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Rule Title: DEFINITIONS
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: CHEMICAL DEPENDENCY PROGRAMS
Subchapter: Approval of Chemical Dependency Programs
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.27.102    DEFINITIONS

In addition to the terms defined in 53-24-103 , MCA:

(1) "ADIS" means the alcohol and drug information system.

(2) "Administrator" means the person in charge, care or control of the treatment program and responsible for the operation of the program.

(3) "Aftercare" means counseling services provided to a client, who has completed inpatient or intensive outpatient care, to enhance the chances of recovery. This service is provided at least once weekly (generally group) for a period of at least 12 weeks.

(4) "Approved list" means the listing of the department approved workshops relevant to chemical dependency personnel and trainers who possess the qualifications to train such personnel.

(5) "Biopsychosocial assessment" means a comprehensive assessment which includes a history of the use of alcohol and other drugs, physical, emotional, social and spiritual needs. This assessment corresponds to the checklist of dimensional admission criteria utilized in patient placement.

(6) "Capacity grace period" means if, through lack of capability or other reason, the department is unable to accommodate an applicant for testing, a grace period will be granted to operate on registration alone until the applicant can be tested.

(7) "Chemical dependency counselor" means an individual licensed as a licensed addiction counselor pursuant to 37-35-202 , MCA, and as described in ARM 8.11.101 through 8.11.120.

(8) "Client" means a person being treated for a chemical dependency related problem who is formally admitted to the program within the admission criteria set by the program.

(9) Counseling:

(a) "Family" means face-to-face interaction between a certified or eligible chemical dependency counselor and family member or members for a specific therapeutic purpose.

(b) "Group" means face-to-face interaction between two or more clients and a certified or eligible chemical dependency counselor for a specific therapeutic purpose.

(c) "Individual" means a face-to-face interaction between a certified or eligible chemical dependency counselor and an individual client for a specific therapeutic purpose.

(10) "Day treatment care component" means services for persons requiring a more intensive treatment experience than intensive outpatient but who do not require inpatient treatment. This level of care provides at least five hours of contact time per day for at least four days per week. This service is generally provided within an inpatient setting and requirements for services are the same with the exception of residential.

(11) "Detoxification (emergency care) component" means the services required for the treatment of persons intoxicated or incapacitated by alcohol and/or drugs. Detoxification involves clearing the system of alcohol and/or drugs and enabling individual recovery from the effects of intoxication. These services include screening of intoxicated persons, counseling of clients to obtain further treatment, and referral of detoxified persons to other appropriate treatment programs. Medical detoxification refers to short term treatment in a licensed medical hospital. Non-medical detoxification refers to short term treatment in a social setting with 24 hour supervision.

(12) "Documentable or documented" means a person who by position is found credible by the department (e.g., a program director, personnel manager, program board officer) and will sign a form attesting the dates, hours, and job titles reported for salaried employment or annual clock hours of service per year for volunteers, etc., as required. For academic work this would be an official transcript. For workshop, it would be a record of the training or affidavit.

(13) "Duplication" means counting the same point earning activity in more than one point category.

(14) "Examination eligibility" means applicants must be on the registry in categories A or B to take oral, performance, and written tests. An applicant failing three times to attain a passing grade on any examination must wait one year before attempting the examinations again.

(15) "Facility" means the physical area (grounds, buildings or portions thereof) where program functions take place under the direct administrative control of a program administrator.

(16) "Field" means all persons currently employed in a state accepted program, serving as a board member of such a program, serving on any state level advisory board for the department, or employed directly or on contract by the department.

(17) "Follow up" means the process of providing continued contact with a discharged client to support and increase gains made to date in the recovery process and to gather relevant data.

(18) "Full-time equivalent (FTE) " means an individual employed 40 hours per week in an accepted program (a half time FTE equals 20 hours per week) .

(19) Governing body" means the individual or group which is legally responsible for the conduct of the program.

(20) "Inpatient free standing care component" means treatment for persons requiring 24 hour supervision in a community based residential setting. Services include a physical exam signed by a licensed physician; chemical dependency education; organized individual, group and family counseling; discharge referral to necessary supportive services and a client follow up program after discharge.

(21) "Inpatient-hospital care component" means treatment for persons requiring 24-hour supervision in a licensed hospital or suitably equipped medical setting licensed by the department under 50-5-201 , MCA. Services include medical evaluation and health supervision; chemical dependency education; organized individual, group and family counseling; discharge referral to necessary supportive services; and a client follow up program after discharge.

(22) "Intensive outpatient care component" means treatment for persons requiring a structured outpatient program providing at least 10 to 30 hours of counseling and chemical dependency education services per week for a duration of four to six weeks. Services shall include assessment, group, individual, and family counseling, chemical dependency education, referral and discharge.

(23) "Intermediate care (transitional living) component" means a non-medical residential facility in a community based setting. These facilities provide a transitional phase for individuals who have recently received chemical dependency inpatient care services and require a moderately structured living arrangement. Services provided include counseling services (individual and group) , chemical dependency education and social and recreational activities. These individuals are encouraged to seek vocational rehabilitation, occupational training, education and/or employment as soon as possible.

(24) "Judges" means persons rating work performance tapes.

(25) "Limited approval" means a status of state approval granted to chemical dependency treatment programs which are requesting approval for the first time and who have not attained substantial compliance specified in these rules. Limited approval is granted to provide them with time to comply with standards. Limited approval shall not be issued for more than a six month period.

(26) "Medicaid provider of substance dependency and abuse treatment services" means a state approved inpatient free standing, intensive outpatient, outpatient, or intermediate care provider of chemical dependency treatment services. The provider must be enrolled in the substance dependency/abuse medicaid rehabilitation option 32 set forth in ARM 37.27.901. To be enrolled the provider must meet the standards and follow the procedures adopted and incorporated by reference in ARM 37.27.912.

(27) "Outpatient care component" means services provided on a regularly scheduled basis to clients residing outside a program. Services include crisis intervention; counseling; chemical dependency education; referral services; and a client follow up program after discharge.

(28) "Outreach" means the process of reaching into a community systematically for the purpose of identifying persons in need of services, alerting persons and their families to the availability of services, locating other needed services, and enabling persons to enter and accept those services.

(29) "Panel" means the group of three persons who conduct oral examinations for an endorsement area.

(30) "Panelist" means a person serving on an oral examination panel.

(31) "Person(s) " means an individual or a group of individuals, association, partnership or corporation.

(32) "Physician" means a medical doctor licensed by the state of Montana.

(33) "Program" means the general term for an organized system of services designed to address the treatment needs of clients.

(34) "Program effectiveness" means utilization of measurable indicators to demonstrate effectiveness.

(35) "Quality assurance" means a program and/or efforts designed to enhance quality care through an ongoing objective assessment of important aspects of client care and the correction of identified problems.

(36) "Registry" means the list on which applicants for certification are placed.

(37) "Removal from system" means any applicant who has been on the registry for two years without obtaining sufficient points for certification will be dropped from consideration. Those who are dropped may not reapply for a period of two years.

(38) "Residential" means a facility providing 24 hour care, room and board.

(39) "Restricted approval" means a status of state approval granted to an approved chemical dependency treatment program which has failed to maintain substantial compliance. Restricted status is issued for a maximum of 90 days in order to allow programs to meet substantial compliance. This approval cannot be renewed.

(40) "Revoke" means invalidation of approval of a chemical dependency program.

(41) "Role play" means a spontaneous exchange between the counselor and the person playing the part of the client for the purposes of the taped work sample. Reading from a prepared script will not be considered as a test of counselor competency.

(42) "Rounding" means that if totaling and averaging (e.g., with FTEs) result in fractional points, these will be rounded down to reflect amounts clearly earned.

(43) "State approved program" means a program reviewed and accepted by the department to provide substance dependency services.

(44) "Substantial compliance" means conformity with at least 70% of the rules and regulations for each applicable service component as described in this chapter.

(45) "Suspension" means invalidation of approval of a chemical dependency treatment program for any period less than one year or until the department has determined substantial compliance and notifies the program of reinstatement.

(46) "Trainee/intern privileges" means authorization by a certified counselor to allow a trainee or intern to provide counseling services on a progressive basis which are closely monitored and supervised within well described limits and are based on their training, experience, demonstrated competency, ability and judgment.

(47) "Training day" means a training day is six to 10 hours of continuous training. When dates and hours are available, credit will be granted.

(48) "Volunteers" means a person or persons who offer their services free of charge.

(a) "Active volunteer" means an individual who has 50 hours per year of volunteer time.

History: Sec. 53-24-204, 53-24-208, 53-24-209 and 53-24-215, MCA; IMP, Sec. 53-24-204, 53-24-208, 53-24-209 and 53-24-215, MCA; TRANS, Ch. 280, L. 1975, Eff. 1/2/77; AMD, 1981 MAR p. 1899, Eff. 1/1/82; AMD, 1983 MAR p. 1463, Eff. 10/14/83; AMD, 1985 MAR p. 1768, Eff. 11/15/85; AMD, 1987 MAR p. 2383, Eff. 12/25/87; AMD, 1990 MAR p. 737, Eff. 4/13/90; AMD, 1992 MAR p. 1477, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 1502; AMD, 2003 MAR p. 803, Eff. 4/25/03.


 

 
MAR Notices Effective From Effective To History Notes
4/25/2003 Current History: Sec. 53-24-204, 53-24-208, 53-24-209 and 53-24-215, MCA; IMP, Sec. 53-24-204, 53-24-208, 53-24-209 and 53-24-215, MCA; TRANS, Ch. 280, L. 1975, Eff. 1/2/77; AMD, 1981 MAR p. 1899, Eff. 1/1/82; AMD, 1983 MAR p. 1463, Eff. 10/14/83; AMD, 1985 MAR p. 1768, Eff. 11/15/85; AMD, 1987 MAR p. 2383, Eff. 12/25/87; AMD, 1990 MAR p. 737, Eff. 4/13/90; AMD, 1992 MAR p. 1477, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 1502; AMD, 2003 MAR p. 803, Eff. 4/25/03.
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