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CHAPTER 6400. COMMUNITY HOMES FOR
INDIVIDUALS WITH MENTAL RETARDATION
GENERAL PROVISIONS Sec.
6400.1. Introduction.
6400.2. Purpose.
6400.3. Applicability.
6400.4. Definitions.
6400.5. [Reserved].
GENERAL REQUIREMENTS
6400.11. Licensure or approval of facilities and agencies.
6400.12. Appeals.
6400.13. Maximum capacity.
6400.14. Fire safety occupancy permit.
6400.15. Self-assessment of homes.
6400.16. Abuse.
6400.17. Child abuse.
6400.18. Reporting of unusual incidents.
6400.19. Reporting of deaths.
6400.20. Record of incidents.
6400.21. Criminal history record check.
6400.22. Individual funds and property.
6400.23. Grievance procedures.
INDIVIDUAL RIGHTS
6400.31. Informing and encouraging exercise of rights.
6400.32. Rights.
6400.33. Rights of the individual.
6400.34. Civil rights.
STAFFING
6400.41. Effective date of staff qualifications.
6400.42. Minimum age.
6400.43. Chief executive officer.
6400.44. Program specialist.
6400.45. Staffing.
6400.46. Staff training.
6400.47. [Reserved].
6400.48. [Reserved].
6400.49. [Reserved].
PHYSICAL SITE
6400.61. Special accommodations.
6400.62. Poisons.
6400.63. Heat sources.
6400.64. Sanitation.
6400.65. Ventilation.
6400.66. Lighting.
6400.67. Surfaces.
6400.68. Running water.
6400.69. Indoor temperature.
6400.70. Telephone.
6400.71. Emergency telephone numbers.
6400.72. Screens, windows and doors.
6400.73. Handrails and railings.
6400.74. Nonskid surfaces.
6400.75. Landings.
6400.76. Furniture and equipment.
6400.77. First aid kit.
6400.78. Indoor living space.
6400.79. Elevators.
6400.80. Exterior conditions.
6400.81. Individual bedrooms.
6400.82. Bathrooms.
6400.83. Kitchens.
6400.84. Laundry.
6400.85. Swimming pools.
6400.86. Firearms.
6400.87. [Reserved].
FIRE SAFETY
6400.101. Unobstructed egress.
6400.102. Exits.
6400.103. Evacuation procedures.
6400.104. Notification to local fire department.
6400.105. Flammable and combustible materials.
6400.106. Furnaces.
6400.107. Portable space heaters.
6400.108. Wood and coal burning stoves.
6400.109. Fireplaces.
6400.110. Smoke detectors and fire alarms.
6400.111. Fire extinguishers.
6400.112. Fire drills.
6400.113. Fire safety training for individuals.
6400.114. Smoking safety procedures.
PROGRAM
6400.121. Assessment.
6400.122. Development of the IPP.
6400.123. Review, update and rewrite of the IPP.
6400.124. Participation in the development of the IPP.
6400.125. Content of the IPP.
6400.126. Implementation of the IPP.
6400.127. Copies of the IPP.
6400.128. Program activities.
6400.129. Day services.
6400.130. Recreational and social activities.
6400.131. [Reserved].
6400.132. [Reserved].
6400.133. [Reserved].
6400.134. [Reserved].
6400.135. [Reserved].
6400.136. [Reserved].
6400.137. [Reserved].
INDIVIDUAL HEALTH
6400.141. Individual physical examination.
6400.142. Dental care.
6400.143. Refusal of treatment.
6400.144. Health services.
6400.145. Emergency medical plan.
STAFF HEALTH
6400.151. Staff physical examination.
6400.152. Communicable diseases.
6400.153. [Reserved].
6400.154. [Reserved].
6400.155. [Reserved].
6400.156. [Reserved].
MEDICATIONS
6400.161. Storage of medications.
6400.162. Labeling of medications.
6400.163. Use of prescription medications.
6400.164. Medication log.
6400.165. Medication errors.
6400.166. Adverse reaction.
6400.167. Administration of prescription medications and injections.
6400.168. Medications administration training.
6400.169. Self-administration of medications.
NUTRITION
6400.171. Protection of food.
6400.172. Three meals a day.
6400.173. Quantity of food.
6400.174. Food groups.
6400.175. Serving of meals.
6400.176. Returned food.
6400.177. [Reserved].
6400.178. [Reserved].
RESTRICTIVE PROCEDURES
6400.191. Definition of restrictive procedures.
6400.192. Written policy.
6400.193. Appropriate use of restrictive procedures.
6400.194. Restrictive procedure review committee.
6400.195. Restrictive procedure plan.
6400.196. Staff training.
6400.197. Seclusion.
6400.198. Aversive conditioning.
6400.199. Chemical restraints.
6400.200. Mechanical restraints.
6400.201. Use of personal funds and property.
6400.202. Manual restraints.
6400.203. Exclusion.
6400.204. Emergency use of exclusion and manual restraints.
6400.205. Restrictive procedure records.
6400.206. Notification.
INDIVIDUAL RECORDS
6400.211. Emergency information.
6400.212. Individual records.
6400.213. Content of records.
6400.214. Record location.
6400.215. Record retention.
6400.216. Access.
6400.217. Release of information.
6400.218. [Reserved].
HOMES SERVING NINE OR MORE RESIDENTS
6400.231. Additional requirements for homes serving nine or more residents.
6400.232. Awake staff persons.
6400.233. Sewage system approval.
6400.234. Indoor living furniture.
6400.235. Elevators and ramps.
6400.236. Evacuation procedures.
6400.237. Exit signs.
6400.238. Laundry.
6400.239. Dining area.
6400.240. Dishwashing.
6400.241. Food storage.
6400.242. Returned food.
6400.243. Menus.
6400.244. Bedrooms.
6400.245. Bathrooms.
EMERGENCY PLACEMENT
6400.251. Exceptions.
6400.252. Other requirements.
RESPITE CARE
6400.261. Exceptions for respite care.
6400.262. Exceptions for emergency respite care.
6400.263. Other requirements.
SEMI-INDEPENDENT LIVING
6400.271. Semi-independent living abilities.
6400.272. Annual documentation.
6400.273. Exceptions.
6400.274. Additional requirements.
6400.275. Other requirements.Authority The provisions of this Chapter 6400 issued under the Public Welfare Code (62 P. S. § 1021); amended under Article X of the Public Welfare Code (62 P. S. § § 10011080), unless otherwise noted.
Source The provisions of this Chapter 6400 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384, unless otherwise noted.
Cross References This chapter cited in 55 Pa. Code § 2380.2 (relating to applicability); 55 Pa. Code § 3800.3 (relating to exemptions); 55 Pa. Code § 3800.56 (relating to exceptions for staff qualifications); 55 Pa. Code § 4305.11 (relating to exempt services); 55 Pa. Code § 6000.351 (relating to licensing criteria); 55 Pa. Code § 6000.903 (relating to licensing applicability); 55 Pa. Code § 6500.3 (relating to applicability); and 55 Pa. Code § 6500.41 (relating to effective date of staff qualifications).
GENERAL PROVISIONS
§ 6400.1. Introduction.
This chapter is based on the principle of normalization which defines the right of the individual with mental retardation to live a life which is as close as possible in all aspects to the life which any member of the community might choose. For the individual with mental retardation who requires a residential service, the design of the service shall be made with the individuals unique needs in mind so that the service will facilitate the persons ongoing growth and development.
Source The provisions of this § 6400.1 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131347).
§ 6400.2. Purpose.
The purpose of this chapter is to protect the health, safety and well-being of individuals with mental retardation, through the formulation, implementation and enforcement of minimum requirements for the operation of community homes for people with mental retardation.
Source The provisions of this § 6400.3 amended under Articles IX and X of the Public Welfare Code (62 P. S. § § 901922 and 10011080).
Source The provisions of this § 6400.3 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595; amended June 25, 1999, effective October 26, 1999, 29 Pa.B. 3295. Immediately preceding text appears at serial pages (251407) to (251408).
Cross References The provisions of this § 6400.4 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131348).
§ 6400.5. [Reserved].
Source The provisions of this § 6400.5 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (131348) and (133673).
GENERAL REQUIREMENTS
§ 6400.11. Licensure or approval of facilities and agencies.
The requirements specified in Chapter 20 (relating to licensure or approval of facilities and agencies) shall be met.
Source The provisions of this § 6400.11 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133673).
§ 6400.12. Appeals.
Appeals related to the Departments licensure shall be made in accordance with 2 Pa.C.S. § § 501508 and 701704 (relating to the Administrative Agency Law) and Chapter 9003 of the Public Welfare Manual published at 7 Pa.B. 3264 (November 5, 1977) to be codified at Chapter 30 (relating to licensure or approval appeal procedures).
Source The provisions of this § 6400.12 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133674).
§ 6400.13. Maximum capacity.
The maximum capacity specified on the certificate of compliance may not be exceeded.
Source The provisions of this § 6400.13 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133674).
Cross References The provisions of this § 6400.14 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133674).
§ 6400.15. Self-assessment of homes.
(a) The agency shall complete a self-assessment of each home the agency operates serving eight or fewer individuals, within 3 to 6 months prior to the expiration date of the agencys certificate of compliance, to measure and record compliance with this chapter.
(b) The agency shall use the Departments licensing inspection instrument for the community homes for people with mental retardation regulations to measure and record compliance.
(c) A copy of the agencys self-assessment results and a written summary of corrections made shall be kept by the agency for at least 1 year.
Source The provisions of this § 6400.15 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended November 16, 1984, effective November 17, 1984, 14 Pa.B. 4161; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133674) to (133675).
§ 6400.16. Abuse.
Abuse of an individual is prohibited. Abuse is an act or omission of an act that willfully deprives an individual of rights or human dignity or which may cause or causes actual physical injury or emotional harm to an individual, such as striking or kicking an individual; neglect; rape; sexual molestation, sexual exploitation or sexual harrassment of an individual; sexual contact between a staff person and an individual; restraining an individual without following the requirements in this chapter; financial exploitation of an individual; humiliating an individual; or withholding regularly scheduled meals.
Source The provisions of this § 6400.16 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133675).
Cross References This section cited in 55 Pa. Code § 6000.403 (relating to nonapplicability).
§ 6400.17. Child abuse.
The home shall immediately report abuse or suspected abuse of an individual 17 years of age or younger to ChildLine (800) 932-0313.
Source The provisions of this § 6400.18 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133675) to (133676).
Cross References This section cited in 55 Pa. Code § 6000.303 (relating to no license factors); 55 Pa. Code § 6400.273 (relating to exceptions); and 55 Pa Code § 6000.903 (relating to licensing applicability).
§ 6400.19. Reporting of deaths.
(a) The home shall complete and send copies of a death report on a form specified by the Department to the county mental retardation program of the county in which the home is located, the funding agency and the regional office of mental retardation, within 24 hours after a death of an individual occurs.
(b) The home shall investigate and orally notify the county mental retardation program of the county in which the home is located, the funding agency and the appropriate regional office of mental retardation within 24 hours after an unusual or unexpected death occurs.
(c) A copy of death reports shall be kept in the individuals record.
(d) The individuals family or guardian shall be immediately notified in the event of a death of an individual.
Source The provisions of this § 6400.19 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133676).
§ 6400.20. Record of incidents.
The home shall maintain a record of individual illnesses, seizures, acute emotional traumas and accidents requiring medical attention but not inpatient hospitalization, that occur at the home.
Source The provisions of this § 6400.20 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133676).
§ 6400.21. Criminal history record check.
(a) An application for a Pennsylvania criminal history record check shall be submitted to the State Police for prospective employes of the home who will have direct contact with individuals, including part-time and temporary staff persons who will have direct contact with individuals, within 5 working days after the persons date of hire.
(b) If a prospective employe who will have direct contact with individuals resides outside this Commonwealth, an application for a Federal Bureau of Investigation (FBI) criminal history record check shall be submitted to the FBI in addition to the Pennsylvania criminal history record check, within 5 working days after the persons date of hire.
(c) The Pennsylvania and FBI criminal history record checks shall have been completed no more than 1 year prior to the persons date of hire.
(d) A copy of the final reports received from the State Police and the FBI, if applicable, shall be kept.
(e) If the home serves primarily individuals who are 17 years of age or younger, 23 Pa.C.S. § § 63016384 (relating to the Child Protective Services Law) applies.
Source The provisions of this § 6400.21 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133676).
§ 6400.22. Individual funds and property.
(a) There shall be a written policy that establishes procedures for the protection and adequate accounting of individual funds and property and for counseling the individual concerning the use of funds and property.
(b) The homes policy may not prohibit the individuals right to manage the individuals own finances.
(c) Individual funds and property shall be used for the individuals benefit.
(d) The home shall keep an up-to-date financial and property record for each individual that includes the following:
(1) Personal possessions and funds received by or deposited with the home.
(2) Disbursements made to or for the individual.
(e) If the home assumes the responsibility of maintaining an individuals financial resources, the following shall be maintained for each individual:
(1) A separate record of financial resources, including the dates and amounts of deposits and withdrawals.
(2) For a withdrawal when the individual is given the money directly, the record shall indicate that funds were given directly to the individual.
(3) Documentation, by actual receipt or expense record, of each single purchase exceeding $15 made on behalf of the individual carried out by or in conjunction with a staff person.
(f) There may be no commingling of the individuals personal funds with the home or staff persons funds.
(g) There may be no borrowing of the individuals personal funds by staff persons or by the home.
Source The provisions of this § 6400.22 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.23. Grievance procedures.
The home shall have written grievance procedures for individuals, individuals families, advocates and staff persons, that assure investigation and resolution of complaints.
Source The provisions of this § 6400.23 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
INDIVIDUAL RIGHTS
§ 6400.31. Informing and encouraging exercise of rights.
(a) Each individual, or the individuals parent, guardian or advocate, if appropriate, shall be informed of the individuals rights upon admission and annually thereafter.
(b) Statements signed and dated by the individual, or the individuals parent, guardian or advocate, if appropriate, acknowledging receipt of the information on rights upon admission and annually thereafter, shall be kept.
(c) Each individual shall be encouraged to exercise his rights.
Source The provisions of this § 6400.31 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131353).
§ 6400.32. Rights.
An individual may not be deprived of rights.
Source The provisions of this § 6400.32 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (131353) to (131354).
§ 6400.33. Rights of the individual.
(a) An individual may not be neglected, abused, mistreated or subjected to corporal punishment.
(b) An individual may not be required to participate in research projects.
(c) An individual has the right to manage personal financial affairs.
(d) An individual has the right to participate in program planning that affects the individual.
(e) An individual has the right to privacy in bedrooms, bathrooms and during personal care.
(f) An individual has the right to receive, purchase, have and use personal property.
(g) An individual has the right to receive scheduled and unscheduled visitors, communicate, associate and meet privately with family and persons of the individuals own choice.
(h) An individual has the right to reasonable access to a telephone and the opportunity to receive and make private calls, with assistance when necessary.
(i) An individual has the right to unrestricted mailing privileges.
(j) An individual who is of voting age shall be informed of the right to vote and shall be assisted to register and vote in elections.
(k) An individual has the right to practice the religion or faith of the individuals choice.
(l) An individual has the right to be free from excessive medication.
(m) An individual may not be required to work at the home, except for the upkeep of the individuals personal living areas and the upkeep of common living areas and grounds.
Source The provisions of this § 6400.33 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131354).
§ 6400.34. Civil rights.
(a) An individual may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, national origin, age or sex.
(b) The home shall develop and implement civil rights policies and procedures. Civil rights policies and procedures shall include the following:
(1) Nondiscrimination in the provision of services, admissions, placement, use of the home, referrals and communication with non-English speaking and nonverbal individuals.
(2) Physical accessibility and accommodations for individuals with physical disabilities.
(3) The opportunity to lodge civil rights complaints.
(4) Informing individuals of their right to register civil rights complaints.
Source The provisions of this § 6400.34 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
STAFF
§ 6400.41. Effective date of staff qualifications.
(a) Sections 6400.43(c) and 6400.44(c) (relating to chief executive officer; and program specialist) apply to chief executive officers and program specialists hired or promoted after November 8, 1991.
(b) Sections 6400.43(c) and 6400.44(c) as published as Chapter 9054 at 12 Pa.B. 384 (January 23, 1982) and which appeared in this title of the Pennsylvania Code at serial pages (133677) to (133678) apply to chief executive officers and program specialists hired or promoted prior to November 8, 1991.
Source The provisions of this § 6400.41 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended July 1, 1983, effective July 2, 1983, 13 Pa.B. 2064; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131354).
§ 6400.42. Minimum age.
A staff person counted in the staff-individual ratio shall be 18 years of age or older.
Source The provisions of this § 6400.42 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (131354).
§ 6400.43. Chief executive officer.
(a) There shall be one chief executive officer responsible for the home or agency.
(b) The chief executive officer shall be responsible for the administration and general management of the home, including the following:
(1) Implementation of policies and procedures.
(2) Admission and discharge of individuals.
(3) Safety and protection of individuals.
(4) Compliance with this chapter.
(c) A chief executive officer shall have one of the following groups of qualifications:
(1) A masters degree or above from an accredited college or university and 2 years work experience in administration or the human services field.
(2) A bachelors degree from an accredited college or university and 4 years work experience in administration or the human services field.
Source The provisions of this § 6400.43 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133677).
Notes of Decisions Qualifications
The Department of Public Welfare did not abuse its discretion in adopting a hearing examiners recommendation to deny a residential health care facility for children with pulmonary impairments request for a waiver of the requirement that is chief executive officer have a college degree so that its founder and administrator could become chief executive officer even though she did not hold a college degree, where the Department chose not to compromise its clearly-written and reasonable requirement that the chief executive officer have a college degree, and where it is imperative that health care facilities maintain high standards in order to give the best care to their patients, especially when the patients are medically fragile children. Second Breath v. Department of Public Welfare, 731 A.2d 674 (Pa. Cmwlth. 1999).
Cross References This section cited in 55 Pa. Code § 6400.41 (relating to effective date of staff qualifications); and 55 Pa. Code § 6500.41 (relating to effective date of staff qualifications).
§ 6400.44. Program specialist.
(a) A minimum of one program specialist shall be assigned for every 30 individuals. A program specialist shall be responsible for a maximum of 30 people, including people served in other types of services.
(b) A program specialist shall be responsible for the program at the home, including the following:
(1) The individuals daily activities.
(2) Coordination or completion of assessments.
(3) Coordination or development and review of individual program plans.
(4) Coordination of training and development for individuals.
(5) Development of planned program activities.
(6) Participation in interdisciplinary team meetings.
(7) Ensurance of the implementation of individual program plans and program activities.
(c) A program specialist shall have one of the following groups of qualifications:
(1) A masters degree or above from an accredited college or university and 1 year work experience working directly with persons with mental retardation.
(2) A bachelors degree from an accredited college or university and 2 years work experience working directly with persons with mental retardation.
(3) An associates degree or 60 credit hours from an accredited college or university and 4 years work experience working directly with persons with mental retardation.
Source The provisions of this § 6400.44 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133677) to (133678).
Cross References This section cited in 55 Pa. Code § 6400.41 (relating to effective date of staff qualifications); and 55 Pa. Code § 6500.41 (relating to effective date of staff qualifications).
§ 6400.45. Staffing.
(a) A minimum of one staff person for every eight individuals shall be awake and physically present at the home when individuals are awake at the home.
(b) A minimum of one staff person for every 16 individuals shall be physically present at the home when individuals are sleeping at the home.
(c) An individual may be left unsupervised for specific periods of time if the absence of direct supervision is consistent with the individuals assessment and is part of the IPP aimed at achieving a higher level of independence.
(d) An individual may not be left unsupervised solely for the convenience of the home or the staff.
Source The provisions of this § 6400.45 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133678).
Cross References The provisions of this § 6400.46 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133678).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors).
§ 6400.47. [Reserved].
Source The provisions of this § 6400.47 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133678) to (133679).
§ 6400.48. [Reserved].
Source The provisions of this § 6400.48 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133679).
§ 6400.49. [Reserved].
Source The provisions of this § 6400.49 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133679).
PHYSICAL SITE
§ 6400.61. Special accommodations.
(a) A home serving individuals with a physical disability, blindness, a visual impairment, deafness or a hearing impairment shall have accommodations to ensure the safety and reasonable accessibility for entrance to, movement within and exit from the home based upon each individuals needs.
(b) A home serving individuals with a physical disability, blindness, a visual impairment, deafness or a hearing impairment shall have adaptive equipment necessary for the individuals to move about and function at the home.
Source The provisions of this § 6400.61 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133679).
§ 6400.62. Poisons.
(a) Poisonous materials shall be kept locked or made inaccessible to individuals.
(b) Poisonous materials may be kept unlocked if all individuals living in the home are able to safely use or avoid poisonous materials. Documentation of each individuals ability to safely use or avoid poisonous materials shall be in each individuals assessment.
(c) Poisonous materials shall be stored in their original, labeled containers.
(d) Poisonous materials shall be kept separate from food, food preparation surfaces and dining surfaces.
Source The provisions of this § 6400.62 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133679) to (133680).
Cross References The provisions of this § 6400.63 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133680).
Cross References This section cited in 55 Pa. Code § 6400.273 (relating to exceptions).
§ 6400.64. Sanitation.
(a) Clean and sanitary conditions shall be maintained in the home.
(b) There may not be evidence of infestation of insects or rodents in the home.
(c) Trash shall be removed from the premises at least once per week.
(d) Trash in the bathroom, dining and kitchen areas shall be kept in cleanable receptacles that prevent the penetration of insects and rodents.
(e) Trash receptacles over 18 inches high shall have lids.
(f) Trash outside the home shall be kept in closed receptacles that prevent the penetration of insects and rodents.
Source The provisions of this § 6400.64 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133680).
§ 6400.65. Ventilation.
Living areas, recreation areas, dining areas, individual bedrooms, kitchens and bathrooms shall be ventilated by at least one operable window or by mechanical ventilation.
Source The provisions of this § 6400.65 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133680).
§ 6400.66. Lighting.
Rooms, hallways, interior stairways, outside steps, outside doorways, porches, ramps and fire escapes shall be lighted to assure safety and to avoid accidents.
Source The provisions of this § 6400.66 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133680).
§ 6400.67. Surfaces.
(a) Floors, walls, ceilings and other surfaces shall be in good repair.
(b) Floors, walls, ceilings and other surfaces shall be free of hazards.
(c) If the home serves an individual 4 years of age or younger or an individual who ingests paint or paint substances, the home shall test all layers of paint at the home for lead content. If the testing shows lead content exceeding .06%, paint shall be completely stripped and recovered with lead free paint or securely encased with other lead free material. Documentation of the lead paint testing and results shall be kept.
Source The provisions of this § 6400.67 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133680) to (133681).
§ 6400.68. Running water.
(a) A home shall have hot and cold running water under pressure.
(b) Hot water temperatures in bathtubs and showers may not exceed 120°F.
(c) A home that is not connected to a public water system shall have a coliform water test by a Department of Environmental Resources certified laboratory stating that the water is safe for drinking purposes at least every 3 months. Written certification of the water test shall be kept.
Source The provisions of this § 6400.68 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133681).
Cross References This section cited in 55 Pa. Code § 6400.273 (relating to exceptions).
§ 6400.69. Indoor temperature.
(a) The indoor temperature may not be less than 65°F during nonsleeping hours while individuals are present in the home.
(b) The indoor temperature may not be less than 58°F during sleeping hours.
(c) When the indoor temperature exceeds 85°F, mechanical ventilation, such as fans shall be used.
Source The provisions of this § 6400.69 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133681).
§ 6400.70. Telephone.
A home shall have an operable, noncoin-operated telephone with an outside line that is easily accessible to individuals and staff persons.
Source The provisions of this § 6400.70 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133681).
§ 6400.71. Emergency telephone numbers.
Telephone numbers of the nearest hospital, police department, fire department, ambulance and poison control center shall be on or by each telephone in the home with an outside line.
Source The provisions of this § 6400.71 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133681).
§ 6400.72. Screens, windows and doors.
(a) Windows, including windows in doors, shall be securely screened when windows or doors are open.
(b) Screens, windows and doors shall be in good repair.
(c) Outside doors shall have operable locks.
Source The provisions of this § 6400.72 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133681) to (133682).
§ 6400.73. Handrails and railings.
(a) Each ramp, and interior stairway and outside steps exceeding two steps shall have a well-secured handrail.
(b) Each porch that has over an 18-inch drop shall have a well-secured railing.
Source The provisions of this § 6400.73 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133682).
§ 6400.74. Nonskid surfaces.
Interior stairs and outside steps shall have a nonskid surface.
Source The provisions of this § 6400.74 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133682).
§ 6400.75. Landings.
(a) A landing shall be provided beyond each interior and exterior door that opens directly into a stairway.
(b) A landing shall be at least as wide as the stairs leading to the landing.
Source The provisions of this § 6400.75 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133682).
§ 6400.76. Furniture and equipment.
(a) Furniture and equipment shall be nonhazardous, clean and sturdy.
(b) Furniture and equipment shall be appropriate for the age and size of the individuals.
(c) Furniture shall be comfortable and home-like.
(d) In homes serving eight or fewer individuals, there shall be a sufficient amount of living and family room furniture to seat all individuals at the same time.
(e) In homes serving eight or fewer individuals, there shall be dining tables with seating for all individuals at the same time.
Source The provisions of this § 6400.76 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133682).
Cross References This section cited in 55 Pa. Code § 6000.331 (relating to repeated noncompliance areas).
§ 6400.77. First aid kit.
(a) A home shall have a first aid kit.
(b) A first aid kit shall contain antiseptic, an assortment of adhesive bandages, sterile gauze pads, a thermometer, tweezers, tape, scissors and syrup of Ipecac, if an individual 4 years of age or younger, or an individual likely to ingest poisons, is served.
(c) A first aid manual shall be kept with the first aid kit.
Source The provisions of this § 6400.77 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133682).
§ 6400.78. Indoor living space.
(a) A home shall have living and dining areas that are separate from bedrooms.
(b) A home shall have at least 30 square feet per individual and at least 90 square feet per home of common use indoor living space measured wall to wall, excluding bedrooms, hallways, kitchens, lavatories and offices. This requirement does not apply to homes licensed in accordance with this chapter prior to November 8, 1991.
Source The provisions of this § 6400.78 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133683).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.79. Elevators.
If an elevator is present in the home, there shall be a valid certificate of operation from the Department of Labor and Industry.
Source The provisions of this § 6400.79 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133683).
§ 6400.80. Exterior conditions.
(a) Outside walkways shall be free from ice, snow, obstructions and other hazards.
(b) The outside of the building and the yard or grounds shall be well maintained, in good repair and free from unsafe conditions.
Source The provisions of this § 6400.81 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133683).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.82. Bathrooms.
(a) There shall be at least one toilet for every four individuals for homes opened on or after March 15, 1982. There shall be at least one toilet for every six individuals for homes opened on or before March 14, 1982.
(b) There shall be at least one bathtub or shower for every four individuals for homes opened on or after March 15, 1982. There shall be at least one bathtub or shower for every six individuals for homes opened on or before March 14, 1982.
(c) For homes serving one or more individuals who have physical disabilities, at least one sink, one toilet and one tub or shower shall be adapted so that individuals who have physical disabilities have easy access and use.
(d) Privacy shall be provided for toilets, showers and bathtubs by partitions or doors. Curtains are acceptable dividers if the bathroom is used only by one sex or only by individuals 9 years of age or younger.
(e) Bathtubs and showers shall have a nonslip surface or mat.
(f) Each bathroom and toilet area that is used shall have a sink, wall mirror, soap, toilet paper, individual clean paper or cloth towels and trash receptacle.
(g) An individual washcloth, bath towel and toothbrush shall be provided for each individual.
Source The provisions of this § 6400.82 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133683).
§ 6400.83. Kitchens.
(a) A home shall have a kitchen area with a refrigerator, sink, cooking equipment and cabinets for storage.
(b) Special provisions shall be made and adaptive equipment shall be provided, when necessary, to assist individuals in eating at the table.
(c) Utensils used for eating, drinking and preparation of food or drink shall be washed and rinsed after each use.
Source The provisions of this § 6400.83 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended April 25, 1986, effective July 1, 1987, as the provisions apply to community residential facilities that were licensed as semi-independent living under this chapter prior to April 26, 1986, 16 Pa.B. 1487; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133683) to (133684).
§ 6400.84. Laundry.
(a) Bed linens, towels, washcloths and individual clothing shall be laundered at least weekly.
(b) Clean laundry shall be stored in an area separate from soiled laundry.
Source The provisions of this § 6400.84 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133684).
§ 6400.85. Swimming pools.
(a) An in-ground swimming pool shall be fenced with a gate that is locked when the pool is not in use.
(b) An aboveground swimming pool that is under 4 feet in height shall be made inaccessible to individuals when the pool is not in use.
Source The provisions of this § 6400.85 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended April 25, 1986, effective April 26, 1986, with the exceptions of a family living facility approved by the Department as a family living facility prior to July 6, 1985 is exempt from the provisions of § 6400.85(b) and (e), 16 Pa.B. 1487. Immediately preceding text appears at serial pages (133684) to (133685).
Cross References This section cited in 55 Pa. Code § 6000.342 (relating to indoor floor space).
§ 6400.86. Firearms.
Firearms and ammunition are not permitted in the home or on the property of the home.
Source The provisions of this § 6400.86 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133685).
§ 6400.87. [Reserved].
Source The provisions of this § 6400.87 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133685) to (133686).
FIRE SAFETY
§ 6400.101. Unobstructed egress.
Stairways, halls, doorways, passageways and exits from rooms and from the building shall be unobstructed.
Source The provisions of this § 6400.101 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133686).
§ 6400.102. Exits.
If four or more individuals sleep above the ground floor, there shall be a minimum of two interior or exterior exits from each floor. If a fire escape is used as an exit it shall be permanently installed.
Source The provisions of this § 6400.102 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133686).
§ 6400.103. Evacuation procedures.
There shall be written emergency evacuation procedures that include individual and staff responsibilities, means of transportation and an emergency shelter location.
Source The provisions of this § 6400.103 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133686) to (133687).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors); and 55 Pa. Code § 6400.236 (relating to evacuation procedures).
§ 6400.104. Notification to local fire department.
The home shall notify the local fire department in writing of the address of the home and the exact location of the bedrooms of individuals who need assistance evacuating in the event of an actual fire. The notification shall be kept current.
Source The provisions of this § 6400.104 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133687).
§ 6400.105. Flammable and combustible materials.
Flammable and combustible supplies and equipment shall be utilized safely and stored away from heat sources.
Source The provisions of this § 6400.105 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133687).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors).
§ 6400.106. Furnaces.
Furnaces shall be inspected and cleaned at least annually by a professional furnace cleaning company. Written documentation of the inspection and cleaning shall be kept.
Source The provisions of this § 6400.106 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133688).
§ 6400.107. Portable space heaters.
Portable space heaters, defined as heaters that are not permanently mounted or installed, are not permitted in any room including staff rooms.
Source The provisions of this § 6400.107 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133688).
§ 6400.108. Wood and coal burning stoves.
(a) The use of wood and coal burning stoves is permitted only if the stove is inspected and approved for safe installation by a fire safety expert. Written documentation of the inspection and approval shall be kept.
(b) Wood and coal burning stoves, including chimneys and flues, shall be cleaned at least every year if used more frequently than once per week during the winter season. Written documentation of the cleaning shall be kept.
Source The provisions of this § 6400.108 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.109. Fireplaces.
(a) A fireplace shall be securely screened or equipped with protective guards while in use.
(b) A fireplace chimney and flue shall be cleaned at least once a year if used more frequently than once per week during the winter season. Written documentation of the cleaning shall be kept.
Source The provisions of this § 6400.112 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.113. Fire safety training for individuals.
(a) An individual, including an individual 17 years of age or younger, shall be instructed in the individuals primary language or mode of communication, upon initial admission and reinstructed annually in general fire safety, evacuation procedures, responsibilities during fire drills, the designated meeting place outside the building or within the fire safe area in the event of an actual fire and smoking safety procedures if individuals smoke at the home.
(b) If an individual is medically or functionally unable to participate in the fire safety training, documentation shall be kept specifying why the individual could not participate.
(c) A written record of fire safety training, including the content of the training and a list of the individuals attending, shall be kept.
Source The provisions of this § 6400.113 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.114. Smoking safety procedures.
(a) If an individual or staff person smokes at the home, there shall be written smoking safety procedures.
(b) Written smoking safety procedures shall be followed.
Source The provisions of this § 6400.114 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
PROGRAM
§ 6400.121. Assessment.
(a) An individual shall have a written assessment within 45 calendar days after admission and annually thereafter.
(b) The assessment shall be completed and updated, or coordinated, by the program specialist.
(c) The program specialist shall sign and date the assessment.
(d) The assessment shall be based on assessment instruments, interviews, progress notes and observations.
(e) The assessment shall include the following information:
(1) Documentation of the individuals disability, including functional and medical limitations.
(2) An assessment of adaptive behavior and level of skills completed within 6 months prior to admission.
(3) A lifetime medical history.
(4) The individuals current level of functioning including the ability to perform personal needs activities with or without assistance from others.
(5) Functional strengths and needs of the individual.
(6) The likes, dislikes and interests of the individual.
(7) The individuals level of personal and social adjustment.
(8) The individuals progress and growth in the areas of health, motor and communication, activities of residential living, personal adjustment, socialization and recreation and financial independence.
(9) The individuals ability to manage the individuals own finances and property.
(10) The individuals need for supervision.
(11) The individuals ability to safely use or avoid poisonous materials, if poisonous materials are not kept locked or made inaccessible to individuals.
(12) The individuals understanding of the danger of heat sources and ability to sense and move away from heat sources quickly, if heat sources exceeding 120°F accessible to the individual are not insulated.
(13) The individuals progress toward self-administration, if the individual is not able to self-administer medications.
(14) Recommendations for specific areas of training, programming and services.
(15) Additional evaluations as necessary.
(f) A copy of the assessment shall be kept in the individuals record.
(g) The individual, the individuals parent, guardian or advocate, if appropriate, and the county case manager if the individual is funded through the county mental retardation program, shall be informed of the results of the assessment. Documentation of transmittal of this information shall be kept.
Source The provisions of this § 6400.121 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133688).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.122. Development of the IPP.
(a) An IPP shall be developed for each individual, based on the individual assessment, within 60 calendar days of the individuals admission date.
(b) The IPP shall be developed by an interdisciplinary team.
(c) Members of the interdisciplinary team shall include the individual, the individuals direct care staff, the program specialist, the individuals parent, guardian or advocate, if appropriate, the county case manager if the individual is funded through the county mental retardation program, the program specialist for the individuals day program, and other specialists, such as medical, nursing, behavior management, speech, occupational or physical therapy specialists if appropriate for the individuals special needs.
(d) At least three members of the interdisciplinary team, in addition to the individual if the individual chooses to attend, shall be present at the interdisciplinary team meeting at which the IPP is developed.
(e) Members of the interdisciplinary team who attend the meeting to develop the IPP shall sign and date the IPP.
Source The provisions of this § 6400.122 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133688).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.123. Review, revision and rewrite of the IPP.
(a) A review of each individuals progress on the IPP and a revision of the IPP, if necessary, shall be completed or coordinated by the program specialist at least every 3 months.
(b) The IPP shall be revised in accordance with subsection (a) if there has been no progress on a goal, if a goal is no longer appropriate or if a goal needs to be added.
(c) The IPP shall be reviewed and rewritten by the interdisciplinary team at least annually.
(d) At least three members of the interdisciplinary team, in addition to the individual if the individual chooses to attend, shall be present at the annual interdisciplinary team meeting at which the IPP is reviewed and rewritten.
(e) Members of the interdisciplinary team who attend the meeting to rewrite the annual IPP shall sign and date the new IPP.
(f) The IPP shall be discussed with, dated by and signed by the individual, the individuals parent, guardian or advocate if appropriate and the program specialist after each 3-month review and annual rewrite of the IPP.
Source The provisions of this § 6400.123 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133689).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.124. Participation in the development of the IPP.
The individuals parent, guardian or advocate if appropriate and the county case manager if the individual is funded through the county mental retardation program shall be invited, in writing, to participate in the initial development and the annual rewrite of the IPP. A copy of the written invitations shall be kept.
Source The provisions of this § 6400.124 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133689) to (133690).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.125. Content of the IPP.
An IPP shall include:
(1) The goals for the individual in specific areas of growth and development.
(2) An evaluation of the individuals skill level for each goal.
(3) Monthly documentation of the individuals progress on each goal.
(4) A plan for the individual to participate in community life.
(5) Specific activities and services that meet the needs of the individual.
(6) A program and schedule for allowing the individual to be without direct staff supervision for specific periods of time, aimed at achieving a greater level of independence, if the individuals assessment states the individual may be without direct supervision.
(7) A planned program to address the social, emotional and environmental needs of the individual, if a medication is prescribed to treat maladaptive behavior.
Source The provisions of this § 6400.125 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133690).
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.126. Implementation of the IPP.
An IPP shall be implemented as written.
Source The provisions of this § 6400.126 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
Cross References This section cited in 55 Pa. Code § 6000.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.127. Copies of the IPP.
(a) A copy of IPPs and adjustments made during reviews shall be kept in the individuals record.
(b) The individual, the individuals parent, guardian or advocate, if appropriate, the county case manager if the individual is funded through the county mental retardation program and the individuals day service facility shall be provided a copy of all IPPs. Documentation of transmittal of each IPP shall be kept.
Source The provisions of this § 6400.127 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
Cross References This section cited in 55 Pa. Code § 6000.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.128. Program activities.
(a) Program activities shall include developmental activities and programming designed to advance or maintain the individuals ability to perform personal needs activities without assistance from others. Examples of personal needs activities are physical exercise and training in the areas of toileting, bathing, cooking, eating, self-help, socialization, communication, safety, nutrition, use of public transportation and utilization of community resources.
(b) Staff persons shall provide assistance and training to individuals in personal needs activities as required by each individual.
Source The provisions of this § 6400.128 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.129. Day services.
(a) Day services or activities, such as employment, education, training and other meaningful activities shall be provided to each individual.
(b) Day services and activities shall be provided at a location other than the building where the individual lives, unless there is written annual documentation by a licensed physician that it is medically necessary for the individual to remain at the home or written annual documentation by the interdisciplinary team that it is in the best interests of the individual to remain at the home.
(c) For homes opened prior to March 15, 1982, subsection (b) is not applicable until November 8, 1994.
Source The provisions of this § 6400.129 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.130. Recreational and social activities.
(a) Recreational and social activities shall be provided at and away from the home. Time away from the home may not be limited to time in school, work, vocational services and developmental training.
(b) Documentation of recreational and social activities shall be kept.
Source The provisions of this § 6400.130 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.131. [Reserved].
Source The provisions of this § 6400.131 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133690).
§ 6400.132. [Reserved].
Source The provisions of this § 6400.132 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133690).
§ 6400.133. [Reserved].
Source The provisions of this § 6400.133 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133690) to (133691).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors).
§ 6400.134. [Reserved].
Source The provisions of this § 6400.134 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133691).
§ 6400.135. [Reserved].
Source The provisions of this § 6400.135 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133691).
§ 6400.136. [Reserved].
Source The provisions of this § 6400.136 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133692).
Cross References This section cited in 55 Pa. Code § 6000.304 (relating to provisional license factors).
§ 6400.137. [Reserved].
Source The provisions of this § 6400.137 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; reserved August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133692).
INDIVIDUAL HEALTH
§ 6400.141. Individual physical examination.
(a) An individual shall have a physical examination within 12 months prior to admission and annually thereafter.
(b) The physical examination shall be completed, signed and dated by a licensed physician, certified nurse practitioner or licensed physicians assistant.
(c) The physical examination shall include:
(1) A review of previous medical history.
(2) A general physical examination.
(3) Immunizations for individuals 18 years of age or older as recommended by the United States Public Health Service, Centers for Disease Control, Atlanta, Georgia 30333.
(4) Vision and hearing screening for individuals 18 years of age or older, as recommended by the physician.
(5) Immunizations and screening tests for individuals 17 years of age or younger, as recommended by the Standards of Child Health Care of the American Academy of Pediatrics, Post Office Box 1034, Evanston, Illinois 60204.
(6) Tuberculin skin testing by Mantoux method with negative results every 2 years for individuals 1 year of age or older; or, if tuberculin skin test is positive, an initial chest x-ray with results noted.
(7) A gynecological examination including a breast examination and a Pap test for women 18 years of age or older, unless there is documentation from a licensed physician recommending no or less frequent gynecological examinations.
(8) A mammogram for women at least every 2 years for women 40 through 49 years of age and at least every year for women 50 years of age or older.
(9) A prostate examination for men 40 years of age or older.
(10) Specific precautions that must be taken if the individual has a communicable disease, to prevent spread of the disease to other individuals.
(11) An assessment of the individuals health maintenance needs, medication regimen and the need for blood work at recommended intervals.
(12) Physical limitations of the individual.
(13) Allergies or contraindicated medications.
(14) Medical information pertinent to diagnosis and treatment in case of an emergency.
(15) Special instructions for the individuals diet.
(d) Immunizations, vision and hearing screening and tuberculin skin testing may be completed, signed and dated by a registered nurse or licensed practical nurse instead of a licensed physician, certified nurse practitioner or licensed physicians assistant.
Source The provisions of this § 6400.141 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
Cross References This section cited in 55 Pa. Code § 6400.251 (relating to exceptions); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.142. Dental care.
(a) An individual 17 years of age or younger shall have a dental examination performed by a licensed dentist semiannually. An individual 18 years of age or older shall have a dental examination performed by a licensed dentist annually.
(b) An individual who is using medication known to cause dental problems shall have a dental examination by a licensed dentist at intervals recommended in writing by the dentist.
(c) A written record of the dental examination, including the date of the examination, the dentists name, procedures completed and follow-up treatment recommended, shall be kept.
(d) The dental examination shall include teeth cleaning or checking gums and dentures.
(e) Follow-up dental work indicated by the examination, such as treatment of cavities, shall be completed.
(f) An individual shall have a written plan for dental hygiene, unless the interdisciplinary team has documented in writing that the individual has achieved dental hygiene independence.
(g) A dental hygiene plan shall be rewritten at least annually.
(h) The dental hygiene plan shall be kept in the individuals record.
Source The provisions of this § 6400.142 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
Cross References This section cited in 55 Pa. Code § 6400.261 (relating to exceptions for respite care); and 55 Pa. Code § 6400.262 (relating to exceptions for emergency respite care).
§ 6400.143. Refusal of treatment.
(a) If an individual refuses routine medical or dental examination or treatment, the refusal and continued attempts to train the individual about the need for health care shall be documented in the individuals record.
(b) If an individual has a serious medical or dental condition, reasonable efforts shall be made to obtain consent from the individual or substitute consent in accordance with applicable law. See section 417 of the Mental Health and Mental Retardation Act of 1966 (50 P. S. § 4417(c)).
Source The provisions of this § 6400.143 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.144. Health services.
Health services, such as medical, nursing, pharmaceutical, dental, dietary and psychological services that are planned or prescribed for the individual shall be arranged for or provided.
Source The provisions of this § 6400.144 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
§ 6400.145. Emergency medical plan.
The home shall have a written emergency medical plan listing the following:
(1) The hospital or source of health care that will be used in an emergency.
(2) The method of transportation to be used.
(3) An emergency staffing plan.
Source The provisions of this § 6400.145 adopted August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595.
STAFF HEALTH
§ 6400.151. Staff physical examination.
(a) A staff person who comes into direct contact with the individuals or who prepares or serves food, for more than 5 days in a 6-month period, including temporary, substitute and volunteer staff, shall have a physical examination within 12 months prior to employment and every 2 years thereafter.
(b) The physical examination shall be completed, signed and dated by a licensed physician, certified nurse practitioner or licensed physicians assistant.
(c) The physical examination shall include:
(1) A general physical examination.
(2) Tuberculin skin testing by Mantoux method with negative results every 2 years; or, if tuberculin skin test is positive, an initial chest x-ray with results noted. Tuberculin skin testing may be completed and certified in writing by a registered nurse or a licensed practical nurse instead of a licensed physician, licensed physicians assistant or certified nurse practitioner.
(3) A signed statement that the staff person is free of communicable diseases or that the staff person has a communicable disease but is able to work in the home if specific precautions are taken that will prevent the spread of the disease to individuals.
(4) Information of medical problems which might interfere with the health of the individuals.
Source The provisions of this § 6400.151 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial pages (133692) to (133693).
§ 6400.152. Communicable diseases.
(a) If a staff person or volunteer has a serious communicable disease as defined in 28 Pa. Code §&nbs