reglab/statecodes huggingface dataset:
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 37.99.175 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: MONEY AND ADOLESCENT TRAINING AND EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) Money earned or
				received as a gift or allowance must be part of the program participant's
				personal property and accounted for separately from the program
				funds.
(2) If the program is partly
				supported by institutional production on a commercial basis, the program must
				comply with state and federal child labor and minimum wage laws.
(3) For program participants aged 16 and
				older, a program may assist in:
(a) preparing
				the program participant for economic independence;
(b) referring the program participant to the
				appropriate independent living program if applicable; and
(c) obtaining skills necessary for employment
				as determined to be appropriate to meet the individual's needs. Such skills
				include:
(i) completing
				applications;
(ii) personal
				appearances for employment situations;
(iii) attitudes toward employment;
				and
(iv) interviewing for
				jobs.
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 37.99.176 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: 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 staff. However, when
				available, the program must provide the program participant access to community
				recreation and cultural events when appropriate to the program participant's
				needs, interests, and abilities.
(2) Program participants must have the
				opportunity to participate in age appropriate recreational activities on a
				regular basis.
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
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 37.99.181 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: INFECTION CONTROL

Current through Register Vol. 13, July 5, 2024
(1) A program must develop and implement an
				infection prevention and control program. At a minimum the program must
				develop, implement, and review, at least annually, written policy and
				procedures regarding infection prevention and control which must include
				procedures to identify high risk individuals and what methods are used to
				protect, contain, or minimize the risk to program participants and
				staff.
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
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 37.99.182 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: RELIGION AND CULTURE

Current through Register Vol. 13, July 5, 2024
(1) The program
				must have written policies and procedures on how the program participant's
				individual religious and cultural beliefs will be addressed.
(2) The program must provide program
				participants with a reasonable opportunity to practice their respective
				religions. Program participants must be permitted to have reasonable access to
				religious materials of their choice. If reasonable access is denied, the
				program must have documentation of the specific reasons for the denial.
(3) The program must document its
				efforts in providing opportunity and encouragement to each program participant
				to identify with their cultural heritage.
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
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 37.99.183 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS: TRANSPORTATION

Current through Register Vol. 13, July 5, 2024
(1) All staff transporting program
				participants must possess a valid driver's license for the type of vehicle used
				in transporting the program participants.
(2) Any person transporting program
				participants must comply with applicable traffic laws while
				transporting.
(3) All vehicles used
				in transporting program participants must:
(a) have proper Montana
				registration;
(b) have insurance
				coverage;
(c) be maintained in a
				safe condition;
(d) be equipped
				with a red triangle reflector device for use in an emergency; and
(e) be equipped with a first aid
				kit.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.201 - PRIVATE OUTDOOR PROGRAMS: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Administrative office" means the office where business operations, public
				relations, and management procedures take place.
(2) "Expedition" means an excursion
				undertaken for specific treatment purposes that takes the program participant
				away from the field office.
(3)
				"Expedition camp" means a nonpermanent campsite. Program participants and staff
				may move from one expedition camp to another when on expedition.
(4) "Field office" means the office where all
				coordination of expedition operations takes place.
(5) "Global position system (GPS) receiver"
				means a receiver which receives signals from a network of satellites known as
				the global positioning system, or GPS, which identifies the receiver's location
				by:
(a) latitude;
(b) longitude; and
(c) altitude to within a few hundred
				feet.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.202 - PRIVATE OUTDOOR PROGRAMS: APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) In addition to requirements established
				in this subchapter a private outdoor program must meet the requirements for all
				private alternative adolescent residential programs established in subchapter
				[37.99.101 through 37.99.183 ].
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 37.99.2 - Private Outdoor Programs › Rule 37.99.206 - PRIVATE OUTDOOR PROGRAMS: PHYSICAL EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) All physical examinations must be
				completed by an appropriate licensed health care professional.
(2) A program participant must have a
				physical examination:
(a) within 30 days
				prior to admission into the program;
(b) at least annually after entering the
				program; and
(c) at any time when
				circumstances indicate that an updated examination would be
				appropriate.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.208 - PRIVATE OUTDOOR PROGRAMS: FIELD DIRECTOR REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each program expedition must include a
				field director responsible for:
(a) the
				quality of the field activities;
(b) coordinating field operations;
(c) supervising direct care staff;
(d) managing the field office; and
(e) ensuring compliance with applicable
				licensing rules.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.209 - PRIVATE OUTDOOR PROGRAMS: ADDITIONAL STAFF TRAINING

Current through Register Vol. 13, July 5, 2024
(1) In addition to training requirements in
				[37.99.153 ], staff orientation training must include:
(a) supervision of program
				participants;
(b) procurement,
				preparation, and conservation of water, food, and shelter;
(c) instruction in safety procedures and
				safety equipment, use of fuel, fire, and life protection;
(d) instruction in emergency procedures,
				medical, weather signalization fire, runaway and lost program
				participant;
(e) sanitation
				procedures relating to food, water, and waste;
(f) knowledge of wilderness medicine,
				including health issues related to acclimation and exposure to the
				environmental elements;
(g) local
				environmental precautions including terrain, weather upsets, poisonous plants,
				wildlife, and proper response to adversarial situations;
(h) high adventure activities; and
(i) avoiding potential hazards of expedition
				areas.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.210 - PRIVATE OUTDOOR PROGRAMS: RESIDENTIAL OUTDOOR PROGRAM PARTICIPANT-TO-STAFF RATIO

Current through Register Vol. 13, July 5, 2024
(1) A residential
				outdoor program must maintain the following program participant to awake staff
				ratios:
(a) from 7:00 a.m. to 11:00 p.m.,
				eight program participants to one staff; and
(b) from 11:00 p.m. to 7:00 p.m., or any
				other reasonable eight-hour period of time when program participants are
				generally sleeping, 16 program participants to one staff; and
(c) programs must have at least one awake
				night staff in each building housing program participants regardless of the
				number of participants.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.211 - PRIVATE OUTDOOR PROGRAMS: EXPEDITION AND HIGH ADVENTURE ACTIVITY PROGRAM PARTICIPANT-TO-STAFF RATIO

Current through Register Vol. 13, July 5, 2024
(1) Each expedition
				group of program participants must have the following:
(a) two staff members for the first four
				program participants and one additional staff member for each four program
				participants;
(b) each group must
				have at least one staff member of the same gender as the genders represented in
				the program participant group; and
(c) each group must include one field
				director.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.212 - PRIVATE OUTDOOR PROGRAMS: 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) adventure challenge
				courses;
(d) climbing and
				rappelling;
(e)
				spelunking;
(f) white water
				activities;
(g) use of horses or
				other animals for riding or packing;
(h) skiing; or
(i) other activities defined in program
				policy as a high adventure activity.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.213 - PRIVATE OUTDOOR PROGRAMS: EXPEDITION: FIELD OFFICE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A program must have a field office in
				Montana. A field office may be a vehicle, a camp, a building, the residential
				program, or the administrative office.
(2) The field office must be staffed and
				monitored 24 hours a day when there are program participants on expeditions or
				have staff continually monitoring communications and available by satellite
				phone within 15 minutes of the field office.
(3) Field office staff must respond
				immediately to any emergency situation.
(4) The following items must be maintained at
				the field office:
(a) a current list of the
				names of staff and program participants in each group;
(b) a master map of all activity areas used
				by a program;
(c) each group's
				expeditionary route with its schedule and itinerary, copies of which must be
				sent to the department and local law enforcement when requested;
(d) current logs of all communications with
				each expedition group away from the field office;
(e) program participant's emergency
				information required in [37.99.138 ];
(f) physical examination completed as part of
				program admission process and any subsequent physical exams;
(g) medical treatment
				authorization;
(h) list of current
				medications taken by the program participant;
(i) identifying marks of the program
				participants such as scars, tattoos, and piercings;
(j) health insurance information;
(k) list of contact persons in case of
				emergencies; and
(l) a copy of the
				program participant's case plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.214 - PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM EXPEDITION STAFF

Current through Register Vol. 13, July 5, 2024
(1) During any expedition:
(a) expedition staff must carry a copy of the
				itinerary placed on file at the field office;
(b) expedition staff must 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 must possess a global
				positioning satellite receiver;
(d)
				supplies for providing emergency care must be at each expedition
				camp;
(e) expedition staff must
				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 part of the program's permanent record;
(f) expedition staff and program participants
				must implement and follow program policies and procedures regarding back
				country etiquette and leave no trace principles;
(g) expedition staff must closely monitor
				program participants while acclimating to the environment including
				temperature, climate, and altitude; and
(h) when temperatures exceed 95°F or fall
				below 10°F, expedition staff must take appropriate preventative measures to
				ensure program participants remain free of heat or cold related illness or
				injuries.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.215 - PRIVATE OUTDOOR PROGRAMS: COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				program must 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) a global positioning
				system; and
(c) the program must
				develop a signal mirror communication system.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.216 - PRIVATE OUTDOOR PROGRAMS: EXPEDITION: NUTRITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A program must have and follow written
				policies and procedures on nutritional requirements.
(2) Each program must have a written menu
				that is approved by a qualified dietitian or nutritionist with knowledge of the
				program activities and levels.
(3)
				Foods must be served in amounts and a variety sufficient to meet the
				nutritional needs of each resident.
(4) Hands must be cleaned after each latrine
				use and prior to food preparation and food consumption.
(5) Food may not be withheld from a program
				participant for any reason.
(6) If
				no fire is available for cooking food, other food of equal caloric value which
				does not require cooking must be available.
(7) Field staff are responsible monitoring
				each program participant's food intake to ensure that the program participants
				have adequate nutrition.
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
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.217 - PRIVATE OUTDOOR PROGRAMS: EXPEDITION: WATER REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A program must have written policies and
				procedures on expedition water requirements to include:
(a) program participants must have access to
				potable water at all times;
(b)
				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;
(c) expedition
				groups may not depend on aerial drops for water supply. Aerial water drops must
				be used for emergency situations only; and
(d) water taken by staff or program
				participants from a natural source and used for drinking or cooking must be
				treated to eliminate health hazards.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.218 - PRIVATE OUTDOOR PROGRAMS: 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:
(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°F or higher;
(g) shelter from precipitation, appropriate
				sleeping bag and ground pad when the average nighttime temperature is expected
				to be 39°F or lower;
(h)
				clothing appropriate for the temperature changes generally expected for the
				area;
(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; and
(j) a handbook for staff and program
				participants describing expedition requirements and expectations.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.99 - PRIVATE ALTERNATIVE ADOLESCENT RESIDENTIAL PROGRAMS OR OUTDOOR PROGRAMS (PAARP) › Subchapter 37.99.2 - Private Outdoor Programs › Rule 37.99.219 - PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM SOLO EXPERIENCE

Current through Register Vol. 13, July 5, 2024
(1) If an outdoor program uses a solo
				experience as part of the therapeutic or educational process during
				expeditions, the program must have written policy and procedures for the
				utilization of the solo experience. Policy and procedures must include:
(a) purpose of solo experience;
(b) a solo experience must never be used as a
				punishment or negative consequence;
(c) supervision of program
				participant;
(d) assessment of
				program participant readiness for the experience; assessment must be documented
				in the daily expedition log book;
(e) documented instructions on the solo
				experience, including expectations, restrictions, communication, environment,
				and emergency procedures;
(f)
				notification and check-in systems including a procedure for checking the
				program participant's emotional and physical condition daily;
(g) risk management procedures; and
(h) a staff member be designated to
				coordinate and implement the plan.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.101 - ADULT FOSTER CARE HOMES (AFCH): PURPOSE

Current through Register Vol. 13, July 5, 2024
(1)
				The purpose of these rules in this subchapter is to establish licensing
				requirements for adult foster care homes (AFCH).
(2) The purpose of an AFCH is to offer in a
				home-like safe environment, light personal care, custodial care, and
				supervision to aged or disabled adults who require assistance in meeting their
				basic needs. Residents' needs are to be addressed in a manner that supports and
				enables residents to maximize their ability to function at the highest level of
				independence possible.
(3) An AFCH
				is limited to light personal care, custodial care, and supervision and does not
				provide skilled nursing care except as provided for in ARM
				37.100.136.
(4) The licensing requirements for operating
				an AFCH do not apply to persons in a mutual or shared living
				arrangement.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-101,
					 50-5-103,
					 50-5-215,
					 50-5-216,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.105 - PROCEDURES FOR OBTAINING SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-5-304,
					 MCA; IMP,
					 53-5-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.110 - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
53-5-304,
					 MCA; IMP,
					 53-5-303,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.119 - ADULT FOSTER CARE HOMES (AFCH): APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) To the extent that other licensure rules
				in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of this
				subchapter, the terms of this subchapter apply to an AFCH.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-215,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.120 - ADULT FOSTER CARE HOMES (AFCH): LICENSE REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Every AFCH must be licensed by the
				department.
(2) Any person, group,
				or corporation that establishes or operates an AFCH without a license from the
				department is in violation of law and subject to prosecution.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-111,
					 50-5-112,
					 50-5-113,
					 50-5-201,
					 50-5-215,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.121 - ADULT FOSTER CARE HOMES (AFCH): LICENSES

Current through Register Vol. 13, July 5, 2024
(1)
				The department may issue a license for a period of one to three years in
				duration for an AFCH, under ARM
				37.100.121, to any license
				applicant meeting all of the requirements established by these rules and the
				governing statutes.
(2) The
				department will determine whether an applicant meets the requirements after
				conducting a licensing survey.
(3)
				The department will renew the license on the expiration date of the current
				license if:
(a) the provider makes written
				application for renewal at least 30 days prior to the expiration date of the
				current license; and
(b) the
				provider continues to meet all requirements established by these rules, as
				determined by the department after a licensing survey.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.122 - ADULT FOSTER CARE HOMES (AFCH): LICENSE RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) A license is not subject to sale,
				assignment, or other transfer, voluntary or involuntary.
(2) A license is valid only for the premises
				and person covered under ARM
				37.100.136, for which the original
				license was issued.
(3) The license
				remains the property of the department and should be returned to the department
				upon closing or transfer of ownership.
(4) The address for returning the license is
				Department of Public Health and Human Services, Quality Assurance Division,
				Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT
				59620-2953.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-201,
					 50-5-215,
					 50-5-216,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.125 - ADULT FOSTER CARE HOMES (AFCH): LICENSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) An applicant must apply for an AFCH
				license prior to the operation of such home or prior to the expiration of a
				current license.
(2) Application
				for a license upon forms provided by the department and accompanied by the
				required fee must be made to the Department of Public Health and Human
				Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive,
				P.O. Box 202953, Helena, MT 59602-2953.
(3) Upon receipt of an application for
				license or renewal of license, the department will conduct a licensing survey
				to determine if the home and applicant meet all licensing requirements for
				licensure as established by these rules. Within 45 days of receipt of a
				complete application the department will make a final determination of whether
				the home will be licensed.
(4) If
				the department determines that an application or accompanying information is
				incomplete or erroneous, the department will notify the applicant of the
				specific deficiencies or errors. The department will not issue a license until
				it receives all required information.
(5) Upon completion of the licensing survey,
				the department will notify the applicant or provider, in writing, whether they
				have met the licensing requirements. If the facility has any deficiencies that
				need to be corrected, the applicant or provider must submit an acceptable plan
				of correction within ten business days.
(6) Each applicant or provider must report to
				the department any changes which would affect the current accuracy of
				information provided on the application prior to the effective date of the
				change.
(7) If an initial
				application is denied, an applicant who does not meet the standards set forth
				in these rules can reapply when those standards are met.
(8) A provider must report a change of
				address to the department at least three weeks prior to moving. The department
				will then evaluate whether the new residence meets the licensing requirements
				before the provider may operate an AFCH in the new residence.
50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-203,
					 50-5-215,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.130 - ADULT FOSTER CARE HOMES (AFCH): LICENSE DENIAL, REVOCATION, OR SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) The department may deny, revoke, or
				suspend an AFCH license by written notification to the provider for any of the
				following reasons:
(a) the provider is not in
				compliance with licensing requirements established by this
				subchapter;
(b) the provider has
				made misrepresentations to the department, either negligent or
				intentional;
(c) the provider,
				staff, or other persons in the home have been named as a perpetrator in a
				substantiated report of abuse, neglect, or exploitation of a child or
				adult;
(d) the provider, staff, or
				other persons in the home pose a risk or threat to the safety or welfare of any
				resident of the home;
(e) any AFCH
				resident requires physical restraint;
(f) any AFCH resident will need to be carried
				from the home during any emergency that requires evacuation unless under the
				direct care of a hospice provider; or
(g) any AFCH resident is totally incontinent
				or is incontinent and unable to manage their incontinence with more than
				minimal supervision.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.135 - ADULT FOSTER CARE HOMES (AFCH): FAIR HEARING

Current through Register Vol. 13, July 5, 2024
(1) Any person aggrieved by an adverse
				department action denying, revoking or suspending a license may request a fair
				hearing in accordance with ARM
				37.5.304,
				37.5.305,
				37.5.307,
				37.5.310,
				37.5.311,
				37.5.313,
				37.5.318,
				37.5.322,
				37.5.325,
				37.5.328,
				37.5.331,
				37.5.334, and
				37.5.337.
(2) The provider will cease operation of the
				AFCH pending the fair hearing in those instances where the revocation or
				suspension of the license is based upon actions that the department has
				determined places any resident in imminent risk of harm or injury.
2-4-201,
					 50-1-202,
					 50-5-103,
					 50-5-215,
					 MCA; IMP,
					 50-5-103,
					 50-5-208,
					 50-5-215,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.136 - ADULT FOSTER CARE HOMES (AFCH): LIMITATIONS ON CARE PROVIDED

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in this rule and
				pursuant to
				50-5-216,
				MCA, the types of care offered by Adult Foster Care Homes (AFCH) are limited to
				light personal care, custodial care, and supervision. An adult in the care of
				an AFCH must not be:
(a) in need of skilled
				nursing care;
(b) in need of
				medical, physical, or chemical restraint;
(c) nonambulatory or bedridden;
(d) incontinent to the extent that bowel or
				bladder control is absent; or
(e)
				unable to self-administer medications.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.137 - ADULT FOSTER CARE HOMES (AFCH): RESIDENT RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) The facility must comply with the Montana
				Long-Term Care Residents' Bill of Rights, found at
				50-5-1101
				through
				50-5-1107,
				MCA. This includes the posting of the facility's statement of resident rights
				in a conspicuous place. Prior to or upon admission of a resident, the AFCH must
				explain and provide the resident with a copy of the Montana Long-Term Care
				Residents' Bill of Rights.
(2) The
				provider will write and adhere to a statement applicable to all residents in
				the AFCH, including as a minimum the rights listed in
				50-5-1104,
				MCA. This statement will be provided to each resident and his or her legal
				representative upon admission to the AFCH. Signed copies must be retained in
				the resident file and copies made available to the resident and resident's
				legal representative, if applicable.
(3) This written statement must include
				information that all residents have the right to:
(a) be treated as an adult with respect and
				dignity;
(b) be informed of their
				medical condition and the right to consent to or refuse treatment;
(c) receive appropriate care, services, and
				prompt medical care, as needed;
(d)
				participate in community organizations and activities;
(e) have medical and personal information
				kept confidential;
(f) a safe and
				secure environment;
(g) be free
				from discrimination in regards to race, color, national origin, sex, or
				religion;
(h) be provided the
				opportunity to voluntarily practice their own religion, attend religious
				services of their choice in the community, and to visit with representatives of
				their faith;
(i) identify with
				their cultural heritage;
(j) the
				opportunity for bathing and personal grooming, as desired;
(k) dress according to personal
				taste;
(l) write and send mail at
				their own expense without censorship and receive unopened mail;
(m) daily private access to a
				telephone;
(n) have visitors within
				reasonable visiting hours; and
(o)
				be encouraged and assisted to exercise constitutional and legal rights
				including the right to vote.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.138 - ADULT FOSTER CARE HOMES (AFCH): BACKGROUND CHECKS

Current through Register Vol. 13, July 5, 2024
(1) The provider, staff, and any adult
				residing in the home must have a state of Montana criminal background check,
				and, if applicable, a tribal criminal background check and state protective
				service background check prior to receiving an AFCH license or working at the
				AFCH.
(2) If an applicant has lived
				outside the state within the past five years, the AFCH provider must complete
				background checks in every state that the applicant has resided within the past
				five years.
(3) The department will
				deny or revoke a license upon finding that:
(a) the provider, staff member, or anyone
				residing in the AFCH has been convicted by a court of competent jurisdiction of
				a felony or misdemeanor involving homicide, sexual intercourse without consent,
				sexual assault, aggravated assault, assault on a minor, assault on an officer,
				assault with a weapon, kidnapping, aggravated kidnapping, prostitution,
				robbery, or burglary;
(b) the
				provider, staff member, or anyone residing in the home has a conviction for a
				crime pertaining to children and families, including but not limited to child
				abuse or neglect, incest, child sexual abuse, ritual abuse of a minor, felony
				partner and family member assault, child pornography, child prostitution,
				Internet crimes involving children, felony endangering the welfare of a minor,
				felony unlawful transactions with children, or aggravated interference with
				parent-child contact;
(c) the
				provider or staff member or anyone residing in the home has, within the
				previous five years, a felony conviction of a drug-related offense, including
				but not limited to use, distribution or possession of controlled substances,
				criminal possession of precursors to dangerous drugs, criminal manufacture of
				dangerous drugs, criminal possession of imitation dangerous drugs with the
				purpose to distribute, criminal possession, manufacture of or delivery of drug
				paraphernalia, or driving under the influence of alcohol or other
				drugs;
(d) the provider, staff
				member, or anyone residing in the home has been named as a perpetrator in a
				substantiated report of child abuse or neglect; or
(e) the provider, staff member, or anyone
				residing in the home has been convicted of abuse, sexual abuse, neglect, or
				exploitation of an elderly person or a person with a developmental
				disability.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.139 - DISCHARGE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The provider
				will not discharge or transfer a resident from the AFCH without prior planning,
				including:
(a) providing a written 30-day
				prior notice to the resident or resident's legal representative; and
(b) maintaining a record that includes:
(i) the date of discharge;
(ii) the reason for discharge;
(iii) the disposition of money, valuables,
				and medications held for safekeeping; and
(iv) a forwarding address of the resident or
				the resident's legal representative.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.140 - ADULT FOSTER CARE HOMES (AFCH): ENVIRONMENTAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The AFCH must be located close to
				community resources.
(a) The AFCH must be
				accessible to transportation (e.g., bus, train, or car).
(b) The AFCH must be in reasonable proximity
				to shopping areas, churches, senior centers, medical and dental clinics, and
				hospitals.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.141 - ADULT FOSTER CARE HOMES (AFCH): FIRE SAFETY

Current through Register Vol. 13, July 5, 2024
(1) A smoke detector approved by a recognized
				testing laboratory, which is properly maintained and regularly tested, must be
				located on each level of the AFCH and in all sleeping areas and common living
				areas with the exception of the kitchen and bathrooms.
(2) If individual battery-operated smoke
				detectors are used, the following maintenance is required:
(a) smoke detectors must be tested at least
				once a month to ensure that they are operating correctly;
(b) new operating batteries must be installed
				at least once each calendar year; and
(c) documentation demonstrating required
				maintenance must be kept on-site for a period of 24 months.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.145 - ADULT FOSTER CARE HOMES (AFCH): OTHER SAFETY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Rugs must be attached to the floor or
				made of nonskid material.
(2)
				Corridors must be well lighted, uncluttered, and at least three feet
				wide.
(3) Stairways and ramps must
				have sturdy banisters.
(a) Open stairways
				should be protected by gates unless gates do not enhance the safety of the
				residents.
(b) Stairs and ramps
				must be provided with nonslip tread and will be at least three feet
				wide.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.146 - ADULT FOSTER CARE HOMES (AFCH): EMERGENCY PREPAREDNESS

Current through Register Vol. 13, July 5, 2024
(1) Each AFCH must have written policy and
				procedures for emergency evacuation to be followed in the case of fire or other
				emergency. A provider and resident evacuation drill must be conducted at least
				two times annually, no closer than four months apart.
(a) All household members must participate in
				an evacuation drill.
(b) The
				provider will retain a written report including, but not limited to the date
				and time of the drill and those involved in the drill. The provider must retain
				a copy of the written report, on-site, for a period of 24 months.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.149 - ADULT FOSTER CARE HOMES (AFCH): ADDITIONAL REQUIREMENTS FOR AN AFCH LICENSED TO SERVE INDIVIDUALS WITH MENTAL ILLESS

Current through Register Vol. 13, July 5, 2024
(1) An AFCH licensed to serve individuals
				with mental illness must admit only those residents that meet the following
				admission criteria:
(a) be diagnosed with a
				severe disabling mental illness as defined in ARM
				37.86.3503;
(b) be medically stable;
(c) must not be an immediate danger to
				themselves or others; and
(d) be
				able to take medications when prompted.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.150 - ADULT FOSTER CARE HOMES (AFCH): PROGRAM

Current through Register Vol. 13, July 5, 2024
(1)
				The provider must provide light personal care, custodial care, and supervision
				for residents, including:
(a) A minimum of
				three regular, nutritious, and well-balanced meals must be served family style
				per day and a minimum of two snacks offered to residents per day.
(b) Not more than 15 hours can elapse between
				the evening and morning meal.
(c)
				All perishable foods must be stored at such temperatures as will protect
				against spoilage. Temperatures must not register over 41° F for
				refrigeration and 0° to 10° F in the freezer.
(d) Thermometers must be kept in freezer and
				refrigerator compartments.
(e) All
				foods, while being stored, prepared, or served must be protected against
				contamination and be kept safe for human consumption.
(f) Home canned foods must not be used for
				resident's meals.
(g) The provider
				must prepare meals which comply with the special dietary needs of the resident
				as prescribed by the resident's practitioner.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.151 - ADULT FOSTER CARE HOMES (AFCH): MEDICATION

Current through Register Vol. 13, July 5, 2024
(1) All residents must self-administer their
				own medications.
(2) The provider
				is responsible for providing assistance to the resident in taking his
				medications, including:
(a) removing
				medication from secured storage;
(b) providing verbal suggestions, prompting,
				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, or a medication
				organizer;
(d) opening the lid of
				the container for the resident;
(e)
				guiding the hand of the resident to self-administer the medication;
(f) holding and assisting the resident in
				drinking the fluid to assist in the swallowing of oral medications;
				and
(g) assisting with removal of a
				medication from a container for residents with a physical disability which
				prevents independence in the act.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.152 - ADULT FOSTER CARE HOMES (AFCH): ILLNESSES, ACCIDENTS, SERIOUS INCIDENTS, ABSENCES, OR DEATH

Current through Register Vol. 13, July 5, 2024
(1) In case of an
				accident or sudden illness, the provider must immediately obtain needed care
				for the resident and notify the resident's legal representative within 24
				hours.
(2) Any serious incident
				must be reported to the department's quality assurance licensing surveyor and
				the resident's legal representative within 24 hours or the next business day
				following the incident.
(3) The
				incident report must be in writing and include the following information:
(a) name of the resident involved in the
				incident;
(b) date, hour, place,
				and cause of the incident;
(c)
				description of the incident;
(d)
				effect of the incident on the resident involved and type of care
				given;
(e) name of practitioner
				notified and time of notification, if necessary;
(f) practitioner's statement regarding extent
				of injuries, treatment ordered, and disposition of resident involved;
(g) time and date guardian
				notified;
(h) time and date of
				notification of case manager, if the resident has a case manager; and
(i) corrective measures taken to avoid
				repetition of accident or incident.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.100 - LICENSURE OF COMMUNITY RESIDENCES › Subchapter 37.100.1 - Adult Foster Care Homes › Rule 37.100.153 - ADULT FOSTER CARE HOMES (AFCH): RECORDS

Current through Register Vol. 13, July 5, 2024
(1)
				The provider must submit to the department, upon its request, any reports
				required by federal or state law or regulation.
(2) The provider must maintain a record
				regarding each resident in the home which contains at least the following
				information:
(a) name, address, and telephone
				number of next of kin or legal guardian;
(b) name, address, and telephone number of
				person or agency responsible for placing the resident in the home and a copy of
				the resident agreement;
(c) date of
				admission;
(d) the name and address
				of the resident's practitioner and hospital;
(e) any incident reports regarding the
				resident;
(f) any grievance lodged
				by the resident;
(g) medication
				records as described in ARM
				37.100.151;
(h) a signed medical authorization form by
				the resident or resident's legal representative allowing the provider to obtain
				needed medical information regarding the resident;
(i) documentation of medical appointments or
				consultations and results;
(j) a
				signed copy of the resident rights statement as required in ARM
				37.100.137; and
(k) a copy of the resident's treatment plan
				or case plan, if placed through the Mental Health Foster Care Program or the
				department's Developmental Services Division.