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 .0100 - GENERAL INFORMATION › Section 27G .0103 - GENERAL DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  contains definitions that apply to all of the rules in this
				  Subchapter.
(b) Unless otherwise
				  indicated, the following terms shall have the meanings specified:
(1) "Accreditation" means the authorization
				  granted to an area program by DMH/DD/SAS, as a result of demonstrated
				  compliance with the standards established in these Rules, to provide specified
				  services.
(2) "Administering
				  medication" means direct application of a drug to the body of a client by
				  injection, inhalation, ingestion, or any other means.
(3) "Adolescent" means a minor from 13
				  through 17 years of age.
(4)
				  "Adult" means a person 18 years of age or older or a person under 18 years of
				  age who has been married or who has been emancipated by a court of competent
				  jurisdiction or is a member of the armed forces.
(5) "Alcohol abuse" means psychoactive
				  substance abuse which is a residual category for noting maladaptive patterns of
				  psychoactive substance use that have never met the criteria for dependence for
				  that particular class of substance and which continues despite adverse
				  consequences. The criteria for alcohol abuse delineated in the DSM IV is
				  incorporated by reference.
(6)
				  "Alcohol dependence" means psychoactive substance dependence which is a cluster
				  of cognitive behavioral, and physiologic symptoms that indicate that a person
				  has impaired control of psychoactive substance use and continues use of the
				  substance despite adverse consequences. The criteria for alcohol dependence
				  delineated in the DSM IV is incorporated by reference.
(7) "Area program" means a legally
				  constituted public agency providing mental health, developmental disabilities
				  and substance abuse services for a catchment area designated by the Commission.
				  For purposes of these Rules, the term "area program" means the same as "area
				  authority" as defined in
				  G.S.
				  122C-3.
(8) "Assessment" means a procedure for
				  determining the nature and extent of the need for which the individual is
				  seeking service.
(9) "Child" means
				  a minor from birth through 12 years of age.
(10) "Children and adolescents with emotional
				  disturbance" means minors from birth through 17 years of age who have
				  behavioral, mental, or emotional problems which are severe enough to
				  significantly impair their ability to function at home, in school, or in
				  community settings.
(11) "Client"
				  means the same as defined in
				  G.S.
				  122C-3. Unless otherwise specified, when used
				  in the context of consent, consultation, or other function for a minor or for
				  an adult who lacks the capacity to perform the required function, the term
				  "client" shall include the legally responsible person.
(12) "Client record" means a documented
				  account of all services provided to a client.
(13) "Commission" means the same as defined
				  in G.S.
				  122C-3.
(14) "Contract agency" means a legally
				  constituted entity with which the area program contracts for a service
				  exclusive of intermittent purchase of service for an individually identified
				  client.
(15) "Day/night service"
				  means a service provided on a regular basis, in a structured environment that
				  is offered to the same individual for a period of three or more hours within a
				  24-hour period.
(16)
				  "Detoxification" means the physiological withdrawal of an individual from
				  alcohol or other drugs in order that the individual can participate in
				  rehabilitation activities.
(17)
				  "DHSR" means the Division of Health Service Regulation, 701 Barbour Drive,
				  Raleigh, N.C. 27603.
(18) "Direct
				  care staff" means an individual who provides active direct care, treatment,
				  rehabilitation or habilitation services to clients.
(19) "Division Director" means the Director
				  of DMH/DD/SAS.
(20) "DMH/DD/SAS"
				  means the Division of Mental Health, Developmental Disabilities and Substance
				  Abuse Services, 3001 Mail Service Center, Raleigh, NC 27699-3001.
(21) "Documentation" means provision of
				  written or electronic, dated and authenticated evidence of the delivery of
				  client services or compliance with statutes or rules, e.g., entries in the
				  client record, policies and procedures, minutes of meetings, memoranda,
				  reports, schedules, notices and announcements.
(22) "Drug abuse" means psychoactive
				  substance abuse which is a residual category for noting maladaptive patterns of
				  psychoactive substance use that have never met the criteria for dependence for
				  that particular class of substance which continues despite adverse
				  consequences. The criteria for drug abuse delineated in the DSM IV is
				  incorporated by reference.
(23)
				  "Drug dependence" means psychoactive substance dependence which is a cluster of
				  cognitive behavioral, and physiologic symptoms that indicate that a person has
				  impaired control of psychoactive substance use and continues use of the
				  substance despite adverse consequences. The criteria for drug dependence
				  delineated in the DSM IV is incorporated by reference.
(24) "DSM IV" means the publication of that
				  title published by the American Psychiatric Association, 1400 K Street, N.W.,
				  Washington, D.C. 20005 at a cost of thirty nine dollars and ninety-five cents
				  ($39.95) for the soft cover edition and fifty four dollars and ninety-five
				  cents ($54.95) for the hard cover edition. Where used in these definitions,
				  incorporation by reference of DSM IV includes subsequent amendments and
				  editions of the referenced material.
(25) "DWI" means driving while impaired, as
				  defined in
				  G.S.
				  20-138.1.
(26) "Evaluation" means an assessment service
				  that provides for an appraisal of a client in order to determine the nature of
				  the client's problem and his need for services. The services may include an
				  assessment of the nature and extent of the client's problem through a
				  systematic appraisal of any combination of mental, psychological, physical,
				  behavioral, functional, social, economic, and intellectual resources, for the
				  purposes of diagnosis and determination of the disability of the client, the
				  client's level of eligibility, and the most appropriate plan, if any, for
				  services.
(27) "Facility" means the
				  same as defined in
				  G.S.
				  122C-3.
(28) "Foster parent" means an individual who
				  provides substitute care for a planned period for a child when his own family
				  or legal guardian cannot care for him; and who is licensed by the N.C.
				  Department of Health and Human Services and supervised by the County Department
				  of Social Services, or by a private program licensed or approved to engage in
				  child care or child placing activities.
(29) "Governing body" means, in the case of a
				  corporation, the board of directors; in the case of an area authority, the area
				  board; and in all other cases, the owner of the facility.
(30) "Habilitation" means the same as defined
				  in G.S.
				  122C-3.
(31) "Hearing" means, unless otherwise
				  specified, a contested case hearing under G.S. 150B, Article 3.
(32) "Incident" means any happening which is
				  not consistent with the routine operation of a facility or service or the
				  routine care of a client and that is likely to lead to adverse effects upon a
				  client.
(33) "Infant" means an
				  individual from birth to one year of age.
(34) "Individualized education program" means
				  a written statement for a child with special needs that is developed and
				  implemented pursuant to
				  16 NCAC
				  02E .1500 (Rules Governing Programs and
				  Services for Children with Special Needs) available from the Department of
				  Public Instruction.
(35) "Inpatient
				  service" means a service provided in a hospital setting on a 24-hour basis
				  under the direction of a physician. The service provides continuous, close
				  supervision for individuals with moderate to severe mental or substance abuse
				  problems.
(36) "Legend drug" means
				  a drug that cannot be dispensed without a prescription.
(37) "License" means a permit to operate a
				  facility which is issued by DHSR under G.S. 122C, Article 2.
(38) "Medication" means a substance
				  recognized in the official "United States Pharmacopoeia" or "National
				  Formulary" intended for use in the diagnosis, mitigation, treatment or
				  prevention of disease.
(39) "Minor"
				  means a person under 18 years of age who has not been married or who has not
				  been emancipated by a decree issued by a court of competent jurisdiction or is
				  not a member of the armed forces.
(40) "Operator" means the designated agent of
				  the governing body who is responsible for the management of a licensable
				  facility.
(41) "Outpatient service"
				  means the same as periodic service.
(42) "Parent" means the legally responsible
				  person unless otherwise clear from the context.
(43) "Periodic service" means a service
				  provided on an episodic basis, either regularly or intermittently, through
				  short, recurring visits for persons with mental illness, developmental
				  disability or who are substance abusers.
(44) "Preschool age child" means a child from
				  three to five years old.
(45)
				  "Prevailing wage" means the wage rate paid to an experienced worker who is not
				  disabled for the work to be performed.
(46) "Private facility" means a facility not
				  operated by or under contract with an area program.
(47) "Provider" means an individual, agency
				  or organization that provides mental health, developmental disabilities or
				  substance abuse services.
(48)
				  "Rehabilitation" means training, care and specialized therapies undertaken to
				  assist a client to reacquire or maximize any or all lost skills or functional
				  abilities.
(49) "Residential
				  service," unless otherwise provided in these Rules, means a service provided in
				  a 24-hour living environment in a non-hospital setting where room, board, and
				  supervision are an integral part of the care, treatment, habilitation or
				  rehabilitation provided to the individual.
(50) "School aged youth" means individuals
				  from six through twenty-one years of age.
(51) "Screening" means an assessment service
				  that provides for an appraisal of an individual who is not a client in order to
				  determine the nature of the individual's problem and his need for services. The
				  service may include an assessment of the nature and extent of the individual's
				  problem through a systematic appraisal of any combination of mental,
				  psychological, physical, behavioral, functional, social, economic, and
				  intellectual resources, for the purposes of diagnosis and determination of the
				  disability of the individual, level of eligibility, if the individual will
				  become a client, and the most appropriate plan, if any, for services.
(52) "Secretary" means the Secretary of the
				  Department of Health and Human Services or designee.
(53) "Service" means an activity or
				  interaction intended to benefit another, with, or on behalf of, an individual
				  who is in need of assistance, care, habilitation, intervention, rehabilitation
				  or treatment.
(54) "Service plan"
				  means the same as treatment/habilitation plan defined in this
				  Section.
(55) "Staff member" means
				  any individual who is employed by the facility.
(56) "State facility" means the term as
				  defined in G.S. 122C.
(57) "Support
				  services" means services provided to enhance an individual's progress in his
				  primary treatment/habilitation program.
(58) "System of care" means a spectrum of
				  community based mental health and other necessary services which are organized
				  into a coordinated network to meet the multiple and changing needs of
				  emotionally disturbed children and adolescents.
(59) "Toddler" means an individual from one
				  through two years of age.
(60)
				  "Treatment" means the process of providing for the physical, emotional,
				  psychological and social needs of clients through services.
(61) "Treatment/habilitation plan" means a
				  plan in which one or more professionals, privileged in accordance with the
				  governing body's policy, working with the client and family members or other
				  service providers, document which services will be provided and the goals,
				  objectives and strategies that will be implemented to achieve the identified
				  outcomes. A treatment plan may also be called a service plan.
(62) "Twenty-four hour service" means a
				  service which is provided to a client on a 24-hour continuous basis.