reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.3 - Independent Review of Health Care Decisions › Rule 37.108.315 - INDEPENDENT REVIEW OF HEALTH CARE DECISIONS: INTERNAL APPEALS PROCESS

Current through Register Vol. 13, July 5, 2024
(1) If a health carrier or managed care
				entity has an internal appeals process in place, the internal appeals process
				provided by the health carrier or managed care entity must be exhausted before
				the enrollee or the enrollee's authorized representative can submit a decision
				for independent review, unless:
(a) the
				internal appeals process is not completed within 60 calendar days from the date
				the request for appeal is received, in which case the internal appeals process
				will be interrupted and the case forwarded for independent review; or
(b) the health care treatment decision
				results in a serious threat to the health or threatens the life of the
				enrollee, in which case upon certification by the health care provider as
				defined in (1) (b) (i), the internal appeals process will be bypassed and the
				matter shall immediately be submitted for expedited review.
(i) If the enrollee's health care provider
				determines that the adverse determination involves a condition which seriously
				threatens the life or health of the enrollee, the enrollee's health care
				provider shall certify in writing, facsimile or by electronic mail that the
				life or health of the enrollee would be seriously threatened by the delay of an
				internal appeals process.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.501 - PURPOSE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP,
					 33-36-102,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.502 - DEFINITIONS (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP, 33-36-105,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.505 - QUALITY ASSURANCE STRUCTURE AND ACCREDITATION (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP, 33-36-105,
					 33-36-302,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.506 - WRITTEN DESCRIPTION OF QUALITY ASSESSMENT PLAN (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP, 33-36-105,
					 33-36-302,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.507 - COMPONENTS OF QUALITY ASSESSMENT ACTIVITIES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 33-36-105, MCA; IMP:
					 33-36-105,
					 33-36-302,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.510 - QUALITY IMPROVEMENT (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP, 33-36-105,
					 33-36-303,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.511 - CLINICAL FOCUSED STUDY (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP,
					 33-36-303,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.515 - ENROLLEE COMPLAINT SYSTEM (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP,
					 33-36-303,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.516 - RECORDING CONSUMER SATISFACTION (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP,
					 33-36-303,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.520 - CORRECTIVE ACTION (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP, 33-36-105,
					 33-36-401,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.108 - MANAGED CARE QUALITY ASSURANCE › Subchapter 37.108.5 - Quality Assurance for Managed Care Plans › Rule 37.108.521 - INFORMAL RECONSIDERATION OF DEPARTMENT DECISION (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
33-36-105, MCA; IMP,
					 33-36-401,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) These rules establish a procedure for
				awarding grants to carry out the purposes of the Montana Community Health
				Center Support Act.
50-4-804,
					 MCA; IMP,
					 50-4-804,
					 50-4-805,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Advisory group" means the nine member
				group appointed as provided in
				50-4-810,
				MCA.
(2) "Applicant" means the
				entity applying for the grant. An entity applying for a grant will be expected
				to apply for federal grants supporting Public Health Service Act (PHSA) (2007)
				Section 330 grantees when available.
(3) "Bureau of Primary Health Care (BPHC)"
				means the bureau within the Health Resources and Services Administration (HRSA)
				of the United States Department of Health and Human Services that oversees the
				determination of Community Health Center (CHC) status and makes a
				recommendation regarding federally qualified health center (FQHC) and FQHC
				look-alike status. A health care center that wants Section 330 grant money from
				the PHA must apply to the BPHC as provided in 42 CFR 51 c (2007).
(4) "Capital Expenditure Application" means
				an application for a one-time capital expenditure to an existing federally
				qualified health center to expand services by increasing medical, dental, or
				mental health capacity by purchasing equipment or renovating clinic
				facilities.
(5) "Centers for
				Medicare and Medicaid Services (CMS)" is the division of the United States
				Department of Health and Human Services that confers FQHC and FQHC look-alike
				status and implements FQHC reimbursement policy.
(6) "Community health center (CHC)" means a
				health care center that meets the requirements of
				42 USC 254
				b (2007) and 42 CFR 51 c (2007), and is receiving federal Section 330 grant
				money under the PHSA.
(7)
				"Comprehensive primary health care services" means:
(a) basic health services which, for the
				purposes of this subchapter, shall consist of:
(i) health services related to family
				medicine, internal medicine, pediatrics, obstetrics, or gynecology that are
				furnished by physicians and where appropriate, physician assistants, nurse
				practitioners, and nurse midwives;
(ii) diagnostic laboratory and radiologic
				services;
(iii) preventive health
				services, including:
(A) prenatal and
				perinatal services;
(B) appropriate
				cancer screening;
(C) well-child
				services;
(D) immunizations against
				vaccine-preventable diseases;
(E)
				screenings for elevated blood lead levels, communicable diseases, and
				cholesterol;
(F) pediatric eye,
				ear, and dental screenings to determine the need for vision and hearing
				correction and dental care;
(G)
				voluntary family planning services;
(H) preventive dental services;
(iv) emergency medical services;
				and
(v) pharmaceutical services as
				may be appropriate for particular centers;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.105 - PRIORITIES AMONG GOALS

Current through Register Vol. 13, July 5, 2024
(1) The advisory
				group appointed pursuant to
				50-4-810,
				MCA, shall advise the department committee, in writing, of its recommendations
				for the priorities related to awarding state grant(s) from among the following
				goals:
(a) create and support new access
				points for comprehensive primary health care services by applicants that will
				be working toward FQHC status;
(b)
				create and support new access satellites in new locations for comprehensive
				primary health care services by existing CHCs;
(c) expand the medical capacity of existing
				FQHCs that are Section 330 grantees;
(d) expand the medical, mental health, or
				dental services offered by existing FQHCs that are Section 330 grantees;
				or
(e) award one time grants for
				FQHCs to purchase equipment or renovate clinic facilities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.107 - ELIGIBILITY FOR GRANT

Current through Register Vol. 13, July 5, 2024
(1) To be eligible
				for consideration for a state grant an applicant must submit a proposal and
				meet the requirements listed in (1)(a) through (f) and
(2). The applicant for:
(a) "capital expenditure" must be an existing
				FQHC. Capital expenditure grants are for the purchase of equipment or
				renovation of clinic facilities. Capital expenditure applications must
				demonstrate that additional services will be made available and/or increase
				patient capacity per department guidelines for capital expenditure
				applications;
(b) "expanded medical
				capacity" must be able to meet the qualifications contained in the United
				States Department of Health and Human Services, Policy Information Notice (PIN)
				2006-09 dated February 8, 2006;
(c)
				"new access points" must be able to meet the qualifications for new access
				points described in the United States Department of Health and Human Services,
				HRSA-08-077 dated September 28, 2007;
(d) "new satellite access sites" must be able
				to meet the qualifications for new access points described in the United States
				Department of Health and Human Services, HRSA-08-077 dated September 28,
				2007;
(e) "service expansion" must
				be able to meet the qualifications for service expansion grants contained in
				the United States Department of Health and Human Services, Policy Information
				Notice (PIN) 2003-03 dated February 12, 2003; and
(f) "state grants" must also apply for FQHC
				look-alike status and/or 330 grants, where applicable.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.109 - REQUESTS FOR PROPOSALS FOR MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT GRANTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will solicit proposals and award grants whenever funding is appropriated by the
				Legislature. The Department of Administration's request for proposals (RFP)
				process will be utilized to solicit applications based on the priority among
				projects determined pursuant to ARM
				37.109.105. The opportunity to
				make a proposal for a grant will also be posted on the department's web site.
				The RFP will include the application selection criteria established pursuant to
				ARM 37.109.111.
(2) The applicant's proposal will consist of
				a brief statement of the amount of the funds requested and how the applicant
				proposes to use such funds. The proposal must disclose if it is for capital
				expenditure, expanded medical capacity, new access points, new satellite
				access, or service expansion. The applicant should also include a description
				of need, impact on access, projected number of additional patients served and
				encounters, timelines for providing services and applying for federal grant
				and/or look-alike status.
(3) In
				addition the RFP may require that the application include:
(a) its most recent application to the
				Secretary of HHS for a grant under Section 330 of the Public Health Service
				Act, if such grant application has been or will be submitted;
(b) its most recent application to the
				Secretary of HHS requesting designation as a federally qualified health center
				"look-alike" if such application has been or will be submitted;
(c) its service expansion application which
				it has submitted or will submit to the Secretary of HHS;
(d) its expanded medical capacity application
				which it has submitted or will submit to the Secretary of HHS; or
(e) its capital expenditure application which
				it will submit to the department.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.111 - CRITERIA FOR AWARDING GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Proposals
				will be evaluated by the department committee using the priorities developed by
				the advisory group pursuant to ARM
				37.109.105 and the criteria by
				category of application as located at the United States Department of Health
				and Human Services, HRSA-08-077 dated September 28, 2007; or the United States
				Department of Health and Human Services, Policy Information Notice (PIN)
				2003-03 dated February 12, 2003; or the United States Department of Health and
				Human Services, Policy Information Notice (PIN) 2006-09 dated February 8, 2006,
				or department guidelines for capital expenditure applications.
(2) The advisory group may develop additional
				criteria related specifically to Montana and its unique circumstances. Criteria
				to be considered may include, but are not limited to: high need areas, impact,
				federal funding opportunities, readiness, collaborations, and cost per client
				served.
(3) All criteria shall be
				listed in the request for proposal. If the department committee does not follow
				the recommendations of the advisory group, it must comply with the requirements
				of
				50-4-811,
				MCA.
(4) In the event that funding
				is available after the initial award process has been completed, the department
				shall have the option of making awards to the next highest rated applicant(s)
				without requiring a new RFP process.
50-4-804,
					 MCA; IMP,
					 50-4-802,
					 50-4-805,
					 50-4-806,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.113 - INITIAL SCREENING OF PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) The
				department committee will conduct an initial screening of the proposals to
				determine if the applicants have complied with the requirements set forth in
				the request for proposal. The department committee may allow an applicant to
				correct omissions or errors in its proposal that are not material. When
				exercising this option, the department committee shall notify all other
				applicants of the corrections made.
50-4-804,
					 MCA; IMP,
					 50-4-805,
					 50-4-806,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.109 - MONTANA COMMUNITY HEALTH CENTER SUPPORT ACT › Subchapter 37.109.1 - Montana Community Health Centers › Rule 37.109.115 - REVIEW OF PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) An objective
				grant review process will be performed by the department committee consistent
				with the criteria stated in ARM
				37.109.111.
(2) The advisory group will have an
				opportunity to define its role in the evaluation process in accordance with
				Montana Department of Administration requirements regarding requests for
				proposals.
50-4-804,
					 MCA; IMP,
					 50-4-805,
					 50-4-806,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.201 - INTRODUCTION

Current through Register Vol. 13, July 5, 2024
(1) This is a subchapter regulating food
				service establishments that serve prepared food and drink to the public, as
				provided in Title 50, chapter 50, MCA.
(2) This subchapter defines food, potentially
				hazardous food, food service establishment, mobile food service, semipermanent
				food service establishment, temporary food service establishment, regulatory
				authority, utensils, equipment, etc.; provides for the sale of only sound,
				safe, properly labeled food; regulates the sources of food; establishes
				sanitation standards for food, food protection, food service operations, food
				service personnel, food service and utensils, sanitary facilities and controls,
				and other facilities; requires licenses for the operation of food service
				establishments; regulates the inspection of such establishments; provides for
				the examination and condemnation of food; provides for enforcement of this
				subchapter, and the fixing of penalties.
(3) All food service establishments must
				comply with all appropriate building construction standards as set forth by
				50-60-101,
				MCA and all applicable administrative rules as adopted by the department of
				commerce in ARM Title 8.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.202 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter shall be liberally
				construed and applied to promote its underlying purpose which is to prevent and
				eliminate conditions and practices which endanger public health.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.203 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter:
(1) "Adulterated" means a food:
(a) that bears or contains any poisonous or
				deleterious substance in a quantity which may render it injurious to
				health;
(b) that bears or contains
				any added poisonous or deleterious substance for which no safe tolerance has
				been established by laws or rules or in excess of such tolerance if one has
				been established;
(c) that consists
				in whole or in part of any filthy, putrid, or decomposed substance, or if it is
				otherwise unfit for human consumption;
(d) that has been processed, prepared, packed
				or held under unsanitary conditions, whereby it may have become contaminated
				with filth, or whereby it may have been rendered injurious to health;
(e) that is in whole or in part a product of
				a diseased animal, or an animal which has died otherwise than by
				slaughter;
(f) whose container is
				composed in whole or in part of any poisonous or deleterious substance which
				may render the contents injurious to health; or
(g) as otherwise determined to be
				"adulterated" under the Montana Food, Drug and Cosmetic Act,
				50-31-202,
				MCA.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.206 - FOOD STORAGE AND PROTECTION

Current through Register Vol. 13, July 5, 2024
(1) Food must
				be stored as follows to prevent potential contamination:
(a) Food must be stored in a clean, dry
				location where it is not exposed to contamination and is at least 6 inches (15
				centimeters) above the floor.
(b)
				Food in packages and working containers may be stored less than 6 inches (15
				centimeters) above the floor if it is stored on case lot handling equipment,
				such as dollies, racks, or pallets.
(c) Pressurized beverage containers; food in
				waterproof containers, such as bottles or cans in cases; and milk containers in
				plastic crates may be stored on a floor that is clean and not exposed to floor
				moisture.
(d) Food may not be
				stored in toilet rooms; dressing rooms; garbage rooms; mechanical rooms; under
				sewer lines that are not shielded to intercept potential drips; under leaking
				water lines, including leaking automatic fire sprinkler heads; under lines on
				which water has condensed; under open stairwells; or under other sources of
				contamination.
(e) Food packages
				must be in good condition and protect the integrity of the contents so that the
				food is not exposed to adulteration or potential contaminants.
(f) Working containers holding food or food
				ingredients that are removed from their original packages, such as cooking
				oils, flour, herbs, potato flakes, salt, spices, and sugar, must be identified
				with the common name of the food. The labeling must be on the container or on a
				nondetachable lid. Those containers holding food that can be readily and
				unmistakably recognized, such as dry pasta, need not be identified.
(g) Packaged food may not be stored in direct
				contact with water or undrained ice if the food is subject to the entry of
				water because of the nature of its packaging, wrapping, or container or its
				positioning in the water or ice.
(h) Whole raw fruits or vegetables, cut raw
				vegetables such as celery or carrot sticks, cut potatoes, and tofu may be
				immersed in ice or water that is at a safe temperature.
(i) Raw chicken and raw fish that are
				received immersed in ice in shipping containers may remain in that condition
				while in storage awaiting preparation, display, service, or sale.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.207 - FOOD PREPARATION

Current through Register Vol. 13, July 5, 2024
(1) Sinks used for
				the preparation of foods:
(a) must be cleaned
				and sanitized as required by ARM
				37.110.215 immediately before
				beginning the preparation of the food; and
(b) may not be used for hand washing or waste
				water disposal.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.208 - FOOD DISPLAY AND SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Cold
				potentially hazardous food must be kept at an internal temperature of 41 °
				F (5 ° C), or as specified in ARM
				37.110.203(61),
				or below, and hot potentially hazardous food must be kept at an internal
				temperature of 135 ° F (57.2 ° C) or above during display and service,
				except that rare roast beef shall be held for service at a temperature of at
				least 130 ° F (55 ° C).
(2)
				Ice for consumer use must be dispensed only by food employees with scoops,
				tongs, or other ice-self-dispensing utensils or through automatic self service
				ice-dispensing equipment. Ice-dispensing utensils must be stored on a clean
				surface or in the ice with the dispensing utensil's handle extended out of the
				ice. Between uses, ice transfer receptacles must be stored in a way that
				protects them from contamination. Ice storage bins shall be drained through an
				air gap. Liquid water drain lines may not pass through an ice machine or ice
				storage bin unless the tubes are properly shielded or separated from the
				potable ice.
(3) Food must be
				protected from contamination by equipment, utensils, and wiping cloths by:
(a) preventing contact with wiping cloths
				that do not meet the requirements in ARM
				37.110.215(6) through
				(8);
(b) preventing contact with surfaces of
				utensils and equipment that are not cleaned and sanitized;
(c) ensuring utensils are stored properly
				during pauses in food preparation or dispensing, as follows:
(i) except as specified in (3) (b), in the
				food with their handles above the top of the food and the container;
(ii) in food that is not potentially
				hazardous with their handles above the top of the food in containers or
				equipment that can be closed, such as bins of sugar, flour, or
				cinnamon;
(iii) in running water of
				sufficient velocity to flush particulates to the drain, if the utensils are
				used with moist food such as ice cream or mashed potatoes;
(iv) in a clean, protected location if the
				utensils, such as ice scoops, are used only with a food that is not potentially
				hazardous; or
(v) cleaning,
				sanitizing, and air drying between uses.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.209 - FOOD TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) During
				transportation, food and food utensils must be kept in covered containers or
				completely wrapped or packaged so as to be protected from contamination. Foods
				in original individual packages do not need to be overwrapped or covered if the
				original package has not been torn or broken. During transportation, including
				transportation to another location for service or catering operations, food
				must meet the requirements of this subchapter relating to food protection and
				food storage.
50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.210 - FOOD EMPLOYEES

Current through Register Vol. 13, July 5, 2024
(1) No person,
				while infected with a disease in a communicable form that can be transmitted by
				foods or who is a carrier of organisms that cause such a disease or while
				afflicted with a boil, an infected wound, diarrheal illness or acute
				gastrointestinal illness or an acute respiratory infection, shall work in a
				food service establishment in any capacity in which there is likelihood of such
				person contaminating food or food contact surfaces with pathogenic organisms or
				transmitting disease to other persons. Food employees experiencing persistent
				sneezing, coughing or runny nose that causes discharges from the eyes, nose or
				mouth may not work with exposed food; clean equipment, utensils, and linens; or
				unwrapped single-service or single-use articles.
(2) Food employees and other authorized
				persons shall maintain a high degree of personal cleanliness and shall conform
				to good hygienic practices during all working periods in the food service
				establishment.
(3) Food employees
				shall clean their hands in a hand washing facility that conforms to the
				requirements in ARM
				37.110.221.
(4) Food employees shall thoroughly wash
				their hands and the exposed portions of their arms with soap and warm running
				water after any of the following activities:
(a) immediately before engaging in food
				preparation, including working with exposed food, clean equipment and utensils
				and unwrapped single-service and single-use articles;
(b) during food preparation, as often as
				necessary to remove soil and contamination and to prevent cross contamination
				when changing tasks;
(c) when
				switching between working with raw foods and working with ready-to-eat
				foods;
(d) after handling soiled
				equipment or utensils;
(e) after
				coughing, sneezing, using a handkerchief or disposable tissue;
(f) after using the toilet room;
(g) after eating, drinking or using
				tobacco;
(h) after touching bare
				human body parts other than clean hands and clean, exposed portions of
				arms;
(i) after caring for or
				handling support animals; or
(j)
				after engaging in other activities that contaminate the hands.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.212 - MATERIALS FOR EQUIPMENT AND UTENSILS

Current through Register Vol. 13, July 5, 2024
(1)
				Equipment and utensils must be designed and constructed to be durable and to
				retain their characteristic qualities under normal use conditions.
(2) Cast iron may not be used for utensils or
				food contact surfaces of equipment except as a surface for cooking. However,
				cast iron may be used in utensils for serving food if the utensils are used
				only as part of an uninterrupted process from cooking through
				service.
(3) If solder is used, it
				must be composed of safe materials and be corrosion resistant. Solder and flux
				containing lead in excess of 0.2% may not be used on surfaces that contact
				food.
(4) Use of wood is limited as
				follows:
(a) Except as specified in (4) (b)
				through (e) of this rule, wood and wood wicker may not be used as a food
				contact surface.
(b) Hard maple or
				an equivalently hard, close-grained wood may be used for:
(i) cutting boards; cutting blocks; bakers'
				tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and
				non-single-service chopsticks; and
(ii) wooden paddles used in confectionery
				operations for pressure scraping kettles when manually preparing confections at
				a temperature of 230 ° F (110 ° C) or above.
(c) Whole uncut, raw fruits and vegetables,
				and nuts in the shell may be kept in the wood shipping containers in which they
				were received, until the fruits, vegetables, or nuts are used.
(d) If the nature of the food requires
				removal of rinds, peels, husks, or shells before consumption, the whole, uncut,
				raw food may be kept in:
(i) untreated wood
				containers; or
(ii) treated wood
				containers if the containers are treated with a preservative that meets the
				requirements specified in
				21 CFR
				178.3800.
(e) Wood may be used for single-service
				articles, such as chopsticks, stirrers and ice cream spoons.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.213 - EQUIPMENT AND UTENSIL DESIGN AND FABRICATION

Current through Register Vol. 13, July 5, 2024
(1) All equipment and utensils, including
				plastic-ware, must be designed and fabricated for durability under conditions
				of normal use and shall be resistant to denting, buckling, pitting, chipping,
				and crazing.
(2) Food contact
				surfaces must be easily cleanable, smooth, and free of breaks, open seams,
				cracks, chips, pits, and similar imperfections, and free of difficult-to-clean
				internal corners and crevices. Cast iron may be used as a food contact surface
				only if the surface is heated, such as in grills, griddle tops, and skillets.
				Threads must be designed to facilitate cleaning; ordinary "v" type threads are
				prohibited in food contact surfaces, except that in equipment such as ice
				makers or hot oil cooking equipment and hot oil filtering systems, such threads
				must be minimized.
(3) Equipment
				containing bearings and gears requiring unsafe lubricants must be designed and
				constructed so that the lubricant cannot leak, drip, or be forced into food or
				onto food contact surfaces. Only food-safe lubricants must be used on equipment
				designed to receive lubrication of bearings and gears on or within food contact
				surfaces.
(4) Tubing and cold
				plates conveying beverages or beverage ingredients to dispensing heads may be
				in contact with stored ice provided such tubing is fabricated from safe
				materials, is grommeted at entry and exit points to preclude moisture
				(condensation) from entering the ice machine or the ice storage bin, and is
				kept clean. Drainage or drainage tubes from dispensing units must not pass
				through the ice machine or the ice storage bin unless the tubes are properly
				shielded or separated from the potable ice.
(5) Sinks and drainboards must be
				self-draining.
(6) Unless designed
				for in-place cleaning, food contact surfaces must be accessible for cleaning
				and inspection:
(a) without being
				disassembled;
(b) by disassembling
				without the use of tools; or
(c) by
				easy disassembling with the use of only simple tools such as a mallet, a
				screwdriver, or an open-end wrench kept available near the equipment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.214 - EQUIPMENT INSTALLATION AND LOCATION

Current through Register Vol. 13, July 5, 2024
(1)
				General equipment, including ice makers and ice storage equipment, may not be
				located under exposed or unprotected sewer lines or water lines, open
				stairwells, or other sources of contamination. This requirement does not apply
				to automatic fire protection sprinkler heads.
(2) Equipment that is placed on tables or
				counters, unless easily movable, must be sealed to the table or counter or
				elevated on legs to provide at least a 4-inch clearance between the table or
				counter and equipment and shall be installed to facilitate the cleaning of the
				equipment and adjacent areas.
(3)
				Equipment is easily movable within the meaning of (2) of this rule if:
(a) it is small and light enough to be moved
				easily by one person; and
(b) it
				has no utility connection, or has a utility connection that disconnects
				quickly, or has a flexible utility connection line of sufficient length to
				permit the equipment to be moved for easy cleaning.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.216 - EQUIPMENT AND UTENSIL STORAGE

Current through Register Vol. 13, July 5, 2024
(1) Cleaned and
				sanitized equipment and utensils must be handled in a way that protects them
				from contamination. Spoons, knives, and forks must be touched only by their
				handles. Cups, glasses, bowls, plates and similar items must be handled without
				contact with inside surfaces or surfaces that contact the user's
				mouth.
(2) Cleaned and sanitized
				utensils and equipment must be stored at least 6 inches above the floor in a
				clean, dry location in a way that protects them from contamination by splash,
				dust, and other contaminants. The food contact surfaces of fixed equipment must
				also be protected from contamination. Equipment and utensils may not be placed
				under exposed sewer lines or water lines, except for automatic fire protection
				sprinkler heads that may be required by law.
(3) Utensils must be air dried before being
				stored or must be stored in a self-draining position.
(4) Glasses and cups must be stored inverted.
				Other stored utensils must be covered or inverted, wherever practical.
				Facilities for the storage of knives, forks, and spoons must be designed and
				used to present the handle to the food employee or consumer. Unless tableware
				is prewrapped, holders for knives, forks, and spoons at self-service locations
				must protect these articles from contamination and present the handle of the
				utensil to the consumer.
(5)
				Single-service articles must be stored at least 6 inches above the floor in
				closed cartons or containers which protect them from contamination and may not
				be placed under exposed sewer lines or water lines, except for automatic fire
				protection sprinkler heads.
(6)
				Single-service articles must be handled and dispensed in a manner that prevents
				contamination of surfaces which may come in contact with food or with the mouth
				of the user.
(7) Single-service
				knives, forks, and spoons packaged in bulk must be inserted into holders or be
				wrapped by an employee who has washed his hands immediately prior to sorting or
				wrapping the utensils. Unless single-service knives, forks and spoons are
				prewrapped or prepackaged, holders must be provided to protect these items from
				contamination and present the handle of the utensil to the consumer.
(8) The storage of food equipment, utensils
				or single-service articles in toilet rooms or vestibules is
				prohibited.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.217 - WATER SUPPLY

Current through Register Vol. 13, July 5, 2024
(1) Enough potable
				water for the needs of the food service establishment must be provided from a
				source constructed and operated in accordance with Title 75, chapter 6, MCA,
				and ARM Title 17, chapter 38, subchapters 1 and 2, applicable to public water
				and wastewater systems.
(2) All
				potable water not provided directly by pipe to the food service establishment
				from the source must be transported in a bulk water transport system in
				accordance with ARM Title 17, chapter 38, subchapter 5, Water Hauled for
				Cisterns.
(3) Bottled and packaged
				potable water must be obtained from a source that complies with (1) above and
				must be handled and stored in a way that protects it from contamination.
				Bottled and packaged potable water must be dispensed from the original
				container.
(4) Water under pressure
				at the required temperatures must be provided to all fixtures and equipment
				that use water.
(5) Steam used in
				contact with food or food contact surfaces must be free from any unsafe
				materials or additives.
(6) A
				reservoir that is used to supply water to a device such as a produce mister
				must be:
(a) maintained in accordance with
				manufacturer's specifications; and
(b) cleaned in accordance with manufacturer's
				specifications or according to the following procedures, whichever is more
				stringent:
(i) cleaning at least once a week
				by:
(A) draining and complete disassembly of
				the water and aerosol contact parts;
(B) brush-cleaning the reservoir, aerosol
				tubing, and discharge nozzles with a suitable detergent solution;
(C) flushing the complete system with water
				to remove the detergent solution and particulate accumulation; and
(D) rinsing by immersing, spraying, or
				swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50
				mg/L hypochlorite solution.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.218 - SEWAGE

Current through Register Vol. 13, July 5, 2024
(1) All sewage, including liquid waste, must
				be disposed of by a public sewerage system or by a sewage treatment and
				disposal system constructed and operated in accordance with Title 75, chapter
				6, MCA, and ARM Title 17, chapter 38, subchapter 1, plans for public water and
				wastewater systems. Non-water-carried sewage disposal facilities are
				prohibited, except as permitted by ARM
				37.110.236(10) 
				pertaining to temporary food service establishments or as permitted by the
				regulatory authority in remote areas or because of special
				situations.
(2) The department
				hereby adopts and incorporates by reference ARM Title 17, chapter 38,
				subchapter 1 which is a set of Montana department of environmental quality
				rules setting forth plan review requirements for public water and wastewater
				systems. A copy of ARM Title 17, chapter 38, subchapter 1 may be obtained from
				the Department of Public Health and Human Services, Health Policy and Services
				Division, Food and Consumer Safety Section, P.O. Box 202951, Helena, MT
				59620-2951.
(3) Food service
				establishments with existing sewage systems that will not be changed or be
				modified in their uses may not be subject to some or all of the provisions of
				Title 75, chapter 6, MCA and ARM Title 17, chapter 38. These systems comply
				with the applicable state and local laws and approval conditions that were in
				place at the time of the systems' approval. The Montana department of
				environmental quality may have other laws and regulations that apply.
				Information or any of the requirements of this rule may be obtained from the
				Montana Department of Environmental Quality, P.O. Box 200901, Helena, MT
				59620-0901.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.219 - PLUMBING

Current through Register Vol. 13, July 5, 2024
(1) Plumbing must be installed and maintained
				in a manner which prevents cross-connections between the potable water supply
				and any non-potable or questionable water supply nor any source of pollution
				through which the potable water supply might become contaminated.
(2) A non-potable water system is permitted
				only for purposes such as air conditioning and fire protection and only if the
				system is installed according to law and the non-potable water does not
				contact, directly or indirectly, food, potable water, equipment that contacts
				food, or utensils. The piping of any non-potable water system must be durably
				identified so that it is readily distinguishable from piping that carries
				potable water.
(3) The potable
				water system must be installed to preclude the possibility of backflow. Devices
				must be installed to protect against backflow and back siphonage at all
				fixtures and equipment where an air gap at least twice the diameter of the
				water supply inlet is not provided between the water supply inlet and the
				fixture's flood level rim. A hose may not be attached to a faucet unless a
				backflow prevention device is installed.
(4) If used, grease traps must be located to
				be easily accessible for cleaning.
(5) If used, garbage disposals must be
				installed to preclude potential cross-connections between sewer and potable
				water systems. Garbage disposals must be maintained in a clean and sanitary
				manner at all times.
(6) There may
				not be a direct connection between the sewerage system and any drains
				originating from equipment in which food, portable equipment, or utensils are
				placed.
Sec.
					 50-50-103,
					 MCA; IMP, Sec.
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.220 - TOILET FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 50-50-103,
					 MCA; IMP,
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.221 - HAND WASHING FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
50-50-103,
					 MCA; IMP,
					 50-50-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.110 - FOOD AND DRUG STANDARDS › Subchapter 37.110.2 - Retail Food Establishments › Rule 37.110.223 - INSECT AND RODENT CONTROL

Current through Register Vol. 13, July 5, 2024
(1) Effective
				measures intended to minimize the presence of rodents, flies, cockroaches, and
				other insects on the premises must be utilized. The premises must be kept in
				such condition as to prevent the harborage or feeding of insects or
				rodents.
(2) Devices that are used
				to electrocute flying insects must be designed to have escape-resistant trays.
				Devices that are used to electrocute flying insects and that may impel insects
				or insect fragments or to trap insects by adherence must be installed so that:
(a) the devices are not located within 5 feet
				of a food preparation area; and
(b)
				dead insects and insect fragments are prevented from being impelled onto or
				falling on exposed food, clean equipment, utensils, and lines, and unwrapped
				single-service and single-use articles.