Rule: 37.99.102 Prev     Up     Next    
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Subchapter: Private Alternative Adolescent Residential Programs
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) " Adolescent" means any person between the ages of 10 and 19 years who is placed in a program by a parent/legal guardian. A program participant may be up to the age of 20 if they are enrolled in an accredited secondary school.

(2) "Case plan" means a specific plan for providing care, treatment, and services of any kind to a specific program participant.

(3) "Chemical restraint" means the use of a drug or medication that is used to control behavior or restrict the program participant's freedom of movement, and which is not a standard treatment for the program participant's medical or psychiatric condition. The use of chemical restraint is prohibited in all programs.

(4) "Correspondence search" means reading a program participant's mail or inspecting the contents of a package.

(5) "Department" means the Department of Public Health and Human Services.

(6) "Direct care staff" or "staff" means program personnel who directly participate in the care, supervision, and guidance of the program participants.

(7) "Discharge plan" means a realistic plan developed to transition the program participant home or to a less restrictive and appropriate placement with specific services identified and available.

(8) "Licensed addiction counselor" means a person licensed under Title 37, chapter 35, MCA.

(9) "Licensed health care professional" means a licensed physician, physician assistant, or advanced practice registered nurse who is practicing within the scope of the license issued by the Department of Labor and Industry.

(10) "Licensure Bureau" means the Quality Assurance Licensure Bureau.

(11) "Mechanical restraint" means the use of devices as a means of restricting a person's freedom of movement. The use of mechanical restraint is prohibited in all programs.

(12) "Mental health professional" must be licensed pursuant to Title 37, chapters 22, 23, and 37, MCA, as a clinical professional, social worker, or marriage and family therapist. A program may use a licensure candidate to provide mental health professional services with written consent of the program participant's parent/legal guardian.

(13) "Near miss" means an unplanned, unforeseen, or potentially dangerous situation where safety was compromised but that did not result in injury.

(14) "Pat-down search" means a body search done outside of a person's clothing with the intention of locating suspected contraband.

(15) "Personal property search" means a search which includes but is not limited to going through a program participant's personal property and/or room including closet, bed, desk, dresser drawers, backpacks, etc., with the intention of looking for contraband.

(16) "Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a program participant to walk to a safe location.

(17) "Physical restraint" means a personal restriction that immobilizes or reduces the ability of the free movement of an individual's arms, legs, or head. Such term does not include physical escort. Physical restraint may be imposed only in emergency circumstances and only to ensure the immediate physical safety of the resident, a staff member, or others, when less restrictive interventions have been determined to be ineffective.

(18) "Program participant-to-staff ratio" means the number of program participants in care per each on-duty awake direct care staff member.

(19) "Seclusion" means a behavior control technique involving locked isolation in which the resident is physically prevented from leaving. Such term does not include time-out. Seclusion is prohibited in all programs.

(20) "Self-administration assistance" means providing necessary assistance to any program participant in taking their medication, including:

(a) removing medication containers from secured storage;

(b) providing verbal suggestions, promoting, reminding, gesturing or providing a written guide for self-administering medications;

(c) handling a prefilled, labeled medication holder, labeled unit dose container, syringe, or original marked, labeled container from the pharmacy;

(d) opening the lid of the above container for the resident;

(e) guiding the hand of the program participant to self-administer the medication;

(f) holding and assisting the program participant in drinking fluid to assist in the swallowing of oral medications; and

(g) assisting with removal of a medication from a container for program participant with a physical disability which prevents independence in the act.

(21) "Serious incident" means suicide attempt, use of excessive physical force by staff, physical or sexual assault of a program participant by staff, or other resident, injury to a program participant which requires emergency medical care, known, or suspected abuse or neglect as defined in 41-3-102, MCA, of a program participant by staff or resident, a near miss or the death of a program participant, elopement, or an incident that involves law enforcement.

(22) "Time-out" means the restriction of a program participant for a period of time to a designated unlocked area from which the resident is not physically prevented from leaving for the purpose of providing the program participant the opportunity to regain self-control.


History: 52-2-803, 52-2-805, MCA; IMP, 52-2-802, 52-2-803, 52-2-805, MCA; NEW, 2019 MAR p. 2029, Eff. 11/9/19.


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