or medication that is used to control behavior or restrict the program
				participant's freedom of movement, and which is not a standard treatment for
				the program participant's medical or psychiatric condition. The use of chemical
				restraint is prohibited in all programs.
(4) "Correspondence search" means reading a
				program participant's mail or inspecting the contents of a package.
(5) "Department" means the Department of
				Public Health and Human Services.
(6) "Direct care staff" or "staff" means
				program personnel who directly participate in the care, supervision, and
				guidance of the program participants.
(7) "Discharge plan" means a realistic plan
				developed to transition the program participant home or to a less restrictive
				and appropriate placement with specific services identified and
				available.
(8) "Licensed addiction
				counselor" means a person licensed under Title 37, chapter 35, MCA.
(9) "Licensed health care professional" means
				a licensed physician, physician assistant, or advanced practice registered
				nurse who is practicing within the scope of the license issued by the
				Department of Labor and Industry.
(10) "Licensure Bureau" means the Quality
				Assurance Licensure Bureau.
(11)
				"Mechanical restraint" means the use of devices as a means of restricting a
				person's freedom of movement. The use of mechanical restraint is prohibited in
				all programs.
(12) "Mental health
				professional" must be licensed pursuant to Title 37, chapters 22, 23, and 37,
				MCA, as a clinical professional, social worker, or marriage and family
				therapist. A program may use a licensure candidate to provide mental health
				professional services with written consent of the program participant's
				parent/legal guardian.
(13) "Near
				miss" means an unplanned, unforeseen, or potentially dangerous situation where
				safety was compromised but that did not result in injury.
(14) "Pat-down search" means a body search
				done outside of a person's clothing with the intention of locating suspected
				contraband.
(15) "Personal
				property search" means a search which includes but is not limited to going
				through a program participant's personal property and/or room including closet,
				bed, desk, dresser drawers, backpacks, etc., with the intention of looking for
				contraband.
(16) "Physical escort"
				means the temporary touching or holding of the hand, wrist, arm, shoulder, or
				back for the purpose of inducing a program participant to walk to a safe
				location.
(17) "Physical restraint"
				means a personal restriction that immobilizes or reduces the ability of the
				free movement of an individual's arms, legs, or head. Such term does not
				include physical escort. Physical restraint may be imposed only in emergency
				circumstances and only to ensure the immediate physical safety of the resident,
				a staff member, or others, when less restrictive interventions have been
				determined to be ineffective.
(18)
				"Program participant-to-staff ratio" means the number of program participants
				in care per each on-duty awake direct care staff member.
(19) "Seclusion" means a behavior control
				technique involving locked isolation in which the resident is physically
				prevented from leaving. Such term does not include time-out. Seclusion is
				prohibited in all programs.
(20)
				"Self-administration assistance" means providing necessary assistance to any
				program participant in taking their medication, including:
(a) removing medication containers from
				secured storage;
(b) providing
				verbal suggestions, promoting, reminding, gesturing or providing a written
				guide for self-administering medications;
(c) handling a prefilled, labeled medication
				holder, labeled unit dose container, syringe, or original marked, labeled
				container from the pharmacy;
(d)
				opening the lid of the above container for the resident;
(e) guiding the hand of the program
				participant to self-administer the medication;
(f) holding and assisting the program
				participant in drinking fluid to assist in the swallowing of oral medications;
				and
(g) assisting with removal of a
				medication from a container for program participant with a physical disability
				which prevents independence in the act.