reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0600 - AREA AUTHORITY OR COUNTY PROGRAM MONITORING OF FACILITIES AND SERVICES › Section 27G .0608 - LOCAL MONITORING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Local
				  Management Entity shall develop and implement written policies governing local
				  monitoring of Category A and B providers. The written policies shall address:
(1) the frequency and extent of local
				  monitoring based on the following:
(A) number
				  and severity of level II or level III incidents reported by the
				  provider;
(B) the provider's
				  response to the incidents;
(C) the
				  provider's compliance with the reporting requirements as set forth in Rule
				  .0604 of this Section;
(D) the
				  number and types of complaints received concerning a provider;
(E) the provider's response to the
				  complaints;
(F) the conclusions
				  reached from investigation of the complaints;
(G) the results of reviews conducted by the
				  Division of Health Service Regulation, the Division of Mental Health,
				  Developmental Disabilities and Substance Abuse Services or the Division of
				  Social Services;
(H) compliance
				  with the requirements of the provision of public services;
(I) the provider's quality improvement
				  activities as required pursuant to
				  10A NCAC
				  27G .0201(7), and trends in
				  improvement;
(J) compliance with
				  the contract or Memorandum of Agreement with the Local Management
				  Entity;
(K) the addition of a new
				  service; and
(L) accreditation by
				  an accreditation agency approved by the Secretary such as the Council on
				  Accreditation (COA), the Council on Quality and Leadership (CQL), the Council
				  on Accreditation of Rehabilitation Facilities (CARF), or The Joint
				  Commission;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0600 - AREA AUTHORITY OR COUNTY PROGRAM MONITORING OF FACILITIES AND SERVICES › Section 27G .0609 - LOCAL MANAGEMENT ENTITY REPORTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As part
				  of its quality improvement process as set forth in Rule .0201(a)(7) of this
				  Subchapter, the LME shall review, not less than quarterly, patterns and trends
				  in:
(1) level I, level II and level III
				  incidents;
(2) complaints
				  concerning the provision of public services; and
(3) local monitoring results gathered
				  pursuant to requirements established in
				  10A NCAC
				  27G .0608.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0600 - AREA AUTHORITY OR COUNTY PROGRAM MONITORING OF FACILITIES AND SERVICES › Section 27G .0610 - REQUIREMENTS CONCERNING THE NEED FOR PROTECTIVE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  If the circumstances identified surrounding an incident, complaint or local
				  monitoring give reasonable cause to believe that a disabled adult receiving
				  services from a Category A or Category B provider may be abused, neglected or
				  exploited and in need of protective services, the Local Management Entity shall
				  ensure the procedures outlined in G.S. 108A, Article 6, are
				  initiated.
(b) If the circumstances
				  surrounding an incident, complaint or local monitoring reveal that a child or
				  adolescent may be abused, neglected or exploited and in need of protective
				  services, the Local Management Entity shall ensure the procedures outlined in
				  G.S. 7B, Article 3, are initiated.
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
Eff.
					 July 1, 2004;
Amended Eff. August 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0700 - ACCREDITATION OF AREA PROGRAMS AND SERVICES › Section 27G .0701-.0707

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-112;
					 122C-141(b);
					 122C-142(a);
					 122C-191(d);
Eff. May 1, 1996;
Repealed Eff. May 1,
					 2009.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0801 - SUBMISSION OF REQUESTS FOR WAIVERS OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Requests for waivers of these Rules insofar as they affect
					 the issuance, renewal, revocation or suspension of licenses shall be submitted
					 to the Director of DHSR in accordance with Rule .0813 of this Section. Requests
					 for other waivers shall be sent to the Division Director, Division of Mental
					 Health, Developmental Disabilities and Substance Abuse Services, 3001 Mail
					 Service Center, Raleigh, North Carolina 27699-3001.
Authority
					 G.S.
					 122C-112(a)(8);
					 143B-147(a)(8);
Eff. May 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20, 2019;
Amended Eff.
					 September 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0802 - CONTENTS OF WAIVER REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in Rules .0806 and .0813 of this
					 Section, waiver requests shall be in writing and shall contain:
(1) the name, address and telephone number of
				  the person making the request;
(2)
				  the name, address and telephone number of the facility, program, agency or
				  other entity for which the waiver is requested;
(3) the rule number and title of any rule for
				  which the waiver is requested;
(4)
				  a statement of facts including:
(a) the reason
				  for the request;
(b) the nature and
				  extent of the request; and
(c)
				  confirmation that the health, safety or welfare of clients will not be
				  threatened;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0803 - PROCEDURE FOR WAIVERS BY COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
If any rule for which waiver is requested was adopted
					 pursuant to the rule-making authority of the Commission, the procedures set
					 forth in this Rule shall be followed:
(1) The person requesting the waiver shall be
				  notified regarding the time and place of the meeting at which the Commission
				  will vote upon the waiver request. At the discretion of the Chairman of the
				  Commission, the person requesting the waiver and any other interested person
				  may be given the opportunity to speak regarding the waiver request.
(2) Decisions regarding waiver requests shall
				  be based upon, but not limited to, the following:
(a) the nature, extent, and rationale of the
				  request; and
(b) safeguards to
				  ensure that the health, safety or welfare of clients will not be
				  threatened.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0804 - WAIVERS REQUESTED BY COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  member of the Commission may initiate a request for waiver of any rule adopted
				  pursuant to the rule-making authority of the Commission, or the rule-making
				  authority delegated to the Division Director by the Secretary as described in
				  this Section.
(b) In requesting a
				  waiver on behalf of one or more agencies or services, the Commission member is
				  subject to Rule .0806 of this Section.
Authority
					 G.S.
					 143B-147(a)(8);
Eff. May 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0805 - PROCEDURE FOR WAIVERS BY DIVISION DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
If the rule for which a waiver is requested was adopted
					 pursuant to the rule-making authority delegated by the Secretary, the
					 procedures set forth in this Rule shall be followed:
(1) Decisions regarding waiver requests shall
				  be based upon, but not limited to, the criteria in Item (2) of Rule .0803 of
				  this Section.
(2) A decision
				  regarding the waiver request shall be issued in writing by the Division
				  Director within 60 days from the date of receipt of the waiver request and
				  shall state:
(a) the factual situation giving
				  rise to the waiver request;
(b) the
				  reasons why the request was granted, granted subject to certain conditions, or
				  denied; and
(c) if granted, the
				  time frame for which the waiver is granted.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0806 - WAIVERS REQUESTED BY DIVISION DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division Director may initiate a request for waiver of rules adopted pursuant
				  to the rule-making authority of the Commission as described in this
				  Section.
(b) Except when requesting
				  a waiver on behalf of one or more agencies or services, the Division Director
				  shall be exempt from the provisions of Items (2) and (6) of Rule .0802 of this
				  Section. Instead, the Division Director shall list the types of agencies or
				  services for which the waiver is requested.
Authority
					 G.S.
					 122C-112(a)(8);
Eff. May 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0807 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0808 - APPEALS PROCEDURES FOR CONTRACT PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to
				  G.S.
				  122C-151.3, an area authority shall establish
				  written procedures for the resolution of disputes regarding decisions of an
				  area authority with a contractor, former contractor, client or person asserting
				  the claims described in
				  G.S.
				  122C-151.4.
(b) Decisions may be appealed to the Area
				  Authority Appeals Panel as set forth in this Section.
Authority
					 G.S.
					 122C-112;
					 122C-151.3;
					 122C-151.4;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0809 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0811 - STATE MH/DD/SA APPEALS PANEL HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  informal hearing shall be held by the Panel no more than 30 business days after
				  a written request for an informal hearing is received by the
				  Chairman.
(b) The informal hearing
				  shall be held at a time and place designated by the Chairman.
(c) The appellant and the LME shall be
				  notified of the time and place of the informal hearing no less than 15 business
				  days prior to the date of the informal hearing.
(d) The Chairman of the Panel:
(1) shall convene the hearing at the
				  prearranged time and place;
(2) may
				  afford the opportunity for rebuttal and summary comments to either of the
				  presenting parties;
(3) may limit
				  the total number of persons presenting for the appellant and the LME;
				  and
(4) may impose time limits for
				  presentations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0812 - STATE MH/DD/SA APPEALS PANEL HEARING DECISIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Panel shall deliberate in open session on each specific item being appealed;
				  however, the panel may deliberate in closed session to prevent the disclosure
				  of confidential information, pursuant to
				  G.S.
				  143-318.11(a)(1).
(b) The Panel shall vote on each specific
				  item being appealed.
(c) Findings
				  and decisions of the Panel shall be by majority vote.
(d) Each decision shall be conveyed in
				  writing to the appellant and the LME within 10 business days of the date of the
				  decision.
(e) Any decision may be
				  delayed until a subsequent meeting if the Panel determines that it lacks
				  sufficient information to render a decision at the initial informal
				  hearing.
(f) In all cases the
				  hearing decision shall be rendered within 30 business days of the date of the
				  informal hearing.
(g) Appeals of
				  the Panel's hearing decision shall be filed pursuant to
				  G.S.
				  122C-151.4(f).
Authority
					 G.S.
					 122C-151.4;
Eff. May 1,
					 1996;
Amended Eff. December 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0800 - WAIVERS AND APPEALS › Section 27G .0813 - WAIVER OF LICENSURE RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary may waive any of these Rules related to licensure requirements. The
				  decision to grant or deny the waiver request shall be based on the following:
(1) the nature and extent of the
				  request;
(2) the existence of
				  safeguards to ensure that the health, safety, or welfare of the clients
				  residing in the facility will not be threatened;
(3) the determination that the waiver will
				  not affect the health, safety, or welfare of clients residing in the
				  facility;
(4) the existence of good
				  cause; and
(5) documentation of
				  Local Management Entity (LME) or Local Management Entity - Managed Care
				  Organization (LME-MCO) governing body approval when requests are from an LME or
				  LME-MCO or contract agencies of an LME or LME-MCO or documentation of governing
				  body approval of the facility when requests are from private facilities not
				  contracting with an LME or LME-MCO.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0900 - GENERAL RULES FOR INFANTS AND TODDLERS › Section 27G .0901 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section shall apply to any facility which
					 serves infants and toddlers with or at risk for developmental disabilities,
					 delays or atypical development.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Recodified from
					 10 NCAC
					 14V .0801 Eff. January 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0900 - GENERAL RULES FOR INFANTS AND TODDLERS › Section 27G .0902 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions contained in
					 G.S.
					 122C-3 and Rule .0103 of this Subchapter, the
					 following definitions shall also apply:
(1) "Atypical development" means those from
				  birth to 60 months of age who:
(a) have
				  autism;
(b) are diagnosed
				  hyperactive;
(c) have an attention
				  deficit disorder, severe attachment disorder, or other behavioral disorders;
				  or
(d) exhibit evidence of, or are
				  at risk for, atypical patterns of behavior and social-emotional development in
				  one or more of the following areas:
(i) delays
				  or abnormalities in achieving emotional milestones;
(ii) difficulties with:
(A) attachment and interactions with parents,
				  other adults, peers, materials and objects;
(B) ability to communicate emotional
				  needs;
(C) motor or sensory
				  development;
(D) ability to
				  tolerate frustration and control behavior; or
(E) ability to inhibit aggression;
(iii) fearfulness, withdrawal, or
				  other distress that does not respond to the comforting of caregivers;
(iv) indiscriminate sociability; for example,
				  excessive familiarity with relative strangers;
(v) self-injurious or other aggressive
				  behavior;
(vi) substantiated
				  evidence that raises concern for the child's emotional well-being regarding:
(A) physical abuse;
(B) sexual abuse; or
(C) other environmental circumstances
				  indicating an abused or neglected juvenile as defined in
				  G.S.
				  7A-517(1) and
				  (21).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0900 - GENERAL RULES FOR INFANTS AND TODDLERS › Section 27G .0904 - SURROGATE PARENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Circumstances
				  Requiring Surrogate Parents. The area program shall assure the availability of
				  a surrogate parent for infants and toddlers eligible for early intervention
				  services when:
(1) a biological parent or
				  guardian cannot be identified;
(2)
				  efforts to locate the parent are unsuccessful; or
(3) the child is involved in a voluntary
				  placement agreement or is placed in protective custody through the local
				  Department of Social Services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .0900 - GENERAL RULES FOR INFANTS AND TODDLERS › Section 27G .0905 - PROCEDURAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General Area
				  Program Requirements. Area programs and contract agencies shall comply with
				  Section 303.402 of Subpart E of Part 303 of Title 34 of the Code of Federal
				  Regulations, incorporated by reference, relating to:
(1) the right of the parents of an eligible
				  child to examine records;
(2) the
				  requirement of prior notice to parents of an eligible child in the parents'
				  native language;
(3) the
				  requirement of parental consent [The period of reasonable time referenced in
				  303.403(a) shall be construed to be no less than two weeks.];
(4) early intervention services [infants and
				  toddlers referred for services shall be assessed in accordance with the
				  provisions of
				  10A NCAC
				  26C .0303 of this Section, admitted in
				  accordance with the provisions of Subparagraphs (a)(3) and (a)(4) of Rule .0201
				  of this Subchapter, and receive services in accordance with the provisions of
				  10A NCAC
				  26C .0303]; and
(5) surrogate parents.
As used in this Section, the following terms shall have the
					 meanings specified in Section 303.401 of Subpart E of Part 303 of Title 34 of
					 the Code of Federal Regulations: "Consent", "Native Language", "Personally
					 identifiable".
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1000 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1100 - PARTIAL HOSPITALIZATION FOR INDIVIDUALS WHO ARE ACUTELY › Section 27G .1101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
A partial hospitalization facility is a day/night facility
					 which provides a broad range of intensive and therapeutic approaches which may
					 include group, individual, occupational, activity and recreational therapies,
					 training in community living and specific coping skills, and medical services
					 as needed primarily for acutely mentally ill individuals. This facility
					 provides services to:
(1) prevent
				  hospitalization; or
(2) to serve as
				  an interim step for those leaving an inpatient hospital.
This facility provides a medical component in a less
					 restrictive setting than a hospital or a residential treatment or
					 rehabilitation facility.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1100 - PARTIAL HOSPITALIZATION FOR INDIVIDUALS WHO ARE ACUTELY › Section 27G .1102 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Staff shall include at least one
				  qualified mental health professional.
(b) Each facility serving minors shall have:
(1) a program director who has a minimum of
				  two years experience in child or adolescent services and who has educational
				  preparation in administration, education, social work, nursing, psychology or a
				  related field; and
(2) one staff
				  member present if only one client is in the program, and two staff members
				  present when two or more clients are in the program.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1100 - PARTIAL HOSPITALIZATION FOR INDIVIDUALS WHO ARE ACUTELY › Section 27G .1103 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A physician
				  shall participate in diagnosis, treatment planning, and admission and discharge
				  decisions. This physician shall be a psychiatrist unless a psychiatrist is
				  unavailable or for other good cause cannot be obtained.
(b) Each facility shall operate for a minimum
				  of four hours per day (exclusive of transportation time), five days per week,
				  excluding legal or governing body designated holidays.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1200 - PSYCHOSOCIAL REHABILITATION FACILITIES FOR INDIVIDUALS WITH SEVERE AND PERSISTENT MENTAL ILLNESS › Section 27G .1201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
A psychosocial rehabilitation facility is a day/night
					 facility which provides skill development activities, educational services, and
					 pre-vocational training and transitional and supported employment services to
					 individuals with severe and persistent mental illness. Services are designed
					 primarily to serve individuals who have impaired role functioning that
					 adversely affects at least two of the following: employment, management of
					 financial affairs, ability to procure needed public support services,
					 appropriateness of social behavior, or activities of daily living. Assistance
					 is also provided to clients in organizing and developing their strengths and in
					 establishing peer groups and community relationships.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1200 - PSYCHOSOCIAL REHABILITATION FACILITIES FOR INDIVIDUALS WITH SEVERE AND PERSISTENT MENTAL ILLNESS › Section 27G .1202 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each facility shall have a designated
				  program director.
(b) A minimum of
				  one staff member on-site to each eight or fewer clients in average daily
				  attendance shall be maintained.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1200 - PSYCHOSOCIAL REHABILITATION FACILITIES FOR INDIVIDUALS WITH SEVERE AND PERSISTENT MENTAL ILLNESS › Section 27G .1203 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Skills
				  development, educational and prevocational services. Each facility shall
				  provide:
(1) skills development activities
				  which include:
(A) community living, such as
				  housekeeping, shopping, cooking, use of transportation facilities, money
				  management;
(B) personal care such
				  as health care, medication management, grooming;
(C) social relationships;
(D) use of leisure time;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1300 - RESIDENTIAL TREATMENT FOR CHILDREN OR ADOLESCENTS › Section 27G .1301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules of this Section apply only to a
				  residential treatment facility that provides residential treatment, level II,
				  program type service.
(b) A
				  residential treatment facility providing residential treatment, level III
				  service, shall be licensed as set forth in
				  10A NCAC
				  27G .1700.
(c) A residential treatment facility for
				  children and adolescents is a free-standing residential facility which provides
				  a structured living environment within a system of care approach for children
				  or adolescents who have a primary diagnosis of mental illness or emotional
				  disturbance and who may also have other disabilities.
(d) Services shall be designed to address the
				  functioning level of the child or adolescent and include training in
				  self-control, communication skills, social skills, and recreational skills.
				  Children or adolescents may receive services in a day treatment facility, have
				  a job placement, or attend school.
(e) Services shall be designed to support the
				  child or adolescent in gaining the skills necessary to return to the natural,
				  or therapeutic home setting.
(f)
				  The residential treatment facility shall coordinate with other individuals and
				  agencies within the client's system of care.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Amended Eff. March 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1300 - RESIDENTIAL TREATMENT FOR CHILDREN OR ADOLESCENTS › Section 27G .1302 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each facility shall have a director who
				  has a minimum of two years experience in child or adolescent services and who
				  has educational preparation in administration, education, social work, nursing,
				  psychology or a related field.
(b)
				  At all times, at least one direct care staff member shall be present with every
				  four children or adolescents. If children or adolescents are cared for in
				  separate buildings, the ratios shall apply to each building.
(c) When two or more clients are in the
				  facility, an emergency on-call staff shall be readily available by telephone or
				  page and able to reach the facility within 30 minutes.
(d) Psychiatric consultation shall be
				  available as needed for each client.
(e) Clinical consultation shall be provided
				  by a qualified mental health professional to each facility at least twice a
				  month.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1300 - RESIDENTIAL TREATMENT FOR CHILDREN OR ADOLESCENTS › Section 27G .1303 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Capacity. Each
				  facility shall serve no more than a total of 12 children and adolescents,
				  except as set forth in this Rule.
(1) Any
				  facility licensed as a Residential Treatment Facility in this category on
				  January 4, 1994 and providing services to more than a total of 12 children and
				  adolescents may continue to provide services at no more than the facility's
				  licensed capacity, providing that the capacity does not exceed 24.
(2) Any Child Caring Institution which was
				  licensed by the Division of Social Services on January 4, 1994 may seek
				  licensure as a Residential Treatment Facility as follows:
(A) the capacity of each residential unit in
				  the Residential Treatment Facility shall be limited to 12 children and
				  adolescents;
(B) each residential
				  unit will be administered, staffed, and located to function separately from all
				  other residential units in the facility; and
(C) the overall capacity shall be limited to
				  the current capacity of the institution at the time of licensure as a
				  Residential Treatment Facility.
(3) The two former Child Caring Institutions
				  that were licensed as Residential Treatment Facilities in this category on
				  April 1, 1990 shall be:
(A) exempt from the
				  capacity limit of 24;
(B) exempt
				  from the provisions in Parts (2)(A) and (B) of this Rule; and
(C) limited to the licensed capacity existing
				  on July 1, 1993.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1300 - RESIDENTIAL TREATMENT FOR CHILDREN OR ADOLESCENTS › Section 27G .1304 - PHYSICAL PLANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The facility
				  shall not be hospital-based.
(b)
				  Subject to building and fire codes, the facility may be locked to prevent
				  unauthorized entry.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1400 - DAY TREATMENT FOR CHILDREN AND ADOLESCENTS WITH EMOTIONAL OR BEHAVIORAL DISTURBANCES › Section 27G .1401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Day treatment is a day/night facility for
				  children and adolescents who are emotionally disturbed which coordinates
				  educational activities and intensive treatment while allowing the individual to
				  live at home or in the community.
(b) This service is designed to increase the
				  ability of a child or adolescent to relate to others and function appropriately
				  within the community while serving as an intervention to prevent
				  hospitalization or placement outside the home or community.
(c) It shall provide a therapeutic
				  environment as well as other activities which may include individual therapy,
				  group therapy, recreational therapy, language communication skills development,
				  social skills development, pre-vocational service, vocational training, service
				  to parents, and individual advocacy.
(d) The client's educational activities may
				  be provided in this facility or in another educational setting, such as regular
				  classes or special education programs within a typical school
				  setting.
(e) Treatment, services,
				  and discharge plans provided by day treatment programs shall be coordinated
				  with other individuals and agencies within each client's local system of
				  care.
(f) Day treatment facilities
				  may include before/after school and summer facilities, and early
				  intervention.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1400 - DAY TREATMENT FOR CHILDREN AND ADOLESCENTS WITH EMOTIONAL OR BEHAVIORAL DISTURBANCES › Section 27G .1402 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each facility shall have a program
				  director who has a minimum of two years experience in child or adolescent
				  services and who has educational preparation in administration, education,
				  social work, nursing, psychology or a related field.
(b) A minimum of two staff members shall be
				  present with clients at all times except on occasions when only one client is
				  in the program, in which case only one staff member is required to be
				  present.
(c) A minimum ratio of one
				  staff member to every eight clients shall be maintained at all times.
(d) Psychiatric consultation shall be
				  available for each client.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1400 - DAY TREATMENT FOR CHILDREN AND ADOLESCENTS WITH EMOTIONAL OR BEHAVIORAL DISTURBANCES › Section 27G .1403 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
If an adolescent has his 18th birthday while receiving
					 treatment in a day treatment facility, he may continue in the facility for six
					 months or until the end of the state fiscal year, whichever is
					 longer.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1500 - INTENSIVE RESIDENTIAL TREATMENT FOR CHILDREN AND ADOLESCENTS WHO ARE EMOTIONALLY DISTURBED OR WHO HAVE A MENTAL ILLNESS › Section 27G .1501-.1504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-147;
Eff. May 1,
					 1996;
Repealed Eff. May 1, 2007.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1600 - RESERVED FOR FUTURE CODIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1700 - RESIDENTIAL TREATMENT STAFF SECURE FOR CHILDREN OR ADOLESCENTS › Section 27G .1701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A residential treatment staff secure
				  facility for children or adolescents is one that is a free-standing residential
				  facility that provides intensive, active therapeutic treatment and
				  interventions within a system of care approach. It shall not be the primary
				  residence of an individual who is not a client of the facility.
(b) Staff secure means staff are required to
				  be awake during client sleep hours and supervision shall be continuous as set
				  forth in Rule .1704 of this Section.
(c) The population served shall be children
				  or adolescents who have a primary diagnosis of mental illness, emotional
				  disturbance or substance-related disorders; and may also have co-occurring
				  disorders including developmental disabilities. These children or adolescents
				  shall not meet criteria for inpatient psychiatric services.
(d) The children or adolescents served shall
				  require the following:
(1) removal from home
				  to a community-based residential setting in order to facilitate treatment;
				  and
(2) treatment in a staff secure
				  setting.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1700 - RESIDENTIAL TREATMENT STAFF SECURE FOR CHILDREN OR ADOLESCENTS › Section 27G .1702 - REQUIREMENTS OF QUALIFIED PROFESSIONALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each facility shall utilize at least one direct care staff who meets the
				  requirements of a qualified professional as set forth in
				  10A NCAC
				  27G .0104(18). In addition,
				  this qualified professional shall have two years of direct client care
				  experience.
(b) For each facility
				  of five or less beds:
(1) the qualified
				  professional specified in Paragraph (a) of this Rule shall perform clinical and
				  administrative responsibilities a minimum of 10 hours each week; and
(2) 70% of the time shall occur when children
				  or adolescents are awake and present in the facility.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1700 - RESIDENTIAL TREATMENT STAFF SECURE FOR CHILDREN OR ADOLESCENTS › Section 27G .1703 - REQUIREMENTS FOR ASSOCIATE PROFESSIONALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  addition to the qualified professional specified in Rule .1702 of this Section,
				  each facility shall have at least one full-time direct care staff who meets or
				  exceeds the requirements of an associate professional as set forth in
				  10A NCAC
				  27G .0104(1).
(b) The governing body responsible for each
				  facility shall develop and implement written policies that specify the
				  responsibilities of its associate professional(s). At a minimum these policies
				  shall address the following:
(1) management
				  of the day to day day-to-day operations of the facility;
(2) supervision of paraprofessionals
				  regarding responsibilities related to the implementation of each child or
				  adolescent's treatment plan; and
(3) participation in service planning
				  meetings.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1700 - RESIDENTIAL TREATMENT STAFF SECURE FOR CHILDREN OR ADOLESCENTS › Section 27G .1704 - MINIMUM STAFFING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  qualified professional shall be available by telephone or page. A direct care
				  staff shall be able to reach the facility within 30 minutes at all
				  times.
(b) The minimum number of
				  direct care staff required when children or adolescents are present and awake
				  is as follows:
(1) two direct care staff
				  shall be present for one, two, three or four children or adolescents;
(2) three direct care staff shall be present
				  for five, six, seven or eight children or adolescents; and
(3) four direct care staff shall be present
				  for nine, ten, eleven or twelve children or adolescents.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .1700 - RESIDENTIAL TREATMENT STAFF SECURE FOR CHILDREN OR ADOLESCENTS › Section 27G .1705 - REQUIREMENTS OF LICENSED PROFESSIONALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Face to face clinical consultation shall be provided in each facility at least
				  four hours a week by a licensed professional. For purposes of this Rule,
				  licensed professional means an individual who holds a license or provisional
				  license issued by the governing board regulating a human service profession in
				  the State of North Carolina. For substance-related disorders this shall include
				  a licensed Clinical Addiction Specialist or a certified Clinical
				  Supervisor.
(b) The consultation
				  specified in Paragraph (a) of this Rule shall include:
(1) clinical supervision of the qualified
				  professional specified in Rule .1702 of this Section;
(2) individual, group or family therapy
				  services; or
(3) involvement in
				  child or adolescent specific treatment plans or overall program
				  issues.