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37.34.1502    INCIDENT REPORTING AND HANDLING, POLICY

(1) A contractor must have a policy of incident reporting and handling.

(2) An incident handling and reporting policy must assure that incident handling and reporting:

(a) is conducted as provided for in this rule;

(b) provides for the confidentiality of individual identity and information;

(c) meets any standards, if applicable, for group home licensing at ARM 11.18.199, et seq.;

(d) meets any applicable program standards provided at ARM 37.34.1801, et seq.; and

(e) meets any applicable aversive procedure standards provided at ARM 37.34.1401, et seq.

(3) An incident reporting and handling policy must provide:

(a) for emergency procedures for contacting provider staff and others responsible for making any necessary decisions;

(b) guidance as to appropriate emergency procedures to be utilized;

(c) for the preservation of information or items that may be needed in reporting or investigating an incident; and

(d) for a system of tracking and discovering patterns of incidents.

(4) The policy must provide staff training and orientation on a continuing and consistent basis regarding:

(a) the statutory obligations at 41-3-201 and 52-3-811 , MCA to report suspected or alleged abuse and neglect to the protective services programs of the department;

(b) the rules on incident reporting at ARM 37.34.1501, et seq.;

(c) the rules on aversive procedures at ARM 37.34.1401, et seq;

(d) the contractor's policy on client abuse and rights violations;

(e) measures necessary to protect the rights and interests of individuals who are considered to be "at risk"; and

(f) the department procedures for investigating suspected abuse and neglect in services funded by the program.

History: Sec. 53-20-204, MCA; IMP, Sec. 53-20-205, MCA; NEW, 1988 MAR p. 1895, Eff. 8/26/88; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124.

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