reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0107 - SCHEDULE VI

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Schedule VI
				  shall consist of the drugs and other substances by whatever official name,
				  common or usual name, chemical name or brand name designated listed in this
				  Rule. Each drug or substance has been assigned the Drug Enforcement
				  Administration code number set forth opposite it:
Tetrahydrocannabinols 7370
(b) Synthetic equivalents of the substances
				  contained in the plant or in the resinous extractives of cannabis, and/or
				  synthetic substances, derivatives and their isomers with similar chemical
				  structure and pharmacological activity such as the following:
1 cis or trans tetrahydrocannabinol and their optical
					 isomers.
6 cis or trans tetrahydrocannabinol and their optical
					 isomers.
3, 4 cis or trans tetrahydrocannabinol and its optical
					 isomers.
(Since nomenclature of these substances is not
					 internationally standardized, compounds of these structures, regardless of
					 numerical designation, designations of atomic position are covered.)
Marijuana 7360
Authority
					 G.S.
					 90-88(a);
Eff.
					 June 30, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0108 - APPLICATION FOR EXCLUSION OF NONNARCOTIC SUBSTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person seeking to have any
				  nonnarcotic substance which may, under the Federal Food, Drug and Cosmetic Act
				  (21 USC
				  301), as amended, be lawfully sold over the
				  counter without a prescription, excluded from any schedule, pursuant to General
				  Statute Chapter 90-88(e) may apply to the Commission for Mental Health,
				  Developmental Disabilities and Substance Abuse Services.
(b) An application for an exclusion under
				  this Section shall contain the following information:
(1) the name and address of the
				  applicant,
(2) the name and the
				  substance for which exclusion is sought, and
(3) the complete quantitative composition of
				  the substance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0109 - EXCLUDED SUBSTANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Those drugs which were excluded by the Drug Enforcement
					 Administration on April 1, 1973, under Section 201(g)(1) of Federal Controlled
					 Substances Act [21 USC
					 811(g)(1)], as amended, have
					 been excluded by the Drug Commission from all schedules pursuant to General
					 Statute Chapter 90-88(e).
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. September 30, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0110 - APPLICATION FOR EXEMPT CHEMICAL PREPARATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person seeking to have any preparation or mixture containing controlled
				  substances and one or more noncontrolled substances exempted from the
				  application of all or any part of the act pursuant to General Statute Chapter
				  90-88(g) may apply to the Commission for Mental Health, Developmental
				  Disabilities and Substance Abuse Services.
(b) An application for an exemption under
				  this Rule shall contain the following information:
(1) the name, address and registration
				  number, if any, of the applicant;
(2) the name, address and registration
				  number, if any, of the manufacturer or importer of the preparation or mixture,
				  if not the applicant;
(3) the exact
				  trade name or other designation of the preparation or mixture;
(4) the complete quantitative composition of
				  all the preparation or mixture (including all active ingredients and
				  noncontrolled substances);
(5) the
				  form of the immediate container in which the preparation or mixture will be
				  distributed with sufficient descriptive detail to identify the preparation or
				  mixture (e.g., bottle, packet, vial, soft plastic pillow, agar gel plate,
				  etc.);
(6) the dimensions or
				  capacity of the immediate container of the preparation or mixture;
(7) the label and labeling, as defined in
				  Rule .0201 of Subchapter 26E of this Chapter and of
				  G.S.
				  90-106, the North Carolina Controlled
				  Substances Act, as amended, of the immediate container and the commercial
				  containers, if any, of the preparation or mixture;
(8) a brief statement of the facts which the
				  applicant believes justify the granting of an exemption under this Paragraph
				  including information on the use to which the preparation or mixture will be
				  put;
(9) the date of application;
				  and
(10) which of the information
				  submitted on the application, if any, is deemed by the applicant to be a trade
				  secret or otherwise confidential and entitled to protection under any law
				  restricting public disclosure of information.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0111 - EXEMPT CHEMICAL PREPARATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Those drugs which were exempted by the Drug Enforcement
					 Administration on April 1, 1973, under Sections 302, 303, 305, 306, 307, 308,
					 309, 1002, 1003, 1004 of the Federal Controlled Substances Act (21 USC
					 822-3,
					 825-9,
					 952-4) as amended, have been
					 exempted by the Commission for Mental Health, Developmental Disabilities and
					 Substance Abuse Services to the same extent described in
					 21 CFR
					 308.24(b) through (h)
					 pursuant to
					 G.S.
					 90-88(g).
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0112 - APPLICATION FOR EXCEPTION OF A STIMULANT OR DEPRESSANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person seeking to have any compound,
				  mixture or preparation containing any depressant or stimulant substance listed
				  in Paragraph .0204(b) or (c) or in Rule .0205 or in .0206 of this Section
				  excepted from the application of all or any part of the act, pursuant to
				  G.S.
				  90-91(i) and
				  90-92(b), may
				  apply to the Commission for Mental Health, Developmental Disabilities and
				  Substance Abuse Services.
(b) An
				  application for an exception under this Rule shall contain the following
				  information:
(1) the complete quantitative
				  composition of the dosage form,
(2)
				  description of the unit dosage form together with complete labeling,
(3) a summary of the pharmacology of the
				  product including animal investigations and clinical evaluations and studies
				  with emphasis on the psychic or physiological dependence liability, (This must
				  be done for each of the active ingredients separately and for the combination
				  product.)
(4) details of dynergisms
				  and antagonisms among ingredients,
(5) deterrent effects of the noncontrolled
				  ingredients,
(6) complete copies of
				  all literature in support of claims,
(7) reported instances of abuse,
(8) reported and anticipated adverse
				  effects,
(9) number of dosage units
				  produced for the past two years.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0113 - EXCEPTED COMPOUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Those drugs which were excepted by the Drug Enforcement
					 Administration April 1, 1973, under Section 202(d) of the Federal Controlled
					 Substances Act [21 USC
					 812(d)] as amended have been
					 excepted by the Commission for Mental Health, Developmental Disabilities and
					 Substance Abuse Services from application of
					 G.S.
					 90-104,
					 90-105 and
					 90-106. Any deviation from the
					 quantitative composition of any of the listed drugs shall require a petition
					 for exception in order for that drug to be excepted.
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0114 - HEARINGS GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
In any case where the Commission for Mental Health,
					 Developmental Disabilities and Substance Abuse Services shall hold a hearing on
					 the addition, deletion or rescheduling of substances within Schedules I through
					 VI of the North Carolina Controlled Substances Act pursuant to
					 G.S.
					 90-88, the procedures for such hearings and
					 accompanying proceedings shall be governed generally by the rulemaking
					 procedures set forth in G.S. 150B and specifically by
					 G.S.
					 90-88 and by these rules and regulations,
					 Departmental rules.
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0115 - PURPOSE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission for Mental Health, Developmental
					 Disabilities and Substance Abuse Services shall hold a hearing for the purpose
					 of receiving factual evidence regarding the issues involved in the addition,
					 deletion or rescheduling with Schedules I through VI of the North Carolina
					 Controlled Substances Act.
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0116 - WAIVER OR MODIFICATION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission for Mental Health, Developmental
					 Disabilities and Substance Abuse Services may modify or waive any rule in this
					 part by notice in advance of the hearing with the consent of the parties to the
					 hearing if it determines that no party in the hearing will be unduly prejudiced
					 and the ends of justice will thereby be served. Such notice of modification or
					 waiver shall be made a part of the record of the hearing.
Authority
					 G.S.
					 90-88;
					 150B-25;
Eff. June
					 30, 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0117 - ADDITION: DELETION OR RESCHEDULING OF A SUBSTANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  interested person may submit a petition to initiate proceedings for the
				  addition, deletion or rescheduling of any substances within Schedules I through
				  VI of the North Carolina Controlled Substances Act pursuant to the provisions
				  of G.S.
				  90-88.
(b) Petitions shall be submitted in
				  quintuplicate to the Commission for Mental Health, Mental Retardation and
				  Substance Abuse Services in the following form:
____________________
Date
(The Commission Address)
Dear Sir: The undersigned ____________________ hereby
					 petitions the commission to initiate proceedings for the addition (deletion or
					 rescheduling) of a substance within Schedules I through VI of the North
					 Carolina Controlled Substances Act pursuant to
					 G.S.
					 90-88.
Attached hereto and constituting a part of this petition
					 are the following:
(1) the proposed
				  substance in the form proposed by the petitioner; (If the petitioner seeks the
				  deletion or rescheduling of an existing controlled substance, the existing
				  controlled substance together with a reference to this Section in the latest
				  commission publication of Schedules I through VI where it appears should be
				  included.)
(2) a statement of the
				  grounds which the petitioner relies upon for the addition (deletion or
				  rescheduling) of the substance. (Such grounds shall include a reasonably
				  concise statement of the facts relied upon by the petitioner including a
				  summary of any relevant medical or scientific evidence known to the
				  petitioner.)
All notices to be sent regarding this petition should be
					 addressed to:
________________________
Name
________________________
Street Address
________________________
City and State
Respectfully yours,
_________________________
Signature of Petitioner
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0118 - BURDEN OF PROOF

Current through Register Vol. 39, No. 2, July 15, 2024
At any hearing the proponent for the addition, deletion or
					 rescheduling of any substance within Schedules I through VI of the North
					 Carolina Controlled Substances Act shall have the burden of
					 proof.
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0119 - TIME AND PLACE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
The hearing will commence at the place and time designated
					 in the notice published in accordance with .0117(d) of this Subchapter, but,
					 thereafter, it may be continued from day to day or recessed to a later day
					 without notice other than announcement thereof by the presiding officer at the
					 hearing.
Authority
					 G.S.
					 90-88;
					 150B-33;
Eff. June
					 30, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0120 - FINAL ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
As soon as practicable after the hearing has been
					 concluded, the Commission for Mental Health, Developmental Disabilities and
					 Substance Abuse Services shall cause to be published its decision in the form
					 of an order. This order shall specify the date on which it shall take effect
					 which shall not be less than 30 days from the date of publication unless the
					 Commission for Mental Health, Developmental Disabilities and Substance Abuse
					 Services finds that conditions of public health or safety necessitate an
					 earlier effective date in which event the Commission for Mental Health,
					 Developmental Disabilities and Substance Abuse Services shall specify in the
					 order its findings as to such conditions.
Authority
					 G.S.
					 90-88;
Eff. June 30,
					 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0121 - MEETING REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to
					 G.S.
					 90-88(d), any time a
					 substance is added, deleted or rescheduled as a controlled substance, the
					 Commission for Mental Health, Developmental Disabilities and Substance Abuse
					 Services shall meet within 180 days and either agree or object to the change.
					 In either case the Commission for Mental Health, Developmental Disabilities and
					 Substance Abuse Services shall adopt an order setting forth its decisions and
					 the reasons therefor.
Authority
					 G.S.
					 90-88(d);
Eff.
					 June 30, 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter F - CONTROLLED SUBSTANCES › Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES › Section 26F .0122 - HEARING PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
If the Commission for Mental Health, Developmental
					 Disabilities and Substance Abuse Services objects thereby precipitating a
					 hearing under
					 G.S.
					 90-88(d), the Commission for
					 Mental Health, Developmental Disabilities and Substance Abuse Services shall
					 follow generally the procedures set forth in Rules .0114 through .0120 of this
					 Subchapter.
Authority
					 G.S.
					 90-88(d);
Eff.
					 June 30, 1978;
Amended Eff. May 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0101 - EFFECT OF THIS SECTION

Current through Register Vol. 39, No. 2, July 15, 2024
The requirements of this Section shall apply to all area
					 programs and their subrecipient agencies receiving funds administered by the
					 Division and discussed in Section .0200 of this Subchapter.
Authority
					 G.S.
					 122C-147.1;
Eff. February 1,
					 1976;
Amended Eff. February 1, 1996; July 1, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0102 - DEVELOPMENT AND MAINTENANCE OF ANNUAL BUDGET

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The area
				  program shall develop and maintain their annual budget in accordance with G.S.
				  159.
(b) The area program shall
				  prepare and submit to the Division the annual service plan and Memorandum of
				  Agreement in accordance with
				  G.S.
				  122C-143.2.
Authority
					 G.S.
					 122C-112;
					 122C-143.2;
					 122C-144.1;
Eff.
					 February 1, 1976;
Amended Eff. February 1, 1996; July 1, 1980;
					 April 25, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0103 - REPORTS REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary may require reports in accordance with
					 G.S.
					 122C-144.1.
Authority
					 G.S.
					 122C-112;
					 122C-144.1;
Eff.
					 February 1, 1976;
Amended Eff. February 1, 1996; July 1, 1980;
					 April 25, 1979; November 1, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0104 - ANNUAL AUDIT REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
Each program receiving funds administered by the Division
					 shall submit an annual audit in accordance with requirements of
					 G.S.
					 159-34 and the Local Government
					 Commission.
Authority
					 G.S.
					 122C-112;
					 122C-144.1;
					 159-34;
Eff. February
					 1, 1976;
Amended Eff. February 1, 1996; April 1, 1990; October 1,
					 1983; July 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0105 - BUDGET REVISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Revisions to the budget shall be in accordance with
					 G.S.
					 159-15.
Authority
					 G.S.
					 159-15;
Eff. February 1,
					 1976;
Amended Eff. February 1, 1996; April 1, 1990; February 1,
					 1986; July 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0106 - CONTRACT REQUIREMENTS FOR AREA PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  shall apply to all contracts between an area program (hereafter referred to as
				  "contractor") and contract providers (hereafter referred to as "contractees").
				  For purposes of this Rule, contractees include:
(1) an individual with whom a contract is
				  made for professional services, including consultants and guest speakers;
				  and
(2) an agency, other than
				  another area program, with whom a contract is made for the provision of
				  services to one or more clients.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0107 - FUND ROUTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				  authorized by the General Assembly, all funds allocated by the Division for the
				  provision of community mental health, developmental disability and substance
				  abuse services shall be allocated to the area program.
(b) The Division may allocate and contract
				  directly for the provision of non-treatment activities including but not
				  limited to administration, training and prevention.
Authority
					 G.S.
					 122C-112;
					 122C-131;
					 122C-147.1;
Eff.
					 February 1, 1976;
Amended Eff. February 1, 1996; July 1, 1980;
					 April 25, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0108 - DENIAL, DELAY OR REDUCTION OF PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division may delay, reduce or deny payments to area
					 programs in accordance with
					 G.S.
					 122C-151.
Authority
					 G.S.
					 122C-151;
Eff. February 1,
					 1976;
Amended Eff. February 1, 1996; April 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0109 - RECOVERY OF DIVISION FUNDS IN NON COMPLIANCE SITUATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division shall review all
				  non-compliance situations occurring in area programs to determine if division
				  funds were involved in the non-compliance situations. Non-compliance situations
				  are those situations or actions that occur which are not in accordance with
				  division, department, state, and federal rules, regulations, or
				  statutes.
(b) The Division's
				  effective rate of participation, shall be determined in accordance with the
				  Memorandum of Agreement.
(c)
				  Division participation in non-compliance situations shall be recovered through
				  receipt of a check or by reducing the current year's payment of allocated
				  division funds otherwise due the area program. The area program shall reimburse
				  the Division within 60 days of being invoiced or notified of the required
				  payback, unless notification of appeal is rendered by the Area
				  Authority.
(d) If the Director of
				  the area program disagrees with the non-compliance decision, within 60 days of
				  receipt of the notification of non-compliance, the Director of the area program
				  may send to the Division Director a request for appeal pursuant to
				  G.S.
				  122C-145, and
				  10 NCAC
				  01K .0900 (DHR Administrative
				  Standards).
(e) Pending the final
				  agency decision on the appeal of the non-compliance decision, the Division
				  shall not withdraw or reduce the amount of funds due the area
				  program.
Authority
					 G.S.
					 122C-112;
					 122C-147;
Eff. July
					 1, 1980;
Amended Eff. February 1, 1996; April 1, 1990; July 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0110 - EXPENDITURE OF DIVISION FUNDS SETTLED ON AN EXPENDITURE BASIS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The area programs may budget division
				  funds within cost centers that also include, but are not limited to, local
				  funds, federal funds or other division funds. When area programs elect to
				  budget division funds within a cost center that is settled on an expenditure
				  basis with other funds, funds shall be considered to have been expended in the
				  following order:
(1) special grants from
				  non-divisional sources that are for reimburse­ment of the same
				  expenditures as those for which divisional categorical funds are appropriated
				  (examples are grants from the Department of Public Instruction or Division of
				  Youth Services - Community-Based Alternative Funds);
(2) federal funds from the Division;
				  and
(3) state funds from the
				  Division. Revenue from non-divisional sources shall be deducted from total cost
				  center expenditures for the purpose of determining the net cost upon which the
				  state share is based.
(4)
				  Client-earned income, such as payments received from patients or third parties
				  (insurance, Medicare, Medicaid), which is received but not expended shall be
				  retained by the area program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0111 - FUND BALANCE: COMPUTATION FOR AREA PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order
				  for the Division to have input into the actions regarding fund balances in area
				  programs, the following shall take place after the certified public
				  accountant's audit report is rendered and the tentative settlement report
				  prepared:
(1) The fund balance set forth
				  within the annual audit of area programs shall be verified by the
				  Division.
(2) Since single county
				  area programs are considered a department of the county for budgetary and
				  financial reporting, separate fund balances for the single county area programs
				  are not required. In order to assure that single county area programs are in
				  compliance with the
				  G.S.
				  122C-146 which states that fees received for
				  services shall not reduce or replace the budgeted commitment of local tax
				  revenue, the Division shall review the utilization of county general funds and
				  the disposition of fees received for service each year.
(3) To determine the unrestricted fund
				  balance for a multi-county area program or single county area program which
				  maintains a separate fund balance and the percent that it represents to the
				  operating budget, the Division shall use the following format:
Current Assets Per Audit Report $
Less: Current Liabilities Per Audit Report ( )
Fund Balance $
Less: Reserve for Encumbrances ( )
Reserve for Patients Accounts Receivable
Less: Allowance for Doubtful Accounts Patient
Accounts Receivable ( ) ( )
Reserve for Accounts Receivable from Governmental
Entities ( )
Reserve for Inventory ( )
Reserve for DWI Fees ( )
Reserve for Drug Education School Fees ( )
Reserve for Restricted Donations ( )
Fund Balance Restriction Previously Approved by
DMH/DD/SAS ( )
Willie "M" ( )
Thomas S. ( )
Other(List) ( )
Unrestricted Fund Balance $
Currently approved budget including expansion $
Percent Unrestricted Fund Balance to Current Annual Budget
					 percent
(4) If the
				  unrestricted fund balance is not in excess of 15 percent of the current annual
				  budget, no action is to take place.
(5) If the unrestricted fund balance is over
				  15 percent of the current annual budget, the Division shall recoup in an amount
				  equal to the fund balance in excess of 15 percent. The area program may request
				  permission from the Division Director to restrict fund balance in excess of the
				  15 percent limitation for specific purposes.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0112 - DISPOSITION OF EQUIPMENT - NON UNIT COST REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Equipment costing five thousand dollars ($5,000) or more purchased with
				  non-unit cost reimbursement (UCR) Division funds by an area program or contract
				  provider shall be used for Division funded client services. Except for Willie M
				  and Thomas S. funded purchases, equipment purchased with Division funds may be
				  transferred to other Division funded services if no longer needed by the
				  original service. Willie M and Thomas S. purchased equipment shall be used only
				  for Willie M or Thomas S. clients or disposed of in accordance with Rule .1136
				  or .1148 of this Subchapter.
(b)
				  Except as stated in Paragraph (c) of this Rule, should transfer of equipment to
				  Division funded services not be possible, the Division shall be contacted by
				  the area program or through the area program for a contract provider for
				  disposition instructions. The Division shall recover the Division's share of
				  the fair market value. The Division's share will be established by the
				  following methods in order of preference.
(1)
				  Through inventory records which establish the percent of funding for the
				  equipment.
(2) The Division's
				  percent of participation for the area program for the year of
				  purchase.
(3) The Division's
				  percent of participation for the area program for the current year.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0113 - START UP FUNDING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  may provide funding outside of unit cost reimbursement (UCR) for initial
				  purchases of equipment, supplies and operational expenditures for the
				  establishment of a program, service or facility.
(b) Requests for start up shall be made by
				  the area program, or through the area program in the case of a contract
				  provider, in whose catchment area the new program, service or facility is being
				  established. Requests shall be made in writing to the Division Director or
				  designee and shall include a line item budget and justification. Requests may
				  include expenses for normal operation such as staff, utilities and rent but
				  such request may not exceed 60 days without specific written authorization from
				  the Division Director or designee. Approvals shall be granted based on
				  availability of funds and merit of request.
Authority
					 G.S.
					 122C-147;
Eff. February 1,
					 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION › Section 27A .0114 - AREA AUTHORITY FINANCIAL FAILURE DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An area
				  authority shall be deemed to be in imminent danger of failing financially if
				  the Division determines at any time that one or more of the following
				  conditions are met:
(1) The projected annual
				  expenditures of the area authority exceed the sum of the projected annual
				  revenues and fund balance of the authority and the governing board of the
				  authority has not demonstrated an ability or willingness to take appropriate
				  action to correct the imbalance; or
(2) The area authority has not complied with
				  the reporting requirements of
				  G.S.
				  122C-124, as set forth in the annual
				  Memorandum of Agreement between the Division and the area authority.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0201 - METHOD OF PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Payment shall be based on earnings, monthly advancement or
					 other basis as authorized by the Division and stated in the Memorandum of
					 Agreement.
Authority
					 G.S.
					 143B-10;
Eff. February 1,
					 1976;
Amended Eff. February 1, 1996; April 1, 1990; June 7, 1978;
					 November 1, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0202 - REQUEST FOR FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
A monthly request for funds administered by the Division
					 and paid on a basis other than unit cost earnings shall be on a standard format
					 available from the fiscal services section of the Division. Request shall be
					 submitted to the Fiscal Office as directed by the Division
					 Director.
Authority
					 G.S.
					 143B-10;
Eff. February 1,
					 1976;
Amended Eff. February 1, 1996; November 1, 1977;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0203 - EXPIRED - EARLY INTERVENTION - STATE AND FEDERAL FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-112(a)(6);
					 122C-131;
					 122C-150; U.S.C. 1471 Part
					 HIDEA;
Eff. February 1, 1976;
Amended Eff. February 1,
					 1996; April 1, 1988; February 1, 1986; July 1, 1985;
Expired Eff.
					 July 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0205 - FUNDING ALCOHOL AND DRUG EDUCATION TRAFFIC SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to
				  G.S.
				  20-179.2 the Department of Health and Human
				  Services shall have the authority to approve programs, budgets and contracts
				  with public and private governmental and non-governmental bodies for alcohol
				  and drug education traffic schools operated by an area program or operated by a
				  contractor through a contract with an area program.
(b) Fees paid by persons enrolling in an
				  alcohol and drug education traffic school established pursuant to
				  G.S.
				  20-179.2 shall be used to support the schools
				  except as indicated in (e) of this Rule. Other funds to support the schools may
				  come from multiple sources such as, but not limited to, county general funds,
				  state appropriations, federal appropriations, and receipts for services
				  (patient fees). This Rule is established to set accounting requirements for the
				  fees received pursuant to
				  G.S.
				  20-179.2.
(c) Fees received pursuant to
				  G.S.
				  20-179.2 shall be limited to purchases of the
				  following:
(1) to rent or lease space to
				  conduct alcohol and drug education traffic school classes if sufficient space
				  is not available in area program facilities;
(2) personnel and support costs necessary to
				  assure a systematic and timely processing of referrals to alcohol and drug
				  education traffic schools;
(3)
				  supplies and materials necessary for the efficient and timely operation,
				  evaluation and administra­tion of alcohol and drug education traffic
				  schools and for developing and maintaining an efficient liaison process with
				  the judicial system, interested community groups, the Division of Motor
				  Vehicles and the Department of Health and Human Services;
(4) non-administrative equipment necessary
				  for the operation of alcohol and drug education traffic schools;
(5) administrative equipment for alcohol and
				  drug education traffic school personnel employed full-time and a pro-rated
				  amount for personnel assigned less than one hundred percent of the time to
				  traffic schools;
(6) renovations
				  that do not result in the acquisition of real property by the area
				  program;
(7) travel;
(8) area program administrative costs that
				  can be documented as chargeable to the schools; and
(9) other necessary operating expenses as
				  approved by the Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0206 - EXPIRED - FUNDS FOR MULTIDISCIPLINARY EVALUATIONS: GUARDIANSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-147.1;
					 143B-10;
Eff. July
					 1, 1981;
Amended Eff. February 1, 1996; April 1, 1990;
Expired Eff. July 1, 2016 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0207 - FUNDS FOR FORENSIC SCREENING: CAPACITY TO PROCEED TO TRIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  To the extent state funds are available, the division shall provide
				  reimbursement for court-ordered screening and evaluation of persons to
				  determine their capacity to proceed to trial.
(b) The screening or evaluation shall be
				  performed by a qualified mental health professional or a qualified substance
				  abuse professional who is registered with the Division as a forensic evaluator
				  or a person deemed a medical expert by the court.
(c) Only area programs are eligible for
				  reimbursement.
(d) To obtain
				  reimbursement the area program shall submit to the Division Fiscal Office the
				  following:
(1) two copies of an itemized
				  invoice which reflects the following:
(A)
				  name of respondent screened or evaluated;
(B) name of certified forensic evaluator for
				  each respondent;
(C) amount of time
				  in hours or portion thereof required for each screening examination or
				  evaluation;
(D) rate per hour for
				  each examination or evaluation; and
(E) dollar amount for each examination or
				  evaluation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0208 - FUNDING DRUG EDUCATION SCHOOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  90-96.01 the Department of Health and Human
				  Services shall have the authority to approve programs, budgets and contracts
				  with public and private governmental and nongovernmental bodies for drug
				  education schools operated by an area program or operated by a contractor
				  through a contract with an area program.
(b) Fees paid by persons enrolling in a drug
				  education school established pursuant to
				  G.S.
				  90-96.01 shall be used to support the schools
				  except as indicated in Paragraph (e) of this Rule. Other funds to support the
				  schools may come from multiple sources such as, but not limited to, county
				  general funds, state appropriations, federal appropriations, and receipts for
				  services (patient fees). This Rule is established to set accounting
				  requirements for the fees received pursuant to
				  G.S.
				  90-96.01.
(c) Fees received pursuant to
				  G.S.
				  90-96.01 shall be limited to purchases of the
				  following:
(1) to rent or lease space to
				  conduct drug education school classes if sufficient space is not available in
				  area program facilities;
(2)
				  personnel and support costs necessary to assure a systematic and timely
				  processing of referrals to drug education schools;
(3) supplies and materials necessary for the
				  efficient and timely operation, evaluation and administra­tion of drug
				  education schools and for developing and maintaining an efficient liaison
				  process with the judicial system, interested community groups, and the
				  Department of Human Resources;
(4)
				  non-administrative equipment necessary for the operation of drug education
				  schools;
(5) administrative
				  equipment for drug education school personnel employed full-time and a
				  pro-rated amount for personnel assigned less than 100 percent of the time to
				  drug education schools;
(6)
				  renovations that do not result in the acquisition of real property by the area
				  program;
(7) travel required for
				  the effective operation of the drug education schools;
(8) area program administrative costs that
				  can be documented as chargeable to the schools; and
(9) other necessary operating expenses as
				  approved by the Division.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter A - FISCAL RULES › Section .0200 - STATE AND FEDERAL FUNDS ADMINISTERED › Section 27A .0209 - COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division shall administer a grant program for the federal Community Mental
				  Health Services Block Grant which is made available to the Division under the
				  authority of Public Law
				  102-321.
(b) The appropriate portion of funds which
				  are made available to the Division for Community mental health services shall
				  be made available to eligible programs. The purpose of these funds is to
				  provide comprehensive community mental health services to adults with a serious
				  mental illness and to children with a serious emotional disturbance who meet
				  the unit cost reimbursement (UCR) criteria for Level 1 or Level 2.
(c) The mental health services shall be
				  provided within the limits of the capacity of the area program, to any
				  individual residing or employed in the service area of the center, regardless
				  of ability to pay for such services, in a manner which preserves human dignity
				  and assures continuity and high quality care.
(d) Funds shall not be expended for any of
				  the following uses:
(1) to provide inpatient
				  services,
(2) to make cash payments
				  to clients,
(3) to purchase or
				  improve land; purchase, construct or permanently improve any building or other
				  facility; or purchase major medical equipment,
(4) to satisfy any requirement for the
				  expenditure of non-Federal funds as a condition for the receipt of Federal
				  funds,
(5) to provide assistance to
				  any entity other than a public or nonprofit private entity ,or
(6) to support any individual salary in
				  excess of one hundred twenty five thousand dollars ($125,000).