BEFORE THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 37.95.162, 37.95.622, and 37.95.703 pertaining to annual training requirements for child care facilities
AMENDED NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO: All Concerned Persons
1. On September 23, 2016, the Department of Public Health and Human Services published MAR Notice No. 37-769 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 1649 of the 2016 Montana Administrative Register, Issue Number 18.
2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on November 28, 2016, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena MT 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail firstname.lastname@example.org.
3. It has come to the department's attention that the original proposed amendments that require orientation and on-going training as well as CPR and First Aid for child care providers and caregivers did not include legally certified providers. The Child Care and Development Block Grant Act of 2014 (CCDBG) requires legally certified providers to complete these training requirements. The proposed supplemental language is necessary in order to meet the CCDBG requirements.
4. ARM 37.95.162 remains as proposed, but with the following changes to the original proposal, new matter underlined, deleted matter interlined:
37.95.162 DAY CARE FACILITIES: TRAINING (1) through (5) remain as proposed.
(6) Each legally certified provider must complete:
(a) the orientation training described in (2) within 90 days of approval. The orientation training may count toward the first year of continuing education and training;
(b) eight hours of training annually; and
(c) infant, child, and adult CPR, infant choking response, and standard first aid. Course completion means direct instruction which includes the practice and demonstrated applications of CPR methods as taught by instructors from accredited entities.
AUTH: 52-2-704, MCA
IMP: 52-2-704, 52-2-723, 52-2-731, MCA
5. The statement of reasonable necessity is being amended as follows, new matter underlined:
At page 1653 of the proposal notice, the following text is being added after paragraph four:
The department proposes adding new language under (6) to require legally certified providers to participate in training and completion of CPR and first aid. The Child Care and Development Block Grant Act of 2014 (CCDBG) requires legally certified providers to complete these training requirements.
6. ARM 37.95.622 and 37.95.703 remain as proposed.
7. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kenneth Mordan, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on December 5, 2016. The department has extended the comment period ten days. Comments may also be faxed to (406) 444-9744 or e-mailed to email@example.com.
/s/ Francis X. Clinch /s/ Richard H. Opper
Francis X. Clinch, Chief Counsel Richard H. Opper, Director
Rule Reviewer Public Health and Human Services
Certified to the Secretary of State November 14, 2016.