reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.156 - Staff training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 staff person who implements or manages a behavior support component of an
					 individual plan shall be trained in the use of the specific techniques or
					 procedures that are used.
(b) If a
					 physical restraint will be used, the staff person who implements or manages the
					 behavior support component of the individual plan shall have experienced the
					 use of the physical restraint directly on the staff person.
(c) Documentation of the training provided,
					 including the staff persons trained, dates of training, description of training
					 and training source, shall be kept.
The provisions of this §
													2380.156 amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.157 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.157 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.158 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.158 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.159 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.159 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.160 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.160 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.161 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.161 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.162 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.162 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.163 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.163 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.164 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.164 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.165 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.165 reserved under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.166 - Prohibited procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following procedures are prohibited:
(1) Seclusion, defined as involuntary
					 confinement of an individual in a room or area from which the individual is
					 physically prevented or verbally directed from leaving. Seclusion includes
					 physically holding a door shut or using a foot pressure lock.
(2) Aversive conditioning, defined as the
					 application of startling, painful or noxious stimuli.
(3) Pressure-point techniques, defined as the
					 application of pain for the purpose of achieving compliance. A pressure-point
					 technique does not include a clinically-accepted bite release technique that is
					 applied only as long as necessary to release the bite.
(4) A chemical restraint, defined as use of a
					 drug for the specific and exclusive purpose of controlling acute or episodic
					 aggressive behavior. A chemical restraint does not include a drug ordered by a
					 health care practitioner or dentist for the following use or event:
(i) Treatment of the symptoms of a specific
					 mental, emotional or behavioral condition.
(ii) Pretreatment prior to a medical or
					 dental examination or treatment.
(iii) An ongoing program of
					 medication.
(iv) A specific,
					 time-limited stressful event or situation to assist the individual to control
					 the individual's own behavior.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.167 - Physical restraint

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 physical restraint, defined as a manual method that restricts, immobilizes or
					 reduces an individual's ability to move the individual's arms, legs, head or
					 other body parts freely, may only be used in the case of an emergency to
					 prevent an individual from immediate physical harm to the individual or
					 others.
(b) Verbal redirection,
					 physical prompts, escorting and guiding an individual are permitted.
(c) A prone position physical restraint is
					 prohibited.
(d) A physical
					 restraint that inhibits digestion or respiration, inflicts pain, causes
					 embarrassment or humiliation, causes hyperextension of joints, applies pressure
					 on the chest or joints or allows for a free fall to the floor is
					 prohibited.
(e) A physical
					 restraint may not be used for more than 30 cumulative minutes within a 2-hour
					 period.
The provisions of this §
													2380.167 issued under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.168 - Emergency use of a physical restraint

Current through Register Vol. 54, No. 28, July 13, 2024
If a physical restraint is used on an unanticipated,
						emergency basis, §§
											2380.154 and
						2380.155 (relating to human rights
						team; and behavior support component of the individual plan) do not apply until
						after the restraint is used for the same individual twice in a 6-month
						period.
The provisions of this §
													2380.168 issued under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RESTRICTIVE PROCEDURES › Section 2380.169 - Access to or the use of an individual's personal property

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Access to or the use of an individual's
					 personal funds or property may not be used as a reward or punishment.
(b) An individual's personal funds or
					 property may not be used as payment for damages unless the individual consents
					 to make restitution for the damages. The following consent provisions apply
					 unless there is a court-ordered restitution:
(1) A separate written consent is required
					 for each incidence of restitution.
(2) Consent shall be obtained in the presence
					 of the individual or a person designated by the individual.
(3) The facility may not coerce the
					 individual to provide consent.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.171 - Emergency information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Emergency information for individuals shall be easily accessible at the
					 facility.
(b) Emergency information
					 for each individual shall include:
(1) The
					 name, address, telephone number and relationship of a designated person to be
					 contacted in case of an emergency.
(2) The name, address and telephone number of
					 the individual's physician or source of health care.
(3) The name, address and telephone number of
					 the person able to give consent for emergency medical treatment, if
					 applicable.
(4) A copy of the
					 individual's most recent annual physical examination.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.172 - Individual records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 separate record shall be kept for each individual.
(b) Entries in an individual's record shall
					 be legible, dated and signed by the person making the entry.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.173 - Content of records

Current through Register Vol. 54, No. 28, July 13, 2024
Each individual's record must include the following
						information:
(1) Personal information
					 including:
(i) The name, sex, admission date,
					 birthdate and Social Security number.
(ii) The race, height, weight, color of hair,
					 color of eyes and identifying marks.
(iii) The language or means of communication
					 spoken or understood by the individual and the primary language used in the
					 individual's natural home, if other than English.
(iv) Religious affiliation.
(v) A current, dated photograph.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.174 - Record location

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 record information required in §
											2380.173(1)
					 (relating to content of records) shall be kept at the facility.
(b) The most current copies of record
					 information required in §
											2380.173(2)-(11)
					 shall be kept at the facility.
(c)
					 The record information required in §
											2380.173(2)-(11),
					 that is not current shall be kept at the facility or at the facility's
					 administrative office.
The provisions of this §
													2380.174 amended under sections
						  911 and 1021 of the Public Welfare Code (62 P. S.
						  §§
														911 and
						  1021).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.175 - Record retention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Information in the individual's record shall be kept for at least 4 years or
					 until any audit or litigation is resolved.
(b) Individual records shall be kept for at
					 least 4 years following the individual's departure or until any audit or
					 litigation is resolved.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.176 - Access

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Individual
					 records shall be kept locked when they are unattended.
(b) The individual, and the individual's
					 parent, guardian or advocate, shall have access to the records and to
					 information in the records. If the interdisciplinary team documents, in
					 writing, that disclosure of specific information constitutes a substantial
					 detriment to the individual or that disclosure of specific information will
					 reveal the identity of another individual or breach the confidentiality of
					 persons who have provided information upon an agreement to maintain their
					 confidentiality, that specific information identified may be
					 withheld.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › RECORDS › Section 2380.177 - Release of information

Current through Register Vol. 54, No. 28, July 13, 2024
Written consent of the individual, or the individual's
						parent or guardian if the individual is incompetent, is required for the
						release of information, including photographs, to persons not otherwise
						authorized to receive it.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.181 - Assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each individual
					 shall have an initial assessment within 1 year prior to or 60 calendar days
					 after admission to the facility and an updated assessment annually
					 thereafter.
(b) If the program
					 specialist is making a recommendation to revise a service or outcome in the
					 individual plan, the individual shall have an assessment completed as required
					 under this section.
(c) The
					 assessment shall be based on assessment instruments, interviews, progress notes
					 and observations.
(d) The program
					 specialist shall sign and date the assessment.
(e) The assessment must include the following
					 information:
(1) Functional strengths, needs
					 and preferences of the individual.
(2) The likes, dislikes and interests of the
					 individual, including vocational and employment interests.
(3) The individual's current level of
					 performance and progress in the following areas:
(i) Acquisition of functional
					 skills.
(ii)
					 Communication.
(iii) Personal
					 adjustment.
(iv) Personal needs
					 with or without assistance from others.
(4) The individual's need for
					 supervision.
(5) The individual's
					 ability to self-administer medications.
(6) The individual's ability to safely use or
					 avoid poisonous materials, when in the presence of poisonous
					 materials.
(7) The individual's
					 knowledge of the danger of heat sources and ability to sense and move away
					 quickly from heat sources which exceed 120° F and are not
					 insulated.
(8) The individual's
					 ability to evacuate in the event of a fire.
(9) Documentation of the individual's
					 disability, including functional and medical limitations.
(10) A lifetime medical history.
(11) Psychological evaluations, if
					 applicable.
(12) Recommendations
					 for specific areas of training, vocational programming and competitive
					 community-integrated employment.
(13) The individual's progress over the last
					 365 calendar days and current level in the following areas:
(i) Health.
(ii) Motor and communication
					 skills.
(iii) Personal
					 adjustment.
(iv)
					 Socialization.
(v)
					 Recreation.
(vi)
					 Community-integration.
(14) The individual's knowledge of water
					 safety and ability to swim.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.182 - Development, annual update and revision of the individual plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The program
					 specialist shall coordinate the development of the individual plan, including
					 revisions, with the individual and the individual plan team.
(b) The initial individual plan shall be
					 developed based on the individual assessment within 90 days of the individual's
					 date of admission to the facility.
(c) The individual plan shall be initially
					 developed, revised annually and revised when an individual's needs change based
					 upon a current assessment.
(d) The
					 individual and persons designated by the individual shall be involved and
					 supported in the initial development and revisions of the individual
					 plan.
The provisions of this §
													2380.182 issued under sections 911
						  and 1021 of the Human Services Code (62 P.S. §§
														911 and
						  1021); amended under sections
						  201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b),
						  901-922 and 1001-1088); and section 201(2) of the Mental Health and
						  Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.183 - Individual plan team

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 individual plan shall be developed by an interdisciplinary team, including the
					 following:
(1) The individual.
(2) Persons designated by the
					 individual.
(3) The individual's
					 direct service workers.
(4) The
					 program specialist.
(5) The program
					 specialist for the individual's residential program, if applicable.
(6) Other specialists such as health care,
					 behavior management, speech, occupational and physical therapy as appropriate
					 for the individual's needs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.184 - Individual plan process

Current through Register Vol. 54, No. 28, July 13, 2024
The individual plan process shall:
(1) Provide information and support to ensure
					 that the individual directs the individual plan process to the extent
					 possible.
(2) Enable the individual
					 to make choices and decisions.
(3)
					 Reflect what is important to the individual to ensure that services are
					 delivered in a manner reflecting individual preferences and ensuring the
					 individual's health, safety and well-being.
(4) Occur timely at intervals, times and
					 locations of choice and convenience to the individual and to persons designated
					 by the individual.
(5) Be
					 communicated in clear and understandable language.
(6) Reflect cultural considerations of the
					 individual.
(7) Include guidelines
					 for solving disagreements among the individual plan team members.
(8) Include a method for the individual to
					 request updates to the individual plan.
The provisions of this §
													2380.184 issued under sections 911
						  and 1021 of the Human Services Code (62 P.S. §§
														911 and
						  1021); amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.185 - Content of the individual plan

Current through Register Vol. 54, No. 28, July 13, 2024
The individual plan, including revisions, must include
						the following:
(1) The individual's
					 strengths, functional abilities and service needs.
(2) The individual's preferences related to
					 relationships, communication, community participation, employment, health care,
					 wellness and education.
(3) The
					 individual's desired outcomes.
(4)
					 Services to assist the individual to achieve desired outcomes.
(5) Risks to the individual's health, safety
					 or well-being, behaviors likely to result in immediate physical harm to the
					 individual or others and risk mitigation strategies, if applicable.
(6) Modification of individual rights as
					 necessary to mitigate significant health and safety risks to the individual or
					 others, if applicable.
The provisions of this §
													2380.185 issued under sections 911
						  and 1021 of the Human Services Code (62 P. S. §§
														911 and
						  1021); amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
This section cited in 55 Pa. Code §
													2380.21 (relating to individual
						  rights); and 55 Pa. Code §
													2380.155 (relating to behavior
						  support component of the individual
						  plan).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.186 - Implementation of the individual plan

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall implement the individual plan,
						including revisions.
The provisions of this §
													2380.186 issued under sections 911
						  and 1021 of the Human Services Code (62 P.S. §§
														911 and
						  1021); amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.187 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
													2380.187 issued under sections 911
						  and 1021 of the Human Services Code (62 P.S. §§
														911 and
						  1021); reserved under
						  sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services
						  Code (62 P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2380 - ADULT TRAINING FACILITIES › PROGRAM › Section 2380.188 - Facility services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 facility shall provide services including assistance, training and support for
					 the acquisition, maintenance or improvement of functional skills, personal
					 needs, communication and personal adjustment.
(b) The facility shall provide opportunities
					 and support to the individual for participation in community life, including
					 work opportunities.
(c) The
					 facility shall provide services to the individual as specified in the
					 individual plan.
(d) The facility
					 shall provide services that are age and functionally appropriate to the
					 individual.
The provisions of this §
													2380.188 issued under sections 911
						  and 1021 of the Human Services Code (62 P.S. §§
														911 and
						  1021); amended under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL PROVISIONS › Section 2390.1 - Introduction

Current through Register Vol. 54, No. 28, July 13, 2024
The primary objective of vocational facilities is to
						assist clients in the development of skills necessary for placement in a higher
						level vocational program and ultimately into competitive employment, or, to
						maintain existing employment services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL PROVISIONS › Section 2390.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to protect the health,
						safety and welfare of clients and to establish minimal program requirements in
						vocational facilities.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL PROVISIONS › Section 2390.3 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 applies to vocational facilities, except as provided in subsection (b). The
					 requirements apply to profit, nonprofit, publicly funded and privately funded
					 facilities. This chapter contains the minimum requirements that shall be met in
					 order to obtain a certificate of compliance. A vocational facility shall be
					 individually inspected and obtain a certificate of compliance in order to
					 operate. This chapter applies to vocational facilities providing service to one
					 or more disabled clients.
(b) This
					 chapter does not apply to the following:
(1)
					 Vocational facilities or portions of vocational facilities operated by a public
					 school district or intermediate unit.
(2) Vocational facilities operated by the
					 Department.
(3) The client's own
					 home in which homebound employment is provided.
(4) Facilities providing vocational
					 evaluation exclusively.
(5) Private
					 industry settings if disabled adults are integrated in work with other
					 nondisabled employes at the work site.
(6) Approved private schools.
(7) Facilities serving exclusively drug and
					 alcohol clients.
(8) Facilities
					 licensed or approved by the Department's Office of Children, Youth and
					 Families.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL PROVISIONS › Section 2390.4 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is Articles IX and X
						of the Public Welfare Code (62 P. S. §§
												901-922 and
						1001-1080).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL PROVISIONS › Section 2390.5 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates otherwise:
Abusive act
-An act or omission of an act
						that willfully deprives a client of rights or which may cause or causes actual
						physical injury or emotional harm to a client.
Certificate of compliance
-A document
						issued to a legal entity permitting it to operate a vocational facility at a
						given location, for a specific period of time, according to appropriate
						regulations of the Commonwealth.
Chief executive officer
-The staff person
						responsible for the general management of the facility. Other terms such as
						"program director" or "administrator" may be used as long as the qualifications
						specified in §
											2390.32 (relating to chief
						executive officer) are met.
Client
-A disabled adult receiving
						services in a vocational facility.
Competitive employment
-A job in a
						regular work setting with an employee-employer relationship, in which a
						disabled adult is hired to do a job that other nondisabled employees also do.
Criminal abuse
-Crimes against the person
						such as assault and crimes against the property of the client such as theft or
						embezzlement.
Department
-The Department of Human
						Services of the Commonwealth.
Direct service worker
-A person whose
						primary job function is to provide services to a client who attends the
						facility.
Disabled adult
-
(i) A person who because of a disability
					 requires special help or special services on a regular basis to function
					 vocationally.
(ii) The term
					 includes persons who exhibit any of the following characteristics:
(a) A physical disability, such as visual
					 impairment, hearing impairment, speech or language impairment or other physical
					 handicap.
(b) Social or emotional
					 maladjustment.
(c) A neurologically
					 based condition such as cerebral palsy, autism or epilepsy.
(d) An intellectual disability.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.11 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
Application for a certificate of compliance shall be made
						under Chapter 20 (relating to licensure or approval of facilities and
						agencies).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.12 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appeals related
					 to the Department's approval or licensure shall be made under
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to
					 Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
					 Administrative Practice and Procedure).
(b) Appeals related to the Department's
					 approval or licensure shall be made by filing a petition within 30 days after
					 service of notice of the action.
(c) Subsection (b) supersedes the appeal
					 period of 1 Pa. Code §
											35.20 (relating to appeals from
					 actions of the staff).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.13 - Certificate of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
The certificate of compliance shall list the programs
						that the facility operates, including sheltered employment, work activities
						center, occupational training, personal work adjustment training, handicapped
						employment and vocational evaluation.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.14 - Fire safety occupancy permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A facility shall have a valid fire safety
					 occupancy permit from the Department of Labor and Industry, or the local
					 Department of Public Safety in the cities of Scranton and Pittsburgh or the
					 local Department of Licensing and Inspection in Philadelphia County.
(b) After initial issuance of the fire safety
					 occupancy permit by the Department of Labor and Industry, the provider shall
					 verify, annually in writing, that the permit for the facility has not been
					 withdrawn.
This section cited in 55 Pa. Code §
													6000.312 (relating to no license
						  factors); and 55 Pa. Code §
													6000.313 (relating to provisional
						  license factors).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.15 - Wage and hour certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
					 interstate commerce is involved, the facility shall have a valid Federal
					 Sheltered Workshop Certificate, or valid Individual Handicapped Workers
					 Certificates for each client, issued by the Federal Wage and Hour Division,
					 United States Department of Labor under applicable Federal
					 regulations.
(b) If intrastate
					 commerce is involved, the facility shall have a valid Special Certificate
					 issued by the Bureau of Labor Standards, Department of Labor and Industry under
					 the Minimum Wage Act of 1968 (43 P.S. §§
												333.101-333.115).
(c) If both interstate and intrastate
					 commerce are involved, the facility shall have the certificates specified in
					 subsections (a) and (b).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.16 - Public eating and drinking place license

Current through Register Vol. 54, No. 28, July 13, 2024
If the facility prepares food for the public or serves
						food to the public, the facility shall have a valid public eating and drinking
						place license from the Department of Environmental Resources, or the local
						health department in locations for which the Department of Environmental
						Resources does not have regulatory authority.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.17 - Statement of purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall have a written statement of purpose
						that includes a list and description of the services provided, how the services
						relate to the needs of the clients, and conditions on the admission of clients
						or the provision of services.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.18 - Incident report and investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility shall report the following
					 incidents, alleged incidents and suspected incidents through the Department's
					 information management system or on a form specified by the Department within
					 24 hours of discovery by a staff person:
(1)
					 Death.
(2) A physical act by a
					 client in an attempt to complete suicide.
(3) Inpatient admission to a
					 hospital.
(4) Abuse, including
					 abuse to a client by another client.
(5) Neglect.
(6) Exploitation.
(7) A client who is missing for more than 24
					 hours or who could be in jeopardy if missing for any period of time.
(8) Law enforcement activity that occurs
					 during the hours of facility operation.
(9) Injury requiring treatment beyond first
					 aid.
(10) Fire requiring the
					 services of the fire department. This provision does not include false
					 alarms.
(11) Emergency
					 closure.
(12) Theft or misuse of
					 client funds.
(13) A violation of
					 client rights.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.19 - Incident procedures to protect the client

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In investigating an incident, the
					 facility shall review and consider the following needs of the affected client:
(1) Potential risks.
(2) Health care information.
(3) Medication history and current
					 medication.
(4) Behavioral health
					 history.
(5) Incident
					 history.
(6) Social
					 needs.
(7) Environmental
					 needs.
(8) Personal
					 safety.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.20 - Accident prevention

Current through Register Vol. 54, No. 28, July 13, 2024
A facility shall have a written accident prevention
						policy. The accident prevention policy shall include the requirement for
						monthly inspection of the physical site, production process and machines and
						equipment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.22 - Governing body

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The facility
					 shall have a governing body.
(b) No
					 member of the governing body may receive financial benefit for services as a
					 member of the governing body, except for expenses incurred while performing
					 governing body functions.
(c) A
					 member of the governing body shall fully disclose conditions that may create a
					 conflict of interest.
(d) The
					 governing body shall meet at least quarterly.
(e) The governing body shall review and
					 approve quarterly and annual financial reports.
(f) The governing body shall review and
					 approve the annual program report.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.23 - Bidding, contracting, selling

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall establish sound and ethical bidding,
						contracting and selling practices to reflect reasonable costs consistent with
						the economical and efficient operations of the facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › GENERAL REQUIREMENTS › Section 2390.24 - Applicable statutes and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall comply with applicable Federal and
						State statutes and regulations and local ordinances.
The provisions of this §
													2390.24 issued under sections
						  201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code
						  (62
						  P.S. §§
														201(2),
						  403(b), 403.1(a) and (b), 911
						  and 1021); and section 201(2) of the Mental Health and Intellectual Disability
						  Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › STAFFING › Section 2390.31 - Effective date of staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
The staff qualifications in §§
											2390.32-2390.40 (relating to staffing) are
						effective immediately for staff hired or promoted on or after January 1, 1987.
						Staff hired or promoted prior to January 1, 1987, shall meet the qualifications
						under this chapter as they existed at 55 Pa. Code pages 2390-1-2390-21, serial
						pages (86921)-(86940) and (90799).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › STAFFING › Section 2390.32 - Chief executive officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There shall be one chief executive
					 officer responsible for a facility. Whenever the chief executive officer is not
					 available, a designee shall be responsible for the chief executive officer's
					 duties.
(b) The chief executive
					 officer shall be responsible for the general management of the facility,
					 including the following:
(1) Admission and
					 discharge of clients.
(2) Safety
					 and protection of clients.
(3)
					 Assuring that contract procurement activities occur and that work is available
					 to clients.
(4) Compliance with
					 this chapter.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › STAFFING › Section 2390.33 - Program specialist

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 minimum of 1 program specialist for every 45 clients shall be available when
					 clients are present at the facility.
(b) The program specialist shall be
					 responsible for the following:
(1)
					 Coordinating the completion of assessments.
(2) Participating in the individual plan
					 process, development, team reviews and implementation in accordance with this
					 chapter.
(3) Providing and
					 supervising activities for the clients in accordance with the individual
					 plans.
(4) Supporting the
					 integration of clients in the community.
(5) Supporting client communication and
					 involvement with families and friends.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 2390 - VOCATIONAL FACILITIES › STAFFING › Section 2390.34 - Production manager

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 facility shall have a minimum of one production manager available when clients
					 are present at the facility.
(b) A
					 production manager shall be responsible for job flow, job scheduling and
					 provision of sufficient amount of work within the facility.
(c) A production manager shall meet one of
					 the following groups of qualifications:
(1)
					 Possess a bachelor's degree or above from an accredited college or university
					 in Business or Engineering.
(2)
					 Possess an associate's degree or its equivalent from an accredited college or
					 university in Business or Engineering; and 2 years work experience in
					 industrial work.
(3) Possess a high
					 school diploma or a general education development certificate; and 4 years work
					 experience in industrial work, which includes at least 2 years supervisory
					 experience.