Montana Administrative Code

37.106.2873 ADMINISTRATOR QUALIFICATIONS: CATEGORY B An assisted living category B facility must be administered by a person who, in addition to the requirements found in ARM 37.106.2814, has one or more years experience working in the field of geriatrics or caring for disabled r…

37.106.2874 DIRECT CARE STAFF QUALIFICATIONS: CATEGORY B In addition to the requirements found in ARM 37.106.2816, each nonprofessional staff providing direct care in an assisted living category B facility shall show documentation of in-house training related to the care and serv…

37.106.2875 RESIDENT HEALTH CARE PLAN: CATEGORY B Within 21 days of admission to a category B status, the administrator or designee shall assure that a written resident health care assessment and resident certification is performed on each category B resident. Each initial health…

37.106.2879 INCONTINENCE CARE: CATEGORY B In order to maintain normal bladder and bowel functions, the facility shall provide individualized attention to each resident that meets the following minimum standards: the facility shall provide a resident who is incontinent of bowel or…

37.106.2880 PREVENTION AND CARE OF PRESSURE SORES: CATEGORY B A resident shall receive skin care that meets the following standards: the facility shall practice preventive measures to identify those at risk and maintain a resident's skin integrity; and an area of broken or damage…

37.106.2884 SEVERE COGNITIVE IMPAIRMENT: CATEGORY B (REPEALED) Authorizing statute(s): Sec. 50-5-103, 50-5-226 and 50-5-227, MCA Implementing statute(s): Sec. 50-5-225, 50-5-226 and 50-5-227, MCA History: NEW, 2002 MAR p. 3638, Eff. 12/27/02; REP, 2004 MAR p. 1146, Eff. 5/7/04.…

37.106.2885 ADMINISTRATION OF MEDICATIONS: CATEGORY B Written, signed practitioner orders shall be documented in all category B resident facility records by a legally authorized person for all medications and treatments which the facility is responsible to administer. Medication …

37.106.2886 MEDICATIONS: RECORDS AND DOCUMENTATION: CATEGORY B (REPEALED) Authorizing statute(s): 50-5-103, 50-5-226, 50-5-227, MCA Implementing statute(s): 50-5-225, 50-5-226, 50-5-227, MCA History: NEW, 2002 MAR p. 3638, Eff. 12/27/02; REP, 2022 MAR p. 1857, Eff. 9/24/22.

37.106.2891 ADMINISTRATOR QUALIFICATIONS: CATEGORY C An assisted living category C facility must be administered by a person who meets the conditions of ARM 37.106.2814 and has: three or more years experience in working in the field of geriatrics or caring for disabled residents …

37.106.2892 DIRECT CARE STAFF: CATEGORY C In addition to meeting all other requirements for direct care staff stated in this subchapter, assisted living category C facility direct care staff must receive additional documented training in: the facility or unit's philosophy and app…

37.106.2895 HEALTH CARE PLAN: CATEGORY C Within 21 days of admission of a resident to an assisted living category C facility, a resident certification must be conducted, and a written health care plan shall be developed which meets the requirements of ARM 37.106.2875, and which a…

37.106.2896 DISCLOSURES TO RESIDENTS: CATEGORY C Each assisted living category C facility or unit must, prior to admission, inform the resident's legal representative in writing of the following: the overall philosophy and mission of the facility regarding meeting the needs of re…

37.106.2898 REQUIREMENTS FOR SECURED UNITS: CATEGORY C In addition to meeting all other requirements for assisted living facilities stated in this subchapter, if a secured distinct part or locked unit within a category C assisted living facility is designated for the exclusive us…

37.106.2899 CATEGORY D: CONSTRUCTION Category D services must be provided in a secured care unit and meet all requirements in ARM 37.106.316. A category D facility will be either: a stand-alone secured facility; or a separate, secured unit attached to a category A, B, and/or C fa…

37.106.2899A CATEGORY D: ADMINISTRATOR QUALIFICATIONS In addition to requirements in ARM 37.106.2873, an administrator for a category D facility must have a least three years of experience in the field of mental health and mental disorders. Of the 16 hours of annual continued edu…

37.106.2899B CATEGORY D: DISCLOSURE TO CATEGORY D RESIDENTS Each assisted living category D facility or unit must, prior to admission, inform the resident or resident's legal representative in writing of the following: the overall philosophy and mission of the facility regarding …

37.106.2899C CATEGORY D: STAFF A category D facility must have the following staff: a registered nurse (RN) must be on duty or on call and available physically to the facility within one hour; a licensed mental health professional who must be site-based; and direct care staff in …

37.106.2899D CATEGORY D: RESIDENT ASSESSMENTS A category D facility must obtain or conduct three types of resident assessments for each resident: Prior to move in, the facility shall obtain the court determination documentation required in 53-21-199, MCA, as applicable, as well a…

37.106.2899E CATEGORY D: HEALTH CARE PLAN In addition to requirements in ARM 37.106.2875, the health care plan for a category D resident must include: de-escalation techniques individualized to the resident; circumstances when the resident may need to be isolated from other resid…

37.106.2899F CATEGORY D: MEDICATION USE AND PHYSICIAN ORDERS All category D residents must be assessed on their ability and be encouraged to self-administer their own medication.If a resident is unable or unwilling to self-administer his or her medication, a licensed nurse shall …

37.106.2899G CATEGORY D: DISCHARGE A comprehensive discharge plan directly linked to the behaviors and symptoms that resulted in admission and estimated length of stay must be developed upon admission. A resident's diversion order is discontinued when: the resident and facility c…

37.106.2899H CATEGORY D: SECLUSION ROOM REQUIREMENTS A category D facility or unit must have at least one room designated to be used for seclusion for every 24 beds. The location of these rooms must facilitate staff observation and monitoring of residents in these rooms. Seclusio…

37.106.2901 RULE APPLICABILITY The provisions of the rules in this subchapter that govern the use of restraints do not apply to a category A personal care facility as defined in 50-5-227.htm" target="MCA" style="text-decoration:none">50-5-227 (2) (a) , MCA, because such a facilit…

37.106.2902 DEFINITIONS The following definitions, in addition to those contained in 50-5-1202.htm" target="MCA" style="text-decoration:none">50-5-1202 , MCA, apply to this chapter: "Assistive device" means any device whose primary purpose is to maximize the independence and the …

37.106.2904 USE OF RESTRAINTS, SAFETY DEVICES, ASSISTIVE DEVICES, AND POSTURAL SUPPORTS The application or use of a restraint, safety device, or postural support is prohibited except to treat a resident's medical symptoms and may not be imposed for purposes of coercion, retaliati…

37.106.2905 DOCUMENTATION IN RESIDENT'S MEDICAL RECORDS Prior to the use of a restraint or safety device, the following items must be included in the resident's record: a consent form signed by the resident or authorized representative that includes documentation that: the reside…

37.106.2908 STAFF TRAINING Restraints, safety devices or postural supports may only be applied by staff who have received training in their use, as specified below and appropriate to the services provided by the facility. Staff training shall include, at a minimum, information an…

37.106.3001 EATING DISORDER CENTERS (EDC): APPLICATION OF OTHER RULES In addition to these rules, an EDC must comply with licensure rules in ARM Title 37, chapter 106, subchapter 3. To the extent that licensure rules in ARM Title 37, chapter 106, subchapter 3 conflict with the te…

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…