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Rule Title: DEFINITIONS
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LICENSURE OF DAY CARE FACILITIES
Subchapter: General Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.95.102    DEFINITIONS

(1) "Aide" means a facility staff person who carries out assigned care-giving tasks under the direct supervision of a primary care-giver or director. 

(2) "Care-giver" means a licensee, registrant, employee, aide, or volunteer who is responsible for the direct care and supervision of children in a day care facility.

(3) "CPR" means cardio-pulmonary resuscitation.

(4) "Day care" or "child care" means care for children provided by an adult, other than a parent of the children or other person living with the children as a parent, on a regular basis for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours. In addition to the definitional language found at 52-2-703 , MCA, the term also means care to a child up to the age of 13 years except as indicated otherwise in these rules. The term does not include care by a relative, unless registration or licensure as a day care facility is required to receive payments as provided in 52-2-713 , MCA.

(5) "Day care center" means an out-of-home place in which day care is provided to 13 or more children on a regular basis.

(6) "Day care facility" means a person, association, or place, incorporated or unincorporated, that provides day care on a regular basis, or a place licensed or registered to provide day care on an irregular basis for children suffering from illness. It includes a family day care home, a day care center, a group day care home, or a facility providing care in a child's home for the purpose of meeting registration requirements for the receipt of payments as provided in 52-2-713 , MCA. The term does not include:

(a) a person who limits care to children who are related to the person by blood or marriage or under the person's legal guardianship, unless registration or licensure as a day care facility is required to receive payments as provided in 52-2-713 , MCA; or

(b) any group facility established chiefly for educational purposes that limits its services to children who are three years of age or older. In addition to the previous definitional language found at 52-2-703 , MCA, the term also does not include a person caring for the children of a single family, or a person, not receiving any type of state payment for day care, who is caring for children in the children's own home. In addition to the children being cared for in their own home, there may be no more than two children from another home being cared for by the same provider.

(7) "Delayed renewal application" means a renewal application which is submitted to the department prior to the certificate expiration date, but is submitted in an incomplete manner, resulting in a delay in the issuance of the certificate.

(8) "Department" means the Department of Public Health and Human Services provided for in 2-15-2201 , MCA.

(9) "Director" means the person designated on the center application or otherwise by written notice to the department as the person responsible for the daily operation of a day care center. A director is also responsible for implementing appropriate child development principles and knowledge of family relationships in providing daily care to the children cared for in the facility.

(10) "DT vaccine" means a vaccine containing a combination of diphtheria and tetanus toxoids for pediatric use.

(11) "DTP vaccine" means a vaccine containing diphtheria and tetanus toxoids and pertussis (whooping cough) vaccine combined, including a vaccine referred to as DTaP, diphtheria, tetanus toxoid, and acellular pertussis vaccine combined.

(12) "Family day care home" means a private residence in which day care is provided to three to six children on a regular basis. In addition to the previous definitional language found at 52-2-703, MCA, the term also means a day care facility providing care to no more than three children under two years of age unless care is provided exclusively for children under age two. For facilities providing care exclusively to children under age two, family day care home means a place in which supplemental parental care is provided for up to four children under the age of two. No other children shall be in attendance.

(13) "Group day care home" means a private residence or other structure in which day care is provided to seven to 12 children on a regular basis. In addition to the previous definitional language found at 52-2-703, MCA, the term also means a day care facility providing care to seven to 12 children with no more than six children under two years of age, unless care is provided exclusively for children under age two. For facilities providing care exclusively for children under age two, group day care home means a place in which supplemental parental care is provided for up to eight children under age two. No other children shall be in attendance.

(a) Facilities caring exclusively for children under age two shall maintain a staff/infant ratio of one caregiver for each four infants in attendance.

(b) Facilities may not provide care to more than three children under the age of two years while also caring for children over two years of age when only one caregiver is present.

(14) "Harm to children" means harm to a child's health or welfare as defined in 41-3-102, MCA.

(15) "Health care provider" means a licensed physician, a physician assistant-certified, a nurse practitioner, a registered nurse, or a naturopathic physician practicing within the scope of the license.

(16) "Hib vaccine" means a vaccine immunizing against infection by Haemophilus influenza type B disease.

(17) "Infant" means a child under 19 months of age.

(18) "Lapsed registration/license" means:

(a) an application for registration/licensing renewal which is received by the department after the registration/licensing expiration date;

(b) an application which is incomplete and results in a break-in-license span; or

(c) any break in the license/registration span resulting from a lapse of required insurance or resulting from a failure to comply with another licensure requirement.

(19) "License" means a written document issued by the department that the license holder has complied with the applicable standards and rules for day care centers.

(20) "Local health authority" means a local health officer, local department of health, or local board of health.

(21) "MMR vaccine" means a live virus vaccine containing a combination of measles, mumps, and rubella vaccine.

(22) "Night care" means care provided for a child between the hours of 7 p.m. and 7 a.m. during which the parents desire a child to sleep.

(23) "Overlap care" means care provided at a day care facility for children age three and older for the times before and after school and approved by the department for a designated period of time not to exceed three hours when the number of children in care may exceed the number of children registered for care on the registration certificate.

(24) "Nonprovider staff" means a staff person of a day care facility who does not participate in a care-giving role.

(25) "Nonprescription medication" means any over the counter medication that is not specifically prescribed by a physician, but is recommended by a health care provider or a parent or guardian for a specific child.

(26) "Physician" means a person licensed to practice medicine under Title 37, chapter 3, MCA.

(27) "Portable wading pool" means a structure which contains water, is used for aquatic activities, and is less than 24 inches high.

(28) "Preschooler" means a child between 36 months of age and the age the child will be when he or she initially enters a public or private school system.

(29) "Prescription medication" means medication prescribed by a licensed health care provider for a specific person which may only be obtained through a pharmacy by prescription.

(30) "Primary care-giver" means a facility staff person who meets the requirements as outlined in ARM 37.95.622 and who regularly provides direct care to the children who attend the day care facility.

(31) "Probationary license" means a day care facility license or registration certificate whose status has been reduced for a specified period of time for a licensing violation and which will be reinstated to regular status upon successful completion of and compliance with remedial measures identified by the department to address specific deficiencies.

(32) "Provider" means the applicant for license or registration, the licensee or registrant.

(33) "Provisional certificate" means a registration or license status that is given to a day care provider, if the provider does not meet all the registration or license requirements but is attempting to comply. This status can be granted for a period of up to three months. A second three month certificate may be issued at the discretion of the day care licensing program manager.

(34) "Public sewage system" means a system of collection, transportation, treatment, or disposal of sewage that is designed to serve or serves 15 or more families or 25 or more persons for a period of at least 60 days out of the calendar year.

(35) "Public water supply system" means a system for the provision of water for human consumption from any community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that is designed to serve or serves 15 or more families or 25 or more persons daily or has at least 15 service connections at least 60 days out of the calendar year.

(36) "Registrant" means the holder of a registration certificate issued by the department in accordance with the provisions of Title 52, chapter 2, part 7, MCA.

(37) "Registration" means the process whereby the department maintains a record of all family day care homes and group day care homes, prescribes standards, promulgates rules, and requires the operator of a family day care home or a group day care home to certify compliance with the prescribed standards and promulgated rules.

(38) "Registration certificate" means a written instrument issued by the department to publicly document that the certificate holder has, in writing, certified to the department compliance with this rule and the applicable standards for family day care home and group day care homes.

(39) "Regular basis" means providing day care to children of separate families for any daily periods of less than 24 hours and within three or more consecutive weeks. In addition to the previous definitional language found at 52-2-703 , MCA, the term also means the child must be in attendance four or more days a week for six hours a day or more.

(40) "Regular certificate" means a license status that is given upon determination that the day care provider is meeting all requirements set forth for family day care homes, or group day care homes, or day care centers.

(41) "Related by blood or marriage" means the status of a child who is the son, daughter, brother, sister, first cousin, nephew, niece, or grandchild of a person providing child care.

(a) The term includes the status of a child described above in a step or adoptive relationship.

(42) "Remote means of egress" means escape routes in the day care which consist of two exits whose distance apart is equal to or greater than one half the diagonal distance of the space occupied to minimize the possibility that both exits will be blocked off by a fire or other emergency condition.

(43) "Renewal registration/license" means a registration or license certificate that has reached its expiration date and the holder of that registration/license desires to renew or continue operations allowed by the registration/license.

(44) "Restricted certificate" means a restricted license or registration status assigned when it has been determined that the provider is unable to meet certain specific requirement criteria, but the provider is complying with an agreed upon plan of correction.

(45) "Safe sleep environment" means an environment where an infant is placed in a safety-approved crib with a firm mattress and a firmly fitted sheet or a safety-approved play yard for all naps. For children one year of age or over, a nap mat may be used as long as compliance with ARM 37.95.1005 is met. The infant must be placed on their back and only a lightweight blanket is allowed with the infant. The infant should be dressed in safe garments and provided a smoke-free environment.

(46) "School age child" means a person who is at least five years of age and who is younger than 13 years of age or a person with special needs, as defined by the department, who is under 18 years of age or is 18 years of age and a full time student expected to complete an educational program by 19 years of age.

(47) "Substitute" means any person not regularly employed by a child care facility who temporarily takes the place of an approved staff person, other than the director.

(48) "Supervision" means the provider and all caregivers shall be able to see or hear the children at all times.

(49) "Supplemental parental care" means the provision of day care by an adult other than a parent, guardian, or person in loco parentis on a regular basis for daily periods of less than 24 hours.

(50) "Toddler" means a child who is 19 months of age to 36 months of age.

(51) "Vaccine" means one of the following:

(a) if administered in the United States, an immunizing agent approved by the Bureau of Biologics, Food and Drug Administration, United States Public Health Services; or

(b) if administered outside the United States, an immunizing agent administered by a person licensed to practice medicine in the country where it is administered or by an agent of the principal public health agency of that country and properly documented as required by ARM 37.114.708.

(52) "Varicella" means an attenuated, live virus vaccine to prevent chicken pox disease.

(53) "Volunteer" means any person who enters into service voluntarily, but who when in service is subject to discipline and regulations like any other employee.

History: 52-2-704, 53-4-212, 53-4-503, MCA; IMP, 52-2-702, 52-2-703, 52-2-704, 52-2-713, 52-2-723, 52-2-725, 52-2-731, 52-2-735, 52-2-736, 53-2-201, 53-4-211, 53-4-212, 53-4-601, 53-4-611, 53-4-612, MCA; NEW, Eff. 4/5/76; AMD, 1978 MAR p. 205, Eff. 2/5/78; AMD, 1981 MAR p. 1792, Eff. 12/18/81; AMD, 1985 MAR p. 2041, Eff. 12/27/85; AMD, 1986 MAR p. 52, Eff. 1/17/86; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; AMD, 1992 MAR p. 45, Eff. 1/17/92; AMD, 1993 MAR p. 941, Eff. 7/1/93; AMD, 1994 MAR p. 2740, Eff. 10/14/94; AMD, 1997 MAR p. 1920, Eff. 10/21/97; TRANS, from DFS, 1998 MAR p. 2881; AMD, 2000 MAR p. 2415, Eff. 9/8/00; AMD, 2002 MAR p. 2231, Eff. 8/16/02; AMD, 2006 MAR p. 2136, Eff. 6/2/06; AMD, 2012 MAR p. 1368, Eff. 7/13/12.


 

 
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