North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter O - HEALTHCARE PERSONNEL REGISTRY › Section .0100 - HEALTH CARE PERSONNEL REGISTRY › Section 13O .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply throughout this
					 Subchapter:
(1) "Abuse" is defined by
				  42 CFR Part 488 Subpart E which is incorporated by reference, including
				  subsequent amendments. Copies of the Code of Federal Regulations may be
				  purchased from the Superintendent of Documents, U.S. Government Printing
				  Office, Washington D.C. 20402.
(2)
				  "Diversion of drugs" means the unauthorized taking or use of any
				  drug.
(3) "Drug" means any chemical
				  compound that may be used on or administered to humans or animals as an aid in
				  the diagnosis, treatment or prevention of disease or other condition or for the
				  relief of pain or suffering or to control or improve any physiological
				  pathologic condition.
(4) "Finding"
				  (when used in conjunction with the Health Care Personnel Registry) means a
				  determination by the Department that an allegation of resident abuse or
				  neglect, misappropriation of resident or health care facility property,
				  diversion of drugs belonging to a resident or health care facility, and fraud
				  against a resident or health care facility has been substantiated.
(5) "Fraud" means an intentional deception or
				  misrepresentation made by a person with the knowledge that the deception could
				  result in some unauthorized benefit to himself or some other person. It
				  includes any act that constitutes fraud under applicable Federal or State
				  Law.
(6) "Health Care Facility"
				  means all the facilities and agencies as defined in
				  G.S.
				  131E-256(b).
(7) "Health Care Personnel" means all the
				  persons as defined in
				  G.S.
				  131E-256(c).
(8) "Misappropriation of resident property"
				  is defined by 42 CFR Part 488 Subpart E which is incorporated by reference,
				  including subsequent amendments. Copies of the Code of Federal Regulations may
				  be purchased from the Superintendent of Documents, U.S. Government Printing
				  Office, Washington D.C. 20402.
(9)
				  "Misappropriation of the property of a health care facility" means the
				  deliberate misplacement, exploitation, or wrongful, temporary or permanent use
				  of a health care facility's property without the facility's consent.
(10) "Neglect" is defined by 42 CFR Part 488
				  Subpart E which is incorporated by reference, including subsequent amendments.
				  Copies of the Code of Federal Regulations may be purchased from the
				  Superintendent of Documents, U.S. Government Printing Office, Washington D.C.
				  20402.
(11) "Resident" means all
				  the individuals residing in or being served by a health care facility as
				  defined in
				  G.S.
				  131E-256(b).
Authority
					 G.S.
					 131E-256;
					 42 U.S.C.
					 1395;
					 42 U.S.C. 1396;
Temporary Adoption Eff. December 20, 1996;
Eff. August 1,
					 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.