reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › PROGRAM › Section 6500.160 - Recreational and social activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The home shall provide recreational and
						social activities, including volunteer or civic-minded opportunities and
						membership in National or local organizations at the following locations:
(1) The home.
(2) Away from the home.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.161 - Definition of restrictive procedures

Current through Register Vol. 54, No. 28, July 13, 2024
A restrictive procedure is a practice that limits an
						  individual's movement, activity or function; interferes with an individual's
						  ability to acquire positive reinforcement; results in the loss of objects or
						  activities that an individual values; or requires an individual to engage in a
						  behavior that the individual would not engage in given freedom of
						  choice.
The provisions of this §
														6500.161 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.162 - Written policy

Current through Register Vol. 54, No. 28, July 13, 2024
A written policy that defines the prohibition or use of
						  specific types of restrictive procedures, describes the circumstances in which
						  restrictive procedures may be used, the persons who may authorize the use of
						  restrictive procedures, a mechanism to monitor and control the use of
						  restrictive procedures, and a process for the individual and family to review
						  the use of restrictive procedures shall be kept.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.163 - Appropriate use of restrictive procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A restrictive procedure may not be used
						as retribution, for the convenience of the family, as a substitute for the
						program or in a way that interferes with the individual's developmental
						program.
(b) For each incident
						requiring restrictive procedures:
(1) Every
						attempt shall be made to anticipate and de-escalate the behavior using methods
						of intervention less intrusive than restrictive procedures.
(2) A restrictive procedure may not be used
						unless less restrictive techniques and resources appropriate to the behavior
						have been tried but have failed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.164 - Human rights team

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a
						restrictive procedure is used, a human rights team shall be used. A county
						mental health and intellectual disability program human rights team that meets
						the requirements of this section may be used.
(b) The human rights team shall include a
						professional who has a recognized degree, certification or license relating to
						behavioral support, who did not develop the behavior support component of the
						individual plan.
(c) The human
						rights team shall include a majority of persons who do not provide direct
						services to the individual.
(d) A
						record of the human rights team meetings shall be kept.
The provisions of this §
														6500.164 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 §
														6500.165 (relating to behavior
							 support component of the individual plan); and 55 Pa. Code §
														6500.179 (relating to emergency
							 use of a physical restraint).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.165 - Behavior support component of the individual plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each individual for whom a
						restrictive procedure may be used, the individual plan shall include a
						component addressing behavior support that is reviewed and approved by the
						human rights team in §
												6500.164 (relating to human rights
						team), prior to use of a restrictive procedure.
(b) The behavior support component of the
						individual plan shall be reviewed and revised as necessary by the human rights
						team, according to the time frame established by the team, not to exceed 6
						months between reviews.
(c) The
						behavior support component of the individual plan shall include:
(1) The specific behavior to be
						addressed.
(2) An assessment of the
						behavior, including the suspected reason for the behavior.
(3) The outcome desired.
(4) A target date to achieve the
						outcome.
(5) Methods for
						facilitating positive behaviors such as changes in the individual's physical
						and social environment, changes in the individual's routine, improving
						communications, recognizing and treating physical and behavior health
						conditions, voluntary physical exercise, redirection, praise, modeling,
						conflict resolution, de-escalation and teaching skills.
(6) Types of restrictive procedures that may
						be used and the circumstances under which the procedures may be used.
(7) The amount of time the restrictive
						procedure may be applied.
(8) The
						name of the person responsible for monitoring and documenting progress with the
						behavior support component of the individual plan.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.166 - Staff training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						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 §
														6500.166 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.167-6500.176 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of these §§
														6500.167-6500.176 reserved under sections
							 201(2), 403(b), 403.1(a) and (b) and 901-922 of the Human Services Code
							 (62
							 P.S. §§
															201(2),
							 403(b), 403.1(a) and (b) and
							 901-922); 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.177 - 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.178 - 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 §
														6500.178 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.179 - 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, §§
												6500.164 and
						  6500.165 (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 §
														6500.179 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESTRICTIVE PROCEDURES › Section 6500.180 - 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 home or agency may not coerce the
						individual to provide consent.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.181 - Emergency information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Emergency information for an individual shall be easily accessible at the
						home.
(b) Emergency information for
						an individual shall include the following:
(1)
						The name, address, telephone number and relationship of a designated person to
						be contacted in case of 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.182 - Content of 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 must be
						legible, dated and signed by the person making the entry.
(c) 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) The religious affiliation.
(v) The next of kin.
(vi) A current, dated photograph.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.183 - Record location

Current through Register Vol. 54, No. 28, July 13, 2024
Copies of the most current record information required
						  in §
												6500.182(c)(1)-(7)
						  (relating to content of records) shall be kept in the home.
The provisions of this §
														6500.183 amended under sections
							 201(2), 403(b), 403.1(a) and (b), 901-922 and 1001-1088 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.184 - 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 retained 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.185 - Access

Current through Register Vol. 54, No. 28, July 13, 2024
The individual, and the individual's parent, guardian
						  or designated person shall have access to the records and to information in the
						  records. If the life sharing specialist 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.
The provisions of this §
														6500.185 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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › INDIVIDUAL RECORDS › Section 6500.186 - 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 17 years of age or younger or legally
						  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 VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › EMERGENCY PLACEMENT › Section 6500.191 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Emergency
						placement is placement prior to which 2 weeks or less notice is given to the
						home and agency.
(b) If an
						emergency placement occurs, the following sections shall be met within 31
						calendar days after the individual is living in the home:
(1) Section 6500.111 (relating to
						assessment).
(2) Section
						6500.121 (relating to individual
						physical examination).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › EMERGENCY PLACEMENT › Section 6500.192 - Other requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Other requirements in this chapter apply for emergency
						  placements.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESPITE CARE › Section 6500.201 - Exceptions for respite care

Current through Register Vol. 54, No. 28, July 13, 2024
The following sections do not apply for individuals
						  receiving respite care:
(1) Sections
						6500.45 and 6500.46 (relating to
						training; and annual training).
(2)
						Section 6500.79 (relating to individual
						bedrooms).
(3) Section 6500.109
						(relating to fire drills).
(4)
						Sections 6500.111-6500.117.
(5)
						Section 6500.122 (relating to dental care).
(6) Section
						6500.182(c)(4), (5) and (6)
						 (relating to individual records).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESPITE CARE › Section 6500.202 - Exceptions for emergency respite care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Emergency respite care is respite care
						placement prior to which 2 weeks or less notice is given to the home and
						agency.
(b) The following sections
						do not apply for individuals receiving emergency respite care:
(1) Sections
						6500.45 and
						6500.46 (relating to training; and
						annual training).
(2) Section
						6500.79 (relating to individual
						bedrooms).
(3) Section 6500.109
						(relating to fire drills).
(4)
						Sections 6500.111-6500.117.
(5)
						Sections 6500.121 and
						6500.122 (relating to individual
						physical examination; and dental care).
(6) Section 6500.182(c)(3)-(6) (relating to
						individual records).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6500 - FAMILY LIVING HOMES › RESPITE CARE › Section 6500.203 - Other requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Other requirements in this chapter apply for respite
						  care and emergency respite care.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6600 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 6600.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter protects the health, safety and well-being
						of residents living in intermediate care facilities for individuals with an
						intellectual disability.
The provisions of this §
													6600.1 amended under Articles IX
						  and X of the Human Services Code (62 P.S. §§
														901-922 and
						  1001-1088).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6600 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 6600.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to a residential facility receiving
						intermediate care facilities for individuals with an intellectual disability
						monies.
The provisions of this §
													6600.2 amended under Articles IX
						  and X of the Human Services Code (62 P.S. §§
														901-922 and
						  1001-1088).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6600 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 6600.3 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Department incorporates by reference 53 FR 20494
						(June 3, 1988) codified at 42 CFR 483.400 -
						483.480 (relating to conditions of
						participation for intermediate care facilities for individuals with
						intellectual disabilities) as the licensing regulations for intermediate care
						facilities for individuals with an intellectual disability.
The provisions of this §
													6600.3 amended under Articles IX
						  and X of the Human Services Code (62 P.S. §§
														901-922 and
						  1001-1088).
This section cited in 55 Pa. Code §
													6600.4 (relating to medication
						  administration and training-statement of
						  policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VIII - Intellectual Disability and Autism Manual › Subpart E - Residential Agencies/Facilities/Services › Article I - Licensing/Approval › Chapter 6600 - INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY › Section 6600.4 - Medication administration and training-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background
. Section
					 6600.3 (relating to requirements)
					 incorporates by reference Federal regulations for intermediate care facilities
					 for the mentally retarded (ICFs/MR) at
					 42 CFR
					 483.400 -
					 483.480. This section interprets
					 that portion of the regulations found at
					 42 CFR
					 483.460(k)(3), which reads
					 as follows: "Unlicensed personnel are allowed to administer drugs only if state
					 law permits." Inasmuch as the administration of drugs is within the scope of
					 practice of nursing, the applicable State law is The Professional Nursing Law
					 (law) (63 P. S. §§
												211-225.5). The law specifically does not
					 prohibit home care of the sick by unlicensed persons (see section 4(1) of the
					 law (63 P. S. §
												214(1)). The State Board of
					 Nursing interprets the home care exemption as applying to ICFs/MR that serve no
					 more than eight individuals.
(b)
Purpose
. This section sets forth guidelines for the
					 administration of medications in ICF's for eight or fewer individuals with
					 mental retardation. The guidelines were developed in consultation with the
					 State Board of Nursing to ensure that unlicensed staff who administer
					 medications do so safely and lawfully. Compliance with these guidelines will be
					 considered as part of the annual licensing inspection carried out by the
					 Department of Health, Division of Long Term Care, ICF/MR Program.
(c)
Applicability
. This
					 section applies to ICF's in which eight or fewer individuals with mental
					 retardation live. For purposes of this section, the following clarifications
					 apply:
(1) A facility is a distinct,
					 individual residential building operating as an ICF/MR, or as part of an
					 ICF/MR.
(2) Each apartment unit
					 within an apartment building is considered a separate facility.
(3) Each half of a duplex if there is
					 physical separation between two distinct and complete living areas, is
					 considered a separate facility.
(4)
					 A wing of a building, or an attached building unit, does not constitute a
					 separate facility.
(5) Eight or
					 fewer individuals means the total number of individuals living at the facility
					 and not the licensed capacity of the ICF/MR.
(6) Eight or fewer individuals means the
					 total number of individuals living at the facility, regardless of whether the
					 individuals are currently taking medications.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  words and terms, when used in this part, have the following meanings, unless
				  the context clearly indicates otherwise:
Athletic Code
-5 Pa.C.S. Part I (relating
					 to boxing and wrestling).
Commission
-The State Athletic Commission
					 of the Commonwealth.
Commission credentials
-Documents issued
					 by the Commission to individuals approved by the Commission granting them the
					 authority to attend a specific event, without payment of an entry fee, on
					 behalf of the Commission.
Commissioner
-A member of the Commission,
					 as defined in section 101 of the code (relating to definitions).
Communicable disease
-An illness which is
					 capable of being spread to a susceptible host through the direct or indirect
					 transmission of an infectious agent or its toxic product by an infected person,
					 animal or arthropod, or through the inanimate environment.
Event
-One or more contests, as defined in
					 section 302 of the code (relating to definitions), conducted at the same
					 location on the same day.
Knockdown
-When any part of a boxer's
					 body, except the feet, touch the ring canvass, at the hand of the opponent, as
					 determined by the referee.
Licensee
-A person licensed by the
					 Commission to perform duties in relation to an event.
Main contest
-The most important contest
					 during an event for which the public interest is the greatest.
Second
-
(i) An individual licensed by the Commission
				  to work in a professional boxer's corner during an event, as provided in
				  section 716 of the Athletic Code (relating to seconds).
(ii) The term also includes a
				  trainer.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.2 - Commission offices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The offices
				  of the Commission are located as follows:
(1)
				  116 Pine Street, Third Floor, Harrisburg, Pennsylvania 17101.
(2) 1103 State Office Building, Broad and
				  Spring Garden Streets, Philadelphia, Pennsylvania 19030.
(3) 805A State Office Building, 300 Liberty
				  Avenue, Pittsburgh, Pennsylvania 15222.
(4) Scranton State Office Building, Third
				  Floor, Scranton, Pennsylvania 18503.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 1 - PRELIMINARY PROVISIONS › Section 1.3 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
										31.1 (relating to scope of part),
					 1 Pa. Code Part II (relating to general rules of administrative practice and
					 procedure) applies to the activities of and proceedings before the
					 Commission.
The provisions of this §
												1.3 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 3 - APPOINTED OFFICIALS › Section 3.1 - Executive Director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  Executive Director shall be appointed by the Secretary of the Commonwealth to
				  act as the administrative officer to the Commission and have powers and duties
				  provided in section 105 of the Athletic Code (relating to powers and duties of
				  executive director).
(b) The
				  Executive Director shall establish and maintain standard operating procedures
				  for offices, ensure adherence to procedures and monitor operations of
				  inspectors and officials.
(c) The
				  Executive Director shall prepare, justify and administer the Commission
				  budget.
(d) The Executive Director
				  shall solicit items and prepare agendas for scheduled Commission meetings as
				  well as attend the meetings, and shall also schedule and notify commissioners
				  of the meetings.
(e) The Executive
				  Director shall organize periodic training programs for judges, referees,
				  inspectors and other licensees.
(f)
				  The Executive Director shall disseminate to commissioners, inspectors and
				  officials changes in the Commission's policies and procedures, personnel
				  changes and other information pertinent to current operations.
(g) The Executive Director shall supervise
				  and direct Commission staff, direct the issuance of Commission credentials and
				  perform other duties as directed by the Commission. The Secretary of the
				  Commonwealth or the Executive Director may designate Commission or Department
				  staff to act on behalf of the Executive Director at events under the
				  jurisdiction of the Commission.
(h)
				  The Executive Director shall have the authority to approve or prohibit each
				  proposed matching of boxers within this Commonwealth based upon the following
				  criteria of each boxer:
(1) Win/loss
				  record.
(2) Current boxing
				  activity.
(3) Overall boxing
				  experience.
(4) General health and
				  safety, including, but not limited to, the following statutory provisions:
(i) Sections 708 of the Athletic Code
				  (relating to suspension and revocation for injuries).
(ii) Section 711 of the Athletic Code
				  (relating to limitation on difference in weights).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 3 - APPOINTED OFFICIALS › Section 3.2 - Inspectors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Inspectors
				  shall be nominated by a commissioner or the Executive Director and approved by
				  the Secretary. Inspectors shall be assigned by the Executive Director for the
				  performance of duties under section 105(3) of the Athletic Code (relating to
				  powers and duties of executive director).
(b) An inspector shall be empowered to act on
				  behalf of the Commission only when specifically authorized by a commissioner or
				  the Executive Director.
(c) The
				  Executive Director will assign to each event under the Commission's
				  jurisdiction as many inspectors as necessary for the proper regulation of the
				  event and may designate a chief inspector.
(d) An inspector or the chief inspector in
				  charge of an event shall be the official representative of the Commission and
				  shall be responsible only to the Commission or the Executive Director. It is
				  his duty and he shall have the authority to enforce the Athletic Code; and this
				  part. It is his duty and he shall have the authority to enforce legislative and
				  regulatory provisions pertaining to the collection of revenues that are due the
				  Commonwealth, as outlined in section 916 of the Athletic Code (relating to
				  gross receipts taxes).
(e) Subject
				  only to the direction of a commissioner or the Executive Director, an inspector
				  will have authority over the following:
(1)
				  All phases of the weigh-in.
(2)
				  Entrances to the site of the event, including the following:
(i) Press and pass entrances.
(ii) Entrances for participants, officials,
				  Commission credential holders and employees.
(3) The ring and ringside, including the
				  following:
(i) Press accommodations.
(ii) Radio accommodations.
(iii) Television
				  accommodations.
(4)
				  Dressing rooms of participants and officials.
(5) The counting and accounting for tickets,
				  passes and credentials issued to individuals to attend specified events
				  including the following:
(i) Working press
				  passes.
(ii) Complimentary
				  tickets.
(iii) Tickets of
				  participants.
(vi) Commission
				  credentials.
(vii) Promoter
				  passes.
(6) The
				  collection of insurance premiums due and payable on participants, and the
				  documenting and reporting of accidents, injuries and illness of a
				  licensee.
(7) The collection of
				  fees, including the following:
(i) License
				  fees.
(ii) Other moneys due the
				  Commonwealth.
(8) The
				  payment of purses and other moneys due participants and fees due
				  officials.
(9) Matters generally
				  under the jurisdiction of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 3 - APPOINTED OFFICIALS › Section 3.4 - Announcers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				  will license announcers of events under its jurisdiction, except that in
				  emergencies and in the case of amateur events, competent unlicensed announcers
				  may be used. The promoter or sponsor of the event shall assign announcers to
				  events.
(b) Announcers shall be
				  responsible to the Commission in the discharge of their duties and shall accept
				  directions only from a commissioner or the Executive Director.
(c) The Commission will set fees payable to
				  announcers assigned to serve at events. The promoters of professional events
				  and the sponsors of amateur events shall pay the fees.
(d) An announcer assigned to an event shall
				  remain at ringside while the event is in progress, shall maintain close liaison
				  with a commissioner or the Executive Director during the period, and shall
				  carefully follow the directions of a commissioner or the Executive Director at
				  all times.
(e) Announcers shall be
				  neatly and appropriately dressed while discharging their duties.
(f) Announcers shall display strict
				  impartiality in word and action while serving at events under Commission
				  jurisdiction.
(g) Announcers shall
				  make neither special announcements nor introductions of persons other than
				  participants and officials without first obtaining the approval of a
				  commissioner or the Executive Director.
(h) The announcer shall announce from the
				  ring at each event under the jurisdiction of the Commission the fact of
				  jurisdiction, the names of the officials assigned to the event, the name and
				  official weight before each contest of each participant and other pertinent
				  information as directed by a commissioner or the Executive Director.
(i) Only an assigned announcer may make an
				  announcement from the ring unless another person is specifically authorized by
				  a commissioner or the Executive Director.
(j) The announcer shall promptly collect the
				  official score card from the Executive Director or an inspector at the
				  conclusion of each contest. The announcer shall announce the scoring by each
				  official and the final decision reached. The announcer shall announce whether
				  the decision is unanimous, a split decision or a draw at the end of contests
				  other than the main events. In the event of a knockout or a technical knockout,
				  the announcer shall announce the result and the time and the round of the
				  termination of the contest.
The provisions of this §
												3.4 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 5 - TICKETS, POSTPONEMENTS AND CANCELLATIONS › Section 5.1 - Tickets

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Tickets of
				  admission to each event under the jurisdiction of the Commission shall be of
				  the stub type and consecutively numbered. Tickets shall have the following
				  information:
(1) The identity of the promoter
				  or sponsor.
(2) The nature, date,
				  time and place of the event.
(3)
				  The established price of the ticket including taxes thereon.
(4) The precise seat location if the ticket
				  entitles the holder to a reserved seat.
(5) The rain date, if any, of the
				  event.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 5 - TICKETS, POSTPONEMENTS AND CANCELLATIONS › Section 5.2 - Postponements and cancellations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  event under the jurisdiction of the Commission may not be postponed or canceled
				  after it has been approved and scheduled without written notice to and approval
				  by the Executive Director.
(b) If a
				  scheduled event is postponed because of unfavorable weather, it shall be
				  rescheduled upon its designated rain date, if it has been previously set. If no
				  rain date has been previously set, the event shall be rescheduled as soon as
				  may be fairly and reasonably done after consultation with and approval by the
				  Executive Director.
(c) The
				  Executive Director may rearrange the contest in case of threatened weather to
				  assure, if possible, the presentation of the main contest.
(d) If, because of unfavorable weather or
				  other emergency after the start of the program but before the beginning of the
				  main contest, it is deemed necessary to declare a postponement, the event shall
				  be rescheduled as provided in subsection (b). If unfavorable weather or other
				  emergency occurs during the progress of the main contest, the contest shall be
				  continued to its conclusion, except that if the existing condition presents
				  actual danger to the participants or others present, a commissioner or the
				  Executive Director will interrupt the contest until the danger is passed, and
				  the contest shall be resumed from the point of interruption and continued to
				  conclusion. If it is deemed impossible to resume the contest because of
				  continued danger, a postponement shall be declared and the event shall be
				  rescheduled as provided in subsection (b).
(e) Ticket holders shall be entitled to the
				  refund of the entire purchase price of their tickets in cases of postponement
				  or cancellation of the main event or the entire program of contests or
				  exhibitions under the conditions of time, place and procedure that a
				  commissioner or the Executive Director approves and announces in each instance,
				  as specified in section 1113(a) of the Athletic Code (relating to ticket
				  refunds) and §
										21.4(h) (relating
				  to conduct of contests).
(f) In
				  case of postponement prior to the opening of the admission gates to the event,
				  tickets for the original date shall be honored for admission on the date to
				  which the event shall be postponed.
(g) The Commission will determine the rights
				  of affected parties to payment for services and reimbursement for expenses in
				  each case of postponement or cancellation if boxers have fulfilled their
				  performance contracts prior to postponement or cancellation.
The provisions of this §
												5.2 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 7 - RECOGNITION OF SUSPENSIONS, DISQUALIFICATIONS AND RETIREMENTS IMPOSED BY OTHER AUTHORITIES › Section 7.1 - Discretion of Commission

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may in its discretion recognize and enforce
					 within its jurisdiction suspensions, disqualifications and retirements imposed
					 by other authorities, but the recognition and enforcement shall be in each
					 instance subject to appeal by the affected person to the Commission, which
					 shall thoroughly inquire into the merits of the case either with or without
					 formal hearing of sworn testimony and render a final decision in accordance
					 with the substantial equities as are evident.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 9 - RELATIONS WITH AFFILIATES › Section 9.1 - No sovereignty compromise

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may enter into, maintain or withdraw from
					 association with groups devoted to the interests of any sport regulated by the
					 Commission, but it may not compromise the sovereignty of the Commonwealth or
					 the primary and immediate responsibility of the Commission.
The provisions of this §
												9.1 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
This section cited in 58 Pa. Code §
												9.2 (relating to fair
						cooperation).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 9 - RELATIONS WITH AFFILIATES › Section 9.2 - Fair cooperation

Current through Register Vol. 54, No. 28, July 13, 2024
The restrictions imposed by §
										9.1 (relating to no sovereignty
					 compromise) may not be construed to prevent the Commission from fair and
					 reasonable collaboration and cooperation with the authorities of other
					 governmental bodies or with organizations of private individuals dedicated to
					 objectives similar to those of the Commission.
The provisions of this §
												9.2 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 11 - SAFETY OF EVENT PREMISES › Section 11.1 - Ventilation, fire exits and fire escapes

Current through Register Vol. 54, No. 28, July 13, 2024
Buildings or structures used, or intended to be used for
					 contests, shall be properly ventilated and contain proper fire exits and fire
					 escapes. In addition, buildings shall conform to the laws, ordinances and
					 regulations pertaining to buildings in the municipality where
					 situated.
The provisions of this §
												11.1 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart A - General Provisions › Chapter 13 - BONDS AND FEES › Section 13.1 - Professional boxing bonds and bond filing fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the case of professional boxing
				  promoters or foreign copromoters holding contests in a place where the seating
				  capacity is less than 10,000, the professional boxing promoters or foreign
				  copromoters are required to execute and file a surety bond with the Commission
				  in the sum of $7,500 on the form prescribed by the Commission. If the seating
				  capacity is more than 10,000, the bond shall be in the sum of
				  $25,000.
(b) In lieu of the surety
				  bond required by subsection (a), the promoter or foreign copromoter may deposit
				  with the Commission cash, a certified check, a letter of credit or direct or
				  indirect obligations of the United States or the Commonwealth acceptable to the
				  Commission in an equivalent amount as set forth in subsection (a) and subject
				  to the same conditions. The security will not be returned to the promoter until
				  1 year after the date on which it was deposited with the Commission, unless a
				  surety bond is substituted for the security. Upon the expiration of 1 year from
				  the date on which the security was deposited, it shall be returned to the
				  depositor if no claim against the deposit is outstanding.
(c) A filing fee of $25 shall accompany each
				  bond filed or cash or security deposited in lieu of the bond.
The provisions of this §
												13.1 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).