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

More documents

Recommendations

Info

NOTICES OF PROPOSED RULES DAR File No. 30179 1. The program shall have separate bathrooms for males and females. These shall be maintained in good operating order and in a clean and safe condition. 2. Bathrooms shall accommodate consumers with physical disabilities as required. 3. Each bathroom shall be properly equipped with toilet paper, towels, soap, and other items required for personal hygiene. 4. Bathrooms shall be ventilated by mechanical means or equipped with a screened window that opens. 5. Bathrooms shall meet a minimum ratio of one toilet, one lavatory, and one tub or shower for each six residents. 6. There shall be toilets and baths or showers which allow for individual privacy. 7. There shall be mirrors secured to the walls at convenient heights. 8. Bathrooms shall be located as to allow access without disturbing other residents during sleeping hours. H. Furniture and equipment shall be of sufficient quantity, variety, and quality to meet program and consumer needs. I. All furniture and equipment shall be maintained in a clean and safe condition. J. Programs which permit individuals to do their own laundry shall provide equipment and supplies for washing, drying, and ironing. K. Programs which provide for common laundry of linens and clothing, shall provide containers for soiled laundry separate from storage for clean linens and clothing. L. Laundry appliances shall be maintained in a clean and safe operating condition. R501-19-9. Food Service. A. One staff shall be responsible for food service. If this person is not a professionally qualified dietitian, regularly scheduled consultation with a professionally qualified dietitian shall be obtained. Meals served shall be from dietitian-approved menus. B. The staff responsible for food service shall maintain a current list of consumers with special nutritional needs and record in the consumers service record information relating to special nutritional needs and provide for nutrition counseling where indicated. C. The program shall establish and post kitchen rules and privileges according to consumer needs. D. Consumers present in the facility for four or more consecutive hours shall be provided nutritious food. E. Meals may be prepared at the facility or catered. F. Kitchens shall have clean, safe, and operational equipment for the preparation, storage, serving, and clean up of all meals. G. Adequate dining space shall be provided for consumers. The dining space shall be maintained in a clean and safe condition. H. When meals are prepared by consumers there shall be a written policy to include the following: 1. rules of kitchen privileges, 2. menu planning and procedures, 3. nutritional and sanitation requirements, and 4. schedule of responsibilities. R501-19-10. Medication. A. The program shall have locked storage for medications. B. The program shall have locked storage for hazardous chemicals and materials, according to the direction of the local fire authorities. C. Prescriptive medication shall be provided as prescribed by a qualified physician, according to the Medical Practices Act. D. The program shall have designated qualified staff, who shall be responsible to: 1. administer medication, 2. supervise self-medication, 3. record medication, including time and dosage, according to prescription, and 4. record effects of medication. R501-19-11. Specialized Services for Substance Abuse. A. The program shall not admit anyone who is currently experiencing convulsions, in shock, delirium tremens, in a coma, or unconscious. B. At a minimum, the program shall document that direct service staff complete standard first aid and CPR training within six months of being hired. Training shall be updated as required by the certifying agency. C. Before admission, consumers shall be tested for Tuberculosis. Both consumers and staff shall be tested annually or as directed by the local health authority. R501-19-12. Specialized Services for Programs Serving Children and Youth. A. Provisions shall be available for adolescents to continue their education with a curriculum approved by the State Office of Education. B. Programs which provide their own school shall be recognized by an educational accreditation organization, i.e., State Board of Education or the National School Accreditation Board. C. Individual, group, couple, and family counseling sessions or other appropriate treatment, including skills development, shall be conducted at least weekly, or more often if defined by the treatment plan. The consumer's record shall document the time and date of the service provided and include the signature of the counselor. D. An accurate record shall be kept of all funds deposited and withdrawn with the residential facility for use by a consumer. Consumer purchases of over $20.00 per item, shall be substantiated by receipts signed by the consumer and appropriate staff. R501-19-13. Specialized Services for Division of Services for People With Disabilities. A. Rules governing the daily operation and activities of the facility shall be available to all consumers and visitors, and shall apply to family members, consumers, and staff that come into the facility. B. The program shall have policy specifying the amount of time family or friends may stay as overnight guests. C. All consumers in residential programs shall have an individual plan that addresses appropriate day treatment. D. A monthly schedule of activities shall be shared with the consumer and available on request. Schedules shall be filed and maintained for review. E. A record of income, earned, unearned, and consumer service fees, shall be maintained by the provider. F. Residential facilities shall be located where school, church, recreation, and other community facilities are available. G. An accurate record shall be kept of all funds deposited with the residential facility for use by a consumer. This record shall contain a list of deposits and withdrawals. Consumer purchases of over $20.00, per item, shall be substantiated by receipts signed by 50 UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15
DAR File No. 30179 NOTICES OF PROPOSED RULES the consumer and professional staff. A record shall be kept of consumer petty cash funds. H. The program, in conjunction with the parent or guardian and the Division of Services for People With Disabilities support coordinator, shall apply for unearned income benefits for which a consumer is entitled.] R501-19-1. Authority and Purpose. (1) This Ris authorized under Sections 62A-2-106 and 62A-2- 108.2. (2) This Restablishes: (a) basic health and safety standards for residential treatment programs; (b) procedures and standards for permitting a residential treatment program to provide services to an adult in the same facility and under the same conditions as a child; (c) minimum administration and financial requirements; and (d) categories of residential treatment licenses. R501-19-2. Definitions. (1) "Abuse" may also include "severe emotional abuse", "severe physical abuse", and "emotional or psychological abuse", as these terms are defined in Sections 62A-4a-101 and Section 62A-3- 301. (2) "Adult" means a person 18 years old or older. (3) "Background screening clearance" means written verification that the Office of Licensing has approved an applicant's criminal, abuse, neglect, and exploitation background screenings. (4) "Certified local inspector" is defined in Section 62A-2-101. (5) "Child" is defined in Section 62A-2-101. (6) "Client" is defined in Section 62A-2-101, and shall include the child of a client when the child resides with the client at the program. (7) "Dangerous weapon" includes "firearms", "antique firearms", "explosive, chemical, or incendiary devices", ammunition, and other items as defined in Sections 76-10-306 and 76-10-501. (8) "Dietician" means an individual certified in accordance with Utah Code Ann. Title 58 Chapter 49. (9) "Direct access" is defined in Section 62A-2-101. (10) "Direct care staff" means an individual who provides educational, vocational, therapeutic, or treatment services, supervision of a client or care directly to a client, and does not include support staff. (11) "Directly supervised" is defined in Section 62A-2-120. (12) "Exploitation" is as described in Subsection 76-5-111(4). (13) "Facility" means the physical area where program activities take place, and include the buildings and grounds that are owned or leased by the program or its governing body. (14) "Guardian" means a client's legal guardian or custodian, who is legally authorized to make placement, medical, or treatment decisions on behalf of the client. (15) "Incident report" means a written description of any notable event, including but not limited to any crime, discipline, injury or illness, or unauthorized absence, and how that event was addressed. (16) "Medical emergency" means any medical condition that may: (a) be life threatening, including but not limited to shock, delirium tremens, coma, unconsciousness, convulsions, severe bleeding, or severe pain; or (b) require additional medical assistance after treatment with basic first-aid. (17) "Medical practitioner" means an individual currently licensed by the State of Utah under Utah Code Ann. Title 58 as a physician, physician's assistant, advanced practice registered nurse, practical nurse, or registered nurse. (18) "Mental health therapist" means an individual currently licensed under Title 58, Chapter 60, as a physician engaged in the practice of mental health therapy, an advanced practice registered nurse specializing in psychiatric mental health nursing, a psychologist qualified to engage in the practice of mental health therapy, a clinical social worker, a certified social worker, a marriage and family therapist, or a professional counselor. (19) "Mental illness" is defined in Section 62A-15-602. (20) "Neglect" may also include "severe neglect", as these terms are defined in Section 62A-4a-101. (21) "On call" means immediately available to staff by telephone, and able to be present on site within one hour after a staff telephone call for assistance. (22) "On duty" means awake, within visual or auditory proximity of clients, and immediately available to clients. (23) "Recreational therapist" means an individual licensed to practice recreational therapy in accordance with Title 58, Chapter 40. (24) "Regular business hours" is defined in Section 62A-2-101. (25) "Residential treatment" is defined in Section 62A-2-101. (26) "Sick" means to have a fever, an illness that may be contagious, or to be experiencing diarrhea or vomiting. (27) "Significant criminal activity" means any act or omission resulting in: (a) the abuse, neglect, or exploitation of a child or vulnerable adult; (b) the death, kidnapping, or rape of any person; (c) an assault resulting in an injury that requires additional medical assistance after treatment with basic first-aid; (d) an assault using a dangerous weapon; or (e) the damage, destruction, or misappropriation of any property or service valued at $1000 or more. (28) "Staff" means program directors, supervisors, faculty, employees, contract employees, agents, interns or volunteers who provide any program services. (29) "Staff-in-charge" means a staff who currently meets the criteria established by Section R501-2-11 and who is designated by the program as the on duty staff who is currently responsible for client supervision, program services, and compliance during a period of time designated by the program director. The staff-in-charge is not required to be designated as a supervisor by the program. (30) "Staffing ratio that is more restrictive" means a greater number of staff for a given number of clients than would otherwise required by this rule. (31) "Support staff" means staff who do not supervise clients and who only provide support services. (32) "Treatment plan" means a written description of the therapeutic and other services an individual client requires, as determined and updated after periodic assessments by a mental health therapist. (33) "Vulnerable Adult" is defined in Section 62A-2-101. R501-19-3. Legal Requirements. (1) At the time of the program's initial application to operate a residential treatment program, the program shall provide written verification to the Office of Licensing of compliance with Section UTAH STATE BULLETIN, August 1, 2007, Vol. 2007, No. 15 51
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 53: DAR File No. 30179 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 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

Create successful ePaper yourself

Delete template?

Save as template?