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 .0100 - GENERAL INFORMATION › Section 27G .0102 - COPIES OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Copies of these Rules are available from DMH/DD/SAS at a
					 price to cover printing, handling and postage.
Authority
					 G.S.
					 122C-23;
					 122C-24;
					 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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0202 - PERSONNEL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All facilities
				  shall have a written job description for the director and each staff position
				  which:
(1) specifies the minimum level of
				  education, competency, work experience and other qualifications for the
				  position;
(2) specifies the duties
				  and responsibilities of the position;
(3) is signed by the staff member and the
				  supervisor; and
(4) is retained in
				  the staff member's file.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0203 - COMPETENCIES OF QUALIFIED PROFESSIONALS AND ASSOCIATE PROFESSIONALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) There shall be no privileging
				  requirements for qualified professionals or associate professionals.
(b) Qualified professionals and associate
				  professionals shall demonstrate knowledge, skills and abilities required by the
				  population served.
(c) At such time
				  as a competency-based employment system is established by rulemaking, then
				  qualified professionals and associate professionals shall demonstrate
				  competence.
(d) Competence shall be
				  demonstrated by exhibiting core skills including:
(1) technical knowledge;
(2) cultural awareness;
(3) analytical skills;
(4) decision-making;
(5) interpersonal skills;
(6) communication skills; and
(7) clinical skills.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0204 - COMPETENCIES AND SUPERVISION OF PARAPROFESSIONALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  There shall be no privileging requirements for paraprofessionals.
(b) Paraprofessionals shall be supervised by
				  an associate professional or by a qualified professional as specified in Rule
				  .0104 of this Subchapter.
(c)
				  Paraprofessionals shall demonstrate knowledge, skills and abilities required by
				  the population served.
(d) At such
				  time as a competency-based employment system is established by rulemaking, then
				  qualified professionals and associate professionals shall demonstrate
				  competence.
(e) Competence shall be
				  demonstrated by exhibiting core skills including:
(1) technical knowledge;
(2) cultural awareness;
(3) analytical skills;
(4) decision-making;
(5) interpersonal skills;
(6) communication skills; and
(7) clinical skills.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0205 - ASSESSMENT AND TREATMENT/HABILITATION OR SERVICE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  assessment shall be completed for a client, according to governing body policy,
				  prior to the delivery of services, and shall include, but not be limited to:
(1) the client's presenting
				  problem;
(2) the client's needs and
				  strengths;
(3) a provisional or
				  admitting diagnosis with an established diagnosis determined within 30 days of
				  admission, except that a client admitted to a detoxification or other 24-hour
				  medical program shall have an established diagnosis upon admission;
(4) a pertinent social, family, and medical
				  history; and
(5) evaluations or
				  assessments, such as psychiatric, substance abuse, medical, and vocational, as
				  appropriate to the client's needs.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0206 - CLIENT RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A client record
				  shall be maintained for each individual admitted to the facility, which shall
				  contain, but need not be limited to:
(1) an
				  identification face sheet which includes:
(A)
				  name (last, first, middle, maiden);
(B) client record number;
(C) date of birth;
(D) race, gender and marital
				  status;
(E) admission
				  date;
(F) discharge date;
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0207 - EMERGENCY PLANS AND SUPPLIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  facility shall develop a written fire plan and a disaster plan and shall make a
				  copy of these plans available to the county emergency services agencies upon
				  request. The plans shall include evacuation procedures and routes.
(b) The plans shall be made available to all
				  staff and evacuation procedures and routes shall be posted in the
				  facility.
(c) Fire and disaster
				  drills in a 24-hour facility shall be held at least quarterly and shall be
				  repeated for each shift. Drills shall be conducted under conditions that
				  simulate the facility's response to fire emergencies.
(d) Each facility shall have a first aid kit
				  accessible for use.
Authority
					 G.S.
					 122C-26;
					 143B-147;
Eff. May
					 1, 1996;
Recodified from
					 10 NCAC
					 14V .0205 to
					 10 NCAC
					 14V .0207 Eff. January 3, 2001;
Readopted Eff. November 1, 2022.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0208 - CLIENT SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Facilities that
				  provide activities for clients shall assure that:
(1) space and supervision is provided to
				  ensure the safety and welfare of the clients;
(2) activities are suitable for the ages,
				  interests, and treatment/habilitation needs of the clients served;
				  and
(3) clients participate in
				  planning or determining activities.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0209 - MEDICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Medication
				  dispensing:
(1) Medications shall be
				  dispensed only on the written order of a physician or other practitioner
				  licensed to prescribe.
(2)
				  Dispensing shall be restricted to registered pharmacists, physicians, or other
				  health care practitioners authorized by law and registered with the North
				  Carolina Board of Pharmacy. If a permit to operate a pharmacy is not required,
				  a nurse or other designated person may assist a physician or other health care
				  practitioner with dispensing so long as the final label, container, and its
				  contents are physically checked and approved by the authorized person prior to
				  dispensing.
(3) Methadone for
				  take-home purposes may be supplied to a client of a methadone treatment service
				  in a properly labeled container by a registered nurse employed by the service,
				  pursuant to the requirements of
				  10A NCAC
				  26E .0306 SUPPLYING OF METHADONE IN TREATMENT
				  PROGRAMS BY RN. Supplying of methadone is not considered dispensing.
(4) Other than for emergency use, facilities
				  shall not possess a stock of prescription legend drugs for the purpose of
				  dispensing without hiring a pharmacist and obtaining a permit from the NC Board
				  of Pharmacy. Physicians may keep a small locked supply of prescription drug
				  samples. Samples shall be dispensed, packaged, and labeled in accordance with
				  state law and this Rule.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0210 - RESEARCH REVIEW BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				  this Rule, "research" means inquiry involving a trial or special observation
				  made under conditions determined by the investigator to confirm or disprove a
				  hypothesis, or to explicate some principle or effect. The term "research" as
				  used here means research which is not standard or conventional; involves a
				  trial or special observation which would place the subject at risk for injury
				  (physical, psychological or social injury), or increase the chance of
				  disclosure of treatment; utilizes elements or steps not ordinarily employed by
				  qualified professionals treating similar disorders of this population; or is a
				  type of procedure that serves the purpose of the research only and does not
				  include treatment designed primarily to benefit the individual.
(b) Prior to the initiation of any research
				  activity in a facility which involves clients or client records, it shall be
				  reviewed and approved by a research review board recognized by the facility in
				  which the proposed research is to be conducted.
(c) The Board shall consist of at least three
				  members, the majority of whom are not directly associated with the research
				  proposal which is under consideration.
(d) Each proposed research project shall be
				  presented to the research review board as a written protocol including, at
				  least, the following information:
(1) name of
				  the project and the principal investigator;
(2) statement of objectives (hypothesis) and
				  rationale; and
(3) description of
				  the methodology, including informed consent if necessary.
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 .0200 - OPERATION AND MANAGEMENT RULES › Section 27G .0212 - DISCLOSURE OF FINANCIAL INTEREST OF PROVIDERS OF MH/DD/SA SERVICES TO POTENTIAL CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a provider
				  refers a potential client to another provider in which the referring provider
				  holds a financial interest, the referring provider shall disclose and document
				  the disclosure of the financial interest to the potential client prior to or at
				  the time of referral.
(b) A
				  referring provider shall be considered to have a financial interest when the
				  referring provider is an owner, principal, employee, a potential employee of
				  the provider who is in the hiring process, immediate family member of an owner,
				  principal employee or an affiliate of the provider that the potential client is
				  referred to.
(c) For purposes of
				  this Rule, a "referring provider entity" includes:
(1) an agency;
(2) an organization;
(3) a local management entity (LME) as set
				  forth in
				  G.S.
				  122C-3(20b); or
(4) an individual employee or contractor of
				  an agency, organization or LME.
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 .0300 - PHYSICAL PLANT RULES › Section 27G .0301 - COMPLIANCE WITH BUILDING CODES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each new
				  facility shall be in compliance with all applicable portions of the North
				  Carolina State Building Code in effect at the time of licensing.
(b) Each facility operating under a current
				  license issued by DHSR upon the effective date of this Rule shall be in
				  compliance with all applicable portions of the North Carolina State Building
				  Code in effect at the time the facility was constructed or last
				  renovated.
(c) Each facility shall
				  maintain documented evidence of compliance with applicable fire, sanitation and
				  building codes including an annual fire inspection.
(d) As used in these Rules, the term "new
				  facility" refers to a facility that has not been licensed previously and for
				  which an initial license is sought. The term includes buildings converted from
				  another use or containing facilities licensed for a different use than the
				  facility for which an initial license is sought.
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;
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 .0300 - PHYSICAL PLANT RULES › Section 27G .0302 - FACILITY CONSTRUCTION/ALTERATIONS/ADDITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When construction, use, alterations or
				  additions are planned for a new or existing facility, work shall not begin
				  until after consultation with the DHSR Construction Section and with the local
				  building and fire officials having jurisdiction. Governing bodies are
				  encouraged to consult with DHSR prior to purchasing property intended for use
				  as a facility.
(b) All required
				  permits and approvals shall be obtained from the local authorities having
				  jurisdiction.
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;
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 .0300 - PHYSICAL PLANT RULES › Section 27G .0303 - LOCATION AND EXTERIOR REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  facility shall be located on a site where:
(1) fire protection is available;
(2) water supply, sewage and solid waste
				  disposal services have been approved by the local health department;
(3) occupants are not exposed to hazards and
				  pollutants that may constitute a threat to their health, safety, and welfare;
				  and
(4) local ordinances and zoning
				  laws are met.
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 .0300 - PHYSICAL PLANT RULES › Section 27G .0304 - FACILITY DESIGN AND EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Privacy: Facilities shall be designed and constructed in a manner that will
				  provide clients privacy while bathing, dressing or using toilet
				  facilities.
(b) Safety: Each
				  facility shall be designed, constructed and equipped in a manner that ensures
				  the physical safety of clients, staff and visitors.
(1) All hallways, doorways, entrances, ramps,
				  steps and corridors shall be kept clear and unobstructed at all
				  times.
(2) All mattresses purchased
				  for existing or new facilities shall be fire retardant.
(3) Electrical, mechanical and water systems
				  shall be maintained in operating condition.
(4) In areas of the facility where clients
				  are exposed to hot water, the temperature of the water shall be maintained
				  between 100-116 degrees Fahrenheit.
(5) All indoor areas to which clients have
				  routine access shall be well-lighted. Lighting shall be adequate to permit
				  occupants to comfortably engage in normal and appropriate daily activities such
				  as reading, writing, working, sewing and grooming.
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 .0400 - LICENSING PROCEDURES › Section 27G .0401 - LICENSE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No person shall
				  establish, maintain or operate a licensable facility within the meaning of
				  G.S.
				  122C-3 without first applying for and
				  receiving a license from the DHSR.
(b) Except for facilities excluded from
				  licensure by G.S. 122C, DHSR will deem any facility licensable if its primary
				  purpose is to provide services for the care, treatment, habilitation or
				  rehabilitation of individuals with mental illness, developmental disabilities,
				  or substance abuse disorders.
(c)
				  Living arrangements coordinated for adult clients in connection with case
				  management or personal assistance services are not considered licensable
				  facilities unless their primary purpose is to provide care, treatment,
				  habilitation or rehabilitation, rather than simply to provide living
				  accommodations.
Authority
					 G.S.
					 122C-3;
					 122C-23;
					 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;
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 .0400 - LICENSING PROCEDURES › Section 27G .0402 - LICENSE ISSUANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for licensure shall be requested and completed on the form provided by DHSR at
				  least 30 days prior to the planned operation date of a new facility. Copies of
				  reports, findings or recommendations issued by any accreditation agency and
				  corrective action plans shall be submitted with the application for
				  licensure.
(b) The content of
				  license applications shall include:
(1) Name
				  of person (as defined in
				  G.S.
				  122C-3) submitting the application;
(2) Business name of facility, if
				  applicable;
(3) Street location of
				  the facility (including multiple addresses if more than one building at one
				  site);
(4) Name and title of the
				  operator of the facility;
(5) Type
				  of facility; services offered; ages served; and, when applicable, capacity and
				  a floor plan showing bed locations and room numbers, any unlocked time-out
				  rooms, and any locked interior or exterior doors which would prohibit free
				  egress of clients; and
(6)
				  Indication of whether the facility is operated by an area program, is under
				  contract with an area program, or is a private facility; and
(7) All application for a new license shall
				  disclose the names of individuals who are owners, partners or shareholders
				  holding an ownership or controlling interest of 5% or more of the applicant
				  entity.
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 .0400 - LICENSING PROCEDURES › Section 27G .0403 - DEEMED STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A facility may
				  be awarded a deemed status and licensed if it is certified or accredited by a
				  nationally recognized agency that the Commission has determined to maintain
				  certification or accreditation standards that meet or exceed the standards
				  established by these Rules and it provides verification of certification or
				  accreditation to DHSR.
(b) Any
				  facility licensed under this Rule shall continue to be subject to inspection by
				  DHSR or by DMH/DD/SAS as provided in these Rules.
Authority
					 G.S.
					 122C-22;
					 122C-26;
					 131E-67;
					 143B-17;
					 143B-147;
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 .0400 - LICENSING PROCEDURES › Section 27G .0404 - OPERATIONS DURING LICENSED PERIOD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An initial
				  license shall be valid for a period not to exceed 15 months from the date on
				  which the license is issued. Each license shall be renewed annually thereafter
				  and shall expire at the end of the calendar year.
(b) For all facilities providing periodic and
				  day/night services, the license shall be posted in a prominent location
				  accessible to public view within the licensed premises.
(c) For 24-hour facilities, the license shall
				  be available for review upon request.
(d) For residential facilities, the DHSR
				  complaint hotline number shall be posted in a public place in each
				  facility.
(e) A facility shall
				  accept no more clients than the number for which it is licensed.
(f) DHSR shall conduct inspections of
				  facilities without advance notice.
(g) Licenses for facilities that have not
				  served any clients during the previous 12 months shall not be
				  renewed.
(h) DHSR shall conduct
				  inspections of all 24-hour facilities an average of once every 12 months, to
				  occur no later than 15 months as of July 1, 2007.
(i) Written requests shall be submitted to
				  DHSR a minimum of 30 days prior to any of the following changes:
(1) Construction of a new facility or any
				  renovation of an existing facility;
(2) Increase or decrease in capacity by
				  program service type;
(3) Change in
				  program service; or
(4) Change in
				  location of 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 .0400 - LICENSING PROCEDURES › Section 27G .0405 - LICENSE DENIAL, AMENDMENT OR REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Denial:
				  DHSR may deny an application for license based on the determination that:
(1) the applicant is not in compliance with
				  rules promulgated under G.S. 122C, for the facility which the applicant is
				  seeking licensure;
(2) the
				  applicant is not in compliance with applicable provisions of the Certificate of
				  Need law under G.S. 131E, Article 9 and rules adopted under that law for the
				  facility which the applicant is seeking licensure;
(3) the Department has initiated revocation
				  or summary suspension proceedings against any facility licensed pursuant to
				  G.S. 122C, Article 2, G.S. 131D, Articles 1 or 1A, or G.S. 110, Article 7 which
				  was previously held by the applicant and the applicant voluntarily relinquished
				  the license;
(4) there is a pending
				  appeal of a denial, revocation or summary suspension of any facility licensed
				  pursuant to G.S. 122C, Article 2, G.S. 131D, Articles 1 or 1A, or G.S. 110,
				  Article 7 which is owned by the applicant;
(5) the applicant has an individual as part
				  of their governing body or management who previously held a license which was
				  revoked or summarily suspended under G.S. 122C, Article 2, G.S. 131D, Articles
				  1 or 1A and G.S. 110, Article 7 and the rules adopted under these laws;
				  or
(6) the applicant is an
				  individual who has a finding or pending investigation by the Health Care
				  Personnel Registry in accordance with
				  G.S.
				  131E-256.
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 .0400 - LICENSING PROCEDURES › Section 27G .0406 - LETTER OF SUPPORT REQUIRED FOR LICENSURE OF RESIDENTIAL FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant for licensure of a
				  residential facility shall submit with the application a letter of support
				  obtained from the local management entity (LME) in the catchment area where the
				  residential facility is located. For purposes of this Rule, residential
				  facility shall mean the same as defined in
				  G.S.
				  122C-3(14)e, that is not
				  subject to Certificate of Need requirements under Article 9 of Chapter
				  131E.
(b) An applicant shall submit
				  a request for a letter of support in writing to the LME using a format provided
				  by the Secretary. The request shall include the following information:
(1) type of license requested;
(2) the capacity of the facility;
(3) the service(s) to be provided;
(4) the location of the facility;
(5) a description of the program;
(6) the population to be served, indicating
				  if this is a specialized or underserved population for the catchment area;
				  and
(7) a designated point of
				  contact including:
(A) name;
(B) position title;
(C) phone number;
(D) email address; and
(E) fax number.
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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0501 - REQUIRED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Each area program shall provide or contract for the
					 provision of the following services:
(1) Outpatient for Individuals of all
				  Disability Groups;
(2) Emergency
				  for Individuals of all Disability Groups;
(3) Consultation & Education for
				  Individuals of all Disability Groups;
(4) Case Management for Individuals of all
				  Disability Groups;
(5) Inpatient
				  Hospital Treatment for Individuals Who Have Mental Illness or Substance Abuse
				  Disorders;
(6) Psychosocial
				  Rehabilitation for Individuals with Severe and Persistent Mental Illness or
				  Partial Hospitalization Services for Individuals Who are Acutely Mentally
				  Ill;
(7) Developmental Day Services
				  for Preschool Children with or at Risk for Developmental Disabilities or Delays
				  or Atypical Development;
(8) Adult
				  Developmental and Vocational Programs (ADVP) for Individuals with Developmental
				  Disabilities;
(9) Alcohol and Drug
				  Education Traffic Schools (ADETS);
(10) Drug Education Schools (DES);
(11) Social Setting, Nonhospital Medical, or
				  Outpatient Detoxification Services for Individuals With Substance Abuse
				  Disorders;
(12) Forensic Screening
				  and Evaluation for Individuals of all Disability Groups; and
(13) Early Childhood Intervention Services
				  for Children with or at Risk for Developmental Delay, Disabilities, or Atypical
				  Development and Their Families (ECIS).
Authority
					 G.S.
					 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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0502 - AREA PROGRAM/HOSPITAL AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  area program shall make provisions for inpatient services for individuals with
				  mental illness or substance abuse disorders, including access for both
				  voluntary and involuntary admissions. The area program may provide these
				  services, develop written agreements, or have written referral procedures to a
				  general hospital or private hospital, to ensure that both voluntary and
				  involuntary clients shall have access to needed inpatient services.
(b) A written agreement between the area
				  program and a general hospital or private hospital shall specify at least the
				  following:
(1) criteria for service
				  availability for area program patients;
(2) responsibilities of both parties related
				  to admission, treatment, and discharge of patients;
(3) parties responsible for the operation of
				  the inpatient service;
(4)
				  responsibilities of each party regarding continuity of service for patients
				  discharged from the inpatient service; and
(5) provision for the exchange of
				  information.
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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0503 - STAFF REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each area program shall employ or contract for the services
					 of a:
(1) psychiatrist;
(2) licensed psychologist;
(3) psychiatric nurse;
(4) psychiatric social worker;
(5) certified alcoholism counselor and
				  certified drug abuse counselor, or at least one certified substance abuse
				  counselor;
(6) qualified
				  developmental disabilities professional; and
(7) qualified client record
				  manager.
Authority
					 G.S.
					 122C-121;
					 122C-154;
					 122C-155;
					 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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0504 - CLIENT RIGHTS COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The area board
				  shall bear ultimate responsibility for the assurance of client
				  rights.
(b) Each area board shall
				  establish at least one Client Rights Committee, and may require that the
				  governing body of a contract agency also establish a Client Rights Committee.
				  The area board shall also develop and implement policy which delineates:
(1) composition, size, and method of
				  appointment of committee membership;
(2) training and orientation of committee
				  members;
(3) frequency of meetings,
				  which shall be at least quarterly;
(4) rules of conduct for meetings and voting
				  procedures to be followed;
(5)
				  procedures for monitoring the effectiveness of existing and proposed methods
				  and procedures for protecting client rights;
(6) requirements for routine reports to the
				  area board regarding seclusion, restraint and isolation time out; and
(7) other operating procedures.
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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0505 - NOTIFICATION PROCEDURES FOR PROVISION OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an
				  area program plans to operate or contract for a service located within the
				  catchment area of another area program, the Director of the area program that
				  plans to operate or contract for the service shall notify the Director of the
				  area program in which the service is to be located prior to the provision of
				  the service.
(b) The notification
				  shall be in writing and shall include the following:
(1) name of the provider;
(2) service to be provided; and
(3) anticipated dates of service.
In the event of an emergency, notification prior to the
					 provision of service may be by telephone with written notification occurring
					 the next working day.
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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0506 - COMMUNICATION PROCEDURES FOR OUT OF HOME COMMUNITY PLACEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of this Rule is to address
				  communication procedures concerning out of the home-community placements for
				  children and adolescents. This includes children and adolescents served through
				  the area authority or county program developmental disabilities, mental health
				  and substance abuse services system and those children and adolescents residing
				  in ICF-MR facilities in their catchment areas.
(b) Area authority or county program
				  representative(s) shall meet with the parent(s) or legal guardian and other
				  representatives involved in the care and treatment of the child or adolescent,
				  including local Department of Social Services (DSS), Local Education Agency
				  (LEA) and criminal justice agency, to make service planning decisions prior to
				  the placement of the child and adolescent out of the home-community. The area
				  authority or county program may use existing child and family teams for this
				  purpose.
(c) The home-community
				  area authority or county program shall be responsible for notification of
				  placement. The notification of placement shall be made via e-mail, fax or hard
				  copy within three business days after out of home-community placement occurs.
				  In case of an emergency, notification may be by telephone with written
				  notification occurring the next day. The following entities shall be notified:
(1) legal guardian;
(2) other representatives involved in the
				  care and treatment of the child or adolescent;
(3) host-community provider; and
(4) host-community representatives (may
				  include the court counselor, county DSS, regional Children's Developmental
				  Services Agency (CDSA) or the LEA.
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 .0500 - AREA PROGRAM REQUIREMENTS › Section 27G .0507 - AREA BOARD ANNUAL EVALUATION OF AN AREA DIRECTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  governs the annual evaluation of Area Directors.
(b) Area Boards shall evaluate, but not be
				  limited to, the Area Director's performance in each of the following areas:
(1) Relationship with the Board of Directors
				  and CFAC;
(2) Relationship with the
				  community served and with local and State officials;
(3) Encouraging consumer/family involvement
				  in system management activities including, but not limited to:
(A) program development,
(B) quality management, and
(C) community development;
(4) Recruiting, monitoring, and
				  maintaining effective relationship with qualified providers of
				  services;
(5) Management of human
				  resources;
(6) Management of fiscal
				  resources; and
(7) Demonstration of
				  leadership skills.
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 .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Section governs Local Management
				  Entity (LME) monitoring of the provision of public services in the LME's
				  catchment area.
(b) The LME shall
				  monitor the provision of public services in the LME's catchment area.
(c) The LME shall develop and implement
				  written policies governing monitoring of the provision of public services that
				  include:
(1) receiving, reviewing and
				  responding to level II and level III incident reports as set forth in Rules
				  .0603, .0604, and .0605 of this Section;
(2) receiving and responding to complaints
				  concerning the provision of public services, as set forth in Rule .0606 of this
				  Section;
(3) conducting local
				  monitoring of Category A and B providers of public services as set forth in
				  Rule .0608 of this Section; and
(4)
				  analyzing and reporting trends in the information identified in Subparagraphs
				  (c)(1) through (c)(3) of this Rule, as set forth in Rule .0608 of this
				  Section.
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 .0602 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the terms defined in
					 G.S.
					 122C-3 and Rules .0103 and .0104 of this
					 Subchapter, the following terms shall apply to the rules in this
					 Section:
(1) "Complaint investigation"
				  means the process of determining if an allegation made against a provider
				  concerning the provision of public services is substantiated.
(2) "ICF/MR" means a facility certified for
				  Medicaid as an Intermediate Care Facility for the Mentally Retarded.
(3) "Level I incident" means the same as
				  defined in
				  10A NCAC
				  27G .0103(b)(32) and does
				  not meet the definition of a level II incident or level III incident.
(4) "Level II incident" means the same as
				  defined in
				  10A NCAC
				  27G .0103(b)(32), including
				  a client death due to natural causes or terminal illness, or results in a
				  threat to a client's health or safety, or a threat to the health or safety of
				  others due to client behavior and does not meet the definition of a level III
				  incident.
(5) "Level III incident"
				  means the same as defined in
				  10A NCAC
				  27G .0103(b)(32) and results
				  in:
(a) a death, sexual assault, or permanent
				  physical or psychological impairment to a client;
(b) a substantial risk of death, or permanent
				  physical or psychological impairment to a client;
(c) a death, sexual assault, permanent
				  physical or psychological impairment caused by a client;
(d) a substantial risk of death or permanent
				  physical or psychological impairment caused by a client; or
(e) a threat caused by a client to a person's
				  safety.
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 .0603 - INCIDENT RESPONSE REQUIREMENTS FOR CATEGORY A AND B PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Category A and B providers shall develop
				  and implement written policies governing their response to level I, II or III
				  incidents. The policies shall require the provider to respond by:
(1) attending to the health and safety needs
				  of individuals involved in the incident;
(2) determining the cause of the
				  incident;
(3) developing and
				  implementing corrective measures according to provider specified timeframes not
				  to exceed 45 days;
(4) developing
				  and implementing measures to prevent similar incidents according to provider
				  specified timeframes not to exceed 45 days;
(5) assigning person(s) to be responsible for
				  implementation of the corrections and preventive measures;
(6) adhering to confidentiality requirements
				  set forth in G.S. 75, Article 2A,
				  10A NCAC
				  26B, 42 CFR Parts 2 and 3 and 45 CFR Parts
				  160 and 164; and
(7) maintaining
				  documentation regarding Subparagraphs (a)(1) through (a)(6) of this
				  Rule.
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 .0604 - INCIDENT REPORTING REQUIREMENTS FOR CATEGORY A AND B PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Category A and B providers shall report
				  all level II incidents, except deaths, that occur during the provision of
				  billable services or while the consumer is on the providers premises or level
				  III incidents and level II deaths involving the clients to whom the provider
				  rendered any service within 90 days prior to the incident to the LME
				  responsible for the catchment area where services are provided within 72 hours
				  of becoming aware of the incident. The report shall be submitted on a form
				  provided by the Secretary. The report may be submitted via mail, in person,
				  facsimile or encrypted electronic means. The report shall include the following
				  information:
(1) reporting provider contact
				  and identification information;
(2)
				  client identification information;
(3) type of incident;
(4) description of incident;
(5) status of the effort to determine the
				  cause of the incident; and
(6)
				  other individuals or authorities notified or responding.
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 .0605 - LOCAL MANAGEMENT ENTITY MANAGEMENT OF INCIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Upon learning of a level III incident that occurs while a
					 client is in the care of a provider or on a provider's premises, the LME shall
					 respond by:
(1) determining that
				  necessary actions have been taken to protect the client's health and
				  safety;
(2) determining the client
				  records are secured as set forth in Rule .0603 of this Section;
(3) determining that a meeting of an internal
				  review team is convened within 24 hours as set forth in Rule .0603 of this
				  Section;
(4) ensuring the client's
				  legal guardian, as applicable, and other authorities are notified as set forth
				  in Rule .0603 of this Section;
(5)
				  reviewing the internal review team's preliminary findings and final
				  report;
(6) considering any
				  internal review team's request for an extension of up to three months to file
				  the final report, if necessary to gather all relevant documents; and
(7) conducting local monitoring of the
				  provider according to the requirements as set forth in Rule .0608 of this
				  Section.
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
Temporary Adoption Eff. July 1, 2003;
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 .0600 - AREA AUTHORITY OR COUNTY PROGRAM MONITORING OF FACILITIES AND SERVICES › Section 27G .0607 - REPEALED - COMPLAINTS PERTAINING TO CATEGORY A OR CATEGORY B PROVIDERS EXCLUDING ICF/MR FACILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 122C-112.1;
					 143B-139.1;
Temporary Adoption Eff. July 1, 2003;
Eff. July 1,
					 2004;
Repealed Eff. August 1,
					 2009.