reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0207 - DUTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The duties of the Human Rights Committees
				  are as follows:
(1) review of compliance with
				  laws in G.S. 122C, Article 3, dealing with the rights of clients, and reviewing
				  the state facility's compliance with the human rights rules in this Subchapter
				  and Subchapter 28B through 28D of this Chapter;
(2) reviewing and assessing the efficiency of
				  existing and proposed methods and procedures for protecting the rights of
				  clients of their respective state facilities;
(3) serving as an independent review body to
				  hear and make recommendations concerning alleged violations of the rights of
				  individuals and groups brought by clients, client advocates, parents,
				  guardians, state facility employees, or others, in compliance with Rule .0209
				  of this Section for any necessary review of the client record;
(4) reviewing programs and services that deal
				  with the legal and human rights of clients;
(5) reviewing cases of alleged abuse, neglect
				  or exploitation or failure to provide services of whatever nature brought by
				  clients, client advocates, parents, guardians, state facility employees, or
				  others, in compliance with Rule .0209 of this Section for any necessary review
				  of the client record;
(6) reviewing
				  cases brought by clients, client advocates, parents, guardians, state facility
				  employees, or others regarding the use of seclusion, physical or mechanical
				  restraint, intrusive or aversive procedures, electroconvulsive therapy,
				  medication prescribed above recommended dosages as specified in
				  10A NCAC
				  28I .0300 or any procedures carried out
				  against the will of the client. The Committee may determine the extent of the
				  review, including but not limited to statistical review and individual case
				  review involving a review in compliance with Rule .0209 of this Section of the
				  client record;
(7) reviewing
				  complaints, grievances or other client rights issues of concern brought by
				  clients, client advocates, parents, guardians, state facility employees, or
				  others in compliance with Rule .0209 of this Section for any necessary review
				  of the client record; and
(8)
				  reviewing any issues of concern brought by the State Facility Director,
				  Division Director, a Deputy Director, or the Secretary.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0208 - PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be
				  a written agreement governing the relationship and responsibilities of the
				  State Facility Director, Human Rights Committee and client advocate. Such
				  agreement may be superseded by any written agreements between the Division and
				  the Governor's Advocacy Council for Persons with Disabilities.
(b) If the majority of the Human Rights
				  Committee feels that an issue requires action, the Chairperson of the Committee
				  shall submit a written statement regarding the issue to the State Facility
				  Director and indicate a desired response date. The issue shall be brought to
				  the attention of the State Facility Director. If the Committee is not satisfied
				  with the actions of the State Facility Director, the issue shall be brought to
				  the attention of the Division Director and the appropriate deputy director
				  simultaneously. If the Committee is not satisfied with the action of the
				  Division Director or the Deputy Director involved, the issue shall be brought
				  to the attention of the Secretary.
(c) If the majority of the Committee votes
				  that an issue does not require action, but two or more members feel strongly
				  that some action is necessary, these members may submit a minority report to
				  the State Facility Director, the Division Director and Deputy Director, and the
				  Secretary in the same manner as a majority decision.
(d) In cases deemed appropriate by the
				  Committee, steps in the communications procedure as outlined in Paragraph (b)
				  of this Rule may be omitted, provided that the person in authority in each
				  omitted step is notified in writing.
(e) The Committee may also seek help in
				  solving problems from the Governor's Advocacy Council for Persons With
				  Disabilities, Governor's Advocacy Council on Children and Youth, the Commission
				  for Mental Health, Developmental Disabilities and Substance Abuse Services, and
				  the Council on Developmental Disabilities. In these cases, persons in authority
				  at each step of the prescribed communications procedure as outlined in
				  Paragraph (b) of this Rule shall be notified in writing. Minority report
				  procedures, as outlined in Paragraph (c) of this Rule, shall be applicable in
				  this procedure as well.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0209 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Committee
				  members shall have access to the records of clients only upon written consent
				  of the client or legally responsible person as specified in
				  10A NCAC
				  26B .0209"Confidentiality Rules", division
				  publication APSM 45-1. This document is available for inspection in each state
				  facility or in the Publications Office of the Division. This right of access is
				  granted so that the Committees may perform their duties of overseeing and
				  monitoring the action of the state facility.
(b) Committee members shall treat the client
				  record as confidential information as specified in
				  10A NCAC
				  26B .0108.
Authority
					 G.S.
					 122C-53(a);
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0210 - LIMITATIONS ON REPRESENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
In order for a professional to be a member of a human
					 rights committee he must agree not to accept a client of the state facility as
					 a private client for remuneration for professional services on the client's
					 behalf during the member's term. If a professional, while a member of the
					 Committee, accepts such a client, then he becomes disqualified to serve on the
					 Committee.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0211 - STATE FACILITY RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  State Facility Director shall provide necessary clerical and support services
				  to the Human Rights Committee.
(b)
				  The State Facility Director shall provide an orientation to the state facility
				  for new members of the Committee at the Chairperson's request.
(c) The State Facility Director shall assure
				  that the facility's Staff Development Services shall implement the Division's
				  annual plan of training for human rights committee members.
(d) The State Facility Director shall be
				  responsible for the reimbursement of mileage expenses for members of the
				  Committee who request financial assistance to attend regularly scheduled
				  meetings.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0200 - HUMAN RIGHTS COMMITTEES › Section 28A .0212 - DIVISION RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Division
				  Director shall serve as the point of contact between the Committees and the
				  Secretary.
(b) The Division's
				  Training Office, in conjunction with the Governor's Advocacy Council for
				  Persons with Disabilities (GACPD), shall develop an annual plan of training for
				  human rights committee members.
(c)
				  The Division Director shall provide collaboration opportunities for each state
				  facility human rights committee and shall assure an opportunity for committee
				  chairpersons to meet at least annually.
(d) The Division Director shall provide
				  written orientation materials for all new members. Written training materials
				  shall cover at a minimum the structure and role of the Division; the role of
				  State Facility Human Rights Committees; state statutes; and rules codified in
				  the North Carolina Administrative Code regarding human rights and related areas
				  of concern. Such materials shall be available in the Quality Assurance Section
				  of the Division.
Authority
					 G.S.
					 122C-64;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0301 - INFORMING CLIENTS OF RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  Facility Director shall assure that all clients and legally responsible persons
				  are informed of the client's rights at the time of admission or not more than
				  24 hours after admission [with the exceptions specifically provided for in
				  Paragraph (b) of this Rule]. The state facility shall develop a policy which
				  includes, but is not limited to, the following:
(1) specifying who is responsible for
				  informing the client;
(2) providing
				  a written copy of rights to clients who can read and explaining the rights to
				  all clients;
(3) documenting in the
				  client record that rights have been explained to the client;
(4) posting copies of rights and the person
				  or office to contact for information regarding rights in areas accessible to
				  the client.
(5) describing the role
				  of the Human Rights Committee and internal client advocate and how to utilize
				  their services;
(6) informing the
				  legally responsible person of a minor or incompetent adult client that he may
				  request notification after any occurrence of the use of an intervention
				  procedure as specified in
				  10A NCAC
				  28D .0203,
				  28D .0204 and
				  28D .0205; and
(7) informing the competent adult client that
				  he may designate an individual to receive notification, in accordance with
				  G.S.
				  122C-53(a), after any
				  occurrence of the use of an intervention procedure as specified in
				  10A NCAC
				  28D .0203,
				  28D .0204 and
				  28D .0205.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0302 - INFORMING STATE FACILITY EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that all state
					 facility employees are informed of the rights of clients and shall develop a
					 policy which includes but is not limited to the following:
(1) specifying who is responsible for
				  informing new and existing state facility employees;
(2) distributing written copies of client
				  rights as specified in Article 3 of Chapter 122C to all state facility
				  employees and obtaining documentation that state facility employees have read
				  and understand the client rights;
(3) obtaining documentation that qualified
				  professionals on staff have read and understand client rights as specified in
				  Article 3 of Chapter 122C of the N.C. General Statutes and regulations as
				  specified in
				  10A NCAC
				  28A through 28D;
(4) establishing a procedure for training or
				  updating state facility employees' awareness of client rights as specified in
				  Article 3 of Chapter 122C of the N.C. General Statutes,
				  10A NCAC
				  28A, 28B, 28C, and 28D, and through state
				  facility policy at least annually and whenever changes occur. Such education
				  shall be documented; and
(5)
				  identifying individuals who can be contacted to answer questions regarding
				  rights.
Authority
					 G.S.
					 122C-51;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0303 - NOTIFICATION ON GUARDIANSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  client shall be informed of the different aspects and policies concerning
				  guardianship when the use of guardianship becomes an issue.
(b) The client shall be permitted to
				  participate as fully as possible in all decisions that will affect him. State
				  facility employees shall seek to preserve for the incompetent adult client the
				  opportunity to exercise those rights that are within his comprehension as
				  specified in
				  G.S.
				  35A-1201(a)(4) and
				  (5).
(c) The State Facility Director shall assure
				  that incompetency proceedings are pursued for adult clients when the treatment
				  team determines that the client is unable to make or communicate important
				  decisions about his life. To the extent possible statutory proceedings for
				  limited guardianship rather than full guardianship should be pursued.
Authority
					 G.S.
					 122C-51;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0304 - INFORMING CLIENTS OF POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that each client
					 and the legally responsible person are informed of the following:
(1) the state facility policy on
				  reimbursement or criminal liability for personal or property damage caused by
				  the client to the state facility, other clients, employees, visitors or their
				  property;
(2) the state facility
				  policy on charges for treatment or habilitation services as consistent with
				  10A NCAC
				  28C .0310;
(3) the state facility rules and regulations
				  that the client is expected to follow and possible penalties for
				  violations;
(4) the state facility
				  grievance procedure;
(5) the state
				  facility's authority to initiate, when appropriate, involuntary commitment
				  procedures for a voluntary client; and
(6) the state facility policy on search and
				  seizure.
Authority
					 G.S.
					 122C-51;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0305 - RESEARCH

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that all research
					 involving human subjects is conducted in accordance with accepted research
					 practices and is reviewed according to
					 10A NCAC
					 26C .0200. Research that places human
					 subjects at risk, except minimal risk research, shall be subject to the
					 Department of Health and Human Services policy for the protection of human
					 research subjects as codified in
					 45 C.F.R.
					 46, adopted pursuant to
					 G.S.
					 150B-14(c).
Authority
					 G.S.
					 122C-51;
					 122C-57;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 24,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter A - COMMITTEES AND PROCEDURES › Section .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS › Section 28A .0306 - CONSENT TO PARTICIPATE IN RESEARCH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  Facility Director shall assure that all clients who participate in research,
				  except minimal risk research, elect to do so after having received a full
				  explanation of the purpose, potential benefits and risks of
				  participation.
(b) Informed written
				  consent shall be obtained from the client or legally responsible person for
				  each new research project. Whenever a client is adjudicated incompetent and is
				  a ward of the state, or whenever a client adjudicated incompetent or a minor
				  client objects to participation in a research project, the client shall not
				  participate in the research project. Consent shall be documented in the client
				  record and shall include:
(1) client or
				  legally responsible person's signature and date;
(2) brief description of the research
				  project;
(3) length of consent,
				  which shall not exceed six months without renewal;
(4) notification that consent may be
				  withdrawn at any time without penalty;
(5) explanation of any potential risks and
				  plans to reduce or address such risks;
(6) signature and title of the investigator
				  and date;
(7) disclosure of any
				  established alternative procedures that would probably achieve similar
				  therapeutic goals as those anticipated through the research; and
(8) a provision that the client or legally
				  responsible person will be given notification of any significant changes in the
				  research procedures which directly affect the client.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0100 - GENERAL RIGHTS › Section 28B .0101 - COMPETENCY OF ADULT CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each adult client has the right to be considered legally
					 competent unless adjudicated incompetent under the provisions of Chapter 35A of
					 the General Statutes; and each incompetent adult client has the right to be
					 restored to legal competency as specified in Chapter 35A of the General
					 Statutes.
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0100 - GENERAL RIGHTS › Section 28B .0102 - BASIC RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client in
				  a state facility has the right to exercise basic human rights as specified in
				  G.S.
				  122C-51,
				  122C-52(c),
				  122C-54(e),
				  122C-57,
				  122C-58,
				  122C-61, and
				  122C-62.
(b) Only those rights specified in
				  G.S.
				  122C-62(b) and
				  122C-62(d) may
				  be restricted by the state facility. Such restrictions shall be in accordance
				  with G.S.
				  122C-62(e).
Authority
					 G.S.
					 122C-51;
					 122C-52;
					 122C-54;
					 122C-57;
					 122C-58;
					 122C-61;
					 122C-62;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0100 - GENERAL RIGHTS › Section 28B .0103 - RELIGIOUS RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client has
				  the right to participate in religious worship as specified in
				  G.S.
				  122C-62(b)(7) and
				  122C-62(d)(7).
(b) Participation shall be voluntary, but
				  worship opportunities, services, religious education programs, pastoral
				  counseling, or pastoral visitation shall be accessible for those who choose to
				  participate.
(c) Clients shall be
				  permitted to participate in religious services in the community unless
				  otherwise limited in the treatment or habilitation plan.
(d) Suitable space for religious worship
				  shall be made available by the state facility.
Authority
					 G.S.
					 122C-62;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0201 - ACCESS TO LEGAL SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All clients
				  have the right to contact and consult with legal counsel of their choice
				  according to the provisions of
				  G.S.
				  122C-62(a)(2) and
				  122C-62(c)(2).
(b) Information regarding the availability of
				  legal services shall be given to all clients and shall be posted in areas
				  accessible to the clients. Information provided by legal assistance programs
				  concerning the availability of their services for indigent clients shall be
				  posted in areas accessible to the clients. Each State Facility Director shall
				  ensure that all state facility employees are informed of the availability of
				  legal services for clients in a manner deemed appropriate by the State Facility
				  Director, including the right of clients to communicate and consult with
				  attorneys.
(c) Each State Facility
				  Director shall designate locations where clients and attorneys may conduct
				  their interviews in privacy.
Authority
					 G.S.
					 122C-51;
					 122C-58;
					 122C-62;
					 122C-111;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0202 - NONPROFIT LEGAL SERVICES ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Each State Facility Director shall designate an interview
					 room where clients may, at regularly scheduled hours, privately communicate and
					 consult with an attorney employed by or affiliated with a nonprofit legal
					 services organization. During these scheduled hours, any client who desires to
					 consult with an attorney may do so without an appointment. Upon written request
					 by a nonprofit legal services organization, such an interview room shall be
					 made available in each building occupied by clients. The frequency of making
					 such an interview room available and the hours it shall be available shall be
					 at the discretion of the State Facility Director; however, such interview room
					 shall be available at least twice per month. Information regarding the time and
					 date when such legal services will be available and the specific location of
					 such interview room shall be posted in areas accessible to the client in the
					 buildings involved.
Authority
					 G.S.
					 122C-51;
					 122C-58;
					 122C-62;
					 122C-111;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0203 - STATE FACILITY GRIEVANCE PROCEDURE AND REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each state
				  facility shall have a written procedure to process clients' formal grievances
				  in a fair, timely, and impartial manner. The grievance procedure shall specify
				  that it is not intended to cover informal verbal expressions of dissatisfaction
				  or discontent which can be resolved informally.
(b) The grievance procedure shall include the
				  following:
(1) a provision stating that
				  grievances may be filed on behalf of a client by:
(A) the client;
(B) the legally responsible person of a minor
				  client or incompetent adult client;
(C) the internal client advocate;
				  or
(D) any other competent adult,
				  including a state facility employee, who has been designated by the client and
				  given written consent to bring a grievance on his behalf;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0204 - DIVISION DIRECTOR'S REVIEW OF GRIEVANCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a
				  client or client's representative as specified in Rule .0203(b)(1)(D) of this
				  Section is dissatisfied with the State Facility Director's decision in a
				  grievance, the client or client's representative may request a review of the
				  State Facility Director's decision by the Division.
(b) The client or client's representative
				  shall submit a written request for review of the decision to the appropriate
				  deputy director of the Division (as indicated by the State Facility Director).
				  The request shall indicate:
(1) a description
				  of the grievance;
(2) action taken
				  by the State Facility Director; and
(3) preferred action of the client.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0205 - DEPARTMENT REVIEW OF GRIEVANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  client or client's representative as specified in Rule .0203(b)(1)(D) of this
				  Section may pursue further review by the Department by submitting a written
				  request to the Secretary. Such written request shall indicate:
(1) a description of the grievance;
(2) action taken by the State Facility
				  Director and Division Director; and
(3) preferred action of the client.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0206 - ACCESS TO INTERNAL CLIENT ADVOCATE

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure each client access
					 to an internal client advocate in accordance with
					 G.S.
					 122C-62(a)(3) and
					 122C-62(c)(3).
Authority
					 G.S.
					 122C-62;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0207 - CLIENT ADVOCATE ACCESS TO CONFIDENTIAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Client
				  advocate access to confidential information shall be in accordance with
				  G.S.
				  122C-53(e), (f) and
				  (g).
(b) Whenever a minor client is admitted to a
				  regional psychiatric hospital which provides educational services, the client
				  advocate may have access to the educational records in accordance with
				  G.S.
				  122C-53(a). The State
				  Facility Director shall establish policies and procedures for obtaining consent
				  upon admission of the minor client to the state facility, which allows the
				  client advocate access to the educational records.
Authority
					 G.S.
					 122C-53;
					 122C-62;
					 143B-10;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0200 - LEGAL RIGHTS › Section 28B .0208 - DEATHS AND AUTOPSIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The State
				  Facility Director shall adopt a written policy, available to the client upon
				  request, specifying procedures to be taken upon the death of a client which
				  shall provide for:
(1) a physician's
				  certification of the death as soon as possible;
(2) making reasonable efforts to locate the
				  client's next of kin;
(3)
				  notification of the State Facility Director and the internal client
				  advocate;
(4) notification of the
				  County Medical Examiner when the attending physician or State Facility Director
				  (at the time of the client's death) determines that the death falls under the
				  jurisdiction of the County Medical Examiner as specified in
				  G.S.
				  130A-383 and
				  130A-389; and documentation of
				  the Medical Examiner's report in the client record; and
(5) disposition of the body when no next of
				  kin or interested individuals can be located and no funeral arrangements have
				  been made, including notification of the Commission of Anatomy as specified in
				  G.S.
				  130A-415.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0300 - LABOR RIGHTS › Section 28B .0301 - EMPLOYMENT CONDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client who
				  performs work which is of economic value to the state facility shall receive
				  compensation for such work.
(b) A
				  state facility may allow the client to work for the facility only under the
				  following conditions:
(1) if the work is part
				  of the client's individual treatment or habilitation plan;
(2) if the work is performed
				  voluntarily;
(3) if the client is
				  paid wages commensurate with the economic value of the work on the open market
				  (except as specifically explained in Rule .0302 of this Section); and
(4) if the work project complies with local,
				  state and federal laws and regulations.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0300 - LABOR RIGHTS › Section 28B .0302 - VOLUNTARY NON COMPENSATED WORK

Current through Register Vol. 39, No. 2, July 15, 2024
The state facility may establish a policy allowing clients,
					 upon their request, to do voluntary non-compensated work. The policy
					 shall:
(1) provide for protecting the
				  client from abuse or exploitation;
(2) provide for the work to be time limited
				  and part of the client's treatment or habilitation plan;
(3) provide that voluntary work performed by
				  clients consists of tasks appropriate to the age or developmental level of the
				  client;
(4) provide for review by
				  the legally responsible person of an incompetent adult or minor client or
				  internal client advocate in all other cases of client volunteer work before the
				  work is begun; and
(5) prohibit
				  substitution of voluntary non-compensated work for other more appropriate
				  treatment or habilitation opportunities.
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0300 - LABOR RIGHTS › Section 28B .0303 - PERSONAL HOUSEKEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
Limited housekeeping tasks in the client's personal living
					 space may be required of each client without compensation.
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0400 - NONDISCRIMINATION › Section 28B .0401 - TITLE VI CIVIL RIGHTS ACT 1964

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that the services
					 of the state facility are provided in compliance with the requirements
					 specified in Title VI of the Civil Rights Act of 1964 and
					 45 C.F.R.
					 80 and other applicable laws regarding the
					 prohibition of discrimination based on race, color, national origin, sex, or
					 handicap.
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0400 - NONDISCRIMINATION › Section 28B .0402 - DHHS DIRECTIVE INTERPRETER SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that the services
					 of the state facility are provided in compliance with the requirements
					 specified in the Department of Health and Human Services Directive, Subject:
					 Provision of Interpreter Services for the Deaf, Number 37, Effective Date: June
					 1, 1987, adopted pursuant to
					 G.S.
					 150B-14(c), establishing the
					 provision of interpreter services for the deaf and hearing
					 impaired.
Authority
					 G.S.
					 122C-51;
					 143B-10;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter B - CIVIL AND LEGAL RIGHTS › Section .0400 - NONDISCRIMINATION › Section 28B .0403 - STATE AND FEDERAL REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The State Facility Director shall assure that the services
					 of the state facility are provided in compliance with all applicable state and
					 federal statutes and regulations regarding non-discrimination, including but
					 not limited to discrimination against a handicapped person as specified in
					 G.S.
					 168-1 through
					 168-23, G.S. 168A and Section 504
					 of the Rehabilitation Act (29 U.S.C.).
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0100 - SAFE ENVIRONMENT › Section 28C .0101 - PROTECTION FROM HARM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) State facility
				  employees and volunteers at a state facility shall protect clients from harm,
				  abuse, neglect and exploitation in accordance with
				  G.S.
				  122C-66.
(b) State facility employees shall not
				  subject a client to any sort of punishment, neglect, or indignity or inflict
				  physical or mental abuse upon any client including, but not limited to,
				  striking, burning, cutting, teasing, taunting, jerking, pushing, tripping or
				  baiting a client.
(c) State
				  facility employees, visitors and clients other than mentally retarded clients
				  in a facility, shall not engage in any offenses relating to another client as
				  specified in
				  G.S.
				  122C-65.
(d) State facility employees shall use only
				  that degree of force necessary to repel or secure a violent and aggressive
				  client. The degree of force that is necessary depends upon the individual
				  characteristics of the client (such as age, size and physical and mental
				  health) and the degree of aggressiveness displayed by the client. The State
				  Facility Director may establish policies on the use of force and specific
				  techniques. State facility employees using specific physical intervention
				  techniques shall be trained in their use.
(e) State facility employees shall not borrow
				  money from a client or a client's family or receive gratuity except a non
				  monetary gift of nominal value from a client. The state facility employee shall
				  not sell or buy goods or services to or from a client except through
				  established state facility policy. The state facility shall provide safeguards
				  for protecting the client from this type of exploitation and abuse.
(f) State facility employees shall exercise
				  all due precaution to protect each client from physical or mental abuse by
				  other clients.
(g) The State
				  Facility Director shall establish policies to protect the client from
				  exploitation by other clients by discouraging the loaning or borrowing of money
				  and possessions between clients and by discouraging the selling and buying of
				  goods or services between clients.
Authority
					 G.S.
					 122C-65;
					 122C-66;
					 122C-67;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0100 - SAFE ENVIRONMENT › Section 28C .0102 - CORPORAL PUNISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Corporal punishment is prohibited, as specified in
					 G.S.
					 122C-59.
Authority
					 G.S.
					 122C-59;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0100 - SAFE ENVIRONMENT › Section 28C .0103 - REPORTING ABUSE, NEGLECT OR EXPLOITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  State Facility Director shall develop a written policy specifying procedures
				  for reporting and investigating all cases of alleged or suspected abuse,
				  neglect or exploitation occurring when the client is under the supervision of
				  the state facility. The policy shall be in accordance with
				  G.S.
				  122C-66 and shall include at least the
				  following provisions:
(1) specifications of
				  the progressive steps in the reporting and investigation process for all cases
				  of alleged or suspected abuse, neglect or exploitation, staff positions
				  responsible for investigation, and time periods to be observed for each
				  step;
(2) a requirement for
				  immediate intervention by any state facility employee witnessing abuse, neglect
				  or exploitation;
(3) a system of
				  immediate reporting of any suspected abuse, neglect or exploitation which
				  includes but is not limited to the internal client advocate and appropriate
				  state facility employees and provisions for confidential reporting;
(4) the arrangement for immediate medical
				  evaluation where major physical injury is involved or suspected;
(5) the designation of a state facility
				  employee or position to conduct a preliminary investigation, including the
				  review of written reports by all state facility employees involved;
(6) in the event that a complete
				  investigation is indicated, the notification of the State Facility Director,
				  the legally responsible person of a minor or incompetent adult client, and the
				  internal client advocate. The Human Rights Committee may be notified that there
				  is a complete investigation indicated; however, Human Rights Committee
				  involvement shall be in accordance with
				  10 NCAC
				  16G .0209.
(7) a requirement for immediate reporting of
				  any alleged or suspected abuse, neglect or exploitation whenever there is a
				  reasonable cause to believe that the client is in need of protective services
				  (as defined in G.S. Chapter 108A, Article 6 and G.S. Chapter 7A, Article 44) to
				  the county department of social services by the State Facility Director or
				  designee as specified in G.S. Chapter 108A, Article 6 or G.S. Chapter 7A,
				  Article 44;
(8) a provision to
				  allow an independent investigation by the internal client advocate and Human
				  Rights Committee, when in accordance with
				  10A NCAC
				  28A .0209, reporting directly to the State
				  Facility Director; and
(9) a
				  provision to ensure that all state facility employees remain aware of the
				  procedures and are aware of their rights and responsibilities if they are
				  witness to, or aware of, or accused of abuse, neglect or
				  exploitation.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0100 - SAFE ENVIRONMENT › Section 28C .0104 - SAFE BUILDINGS AND GROUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client
				  in a state facility shall live and receive care, treatment, or habilitation in
				  a safe and sanitary environment.
(b) The State Facility Director shall assure
				  the provision of a safe and sanitary environment which is in compliance with
				  the sanitation, health and environmental safety codes of state and local
				  authorities.
(c) The State Facility
				  Director shall have specific plans and shall develop and enforce policies
				  designed to keep the state facility in good repair and operation in accordance
				  with the needs of health, comfort, safety and well-being of the
				  clients.
Authority
					 G.S.
					 122C-51;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. July 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0100 - SAFE ENVIRONMENT › Section 28C .0105 - MEALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client in a state facility shall
				  receive a balanced and nutritionally adequate daily diet.
(b) Dietary services of the state facility
				  shall adequately meet the individual dietary needs of the client and meet the
				  preferences of the client to the extent possible.
(c) The dietary service and dietary service
				  personnel shall meet local and state codes.
(d) The state facility dietary service shall
				  serve at least three meals per day on a schedule which approximates a generally
				  accepted morning, noon and evening meal.
(e) Meals shall be served
				  attractively.
(f) Appropriate
				  therapeutic feeding techniques shall be used if the client is unable to feed
				  himself or herself.
Authority
					 G.S.
					 122C-51;
					 131E-67;
					 143B-147;
Eff.
					 October 1, 1984;
Amended Eff. April 1, 1990; July 1,
					 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.