BEFORE THE DEPARTMENT OF LABOR AND INDUSTRY

                                           STATE OF MONTANA 

 

In the matter of the adoption of New Rules I through V pertaining to pediatric complex care assistant license

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

            1. On August 25, 2023, the Department of Labor and Industry (agency) published MAR Notice No. 24-160-1 regarding the public hearing on the proposed adoption of the above-stated rules, at page 833 of the 2023 Montana Administrative Register, Issue No. 16.

 

            2. On September 15, 2023, a public hearing was held on the proposed adoption of the above-stated rules via the videoconference and telephonic platform. Comments were received by the deadline.

 

            3. The agency has thoroughly considered the comments received. A summary of the comments and the agency responses are as follows:

 

COMMENT 1: The department received several comments that NEW RULE II, pertaining to certification of training for PCCA licensees, should provide for certification by specialists and others well-qualified to ensure appropriate training for specific skills by the licensees.

 

RESPONSE 1: The department agrees with the comment, and amends the proposal below.

 

COMMENT 2: A commenter requested that the department ensure licensure fees are minimized.

 

RESPONSE 2: The department acknowledges the request.  The fees are minimal.

 

COMMENT 3: A commenter requested clarity that CNA duties would be included in the scope of practice for PCCA licensees.

 

RESPONSE 3: The comment is noted.  House Bill 449, Section 1(4)(b)(i) states that duties equivalent to a certified nursing assistant may be performed by a PCCA licensee.  Further clarification in rule is not necessary.

 

            4. The agency has adopted NEW RULE III (24.160.501), NEW RULE IV (24.160.401), and NEW RULE V (24.160.2301) as proposed.

 

            5. The agency has adopted NEW RULES I and II with the following changes from the original proposal, stricken matter interlined, new matter underlined:

 

            NEW RULE I (24.160.301)  DEFINITIONS (1) remains as proposed.

            (2) "Medical provider" includes a primary care provider and specialist care providers.

 

            AUTH: [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:     [House Bill 449, Section 1], [House Bill 449, Section 2]

 

            NEW RULE II (24.160.505)  TRAINING PROGRAM (1) remains as proposed.

            (a) the primary care medical provider of the individual for whom the licensee will provide care; or

            (b) through (3) remain as proposed.

 

            AUTH: [House Bill 449, Section 1], [House Bill 449, Section 2]

            IMP:     [House Bill 449, Section 1], [House Bill 449, Section 2]

 

 

/s/ QUINLAN L. O'CONNOR Quinlan L. O'Connor Rule Reviewer

/s/ SARAH SWANSON Sarah Swanson, Commissioner DEPARTMENT OF LABOR AND INDUSTRY

 

 

            Certified to the Secretary of State October 10, 2023.