BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

 

In the matter of the adoption of New Rules I through III, the amendment of ARM 37.114.101, 37.114.105, 37.114.201, 37.114.203, 37.114.204, 37.114.301, 37.114.313, 37.114.314, 37.114.315, 37.114.501, 37.114.512, 37.114.515, 37.114.530, 37.114.531, 37.114.546, 37.114.552, 37.114.571, 37.114.583, 37.114.1001, 37.114.1002, 37.114.1005, 37.114.1006, 37.114.1015, and 37.114.1016, and the repeal of ARM 37.114.527 and 37.114.1010 pertaining to the periodic update of administrative rules related to the reporting and control of communicable disease

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NOTICE OF ADOPTION, AMENDMENT, AND REPEAL

 

TO: All Concerned Persons

 

1. On February 3, 2017, the Department of Public Health and Human Services published MAR Notice No. 37-775 pertaining to the public hearing on the proposed adoption, amendment, and repeal of the above-stated rules at page 161 of the 2017 Montana Administrative Register, Issue Number 3.

 

2. The department has adopted the following rules as proposed: New Rules I (37.114.316), II (37.114.526), and III (37.114.590).

 

3. The department has amended the following rules as proposed: ARM 37.114.101, 37.114.201, 37.114.313, 37.114.314, 37.114.315, 37.114.501, 37.114.512, 37.114.515, 37.114.530, 37.114.531, 37.114.546, 37.114.552, 37.114.571, 37.114.583, 37.114.1001, 37.114.1002, 37.114.1005, 37.114.1006, 37.114.1015, and 37.114.1016.

 

4. The department has repealed the following rules as proposed: ARM 37.114.527 and 37.114.1010.

 

5. The department has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

37.114.105 INCORPORATION BY REFERENCE (1) The department adopts and incorporates by reference the following publications:

          (a) and (b) remain as proposed.

          (c) The "Sexually Transmitted Diseases Treatment Guidelines, 2010 2015" are published by the U.S. Centers for Disease Control and Prevention in the December 17, 2010 June 5, 2015, Morbidity and Mortality Weekly Report, volume 51 64, hereafter referred to as "Sexually Transmitted Diseases Treatment Guidelines, 2015," and specify the most currently accepted effective treatments for sexually transmitted diseases.

          (d) through (2) remain as proposed.

 

AUTH:  50-1-202, MCA

IMP:  50-1-202, MCA 

         

          37.114.203 REPORTABLE DISEASES AND CONDITIONS (1) The following communicable diseases and conditions are reportable:
          (a) through (s) remain as proposed.
          (t) Gastroenteritis outbreak;
          (t) through (bo) remain as proposed, but are renumbered (u) through (bp).
          (2) remains as proposed.

 

AUTH: 50-1-202, 50-17-103, 50-18-105, 50-18-106, MCA

IMP: 50-1-202, 50-2-118, 50-17-103, 50-18-102, 50-18-106, MCA

 

         

          37.114.204 REPORTS AND REPORT DEADLINES (1) through (2)(a)(iv) remain as proposed.
          (v) Gastroenteritis outbreak;
          (v) through (x) remain as proposed, but are renumbered (vi) through (xi).
          (b) through (5) remain as proposed.

 

AUTH:  50-1-202, 50-17-103, 50-18-105, MCA

IMP: 50-1-202, 50-17-103, 50-18-102, 50-18-106, MCA

 

          37.114.301 SENSITIVE OCCUPATIONS AND SETTINGS (1) through (4) remain as proposed. 

AUTH: 50-1-202, MCA

IMP: 50-1-202, MCA

 

6. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT #1: Two comments stated that the "Sexually Transmitted Treatment Guidelines" under ARM 37.114.105(1)(c) reference the 2010 guidelines rather than the 2015 guidelines. Every other reference to the guidelines refers to the 2015 guidelines and it seems that the reference should also be to the 2015 guidelines rather than the 2010 guidelines.

 

RESPONSE #1: The department appreciates your comments and has addressed this by amending the reference to the most recent 2015 "Sexually Transmitted Treatment Guidelines" in ARM 37.114.105.

 

COMMENT #2: A commenter stated that they like the expanded definition found in ARM 37.114.301(4) but they are not sure it is in the right place. The clause refers to participants and residents, not workers in sensitive occupations. The commenter did not think they would look here for guidance on participants in congregate settings.

 

RESPONSE #2: The department has noted this discrepancy and has addressed it by adding "AND SETTINGS" to the catchphrase of ARM 37.114.301. This will address the issue identified by the commenter.

 

COMMENT #3: A commenter noted that "gastroenteritis outbreaks" are not reportable within the "Control of Communicable Diseases Manual, an Official Report of the American Public Health Association" (20th edition, 2015)." The commenter asked whether the department intended to remove this term from ARM 37.114.203 and 37.114.204.

 

RESPONSE #3: The department thanks the commenter for pointing out this oversight. The department has withdrawn the proposed deletion of the term "gastroenteritis outbreak" and has added the term back into these administrative rules.

 

          7. The department intends to apply these rule adoptions, amendments, and repeals retroactively to July 1, 2016. A retroactive application of the proposed rule adoptions, amendments, and repeals does not result in a negative impact to any affected party.

 

 

/s/ Nicholas Domitrovich                        /s/ Sheila Hogan                                   

Nicholas Domitrovich, Attorney             Sheila Hogan, Director

Rule Reviewer                                       Public Health and Human Services

         

Certified to the Secretary of State March 13, 2017.