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2023 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(b) Repealed by Session Laws 1991, c. 59, s. 1.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).)
2023 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).)
2023 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.)
2023 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).)
2023 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).)
2023 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.)
2023 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.)
2023 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).)
2023 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).)
2023 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.)
2023 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).)
2023 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).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-144.6 - Enforcement and investigation.

§ 131E-144.6. Enforcement and investigation.
(a) The Department of Health and Human Services shall be responsible for enforcing the provisions of this Part. The Department shall investigate complaints made to it and reply within a reasonable period of time, not to exceed 60 days.
(a1) When the Department of Health and Human Services receives a complaint alleging a violation of the provisions of this Part pertaining to client care or client safety, the Department shall initiate an investigation as follows:
(1) Immediately upon receipt of the complaint if the complaint alleges a life-threatening situation.
(2) Within 24 hours if the complaint alleges abuse of a client as defined by G.S. 131D-20(1).
(3) Within 48 hours if the complaint alleges neglect of a client as defined by G.S. 131D-20(8).
(4) Within two weeks in all other situations.
The investigation shall be completed within 30 days. The requirements of this section are in addition to and not in lieu of any investigatory and reporting requirements for health care personnel pursuant to Article 15 of this Chapter, or for adult protective services pursuant to Article 6 of Chapter 108A of the General Statutes.
(b) A home care agency shall investigate, within 72 hours, complaints made to the agency by a home care client or the client's family and must document both the existence of the complaint and the resolution of the complaint. (2005-276, s. 10.40A(n).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-144.7 - Confidentiality.

§ 131E-144.7. Confidentiality.
(a) The Department of Health and Human Services may inspect home care clients' medical records maintained at the agency when necessary to investigate any alleged violation of this Part.
(b) The Department shall maintain the confidentiality of all persons who register complaints with the Department and of all medical records inspected by the Department. A person who has filed a complaint shall have access to information about a complaint investigation involving a specific home care client if written authorization is obtained from the client or legal representative. (2005-276, s. 10.40A(n).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-145 - Title; purpose.

§ 131E-145. Title; purpose.
(a) This Part shall be known as the "Ambulatory Surgical Facility Licensure Act."
(b) The purpose of this Part is to provide for the development, establishment and enforcement of basic standards:
(1) For the care and treatment of individuals in ambulatory surgical facilities; and
(2) For the maintenance and operation of ambulatory surgical facilities so as to ensure safe and adequate treatment of such individuals in ambulatory surgical facilities. (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-146 - Definitions.

§ 131E-146. Definitions.
As used in this Part, unless otherwise specified:
(1) "Ambulatory surgical facility" means a facility designed for the provision of a specialty ambulatory surgical program or a multispecialty ambulatory surgical program. An ambulatory surgical facility serves patients who require local, regional or general anesthesia and a period of post-operative observation. An ambulatory surgical facility may only admit patients for a period of less than 24 hours and must provide at least one designated operating room as defined in subdivision (1c) of this section or at least one gastrointestinal endoscopy room as defined in subdivision (1b) of this section and at least one designated recovery room, have available the necessary equipment and trained personnel to handle emergencies, provide adequate quality assurance and assessment by an evaluation and review committee, and maintain adequate medical records for each patient. An ambulatory surgical facility may be operated as a part of a physician or dentist's office, provided the facility is licensed under G.S. Chapter 131E, Article 6, Part 4, but the performance of incidental, limited ambulatory surgical procedures which do not constitute an ambulatory surgical program as defined in subdivision (1a) and which are performed in a physician or dentist's office does not make that office an ambulatory surgical facility.
(1a) "Ambulatory surgical program" means a formal program for providing on a same-day basis those surgical procedures which require local, regional or general anesthesia and a period of post-operative observation to patients whose admission for more than 24 hours is determined, prior to surgery or gastrointestinal endoscopy, to be medically unnecessary.
(1b) "Gastrointestinal endoscopy room" means a room used for the performance of procedures that require the insertion of a flexible endoscope into a gastrointestinal orifice to visualize the gastrointestinal lining and adjacent organs for diagnostic or therapeutic purposes.
(1c) "Operating room" means a room used for the performance of surgical procedures requiring one or more incisions and that is required to comply with all applicable licensure codes and standards for an operating room.
(2) "Commission" means the North Carolina Medical Care Commission.
(3) (Contingent effective date and expiration – see note) "Qualified urban ambulatory surgical facility" means an ambulatory surgical facility that meets the definition of G.S. 131E-176(21a). (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1; 1983 (Reg. Sess., 1984), c. 1064, s. 1; 1997-456, s. 49(a); 2001-242, s. 1; 2005-346, s. 4; 2023-7, s. 3.2(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-147 - Licensure requirement.

§ 131E-147. Licensure requirement.
(a) No person shall operate an ambulatory surgical facility without a license obtained from the Department.
(b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Department may by rule require. 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 base license fee in the amount of eight hundred fifty dollars ($850.00) plus a nonrefundable annual per-operating room fee in the amount of seventy-five dollars ($75.00).
(c) A license to operate an ambulatory surgical facility shall be annually renewed upon the filing and the department's approval of a renewal application. The renewal application shall be available from the Department and shall contain all necessary and reasonable information that the Department may by rule require.
(d) Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the Department.
(e) Licenses shall be posted in a conspicuous place on the licensed premises. (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1; 2003-284, s. 34.5(a); 2005-276, s. 41.2(e); 2009-451, s. 10.76(b).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-147.1 - Fair billing and collections practices for ambulatory surgical facilities.

§ 131E-147.1. Fair billing and collections practices for ambulatory surgical facilities.
All ambulatory surgical facilities licensed under this Part shall be subject to the fair billing and collections practices set out in G.S. 131E-91. (2013-382, s. 13.3.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-147.5 - (Contingent effective date see note) Charity care requirement for qualified urban ambulatory surgical facilities; annual report.

§ 131E-147.5. (Contingent effective date – see note) Charity care requirement for qualified urban ambulatory surgical facilities; annual report.
(a) The percentage of each qualified urban ambulatory surgical facility's total earned revenue that is attributed to self-pay and Medicaid revenue shall be equivalent to at least four percent (4%), calculated as follows: the Medicare allowable amount for self-pay and Medicaid surgical cases minus all revenue earned from self-pay and Medicaid cases, divided by the total earned revenues for all surgical cases, divided by the total earned revenues for all surgical cases performed in the facility for procedures for which there is a Medicare allowable fee.
(b) Each qualified urban ambulatory surgical facility shall annually report to the Department in the manner prescribed by the Department the percentage of the facility's earned revenue that is attributed to self-pay and Medicaid revenue, as calculated in accordance with subsection (a) of this section. (2023-7, s. 3.2(c).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-148 - Adverse action on a license.

§ 131E-148. Adverse action on a license.
(a) Subject to subsection (b), the Department is authorized to deny a new or renewal application for a license, and to amend, recall, suspend or revoke an existing license upon a determination that 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 150A 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). (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-149 - Rules and enforcement.

§ 131E-149. Rules and enforcement.
(a) The Commission is authorized to adopt, amend and repeal all rules necessary for the implementation of this Part. These rules shall be no stricter than those issued by the Commission under G.S. 131E-79 of the Hospital Licensing Act.
(b) The Department shall enforce the rules adopted or amended by the Commission with respect to ambulatory surgical facilities. (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-150 - Inspections.

§ 131E-150. Inspections.
(a) The Department shall make or cause to be made inspections of ambulatory surgical facilities as necessary. The Department is authorized to delegate to a State officer, agent, board, bureau or division of State government the authority to make inspections according to the rules adopted by the Commission. The Department may revoke this delegated authority in its discretion.
(b) Notwithstanding the provisions of G.S. 8-53, "Communications between physician and patient," or any other provision of law relating to the confidentiality of communications between physician and patient, the representatives of the Department who make these inspections may review any writing or other record in any recording medium which pertains to the admission, discharge, medication, treatment, medical condition, or history of persons who are or have been patients of the facility being inspected unless that patient objects in writing to review of that patient's records. Physicians, psychologists, psychiatrists, nurses, and anyone else involved in giving treatment at or through a facility who may be interviewed by representatives of the Department may disclose to these representatives information related to an inquiry, notwithstanding the existence of the physician-patient privilege in G.S. 8-53, "Communication between physician and patient," or any other rule of law; Provided the patient has not made written objection to this disclosure. The facility, its employees, and any person interviewed during these inspections shall be immune from liability for damages resulting from the disclosure of any information to the Department. Any confidential or privileged information received from review of records or interviews shall be kept confidential by the Department and not disclosed without written authorization of the patient or legal representative, or unless disclosure is ordered by a court of competent jurisdiction. The Department shall institute appropriate policies and procedures to ensure that this information shall not be disclosed without authorization or court order. The Department shall not disclose the name of anyone who has furnished information concerning a facility without the consent of that person. Neither the names of persons furnishing information nor any confidential or privileged information obtained from records or interviews shall be considered "public records" within the meaning of G.S. 132-1, "'Public records' defined." Prior to releasing any information or allowing any inspections referred to in this section, the patient must be advised in writing by the facility that the patient has the right to object in writing to this release of information or review of the records and that by objecting in writing, the patient may prohibit the inspection or release of the records. (1977, 2nd Sess., c. 1214, s. 1; 1981, c. 586, s. 5; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-151 - Penalties.

§ 131E-151. Penalties.
A person who owns in whole or in part or operates an ambulatory surgical facility without a license is guilty of a Class 3 misdemeanor, and upon conviction will be subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Each day of continuing violation after conviction is considered a separate offense. (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1; 1993, c. 539, s. 962; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-152 - Injunction.

§ 131E-152. Injunction.
(a) Notwithstanding the existence or pursuit of any other remedy, the Department may, 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 an ambulatory surgical facility 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. (1977, 2nd Sess., c. 1214, s. 1; 1983, c. 775, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153 - Title; purpose.

§ 131E-153. Title; purpose.
(a) This Part shall be known as the "Abortion Clinic Licensure Act."
(b) The purpose of this Part is to provide for the development, establishment, and enforcement of basic standards:
(1) For the care and treatment of individuals in abortion clinics; and
(2) For the maintenance and operation of abortion clinics so as to ensure safe and adequate treatment of such individuals in abortion clinics. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.1 - Definitions.

§ 131E-153.1. Definitions.
The following definitions apply in this Part, unless otherwise specified:
(1) Abortion clinic. – A freestanding facility, that is neither physically attached nor operated by a hospital, for the performance of abortions during the first 12 weeks of pregnancy.
(2) Commission. – The North Carolina Medical Care Commission.
(3) Operating room. – A room used for the performance of surgical procedures requiring one or more incisions and that is required to comply with all applicable licensure codes and standards for an operating room. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.2 - Licensure requirement.

§ 131E-153.2. Licensure requirement.
(a) No person shall operate an abortion clinic without a license obtained from the Department.
(b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Department may by rule require. 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 adopted by the Commission under this Part. The Department shall charge the applicant a nonrefundable annual base license fee in the amount of eight hundred fifty dollars ($850.00) plus a nonrefundable annual per-operating room fee in the amount of seventy-five dollars ($75.00).
(c) A license to operate an abortion clinic shall be annually renewed upon the filing and the Department's approval of a renewal application. The renewal application shall be available from the Department and shall contain all necessary and reasonable information that the Department may by rule require.
(d) Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the Department.
(e) Licenses shall be posted in a conspicuous place on the licensed premises. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.3 - Fair billing and collections practices for abortion clinics.

§ 131E-153.3. Fair billing and collections practices for abortion clinics.
All abortion clinics licensed under this Part shall be subject to the fair billing and collections practices set out in G.S. 131E-91. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.4 - Adverse action on a license.

§ 131E-153.4. Adverse action on a license.
(a) Subject to subsection (b) of this section, the Department is authorized to deny a new or renewal application for a license and to amend, recall, suspend, or revoke an existing license upon a determination that there has been a substantial failure to comply with the provisions of this Part or the rules adopted under this Part.
(b) 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) of this section. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.5 - Rules and enforcement.

§ 131E-153.5. Rules and enforcement.
(a) The Commission is authorized to adopt, amend, and repeal all rules necessary for the implementation of this Part. These rules shall be no stricter than those issued by the Commission under G.S. 131E-79 of the Ambulatory Surgical Facility Licensure Act.
(b) The Department shall enforce the rules adopted or amended by the Commission with respect to abortion clinics. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.6 - Inspections.

§ 131E-153.6. Inspections.
(a) The Department shall make or cause to be made inspections of abortion clinics as necessary. The Department is authorized to delegate to a State officer, agent, board, bureau, or division of State government the authority to make inspections according to the rules adopted by the Commission. The Department may revoke this delegated authority in its discretion.
(b) Notwithstanding the provisions of G.S. 8-53 or any other provision of law relating to the confidentiality of communications between physician and patient, the representatives of the Department who make these inspections may review any writing or other record in any recording medium that pertains to the admission, discharge, medication, treatment, medical condition, or history of persons who are or have been patients of the facility being inspected unless that patient objects, in writing, to review of that patient's records. Physicians, psychologists, psychiatrists, nurses, and anyone else involved in giving treatment at or through a facility who may be interviewed by representatives of the Department may disclose to these representatives information related to an inquiry, notwithstanding the existence of the physician-patient privilege in G.S. 8-53 or any other rule of law; provided, however, that the patient has not made written objection to this disclosure. The facility, its employees, and any person interviewed during these inspections shall be immune from liability for damages resulting from the disclosure of any information to the Department. Any confidential or privileged information received from review of records or interviews shall be kept confidential by the Department and not disclosed without written authorization of the patient or legal representative, or unless disclosure is ordered by a court of competent jurisdiction. The Department shall institute appropriate policies and procedures to ensure that this information is not disclosed without authorization or court order. The Department shall not disclose the name of anyone who has furnished information concerning a facility without the consent of that person. Neither the names of persons furnishing information nor any confidential or privileged information obtained from records or interviews shall be considered "public records" within the meaning of G.S. 132-1. Prior to releasing any information or allowing any inspections referred to in this section, the patient must be advised in writing by the facility that the patient has the right to object, in writing, to this release of information or review of the records and that by objecting, in writing, the patient may prohibit the inspection or release of the records. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.7 - Penalties.

§ 131E-153.7. Penalties.
A person who owns in whole or in part or operates an abortion clinic without a license is guilty of a Class 3 misdemeanor and upon conviction will be subject only to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Each day of continuing violation after conviction is considered a separate offense. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-153.8 - Injunction.

§ 131E-153.8. Injunction.
(a) Notwithstanding the existence or pursuit of any other remedy, the Department may, 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 an abortion clinic 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. (2023-14, s. 2.2.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.1 - Title; purpose.

§ 131E-154.1. Title; purpose.
(a) This Part shall be known as "Nursing Pool Licensure Act".
(b) The purpose of this Part is to establish licensing requirements for nursing pools. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.2 - Definitions.

§ 131E-154.2. Definitions.
The following definitions apply in this Part:
(1) Commission. – The North Carolina Medical Care Commission.
(2) Department. – The Department of Health and Human Services.
(3) Health care facility. – A hospital; psychiatric facility; rehabilitation facility; long-term care facility; home health agency; intermediate care facility for individuals with intellectual disabilities; chemical dependency treatment facility; and ambulatory surgical facility.
(4) Nursing pool. – Any person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for nursing personnel, including nurses, nursing assistants, nurses aides, and orderlies. "Nursing pool" does not include an individual who engages solely in providing the individual's own services on a temporary basis to health care facilities.
(5) Trauma. – Acute physical injury to the human body that is judged, by the use of standardized field triage criteria (anatomic, physiologic, or mechanism of injury), to create a significant risk of mortality or major morbidity. (1989, c. 744, s. 1; 1993, c. 336, s. 2; 1997-443, s. 11A.118(a); 2019-76, s. 18.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.3 - Licensing.

§ 131E-154.3. Licensing.
(a) No person shall operate or represent himself to the public as operating a nursing pool without obtaining a license from the Department.
(b) The Department shall provide applications for nursing pool licensure. Each application filed with the Department shall contain all information requested. 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 with the rules adopted by the Commission. Each license shall be issued only for the premises and persons named, shall not be transferrable or assignable except with the written approval of the Department, and shall be posted in a conspicuous place on the licensed premises.
(c) The Department shall renew the license in accordance with this Part and with rules adopted pursuant to it.
(d) Nursing pools administered by health care facilities and agencies licensed under Article 5 or 6 of Chapter 131E of the General Statutes shall not be required to be separately licensed under this Article. However, any facility or agency exempted from licensure as a nursing pool under this subsection shall be subject to rules adopted pursuant to this Article. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.4 - Rules and enforcement.

§ 131E-154.4. Rules and enforcement.
(a) The Commission shall adopt, amend, and repeal all rules necessary for the implementation of this Part. These rules shall include the following requirements:
(1) The nursing pool shall document that each employee who provides care meets the minimum licensing, training, and continuing education standards for the position in which the employee will be working;
(2) The nursing pool shall comply with all other pertinent regulations relating to the health and other qualifications of personnel;
(3) The nursing pool shall carry general and professional liability insurance to insure against the loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in the provision of health care services by the nursing pool or its employees;
(4) The nursing pool shall have written administrative and personnel policies to govern the services that it provides. These policies shall include those concerning patient care, personnel, training and orientation, supervision, employee evaluation, and organizational structure; and
(5) Any other aspects of nursing pool services that may need to be regulated to protect the public.
(b) The Commission shall adopt no rules pertaining to the regulation of charges by the nursing pool or to wages paid by the nursing pool. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.5 - Inspections.

§ 131E-154.5. Inspections.
The Department shall inspect all nursing pools that are subject to rules adopted pursuant to this Part in order to determine compliance with the provisions of this Part and with rules adopted pursuant to it. Inspections shall be conducted in accordance with rules adopted by the Commission. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.6 - Adverse action on a license; appeal procedures.

§ 131E-154.6. Adverse action on a license; appeal procedures.
(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 with the rules adopted pursuant to it.
(b) The provisions of Chapter 150B of the General Statutes, the Administrative Procedure Act, shall govern all administrative action and judicial review in cases in which the Department has taken the action described in subsection (a) of this section. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.7 - Injunction.

§ 131E-154.7. Injunction.
(a) Notwithstanding the existence or pursuit of any other remedy, the Department may maintain an action in the name of the State for injunctive relief or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a nursing pool without a license or to restrain or prevent substantial noncompliance with this Part or the rules adopted pursuant to it.
(b) If any person hinders the proper performance of duty of the Department in carrying out the provisions of this Part, the Department may institute an action in the superior court of the county in which the hindrance occurred for injunctive relief against the continued hindrance. (1989, c. 744, s. 1.)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.8 - Confidentiality.

§ 131E-154.8. Confidentiality.
(a) Notwithstanding G.S. 8-53 or any other law pertaining to confidentiality of communications between physician and patient, in the course of an inspection conducted pursuant to G.S. 131E-154.5:
(1) Department representatives may review any writing or other record concerning the admission, discharge, medication, treatment, medical condition, or history of any person who is or has been a nursing pool patient; and
(2) Any person involved in treating a patient at or through a nursing pool may disclose information to a Department representative unless the patient objects in writing to review of his records or disclosure of the information. A nursing pool shall not release any information or allow any inspections under this section without first informing each affected patient in writing of his right to object to and thus prohibit release of information or review of records pertaining to him.
A nursing pool, its employees, and any other person interviewed in the course of an inspection shall be immune from liability for damages resulting from disclosure of the information to the Department.
(b) The Department shall not disclose:
(1) Any confidential or privileged information obtained under this section unless the patient or his legal representative authorizes disclosure in writing or unless a court of competent jurisdiction orders disclosure; or
(2) The name of anyone who has furnished information concerning a nursing pool without that person's consent.
The Department shall institute appropriate policies and procedures to ensure that unauthorized disclosure does not occur. Any Department employee who willfully discloses this information without appropriate authorization or court order shall be guilty of a Class 3 misdemeanor and, upon conviction, only fined at the discretion of the court but not in excess of five hundred dollars ($500.00).
(c) All confidential or privileged information obtained under this section and the names of all persons providing this information are exempt from Chapter 132 of the General Statutes. (1989, c. 744, s. 1; 1993, c. 539, s. 963; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 131E - Health Care Facilities and Services › Article 6 - Health Care Facility Licensure Act. › § 131E-154.12 - Title; purpose.

§ 131E-154.12. Title; purpose.
(a) This Part shall be known as the "North Carolina New Organizational Vision Award (NC NOVA) Special Licensure Designation."
(b) The purpose of this Part is to establish special licensure designation requirements for nursing homes and home care agencies licensed pursuant to this Chapter and adult care homes licensed pursuant to Article 1 of Chapter 131D of the General Statutes. Application for the Special Licensure Designation is voluntary. (2006-104, s. 1.)