HEALTH CARE FACILITIES

37.106.2160 LABORATORY SERVICES If a facility chooses to provide laboratory services, the laboratory must meet the requirements specified in 42 CFR part 493. If the laboratory chooses to refer specimens for testing to another laboratory, the referral laboratory must be certified …

37.106.2161 PHYSICAL ENVIRONMENT The facility must not: house any client of a grossly different age, developmental level, and social need in close physical or social proximity unless the housing is planned to promote the growth and development of all those housed together; or seg…

37.106.2162 EMERGENCY PLAN AND PROCEDURES The facility must develop and implement detailed written plans and procedures to meet all potential emergencies and disasters such as fire, severe weather, and a missing client. The facility must communicate, periodically review, make the…

37.106.2163 SECURED UNITS A secured unit within a facility shall have a written policy outlining resident admission criteria, transfer criteria and discharge criteria for the secured unit. Provisions should be made for secured unit residents to access large group activities when …

37.106.2164 FIRE PROTECTION The facility must meet the applicable provisions of either the health care occupancies chapters or the residential board and care occupancies chapter of the Life Safety Code ( LSC ) , 2000 edition, of the National Fire Protection Association ( NFPA ) ,…

37.106.2170 INFECTION CONTROL The facility must provide a sanitary environment to avoid sources and transmission of infections. There must be policies and procedures for the prevention, control and investigation of infection and communicable diseases. The facility must implement …

37.106.2171 DIETETIC SERVICES Each client must receive a nourishing, well-balanced diet including modified and specially-prescribed diets. A qualified dietitian must be employed either full-time, part-time or on a consultant basis at the facility's discretion. If a qualified diet…

37.106.2180 FACILITY FAIR HEARING A facility has the right to appeal licensure decisions as outlined in 50-5-208 , MCA. The department shall follow the hearing procedure for fair hearings as outlined at ARM 37.5.117. Authorizing statute(s): Sec. 50-5-103 and 50-5-238, MCA Impleme…

37.106.2201 RESIDENTIAL TREATMENT FACILITY: APPLICATION OF OTHER RULES To the extent that other licensure rules in this chapter conflict with the terms of ARM 37.106.2202 and 37.106.2203 , the terms of ARM 37.106.2202 and 37.106.2203 will apply to residential treatment facilities…

37.106.2202 RESIDENTIAL TREATMENT FACILITY: LICENSURE STANDARDS A residential treatment facility must meet the requirements of the following: the standards for the following categories, contained in the Joint Commission on Accreditation of Health Care Organizations′ 2017 Comprehe…

37.106.2203 RESIDENTIAL TREATMENT FACILITIES: SEPARATE LICENSES Separate residential treatment facility licenses are not required for separate buildings within the same community if they are utilized to provide residential psychiatric care under the same management. Authorizing s…

37.106.2301 MINIMUM STANDARDS FOR A HOSPICE PROGRAM: GENERAL The following definitions apply in this rule and ARM 37.106.2305 and 37.106.2311: "Bereavement" means that period of time during which survivors mourn a death and experience grief. "Bereavement services" means support s…

37.106.2305 MINIMUM STANDARDS FOR AN INPATIENT HOSPICE FACILITY In addition to complying with the standards contained in ARM 37.106.2301, an inpatient hospice facility must comply with the requirements of the conditions of participation for hospices providing inpatient care direc…

37.106.2311 MINIMUM STANDARDS FOR A RESIDENTIAL HOSPICE FACILITY A residential hospice facility must meet all of the requirements contained in ARM 37.106.2301 in addition to those contained in this rule. A residential hospice facility must be managed directly by a licensed hospic…

37.106.2401 HOME INFUSION THERAPY AGENCY: DEFINITIONS In addition to the definitions in 50-5-101, MCA, the following definitions apply to this subchapter: "Antineoplastic" means a pharmaceutical that has the capability of killing malignant cells. "Biological safety cabinet" means…

37.106.2404 HOME INFUSION THERAPY AGENCY: RESPONSIBILITY FOR SERVICES Where a home infusion therapy agency directly provides either the home infusion therapy services or skilled nursing services and arranges for the provision of the other services, the parties must enter into a w…

37.106.2405 HOME INFUSION THERAPY AGENCY: ADMINISTRATOR AND PERSONNEL Each home infusion therapy agency must employ an administrator who shall: organize and direct the home infusion therapy agency's ongoing functions; be responsible for ongoing oversight of the home infusion ther…

37.106.2406 HOME INFUSION THERAPY: CLINICAL SERVICES (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, 50-5-213, MCA History: NEW, 1996 MAR p. 2587, Eff. 10/4/96; TRANS, from DHES, 2002 MAR p. 185; REP, 2009 MAR p. 1668, Eff. 9/25/09.

37.106.2407 HOME INFUSION THERAPY AGENCY: QUALITY ASSESSMENT Each home infusion therapy agency shall prepare and maintain on file an annual report of improvements made as a result of a quality assessment program. Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5…

37.106.2411 HOME INFUSION THERAPY AGENCY: EDUCATION SERVICES Each home infusion therapy agency, and any contracted party providing services to the patient, together, shall: provide the patient or the patient's caregiver with education and counseling on proper storage, scheduling,…

37.106.2412 HOME INFUSION THERAPY AGENCY: MEDICAL RECORD Each home infusion therapy agency shall establish and maintain for each patient accepted for care, a medical record which must be accessible to home infusion therapy personnel and which must include the following informatio…

37.106.2415 HOME INFUSION THERAPY AGENCY: ADMINISTRATION OF MEDICATION AND TREATMENT All medications and treatments administered by the home infusion therapy agency's personnel or contracted parties must be administered by a Montana licensed health care professionals. Authorizing…

37.106.2416 HOME INFUSION THERAPY AGENCY: PARENTERAL OR ENTERAL SOLUTIONS In addition to the minimum requirements for a pharmacist and a pharmacy established by Title 37, chapter 7, MCA, and ARM Title 24, chapter 174, any parenteral or enteral solution provided by the home infusi…

37.106.2420 HOME INFUSION THERAPY AGENCY: POLICY AND PROCEDURE MANUAL The home infusion therapy agency shall develop a policy and procedure manual for the organization and operation of the home infusion therapy agency. A copy of the manual must be kept current at all times, and b…

37.106.2421 HOME INFUSION THERAPY AGENCY: INCORPORATION BY REFERENCE The department adopts and incorporates by reference United States Pharmacopoeia (USP) 31 General Chapter 797 Pharmaceutical Compounding - Sterile Preparations, June 1, 2008, which sets practice standards to help…

37.106.2422 HOME INFUSION THERAPY AGENCY: PHYSICAL REQUIREMENTS FOR PHARMACIES The pharmacy must have a designated area with entry restricted to designated personnel for preparing sterile products. This area must be: a separate room with a closed door, isolated from other areas w…

37.106.2423 HOME INFUSION THERAPY: DISPENSING OF STERILE PHARMACEUTICALS The pharmacy shall maintain a record of each sterile pharmaceutical dispensed for at least two years after the last dispensing activity. This record must include, but not be limited to: the products and quan…

37.106.2426 HOME INFUSION THERAPY: PHARMACY PERSONNEL (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, 50-5-213, MCA History: NEW, 1996 MAR p. 2587, Eff. 10/4/96; TRANS, from DHES, 2002 MAR p. 185; REP, 2009 MAR p. 1668, Eff. 9/25/09.

37.106.2430 HOME INFUSION THERAPY AGENCY: LABELING Parenteral pharmaceuticals dispensed to patients must have a permanent label with the following information: the name and contact information of the pharmacy including a phone number which provides access to a pharmacist 24 hours…

37.106.2431 HOME INFUSION THERAPY AGENCY: ANTINEOPLASTIC DRUGS The following requirements must be met by those pharmacies that prepare antineoplastic drugs to ensure the protection of the personnel involved: All antineoplastic drugs must be compounded in a vertical flow, Class II…

37.106.2432 HOME INFUSION THERAPY AGENCY: DISPOSAL OF ANTINEOPLASTIC, INFECTIOUS, AND HAZARDOUS WASTES Disposal of antineoplastic, infectious, and hazardous waste is governed by the Infectious Waste Management Act, Title 75, chapter 10, part 10, MCA. Authorizing statute(s): 50-5-…

37.106.2433 HOME INFUSION THERAPY AGENCY: DELIVERY OF MEDICATIONS The home infusion therapy agency shall ensure that medications are delivered according to the prescribed start of therapy so that the prescription for sterile pharmaceuticals can be implemented as ordered. Once the…

37.106.2501 RETIREMENT HOMES: DEFINITIONS In addition to those definitions in 50-5-101 , MCA, the following definitions apply to this subchapter: "Bedding" means mattresses, box springs, mattress covers, mattress pads, sheets, pillow slips, pillows, pillow covers, blankets, comfo…

37.106.2502 RETIREMENT HOMES: APPLICATION OF OTHER RULES To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of this subchapter, the terms of this subchapter will apply to retirement homes. Authorizing statute(s): 50-5-103, …

37.106.2505 RETIREMENT HOMES: FIRE AND BUILDING CODES APPROVAL The construction of or alteration, addition, or renovation to a retirement home must meet the requirements set forth in ARM 37.106.302. A retirement home must be inspected and certified on an annual basis for complian…

37.106.2506 RETIREMENT HOMES: POOLS, SPAS, AND OTHER WATER FEATURES The construction and operation of any swimming pool, spa, or other water feature, which serves a retirement home must comply with the licensing procedures and requirements of Title 50, chapter 53, MCA, and ARM 37…

37.106.2510 RETIREMENT HOMES: PHYSICAL REQUIREMENTS A retirement home must comply with the local and state building code and fire code. A retirement home must comply with the following physical requirements: There must be adequate and convenient janitorial facilities including a …

37.106.2511 RETIREMENT HOMES: ENVIRONMENTAL CONTROL Hand cleansing soap or detergent and individual towels must be available at each sink in food preparation areas and commonly shared areas of the facility. Towels for common use are not permitted. A waste receptacle must be locat…

37.106.2512 RETIREMENT HOMES: WATER SUPPLY AND WASTEWATER SYSTEMS The retirement home must meet the water supply and wastewater systems requirements in ARM 37.111.110 and 37.111.116. If a nonpublic water supply system is used, a retirement home must submit a water sample at least…

37.106.2513 RETIREMENT HOMES: SEWAGE SYSTEM (REPEALED) (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, 50-5-214, MCA History: NEW, 1996 MAR p. 1867, Eff. 7/4/96; TRANS, from DHES, 2002 MAR p. 185; REP, 2025 MAR, 37-1100, Eff. 2/22/25.

37.106.2514 RETIREMENT HOMES: SOLID WASTE In order to ensure that solid waste is safely stored and disposed of, a retirement home must: store all solid waste between collections in containers which have lids and are corrosion resistant, fly tight, watertight, and rodent proof; ut…

37.106.2520 RETIREMENT HOMES: LAUNDRY FACILITIES Laundry facilities utilized by a retirement home for laundering of its soiled laundry, including but not limited to bed linen, towels and washcloths, must be provided with: a mechanical washer and hot air tumble dryer. Manual washi…

37.106.2521 RETIREMENT HOMES: HOUSEKEEPING AND MAINTENANCE A retirement home must provide maintenance services. With respect to the provision of maintenance services, and housekeeping services, where a retirement home elects to provide those services to individual residents withi…

37.106.2522 RETIREMENT HOMES: FOOD SERVICE REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 50-5-103, MCA Implementing statute(s): 50-5-103, 50-5-214, MCA History: NEW, 1996 MAR p. 1867, Eff. 7/4/96; TRANS, from DHES, 2002 MAR p. 185; REP, 2025 MAR, 37-1100, Eff. 2/22/2…

37.106.2530 RETIREMENT HOMES: RESIDENT REGISTER A retirement home must maintain a register of all residents currently residing at the retirement home, noting for each resident, at a minimum, the resident's name and: room or apartment number; date of arrival; and date of departure…

37.106.2601 APPLICATION OF OTHER RULES To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the terms of ARM Title 37, chapter 106, subchapter 26, the terms of subchapter 26 will apply to adult day care centers. Authorizing statute(s):…

37.106.2602 GENERAL SERVICES, ADMINISTRATION AND STAFFING An adult day care center shall provide assistance with activities of daily living, including but not limited to eating, walking, and grooming. If an adult day care center is operated on the premises of another licensed hea…