Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

More documents

Recommendations

Info

NOTICES OF PROPOSED RULES DAR File No. 30180 A program authorized to provide services to an adult in the same facility as a child in accordance with Section 62A-2- 106(1)(a)(iii) and Subsection R501-19-11(5) is excepted from this subsection(3)(b)(ii). (iii) a program shall not permit children to participate in any activity, including but not limited to treatment, counseling, dining, education, recreation, free time, or using restroom facilities, on the same wing, corridor, floor, or other location, with adults, without first obtaining written approval from the Office of Licensing of its policy and procedures designed to safely separate children from adult clients; (A) A program providing services only to women and their children is excepted from this subsection(3)(b)(iii). (c) pre-placement requirements; (d) self-admission; (e) all items referenced in client manual under subsection(6); (f) notification of client's guardian; and the program shall not admit a client with a medical emergency or a client who needs medical detoxification from drugs or alcohol. (4) A program shall conduct a written intake screening prior to admitting a client. (a) The intake screening shall determine whether: (i) the client applicant satisfies the program's written eligibility policy; and (ii) the program provides the services needed by the client applicant. (5) The program shall complete a written assessment of each client. (a) The assessment of each client shall be conducted: (i) by a mental health therapist, in programs that provide treatment; or (ii) by the client's direct care team, as defined in program policy, in programs that do not provide treatment; and (iii) within 30 calendar days of admission to determine whether the program remains an appropriate placement to meet the client's physical, emotional, social, educational, recreational, and other needs. (b) The assessment shall evaluate each client's health and family history, including but not limited to a self-harm assessment, medical, social, psychological, developmental, vocational and educational factors. (c) The written assessment shall include a detailed description of the client's needs. (6) A current client manual shall be provided to each client or each client's guardian before the program accepts any nonrefundable payment or enters any contract to provide client services. The manual shall include detailed descriptions of: (a) client expulsion criteria and procedures; (b) services and activities provided on site and off site; (c) methods of providing supervision of clients on-site and off site; (d) the rules of the program, including but not limited to rules regarding discipline and personal possessions; (e) the program's policy and procedures regarding: (i) attendance and absenteeism; (ii) visits to and from family, friends, and others; (iii) vacation and holidays; (iv) sending and receipt of mail and email; (v) sending and receipt of gifts; and (vi) making and receiving telephone calls; (f) the program's policy and procedures regarding behavior management; (g) the program's policy and procedures regarding contraband; (h) the program's policy and procedures regarding searches; (i) the program's food service and samples of actual menus; (j) the program's physical education and recreational activities; (k) the program's client rights statement; (l) the program's weapons policy; (m) the program's client grievance policy, including an appeal process; and (n) the name and contact information for the Office of Licensing. (7)(a) A written agreement between the program and the client or the client's guardian shall be completed and signed by all parties before the program accepts any payment from the client or the client's guardian. A copy of the signed agreement shall be provided to the client or the client's guardian, and a copy shall be kept in the client's file. (c) The agreement shall include: (i) services to be provided and cost of service; (ii) the client or the client's guardian's consent to participate in each program activity; (iii) the client or the client's guardian's authorization to obtain emergency medical care for the client; and (iv) the duration of the agreement. (8)(a) A client's written individualized treatment or service plan shall include: (i) the title of direct care staff assigned to provide services to the client, including but not limited to staff having responsibility for the development, implementation, and review of the plan; (ii) the client's measurable long and short term goals and objectives; (iii) evidence by way of client or guardian signature that input from the client or the client's guardian was integrated in identifying goals and objectives; (iv) services, and treatment; (v) methods for evaluation; (vi) criteria for discharge; and (vii) transition and follow-up plans. (b) An individual treatment or service plan shall be developed, signed, and dated within 30 days of each client's admission by: (i) a mental health therapist or an intern in a supervised clinical training internship who is certified under Title 58 chapter 60; (ii) a "qualified mental retardation professional", as that term is defined in 42 CFR 483.430, for a client served through a contract between the program and DSPD; or (iii) a Therapeutic Recreation Specialist who is licensed under Title 58 chapter 40, for clients in Adult Day Care programs. (c) Each client's treatment or service plan shall be reviewed by: (i) the mental health therapist as often as stated in the treatment or service plan, and no less than once every 3 months; (ii) the "qualified mental retardation professional", for a client served through a contract between the program and DSPD, as often as stated in the treatment or service plan and no less than once every year; or (iii) a Therapeutic Recreation Specialist who is licensed under Title 58 chapter 40, for clients in Adult Day Care programs. (d) Each review shall include an assessment of the appropriateness of the program to continue to provide the services needed by the client. 34 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
DAR File No. 30180 NOTICES OF PROPOSED RULES (e) The client and the client's guardian shall be provided an opportunity to participate in each review and revision of the plan. (9) (a) Reports on the progress of the client shall be provided to the client or the client's guardian. (b) Treatment and service records shall be provided to the client or the client's guardian within two weeks of request. (10) Treatment progress notes and service record entries shall include: (a) identification of the program; (b) date and duration of services provided, including but not limited to therapeutic, treatment, medical, educational, and recreational services; (c) description of service provided; and (d) a description of client progress or lack of progress in the achievement of treatment or service goals or objectives. (11) All treatment progress notes and service record entries shall be signed and dated by the author, and shall include the author's title and the time they are written. (12) Client Transfer, Withdrawal, or Discharge. (a) The program shall develop a written individual discharge plan for each client. (b) The individual discharge plan shall identify the client's ongoing needs and resources that may be available to the client. (c) The plan shall be developed with the participation of the client or the client's guardian. (d) A copy of the written individual discharge plan shall be provided to the client or the client's guardian upon the client's transfer, withdrawal, or discharge from the program. (e) Within fifteen calendar days after each client transfers, withdraws, is discharged, or otherwise leaves the program, a discharge report shall be completed and placed in the client's file. The report shall include the: (i) reason for discharge, withdrawal, or transfer; (ii) summary of services provided; (iii) evaluation of achievement of treatment goals or objectives; (iv) signature and title of staff preparing the report; and (v) date of discharge, withdrawal, or transfer. The program shall have and comply with written policy and procedures concerning the unplanned discharge or withdrawal of a client. (13)(a) The program shall have written policies and procedures regarding incident reports that shall include: (i) An incident report documenting all incidents, such as deaths, medical emergencies, injuries of unknown origin, suicide attempts, suicide, fights, physical confrontations, situations involving the use of passive physical restraints, alleged or suspected incidents of abuse, neglect, or exploitation, unauthorized client absences from programs serving children or vulnerable adults, unusual incidents, searches performed when the client or client's guardian has not signed a written consent, and other situations affecting the health or safety of clients or staff, shall be signed by the staff involved and provided to the program director or acting director within 12 hours of the incident. (ii) An incident report documenting the use of physical restraint, staff-directed time-out, seclusion, or any behavior modification technique that results in an injury to any person, shall be signed by the staff involved and provided to the program director or acting director within 12 hours of the incident, and shall include a detailed description of: (A) the client's behavior before, during, and after the intervention; (B) staff who requested, required, supervised, and witnessed the behavior or the intervention; (C) staff attempts to de-escalate the behavior; (D) the length of time that de-escalation was attempted; (E) the date and time the intervention technique was started and completed; (F) the intervention techniques used; (G) supervisory follow-up with the staff; and (H) follow-up with the client. (iii) The program director or acting director shall review and sign each incident report, and document any follow-up action taken, including but not limited to staff training, staff discipline, or assessment of the appropriateness of the program to continue to provide the services needed by the client. (b) A program shall verbally report an incident that involves death, or an emergency that may make continued provision of services impossible or impracticable, to the Office of Licensing and the client's guardian within 12 hours of the incident. (c) A preliminary written report of an incident that involves the application of physical restraint that results in any injury; allegations of abuse, neglect, maltreatment or exploitation; medical emergency; death; a fire or other emergency that may make continued provision of services impossible or impracticable; shall be signed by the staff involved and submitted to the Office of Licensing within 24 hours of the incident; and a final written report shall be submitted to the Office of Licensing within 15 calendar days of the incident. (d) A program shall immediately report an incident that involves death or significant criminal activity to the local law enforcement agency, except when prohibited by 42 CFR Part 2. (e) A program shall report any alleged misconduct by staff that are licensed by state or local authorities, including but not limited to the Division of Occupational and Professional Licensing, to the applicable licensing authority within 15 calendar days of knowledge of the incident. (14) The Office of Licensing may report a licensee's or staff's misconduct to law enforcement, clients, and clients' legal representatives. (15)(a) A client who has a medical emergency, or who requests the services of a medical practitioner, shall receive an immediate assessment by a certified wilderness first responder, certified EMT, or a medical practitioner. (b) The program shall comply with the recommendations of the certified wilderness first responder, certified EMT, or medical practitioner. (c) The supervisor or staff-in-charge shall complete an incident report that describes the medical emergency or client request for medical services, includes the name and title of the individual performing the assessment, describes the individual's conclusions and recommendations, and attaches any documents regarding the incident and assessment. (16)(a) The program shall have and comply with a written policy and procedures describing how clients will be transferred or placed in the event that program becomes unable to provide services due to a license sanction, court action, fire, or other emergency that makes continued provision of services impossible or impracticable. (b) A written report documenting client transfers or placements shall include: UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 35
Page 1 and 2: UTAH STATE BULLETIN OFFICIAL NOTICE
Page 3 and 4: TABLE OF CONTENTS 1. SPECIAL NOTICE
Page 5 and 6: SPECIAL NOTICES Governor's Declarat
Page 7 and 8: DAR File No. 30172 NOTICES OF PROPO
Page 37: DAR File No. 30180 NOTICES OF PROPO
Page 61 and 62: NOTICES OF CHANGES IN PROPOSED RULE
Page 63 and 64: DAR File No. 30008 NOTICES OF CHANG
Page 65 and 66: FIVE-YEAR NOTICES OF REVIEW AND STA
Page 67 and 68: DAR File No. 30185 FIVE-YEAR NOTICE
Page 75 and 76: NOTICES OF RULE EFFECTIVE DATES The
Page 77 and 78: RULES INDEX BY AGENCY (CODE NUMBER)
Page 79 and 80: RULES INDEX CODE REFERENCE TITLE FI
Page 89 and 90:
RULES INDEX CODE REFERENCE TITLE R3
Page 91 and 92:
RULES INDEX CODE REFERENCE TITLE FI
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
RULES INDEX RULES INDEX - BY KEYWOR
Page 107 and 108:
RULES INDEX KEYWORD AGENCY administ
Page 109 and 110:
RULES INDEX KEYWORD AGENCY FILE NUM
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
RULES INDEX KEYWORD AGENCY children
Page 117 and 118:
RULES INDEX KEYWORD AGENCY Workforc
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
RULES INDEX KEYWORD AGENCY School a
Page 149 and 150:
RULES INDEX KEYWORD AGENCY FILE EFF
Page 151 and 152:
RULES INDEX KEYWORD AGENCY peace of
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177:
show all

Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?