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37.106.2202    RESIDENTIAL TREATMENT FACILITY: LICENSURE STANDARDS

(1) A residential treatment facility must meet the requirements of the following:

(a) The standards for the following categories, contained in the Joint Commission on Accreditation of Health Care Organizations' 1993 Accreditation Manual for Mental Health, Chemical Dependency, and Mental Retardation/Developmental Disabilities Services:

(i) administrative/clinical management, as specified under the following headings:

(A) governance and management (GM) ;

(B) professional staff organization (PO) , with the exception of PO 2.5.8.1 ;

(C) human resources management (HR) ;

(D) planning and evaluation (PE) ;

(E) quality assessment and improvement (QA) ;

(F) utilization review (UR) ;

(G) research (RS) , if provided;

(H) patient rights (PI) ;

(I) clinical records management (CR) ;

(ii) patient services, as specified under the following headings:

(A) patient management (PM) ;

(B) child and adolescent services (CA) ;

(C) forensic services (FC) , if provided;

(D) special treatment procedures (SC) , if provided;

(iii) patient support services, as specified under the following headings:

(A) nutrition services ( NU ) ;

(B) emergency services (ER) ;

(C) pharmacy services (PH) , as specified for residential settings in Appendix A;

(D) physical health services ( PY ) ;

(E) libraries and information networks (LI) ;

(F) rehabilitation services ( RH ) , as specified for residential settings in Appendix A;

(iv) environmental management, as specified under the following headings:

(A) plant, technology and safety management (PL) , as specified for residential settings in Appendix A;

(B) therapeutic environment ( TH ) ;

(C) infection control (IC) , with the exception of IC 2.2.1 and IC 2.2.2.2 -- IC 2.2.4.1; and

(v) for facilities in existence or for which construction had commenced prior to February 11, 1994, the interim life safety measures contained in Appendix D.

(b) The standards contained in Title 42 CFR , part 441, subpart D, as they exist on October 1, 1992.

(2) A residential treatment facility may not share direct care staff or provide joint activities or treatment in conjunction with another type of health care facility, even if both facilities are under the same management, unless the joint activity involves facilities under a single management and is a specific treatment program that is clinically appropriate for all of the children engaged in it (e.g. appropriate for patients of both a residential treatment facility and an inpatient acute psychiatric facility) .

(3) The number of residents admitted to the facility and the number of beds in use and/or ready for use may not exceed the number of beds for which the facility is licensed, as indicated on the face of the license issued to it.

(4) The department hereby adopts and incorporates by reference the 1993 Accreditation Manual for Mental Health, Chemical Dependency, and Mental Retardation/Developmental Disabilities Services, published by the Joint Commission on Accreditation of Healthcare Organizations, which contains accreditation standards for facilities providing mental health services, and Title 42 of the Code of Federal Regulations ( CFR ) , part 441, subpart D (effective October 1, 1992) , which contains standards for provision of inpatient psychiatric services to individuals under age 21. Copies of these standards are available from the Department of Public Health and Human Services, Quality Assurance Division, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953.

History: Sec. 50-5-103, MCA; IMP, Sec. 50-5-103 and 50-5-201, MCA; NEW, 1994 MAR p. 304, Eff. 2/11/94; TRANS, from DHES, 2002 MAR p. 185.

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