reglab/housing_qa huggingface dataset:
NC Gen Stat § 131E-125 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-125 - Revocation of a license.

 131E-125. Revocation of a license.(a) The Department shall have the authority to revoke a license issued pursuant to G.S. 131E-102 in any case where it finds that there has been a substantial failure to comply with the provisions of this Part or any failure that endangers the health, safety or welfare of patients.A revocation shall be effected by mailing to the licensee by registered mail, or by personal service of, a notice setting forth the particular reasons for such action. Such revocation shall become effective 20 days after the mailing or service of the notice, unless the applicant or licensee, within such 20-day period, files a petition for a contested case, in which case the notice shall be deemed to be suspended. At any time at or prior to the hearing, the Department may rescind the notice of revocation upon being satisfied that the reasons for the revocation have been or will be removed.(b) In the case of a nursing home operated by a hospital which is licensed under Article 5 of G.S. Chapter 131E, when the Department of Health and Human Services finds that there has been a substantial failure to comply with the provisions of this Part, it may issue an order preventing the continued operation of the home.Such order shall be effected by mailing to the hospital by registered or certified mail, or by personal service of, a notice setting forth the particular reasons for such action. Such order shall become effective 20 days after the mailing of the notice, unless the hospital, within such 20-day period, files a petition for a contested case, in which case the order shall be deemed to be suspended. At any time at or prior to the hearing, the Department of Health and Human Services may rescind the order upon being satisfied that the reasons for the order have been or will be removed. (1977, c. 897, s. 1; 1983, c. 143, s. 3; c. 775, s. 1; 1987, c. 827, s. 251; 1997-443, s. 11A.118(a).)
NC Gen Stat § 131E-127 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-127 - No interference with practice of medicine or physician-patient relationship.

 131E-127. No interference with practice of medicine or physician-patient relationship.Nothing in this Part shall be construed to interfere with the practice of medicine or the physician-patient relationship. (1977, c. 897, s. 1; 1983, c. 775, s. 1.)
NC Gen Stat § 131E-128.2 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-128.2 - Nursing home quality assurance committee; duties related to medication error prevention.

 131E-128.2. Nursing home quality assurance committee; duties related to medication error prevention.Every nursing home administrator shall ensure that the nursing home quality assurance committee develops and implements appropriate measures to minimize the risk of actual and potential medication-related errors, including the measures listed in this section. The design and implementation of the measures shall be based upon recommendations of the medication management advisory committee and shall:(1) Increase awareness and education of the patient and family members about all medications that the patient is using, both prescription and over-the-counter, including dietary supplements.(2) Increase prescription legibility.(3) Minimize confusion in prescription drug labeling and packaging, including unit dose packaging.(4) Develop a confidential and nonpunitive process for internal reporting of actual and potential medication-related errors.(5) To the extent practicable, implement proven medication safety practices, including the use of automated drug ordering and dispensing systems.(6) Educate facility staff engaged in medication administration activities on similar-sounding drug names.(7) Implement a system to accurately identify recipients before any drug is administered.(8) Implement policies and procedures designed to improve accuracy in medication administration and in documentation by properly authorized individuals, in accordance with prescribed orders and stop order policies.(9) Implement policies and procedures for patient self-administration of medication.(10) Investigate and analyze the frequency and root causes of general categories and specific types of actual or potential medication-related errors.(11) Develop recommendations for plans of action to correct identified deficiencies in the facility's pharmaceutical management practices. (2003-393, s. 1.)
NC Gen Stat § 131E-128.3 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-128.3 - Staff orientation on medication error prevention.

 131E-128.3. Staff orientation on medication error prevention.The nursing home administrator shall ensure that the nursing home provide a minimum of one hour of education and training in the prevention of actual or potential medication-related errors. This training shall be provided upon orientation and annually thereafter to all nonphysician personnel involved in direct patient care. The content of the training shall include at least the following:(1) General information relevant to the administration of medications including terminology, procedures, routes of medication administration, potential side effects, and adverse reactions.(2) Additional instruction on categories of medication pertaining to the specific needs of the patient receiving the medication.(3) The facility's policy and procedures regarding its medication administration system.(4) How to assist patients with safe and accurate self-administration of medication, where appropriate.(5) Identifying and reporting actual and potential medication-related errors. (2003-393, s. 1.)
NC Gen Stat § 131E-130 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-130 - First available bed priority for certain nursing home patients.

 131E-130. First available bed priority for certain nursing home patients.(a) If a patient is temporarily absent, for no more than 15 days, from a nursing home to obtain medical treatment at a hospital other than a State mental hospital, the nursing home; (i) shall provide the patient with the first bed available at or after the time the nursing home receives written notification of the specific date of discharge from the hospital; and (ii) shall grant the patient priority of admission over applicants for admission to the nursing home.The duration of the temporary absence shall be calculated from the day of the patient's admission to a hospital until the date the nursing home receives written notice of the specific date of discharge.This subsection shall not apply in instances in which the patient's treatment can no longer be provided by the nursing home upon re-admission.(b) If the Department finds that a nursing home has violated the provisions of subsection (a) of this section, the Department may assess a civil penalty of fifty dollars ($50.00) a day, up to a maximum of one thousand five hundred dollars ($1,500), against the nursing home, for each violation.The clear proceeds of penalties provided for in this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.(c) The provisions of Chapter 150B of the General Statutes that govern contested cases apply to appeals from Department action pursuant to this section. (1987 (Reg. Sess., 1988), c. 1080, s. 1; 1998-215, s. 79.)
NC Gen Stat § 131E-131 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-131 - Rule-making authority; enforcement.

 131E-131. Rule-making authority; enforcement.The Commission shall adopt rules necessary for the implementation of this Part.The Department shall enforce the rules adopted by the Commission to implement this Part. (1993, c. 499, s. 2.)
NC Gen Stat § 131E-135 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-135 - Title; purpose.

 131E-135. Title; purpose.(a) This Part shall be known as "Home Care Agency Licensure Act."(b) The purpose of this Part is to establish licensing requirements for home care agencies. (1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34.)
NC Gen Stat § 131E-137 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-137 - Services to be provided in all counties.

 131E-137. Services to be provided in all counties.(a) Every county shall provide part-time, intermittent home care nursing services, and at least one of the following home care services: part-time, intermittent physical therapy, occupational therapy, speech therapy, medical social work, or home health aide services.(b) Repealed by Session Laws 1991, c. 59, s. 1.(c) These services shall be provided by a home care agency licensed under this Part. The county may provide these services by contract with another home care agency in another county.(d) Repealed by Session Laws 1985, c. 8, s. 1. (1977, 2nd Sess., c. 1184; 1979, c. 754, s. 1; 1983, c. 775, s. 1; 1985, c. 8; 1991, c. 59, s. 1, c. 761, s. 34.)
NC Gen Stat § 131E-138 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-138 - Licensure requirements.

 131E-138. Licensure requirements.(a) No person or governmental unit shall operate a home care agency without a license obtained from the Department. Nothing in this Part shall be construed to extend or modify the licensing of individual health professionals by the licensing boards for their professions or to create any new professional license category.(b) Repealed by Session Laws 1991, c. 59, s. 1.(c) An application for a license shall be available from the Department, and each application filed with the Department shall contain all information requested by the Department. A license shall be granted to the applicant upon a determination by the Department that the applicant has complied with the provisions of this Part and the rules promulgated by the Commission under this Part. The Department shall charge the applicant a nonrefundable annual license fee in the amount of five hundred ten dollars ($510.00).(d) The Department shall renew the license in accordance with the rules of the Commission.(e) Each license shall be issued only for the premises and persons named in the license and shall not be transferable or assignable except with the written approval of the Department.(f) The license shall be posted in a conspicuous place on the licensed premises.(g) The Commission shall adopt rules to ensure that a home care agency shall be deemed to meet the licensure requirements and issued a license without further review or inspection if: (i) the agency is already certified or accredited by the Joint Commission on Accreditation of Health Care Organizations, National League for Nursing, National Home Caring Council, North Carolina Accreditation Commission for In-Home Aide Services, or other entities recognized by the Commission and (ii) the agency is certified or accredited for all of the home care services that it provides; or (iii) in the case of continuing care retirement communities licensed by the North Carolina Department of Insurance under Article 64 of Chapter 58 which also have nursing beds licensed by the Department of Health and Human Services under Article 6 of Chapter 131E, the Department certifies, as part of its licensure review or survey of the nursing beds, that the facility also meets all of the rules and regulations adopted by the Commission pursuant to this Part. The Department may, at its discretion, determine the frequency and extent of the review and inspection of home health agencies already certified as meeting federal requirements, but not more frequently than on an annual basis for routine reviews.  (1971, c. 539, s. 1; 1973, c. 476, s. 128; 1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34; 1997-443, s. 11A.118(a); 2003-284, s. 34.4(a); 2005-276, s. 41.2(d); 2008-127, s. 2; 2009-451, s. 10.76(d).)
NC Gen Stat § 131E-138.1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-138.1 - Licensure fees for nursing beds and adult care home beds in continuing care retirement communities.

 131E-138.1. Licensure fees for nursing beds and adult care home beds in continuing care retirement communities.The Department shall charge continuing care retirement communities licensed under Article 64 of Chapter 58 of the General Statutes that have nursing home beds or adult care home beds licensed by the Department a nonrefundable annual base license fee in the amount of four hundred fifty dollars ($450.00) plus a nonrefundable annual per-bed fee in the amount of twelve dollars and fifty cents ($12.50). (2003-284, s. 34.9(a); 2005-276, s. 41.2(i).)
NC Gen Stat § 131E-139 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-139 - Adverse action on a license.

 131E-139. Adverse action on a license.(a) The Department may suspend, revoke, annul, withdraw, recall, cancel or amend a license when there has been a substantial failure to comply with the provisions of this Part or the rules promulgated under this Part.(b) The provisions of Chapter 150B of the General Statutes, The Administrative Procedure Act, shall govern all administrative action and judicial review in cases where the Department has taken the action described in subsection (a). (1971, c. 539, s. 1; 1973, c. 476, s. 128; 1983, c. 775, s. 1; 1987, c. 827, s. 1; 1991, c. 59, s. 1, c. 761, s. 34.)
NC Gen Stat § 131E-140 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-140 - Rules and enforcement.

 131E-140. Rules and enforcement.(a) The Commission may adopt, amend and repeal all rules necessary for the implementation of this Part and Part 3A of Article 6 of this Chapter. Provided, these rules shall not extend, modify, or limit the licensing of individual health professionals by their respective licensing boards; nor shall these rules in any way be construed to extend the appropriate scope of practice of any individual health care provider. Rules authorized under this section include rules:(1) That recognize the different types of home care services and shall adopt specific requirements for the provision of each type of home care service.(2) To establish staff qualifications, including professional requirements for home care agency staff. The rules may require that one or more staff of an agency be either licensed or certified. The rules may establish minimum training and education qualifications for staff and may include the recognition of professional certification boards for those professions not licensed or certified under other provisions of the North Carolina General Statutes provided that the professional board evaluates applicants on a basis that protects the public health, safety, or welfare.(3) For the purpose of ensuring effective supervision of in-home aide staff and timely provision of services, the Commission shall adopt rules defining geographic service areas for in-home aide services and staffing qualifications for licensed home care agencies.(4) Prohibiting licensed home care agencies from hiring individuals listed on the Health Care Personnel Registry in accordance with G.S. 131E-256(a)(1).(5) Requiring applicants for home care licensure to receive training in the requirements for licensure, the licensure process, and the rules pertaining to the operation of a home care agency.(a1) The Commission shall adopt rules defining the scope of permissible advertising and promotional practice by home care agencies.(b) The Department shall enforce the rules adopted or amended by the Commission with respect to home care agencies and shall conduct an inspection of each agency at least every three years. (1971, c. 539, s. 1; 1973, c. 476, s. 128; 1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34; 2005-276, ss. 10.40A(a), 10.40A(o).)
NC Gen Stat § 131E-141.1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-141.1 - Penalties for violation.

 131E-141.1. Penalties for violation.Any person who knowingly and willfully establishes, conducts, manages or operates any home care agency without a license is guilty of a Class 3 misdemeanor and upon conviction is liable only for a fine of not more than five hundred dollars ($500.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. (1991, c. 59, s. 1, c. 761, s. 34; 1993, c. 539, s. 961; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 131E-142 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-142 - Injunction.

 131E-142. Injunction.(a) Notwithstanding the existence or pursuit of any other remedy, the Department shall, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a home care agency without a license.(b) If any person shall hinder the proper performance of duty of the Secretary or a representative in carrying out the provisions of this Part, the Secretary may institute an action in the superior court of the county in which the hindrance occurred for injunctive relief against the continued hindrance irrespective of all other remedies at law.(c) Actions under this section shall be in accordance with Article 37 of Chapter 1 of the General Statutes and Rule 65 of the Rules of Civil Procedure. (1983, c. 775, s. 1; 1991, c. 59, s. 1, c. 761, s. 34.)
NC Gen Stat § 131E-143 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-143 - Smoking prohibited; penalty.

 131E-143. Smoking prohibited; penalty.(a) A home care agency shall prohibit its employees from smoking while providing services to an individual in the individual's home. The home care agency shall inform its clients that employees of the agency are prohibited from smoking in a client's home. As used in this section:(1) "Employee" includes an individual under contract with the home care agency to provide home care services.(2) "Smoking" means the use or possession of any lighted cigar, cigarette, pipe, or other lighted smoking product.(b) The Department may impose an administrative penalty not to exceed two hundred dollars ($200.00) for each violation on any person who owns, manages, operates, or otherwise controls the home care agency and fails to comply with this section. A violation of this section constitutes a civil offense only and is not a crime. (2007-459, s. 4.)
NC Gen Stat § 131E-144.1 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-144.1 - Legislative intent.

 131E-144.1. Legislative intent.It is the intent of the General Assembly to support an individual's desire to live at home and receive home care services. (2005-276, s. 10.40A(n).)
NC Gen Stat § 131E-144.2 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-144.2 - Definitions.

 131E-144.2. Definitions.Unless otherwise specified, the definitions that are provided in Part 3 of Article 6 of this Chapter apply in this Part. (2005-276, s. 10.40A(n).)
NC Gen Stat § 131E-144.3 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-144.3 - Declaration of home care clients' rights.

 131E-144.3. Declaration of home care clients' rights.Each client of a home care agency shall have the following rights:(1) To be informed and participate in his or her plan of care.(2) To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy.(3) To receive care and services that are adequate, appropriate, and in compliance with relevant federal and State laws and rules and regulations.(4) To voice grievances about care and not be subjected to discrimination or reprisal for doing so.(5) To have his or her personal and medical records kept confidential and not be disclosed except as permitted or required by applicable State or federal law.(6) To be free of mental and physical abuse, neglect, and exploitation.(7) To receive a written statement of services provided by the agency and the charges the client is liable for paying.(8) To be informed of the process for acceptance and continuance of service and eligibility determination.(9) To accept or refuse services.(10) To be informed of the agency's on-call service.(11) To be informed of supervisory accessibility and availability.(12) To be advised of the agency's procedures for discharge.(13) To receive a reasonable response to his or her requests of the agency.(14) To be notified within 10 days when the agency's license has been revoked, suspended, canceled, annulled, withdrawn, recalled, or amended.(15) To be advised of the agency's policies regarding patient responsibilities.  (2005-276, s. 10.40A(n); 2011-314, s. 6.)
NC Gen Stat § 131E-144.4 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-144.4 - Notice to client.

 131E-144.4. Notice to client.(a) During the agency's initial evaluation visit or before furnishing services, a home care agency shall provide each client with the following:(1) A copy of the declaration of home care clients' rights.(2) A copy of the agency's policies regarding client responsibilities as it relates to safety and care plan compliance.(3) The address and telephone number for information, questions, or complaints about services provided by the agency.(4) The address and telephone number of the section of the Department of Health and Human Services responsible for the enforcement of the provisions of this Part.(b) Receipts for the declaration of home care clients' rights and contact information required in this section shall be signed by the client and shall be retained in the agency's files. (2005-276, s. 10.40A(n).)
NC Gen Stat § 131E-144.5 (2021)
2021 North Carolina General Statutes|Chapter 131E - Health Care Facilities and Services|Article 6 - Health Care Facility Licensure Act.|§ 131E-144.5 - Implementation.

 131E-144.5. Implementation.Responsibility for implementing the provisions of this Part shall rest with the home care agency director. Each agency shall provide appropriate training to implement this Part. (2005-276, s. 10.40A(n).)