Montana Code 50-8-105. Inspections by employees of other department
50-8-105. Inspections by employees of other department. (1) Each department may, by joint rule with a state agency or by interlocal agreement with other governmental entities, authorize departmental employees to perform specific health and safety inspections for certain classes of facilities under the jurisdiction of another department or agency. Such inspections may be limited by type of facility, scope of inspection, and type of inspection, such as original application, renewal application, routine or unannounced inspection, or other identifiable inspection situations.
Terms Used In Montana Code 50-8-105
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-8-101
- Facility: means :
(a)nonmedical facilities including:
(i)mental health transitional living facilities; and
(ii)inpatient freestanding or intermediate transitional living facilities for alcohol or drug treatment or emergency detoxification;
(b)community homes for persons with developmental disabilities, community homes for physically disabled persons, and adult foster family care homes;
(c)youth care facilities;
(d)public accommodations, including roominghouses, retirement homes, hotels, and motels;
(e)health care facilities or services, including hospitals, skilled and intermediate nursing home services, and intermediate care nursing home services for the intellectually disabled;
(f)freestanding medical facilities or care, including infirmaries, kidney treatment centers, and home health agencies; and
(g)assisted living facilities. See Montana Code 50-8-101
- Inspecting authority: means the department or agency authorized by statute to perform a given inspection necessary for certification for licensure. See Montana Code 50-8-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The inspecting authority, prior to authorizing employees of another department or agency to make an inspection, may require minimal standards of knowledge or training relevant to the type of inspection to be conducted. The inspecting authority may require periodic reexamination of such employees for necessary knowledge and ability.
(3)The inspecting authority delegates authority to the employees of another department or agency and is responsible for the quality of the inspections. The inspecting authority shall perform an inspection delegated to such an employee if the other department or agency or the head of the facility believes that the inspection situation is unique or that the employee is in error. The result of an inspection by the inspecting authority takes precedence over an inspection by an employee of another department or agency.