HEALTH CARE FACILITIES

37.106.3002 EATING DISORDER CENTERS (EDC): DEFINITIONS "Clinical director" means a social worker, psychologist, or clinical professional counselor licensed under Title 37, MCA, who oversees an EDC's clinical services. A clinical director cannot be a licensure candidate. "Eating d…

37.106.3005 EATING DISORDER CENTERS (EDC): LICENSES The department shall issue a license from one to three years in duration for an EDC to any applicant meeting all the requirements established by these rules and the governing statutes, as determined by the department after a lic…

37.106.3006 EATING DISORDER CENTERS (EDC): LICENSING PROCEDURES An application for an EDC license must be made on an application form provided by the department and include plans required by ARM 37.106.306. The EDC must submit all written program management policies and procedure…

37.106.3009 EATING DISORDER CENTERS (EDC): WRITTEN POLICIES AND PROCEDURES In addition to requirements in ARM 37.106.330, the EDC policy and procedure manual must include information for: eligibility for services; client screenings and assessments; plan of care; client rights and…

37.106.301 DEFINITIONS The following definitions apply in this subchapter: "Administrator" means the individual responsible for the day-to-day operation of a health care facility. "Communicable disease" means a disease that may be transmitted directly or indirectly from one indiv…

37.106.3011 EATING DISORDER CENTERS (EDC): SERVICES REQUIRED An EDC must provide the follow services: outpatient therapy; family therapy; group therapy; nutritional counseling; and crisis services. Authorizing statute(s): 50-5-247, MCA Implementing statute(s): 50-5-247, MCA Histo…

37.106.3013 EATING DISORDER CENTERS (EDC): ELIGIBILITY FOR SERVICES An EDC must have written policies and procedures for determining eligibility for services that include: the criteria to determine eligibility for services; the information required to be collected to determine el…

37.106.3015 EATING DISORDER CENTERS (EDC): CLIENT SCREENING AND ASSESSMENTS An EDC must have a screening procedure for the early detection of risk of imminent harm to self or others. The procedure must: be completed on the first contact; and include a process for responding when …

37.106.3017 EATING DISORDER CENTERS (EDC): PLAN OF CARE An EDC must have a multi-disciplinary plan of care that is supervised and directed by the admitting psychiatrist, and consisting of adequate numbers of individuals licensed, registered, or certified in the physical and menta…

37.106.3019 EATING DISORDER CENTERS (EDC): GOVERNING BODY AND MANAGEMENT An EDC must identify an individual or individuals to constitute its governing body. The governing body must: exercise general policy, budget, and operating direction over the EDC; and appoint an administrato…

37.106.302 MINIMUM STANDARDS OF CONSTRUCTION: GENERAL REQUIREMENTS The provisions of this subchapter apply to all health care facilities licensed or to be licensed by the department. To the extent that other licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with…

37.106.3020 EATING DISORDER CENTERS (EDC): STAFFING REQUIREMENTS An EDC shall employ or contract with a medical director who must: coordinate with and advise EDC staff on medical services provided; participate in the development and approval of the program's policy and procedure …

37.106.3022 EATING DISORDER CENTERS (EDC): DISCHARGE OR TRANSFER An EDC must have written policies and procedures for discharge. The EDC must develop a discharge summary for each client no longer receiving services. The discharge summary must include: reason for discharge; a summ…

37.106.3025 EATING DISORDER CENTERS (EDC): CLINICAL RECORDS An EDC's clinical records must contain the following: the name, address, date of birth, and gender of the client; the name and contact information for the client's family and any legally authorized representative; be in …

37.106.3030 EATING DISORDER CENTERS (EDC): QUALITY ASSESSMENT An EDC shall implement and maintain an active quality assessment program using information collected to make improvements in the EDC's policies, procedures, and services. The program must include procedures for: conduc…

37.106.3033 EATING DISORDER CENTERS (EDC): CRISIS TELEPHONE SERVICES An EDC must provide crisis telephone services and comply with the following requirements: ensure that crisis telephone services are available 24 hours a day, seven days a week; an answering service or receptioni…

37.106.3036 EATING DISORDER CENTERS (EDC): CLIENT RIGHTS AND GRIEVANCES An EDC must develop and maintain a rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all clients. These rights must include: clients are admitted t…

37.106.3037 EATING DISORDER CENTERS (EDC): INTENSIVE OUTPATIENT PROGRAM In addition to the requirements established in this subchapter, an EDC providing intensive outpatient programs must comply with the requirements established in this rule. Intensive outpatient programs must be…

37.106.3038 EATING DISORDER CENTERS (EDC): PARTIAL HOSPITALIZATION PROGRAM In addition to the requirements established in this subchapter, an EDC providing partial hospitalization programs must comply with the requirements established in this rule. Partial hospitalization service…

37.106.306 SUBMISSION OF PLANS AND SPECIFICATIONS: HEALTH CARE FACILITY NEW CONSTRUCTION, ALTERATION OR ADDITION Prior to beginning construction of a new health care facility or before construction of an addition or alteration to a health care facility, the following plans and sp…

37.106.310 LICENSING: PROCEDURE FOR OBTAINING A LICENSE: ISSUANCE AND RENEWAL OF A LICENSE A completed license application form must be submitted to the department. The application must be obtained from the department. The administrator or designee of the health care facility mus…

37.106.3101 PURPOSE The purpose of these rules is to establish the minimum licensing requirements for the licensure of abortion clinics, pursuant to Title 50, chapter 20, part 9, MCA. For purposes of this subchapter, abortion clinics include facilities described at 50-20-901, MCA…

37.106.3102 MINIMUM STANDARDS FOR ABORTION CLINICS: LICENSING A clinic or other facility that performs surgical abortions or that provides abortion-inducing drugs to five or more patients each year must be licensed as an abortion clinic. The following are not abortion clinics and…

37.106.3103 MINIMUM STANDARDS FOR ABORTION CLINICS: PHYSICAL PLANT An abortion clinic must be constructed and maintained so as to prevent as much as possible the entrance and harborage of insects, rodents, and other vermin capable of transmitting disease including, without limita…

37.106.3104 MINIMUM STANDARDS FOR ABORTION CLINICS: POLICIES AND PROCEDURES Each abortion clinic must have a policy and procedure manual that is readily available to all facility staff, the department, and patients. A documented review/update to the policy and procedure manual mu…

37.106.3105 MINIMUM STANDARDS FOR ABORTION CLINICS: MEDICAL DIRECTOR QUALIFICATIONS An abortion clinic must have a medical director who has a current physician license in good standing with the Montana Board of Medical Examiners. The medical director must obtain 8 continuing educ…

37.106.3106 MINIMUM STANDARDS FOR ABORTION CLINICS: STAFF FILES The facility is responsible for maintaining a file on each employee. Employee files may be inspected by the department at any time. If the file is not maintained at the facility, it must be made available to the depa…

37.106.3107 MINIMUM STANDARDS FOR ABORTION CLINICS: PATIENT FILES An individual clinical record must be established for each person receiving care. Each record must be accurate, legible, and promptly completed. The record must include at least the following: patient identificatio…

37.106.3108 MINIMUM STANDARDS FOR ABORTION CLINICS: SANITATION Each abortion clinic must ensure the premises and equipment be kept clean and free of vermin capable of transmitting disease, including without limitation, rats, mice, mosquitos, and flies. An abortion clinic must pro…

37.106.3109 MINIMUM STANDARDS FOR ABORTION CLINICS: EMERGENCY PROCEDURES Staff trained in the use of emergency equipment and in cardiopulmonary resuscitation must be available whenever there is a patient in the abortion clinic. The following equipment shall be available to the op…

37.106.311 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: FOOD SERVICE ESTABLISHMENTS (REPEALED) Authorizing statute(s): 50-5-103, 50-5-404, MCA Implementing statute(s): 50-5-103, 50-5-204, 50-5-404, MCA History: NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS, from DHES, 2002 MAR …

37.106.3110 MINIMUM STANDARDS FOR ABORTION CLINICS: ANESTHESIA The abortion clinic must: prohibit the use of flammable anesthesia; have a policy which defines the types of anesthesia that will be used within the abortion clinic; conduct an assessment prior to the patient's admiss…

37.106.3111 MINIMUM STANDARDS FOR ABORTION CLINICS: QUALITY ASSURANCE Abortion clinics must have a quality assurance program that: is ongoing; is data-driven; is broad in scope; addresses clinical and administrative issues as well as actual patient outcomes; has a defined set of …

37.106.3112 MINIMUM STANDARDS FOR ABORTION CLINICS: INFECTION PREVENTION AND CONTROL The abortion clinic must maintain an infection prevention and control program that seeks to minimize infections and communicable diseases. The abortion clinic is responsible for providing a plan …

37.106.3113 MINIMUM STANDARDS FOR ABORTION CLINICS: SAFETY The abortion clinic must designate a safety officer who is responsible for the facility's safety plan. The abortion clinic must have a safety program which addresses the organization's environment of care and safety for a…

37.106.3114 MINIMUM STANDARDS FOR ABORTION CLINICS: EMERGENCY PREPAREDNESS Abortion clinics must develop a written disaster plan in conjunction with emergency services in the community. Abortion clinics must conduct a review or physical exercise of such procedures at least once a…

37.106.312 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: BLOOD BANK AND TRANSFUSION SERVICES (REPEALED) Authorizing statute(s): Implementing statute(s): 50-5-103 and 50-5-404, MCA History: IMP, Sec. 50-5-103, 50-5-204 and 50-5-404, MCA; NEW, 1980 MAR p. 1587, Eff. 6/13/80; AM…

37.106.313 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: COMMUNICABLE DISEASE CONTROL All health care facilities shall develop and implement an infection prevention and control program. At a minimum, the facility must develop, implement, and review, at least annually, written…

37.106.314 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: MEDICAL RECORDS A health care facility must initiate and maintain a safe, secure, and confidential medical record for each patient, resident, or client. A health care facility, excluding a hospital, shall retain a patie…

37.106.315 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: EMPLOYEE FILES The facility is responsible for maintaining a file on each employee and substitute personnel. Employee files may be inspected by the department at any time. If the file is not maintained at the facility i…

37.106.316 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: SECURED CARE UNIT WITHIN A LICENSED LONG-TERM HEALTH CARE FACILITY All rules in this subchapter apply to secured care units. Special locking arrangements as specified in the "NFPA 101: Life Safety Code Handbook", 2012 E…

37.106.320 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: PHYSICAL PLANT AND EQUIPMENT MAINTENANCE Each facility must have a written maintenance program describing the procedures to keep the building, grounds, and equipment in good repair and free from hazards. A health care f…

37.106.321 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: ENVIRONMENTAL CONTROL A health care facility must be constructed and maintained so as to prevent entrance and harborage of rats, mice, insects, flies, or other vermin. Hand cleansing soap or detergent and individual tow…

37.106.322 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: DISASTER PLAN All health care facilities must develop a written disaster plan as follows: skilled nursing facilities (long-term care), outpatient centers for primary care, outpatient centers for surgical services, criti…

37.106.330 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: WRITTEN POLICY AND PROCEDURE A current written policy and procedure manual that describes all services provided in the health care facility must be developed, implemented, and maintained at the facility. The manual must…

37.106.331 MINIMUM STANDARDS FOR ALL HEALTH CARE FACILITIES: LAUNDRY AND BEDDING If a health care facility processes its laundry on the facility site, it must: use rooms solely for laundry purposes; equip the laundry room with at least one mechanical washer and hot air tumble dry…

37.106.401 MINIMUM STANDARDS FOR A HOSPITAL: GENERAL REQUIREMENTS A hospital shall comply with the Conditions of Participation for Hospitals in 42 CFR subchapter G part 482. If a hospital provides skilled nursing care or intermediate nursing care, as those levels of care are defi…

37.106.402 MINIMUM STANDARDS FOR A HOSPITAL: MEDICAL RECORDS Medical records shall comply with the following requirements: A patient's entire medical record must be maintained, in either its original form or that allowed by ARM 37.106.314(3) , for not less than 10 years following…

37.106.403 MINIMUM STANDARDS FOR A HOSPITAL: HOSPITAL RECORDS Hospital records must be maintained. Authorizing statute(s): Sec. 50-5-103 and 50-5-404, MCA Implementing statute(s): Sec. 50-5-103, 50-5-106 and 50-5-404, MCA History: NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS, from …

37.106.404 MINIMUM STANDARDS FOR A HOSPITAL: LABORATORIES A hospital laboratory shall comply with the Conditions for Coverage of Services of Independent Laboratories as set forth in 42 CFR 405.1310, 405.1311, 405.1314, 405.1316, and 405.1317. A copy of the cited rules is availabl…