BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                            STATE OF MONTANA 

 

In the matter of the adoption of New Rules I through V pertaining to pediatric complex care assistant license

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

 

TO: All Concerned Persons

 

            1. On September 15, 2023, at 9:00 a.m., a public hearing will be held via remote conferencing to consider the proposed adoption of the above-stated rules. There will be no in-person hearing. Interested parties may access the remote conferencing platform in the following ways:

            a. Join Zoom Meeting, https://mt-gov.zoom.us/j/ 88256138730

                  Meeting ID: 882 5613 8730, Passcode: 646357

                  -OR-

            b. Dial by telephone, +1 406 444 9999 or +1 646 558 8656

                  Meeting ID: 882 5613 8730, Passcode: 646357

 

            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., on September 8, 2023, to advise us of the nature of the accommodation that you need. Please contact the department at P.O. Box 1728, Helena, Montana 59624-1728; telephone (406) 444-5466; Montana Relay 711; or e-mail laborlegal@mt.gov.

 

            3. GENERAL STATEMENT OF REASONABLE NECESSITY: The 2023 Legislature established licensure for the pediatric complex care assistant (PCCA).  This new license type recognizes individuals providing care for individuals under the age of 21 who are under the care of the licensee.  There is reasonable necessity to engage in rulemaking to define the initial parameters of licensure for this license type.

 

            4. The proposed new rules are as follows:

 

            NEW RULE I DEFINITIONS (1) "Certified" refers to documentation accepted by the department setting forth completed training of a licensee or license applicant by an approved provider.

 

            AUTH:   [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:       [House Bill 449, Section 1], [House Bill 449, Section 2]

 

REASON: New Rule I establishes a definition for "certified," used in this context to specify the recognition of training for licensees and license applications.

 

            NEW RULE II TRAINING PROGRAM (1) The department approves training of a licensee or license applicant by:

            (a) the primary care provider of the individual for whom the licensee will provide care; or

            (b) a training provider specially equipped to provide training for pediatric complex care, in which case the training provider must register with the department.

            (2) Training must be certified by the training provider and identify, on a form provided by the department, what services the licensee or license applicant has been trained to provide.

            (3) A licensee may receive additional training from a training provider to increase the scope of care they are permitted to provide.  The licensee may only perform services for which training has been certified.

 

            AUTH:   [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:       [House Bill 449, Section 1], [House Bill 449, Section 2]

 

REASON: Pursuant to House Bill (HB) 449, Section 1, licensee training must be approved by the department.  New Rule II similarly defines the types of training programs which the department approved.  Most simply, the department recognizes that training may be provided by the primary care provider of the individual for whom the licensee will care.  If that provider does not provide training, other vendors may also be approved by the department.

 

            NEW RULE III PEDIATRIC COMPLEX CARE SERVICES (1) In addition to those services defined in [House Bill 449, Section 1], a licensee may perform:

            (a) bowel care, including enema administration and ostomy care;

            (b) wound care;

            (c) central line care or IV fluid administration; and

            (d) airway management, including oxygen management.

 

            AUTH:   [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:       [House Bill 449, Section 1], [House Bill 449, Section 2]

 

REASON: Pursuant to its authority to define scope of practice for pediatric complex care licensees, the department recognizes these services as within the scope of services which may be performed.  As set forth in New Rule II, these services may only be performed based on training received and certification provided to the department. 

 

            NEW RULE IV FEES  (1) Initial and renewal application fees are $25.

 

            AUTH:   [House Bill 449, Section 2]

            IMP:       [House Bill 449, Section 2]

 

REASON: There is reasonable necessity to adopt a fee for license applications and renewals for this license type.  The department, in communication with stakeholders, is not yet able to determine the number of individuals likely to seek licensure of this type.  A likely estimate is 25.  As such, this fee is estimated to generate approximately $625.

 

            NEW RULE V UNPROFESSIONAL CONDUCT (1) It is unprofessional conduct for a licensee or applicant to violate any statute, rule, or standard of care governing their scope of practice, or exceeding the scope of practice for which they are licensed, trained, and educated to perform.  The following additionally constitutes unprofessional conduct by licensees or license applicants:

            (a) failing to cooperate with an investigation by or request for information from the department;

            (b) performing services not trained and certified following [NEW RULE II].

 

            AUTH:   [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:       [House Bill 449, Section 1], [House Bill 449, Section 2]

 

REASON: Reasonable necessity exists to set forth unprofessional conduct rules to recognize instances in which the licensee of a PCCA may be disciplined.

 

            5. Concerned persons may present their data, views, or arguments at the hearing. Written data, views, or arguments may also be submitted at dli.mt.gov/rules or P.O. Box 1728, Helena, Montana 59624.  Comments must be received no later than 5:00 p.m., September 22, 2023.

 

            6. An electronic copy of this notice of public hearing is available at dli.mt.gov/rules and at sosmt.gov/ARM/register.

 

            7. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the agency. Persons wishing to have their name added to the list may sign up at dli.mt.gov/rules or by sending a letter to P.O. Box 1728, Helena, Montana 59624 and indicating the program or programs about which they wish to receive notices. 

 

            8. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by email on May 3, 2023.

 

            9. Pursuant to 2-4-111, MCA, the agency has determined that the rule adoptions proposed in this notice will not have a significant and direct impact upon small businesses.

 

            10. Department staff has been designated to preside over and conduct this hearing.

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer	/s/ SARAH SWANSON Sarah Swanson, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State August 15, 2023.