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2005 Montana
Legislature

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SENATE BILL NO. 101
INTRODUCED BY SCHMIDT
BY REQUEST OF THE DEPARTMENT OF PUBLIC
HEALTH AND HUMAN SERVICES
A BILL FOR AN ACT ENTITLED: "AN ACT
DEFINING "RESIDENTIAL THERAPEUTIC SCHOOLS OR PROGRAMS" AND PROVIDING
FOR REGISTRATION;
PROVIDING FOR THE CALCULATION OF SCHOOL FUNDING AND TUITION AND
TRANSPORTATION RATES FOR STUDENTS OF RESIDENTIAL THERAPEUTIC SCHOOLS
OR PROGRAMS; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND
HUMAN SERVICES TO
APPOINT A WORKING GROUP TO DEVELOP AND PRESENT
RECOMMENDATIONS TO THE CHILDREN, FAMILIES, HEALTH, AND HUMAN
SERVICES INTERIM COMMITTEE AND TO REPORT TO THE LEGISLATURE
REGARDING PROPOSED LEGISLATION FOR 2007 THAT WOULD REQUIRE
LICENSURE; AND AMENDING SECTIONS
20-5-323, 20-9-311,
50-5-101, AND
50-5-220, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MONTANA:
Section
1. Section 20-5-323, MCA, is amended to read:
"20-5-323. Tuition
and transportation rates. (1) Except as provided in
subsections (2) through (5), whenever a child has approval to attend
a school outside of the child's district of residence under the
provisions of 20-5-320 or 20-5-321, the rate of tuition charged for
a Montana resident student may not exceed 20% of the per-ANB maximum
rate established in 20-9-306 for the year of attendance.
(2) The tuition for a child with a disability must be
determined under rules adopted by the superintendent of public
instruction for the calculation of tuition for special education
pupils.
(3) The tuition rate for out-of-district placement pursuant to
20-5-321(1)(d) and (1)(e) for a student without disabilities who
requires a program with costs that exceed the average district costs
must be determined as the actual individual costs of providing that
program according to the following:
(a) the district of attendance and the district, person, or
entity responsible for the tuition payments shall approve an
agreement with the district of attendance for the tuition cost;
(b) for a Montana resident student, 80% of the maximum per-ANB
rate established in 20-9-306(10), received in the year for which the
tuition charges are calculated must be subtracted from the
per-student program costs for a Montana resident student; and
(c) the maximum tuition rate paid to a district under this
section may not exceed $2,500 per ANB.
(4) When a child attends a public school of another state or
province, the amount of daily tuition may not be greater than the
average annual cost for each student in the child's district of
residence. This calculation for tuition purposes is determined by
totaling all of the expenditures for all of the district budgeted
funds for the preceding school fiscal year and dividing that amount
by the October 1 enrollment in the preceding school fiscal year. For
the purposes of this subsection, the following do not apply:
(a) placement of a child with a disability pursuant to Title
20, chapter 7, part 4;
(b) placement made in a state or province with a reciprocal
tuition agreement pursuant to 20-5-314;
(c) an order issued under Title 40, chapter 4, part 2; or
(d) out-of-state placement by a state agency.
(5) When a child is placed by a state agency in an
out-of-state residential facility, the state agency making the
placement is responsible for the education costs resulting from the
placement.
(6) The amount, if any, charged for transportation may not
exceed the lesser of the average transportation cost for each
student in the child's district of residence or 25 cents a mile. The
average expenditures for the district transportation fund for the
preceding school fiscal year must be calculated by dividing the
transportation fund expenditures by the October 1 enrollment for the
preceding fiscal year.
(7)
(a) Whenever a child has approval to attend a school in Montana that
is outside of the state of residence of the parent or guardian of
the child, the rate of tuition and transportation charged for a
student must be set by the school district of attendance.
(b)
The tuition for a child with a disability must be determined under
rules adopted by the superintendent of public instruction for the
calculation of tuition for special education pupils.
(c) Tuition collected
under this subsection (7) may be deposited in the school district
miscellaneous program fund."
Section
2. Section 20-9-311, MCA, is amended to read:
"20-9-311. Calculation
of average number belonging (ANB). (1) Average number
belonging (ANB) must be computed as follows:
(a) compute an average enrollment by adding a count of
regularly enrolled full-time pupils who were enrolled as of the
first Monday in October of the prior school fiscal year to a count
of regularly enrolled pupils on February 1 of the prior school
fiscal year, or the next school day if those dates do not fall on a
school day, and divide the sum by two; and
(b) multiply the average enrollment calculated in subsection
(1)(a) by the sum of the pupil-instruction and the approved
pupil-instruction-related days for the current school fiscal year
and divide by 180.
(2) For the purpose of calculating ANB under subsection (1),
up to 7 approved pupil-instruction-related days may be included in
the calculation.
(3) When a school district has approval to operate less than
180 school days under 20-9-806, the total ANB must be calculated in
accordance with the provisions of 20-9-805.
(4) Enrollment for a part of a morning session or a part of an
afternoon session by a pupil must be counted as enrollment for
one-half day.
(5) In calculating the ANB for pupils enrolled in a program
established under 20-7-117(1), enrollment at a regular session of
the program for at least 2 hours of either a morning or an afternoon
session must be counted as one-half pupil for ANB purposes. The ANB
for a kindergarten student may not exceed one-half for each
kindergarten pupil.
(6) When a pupil has been absent, with or without excuse, for
more than 10 consecutive school days, the pupil may not be included
in the enrollment count used in the calculation of the ANB unless
the pupil resumes attendance prior to the day of the enrollment
count.
(7) The enrollment of prekindergarten pupils, as provided in
20-7-117, may not be included in the ANB calculations.
(8)
The enrollment of a student residing in an outdoor behavioral
program or a residential therapeutic school or program, as defined
in 50-5-101, or a youth group home, as defined in 52-2-602, may not
be included in the ANB calculation if the parent or legal guardian
of the student is not a resident of the state of Montana as provided
in 1-1-215.
(8)(9) The
average number belonging of the regularly enrolled, full-time pupils
for the public schools of a district must be based on the aggregate
of all the regularly enrolled, full-time pupils attending the
schools of the district, except that when:
(a) (i) a school of the district is located more than 20 miles
beyond the incorporated limits of a city or town located in the
district and at least 20 miles from any other school of the
district, the number of regularly enrolled, full-time pupils of the
school must be calculated separately for ANB purposes and the
district must receive a basic entitlement for the school calculated
separately from the other schools of the district;
(ii) a school of the district is located more than 20 miles
from any other school of the district and incorporated territory is
not involved in the district, the number of regularly enrolled,
full-time pupils of the school must be calculated separately for ANB
purposes and the district must receive a basic entitlement for the
school calculated separately from the other schools of the district;
(iii) the superintendent of public instruction approves an
application not to aggregate when conditions exist affecting
transportation, such as poor roads, mountains, rivers, or other
obstacles to travel, or when any other condition exists that would
result in an unusual hardship to the pupils of the school if they
were transported to another school, the number of regularly
enrolled, full-time pupils of the school must be calculated
separately for ANB purposes and the district must receive a basic
entitlement for the school calculated separately from the other
schools of the district; or
(iv) two or more elementary districts consolidate or annex
under the provisions of 20-6-203, 20-6-205, or 20-6-208, two or more
high school districts consolidate or annex under the provisions of
20-6-315 or 20-6-317, or two or more K-12 districts consolidate or
annex under Title 20, chapter 6, part 4, the ANB and the basic
entitlements of the component districts must be calculated
separately for a period of 3 years following the consolidation or
annexation. Each district shall retain a percentage of its basic
entitlement for 3 additional years as follows:
(A) 75% of the basic entitlement for the fourth year;
(B) 50% of the basic entitlement for the fifth year; and
(C) 25% of the basic entitlement for the sixth year.
(b) a junior high school has been approved and accredited as a
junior high school, all of the regularly enrolled, full-time pupils
of the junior high school must be considered as high school district
pupils for ANB purposes;
(c) a middle school has been approved and accredited, all
pupils below the 7th grade must be considered elementary school
pupils for ANB purposes and the 7th and 8th grade pupils must be
considered high school pupils for ANB purposes; or
(d) a school has not been accredited by the board of public
education, the regularly enrolled, full-time pupils attending the
nonaccredited school are not eligible for average number belonging
calculation purposes, nor will an average number belonging for the
nonaccredited school be used in determining the BASE funding program
for the district.
(9)(10) The
district shall provide the superintendent of public instruction with
semiannual reports of school attendance, absence, and enrollment for
regularly enrolled students, using a format determined by the
superintendent."
Section
1. Section 50-5-101, MCA, is amended to read:
"50-5-101. Definitions.
As used in parts 1 through 3 of this chapter, unless the context
clearly indicates otherwise, the following definitions apply:
(1) "Accreditation" means a
designation of approval.
(2) "Accreditation association
for ambulatory health care" means the organization nationally
recognized by that name that surveys ambulatory surgical centers
upon their requests and grants accreditation status to the
ambulatory surgical centers that it finds meet its standards and
requirements.
(3) "Activities of daily living"
means tasks usually performed in the course of a normal day in a
resident's life that include eating, walking, mobility, dressing,
grooming, bathing, toileting, and transferring.
(4) "Adult day-care center" means
a facility, freestanding or connected to another health care
facility, that provides adults, on a regularly scheduled basis, with
the care necessary to meet the needs of daily living but that does
not provide overnight care.
(5) (a) "Adult foster care home"
means a private home or other facility that offers, except as
provided in 50-5-216, only light personal care or custodial care to
four or fewer disabled adults or aged persons who are not related to
the owner or manager of the home by blood, marriage, or adoption or
who are not under the full guardianship of the owner or manager.
(b) As used in this subsection
(5), the following definitions apply:
(i) "Aged person" means a person
as defined by department rule as aged.
(ii) "Custodial care" means
providing a sheltered, family-type setting for an aged person or
disabled adult so as to provide for the person's basic needs of food
and shelter and to ensure that a specific person is available to
meet those basic needs.
(iii) "Disabled adult" means a
person who is 18 years of age or older and who is defined by
department rule as disabled.
(iv) (A) "Light personal care"
means assisting the aged person or disabled adult in accomplishing
such personal hygiene tasks as bathing, dressing, and hair grooming
and supervision of prescriptive medicine administration.
(B) The term does not include the
administration of prescriptive medications.
(6) "Affected person" means an
applicant for a certificate of need, a health care facility located
in the geographic area affected by the application, an agency that
establishes rates for health care facilities, or a third-party payer
who reimburses health care facilities in the area affected by the
proposal.
(7) "Assisted living facility"
means a congregate residential setting that provides or coordinates
personal care, 24-hour supervision and assistance, both scheduled
and unscheduled, and activities and health-related services.
(8) "Capital expenditure" means:
(a) an expenditure made by or on
behalf of a health care facility that, under generally accepted
accounting principles, is not properly chargeable as an expense of
operation and maintenance; or
(b) a lease, donation, or
comparable arrangement that would be a capital expenditure if money
or any other property of value had changed hands.
(9) "Certificate of need" means a
written authorization by the department for a person to proceed with
a proposal subject to 50-5-301.
(10) "Chemical dependency
facility" means a facility whose function is the treatment,
rehabilitation, and prevention of the use of any chemical substance,
including alcohol, that creates behavioral or health problems and
endangers the health, interpersonal relationships, or economic
function of an individual or the public health, welfare, or safety.
(11) "Clinical laboratory" means a
facility for the microbiological, serological, chemical,
hematological, radiobioassay, cytological, immunohematological,
pathological, or other examination of materials derived from the
human body for the purpose of providing information for the
diagnosis, prevention, or treatment of a disease or assessment of a
medical condition.
(12) "College of American
pathologists" means the organization nationally recognized by that
name that surveys clinical laboratories upon their requests and
accredits clinical laboratories that it finds meet its standards and
requirements.
(13) "Commission on accreditation
of rehabilitation facilities" means the organization nationally
recognized by that name that surveys rehabilitation facilities upon
their requests and grants accreditation status to a rehabilitation
facility that it finds meets its standards and requirements.
(14) "Comparative review" means a
joint review of two or more certificate of need applications that
are determined by the department to be competitive in that the
granting of a certificate of need to one of the applicants would
substantially prejudice the department's review of the other
applications.
(15) "Congregate" means the
provision of group services designed especially for elderly or
disabled persons who require supportive services and housing.
(16) "Construction" means the
physical erection of a health care facility and any stage of the
physical erection, including groundbreaking, or remodeling,
replacement, or renovation of an existing health care facility.
(17) "Council on accreditation"
means the organization nationally recognized by that name that
surveys behavioral treatment programs, chemical dependency treatment
programs, residential treatment facilities, and mental health
centers upon their requests and grants accreditation status to
programs and facilities that it finds meet its standards and
requirements.
(18) "Critical access hospital"
means a facility that is located in a rural area, as defined in 42
U.S.C. 1395ww(d)(2)(D), and that has been designated by the
department as a critical access hospital pursuant to 50-5-233.
(19) "Department" means the
department of public health and human services provided for in
2-15-2201.
(20) "End-stage renal dialysis
facility" means a facility that specializes in the treatment of
kidney diseases and includes freestanding hemodialysis units.
(21) "Federal acts" means federal
statutes for the construction of health care facilities.
(22) "Governmental unit" means the
state, a state agency, a county, municipality, or political
subdivision of the state, or an agency of a political subdivision.
(23) (a) "Health care facility" or
"facility" means all or a portion of an institution, building, or
agency, private or public, excluding federal facilities, whether
organized for profit or not, that is used, operated, or designed to
provide health services, medical treatment, or nursing,
rehabilitative, or preventive care to any individual. The term
includes chemical dependency facilities, critical access hospitals,
end-stage renal dialysis facilities, home health agencies, home
infusion therapy agencies, hospices, hospitals, infirmaries,
long-term care facilities, intermediate care facilities for the
developmentally disabled, medical assistance facilities, mental
health centers, outpatient centers for primary care, outpatient
centers for surgical services, rehabilitation facilities,
residential care facilities,
outdoor behavioral
programs, residential therapeutic schools or programs, and
residential treatment facilities.
(b) The term does not include
offices of private physicians, dentists, or other physical or mental
health care workers regulated under Title 37, including licensed
addiction counselors.
(24) "Home health agency" means a
public agency or private organization or subdivision of the agency
or organization that is engaged in providing home health services to
individuals in the places where they live. Home health services must
include the services of a licensed registered nurse and at least one
other therapeutic service and may include additional support
services.
(25) "Home infusion therapy
agency" means a health care facility that provides home infusion
therapy services.
(26) "Home infusion therapy
services" means the preparation, administration, or furnishing of
parenteral medications or parenteral or enteral nutritional services
to an individual in that individual's residence. The services
include an educational component for the patient, the patient's
caregiver, or the patient's family member.
(27) "Hospice" means a coordinated
program of home and inpatient health care that provides or
coordinates palliative and supportive care to meet the needs of a
terminally ill patient and the patient's family arising out of
physical, psychological, spiritual, social, and economic stresses
experienced during the final stages of illness and dying and that
includes formal bereavement programs as an essential component. The
term includes:
(a) an inpatient hospice
facility, which is a facility managed directly by a medicare-certified
hospice that meets all medicare certification regulations for
freestanding inpatient hospice facilities; and
(b) a residential hospice
facility, which is a facility managed directly by a licensed hospice
program that can house three or more hospice patients.
(28) (a) "Hospital" means a
facility providing, by or under the supervision of licensed
physicians, services for medical diagnosis, treatment,
rehabilitation, and care of injured, disabled, or sick individuals.
Services provided may or may not include obstetrical care, emergency
care, or any other service allowed by state licensing authority. A
hospital has an organized medical staff that is on call and
available within 20 minutes, 24 hours a day, 7 days a week, and
provides 24-hour nursing care by licensed registered nurses. The
term includes hospitals specializing in providing health services
for psychiatric, developmentally disabled, and tubercular patients.
(b) The term does not include
critical access hospitals.
(29) "Infirmary" means a facility
located in a university, college, government institution, or
industry for the treatment of the sick or injured, with the
following subdefinitions:
(a) an "infirmary--A" provides
outpatient and inpatient care;
(b) an "infirmary--B" provides
outpatient care only.
(30) (a) "Intermediate care
facility for the developmentally disabled" means a facility or part
of a facility that provides intermediate developmental disability
care for two or more persons.
(b) The term does not include
community homes for persons with developmental disabilities that are
licensed under 53-20-305 or community homes for persons with severe
disabilities that are licensed under 52-4-203.
(31) "Intermediate developmental
disability care" means the provision of intermediate nursing care
services, health-related services, and social services for persons
with a developmental disability, as defined in 53-20-102, or for
persons with related problems.
(32) "Intermediate nursing care"
means the provision of nursing care services, health-related
services, and social services under the supervision of a licensed
nurse to patients not requiring 24-hour nursing care.
(33) "Joint commission on
accreditation of healthcare organizations" means the organization
nationally recognized by that name that surveys health care
facilities upon their requests and grants accreditation status to a
health care facility that it finds meets its standards and
requirements.
(34) "Licensed health care
professional" means a licensed physician, physician
assistant-certified, advanced practice registered nurse, or
registered nurse who is practicing within the scope of the license
issued by the department of labor and industry.
(35) (a) "Long-term care facility"
means a facility or part of a facility that provides skilled nursing
care, residential care, intermediate nursing care, or intermediate
developmental disability care to a total of two or more individuals
or that provides personal care.
(b) The term does not include
community homes for persons with developmental disabilities licensed
under 53-20-305; community homes for persons with severe
disabilities, licensed under 52-4-203; youth care facilities,
licensed under 52-2-622; hotels, motels, boardinghouses,
roominghouses, or similar accommodations providing for transients,
students, or individuals who do not require institutional health
care; or juvenile and adult correctional facilities operating under
the authority of the department of corrections.
(36) "Medical assistance facility"
means a facility that meets both of the following:
(a) provides inpatient care to
ill or injured individuals before their transportation to a hospital
or that provides inpatient medical care to individuals needing that
care for a period of no longer than 96 hours unless a longer period
is required because transfer to a hospital is precluded because of
inclement weather or emergency conditions. The department or its
designee may, upon request, waive the 96-hour restriction
retroactively and on a case-by-case basis if the individual's
attending physician, physician assistant-certified, or nurse
practitioner determines that the transfer is medically inappropriate
and would jeopardize the health and safety of the individual.
(b) either is located in a county
with fewer than six residents a square mile or is located more than
35 road miles from the nearest hospital.
(37) "Mental health center" means
a facility providing services for the prevention or diagnosis of
mental illness, the care and treatment of mentally ill patients, the
rehabilitation of mentally ill individuals, or any combination of
these services.
(38) "Nonprofit health care
facility" means a health care facility owned or operated by one or
more nonprofit corporations or associations.
(39) "Offer" means the
representation by a health care facility that it can provide
specific health services.
(40) (a) "Outdoor behavioral
program" means a program that provides treatment, rehabilitation,
and prevention for behavioral problems that endanger the health,
interpersonal relationships, or educational functions of a youth and
that:
(i) serves either adjudicated or
nonadjudicated youth;
(ii) charges a fee for its
services; and
(iii) provides all or part of its
services in the outdoors.
(b)
An outdoor behavioral program may also be a residential therapeutic
school or program.
(b)(c) "Outdoor
behavioral program"
The term does not include recreational programs such as boy
scouts, girl scouts, 4-H clubs, or other similar organizations.
(41) "Outpatient center for
primary care" means a facility that provides, under the direction of
a licensed physician, either diagnosis or treatment, or both, to
ambulatory patients and that is not an outpatient center for
surgical services.
(42) "Outpatient center for
surgical services" means a clinic, infirmary, or other institution
or organization that is specifically designed and operated to
provide surgical services to patients not requiring hospitalization
and that may include recovery care beds.
(43) "Patient" means an individual
obtaining services, including skilled nursing care, from a health
care facility.
(44) "Person" means an individual,
firm, partnership, association, organization, agency, institution,
corporation, trust, estate, or governmental unit, whether organized
for profit or not.
(45) "Personal care" means the
provision of services and care for residents who need some
assistance in performing the activities of daily living.
(46) "Practitioner" means an
individual licensed by the department of labor and industry who has
assessment, admission, and prescription authority.
(47) "Recovery care bed" means,
except as provided in 50-5-235, a bed occupied for less than 24
hours by a patient recovering from surgery or other treatment.
(48) "Rehabilitation facility"
means a facility that is operated for the primary purpose of
assisting in the rehabilitation of disabled individuals by providing
comprehensive medical evaluations and services, psychological and
social services, or vocational evaluation and training or any
combination of these services and in which the major portion of the
services is furnished within the facility.
(49) "Resident" means an
individual who is in a long-term care facility or in a residential
care facility.
(50) "Residential care facility"
means an adult day-care center, an adult foster care home, an
assisted living facility, or a retirement home.
(51) "Residential psychiatric
care" means active psychiatric treatment provided in a residential
treatment facility to psychiatrically impaired individuals with
persistent patterns of emotional, psychological, or behavioral
dysfunction of such severity as to require 24-hour supervised care
to adequately treat or remedy the individual's condition.
Residential psychiatric care must be individualized and designed to
achieve the patient's discharge to less restrictive levels of care
at the earliest possible time.
(52)
(a) "Residential therapeutic school or program" means a school or
program that provides therapy and education in a residential setting
to youth who are experiencing emotional, behavioral, or learning
problems and who have a history of failing in academic, social,
moral, or emotional development at home or in less-structured or
traditional schools. A residential therapeutic school or program may
include but is not limited to the following schools or programs if
they are not otherwise licensed:
(i) an
outdoor behavioral program;
(ii) a
boarding school; or
(iii)
a residential program that represents that it provides supervision
and structure for youth.
(b)
The term does not include:
(i) a
youth care facility as defined in 52-2-602; or
(ii)
recreational programs such as boy scouts, girl scouts, 4-H clubs, or
other similar organizations.
(52)(53) "Residential
treatment facility" means a facility operated for the primary
purpose of providing residential psychiatric care to individuals
under 21 years of age.
(53)(54) "Retirement
home" means a building or buildings in which separate living
accommodations are rented or leased to individuals who use those
accommodations as their primary residence.
(54)(55) "Skilled
nursing care" means the provision of nursing care services,
health-related services, and social services under the supervision
of a licensed registered nurse on a 24-hour basis.
(55)(56) "State
health care facilities plan" means the plan prepared by the
department to project the need for health care facilities within
Montana and approved by the governor and a statewide health
coordinating council appointed by the director of the department.
(56)(57) "Swing
bed" means a bed approved pursuant to 42 U.S.C. 1395tt to be used to
provide either acute care or extended skilled nursing care to a
patient."
Section
2. Section 50-5-220, MCA, is amended to read:
"50-5-220. Licensure
or registration of
outdoor behavioral programs -- exemption. (1) The department
shall provide for licensure of a qualified outdoor behavioral
program that accepts public funding. An outdoor behavioral program
that does not accept public funds or governmental contracts is
exempt from licensure.
(2) The department shall develop
administrative rules for licensure that must include program
requirements, staff requirements, staff-to-youth ratios, staff
training and health requirements, youth admission requirements,
water and nutritional requirements, health care and safety,
environmental requirements, infectious disease control,
transportation, and evacuation. The department may accept
accreditation by a nationally recognized accrediting or certifying
body but may not require the accreditation.
(3)
An outdoor behavioral program that is a residential therapeutic
school or program must be licensed under this section or registered
under [section 5
3]."
NEW
SECTION. Section 3. Licensure
and registration
REGISTRATION of residential therapeutic schools or programs
-- reporting requirement. (1) A residential therapeutic
school or program that is not licensed as an outdoor behavioral
program under 50-5-220 is required to register with the department.
(2) In order to register, a
residential therapeutic school or program shall provide the
following information pertaining to the school or program to the
department:
(a) a description of the program
at each facility;
(b) the location and contact
information for each facility;
(c) the staffing levels and staff
qualifications for each facility;
(d) the number of youth served at
each facility;
(e) description of the school
curriculum of the facility or program; and
(f) copies of facility policies
governing:
(i) admission and discharge;
(ii) behavior management plans;
(iii) availability of routine and
emergency medical and psychological care; and
(iv) contact with family members.
(3) All professionals, officials,
and workers in a registered residential therapeutic school or
program are subject to the reporting requirements under 41-3-201 for
any incident of suspected child abuse or neglect.
NEW
SECTION. Section 4. Department
WORKING GROUP -- recommendations to interim committee --
report to legislature.
(1) THE DIRECTOR OF THE DEPARTMENT SHALL APPOINT A WORKING GROUP AND
SHALL APPOINT AS MEMBERS OF THE GROUP FIVE REPRESENTATIVES FROM
REGISTERED RESIDENTIAL THERAPEUTIC SCHOOLS OR PROGRAMS, TWO
REPRESENTATIVES FROM THE DEPARTMENT, ONE REPRESENTATIVE FROM THE
DEPARTMENT OF LABOR AND INDUSTRY, AND ONE CHILD ADVOCATE.
(2) THE WORKING GROUP SHALL STUDY VARIOUS METHODS OF LICENSURE
FOR RESIDENTIAL THERAPEUTIC SCHOOLS OR PROGRAMS AND REPORT PROGRESS
AT EACH MEETING OF THE CHILDREN, FAMILIES, HEALTH, AND HUMAN
SERVICES INTERIM COMMITTEE.
(3) The
department
WORKING GROUP shall develop and make recommendations
concerning proposed legislation to require licensure of all
residential therapeutic schools or programs for presentation to the
children, families, health, and human services interim committee on
or before September 1, 2006, and shall report those recommendations
to the legislature as provided in 5-11-210.
In developing the
proposed legislation, the department shall consult with interested
parties, including representatives from residential therapeutic
schools or programs, public schools, and youth advocates. The
proposed legislation must consider and address the diversity of
residential therapeutic schools or programs currently available and
must provide some flexibility in the oversight and regulation of the
schools or programs.
NEW
SECTION. Section
5. Codification instruction. [Section
5
3]
is intended to be codified as an integral part of Title 50, chapter
5, part 2, and the provisions of Title 50, chapter 5, part 2, apply
to [section 5
3].
- END -
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