HEALTH CARE FACILITIES

37.106.1426 REPORTING REQUIREMENTS All serious incidents, as defined in ARM 37.106.1413, must be reported to the Department of Public Health and Human Services, Office of Inspector General, Licensure Bureau, within 24 hours. The report must be in writing and must include: the dat…

37.106.1427 ABUSE OR NEGLECT REQUIREMENTS A substance use disorder facility (SUDF) must require each staff member to read and sign a statement that: clearly defines child abuse and neglect as defined in 41-3-102, MCA; clearly defines abuse, neglect, and exploitation of an older p…

37.106.1430 PERSONNEL POLICY MANUAL REQUIREMENTS Thesubstance use disorder facility (SUDF) musthave a written personnel policy manual whichincludes the following: screening and hiring procedures for all applicants including criminal and protective service history disqualifiers th…

37.106.1432 PERSONNEL FILE REQUIREMENTS Thesubstance use disorderfacility (SUDF)mustmaintain a current secured personnel file for eachstaff member. The file must include: a criminalhistory background information check; a Montana Child Protective Services check for SUDFsserving or…

37.106.1434 STAFF MEMBER TRAINING A substance use disorder facility (SUDF) must have written policies, procedures, and initial and ongoing training curriculum to meet minimum requirements in this rule. All staff members supervising, or providing, direct contact with clients must …

37.106.1435 TRAINEES/INTERNS OR VOLUNTEER REQUIREMENTS Ifthe substance use disorder facility (SUDF)participates in a trainee/intern practicum or has volunteers, they must have the following: policies and practices assuring the safety of clients; a description of thetraining or vo…

37.106.1440 CLINICAL REQUIREMENTS Each client must have an individualized treatment plan (ITP) developed by an interdisciplinary treatment team. ITPs must include: the client's name, diagnoses, treatment plan date, and treatment plan review dates; the names of treatment team memb…

37.106.1450 CLIENT RIGHTS The substance use disorder residential facility (SUDF) must develop and maintain a client rights policy that supports and protects the state and federal constitutional and statutory rights, including civil rights, of all clients.These must include the ri…

37.106.1452 CLIENT RECORD MAINTENANCE AND SYSTEM REQUIREMENTS Eachsubstance use disorder facility (SUDF)must have a comprehensive secure client record system maintained in accordance with 42 CFR Part 2. Each SUDF must have written procedures which regulate and control access to a…

37.106.1454 CLIENT RECORD CONTENT REQUIREMENTS Thesubstance use disorderresidential facility (SUDF)mustdevelop and implement procedures toensure each client recordis available on-site andincludes: demographic information; a substance related disorder diagnosis and supporting docu…

37.106.1455 ADOLESCENT FACILITIES In addition to policies required throughout this rule, a SUDF licensed to serve adolescents must have written policies and procedures that address: limiting admission to adolescents 17 years of age or younger or adolescents 18, 19, and 20 years o…

37.106.1456 CARE MANAGEMENT In addition to the requirements established in this subchapter, each SUDF must provide care management services and comply with the requirements established in this rule. A care manager must have a bachelor's degree in a human services field, an equiva…

37.106.1457 MEDICATION STORAGE AND ADMINISTRATION A substance use disorder facility (SUDF) must have a written policy addressing requirements for the storage, administration, and disposal of prescription, nonprescription, and over-the-counter medication. Policies must include pro…

37.106.1458 COMMUNICABLE DISEASE CONTROL The SUDF must develop and implement an infection prevention and control program and review the program annually. The SUDF must have written policies and procedures regarding infection prevention and control which include: procedures to ide…

37.106.1460 QUALITY MANAGEMENT REQUIREMENTS Thesubstance use disorder facility(SUDF) musthave a quality management committee that isrepresentative of the SUDF's administration and staff members. The quality management committee must meet on a quarterly basis andis responsible for…

37.106.1462 REQUIRED OUTCOME MEASURES (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 76-2-411, MCA History: NEW, 2010 MAR p. 2975, Eff. 12/24/10; REP, 2022 MAR p. 1889, Eff. 9/24/22.

37.106.1466 PETS When pets are kept on the premises, the SUDF must write and adhere to procedures for their care and maintenance. When animals are kept on the premises, the following conditions must be met: proof of current vaccinations must be kept on file at the facility; pets …

37.106.1467 FOOD SERVICE An inpatient or residential SUDF must establish policies and procedures for standards relative to safe food handling, storage, preparation, and serving, to prevent food spoilage and the transmission of infectious disease.The policies and procedures must i…

37.106.1468 OUTPATIENT SUBSTANCE USE DISORDER FACILITY To be licensed to provide SUD services in an outpatient setting, a SUDF must meet the following staffing requirements: clinical director; licensed addiction counselors or mental health professionals in sufficient numbers to p…

37.106.1469 ASAM 2.5 PARTIAL HOSPITALIZATION SUBSTANCE USE DISORDER FACILITY To be licensed to provide ASAM 2.5 services as outlined in the ASAM Criteria, a SUDF must meet the following staffing requirements: clinical director; licensed addiction counselors or mental health profe…

37.106.1470 FACILITY REQUIREMENTS In addition to requirements found in ARM 37.106.320, substance use disorder facilities (SUDF) must comply with additional requirements in this rule. Facilities must be accessible to a person with a physical disability. If aSUDF is unable to provi…

37.106.1471 ASAM 3.1 CLINICALLY MANAGED LOW INTENSITY RESIDENTIAL (ADULT OR ADOLESCENT) SUBSTANCE USE DISORDER FACILITY To be licensed to provide ASAM 3.1 services as outlined in the ASAM Criteria, a SUDF must meet the following staffing requirements: clinical director; licensed …

37.106.1472 ASAM 3.3 CLINICALLY MANAGED POPULATION-SPECIFIC HIGH INTENSITY RESIDENTIAL (ADULT ONLY) SUBSTANCE USE DISORDER FACILITY To be licensed to provide ASAM 3.3 services as outlined in the ASAM Criteria, a SUDF mustprovide on-site 24-hour awake staffing andmeet the followin…

37.106.1473 ASAM 3.5 CLINICALLY MANAGED HIGH INTENSITY RESIDENTIAL (ADULT)/MEDIUM INTENSITY RESIDENTIAL (ADOLESCENT) SUBSTANCE USE DISORDER FACILITY REQUIREMENTS To be licensed to provide ASAM 3.5 services as outlined in the ASAM Criteria, a SUDF must provide on-site 24-hour awak…

37.106.1475 ASAM 3.7 MEDICALLY MONITORED INTENSIVE INPATIENT REQUIREMENTS To be licensed to provideASAM3.7 services, as outlined in the ASAM criteria, a substance use disorder facility(SUDF)must meet the following staffing requirements: a medical director that oversees the treatm…

37.106.1480 WITHDRAWAL MANAGEMENT PROGRAM REQUIREMENTS To be licensed to provideclinically managed residential withdrawal managementdefined as ASAM 3.2-WM, a provider mustbe licensed as an inpatient or residential health care facility program pursuant to 50-5-101, MCA, and meet t…

37.106.1482 HALFWAY HOUSE COMMUNITY-BASED RESIDENTIAL PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p. 2975, Eff. 12/24/10; REP, 2022 MAR p. 1889, Eff.…

37.106.1485 SINGLE SEX PARENT AND CHILDREN REQUIREMENTS In addition to the licensing requirements in ARM 37.106.1471, a SUDF operating as a single sex parent and children ASAM 3.1 facility, must meet the following requirements: care management services must address the needs of t…

37.106.1487 HALFWAY HOUSE SINGLE GENDER RESIDENTIAL HOMES (ASAM LEVEL III.5 – HIGH INTENSITY) (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p. 2975, Eff. 12/24/10…

37.106.1489 HALFWAY HOUSE SINGLE GENDER COMMUNITY-BASED RESIDENTIAL HOMES (ASAM LEVEL III.3 – MEDIUM INTENSITY) Community-based single gender residential homes for individuals with substance use disorders may be located in residential neighborhoods, comparable to other homes in t…

37.106.1491 HALFWAY HOUSE COMMUNITY-BASED SINGLE GENDER RESIDENTIAL HOMES (ASAM LEVEL III.1 – LOW INTENSITY) (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p. 2975…

37.106.1505 MINIMUM STANDARDS FOR A HOME HEALTH AGENCY A home health agency shall comply with the Conditions of Participation for Home Health Agencies as set forth in 42 CFRsubchapter Gpart 484. A copy of the cited requirements may be obtained fromthe Department of Public Health …

37.106.1506 MINIMUM STANDARDS FOR A HEALTH MAINTENANCE ORGANIZATION (REPEALED) Authorizing statute(s): Sec. 50-5-103 and 50-5-404, MCA Implementing statute(s): Sec. 50-5-103, 50-5-204 and 50-5-404, MCA History: NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS, from DHES, 2002 MAR p. 18…

37.106.1601 PURPOSE These rules establish minimum standards for a licensed mental health center to operate a secured forensic mental health facility (FMHF) for adults who are committed for custody, care, treatment, or evaluation pursuant to Title 46, chapter 14, MCA, or who are i…

37.106.1602 SCOPE A forensic mental health facility (FMHF) of a licensed mental health center provides twenty-four hour, seven days a week, secured nonhospital-based forensic mental health services for adults who are: committed to a mental health facility for evaluation of fitnes…

37.106.1603 APPLICATION OF RULES In addition to the requirements established in this subchapter, a licensed mental health center operating a forensic mental health facility (FMHF) must have an FMHF program endorsement issued by the department. To receive an FMHF program endorseme…

37.106.1604 APPLICATION OF OTHER RULES In addition to the requirements established in this subchapter, each licensed mental health center operating a forensic mental health facility (FMHF) must comply with all the requirements established in ARM Title 37, chapter 106, subchapter …

37.106.1605 DEFINITIONS "Adult" means an individual 18 years of age and older. "Emergency situation" has the meaning given to it by 53-21-102, MCA. "Forensic mental health services" means mental health services for persons referred for care, custody, treatment, or evaluation by o…

37.106.1608 CONSTRUCTION REQUIREMENTS Prior to construction or operation of a forensic mental health facility (FMHF), floor plans for the FMHF must be submitted to the department for review, comment, and approval. The department must also inspect and approve any new construction …

37.106.1609 SECURED UNITS A forensic mental health facility (FMHF) must have one or more separate secured unit(s) within the facility for housing clients that includes bedrooms and common space. A secured unit must be staffed at all times clients are present in the unit. A secure…

37.106.1610 COMMON USE AREAS A forensic mental health facility (FMHF) must have an area for social activities at a minimum of 25 square feet per client. An FMHF must have a quiet area for clients to utilize according to facility policy. An FMHF must have a dining space at a minim…

37.106.1611 OBSERVATION AND SECLUSION ROOM(S) A forensic mental health facility must designate specific room(s) designed for observation, seclusion, and restraint purposes. The location of these rooms must facilitate staff observation and monitoring of clients in these areas. The…

37.106.1614 WRITTEN POLICIES AND PROCEDURES As required in ARM 37.106.1908, a forensic mental health facility (FMHF) must maintain a policy and procedure manual. The policy and procedure manual must be reviewed and updated as necessary, but at a minimum annually. In addition to t…

37.106.1615 SECURITY A forensic mental health facility (FMHF) must develop security policies and procedures. At a minimum the policies and procedures must address the following: securing the facility; summoning outside assistance in the event of an emergency; addressing relevant …

37.106.1616 INVOLUNTARY MEDICATION ADMINISTRATION A forensic mental health facility (FMHF) must develop and implement a policy for involuntary medication administration that includes: procedures for use in an immediate emergency or an emergency situation to ensure the physical sa…

37.106.1617 RESTRAINT AND SECLUSION A forensic mental health facility (FMHF) must be capable of providing restraint or seclusion and must ensure that such restraint or seclusion is performed in compliance with 53-21-146, MCA. The use of medication solely for restraint is prohibit…

37.106.1618 STAFFING REQUIREMENTS Employees of a forensic mental health facility (FMHF) must be 18 years of age and possess a high school diploma or general equivalency diploma (GED) at a minimum. Employees must receive orientation and training in areas relevant to the employee's…

37.106.1621 CLIENT ADMISSION A forensic mental health facility (FMHF) must develop and implement a written policy regarding admission into the facility for the persons identified in ARM 37.106.1602. The policy must include a screening process to identify and exclude from admissio…

37.106.1622 CLIENT DISCHARGE AND TRANSFER A forensic mental health facility (FMHF) must develop and implement a discharge and transfer policy for discharging a client from the FMHF to another facility. The policy must include procedures for secure transportation of clients. The f…

37.106.1623 CLIENT RIGHTS AND GRIEVANCES Clients admitted to a forensic mental health facility (FMHF) must be afforded all of the rights provided for persons admitted to a mental health facility in Title 53, chapter 21, part 1, MCA. A copy of these rights must be posted in each s…