reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.16 - Minimum Standards for a Forensic Mental Health Facility › Rule 37.106.1621 - CLIENT ADMISSION

Current through Register Vol. 13, July 5, 2024
(1) A forensic
				mental health facility (FMHF) must develop and implement a written policy
				regarding admission into the facility for the persons identified in ARM
				37.106.1602. The policy must include a screening process to identify and
				exclude from admission persons who need a hospital level of care.
AUTH:
					 50-5-103,
					 MCA; IMP:
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.16 - Minimum Standards for a Forensic Mental Health Facility › Rule 37.106.1622 - CLIENT DISCHARGE AND TRANSFER

Current through Register Vol. 13, July 5, 2024
(1) A forensic
				mental health facility (FMHF) must develop and implement a discharge and
				transfer policy for discharging a client from the FMHF to another
				facility.
(2) The policy must
				include procedures for secure transportation of clients.
(3) The facility must ensure coordinated
				transfers with other licensed health care facilities or correctional
				facilities.
AUTH:
					 50-5-103,
					 MCA; IMP:
					 50-5-103,
					 50-5-204,
					 MCA
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.16 - Minimum Standards for a Forensic Mental Health Facility › Rule 37.106.1623 - CLIENT RIGHTS AND GRIEVANCES

Current through Register Vol. 13, July 5, 2024
(1) Clients
				admitted to a forensic mental health facility (FMHF) must be afforded all of
				the rights provided for persons admitted to a mental health facility in Title
				53, chapter 21, part 1, MCA.
(2) A
				copy of these rights must be posted in each secure unit of the
				facility.
(3) These rights must
				also be explained at the time of admission to the client in terms that the
				client can understand.
(4) An FMHF
				must develop a written client grievance policy to include:
(a) procedures for the submission of client's
				written or verbal grievance to the FMHF;
(b) time frames in which the FMHF must review
				a grievance and reach a decision;
(c) a process for providing the client with
				written notice of the decision that contains:
(i) the name of the facility contact
				person;
(ii) the steps taken on
				behalf of the client to investigate the grievance;
(iii) the results of the grievance process;
				and
(iv) the date of
				completion.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.16 - Minimum Standards for a Forensic Mental Health Facility › Rule 37.106.1624 - FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) A forensic
				mental facility (FMHF) must establish and maintain standards relative to food
				sources, refrigeration, refuse handling, pest control, storage, preparation,
				procuring, serving, handling food, and dish washing procedures that are
				sufficient to prevent food spoilage and the transmission of infectious disease.
				These standards must include the following:
(a) a requirement that food must be obtained
				from sources that comply with all laws relating to food and food labeling;
(b) a prohibition of the use of
				home-canned foods;
(c) a
				requirement that food subject to spoilage is removed from its original
				container and kept sealed, labeled, and dated.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1701 - SCOPE

Current through Register Vol. 13, July 5, 2024
(1) A behavioral health inpatient facility
				(BHIF) is intended to provide secured inpatient psychiatric treatment for up to
				16 persons, 18 years of age or older, involuntarily committed or detained, or
				to persons seeking treatment voluntarily. While a BHIF is defined at
				53-21-102,
				MCA, as a mental health facility, a BHIF shall be subject to all health care
				facility/service standards found at Title 50, chapter 5, parts 1 and 2, MCA, in
				order to be licensed.
50-5-103,
					 53-21-194,
					 MCA; IMP,
					 50-5-103,
					 53-21-101,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1702 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to
				establish minimum state health care facility/service licensing standards for
				secured nonhospital based inpatient psychiatric treatment for persons who may
				also have co-occurring substance use disorders; who are involuntarily committed
				or detained; or to persons seeking behavioral health treatment voluntarily.
				While a BHIF is not a hospital, it may be collocated with a hospital.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1703 - 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 shall
				apply to a behavioral health inpatient facility.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1704 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, the following
				  definitions apply:
(1) "Administrator"
				means the person designated on the facility application or by written notice to
				the department as the person responsible for the daily operation of the
				facility and for the daily inpatient treatment provided in the
				facility.
(2) "Assessment" means an
				active process that utilizes a multidisciplinary team throughout the care and
				treatment of an individual.
(3)
				"BHIF" means behavioral health inpatient facility as defined at
				53-21-102,
				MCA.
(4) "Clinical record" means a
				written document which is complete, current, and contains the information
				required by
				53-21-165,
				MCA.
(5) "Emergency situation" has
				the meaning assigned to it by
				53-21-102,
				MCA.
(6) "Governing body" means a
				group of designated persons functioning as a governing body, that is legally
				responsible for establishing and implementing policies regarding the management
				and operations of the facility.
(7)
				"Licensed health care professional" means a licensed health care professional
				as defined at
				50-5-101,
				MCA.
(8) "Medical director" means a
				physician, psychiatrist, or advanced practice registered nurse who oversees the
				medical care and other designated care and services in a behavioral health
				inpatient facility. The medical director is responsible for coordinating
				medical care and helping to develop, implement, and evaluate patient care
				policies and procedures that reflect current standards of practice.
(9) "Mental health professional" means a
				mental health professional as defined at
				53-21-102,
				MCA.
(10) "Professional person"
				means a professional person as defined at
				53-21-102,
				MCA.
(11) "Supervisor" means a site
				based certified mental health professional person.
(12) "Treatment plan" means a planned program
				of active treatment developed by a multidisciplinary team to meet an
				individual's recovery and care.
53-21-194,
					 MCA; IMP,
					 50-5-101,
					 53-21-102,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1705 - LICENSE APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				Application for a health care facility/service license accompanied by the
				required fee shall 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 59620-2953 upon forms provided by the department
				and shall include full and complete information as to:
(a) the name and address of the applicant if
				an individual, the name and address of each member if a firm, partnership, or
				association; or the name and address of each officer if a
				corporation;
(b) the location of
				the facility;
(c) the name of the
				person or persons who will manage or supervise the facility;
(d) the number and type of patients or
				residents for which care is provided;
(e) any information which the department may
				require pertaining to the number, experience, and training of employees;
				and
(f) information on ownership,
				contract, or lease agreement if operated by a person other than the
				owner.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1708 - GOVERNING BODY

Current through Register Vol. 13, July 5, 2024
(1) The licensee
				must establish a governing body with responsibility for operating and
				maintaining the BHIF. The governing body must include the facility's medical
				director and the facility administrator. The governing body provides
				organizational guidance and oversight to ensure the provision of safe,
				effective patient treatment and care to include but not limited to:
(a) adopting, reviewing, and updating as
				necessary, at least on an annual basis, policies that:
(i) govern the organization and functions of
				the BHIF;
(ii) provide a process
				for grievance and conflict resolution for both staff and patients;
				and
(iii) provide clear lines of
				authority for administering, managing, and operating the facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1709 - MEDICAL DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				shall employ or contract with a medical director who shall:
(a) coordinate with and advise the staff of
				the facility on clinical matters;
(b) provide direction, consultation, and
				training regarding the facility programs and operations as needed;
(c) act as a liaison for the facility with
				community physicians, hospital staff, and other professionals and agencies with
				regard to psychiatric services; and
(d) ensure the quality of treatment and
				related services through participation in the facility quality assurance
				process.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1710 - ADMINISTRATOR RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) Each
				facility shall employ an administrator who shall:
(a) be responsible for operation of the
				facility at all times and shall ensure 24-hour supervision of the
				patients;
(b) maintain daily
				overall responsibility for the facility operations;
(c) develop and oversee the implementation of
				all policies and procedures pertaining to the operation and services of the
				facility;
(d) establish written
				policies and procedures for all facility human resource services;
(e) establish a process for patient
				complaints and grievances, to include an opportunity for appeal, and to inform
				patients of the availability of advocacy organizations to assist
				them;
(f) establish a patient
				incident report file on all patient incidents or allegation of abuse;
(g) develop and maintain an organizational
				chart that delineates the current lines of authority, responsibility, and
				accountability for the administration and provision of all facility patient
				treatment programs services; and
(h) develop and implement written orientation
				and training procedures on all facility policies and procedures for all
				employees or contractors, relief workers, temporary employees, students,
				interns, volunteers, and trainees to include but not limited to:
(i) defining the responsibilities,
				limitations, and supervision of students, interns, and volunteers working for
				the BHIF; and
(ii) verifying each
				professional staff member's credentials, when hired, and annually thereafter,
				to ensure the continued credentialing of required licenses.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1711 - ADMINISTRATOR ABSENCE

Current through Register Vol. 13, July 5, 2024
(1) In the absence
				of the administrator, a staff member must be designated to oversee the
				operation of the facility during the administrator's absence. The administrator
				or designee shall be in charge, on call and physically available on a daily
				basis as needed, and shall ensure there are sufficient, qualified staff so that
				the care, active treatment, health, welfare, and safety needs of the residents
				are met at all times.
(2) If the
				administrator will be absent from the facility for more than 30 consecutive
				calendar days, the department shall be given written notice of the individual
				who has been appointed the designee.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1712 - DIRECT CARE AND OTHER EMPLOYEES

Current through Register Vol. 13, July 5, 2024
(1)
				Employees shall receive orientation and training in areas relevant to the
				employee's duties and responsibilities including:
(a) an overview of the facility's policies
				and procedure manual in areas relevant to the employee's job
				responsibilities;
(b) a review of
				the employee's job description;
(c)
				services provided by the facility;
(d) rights of persons served; and
(e) safety and emergency response
				procedures.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1713 - PERSONNEL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The facility is
				responsible for establishing, maintaining, and securing a file on each
				employee, substitute personnel, intern, volunteer, and contractor.
(2) The following documentation from
				personnel files must be made available to the department at all reasonable
				times, but shall be made available to the department within 24 hours after the
				department requests to review the files.
(a)
				the employee's name;
(b) a copy of
				current credentials, certifications, or professional licenses as required to
				perform the job description;
(c) an
				initialed copy of the employee's job description; and
(d) initialed documentation of employee
				orientation and ongoing training.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1717 - WRITTEN POLICIES AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Each
				BHIF shall maintain a policy and procedure manual. The policy and procedure
				manual shall be reviewed and updated as necessary, but at least
				annually.
(2) The manual shall
				contain but not be limited to policies and procedures for:
(a) notifying staff of all changes in
				policies and procedures;
(b)
				addressing patient rights, including a procedure for informing patients of
				their rights;
(c) informing
				patients of the policy and procedures for patient complaints and
				grievances;
(d) addressing and
				reviewing ethical issues faced by staff and reporting allegations of ethics
				violations to the applicable professional licensing authority;
(e) admitting criteria and process to
				initiate behavioral treatment services to patients;
(f) developing procedures for the transfer of
				a patient to another hospital or facility;
(g) establishing fiscal policies governing
				the management of organizational and individual funds;
(h) developing and implementing policy(s) for
				security;
(i) establishing and
				maintaining a facility staffing procedure;
(j) assessment criteria for new
				admissions;
(k) informing patients
				of policies pertaining to secured treatment, suspension of treatment, transfer
				to other facilities, or discontinuation of services for voluntary
				patients;
(l) suspending or
				discontinuing facility services with the following information to be provided
				to the patient:
(i) the reason for suspending
				or discontinuing services or access to programs;
(ii) the conditions that must be met to
				resume services or access to programs;
(iii) the grievance procedure that may be
				used to appeal the suspension or discontinuation; and
(iv) what services, if any, will be continued
				to be provided even though participation in a particular service or program may
				be suspended or discontinued.
(m) referring patients to other providers or
				services that the facility does not provide; and
(n) conducting quality assessment and
				improvement activities.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1718 - CLINICAL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A patient
				clinical record shall be created upon the patient's admission to the BHIF. The
				clinical records must comply with the requirements of
				53-21-165
				and
				53-21-166,
				MCA. Clinical records must be retained for five years following the date of
				discharge or death. However, facilities that participate in Medicaid or
				Medicare programs must keep the clinical records for the applicable minimum
				retention period.
53-21-194,
					 MCA; IMP,
					 53-21-165,
					 53-21-166,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1719 - PATIENT ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) The facility
				shall utilize a multidisciplinary team which may include but is not limited to
				the patient, social workers, addiction counselors, licensed mental health
				professionals, licensed practical nurses, mental health technicians, peer
				support staff, registered nurses, psychologists, case managers, certified
				mental health professional persons, clergy, and family members.
(2) Each facility shall initiate a clinical
				intake assessment within 12 hours after admission for program services. Intake
				assessments must be conducted by a licensed mental health professional or
				licensed health care professional trained in clinical assessments and must
				include the following information in a narrative form to substantiate the
				patient's diagnosis and provide sufficient detail to individualize treatment
				plan goals and objectives:
(a) presenting
				problem and history of problem;
(b)
				mental status;
(c) diagnostic
				impressions;
(d) initial treatment
				plan goals;
(e) risk factors to
				include suicidal or homicidal ideation;
(f) psychiatric history;
(g) substance use/abuse and
				history;
(h) current medication and
				medical history;
(i) financial
				resources;
(j) family
				relationships;
(k) housing history
				and housing arrangements;
(l)
				nutritional needs;
(m) cultural and
				spiritual needs;
(n) education
				and/or work history;
(o) legal
				history relevant to history of illness, including guardianships, civil
				commitments, criminal mental health commitments, current and prior criminal
				background, and current legal status; and
(p) anticipated discharge needs.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1720 - INDIVIDUALIZED TREATMENT PLANNING

Current through Register Vol. 13, July 5, 2024
(1) Based
				upon the findings of the assessment(s), the facility shall initiate an
				individualized treatment plan for each patient within 24 hours of admission.
				The treatment plan must conform to requirements outlined in
				53-21-162,
				MCA, be completed within ten days of admission, and:
(a) identify treatment team members, from
				within and outside of the facility, who are involved in the patient's treatment
				or care;
(b) specifically state
				measurable treatment plan objectives that serve the patient in the least
				restrictive and most culturally appropriate therapeutic environment;
(c) describe the service or intervention with
				sufficient specificity to demonstrate the relationship between the service or
				intervention and the stated objective;
(d) identify the staff person and program
				responsible for each treatment service to be provided;
(e) include the patient's guardian or power
				of attorney's signature indicating participation in the development of the
				treatment plan. If the patient's or guardian's participation is not possible or
				inappropriate, written documentation must indicate the reason;
(f) include the signature and date of the
				facility's licensed mental health professional and of the person(s) with
				primary responsibility for implementation of the treatment plan indicating
				development and ongoing review of the plan; and
(g) state the criteria for discharge,
				including the patient's level of functioning which will indicate when a
				particular service is no longer required.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1724 - RESTRAINT AND SECLUSION

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must be capable of providing restraint or seclusion and must ensure that the
				restraint or seclusion is performed in compliance with
				53-21-146,
				MCA.
(2) Restraint and seclusion
				must be performed in a manner that is safe, proportionate and appropriate to
				the severity of the behavior, the patient's size, gender, physical, medical,
				and psychiatric condition, and personal history.
(3) Restraint or seclusion may be used in
				emergency situations when needed to ensure the physical safety of the
				individual patient or other patients or staff of the facility and when less
				restrictive measures have been found to be ineffective to protect the resident
				or others from harm.
(4) Restraint
				and seclusion procedures must be implemented in the least restrictive manner
				possible in accordance with a written modification to the patient's health
				care/treatment plan and discontinued when the behaviors that necessitated the
				restraint or seclusion are no longer in evidence.
(5) "Whenever needed" or "as needed" PRN
				standing orders for use of restraint or seclusion are prohibited.
(6) A physician or other authorized health
				care provider must authorize use of the restraint or seclusion within one hour
				of initiating the restraint or seclusion.
(7) Each order of restraint or seclusion is
				limited in length of time to four hours.
(8) A facility will have at a minimum one
				"comfort/safe" room per 16 beds for use for patient seclusion as prescribed by
				the facility's policy and procedures, and in accordance with applicable state
				and federal standards.
53-21-194,
					 MCA; IMP,
					 53-21-146,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1725 - PATIENT RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) Patients
				admitted to a behavioral health inpatient facility shall be afforded all of the
				rights of a patient provided for in Title 53, chapter 21, part 1, MCA,
				Treatment of the Seriously Mentally Ill.
(2) A copy of these rights shall be posted in
				a conspicuous place within the facility.
(3) These rights will also be explained to
				the patient in terms that the patient can understand.
53-21-101,
					 53-21-194,
					 MCA; IMP,
					 53-21-101,
					 53-21-168,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1726 - SECURITY

Current through Register Vol. 13, July 5, 2024
(1) The facility shall develop security
				policies which address the following:
(a)
				securing the treatment unit;
(b)
				development of an emergency, fire, disaster, evacuation, and response plan;
				and
(c) summoning outside
				assistance from local emergency responders in the event of an
				emergency.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1727 - QUALITY ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) Each facility
				shall implement and maintain an active quality assessment program using
				information collected to make improvements in the facility's policies,
				procedures, and services. At a minimum, the program must include procedures
				for:
(a) conducting patient satisfaction
				surveys, at least annually, for all facility programs. The survey must address:
(i) whether the patient, parent, or guardian
				is adequately involved in the development and review of the patient's treatment
				plan;
(ii) whether the patient,
				parent, or guardian was informed of patient's rights and the facility's
				grievance procedure;
(iii) the
				patient's, parent's, or guardian's satisfaction with all facility programs in
				which the patient participated; and
(iv) the patient's, parent's, or guardian's
				recommendations for improving facility's services.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1730 - DISCHARGE

Current through Register Vol. 13, July 5, 2024
(1) The patient must be provided with an
				aftercare plan upon discharge.
(2)
				Each facility shall prepare a discharge plan for each patient no longer
				receiving services. The discharge plan must include:
(a) the reason for discharge;
(b) a summary of the services provided by the
				facility including recommendations for aftercare services and referrals to
				other services, if applicable;
(c)
				an evaluation of the client's progress as measured by the treatment plan and
				the impact of the services provided by the facility;
(d) diagnosis and response to medications;
				and
(e) the signature of the staff
				member who prepared the report and the date of preparation.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1731 - TRANSFER/DISCHARGE TO ANOTHER FACILITY

Current through Register Vol. 13, July 5, 2024
(1) A
				patient may be discharged and transferred to another facility pursuant to
				53-21-111,
				MCA, at any time. Transfer protocols include but are not limited to:
(a) transferring facility will contact the
				receiving facility to determine if a bed is available;
(b) transferring facility will contact the
				receiving facility to determine if appropriate staff are or will be available
				to treat incoming individual;
(c)
				transport will be provided through appropriate medical means; and
(d) an individual's available medical
				documentation will accompany the individual to the receiving
				facility.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1735 - PHYSICAL PLANT

Current through Register Vol. 13, July 5, 2024
(1) The building
				shall be considered an I - 2 occupancy for purpose of issuing a building
				permit.
(2) The building shall be
				classified as a New Health Care Occupancy or Existing Health Care Occupancy as
				found in Chapter 18 or Chapter 19 of the 2001, NFPA 101 - Life Safety Code.
				Copies of the codes may be obtained from the National Fire Protection
				Association, 1 Batterymarch Park, Quincy, MA 02169-7471, phone
				1-617-770-3000.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1736 - COMMON USE AREAS

Current through Register Vol. 13, July 5, 2024
(1) At least two
				separate social spaces, one appropriate for noisy activities and one for quiet
				activities, shall be provided. The combined area shall be at least 25 square
				feet for each of the two spaces. This space may be shared by dining activities
				if an additional 15 square feet per patient is added; otherwise, provide 20
				square feet for patient dining. Dining facilities may be located off the
				nursing unit in a central area.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1737 - PATIENT TOILETS AND BATHING

Current through Register Vol. 13, July 5, 2024
(1) There
				must be at least one toilet available for every four patients in the
				facility.
(2) There must be at
				least one bathing unit for every six patients in the facility. A shower or tub
				is not required if the facility utilizes a central bathing unit for every six
				patients.
(3) All doors to toilet
				rooms or bathing unit must swing out or slide into the wall and shall be able
				to be unlocked from the outside. Toilet rooms and bathing facilities may be
				under key control by staff.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1738 - INFECTION CONTROL

Current through Register Vol. 13, July 5, 2024
(1) The facility
				must establish and maintain infection control policies and procedures
				sufficient to provide a safe environment and to prevent the transmission of
				disease. Such policies and procedures must, at a minimum, include the
				following:
(a) any employee contracting a
				communicable disease that is transmittable to residents through food handling
				or direct care must not appear at work until the infectious disease(s) can no
				longer be transmitted;
(b)
				diagnosis and treatment of communicable or infectious disease occurrence and
				that appropriate safety measures are taken on behalf of that patient, of other
				patients, staff, and visitors; and
(c) all staff shall use proper hand washing
				techniques before and after providing direct care to a patient.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1739 - FOOD SERVICE

Current through Register Vol. 13, July 5, 2024
(1) Facilities
				shall comply with the regulations concerning food service establishments which
				are located at ARM Title 37, chapter 110, subchapter 2.
(2) Facilities shall provide for the
				patient's nutritional needs as prescribed by the patient's doctor.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.17 - Behavioral Health Inpatient Facilities › Rule 37.106.1740 - LAUNDRY AND HOUSEKEEPING

Current through Register Vol. 13, July 5, 2024
(1) Laundry and
				housekeeping services must be provided by the facility. A contracted service
				provider or the facility directly may provide laundry and housekeeping
				services.
(2) Facility
				administrators will ensure that provisions are made to accommodate patient
				laundry and housekeeping to assure a safe and clean environment.
53-21-194,
					 MCA; IMP,
					 53-21-194,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1801 - SPECIALTY MENTAL HEALTH FACILITY: APPLICATION OF OTHER RULES

Current through Register Vol. 13, July 5, 2024
(1) To the extent that other licensure rules
				in this chapter conflict with the terms of ARM
				37.106.1802,
				37.106.1805,
				37.106.1810 through
				37.106.1814,
				37.106.1820,
				37.106.1821,
				37.106.1825 through
				37.106.1829,
				37.106.1831 through
				37.106.1833,
				37.106.1841 through
				37.106.1845,
				37.106.1851 through
				37.106.1853, the terms of ARM
				37.106.1802, 37.106.1805, 37.106.1810 through 37.106.1814, 37.106.1820,
				37.106.1821, 37.106.1825 through 37.106.1829, 37.106.1831 through 37.106.1833,
				37.106.1841 through 37.106.1845, 37.106.1851 through 37.106.1853 will apply to
				specialty mental health facilities.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1802 - SPECIALTY MENTAL HEALTH FACILITY: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in ARM
				  37.106.1801,
				  37.106.1802,
				  37.106.1805,
				  37.106.1810 through
				  37.106.1814,
				  37.106.1820,
				  37.106.1821,
				  37.106.1825 through
				  37.106.1829,
				  37.106.1831 through
				  37.106.1833,
				  37.106.1841 through
				  37.106.1845,
				  37.106.1851 through
				  37.106.1853, the following
				  definitions apply:
(1) "Specialty
				mental health facility" means a health care facility that provides specialty
				mental health services in a residential setting to patients with mental health
				conditions associated with eating disorders, pathological gambling, and sexual
				disorders and may include a specialty unit attached to another type of licensed
				health care facility.
(2)
				"Addiction" includes habituation, and means a psychological dependence upon a
				substance or behavior for the purpose of achieving euphoria or temporary relief
				from painful stimuli, whether or not the stimuli are internal or external in
				origin, and which is associated with an eating disorder, pathological gambling,
				or a sexual disorder.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1805 - SPECIALTY MENTAL HEALTH FACILITY: MEDICAL RECORDS

Current through Register Vol. 13, July 5, 2024
(1) A specialty mental health facility must
				maintain a medical records system in accordance with written policies and
				procedures, as well as meet the following standards:
(a) Employ adequate personnel to ensure
				prompt and systematic completion, filing, and retrieval of records.
(b) Create and maintain a record for each
				person receiving specialty mental health care services from the facility that
				includes, if applicable:
(i) identification
				and social data;
(ii) admitting
				diagnosis;
(iii) pertinent medical
				history;
(iv) properly executed
				consent forms;
(v) reports of
				physical examinations, diagnostic and laboratory test results, and consultation
				findings;
(vi) all physician's
				orders, nurses' notes, and reports of treatments and medications;
(vii) final diagnosis;
(viii) discharge summary; and
(ix) any other pertinent information
				necessary to monitor the patient's prognosis.
(c) Include in each record the signatures of
				the physician or other health care professional authoring the record
				entries.
(d) Complete records of a
				discharged patient within 30 days after the discharge date and include, in
				addition to the information cited in (b) above, a recapitulation of the
				patient's period of treatment, a recommendation of the appropriate follow up or
				aftercare services for the patient, and a brief summary of the patient's
				medical and mental condition on discharge.
(e) Have written policies and procedures
				ensuring the confidentiality of patient records, and safeguards against loss,
				destruction or unauthorized use, in accordance with applicable state and
				federal law and including policies and procedures which:
(i) govern the use and removal of records
				from the record storage area;
(ii)
				specify the conditions under which information may be released and by
				whom;
(iii) specify when the
				patient's consent is required for release of information, in accordance with
				Title 50, chapter 16, part 5, MCA, the Uniform Health Care Information
				Act.
(f) In addition to
				the above, adhere to the provisions of ARM
				37.106.314.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1810 - SPECIALTY MENTAL HEALTH FACILITY: ORGANIZATIONAL STRUCTURE; GOVERNING BODY

Current through Register Vol. 13, July 5, 2024
(1) A specialty
				mental health facility must have a governing body that is legally responsible
				for the conduct of the facility and that:
(a)
				Ensures that the medical and professional staff of the facility:
(i) are appointed by the governing body to
				the medical staff after the governing body considers the recommendations of the
				existing members of the medical staff;
(ii) have bylaws and written policies that
				are approved by the governing body;
(iii) are accountable to the governing body
				for the quality of care provided to patients; and
(iv) are selected on the basis of individual
				character, competence, training, experience, judgment, and professional
				qualifications according to the specific areas in which they are to provide
				medical treatment.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1811 - SPECIALTY MENTAL HEALTH FACILITY: ADMINISTRATOR

Current through Register Vol. 13, July 5, 2024
(1) A specialty mental health facility must
				have an administrator who has formal training and/or experience, preferably in
				the administration of a mental health facility, which demonstrates an ability
				to perform the functions and duties required by these licensure
				rules.
(2) The facility must ensure
				that the administrator is on the premises the number of hours necessary to
				manage and administer the facility in compliance with these licensure
				rules.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1812 - SPECIALTY MENTAL HEALTH FACILITY: MEDICAL AND PROFESSIONAL STAFF

Current through Register Vol. 13, July 5, 2024
(1) A specialty mental health facility must:
(a) Have a single, organized professional
				staff with overall responsibility for the quality of all clinical care provided
				to patients and the professional practices of its members;
(b) Employ or contract with the numbers of
				qualified mental health professional and support staff necessary to adequately
				evaluate patients and to sufficiently participate in each individual treatment
				plan to its completion; thoroughly document such participation; formulate
				written, individualized, and comprehensive treatment plans; provide active
				treatment measures; and engage in discharge planning.
(c) Ensure that the medical staff adopts and
				enforces bylaws approved by the governing body that include:
(i) a description of the qualifications a
				medical and professional staff candidate must meet in order to be recommended
				to the governing body for appointment;
(ii) a statement of the duties and privileges
				of each category of medical and professional staff.
(iii) a requirement that a physical
				examination be made and medical history taken of a patient by a member of the
				medical staff no more than seven days before or 24 hours after the patient's
				admission to the facility.
(d) Ensure that the medical staff includes at
				least one Montana-licensed psychiatrist.
(e) Ensure that a staff psychiatrist does the
				following:
(i) Provides medical direction for
				the facility's residential mental health care activities and consultation for,
				and medical supervision of, mental health professional and non-physician health
				care staff;
(ii) Reviews and signs
				the records of each patient admitted; and
(iii) is directly involved with the mental
				health treatment of each admitted patient as determined in each individual
				treatment plan and documents that direct involvement.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1813 - SPECIALTY MENTAL HEALTH FACILITY: STAFF DEVELOPMENT

Current through Register Vol. 13, July 5, 2024
(1) A staff development program must be
				provided for administrative, professional, and support personnel, and must be
				supervised and directed by a staff committee or qualified person.
(2) Staff development programs must be
				outlined in the facility's policies and procedures, with annual
				updates.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1814 - SPECIALTY MENTAL HEALTH FACILITY: TREATMENT TEAM

Current through Register Vol. 13, July 5, 2024
(1) A specialty mental health facility must
				have a multi-disciplinary treatment team supervised and directed by the
				admitting psychiatrist, and consisting of adequate numbers of individuals
				licensed, registered, or certified in the mental health disciplines appropriate
				to the condition of each patient.
(2) The treatment team for each patient must
				meet at least weekly with the supervising psychiatrist and document the
				progress of each patient according to each patient's individual treatment
				plan.
Sec.
					 50-5-103,
					 MCA; IMP, Sec.
					 50-5-103,
					 MCA;
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1820 - SPECIALTY MENTAL HEALTH FACILITY: QUALITY ASSURANCE

Current through Register Vol. 13, July 5, 2024
(1) The governing body of the facility must
				ensure that there is an effective, ongoing, facility wide written quality
				assurance program and implementation plan in effect which ensures, monitors,
				and evaluates the quality of the patient care provided there and which includes
				the following:
(a) Identification of all
				health and safety aspects of each patient's individual treatment
				plan;
(b) Development and
				documentation of indicators that are used to monitor and evaluate the health
				and safety aspects of patient treatment and care;
(c) Documentation and evidence that the
				findings, conclusions, and results of corrective actions to improve patient
				care which are identified through the quality assurance program are applied in
				a manner which improves patient treatment and care.
(d) Consideration and documentation by the
				facility's medical and professional staff of the findings of the evaluation and
				the taking of subsequent remedial action, if necessary.
(e) Evaluation, with complete documentation,
				of all services provided by contractors.
(f) The taking and documentation of
				appropriate remedial action to address deficiencies found through the quality
				assurance program, as well as documentation of the outcome of the remedial
				action.
(g) Periodic review of all
				quality assurance activities, at least semi-annually, which is submitted in
				writing to the governing body and also made a part of the facility's medical
				records file.
Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.18 - Licensure of Specialty Mental Health Facilities › Rule 37.106.1821 - SPECIALTY MENTAL HEALTH FACILITY: UTILIZATION REVIEW

Current through Register Vol. 13, July 5, 2024
(1) A specialty mental health facility must
				have in effect a utilization review plan to review services furnished by the
				facility to patients, either through contracted services or by members of its
				medical staff to patients, in order to determine through semi-annual review,
				whether utilization of services was appropriate, established policies were
				followed, and any changes are needed.
(2) Such a review mechanism shall consider,
				during each semi-annual review period, at least the following:
(a) the utilization of facility services,
				including at least the number of patients served and the volume of
				services;
(b) sample facility cases
				consisting of not less than 10% of both active and closed patient
				records;
(c) review of the sample
				cases to determine the medical necessity of the medical and professional
				services furnished, including drugs and biologicals; and
(d) the facility's health care
				policies.