This subchapter establishes licensing and operating standards for private outdoor programs in Montana that serve adolescent program participants through wilderness expeditions and residential outdoor settings. Operators must comply with requirements covering physical examinations, staff qualifications (including wilderness first responder certification), staff-to-participant ratios for both residential and expedition settings, communications systems, nutrition and water standards, clothing and equipment provisions, high adventure activity policies, and solo experience protocols. These rules apply in addition to the broader private alternative adolescent residential program requirements in ARM Title 37, chapter 99, subchapter 1.
View official source37.99.201 PRIVATE OUTDOOR PROGRAMS: DEFINITIONS (1) "Administrative office" means the office where business operations, public relations, and management procedures take place. (2) "Expedition" means an excursion undertaken for specific treatment purposes that takes the program participant away from the field office. (3) "Expedition camp" means a nonpermanent campsite. Program participants and staff may move from one expedition camp to another when on expedition. (4) "Field office" means the office where all coordination of expedition operations takes place. (5) "Global position system (GPS) receiver" means a receiver which receives signals from a network of satellites known as the global positioning system, or GPS, which identifies the receiver's location by: (a) latitude; (b) longitude; and (c) altitude to within a few hundred feet. (6) "High adventure activity" means an outdoor activity provided to program participants for the purposes of behavior management or treatment and that requires specially trained staff and special safety precautions to reduce the possibility of an accident or injury. (7) "Leave no trace principles" means wilderness and land use ethics designed to minimize the impact of visitors on back country areas. (8) "Residential outdoor program" means a program at designated stationary sites including permanent buildings where the program participants reside. (9) "Solo experience" means separation of a program participant from the group as part of the outdoor therapeutic process, not including a time-out. (10) "Water cache" means storing away water in hiding or for future use. (11) "Wilderness first responder" means a licensed first responder with the medical training course for outdoor professionals as offered by the National Association for Search and Rescue. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-802 , 52-2-803 , 52-2-805 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.202 PRIVATE OUTDOOR PROGRAMS: APPLICATION OF OTHER RULES (1) In addition to requirements established in this subchapter a private outdoor program must meet the requirements for all private alternative adolescent residential programs established in ARM Title 37, chapter 99, subchapter 1. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.206 PRIVATE OUTDOOR PROGRAMS: PHYSICAL EXAMINATION (1) All physical examinations must be completed by an appropriate licensed health care professional. (2) A program participant must have a physical examination: (a) within 30 days prior to admission into the program; (b) at least annually after entering the program; and (c) at any time when circumstances indicate that an updated examination would be appropriate. (3) The result of the physical examination including restrictions must be recorded on a standard form provided by the program and signed by the licensed health care professional performing the examination. The form must clearly identify the type and extent of physical activity which the program participant will be participating in. (a) The program must comply with all restrictions or limitations placed on the program participant by the examining practitioner. (4) The original physical examination form must be maintained at the field office and a copy must be carried by staff in a waterproof container when the program participant is away from the field office. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.208 PRIVATE OUTDOOR PROGRAMS: FIELD DIRECTOR REQUIREMENTS (1) Each program expedition must include a field director responsible for: (a) the quality of the field activities; (b) coordinating field operations; (c) supervising direct care staff; (d) managing the field office; and (e) ensuring compliance with applicable licensing rules. (2) The field director must have the following: (a) a bachelor's degree in a relevant discipline or 12 months of outdoor program field experience; and (b) a current wilderness first responder certification. (3) The administrator of the program may serve as the field director if qualified for both positions. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.209 PRIVATE OUTDOOR PROGRAMS: ADDITIONAL STAFF TRAINING (1) In addition to training requirements in ARM 37.99.153 , staff orientation training must include: (a) supervision of program participants; (b) procurement, preparation, and conservation of water, food, and shelter; (c) instruction in safety procedures and safety equipment, use of fuel, fire, and life protection; (d) instruction in emergency procedures, medical, weather signalization fire, runaway and lost program participant; (e) sanitation procedures relating to food, water, and waste; (f) knowledge of wilderness medicine, including health issues related to acclimation and exposure to the environmental elements; (g) local environmental precautions including terrain, weather upsets, poisonous plants, wildlife, and proper response to adversarial situations; (h) high adventure activities; and (i) avoiding potential hazards of expedition areas. (2) All program staff must complete first aid training within six months of hire and prior to working without a staff member trained in wilderness first aid. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.210 PRIVATE OUTDOOR PROGRAMS: RESIDENTIAL OUTDOOR PROGRAM PARTICIPANT-TO-STAFF RATIO (1) A residential outdoor program must maintain the following program participant to awake staff ratios: (a) from 7:00 a.m. to 11:00 p.m., eight program participants to one staff; (b) from 11:00 p.m. to 7:00 p.m., or any other reasonable eight-hour period of time when program participants are generally sleeping, 16 program participants to one staff; and (c) programs must have at least one awake night staff in each building housing program participants regardless of the number of participants. (2) When participating in high adventure activities the program must meet expedition staffing requirements in ARM 37.99.211 . Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.211 PRIVATE OUTDOOR PROGRAMS: EXPEDITION AND HIGH ADVENTURE ACTIVITY PROGRAM PARTICIPANT-TO-STAFF RATIO (1) Each expedition group of program participants must have the following: (a) two staff members for the first four program participants and one additional staff member for each four program participants; (b) each group must have at least one staff member of the same gender as the genders represented in the program participant group; and (c) each group must include one field director. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-810 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.212 PRIVATE OUTDOOR PROGRAMS: OUTDOOR BEHAVIORAL PROGRAM: HIGH ADVENTURE GENERAL REQUIREMENTS (1) High adventure activities may include the following: (a) target sports; (b) aquatics; (c) adventure challenge courses; (d) climbing and rappelling; (e) spelunking; (f) white water activities; (g) use of horses or other animals for riding or packing; (h) skiing; or (i) other activities defined in program policy as a high adventure activity. (2) For the high adventure activities, the program must have written policies and procedures that include: (a) minimum training, experience, and qualifications for leaders and staff which must be documented in personnel records; (b) classification and limitations for each program participant participation; (c) arrangement, maintenance, and inspection of the activity area; (d) appropriate equipment and the inspection and maintenance of the equipment; and (e) safety precautions to reduce the possibility of an accident or injury. (3) Program participants must not be forced to participate in any high adventure activity. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.213 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: FIELD OFFICE REQUIREMENTS (1) A program must have a field office in Montana. A field office may be a vehicle, a camp, a building, the residential program, or the administrative office. (2) The field office must be staffed and monitored 24 hours a day when there are program participants on expeditions or have staff continually monitoring communications and available by satellite phone within 15 minutes of the field office. (3) Field office staff must respond immediately to any emergency situation. (4) The following items must be maintained at the field office: (a) a current list of the names of staff and program participants in each group; (b) a master map of all activity areas used by a program; (c) each group's expeditionary route with its schedule and itinerary, copies of which must be sent to the department and local law enforcement when requested; (d) current logs of all communications with each expedition group away from the field office; (e) program participant's emergency information required in ARM 37.99.138 ; (f) physical examination completed as part of program admission process and any subsequent physical exams; (g) medical treatment authorization; (h) list of current medications taken by the program participant; (i) identifying marks of the program participants such as scars, tattoos, and piercings; (j) health insurance information; (k) list of contact persons in case of emergencies; and (l) a copy of the program participant's case plan. (5) The program must comply with federal, state, and local laws and regulations and must maintain proof of compliance at the field office. (6) An arrangement must be made with national or state forest service offices if such land is to be used by the field office. (a) If the field office or the expedition camp is located on or uses national or state lands, the administrator must familiarize the staff and program participants with rules and ethics governing the use of such property. (7) If private property will be used, arrangements must be made with the property owners. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.214 PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM EXPEDITION STAFF (1) During any expedition: (a) expedition staff must carry a copy of the itinerary placed on file at the field office; (b) expedition staff must remain in contact with the field office via satellite phone, with contacts occurring at a minimum of once each morning and once each evening; (c) expedition staff must possess a global positioning satellite receiver; (d) supplies for providing emergency care must be at each expedition camp; (e) expedition staff must maintain the daily expedition log. Entries in the log must be made in permanent ink and signed and dated by the staff member making the entry. The daily expedition log must be filed at the field office upon return from the expedition and maintained as part of the program's permanent record; (f) expedition staff and program participants must implement and follow program policies and procedures regarding back country etiquette and leave no trace principles; (g) expedition staff must closely monitor program participants while acclimating to the environment including temperature, climate, and altitude; and (h) when temperatures exceed 95°F or fall below 10°F, expedition staff must take appropriate preventative measures to ensure program participants remain free of heat or cold related illness or injuries. (2) Expedition staff must maintain a daily log that includes: (a) daily entries regarding health programs, accidents, injuries, near misses, medications used, behavioral problems, and unusual occurrences; (b) daily notations of environmental factors such as weather, temperature, altitude, and terrain; (c) daily entries assessing each program participant's hydration, skin condition extremities, and general physical condition; (d) daily entries describing morning and evening contacts between expedition staff and field office staff; (e) weekly entries assessing each program participant's physical condition by the field director or other trained as a wilderness first responder; (f) emergency plan drills, showing date, time, staff, and program participants present; and (g) descriptions of pre-site investigations for solo expeditions if applicable. (3) Entries in the log must be made in permanent ink and signed and dated by the staff member making the entry. (4) The daily expedition log must be filed at the field office upon return from the expedition and maintained as part of the program's permanent record. (5) Upon return from any expedition the field director must debrief each program participant and staff member and document the debriefing in writing. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.215 PRIVATE OUTDOOR PROGRAMS: COMMUNICATIONS (1) The program must have written policies and procedures establishing a system of communication that meets the following criteria: (a) each group away from the field office must have a satellite phone and extra charged battery packs for the satellite phone; (b) a global positioning system; and (c) the program must develop a signal mirror communication system. (2) Verbal communication between each group and the field office must occur once each morning and once each evening. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.216 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: NUTRITIONAL REQUIREMENTS (1) A program must have and follow written policies and procedures on nutritional requirements. (2) Each program must have a written menu that is approved by a qualified dietitian or nutritionist with knowledge of the program activities and levels. (3) Foods must be served in amounts and a variety sufficient to meet the nutritional needs of each program participant. (4) Hands must be cleaned after each latrine use and prior to food preparation and food consumption. (5) Food may not be withheld from a program participant for any reason. (6) If no fire is available for cooking food, other food of equal caloric value which does not require cooking must be available. (7) Field staff are responsible monitoring each program participant's food intake to ensure that the program participants have adequate nutrition. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19; AMD, 2024 MAR p. 2155, Eff. 9/7/24. 37.99.217 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: WATER REQUIREMENTS (1) A program must have written policies and procedures on expedition water requirements to include: (a) program participants must have access to potable water at all times; (b) water must be available at each expedition camp site. Water cache location information must be verified by field staff before the group leaves expedition camp each day; (c) expedition groups may not depend on aerial drops for water supply. Aerial water drops must be used for emergency situations only; and (d) water taken by staff or program participants from a natural source and used for drinking or cooking must be treated to eliminate health hazards. (2) Each group must have a supply of electrolyte replacement, the quantities to be determined by group size and environmental conditions. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.218 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: PARTICIPANT CLOTHING, EQUIPMENT, AND SUPPLIES (1) Each expedition participant must have appropriate clothing, equipment, and supplies for the types of activities and for the weather conditions likely to be encountered. (2) Clothing, equipment, and supplies must include: (a) sunscreen, which must be worn during all seasons; (b) insect repellent, if appropriate, for the environmental conditions generally expected for the area and season; (c) a commercial backpack or the materials to construct a safe backpack or bedroll; (d) personal hygiene items necessary for cleansing; (e) appropriate feminine hygiene supplies; (f) wool blankets or an appropriate sleeping bag and a tarp or poncho for when the average nighttime temperature is expected to be 40°F or higher; (g) shelter from precipitation, appropriate sleeping bag and ground pad when the average nighttime temperature is expected to be 39°F or lower; (h) clothing appropriate for the temperature changes generally expected for the area; (i) a clean change of clothing at least once a week or an opportunity for the participant to wash their clothing at least once a week; and (j) a handbook for staff and program participants describing expedition requirements and expectations. (3) A program may not remove, deny, or make unavailable, for any reason, the appropriate clothing, equipment, or supplies. (4) There must be a first aid kit with sufficient supplies on all expeditions and high adventure activities. A kit must: (a) be readily available on site as well as in all vehicles; (b) meet the standards of an appropriate national organization for the activity being conducted and the location and environment being used; (c) be reviewed by the field director with new staff for contents and use; and (d) be inventoried by the field director after each expedition and restocked as needed. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19. 37.99.219 PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM SOLO EXPERIENCE (1) If an outdoor program uses a solo experience as part of the therapeutic or educational process during expeditions, the program must have written policy and procedures for the utilization of the solo experience. Policy and procedures must include: (a) purpose of solo experience; (b) a solo experience must never be used as a punishment or negative consequence; (c) supervision of program participant; (d) assessment of program participant readiness for the experience; assessment must be documented in the daily expedition log book; (e) documented instructions on the solo experience, including expectations, restrictions, communication, environment, and emergency procedures; (f) notification and check-in systems including a procedure for checking the program participant's emotional and physical condition daily; (g) risk management procedures; and (h) a staff member be designated to coordinate and implement the plan. (2) Staff must be familiar with the site chosen to conduct solo experiences and must conduct a pre-site investigation and preparation. These activities must be documented in the daily expedition log including: (a) a description of the terrain selected and the appropriateness for the level of participation skill of the program participants; (b) a review of hazardous conditions; and (c) a description of arrangements made prior to the solo experience for medication, food and water drop-offs, if needed. (3) Program participants must be supervised during a solo experience. Written plans for supervision must be drafted prior to the solo experience, and a copy of these written plans must be placed in the daily expedition log. A plan of supervision must include at a minimum: (a) the assignment of a specific staff member responsible for the supervision of the solo participant; (b) predetermined procedures for placing program participants at a distance from the assigned staff to allow for appropriate supervision and emergency communication; (c) a method of clearing defining physical boundaries; (d) instruction of program participants to not participate in potentially dangerous activities; (e) notification and check-in systems including a procedure for checking the program participant's emotional and physical condition daily; and (f) emergency planning, including: (i) instructing the program participants on safety and emergency procedures, including evacuation routes; (ii) providing each program participant with signaling capabilities, including a whistle, for emergency notification; (iii) instructing of other program participants on how to respond if the emergency notification system is put into use; and (iv) providing a check-in system should an emergency occur. (4) The program participants must be debriefed immediately after a solo expedition. The debriefing must at a minimum: (a) include a written summary of the program participant's participation and progress achieved; and (b) be provided in written form to the placing agency and, upon request, to the program participant's parent/legal guardian. Authorizing statute(s): 52-2-803 , 52-2-805 , MCA Implementing statute(s): 52-2-803 , 52-2-805 , 52-2-809 , MCA History: NEW, 2019 MAR p. 2029, Eff. 11/9/19.