25-5-117. Admission for residential services; application
and contents thereof; written copy of rights; appeal of denied admissions.
(a) A person determined by the preadmission screening and assessment to be eligible for admission to the center for residential services may be admitted as a client under one (1) of the following procedures:
(i) An adult who has sufficient insight or capacity to make responsible application for admission for residential services may be admitted on his own application;
(ii) A minor or ward may be admitted upon application of his parent or guardian.
(b) Repealed By Laws 2008, Ch. 85, § 2.
(c) At the time of admission for residential services, the program manager shall give a written copy of the rights provided in W.S. 25-5-132 to the client, his parent or guardian.
(d) A person who is denied admission may appeal the decision to the department, in writing.
25-5-118. Release of voluntary client upon request; exceptions.
(a) A voluntary client may be discharged by the administrator at any time within twenty (20) days of receipt of a written request for the release by the client, his parent or guardian, and the administrator shall arrange for appropriate transition services, except:
(i) If the client was admitted on his own application and the request for discharge is made by a person other than the client, release shall be conditioned upon the client's consent;
(ii) If the client is a minor or ward, his discharge shall be conditioned upon the consent of his parent or guardian;
(iii) If the administrator has probable cause to believe release of the client will endanger the life, health or safety of the client or others and he incorporates a written statement of the facts supporting his belief in the client's file, he may apply for involuntary admission pursuant to W.S. 25-5-119. The administrator, as a mandatory reporter, shall contact adult protective services for appropriate proceedings.
25-5-119. Involuntary admissions; application to district
court; representation of proposed client; preadmission screening; notice; hearing; independent screening; admissibility.
(a) A person may be an involuntary client of the center if admitted pursuant to this section. Application for involuntary admission may be made by a parent, a guardian, the administrator or a social service agency. The application shall be filed with the district court in the county where the proposed client, his parent or his guardian resides.
(b) When an application for involuntary admission is filed, the court shall appoint an attorney to represent the proposed client unless he retains counsel of his own choice. An attorney shall represent the proposed client at all hearings. The county shall compensate an appointed attorney in an amount fixed by the court as a reasonable fee.
(c) The court shall order the center to conduct a preadmission screening and assessment of the proposed client. Notice of the order shall be served on the proposed client, his attorney and his parent or guardian. The order and the application for admission shall be served on the center and the department. If the preadmission screening and assessment report finds the center would be an appropriate placement, the court shall order a hearing. The proposed client shall have a right to seek an independent screening and assessment of his eligibility for admission at the state's expense. The screening and assessment shall be admissible as evidence at the hearing as provided by W.S. 25-5-121(d).
25-5-120. Court order setting hearing on involuntary application; service of notice; waiver.
(a) The court shall fix a date for hearing on the application.
(b) The order setting the hearing shall contain:
(i) The date, time and place of the hearing;
(ii) The name and address of the applicant, the proposed client's parent or guardian, and the attorney retained by the proposed client or appointed by the court;
(iii) The grounds alleged for the commitment of the proposed client;
(iv) The consequences of a finding that a person shall be admitted to the center for client services.
(c) The court shall direct the clerk of the district court to give notice to each person named in the order:
(i) By delivering a copy of the notice to the person being notified personally, not less than fourteen (14) days before the time set for hearing unless time is shortened by the court for good cause shown; or
(ii) By mailing a copy of the notice to the address of each person given in the application by certified mail, return receipt requested, not less than fourteen (14) days before the time set for hearing, unless the time is shortened by the court for good cause shown.
(d) The court may order that notice be given to other persons. Notice may be waived in writing by any party except the proposed client's attorney.
25-5-121. Rights of proposed client and notified persons;
confidentiality of hearing; admissibility of screening reports; findings by court or jury; amendment of admission order.
(a) The proposed client has the right to appear, to be heard and to participate in every stage of the hearing unless the court finds that it would not be in the best interests of the proposed client. The court shall not exclude the proposed client from the hearing unless the application is accompanied by a written statement from a licensed physician and a court designated examiner, appointed at the time of the application, who is in no other manner involved in the proceedings, that attendance at the hearing would injure the proposed client's health and well-being and describing his medical condition.
(b) The proposed client is entitled, upon request, to a jury trial on the issue of his admission. The jury shall be selected pursuant to W.S. 1-11-101 through 1-11-129.
(c) The court shall exclude all persons not having an interest in the application. Unless the court orders an open hearing or the proposed client requests a jury trial, the hearing is confidential and shall be held in closed court.
(d) Any person to whom notice is required to be given by W.S. 25-5-120 may testify and may present and cross-examine witnesses. The court may receive the testimony of other persons in its discretion. The screening and assessment report required by W.S. 25-5-115, and any independent screening and assessment made under W.S. 25-5-119, may be admitted as evidence and shall not be excluded on the ground of hearsay alone.
(e) If the court or jury finds that specific care, treatment and service alternatives are available which are more appropriate than the center for the proposed client, the application shall be denied. If the court or jury finds by clear and convincing evidence that admission to the center would provide the most appropriate services for the proposed client, the court shall order the admission. In case of a nonjury hearing, the court shall enter findings of fact with the order of admission.
(f) The proposed client or if a minor or ward, his parents or guardian or the center may petition the court to amend its order of admission on the grounds that appropriate and necessary services to the proposed client are available in a less restrictive environment than the center. The court may amend its order after notice and hearing pursuant to this act.
25-5-122. Appeals to supreme court; rules governing.
Any person aggrieved by any order entered under this act may appeal to the Wyoming supreme court. The appeal shall conform with the rules of civil procedure.
25-5-124. Discharge of clients by administrator or by court; appeals to department.
(a) An interdisciplinary team may recommend to the administrator discharge of a client with an appropriate transition plan from the center when placement at home, with another service provider or another program is appropriate for the client's needs and abilities. The transition plan shall identify any recommended discharge conditions in the client's best interest, including type of residence facility, supervision and any continuing medical, therapeutic, rehabilitative or developmental services. Based on the recommendations of the team, and with the consent of the client, or his parent or guardian if he is a minor or ward, the administrator shall place the client in the alternative setting. The administrator shall discharge the client when the client has been appropriately placed in an alternative program. If the client was admitted under a court order, the administrator shall petition the court, pursuant to W.S. 25-5-121(f).
(b) If the client, or his parent or guardian if he is a minor or incompetent, disagrees with the decision of the administrator and the interdisciplinary team, the client, parent or guardian may appeal the decision to the director in writing. The department shall provide the client, parent or guardian with a decision in writing within thirty (30) days.
25-5-125. Transfer of clients for temporary care and
treatment; consent; costs to be paid by center; third-party obligations not limited. If the program manager determines it is appropriate for the welfare of a client, the client may be placed for temporary care and treatment in any public or private hospital, institution or residence in the state which provides services which will benefit the client. The transfer shall not be made without the consent of the client and his parents or guardian, or in the case of an involuntary client, without leave of the court, except in cases of medical emergency. During and after the transfer, the client remains a client of the center. The cost of the transfer and of the temporary treatment, care and training provided shall be borne by the center. This section does not limit the responsibility of third parties to pay for medical and other expenses incurred by contract or law.
25-5-126. Contracts with other states for interstate transfer of clients; payment of expenses therefor.
(a) The department may enter into contracts with other states to provide for:
(i) The admission to facilities, schools or hospitals in other states of persons admitted to or entitled to admission for residential services in the center, when it can be shown that admission to a facility in another state is in the best interests of the person and the state of Wyoming;
(ii) The admission to the center of residents of other states when it can be shown that admission to the center for residential services is in the best interests of the person and the state of Wyoming, and that the person's need for services has been determined in accordance with this act.
(b) The expense of transferring persons from the center to other states shall be paid by the center. The expense of transferring persons from other states to the center shall be paid by the state making the transfer to the center.
25-5-129. Admittance for temporary services; excepted provisions; limited duration.
The administrator may admit individuals for services temporarily pursuant to rules promulgated under W.S. 25-5-105(a) if the administrator determines a less restrictive environment is appropriate but unavailable. A client admitted for services temporarily is not subject to W.S. 25-5-114, 25-5-115 and 25-5-121(e). No individual shall be admitted temporarily for services for more than seventy-five (75) days.
25-5-130. Consent and notice required before major surgery; exceptions.
(a) Except as provided in subsection (b) of this section, no client shall undergo major surgery until the superintendent:
(i) Obtains the prior consent of the client, or if his consent cannot be given knowingly, he shall obtain the prior consent of the resident's parent or guardian; and
(ii) Notifies the parent or guardian of the nature, date and place of the surgery and the name of the surgeon. A copy of the notice shall be placed in the patient's records.
(b) Prior consent need not be obtained nor prior notice given when the parent or guardian cannot be located or when an emergency requires immediate surgery to prevent serious consequences or death. The parent or guardian shall be notified as soon as possible after emergency surgery.
25-5-131. Confidentiality of records; exceptions; penalties for violations.
(a) All records of clients, former clients and proposed clients of the center are confidential except as provided by subsection (b) of this section, when disclosure is required by state or federal law or when disclosure is necessary to prevent imminent risk of harm to the person who is the subject of the records or others.
(b) The administrator may provide access to the records of a client, former client or proposed client by:
(i) The person who is the subject of the records or his guardian, guardian ad litem or attorney;
(ii) The physician or surgeon for the person who is the subject of the records;
(iii) A person authorized by the person who is the subject of the records, or by his parent or guardian if he is a minor or ward, to evaluate the person's eligibility for admission to the center for residential services or to determine whether his residence is the most appropriate and therapeutic environment for the person;
(iv) A court, upon a showing that access to the records is necessary for the determination of an issue before it. Access under this paragraph is limited to an in camera inspection unless the court finds public disclosure is necessary;
(v) Qualified employees of the department and the center and professional persons while in the performance of their official duties;
(vi) A person as required by law, including the Health Insurance Portability and Accountability Act and the Medicaid program.
(c) Repealed By Laws 2008, Ch. 85, § 2.
25-5-132. No determination of incompetency; notification
of rights; deniable rights and conditions therefor; undeniable rights.
(a) The determination that a person is eligible for admission to the center is not a determination or adjudication that the person is incompetent.
(b) Upon admission to the center for residential services, a client shall be informed orally and in writing of his rights under this section. If the client is a minor, or ward, his parents, guardian or guardian ad litem shall be informed orally and in writing of his rights under this section.
(c) The following rights of a client may be denied or limited only as a part of his individual program plan for purposes of safety and health. The client or if the client is a minor or ward, his parents, guardian or guardian ad litem shall be informed in writing and orally of the grounds for the denial or limitation. The grounds for denial or limitation shall be entered in the individual program plan:
(i) The right to send and receive unopened mail;
(ii) The right to choose and wear his own clothing;
(iii) The right to keep and use his own personal possessions including his toilet articles;
(iv) The right to keep and spend his own money;
(v) The right to be free from physical restraints and chemical restraints that substitute for active treatment or behavior modification programs, except in emergency situations as necessary to protect the client or others;
(vi) The right to privacy in matters such as toileting and bathing;
(vii) The right to make and receive telephone calls;
(viii) The right to receive visitors daily;
(ix) The right to an appropriate personal space that provides privacy and personal safety;
(x) The right to be free from abuse;
(xi) The right to vote;
(xii) The right to choose where and with whom to live;
(xiii) The right to present grievances and complaints or to request changes in policies and services without restraint, interference, coercion, discrimination or reprisal;
(xiv) The right to participate or refuse to participate in religious worship;
(xv) The right to the least restrictive environment.
(d) A client may not be denied the following rights unless the denial is authorized by a court, the client or, if the client is a minor or ward, his parent or guardian:
(i) The right to be free from unnecessary or excessive medication;
(ii) The right to refuse to be subjected to experimental medical or psychological research without the express and informed consent of the client or his parent or guardian if he is a minor or ward. The client or his parent or guardian may consult with independent medical or psychological specialists and his attorney before consenting or refusing;
(iii) The right to refuse to be subjected to drastic treatment procedures without the express and informed consent of the client and his parent or guardian if he is a minor or ward.
(iv) Repealed By Laws 2008, Ch. 85, § 2.
(v) Repealed By Laws 2008, Ch. 85, § 2.
25-5-133. Restraint; conditions for use; strict administration of medication; prohibited uses.
(a) Isolation or seclusion procedures in which a person is placed alone in a locked room or in an area from which the person is physically prevented from leaving are prohibited. Restraint of a client shall be used only when less restrictive measures are ineffective for the welfare of the client or others and only when necessary to ensure the immediate physical safety of the client or others. Restraint shall be used in a manner which ensures that the dignity and safety of the person restrained are protected and shall be regularly monitored by trained staff. The reason for restrictive measures shall be reported in the client's records and shall be reviewed by the interdisciplinary team and program manager. In addition, the client's individual program plan shall address active treatment or less restrictive measures to manage or eliminate the behaviors for which restraint was used.
(b) Medication shall be administered to a client only pursuant to the order of a medical professional acting within the scope of his license. A record of the medication, the dosage administered, the date and the person administering the medication to each client shall be kept in each client's treatment record. Medication shall not be used as punishment, for the convenience of staff or in quantities that interfere with a client's treatment program.
25-5-134. Employment of clients within institution; wages; duties; discharge for cause.
Clients who are employed within the center shall be paid a reasonable wage based upon commensurate wages under special certificate as authorized by the federal Fair Labor Standards Act at 21 U.S.C. 214(c). The program manager shall prescribe for each position a written job description with wages, benefits and job duties clearly defined. The employment relationship pursuant to this section shall be at will.
Any person trained and qualified as a medication aide may administer medications in basic client care situations at the center. The center shall develop curricula, certification criteria and protocols concerning administration of medications and use of medication aides. Every medication aide shall perform the duties authorized under this section under the direction of a person licensed by the laws of this state to administer medications. The direction of medication aides shall not constitute an unlawful delegation of professional duties by the licensed nurse or other professional licensed to administer medications.
25-6-101. Authority of state to receive property; maintenance; sale and investment of proceeds.
(a) The state may receive gifts, devises, bequests, deeds and other conveyances of property of any kind for the benefit of the blind citizens of Wyoming.
(b) The property received shall be cared for and may be sold and the proceeds invested for the benefit of the visually handicapped citizens of Wyoming. The state department of education shall act for the state as the custodian of all property received under this section and shall promulgate rules and regulations for the administration of the property and all proceeds for the benefit of the visually handicapped citizens of Wyoming.
Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), the purpose of the pioneer home and the Wyoming retirement center is to provide a place for the care and maintenance of residents of this state who are afflicted with the infirmities of old age.
25-8-102. Powers and duties of department of health.
(a) The department of health may:
(i) Construct, maintain, equip, operate and manage the pioneer home and the Wyoming retirement center;
(ii) Purchase, rent or otherwise provide the equipment, materials or supplies necessary to carry out the purposes hereof;
(iii) Dispose of equipment, materials and supplies no longer required in the operations of the pioneer home or the Wyoming retirement center;
(iv) Adopt rules and regulations for the admission, conduct and discharge of residents;
(v) Accept gifts on behalf of the state for the use of the pioneer home and the Wyoming retirement center;
(vi) Provide medical care for residents of the Wyoming retirement center.
25-8-103. Conditions for admission; charges for care.
Admission to the pioneer home and the Wyoming retirement center shall be voluntary and only upon prior approval by the department of health. Indigent aged persons may be cared for without charge. Nonindigent aged persons may be cared for under terms and conditions fixed by the department pursuant to W.S. 25-11-101 through 25-11-108.
25-8-104. Receipt and disposition of revenues and gifts.
(a) All revenues received from the operation of the pioneer home and from gifts given for the general purpose of the pioneer home shall be paid over to the state treasurer and deposited in the general fund. Gifts given for a specific purpose shall be kept in a separate account to be expended by the department of health for the specific purpose.
(b) The department shall deposit all funds received, collected by or donated to the Wyoming retirement center for care of patients into the special revenue fund. The funds collected are appropriated to the department and shall only be expended to fund the operation of the Wyoming retirement center and shall be disbursed pursuant to W.S. 9-4-304.
25-9-101. Purpose; admission of veterans and veterans' dependents.
(a) Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9-2-106(d), the veterans' home of Wyoming shall provide domiciliary level care and, if appropriate facilities are completed, may provide skilled nursing facility level care to:
(i) Honorably discharged veterans of the armed forces of the United States; and
(ii) Members of the state national guard disabled while on duty.
(b) Persons qualifying under subsection (a) of this section shall also be persons who:
(i) By reason of wounds, disease, old age or other infirmities are unable to earn their living and have no adequate means of support; and
(ii) Have been domiciled in this state for at least five (5) years next preceding their application for admission to the home.
(c) The department of health may admit dependents of soldiers, sailors or disabled members of the national guard, if it deems admission proper.
(d) There is created an account for use by the veterans' home of Wyoming for the general benefit of residents of the veterans' home. Profits from the sale of commodities at the veterans' home canteen after provision for increased inventories and servicing of the canteen facility and the interest earned from those profits shall be transferred to the account created by this subsection and are continuously appropriated to the department of health to be expended solely for the benefit of the veterans' home.
25-9-102. When nonveterans permitted admission; preference to veterans and veterans' dependents.
(a) The department of health may admit persons who are not veterans or dependents of veterans for care and treatment at the veterans' home of Wyoming if:
(i) The home is not filled to ninety percent (90%) of capacity and there are pending no applications of veterans or veterans' dependents;
(ii) The applicants are unable to earn their living and have no adequate means of support because of disease, old age or other infirmities;
(iii) The applicants have been domiciled in this state for at least five (5) years next preceding their application for admission to the home;
(iv) The persons are admitted pursuant to rules and regulations promulgated in accordance with W.S. 9-2-106(d).
(b) In all cases veterans and dependents of veterans shall be given preference of admission.
25-9-104. Medical care of residents; burial of deceased residents.
(a) The department of health shall:
(i) Furnish medical care for all residents of the home;
(ii) Provide a place of burial; and
(iii) Bury deceased residents.
25-9-105. Disposition of monies received from national home for disabled volunteer soldiers.
Money received from the board of managers of the national home for disabled volunteer soldiers shall be deposited in a separate account. The money shall be expended by the department of health for the veterans' home of Wyoming.
The department of health may appoint a chaplain of the veterans' home of Wyoming who shall hold his office for a period of one (1) year from date of his appointment unless removed for cause. He shall have charge of the moral and intellectual welfare of the residents of the home. He shall visit the home at least twice a month and provide services therein as he desires.
(a) As used in this act:
(i) "Court" means the district court which ordered detention, directed outpatient commitment or involuntary hospitalization of the person pursuant to this act, or the district court in the county where the person resides, is found or is hospitalized;
(ii) "Dangerous to himself or others" means that, as a result of mental illness, a person:
(A) Evidences a substantial probability of physical harm to himself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm; or
(B) Evidences a substantial probability of physical harm to other individuals as manifested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or
(C) Evidences behavior manifested by recent acts or omissions that, due to mental illness, he is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation, serious mental debilitation, destabilization from lack of or refusal to take prescribed psychotropic medications for a diagnosed condition or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness. No person, however, shall be deemed to be unable to satisfy his need for nourishment, essential medical care, shelter or safety if he is able to satisfy those needs with the supervision and assistance of others who are willing and available;
(D) While this definition requires evidence of recent acts or omissions of endangerment, either to self or others, a court may consider a person's mental health history in determining whether directed outpatient commitment or involuntary hospitalization is warranted.
(iii) "Department" means the state department of health;
(iv) "Examiner" means a licensed psychiatrist, a licensed physician, a licensed advanced practice registered nurse, a licensed physician assistant, a licensed psychologist, a licensed professional counselor, a licensed addictions therapist, a licensed clinical social worker or a licensed marriage and family therapist;
(v) "Head of hospital" means the individual in charge of a hospital or his designee. When this act requires or authorizes the head of a hospital to perform an act which involves the practice of medicine, the act shall be performed by a physician;
(vi) "Hospital" means a facility designated pursuant to W.S. 25-10-104 or the state hospital;
(vii) "Mental health center" means a behavioral health center as defined by W.S. 35-1-613(a)(xvi), other provider under W.S. 35-1-611 through 35-1-627 or an equivalently staffed and equipped student health service;
(viii) Repealed By Laws 1999, ch. 172, § 3.
(ix) "Mental illness" and "mentally ill" mean a physical, emotional, mental or behavioral disorder which causes a person to be dangerous to himself or others and which requires treatment, but do not include addiction to drugs or alcohol, drug or alcohol intoxication or developmental disabilities;
(x) "Patient" means an individual receiving treatment pursuant to this act;
(xi) "Physician" means an individual licensed under the laws of this state to practice medicine, or a physician in the service of the United States government while in this state in the performance of his official duties;
(xii) "State hospital" means the Wyoming state hospital at Evanston, Wyoming;
(xiii) "Treatment" means diagnosis, evaluation, intervention, which may include psychiatric medication, individual and group mental health counseling, illness management diversion services such as immediate linkages to mental health services in the community and discharge planning. Treatment shall begin at the time of detention, if the person knowingly and voluntarily consents, and shall continue throughout involuntary hospitalization or directed outpatient commitment. Treatment may be given without the consent of the detained person or his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others. "Treatment" does not include observation or supervision;
(xiv) "Treatment center" or "treatment provider" means as defined by department rule;
(xv) "Resident" means a United States citizen who has been a resident of and domiciled in Wyoming for not less than ninety (90) days and who has not claimed residency elsewhere for the purpose of obtaining medical or psychiatric services during that ninety (90) day period immediately preceding the date when services under this act were sought or imposed. "Resident" also includes any alien who has resided continuously in Wyoming for at least ninety (90) days immediately prior to the date when services under this act were sought or imposed. "Resident" also includes any active duty member, the spouse or minor child of any active duty member of the armed forces of the United States who is stationed in Wyoming;
(xvi) "Gatekeeper" means the single point of responsibility which may be designated by the department pursuant to W.S. 25-10-112(g);
(xvii) "This act" means W.S. 25-10-101 through 25-10-305.
25-10-103. Admission of persons with mental illness to hospital or treatment center.
Subject to the rules and regulations of the department, a hospital or any other treatment provider providing treatment under this act may admit persons who have symptoms of mental illness for treatment in their hospital or treatment center.
25-10-104. Duties of department of health as to hospitals other than state hospital.
(a) The department, with respect to hospitals or other treatment providers other than the state hospital, shall:
(i) Adopt standards for the designation of hospitals or other licensed treatment providers as qualified to accept patients and provide treatment under this act;
(ii) Designate hospitals or other treatment providers which qualify to provide services under this act;
(iii) Enter into contracts or agreements with designated hospitals or other treatment providers for the treatment of patients with mental illness;
(iv) Require information from designated hospitals and other treatment providers concerning the services rendered to patients under the provisions of this act;
(v) Repealed by Laws 2016, ch. 102, § 3.
(vi) Investigate complaints made by or on behalf of patients with mental illness; and
(vii) Promulgate rules and regulations for the administration of this act, including rules regarding reimbursement under W.S. 25-10-112.
25-10-105. Duties of department of health as to state hospital.
(a) The department shall:
(i) Adopt standards governing the state hospital;
(ii) Visit the state hospital to review methods of treatment of patients; and
(iii) Investigate complaints made by or on behalf of state hospital patients.
(a) The head of a hospital may admit for treatment any adult who has symptoms of mental illness but who has sufficient insight or capacity to make responsible, voluntary application for admission and who applies for admission.
(b) A person who has symptoms of mental illness but because of minority or incompetency is not capable of making a responsible, voluntary application for admission may be admitted for treatment upon application by a parent or guardian if the application:
(i) Is accompanied by a statement of an examiner that the person is mentally ill; and
(ii) An examiner at the hospital, based on a personal interview, determines that the person is mentally ill.
25-10-108. Release upon request; exceptions; discharge plan.
(a) A patient admitted pursuant to W.S. 25-10-106 who requests his release in writing or whose release is requested in writing by the person responsible for his care or custody, shall be released within twenty-four (24) hours after receipt of the request except:
(i) If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the consent of the patient; or
(ii) If the patient is a minor or incompetent, his release may be conditioned upon the consent of his parent or guardian.
(b) The hospital shall prepare a discharge plan in accordance with policies, rules and regulations of the department.