BEFORE THE Department of Public

health and human services of the

STATE OF MONTANA

 

In the matter of the adoption of New Rules I through XVIII and the amendment of ARM 37.106.322 pertaining to eating disorder centers

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NOTICE OF ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On September 21, 2018, the Department of Public Health and Human Services published MAR Notice No. 37-829 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 1857 of the 2018 Montana Administrative Register, Issue Number 18.

 

2. The department has adopted the following rules as proposed: New Rules I (37.106.3001), II (37.106.3002), III (37.106.3005), IV (37.106.3006), V (37.106.3011), VI (37.106.3013), VII (37.106.3015), VIII (37.106.3017), IX (37.106.3019), X (37.106.3020), XI (37.106.3022), XII (37.106.3025), XIII (37.106.3009), XIV (37.106.3036), XV (37.106.3030), and XVI (37.106.3033) as proposed.

 

3. The department has amended ARM 37.106.322 as proposed.

 

4. The department has adopted the following rules as proposed with the following changes from the original proposal. Matter to be added is underlined. Matter to be deleted is interlined.

 

NEW RULE XVII (37.106.3037) EATING DISORDER CENTERS (EDC): INTENSIVE OUTPATIENT PROGRAM (1) through (3) remain as proposed.

(4) Group therapy sessions must include at least two staff members, one of which must be a mental health professional, registered nurse, or registered dietician dietitian.

(5) remains as proposed.

 

AUTH:  50-5-247, MCA

IMP:  50-5-247, MCA

 

NEW RULE XVIII (37.106.3038)  EATING DISORDER CENTERS (EDC): PARTIAL HOSPITALIZATION PROGRAM (1) through (4) remain as proposed.

(5) Group therapy sessions must include at least two staff members, one of which must be a mental health professional, registered nurse, or registered dietician dietitian.

(6) remains as proposed.

 

AUTH:  50-5-247, MCA

IMP:  50-5-247, MCA

 

5. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: A commenter requested confirmation that the definition of "partial hospitalization program" was left out of New Rule II [37.106.3002] intentionally as it is already in statute.

 

RESPONSE #1: The department confirms that the definition is in statute and therefore, not required in rule.

 

COMMENT #2: A commenter stated the word "dietician" which is the lesser used variation may also be spelled "dietitian."

 

RESPONSE #2: The department agrees with the commenter that the proposed new rule will use the spelling "dietitian" throughout the rule. The spelling has been changed in New Rule XVII (37.106.3037) and in New Rule XVIII (37.106.3038).

 

            6. These rule amendments are effective November 3, 2018.

 

 

/s/ Flint Murfitt                                               /s/ Laura Smith, Deputy Director for        

Flint Murfitt                                                    Sheila Hogan, Director

Rule Reviewer                                              Public Health and Human Services

 

           

Certified to the Secretary of State October 23, 2018.