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| Montana Administrative Register Notice 37-880 | No. 12 06/21/2019 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On July 11, 2019, at 11:30 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.
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 July 2, 2019, to advise us of the nature of the accommodation that you need. Please contact Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail [email protected].
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.104.3001 DEFINITIONS In addition to the definitions in 50-6-401, MCA, the following definitions apply to this subchapter: (2) through (10) remain the same, but are renumbered (1) through (9). (12) through (24) remain the same, but are renumbered (11) through (23).
AUTH: 50-6-402, MCA
4. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) is proposing to amend ARM 37.104.3001. The rule was last updated in 2015. The "State Trauma Plan (2006-2010)" referenced in the rule is outdated. An updated State Trauma Plan has been created and approved by the State Trauma Care Committee (STCC) and Regional Trauma Care Committees (RTACs). The STCC is comprised of members of various medical groups across the state including: Montana Trauma Coordinators; Central Regional Trauma Advisory Committee (RTAC), Eastern RTAC; Committee on Trauma/American College of Surgeons (ACS); Medical Association; MT Hospital Association; MT Emergency Nurses Association; Emergency Medical Services (EMS) Association; Indian Health Service, Western RTAC; Private Ambulance Operators; and American College of Emergency Physicians. The updated plan better reflects current trauma care and needs. The updated plan also further explains and expands upon the previous designation criteria and clarifies expectations for facilities to succeed.
Since the Designation Criteria is adopted and incorporated by reference, the rule must be updated to reflect adoption of the updated plan. The department is proposing to revise the rule to reference the updated plan. Additionally, the department is proposing to revise the rule to remove reference to an outdated reference to Appendix J of the State Trauma Plan 2006-2010, which defines the criteria for including a patient in the state trauma registry. There is no Appendix J in the updated plan and the rule already provides for the data required to be submitted to the department's trauma registry.
The department is proposing to renumber the remaining definitions within the rule to reflect removal of the reference to Appendix J. The department is also proposing to remove the reference to the Montana Trauma System Plan website as the plan is not available online. The plan is provided to trauma coordinators throughout the state and can be provided upon request to other individuals by contacting the department at the mailing address specified in the rule.
The proposed revisions are necessary to ensure the rule refers to the updated plan. The updated plan is necessary to reflect the continued advancement of medical practice that has occurred throughout the nation and to clarify the designation criteria.
Fiscal Impact
This proposed rule amendment is anticipated to have no fiscal impact.
5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Gwen Knight, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., July 19, 2019.
6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Robert Lishman /s/ Sheila Hogan Robert Lishman Sheila Hogan, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State June 11, 2019.
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For questions about the organization of the ARM or this web site, contact [email protected].
