No Job Name

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Subpart C. ADMINISTRATION AND FISCAL MANAGEMENT [Reserved]

Subpart D. NONRESIDENTIAL AGENCIES/FACILITIES/SERVICES

Chap. 2380. 2390. 2430. 2440. 2450.

Sec. ADULT TRAINING FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2380.1 VOCATIONAL FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2390.1 BUSINESS ENTERPRISES PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . 2430.1 SOCIAL CASEWORK SERVICES PROGRAM . . . . . . . . . . . . . [Reserved] REHABILITATION TEACHING PROGRAM . . . . . . . . . . . . . . . . . . . 2450.1

CHAPTER 2380. ADULT TRAINING FACILITIES

Sec. 2380.1. 2380.2. 2380.3. 2380.4.

Purpose. Applicability. Definitions. [Reserved].

GENERAL PROVISIONS

GENERAL REQUIREMENTS

2380.11. 2380.12. 2380.13. 2380.14. 2380.15. 2380.16. 2380.17. 2380.18. 2380.19. 2380.20. 2380.21. 2380.22. 2380.23. 2380.24. 2380.25. 2380.26.

Licensure or approval of facilities. Appeals. Maximum capacity. Firesafety occupancy permit. Wage and hour certificate. Abuse. Incident report and investigation. Incident procedures to protect the individual. Incident analysis. Criminal history record check. Individual rights. Grievance procedures. [Reserved]. [Reserved]. [Reserved]. Applicable statutes and regulations.

STAFFING

2380.31. 2380.32. 2380.33. 2380.34. 2380.35. 2380.36. 2380.37.

Effective date of staff qualifications. Chief executive officer. Program specialist. Direct service worker. Staffing. Emergency training. Training records.

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2380.38. 2380.39. 2380.41. 2380.42. 2380.43. 2380.44.

Orientation. Annual training. [Reserved]. [Reserved]. [Reserved]. [Reserved].

Pt. IV

PHYSICAL SITE

2380.51. 2380.52. 2380.53. 2380.54. 2380.55. 2380.56. 2380.57. 2380.58. 2380.59. 2380.60. 2380.61. 2380.62. 2380.63. 2380.64. 2380.65. 2380.66. 2380.67. 2380.68. 2380.69. 2380.70. 2380.71. 2380.72.

Special accommodations. Indoor floor space. Poisons. Heat sources. Sanitation. Ventilation. Lighting. Surfaces. Running water. Indoor temperature. Telephone. Emergency telephone numbers. Screens, windows and doors. Handrails and railings. Nonskid surfaces. Landings. Furniture and equipment. Storage of personal belongings. Bathrooms. First aid. Elevators. Exterior conditions.

FIRESAFETY

2380.81. 2380.82. 2380.83. 2380.84. 2380.85. 2380.86. 2380.87. 2380.88. 2380.89. 2380.90. 2380.91. 2380.92. 2380.93.

Exits. Unobstructed egress. Evacuation procedures. Firesafety inspection. Flammable and combustible materials. Portable space heaters. Fire alarms. Fire extinguishers. Fire drills. Exit signs. Firesafety training for individuals. Smoking safety procedures. [Reserved].

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2380.101.

[Reserved].

2380.102.

[Reserved].

2380.103.

[Reserved].

2380.104--2380.105 [Reserved].

2380.106.

[Reserved].

2380.107--2380.108. [Reserved].

PROGRAM

HEALTH

2380.111. 2380.112. 2380.113. 2380.114. 2380.115.

Individual physical examination. Refusal of examination. Staff physical examination. Communicable diseases. Emergency medical plan.

MEDICATIONS

2380.121. 2380.122. 2380.122a. 2380.123. 2380.124. 2380.124a. 2380.125. 2380.126. 2380.126a. 2380.127. 2380.128. 2380.129.

Self-administration. Medication administration. Labeling of medications--statement of policy. Storage and disposal of medications. [Reserved]. Medication log--statement of policy. Prescription medications. Medication record. Adverse reaction--statement of policy. Medication errors. Adverse reaction. Medication administration training.

NUTRITION

2380.131. Dining area. 2380.132. Food provided or arranged for by the facility.

RESTRICTIVE PROCEDURES

2380.151.

Definition of restrictive procedures.

2380.152.

Written policy.

2380.153.

Appropriate use of restrictive procedures.

2380.154.

Human rights team.

2380.155.

Behavior support component of the individual plan.

2380.156.

Staff training.

2380.157--2380.165. [Reserved].

2380.166.

Prohibited procedures.

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2380.167. Physical restraint. 2380.168. Emergency use of a physical restraint. 2380.169 Access to or the use of an individual's personal property.

RECORDS

2380.171. 2380.172. 2380.173. 2380.174. 2380.175. 2380.176. 2380.177.

Emergency information. Individual records. Content of records. Record location. Record retention. Access. Release of information.

PROGRAM

2380.181. 2380.182. 2380.183. 2380.184. 2380.185. 2380.186. 2380.187. 2380.188.

Assessment. Development, annual update and revision of the individual plan. Individual plan team. Individual plan process. Content of the individual plan. Implementation of the individual plan. [Reserved]. Facility services.

Authority

The provisions of this Chapter 2380 amended under Articles IX and X of the Human Services Code (62 P.S. ?? 901--922 and 1001--1080), unless otherwise noted.

Source

The provisions of this Chapter 2380 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820, unless otherwise noted.

Cross References

This chapter cited in 6 Pa. Code ? 11.146 (relating to administration of medications); 55 Pa. Code ? 52.15 (relating to provider records); 55 Pa. Code ? 52.17 (relating to critical incident and risk management); 55 Pa. Code ? 52.19 (relating to criminal history checks); 55 Pa. Code ? 52.20 (relating to provisional hiring); 55 Pa. Code ? 4305.11 (relating to exempt services); 55 Pa. Code ? 6000.903 (relating to licensing applicability); 55 Pa. Code ? 6100.81 (relating to HCBS provider requirements); 55 Pa. Code ? 6100.444 (relating to size of service location); and 55 Pa. Code ? 6100.445 (relating to locality of service location).

GENERAL PROVISIONS

? 2380.1. Purpose.

The purpose of this chapter is to protect the health, safety and well-being of individuals with disabilities, through the formulation, implementation and enforcement of minimum requirements for the operation of adult training facilities.

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Source

The provisions of this ? 2380.1 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 343. Immediately preceding text appears at serial page (168737).

? 2380.2. Applicability.

(a) This chapter applies to adult training facilities, except as provided in subsection (f).

(b) This chapter contains the minimum requirements that shall be met to obtain a certificate of compliance. Each adult training facility will be inspected by the Department each year and shall obtain a certificate of compliance to operate or continue to operate.

(c) This chapter applies to profit, nonprofit, publicly-funded and privatelyfunded facilities.

(d) This chapter applies to adult training facilities operated on the grounds of or in a community residential rehabilitation mental health facility or a community home for individuals with an intellectual disability if permitted in accordance with Chapter 6400 (relating to community homes for individuals with an intellectual disability).

(e) This chapter applies to adult training facilities operated on the grounds of or in a non-State operated intermediate care facility for individuals with an intellectual disability, unless it is medically necessary or in the individual's best interest to remain at home.

(f) This chapter does not apply to the following: (1) Older adult daily living centers as defined in the Older Adult Daily

Living Centers Licensing Act (62 P.S. ?? 1511.1--1511.22), serving four or more adults who are 60 years of age or older or adults who are 59 years of age or younger but have a dementia-related disease, such as Alzheimer's disease, as a primary diagnosis, but serving no more than three adults with disabilities who are 59 years of age or younger and who do not have a dementia-related disease as a primary diagnosis.

(2) Vocational facilities as defined in Chapter 2390 (relating to vocational facilities).

(3) Partial hospitalization facilities as defined in Chapter 5210 (relating to partial hospitalization).

(4) Summer recreation programs, camping programs and socialization clubs.

(5) Adult day care facilities located in nursing homes that serve only individuals who live in the nursing home.

(6) Adult training facilities operated by the Department or the Department of Education.

(7) Community homes for individuals with an intellectual disability licensed in accordance with Chapter 6400 and intermediate care facilities for

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individuals with an intellectual disability licensed in accordance with Chapter 6600 (relating to intermediate care facilities for individuals with an intellectual disability) that provide day services in the same building in which the individuals live to individuals who remain at home because they are medically unable to attend a community day program or because it is in the individual's best interest to remain at the home.

(8) Activities occurring at a location other than the facility and the facility grounds, during the time an individual is away from the facility.

Authority

The provisions of this ? 2380.2 amended under Articles IX and X of the Human Services Code (62 P.S. ?? 901--922 and 1001--1088).

Source

The provisions of this ? 2380.2 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 343; amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial pages (375625) to (375626).

? 2380.3. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Adult--A person 18 years of age or older. Adult training facility or facility--A building or portion of a building in which services are provided to four or more individuals, who are 59 years of age or younger and who do not have a dementia-related disease as a primary diagnosis, for part of a 24-hour day, excluding care provided by relatives. Services include the provision of functional activities, assistance in meeting personal needs and assistance in performing basic daily activities. Department--The Department of Human Services of the Commonwealth. Direct service worker--A person whose primary job function is to provide services to an individual who attends the facility. Fire safety expert--A local fire department, fire protection engineer, State certified fire protection instructor, college instructor in fire science, county or State fire school, volunteer fire person trained by a county or State fire school or an insurance company loss control representative. Health care practitioner--A person who is authorized to prescribe medications under a license, registration or certification by the Department of State. Individual--An adult with disabilities who receives care in an adult training facility and who has developmental needs that require assistance to meet personal needs and to perform basic daily activities. Examples of adults with disabilities include adults who exhibit one or more of the following:

(i) A physical disability such as blindness, visual impairment, deafness, hearing impairment, speech or language impairment, or a physical handicap.

(ii) A mental illness.

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(iii) A neurological disability such as cerebral palsy, autism or epilepsy. (iv) An intellectual disability. (v) A traumatic brain injury. Individual plan--A coordinated and integrated description of activities and services for an individual. Restraint--A physical, chemical or mechanical intervention used to control acute, episodic behavior that restricts the movement or function of the individual or a portion of the individual's body, including an intervention approved as part of the individual plan or used on an emergency basis. Services--Actions or assistance provided to the individual to support the achievement of an outcome. Volunteer--A person who is an organized and scheduled component of the service system and who does not receive compensation, but who provides a service through the facility that recruits, plans and organizes duties and assignments.

Authority The provisions of this ? 2380.3 amended under 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code (62 P.S. ?? 201(2), 403(b), 403.1(a) and (b), 901--922 and 1001-- 1088); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. ? 4201(2)).

Source The provisions of this ? 2380.3 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; reserved January 15, 1993, effective January 16, 1993, 23 Pa.B. 343; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935; amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177; amended October 4, 2019, effective in 120 days; 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381380) to (381382).

Cross References This section cited in 55 Pa. Code ? 2380.33 (relating to program specialist).

? 2380.4. [Reserved].

Source The provisions of this ? 2380.4 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; reserved January 15, 1993, effective January 16, 1993, 23 Pa.B. 343. Immediately preceding text appears at serial pages (131159) to (131160).

GENERAL REQUIREMENTS

? 2380.11. Licensure or approval of facilities.

The requirements in Chapter 20 (relating to licensure or approval of facilities and agencies) shall be met.

Source The provisions of this ? 2380.11 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; reserved January 15, 1993, effective January 16, 1993, 23 Pa.B. 343. Immediately preceding text appears at serial page (131160).

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? 2380.12. Appeals.

(a) Appeals related to the Department's approval or licensure shall be made in accordance with 2 Pa.C.S. ?? 501--508 and 701--704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

(b) Appeals related to the Department's approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.

(c) Subsection (b) supersedes the appeal period of 1 Pa. Code ? 35.20 (relating to appeals from actions of the staff).

Source

The provisions of this ? 2380.12 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; reserved January 15, 1993, effective January 16, 1993, 23 Pa.B. 343; amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial page (259667).

? 2380.13. Maximum capacity.

The maximum capacity specified on the certificate of compliance may not be exceeded.

Source

The provisions of this ? 2380.13 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; reserved January 15, 1993, effective January 16, 1993, 23 Pa.B. 343. Immediately preceding text appears at serial page (131160).

? 2380.14. Firesafety occupancy permit.

(a) A facility shall have a valid firesafety occupancy permit listing the appropriate type of occupancy from the Department of Labor and Industry, the Department of Public Safety of the city of Pittsburgh, the Department of Licensing and Inspection of the city of Philadelphia or the Department of Community Development of the city of Scranton.

(b) If the firesafety occupancy permit is withdrawn, restricted or revised, the facility shall notify the Department orally within 1 working day and in writing within 2 working days.

(c) If a building is structurally renovated or altered after the initial firesafety occupancy permit is issued, the facility shall have a new occupancy permit or written approval from the Department of Labor and Industry, the Department of Public Safety of the city of Pittsburgh, the Department of Licensing and Inspection of the city of Philadelphia or the Department of Community Development of the city of Scranton.

Source

The provisions of this ? 2380.14 adopted December 29, 1978, effective December 30, 1978, 8 Pa.B. 3820; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 343. Immediately preceding text appears at serial page (131160).

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