Montana Administrative Code

37.100.162 ADULT FOSTER CARE HOMES (AFCH): RESIDENT AGREEMENT The provider must enter into a written agreement with the prospective resident or the resident's legal representative prior to admission to the home. The provider must give the prospective resident or the resident's le…

37.100.165 ADULT FOSTER CARE HOMES (AFCH): GENERAL REQUIREMENTS FOR PROVIDERS AND STAFF Providers and staff must be at least 18 years of age or older. Providers and staff must be in good physical and mental health. An applicant, provider, staff, and each adult living in the AFCH …

37.100.170 ADULT FOSTER CARE HOMES (AFCH): GRIEVANCES The provider must have a written grievance policy which outlines the procedures to be followed by a resident in presenting a grievance to the family concerning his care in the home. A resident's written grievance report must b…

37.100.171 ADULT FOSTER CARE HOMES (AFCH): COMMUNICABLE DISEASE CONTROL The AFCH must develop and implement an infection prevention and control program. At a minimum: The provider will develop, implement, and review, at least annually, written policies and procedures regarding in…

37.100.172 ADULT FOSTER CARE HOMES (AFCH): PETS When pets are kept on the premises, the provider must write and adhere to procedures for their care and maintenance. The AFCH will consult with the local health department and care for all pets as recommended by them. When animals a…

37.100.175 ADULT FOSTER CARE HOMES (AFCH): PROHIBITED PRACTICES An AFCH must not subject any resident to restraint, isolation, corporal punishment, personal humiliation, or the withholding of meals, water, clothing, mail, or visits. A provider, staff, or any person living in the …

37.100.301 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PURPOSE The purpose of these rules is to establish licensing requirements for community homes for developmentally disabled persons. The purpose of a community home is to provide a family-oriented, home-like r…

37.100.302 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: DEFINITIONS For purposes of this subchapter, the following definitions apply: "Applicant" means a non-profit or state-operated entity which has completed and submitted to the department a license application/…

37.100.307 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSE REQUIRED The department will issue a license for a community home to any license applicant meeting requirements established by these rules. However, the department may waive in whole or in part proced…

37.100.308 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSING PROCEDURES An applicant shall apply for a community home license prior to the operation of such home or to the expiration of a current license. Application shall be made to the department upon forms…

37.100.312 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: LICENSE REVOCATION, DENIAL OR SUSPENSION The department may deny, revoke or suspend a community home license by written notification to the provider if the department determines that: the facility is not in c…

37.100.313 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 53-20-305, MCA Implementing statute(s): Sec. 2-4-201 and 53-20-305, MCA History: NEW, 1994 MAR p. 2939, Eff. 11/11/94…

37.100.316 FAIR HEARING Any person, corporation or other entity aggrieved by an adverse department action denying, revoking or suspending a license may request a fair hearing in accordance with ARM 37.5.304 , 37.5.305 , 37.5.307 , 37.5.310 , 37.5.311 , 37.5.313 , 37.5.316 , 37.5.…

37.100.320 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: FIRE, HEALTH AND SAFETY CERTIFICATION Community homes are required by the Montana department of justice to comply with the fire safety requirements and procedures found in ARM 23.7.110 . A community home must…

37.100.321 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: PHYSICAL SITE REQUIREMENTS The community home shall be located to facilitate the use of community resources. If the home is not within walking distance of community shopping, recreational and other community …

37.100.322 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: STAFFING; STAFF RESPONSIBILITIES AND QUALIFICATIONS The provider shall have a sufficient number of appropriately qualified staff to supervise, care for, and train residents. There shall be a minimum of one st…

37.100.325 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RESIDENT SUPPLIES AND EQUIPMENT The provider shall provide the following: a separate bed of proper size and height for the resident; clean, comfortable mattress and appropriate bedding which shall be changed …

37.100.330 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RIGHTS Intervention for the purposes of training shall be the least intrusive into, and the least disruptive of, the person's life and represent the least departure from normal patterns of living that can be …

37.100.331 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: HEALTH CARE The provider shall assure each individual of appropriate health care by providing or arranging for: a primary physician for each resident to provide for health needs; at least an annual health che…

37.100.335 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RESIDENT'S MONEY AND PERSONAL PROPERTY The provider shall insure that the resident's personal money and personal property is not appropriated or misused by any other person or by the provider and its staff. T…

37.100.340 COMMUNITY HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES: RECORD KEEPING The provider shall maintain a written record at the community home for each resident which shall include detailed administrative, training, and educational data. The resident's record shall inc…

37.100.401 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PURPOSE The purpose of these rules is to establish licensing requirements for community homes for physically disabled persons. The purpose of a community home is to provide a family-oriented, home-like residence a…

37.100.402 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: DEFINITIONS For purposes of this subchapter, the following definitions apply: "Community home for persons with physical disabilities" means a family-oriented residence designed to provide residential services for …

37.100.407 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSE REQUIRED The department will issue a license for a community home to any license applicant meeting requirements established by these rules. However, the department may waive in whole or in part procedures …

37.100.408 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSING PROCEDURES An applicant shall apply for a community home license prior to the operation of such home or to the expiration of a current license.Application shall be made to the department upon forms provi…

37.100.412 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: LICENSE REVOCATION, DENIAL OR SUSPENSION The department may deny, revoke or suspend a community home license by written notification to the provider if the department determines that: the facility is not in compli…

37.100.413 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PERSONS AFFECTED BY DEPARTMENT RECORDS (REPEALED) Authorizing statute(s): Sec. 2-4-201 and 52-4-205, MCA Implementing statute(s): Sec. 2-4-201 and 52-4-203, MCA History: NEW, 1994 MAR p. 2939, Eff. 11/11/94; TRANS…

37.100.416 PHYSICALLY DISABLED GROUP HOMES, FAIR HEARING Any person, corporation or other entity aggrieved by an adverse department action denying, revoking or suspending a license may request a fair hearing in accordance with ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311,…

37.100.420 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: FIRE SAFETY CERTIFICATION Community homes are required by the Montana department of justice to comply with the fire safety requirements and procedures found in ARM 23.7.110. A community home must comply with the c…

37.100.421 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH AND SAFETY CERTIFICATION A community home will only be licensed by the department if there is written certification from the local or state health authority that the home meets the following requirements: F…

37.100.422 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: STAFFING; STAFF RESPONSIBILITIES AND QUALIFICATIONS The provider shall have a sufficient number of appropriately qualified staff to supervise, care for, and train residents. During the hours of 7 a.m. to 10 p.m. t…

37.100.423 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: PHYSICAL SITE REQUIREMENTS The community home shall be located to facilitate the use of community resources. If the home is not within walking distance of shopping, recreational and other community services, trans…

37.100.427 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RESIDENT SUPPLIES AND EQUIPMENT The provider shall provide the following: a separate bed of proper size and height for the resident; clean, comfortable mattress and appropriate bedding which shall be changed as ne…

37.100.430 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RIGHTS Intervention for the purposes of assisting and training residents shall be the least intrusive into, and the least disruptive of, the person's life and represent the least departure from normal patterns of …

37.100.431 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: HEALTH CARE The provider shall assure each individual of appropriate health care by providing or arranging for: a primary physician for each resident to provide for health needs; at least an annual health check-up…

37.100.435 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RESIDENT'S MONEY AND PERSONAL PROPERTY The provider shall insure that the resident's personal money and personal property is not appropriated or misused by any other person or by the provider and its staff. The pr…

37.100.440 COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: RECORD KEEPING The provider shall maintain a written record at the community home for each resident which shall include detailed administrative, training, and educational data. The resident's record shall include …

37.104.101 DEFINITIONS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; AMD, 1997 MAR p. 1201, Eff. 7/8/97; TRANS, from DHES, 2001 MAR p. 2305; AMD, 2006 MAR p. 229, Eff. 12/23/05; AMD, 2006 MAR p…

37.104.102 PERSONNEL: AEMT GROUND AMBULANCE SERVICE (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2010 MAR p. 535, Eff. 2/26/10; AMD, 2014 MAR p. 122, Eff. 1/17/14; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.105 LICENSE TYPES AND LEVELS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-306, 50-6-323, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; TRANS, from DHES, 2001 MAR p. 2305; AMD, 2005 MAR p. 2681, Eff. 12/23/05; AMD, 2010 MAR p. 535, Eff. …

37.104.106 LICENSE APPLICATION REQUIREMENTS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-306, 50-6-313, 50-6-323, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; TRANS, from DHES, 2001 MAR p. 2305; AMD, 2005 MAR p. 2681, Eff. 12/23/05; AMD, 2018…

37.104.107 WAIVERS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-325, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; AMD, 1997 MAR p. 1201, Eff. 7/8/97; TRANS, from DHES, 2001 MAR p. 2305; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.108 ADVERTISING RESTRICTIONS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.109 BASIC LIFE SUPPORT SERVICE LICENSING (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; AMD, 2006 MAR p. 2420, Eff. 10/6/06; AMD, 2010 MAR p. 535, Eff. 2/26/10; AMD, 2014 MAR p. 122, Ef…

37.104.110 SERVICE OPERATION (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.111 NONTRANSPORTING MEDICAL UNIT (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.112 STANDARD OF CARE (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.114 LICENSE RENEWALS (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, MCA History: NEW, 2005 MAR p. 2681, Eff. 12/23/05; REP, 2023 MAR p. 1020, Eff. 9/9/23.

37.104.115 APPEAL FROM ORDER (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-323, 50-6-327, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; AMD, 1997 MAR p. 1201, Eff. 7/8/97; TRANS, from DHES, 2001 MAR p. 2305; REP, 2023 MAR p. 1020, Eff. 9/9/23.…

37.104.120 ADVISORY COMMITTEE (REPEALED) Authorizing statute(s): 50-6-323, MCA Implementing statute(s): 50-6-324, MCA History: NEW, 1989 MAR p. 2212, Eff. 1/1/90; TRANS, from DHES, 2001 MAR p. 2305; REP, 2023 MAR p. 1020, Eff. 9/9/23.