Montana Administrative Code

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37.106.1482 HALFWAY HOUSE COMMUNITY-BASED RESIDENTIAL PROGRAM REQUIREMENTS (REPEALED) Authorizing statute(s): 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p. 2975, Eff.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37.106.1487 HALFWAY HOUSE SINGLE GENDER RESIDENTIAL HOMES (ASAM LEVEL III.5 – HIGH INTENSITY) (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p.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37.106.1491 HALFWAY HOUSE COMMUNITY-BASED SINGLE GENDER RESIDENTIAL HOMES (ASAM LEVEL III.1 – LOW INTENSITY) (REPEALED) Authorizing statute(s): 50-5-103, 53-24-208, MCA Implementing statute(s): 50-5-101, 50-5-103, 53-24-208, 53-24-209, 76-2-411, MCA History: NEW, 2010 MAR p.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…

37.106.1624 FOOD SERVICE A forensic mental facility (FMHF) must establish and maintain standards relative to food sources, refrigeration, refuse handling, pest control, storage, preparation, procuring, serving, handling food, and dish washing procedures that are sufficient to pre…

37.106.1701 SCOPE A behavioral health inpatient facility (BHIF) is intended to provide secured inpatient psychiatric treatment for up to 16 persons, 18 years of age or older, involuntarily committed or detained, or to persons seeking treatment voluntarily. While a BHIF is defined…

37.106.1702 PURPOSE The purpose of these rules is to establish minimum state health care facility/service licensing standards for secured nonhospital based inpatient psychiatric treatment for persons who may also have co-occurring substance use disorders; who are involuntarily co…

37.106.1703 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 shall apply to a behavioral health inpatient facility. Authorizing statute(s): 53-21…

37.106.1704 DEFINITIONS For the purposes of this subchapter, the following definitions apply: "Administrator" means the person designated on the facility application or by written notice to the department as the person responsible for the daily operation of the facility and for t…

37.106.1705 LICENSE APPLICATION PROCESS Application for a health care facility/service license accompanied by the required fee shall be made to the Department of Public Health and Human Services, Quality Assurance Division, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, …

37.106.1708 GOVERNING BODY The licensee must establish a governing body with responsibility for operating and maintaining the BHIF. The governing body must include the facility's medical director and the facility administrator. The governing body provides organizational guidance …

37.106.1709 MEDICAL DIRECTOR Each facility shall employ or contract with a medical director who shall: coordinate with and advise the staff of the facility on clinical matters; provide direction, consultation, and training regarding the facility programs and operations as needed;…

37.106.1710 ADMINISTRATOR RESPONSIBILITIES Each facility shall employ an administrator who shall: be responsible for operation of the facility at all times and shall ensure 24-hour supervision of the patients; maintain daily overall responsibility for the facility operations; dev…

37.106.1711 ADMINISTRATOR ABSENCE In the absence of the administrator, a staff member must be designated to oversee the operation of the facility during the administrator's absence. The administrator or designee shall be in charge, on call and physically available on a daily basi…

37.106.1712 DIRECT CARE AND OTHER EMPLOYEES Employees shall receive orientation and training in areas relevant to the employee's duties and responsibilities including: an overview of the facility's policies and procedure manual in areas relevant to the employee's job responsibili…

37.106.1713 PERSONNEL RECORDS The facility is responsible for establishing, maintaining, and securing a file on each employee, substitute personnel, intern, volunteer, and contractor. The following documentation from personnel files must be made available to the department at all…

37.106.1717 WRITTEN POLICIES AND PROCEDURES Each BHIF shall maintain a policy and procedure manual. The policy and procedure manual shall be reviewed and updated as necessary, but at least annually. The manual shall contain but not be limited to policies and procedures for: notif…

37.106.1718 CLINICAL RECORDS A patient clinical record shall be created upon the patient's admission to the BHIF. The clinical records must comply with the requirements of 53-21-165 and 53-21-166, MCA. Clinical records must be retained for five years following the date of dischar…

37.106.1719 PATIENT ASSESSMENTS The facility shall utilize a multidisciplinary team which may include but is not limited to the patient, social workers, addiction counselors, licensed mental health professionals, licensed practical nurses, mental health technicians, peer support …

37.106.1720 INDIVIDUALIZED TREATMENT PLANNING Based upon the findings of the assessment(s), the facility shall initiate an individualized treatment plan for each patient within 24 hours of admission. The treatment plan must conform to requirements outlined in 53-21-162, MCA, be c…

37.106.1724 RESTRAINT AND SECLUSION The facility must be capable of providing restraint or seclusion and must ensure that the restraint or seclusion is performed in compliance with 53-21-146, MCA. Restraint and seclusion must be performed in a manner that is safe, proportionate a…

37.106.1725 PATIENT RIGHTS Patients admitted to a behavioral health inpatient facility shall be afforded all of the rights of a patient provided for in Title 53, chapter 21, part 1, MCA, Treatment of the Seriously Mentally Ill. A copy of these rights shall be posted in a conspicu…

37.106.1726 SECURITY The facility shall develop security policies which address the following: securing the treatment unit; development of an emergency, fire, disaster, evacuation, and response plan; and summoning outside assistance from local emergency responders in the event of…

37.106.1727 QUALITY ASSESSMENT Each facility shall implement and maintain an active quality assessment program using information collected to make improvements in the facility's policies, procedures, and services. At a minimum, the program must include procedures for: conducting …

37.106.1730 DISCHARGE The patient must be provided with an aftercare plan upon discharge. Each facility shall prepare a discharge plan for each patient no longer receiving services. The discharge plan must include: the reason for discharge; a summary of the services provided by t…

37.106.1731 TRANSFER/DISCHARGE TO ANOTHER FACILITY A patient may be discharged and transferred to another facility pursuant to 53-21-111, MCA, at any time. Transfer protocols include but are not limited to: transferring facility will contact the receiving facility to determine if…