reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .0800 - OUTPATIENT SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS › Section 27B .0803 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Programs providing this service shall meet standards for
					 Outpatient Services for Individuals of All Disability Groups as codified in
					 10A NCAC
					 27G .6200.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. March
					 1, 1983;
Transferred from T10.43I .1303 Eff. July 1,
					 1983;
Amended Eff. July 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .0900 - PARTIAL HOSPITALIZATION SERVICES FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE ACUTELY MENTALLY ILL OR ARE SUBSTANCE ABUSERS › Section 27B .0901 - DEFINITION AND GOALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definition.
(1) Primary Service. Partial hospitalization
				  programs for adult and elderly individuals who are acutely mentally ill or are
				  substance abusers are day programs which provide an alternative treatment to
				  inpatient services. Partial hospitalization serves as a mini-community in which
				  the patient can experiment with ways of relating to and working with others,
				  with the help of professional staff. Patients share decision-making
				  responsibility and activities. Partial hospitalization programs also provide a
				  broad range of intensive treatment approaches which include group therapy and
				  may include individual therapy, movement, occupational, activity and
				  recreational therapies; training in community living and specific coping
				  skills. Treatment is provided in a therapeutic milieu setting which includes
				  the services of a physician;
(2)
				  Components. None;
(3) Resource
				  Items. None;
(4) Target Population.
(A) Adult and elderly individuals who are
				  mentally ill within the following priorities:
(i) primary population of the acutely
				  mentally ill;
(ii) secondary
				  population of the chronically mentally ill;
(B) Individuals who are alcohol or drug
				  dependent.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .0900 - PARTIAL HOSPITALIZATION SERVICES FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE ACUTELY MENTALLY ILL OR ARE SUBSTANCE ABUSERS › Section 27B .0902 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Individuals must be determined eligible based on a
					 documented need for partial hospitalization services and be diagnosed as
					 acutely mentally ill, chronically mentally ill, alcohol dependent or drug
					 dependent.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. March
					 1, 1983;
Transferred from T10.43I .1402 Eff. July 1,
					 1983;
Amended Eff. July 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .0900 - PARTIAL HOSPITALIZATION SERVICES FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE ACUTELY MENTALLY ILL OR ARE SUBSTANCE ABUSERS › Section 27B .0903 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Programs providing this service shall meet standards for
					 Partial Hospitalization Services for Adult and Elderly Individuals Who Are
					 Acutely Mentally Ill as codified in
					 10A NCAC
					 27G .1100.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. March
					 1, 1983;
Transferred from T10.43I .1403 Eff. July 1,
					 1983;
Amended Eff. July 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1000 - BEFORE/AFTER SCHOOL AND SUMMER DEVELOPMENTAL DAY FOR CHILDREN WITH OR AT RISK FOR DEVELOPMENTAL DELAYS, DEVELOPMENTAL DISABILITIE OR ATYPICAL DEVELOPMENT › Section 27B .1001 - DEFINITION AND GOALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definition.
(1) Primary Service. Before/after school and
				  summer developmental day centers are day programs which provide habilitative
				  programming for school aged mentally retarded children. Services are provided
				  during times that the children are not participating in public education
				  activities and are designed to meet the developmental needs of children such as
				  self help, fine and gross motor, language and communication, cognitive and
				  social skills, in order to facilitate their functioning in a less restrictive
				  environment and to meet child care needs of families. Before/after school
				  services or summer services may be provided as a component of a developmental
				  day center which serves preschool children, or may be provided as a separate
				  component;
(2) Components.
				  None;
(3) Resource Items.
				  None;
(4) Target Population.
(A) Moderately, severely or profoundly
				  retarded school aged children.
(B)
				  School aged children who are mildly retarded or who are otherwise
				  developmentally disabled.
(C)
				  School aged children are those 5 through 17 years of age, provided a child
				  turns 5 on or before October 15 of the funding year.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1000 - BEFORE/AFTER SCHOOL AND SUMMER DEVELOPMENTAL DAY FOR CHILDREN WITH OR AT RISK FOR DEVELOPMENTAL DELAYS, DEVELOPMENTAL DISABILITIE OR ATYPICAL DEVELOPMENT › Section 27B .1002 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				  as cited in (b) of this Rule, individuals must be determined eligible in
				  accordance with the same criteria as for developmental day state grant-in-aid
				  funds.
(b) Subject to prior
				  approval by the regional director or his designee, school aged children who are
				  mildly retarded or who are otherwise developmentally disable may be determined
				  eligible provided all other grant-in-aid eligibility criteria are
				  met.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1000 - BEFORE/AFTER SCHOOL AND SUMMER DEVELOPMENTAL DAY FOR CHILDREN WITH OR AT RISK FOR DEVELOPMENTAL DELAYS, DEVELOPMENTAL DISABILITIE OR ATYPICAL DEVELOPMENT › Section 27B .1003 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Programs providing this service shall meet standards for
					 Before/After School and Summer Developmental Day Services for Children with or
					 at Risk for Developmental Delays, Developmental Disabilities or Atypical
					 Development as codified in
					 10A NCAC
					 27G .2200.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1100 - TRANSITIONAL RESIDENCE PROGRAMS FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE MENTALLY ILL › Section 27B .1101 - DEFINITION AND GOALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definition.
(1) Primary Service. Transitional residence
				  programs (group homes) are residential programs which provide a group living
				  environment for adult and elderly individuals who are mentally ill and who need
				  limited to moderate supervision. The program is designed to improve the
				  residents' social behavior, vocational functioning and independent living.
				  Included in residential treatment are room and board costs for up to six
				  consecutive months for any one placement;
(2) Components. None;
(3) Resource Items. None;
(4) Target Population. Adults and elderly
				  individuals who are mentally ill and are capable of self-medication.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1100 - TRANSITIONAL RESIDENCE PROGRAMS FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE MENTALLY ILL › Section 27B .1102 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Adult and elderly individuals must be determined eligible
					 based on a documented need for transitional residential services, be diagnosed
					 as mentally ill and be capable of self-medication.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1100 - TRANSITIONAL RESIDENCE PROGRAMS FOR ADULT AND ELDERLY INDIVIDUALS WHO ARE MENTALLY ILL › Section 27B .1103 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
Programs providing this service shall meet standards for
					 Supervised Living for Individuals of All Disability Groups as codified in
					 10A NCAC
					 27G Section .5600.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1200 - SOCIAL SETTING AND NONHOSPITAL MEDICAL SUBTANCE ABUSERS › Section 27B .1201 - DEFINITION AND GOALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definition.
(1) Primary Service. Detoxification is a
				  basic service of the alcoholism treatment system. The purpose of the service is
				  to withdraw the client from alcohol and to prepare him to enter a more
				  extensive treatment and rehabilitation program. While the physical condition of
				  the client during this period is of primary concern, care of the client is also
				  directed towards the alleviation of emotional distress which many clients
				  experience while being detoxified. For the purpose of Social Services Block
				  Grant [Title XX of the Social Security Act,
				  20 USC
				  1397-1397(f)] reimbursement,
				  detoxification may be provided in the following models:
(A) Social Setting. Social setting
				  detoxification is a residential service which involves the provision of social
				  support and other non-medical services to clients who are experiencing physical
				  withdrawal from alcohol in a residential setting; or
(B) Nonhospital Medical. Nonhospital medical
				  detoxification is a residential service which involves the provision of medical
				  treatment as well as the provision of supportive services under the supervision
				  of a physician for clients who are experiencing physical withdrawal from
				  alcohol in a residential setting. Included in social setting and nonhospital
				  medical detoxification are room and board costs for up to six consecutive
				  months for any one placement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1200 - SOCIAL SETTING AND NONHOSPITAL MEDICAL SUBTANCE ABUSERS › Section 27B .1202 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Individuals must be determined eligible based on a
					 documented need for social setting or nonhospital medical detoxification
					 services and be diagnosed as alcohol dependent.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter B - RULES GOVERNING AREA PROGRAMS AND CONTRACTED PROGRAMS UTILIZING SOCIAL SERVICES BLOCK GRANT (TITLE XX) FUNDS › Section .1200 - SOCIAL SETTING AND NONHOSPITAL MEDICAL SUBTANCE ABUSERS › Section 27B .1203 - CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				  Social Services Block Grant [Title XX of the Social Security Act,
				  20 USC
				  1397-1397(f)] reimbursement,
				  this service may only be provided in conjunction with Residential
				  Treatment/Rehabilitation Programs for Individuals Who Are Alcohol or Other Drug
				  Abusers.
(b) Programs providing
				  this service shall meet standards for Social Setting, Nonhospital Medical and
				  Outpatient Detoxification Services for Individuals Who Are Substance Abusers as
				  codified in
				  10A NCAC
				  27G .3100 through
				  27G .3200.
Authority
					 G.S.
					 143B-10;
					 143B-147;
Eff. July
					 1, 1984;
Amended Eff. March 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter C - PROCEDURES AND GENERAL INFORMATION › Section .0100 - GENERAL POLICIES AND PROCEDURES › Section 27C .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) These Rules,
				  10A NCAC
				  27C, 27D, 27E and 27F, set forth procedures
				  governing the protection of client rights in each public or private facility
				  that provides mental health, developmental disabilities and substance abuse
				  services, with the exception of a state-operated facility. In addition to these
				  Rules, the governing body shall comply with the provisions of G.S. 122C,
				  Article 3, regarding client rights.
(b) A facility that is certified by the
				  Centers for Medicare and Medicaid Services (CMS) as an Intermediate Care
				  Facility for the Mentally Retarded (ICF/MR), or a Medicare/Medicaid Hospital or
				  a Psychiatric Residential Treatment Facility (PRTF) is deemed to be in
				  compliance with the rules in Subchapters 27C, 27D, 27E and 27F, with the
				  exception of Rules 27C .0102; 27D .0101; .0303; 27E .0104; .0105; .0108 and
				  .0109.
(c) A facility that is
				  certified as specified in Paragraph (b) of this Rule shall comply with the
				  following:
(1) use of the definition of
				  physical restraint as specified in Rule .0102 Subparagraph (b)(19) of this
				  Section;
(2) documentation
				  requirements as specified in
				  10A NCAC
				  27D .0303 and
				  10A NCAC
				  27E .0104;
				  27E .0105;
				  27E .0108 and
				  27E .0109;
(3) debriefing requirements as specified in
				  10A NCAC
				  27D .0101 and
				  10A NCAC
				  27E .0104; and
(4) training requirements as specified in
				  10A NCAC
				  27E .0108 and
				  27E .0109.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0100 - GENERAL POLICIES AND PROCEDURES › Section 27D .0101 - POLICY ON RIGHTS RESTRICTIONS AND INTERVENTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  governing body shall develop policy that assures the implementation of
				  G.S.
				  122C-59,
				  G.S.
				  122C-65, and
				  G.S.
				  122C-66.
(b) The governing body shall develop and
				  implement policy to assure that:
(1) all
				  instances of alleged or suspected abuse, neglect or exploitation of clients are
				  reported to the County Department of Social Services as specified in G.S. 108A,
				  Article 6 or G.S. 7A, Article 44; and
(2) procedures and safeguards are instituted
				  in accordance with sound medical practice when a medication that is known to
				  present serious risk to the client is prescribed. Particular attention shall be
				  given to the use of neuroleptic medications.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0100 - GENERAL POLICIES AND PROCEDURES › Section 27D .0102 - SUSPENSION AND EXPULSION POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client
				  shall be free from threat or fear of unwarranted suspension or expulsion from
				  the facility.
(b) The governing
				  body shall develop and implement policy for suspension or expelling a client
				  from a service. The policy shall address the criteria to be used for an
				  suspension, expulsion or other discharge not mutually agreed upon and shall
				  establish documentation requirements that include:
(1) the specific time and conditions for
				  resuming services following suspension;
(2) efforts by staff of the facility to
				  identify an alternative service to meet the client's needs and designation of
				  such service; and
(3) the discharge
				  plan, if any.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0100 - GENERAL POLICIES AND PROCEDURES › Section 27D .0103 - SEARCH AND SEIZURE POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client
				  shall be free from unwarranted invasion of privacy.
(b) The governing body shall develop and
				  implement policy that specifies the conditions under which searches of the
				  client or his living area may occur, and if permitted, the procedures for
				  seizure of the client's belongings, or property in the possession of the
				  client.
(c) Every search or seizure
				  shall be documented. Documentation shall include:
(1) scope of search;
(2) reason for search;
(3) procedures followed in the
				  search;
(4) a description of any
				  property seized; and
(5) an account
				  of the disposition of seized property.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0100 - GENERAL POLICIES AND PROCEDURES › Section 27D .0104 - PERIODIC INTERNAL REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  governing body shall assure the conduct, no less than every three years, of a
				  compliance review in each of its facilities regarding the implementation of
				  Client Rights Rules as specified in
				  10A NCAC
				  27C, 27D, 27E and 27F.
(b) The review shall assure that:
(1) there is compliance with applicable
				  provisions of the federal law governing advocacy services to the mentally ill,
				  as specified in the Protection and Advocacy for Mentally Ill Individuals Act of
				  1986 (Public Law
				  99-319) and amended by
				  Public Law
				  100-509 (1988); and
(2) there is compliance with applicable
				  provisions of the federal laws governing advocacy services to the
				  developmentally disabled, the Developmental Disabilities Assistance and Bill of
				  Rights Act, 42 U.S.C.
				  6000 et. seq.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0200 - INFORMING CLIENTS AND STAFF OF RIGHTS › Section 27D .0201 - INFORMING CLIENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A written
				  summary of client rights as specified in G.S. 122C, Article 3 shall be made
				  available to each client and legally responsible person.
(b) Each client shall be informed of his
				  right to contact the Governor's Advocacy Council for Persons with Disabilities
				  (GACPD), the statewide agency designated under federal and State law to protect
				  and advocate the rights of persons with disabilities.
(c) Each client shall be informed regarding
				  the issues specified in Paragraph (d) and, if applicable in Paragraph (e), of
				  this Rule, upon admission or entry into a service, or
(1) in a facility where a day/night or
				  periodic service is provided, within three visits; or
(2) in a 24-hour facility, within 72 hours.
				  Explanation shall be in a manner consistent with the client's or legally
				  responsible person's level of comprehension.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0200 - INFORMING CLIENTS AND STAFF OF RIGHTS › Section 27D .0202 - INFORMING STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body shall develop and implement policy to
					 assure that all staff are kept informed of the rights of clients as specified
					 in 122C, Article 3, all applicable rules, and policies of the governing body.
					 Documentation of receipt of information shall be signed by each staff member
					 and maintained by the facility.
Authority
					 G.S.
					 122C-51;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0300 - GENERAL CIVIL, LEGAL AND HUMAN RIGHTS › Section 27D .0301 - SOCIAL INTEGRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Each client in a day/night or 24-hour facility shall be
					 encouraged to participate in appropriate and generally acceptable social
					 interactions and activities with other clients and non-client members of the
					 community. A client shall not be prohibited from such social interactions
					 unless restricted in writing in the client record in accordance with
					 G.S.
					 122C-62(e).
Authority
					 G.S.
					 122C-51;
					 122C-62;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0300 - GENERAL CIVIL, LEGAL AND HUMAN RIGHTS › Section 27D .0302 - CLIENT SELF GOVERNANCE

Current through Register Vol. 39, No. 2, July 15, 2024
In a day/night or 24-hour facility, the governing body
					 shall develop and implement policy which allows client input into facility
					 governance and the development of client self-governance
					 groups.
Authority
					 G.S.
					 122C-51;
					 122C-58;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0300 - GENERAL CIVIL, LEGAL AND HUMAN RIGHTS › Section 27D .0303 - INFORMED CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client, or
				  legally responsible person, shall be informed, in a manner that the client or
				  legally responsible person can understand, about:
(1) the alleged benefits, potential risks,
				  and possible alternative methods of treatment/habilitation; and
(2) the length of time for which the consent
				  is valid and the procedures that are to be followed if he chooses to withdraw
				  consent. The length of time for a consent for the planned use of a restrictive
				  intervention shall not exceed six months.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter D - GENERAL RIGHTS › Section .0300 - GENERAL CIVIL, LEGAL AND HUMAN RIGHTS › Section 27D .0304 - PROTECTION FROM HARM, ABUSE, NEGLECT OR EXPLOITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Employees shall protect clients from harm, abuse, neglect and exploitation in
				  accordance with
				  G.S.
				  122C-66.
(b) Employees shall not subject a client to
				  any sort of abuse or neglect, as defined in
				  10A NCAC
				  27C .0102 of this Chapter.
(c) Goods or services shall not be sold to or
				  purchased from a client except through established governing body
				  policy.
(d) Employees shall use
				  only that degree of force necessary to repel or secure a violent and aggressive
				  client and which is permitted by governing body policy. 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. Use of intervention procedures shall be
				  compliance with Subchapter
				  10A NCAC
				  27E of this Chapter.
(e) Any violation by an employee of
				  Paragraphs (a) through (d) of this Rule shall be grounds for dismissal of the
				  employee.
Authority
					 G.S.
					 122C-59;
					 122C-65;
					 122C-66;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. April 1, 1994; January 1,
					 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 25,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0101 - LEAST RESTRICTIVE ALTERNATIVE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  facility shall provide services/supports that promote a safe and respectful
				  environment. These include:
(1) using the
				  least restrictive and most appropriate settings and methods;
(2) promoting coping and engagement skills
				  that are alternatives to injurious behavior to self or others;
(3) providing choices of activities
				  meaningful to the clients served/supported; and
(4) sharing of control over decisions with
				  the client/legally responsible person and staff.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0102 - PROHIBITED PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
In each facility the following types of procedures shall be
					 prohibited:
(1) those interventions
				  which have been prohibited by statute or rule which shall include:
(a) any intervention which would be
				  considered corporal punishment under
				  G.S.
				  122C-59;
(b) the contingent use of painful body
				  contact;
(c) substances
				  administered to induce painful bodily reactions, exclusive of
				  Antabuse;
(d) electric shock
				  (excluding medically administered electroconvulsive therapy);
(e) insulin shock;
(f) unpleasant tasting foodstuffs;
(g) contingent application of any noxious
				  substances which include but are not limited to noise, bad smells or splashing
				  with water; and
(h) any potentially
				  physically painful procedure, excluding prescribed injections, or stimulus
				  which is administered to the client for the purpose of reducing the frequency
				  or intensity of a behavior.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0103 - GENERAL POLICIES REGARDING INTERVENTION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following procedures shall only be employed when clinically or medically
				  indicated as a method of therapeutic treatment:
(1) planned non-attention to specific
				  undesirable behaviors when those behaviors are health threatening;
(2) contingent deprivation of any basic
				  necessity; or
(3) other
				  professionally acceptable behavior modification procedures that are not
				  prohibited by Rule .0102 of this Section or covered by Rule .0104 of this
				  Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0104 - SECLUSION, PHYSICAL RESTRAINT AND ISOLATION TIME-OUT AND PROTECTIVE DEVICES USED FOR BEHAVIORAL CONTROL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  governs the use of restrictive interventions which shall include:
(1) seclusion;
(2) physical restraint;
(3) isolation time-out
(4) any combination thereof; and
(5) protective devices used for behavioral
				  control.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0105 - PROTECTIVE DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever a
				  protective device is utilized for a client, the governing body shall develop
				  and implement policy to ensure that:
(1) the
				  necessity for the protective device has been assessed and the device is applied
				  by a facility employee who has been trained and has demonstrated competence in
				  the utilization of protective devices;
(2) the use of positive and less restrictive
				  alternatives have been reviewed and documented and the protective device
				  selected is the appropriate measure;
(3) the client is frequently observed and
				  provided opportunities for toileting, exercise, etc. as needed. When a
				  protective device limits the client's freedom of movement, the client shall be
				  observed at least every hour. Whenever the client is restrained and subject to
				  injury by another client, a facility employee shall remain present with the
				  client continuously. Observations and interventions shall be documented in the
				  client record;
(4) protective
				  devices are cleaned at regular intervals; and
(5) for facilities operated by or under
				  contract with an area program, the utilization of protective devices in the
				  treatment/habilitation plan shall be subject to review by the Client Rights
				  Committee, as required in
				  10A NCAC
				  27G .0504. Copies of this Rule and other
				  pertinent rules are published as Division publication RULES FOR MENTAL HEALTH,
				  DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES, APSM 30-1,and may be
				  purchased at a cost of five dollars and seventy-five cents ($5.75) per
				  copy.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0106 - INTERVENTION ADVISORY COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  Intervention Advisory Committee shall be established to provide additional
				  safeguards in a facility that utilizes restrictive interventions as planned
				  interventions as specified in Rule .0104(g) of this Section.
(b) The membership of the Intervention
				  Advisory Committee shall include at least one person who is or has been a
				  consumer of direct services provided by the governing body or who is a close
				  relative of a consumer and:
(1) for a facility
				  operated by an area program, the Intervention Advisory Committee shall be the
				  Client Rights Committee or a subcommittee of it, which may include other
				  members;
(2) for a facility that is
				  not operated by an area program, but for which a voluntary client rights or
				  human rights committee has been appointed by the governing body, the
				  Intervention Advisory Committee shall be that committee or a subcommittee of
				  it, which may include other members; or
(3) for a facility that does not meet the
				  conditions of Subparagraph (b)(1) or (2), the committee shall include at least
				  three citizens who are not employees of, or members of the governing
				  body.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0107 - TRAINING ON ALTERNATIVES TO RESTRICTIVE INTERVENTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Facilities shall implement policies and practices that emphasize the use of
				  alternatives to restrictive interventions.
(b) Prior to providing services to people
				  with disabilities, staff including service providers, employees, students or
				  volunteers, shall demonstrate competence by successfully completing training in
				  communication skills and other strategies for creating an environment in which
				  the likelihood of imminent danger of abuse or injury to a person with
				  disabilities or others or property damage is prevented.
(c) Provider agencies shall establish
				  training based on state competencies, monitor for internal compliance and
				  demonstrate they acted on data gathered.
(d) The training shall be competency-based,
				  include measurable learning objectives, measurable testing (written and by
				  observation of behavior) on those objectives and measurable methods to
				  determine passing or failing the course.
(e) Formal refresher training must be
				  completed by each service provider periodically (minimum annually).
(f) Content of the training that the service
				  provider wishes to employ must be approved by the Division of MH/DD/SAS
				  pursuant to Paragraph (g) of this Rule.
(g) Staff shall demonstrate competence in the
				  following core areas:
(1) knowledge and
				  understanding of the people being served;
(2) recognizing and interpreting human
				  behavior;
(3) recognizing the
				  effect of internal and external stressors that may affect people with
				  disabilities;
(4) strategies for
				  building positive relationships with persons with disabilities;
(5) recognizing cultural, environmental and
				  organizational factors that may affect people with disabilities;
(6) recognizing the importance of and
				  assisting in the person's involvement in making decisions about their
				  life;
(7) skills in assessing
				  individual risk for escalating behavior;
(8) communication strategies for defusing and
				  de-escalating potentially dangerous behavior; and
(9) positive behavioral supports (providing
				  means for people with disabilities to choose activities which directly oppose
				  or replace behaviors which are unsafe).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0100 - PROTECTIONS REGARDING INTERVENTIONS PROCEDURES › Section 27E .0108 - TRAINING IN SECLUSION, PHYSICAL RESTRAINT AND ISOLATION TIME-OUT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Seclusion, physical restraint and
				  isolation time-out may be employed only by staff who have been trained and have
				  demonstrated competence in the proper use of and alternatives to these
				  procedures. Facilities shall ensure that staff authorized to employ and
				  terminate these procedures are retrained and have demonstrated competence at
				  least annually.
(b) Prior to
				  providing direct care to people with disabilities whose treatment/habilitation
				  plan includes restrictive interventions, staff including service providers,
				  employees, students or volunteersshall complete training in the use of
				  seclusion, physical restraint and isolation time-out and shall not use these
				  interventions until the training is completed and competence is
				  demonstrated.
(c) A pre-requisite
				  for taking this training is demonstrating competence by completion of training
				  in preventing, reducing and eliminating the need for restrictive
				  interventions.
(d) The training
				  shall be competency-based, include measurable learning objectives, measurable
				  testing (written and by observation of behavior) on those objectives and
				  measurable methods to determine passing or failing the course.
(e) Formal refresher training must be
				  completed by each service provider periodically (minimum annually).
(f) Content of the training that the service
				  provider plans to employ must be approved by the Division of MH/DD/SAS pursuant
				  to Paragraph (g) of this Rule.
(g)
				  Acceptable training programs shall include, but are not limited to,
				  presentation of:
(1) refresher information on
				  alternatives to the use of restrictive interventions;
(2) guidelines on when to intervene
				  (understanding imminent danger to self and others);
(3) emphasis on safety and respect for the
				  rights and dignity of all persons involved (using concepts of least restrictive
				  interventions and incremental steps in an intervention);
(4) strategies for the safe implementation of
				  restrictive interventions;
(5) the
				  use of emergency safety interventions which include continuous assessment and
				  monitoring of the physical and psychological well-being of the client and the
				  safe use of restraint throughout the duration of the restrictive
				  intervention;
(6) prohibited
				  procedures;
(7) debriefing
				  strategies, including their importance and purpose; and
(8) documentation
				  methods/procedures.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter E - TREATMENT OR HABILITATION RIGHTS › Section .0200 - PROTECTIONS REGARDING MEDICATIONS › Section 27E .0201 - SAFEGUARDS REGARDING MEDICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The use
				  of experimental drugs or medication shall be considered research and shall be
				  governed by
				  G.S.
				  122C-57(f), applicable
				  federal law, licensure requirements codified in
				  10A NCAC
				  27G .0209, or any other applicable licensure
				  requirements not inconsistent with state or federal law.
(b) The use of other drugs or medications as
				  a treatment measure shall be governed by
				  G.S.
				  122C-57, and G.S. 90, Articles 1, 4A and
				  9A.
Authority
					 G.S.
					 122C-51;
					 122C-57;
					 131E-67;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter F - 24 HOUR FACILITIES › Section .0100 - SPECIFIC RULES FOR 24 HOUR FACILITIES › Section 27F .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Article 3, Chapter 122C of the General Statutes provides
					 specific rights for each client who receives a mental health, developmental
					 disability, or substance abuse service. This Subchapter delineates the rules
					 regarding those rights that apply in a 24-hour facility.
Authority
					 G.S.
					 122C-51;
					 122C-62;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter F - 24 HOUR FACILITIES › Section .0100 - SPECIFIC RULES FOR 24 HOUR FACILITIES › Section 27F .0102 - LIVING ENVIRONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client
				  shall be provided:
(1) an atmosphere
				  conducive to uninterrupted sleep during scheduled sleeping hours, consistent
				  with the types of services being provided and the type of clients being served;
				  and
(2) accessible areas for
				  personal privacy, for at least limited periods of time, unless determined
				  inappropriate by the treatment or habilitation team.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter F - 24 HOUR FACILITIES › Section .0100 - SPECIFIC RULES FOR 24 HOUR FACILITIES › Section 27F .0103 - HEALTH, HYGIENE AND GROOMING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each client
				  shall be assured the right to dignity, privacy and humane care in the provision
				  of personal health, hygiene and grooming care. Such rights shall include, but
				  need not be limited to the:
(1) opportunity
				  for a shower or tub bath daily, or more often as needed;
(2) opportunity to shave at least
				  daily;
(3) opportunity to obtain
				  the services of a barber or a beautician; and
(4) provision of linens and towels, toilet
				  paper and soap for each client and other individual personal hygiene articles
				  for each indigent client. Such other articles include but are not limited to
				  toothpaste, toothbrush, sanitary napkins, tampons, shaving cream and shaving
				  utensil.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter F - 24 HOUR FACILITIES › Section .0100 - SPECIFIC RULES FOR 24 HOUR FACILITIES › Section 27F .0104 - STORAGE AND PROTECTION OF CLOTHING AND POSSESSIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Facility employees shall make every effort to protect each
					 client's personal clothing and possessions from theft, damage, destruction,
					 loss, and misplacement. This includes, but is not limited to, assisting the
					 client in developing and maintaining an inventory of clothing and personal
					 possessions if the client or legally responsible person
					 desires.
Authority
					 G.S.
					 122C-62;
					 143B-147;
Eff.
					 February 1, 1991;
Amended Eff. January 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter F - 24 HOUR FACILITIES › Section .0100 - SPECIFIC RULES FOR 24 HOUR FACILITIES › Section 27F .0105 - CLIENT'S PERSONAL FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  applies to any 24-hour facility which typically provides residential services
				  to individual clients for more than 30 days.
(b) Each competent adult client and each
				  minor above the age of 16 shall be assisted and encouraged to maintain or
				  invest his money in a personal fund account other than at the facility. This
				  shall include, but need not be limited to, investment of funds in
				  interest-bearing accounts.
(c) If
				  funds are managed for a client by a facility employee, management of the funds
				  shall occur in accordance with policy and procedures that:
(1) assure to the client the right to deposit
				  and withdraw money;
(2) regulate
				  the receipt and distribution of funds in a personal fund account;
(3) provide for the receipt of deposits made
				  by friends, relatives or others;
(4) provide for the keeping of adequate
				  financial records on all transactions affecting funds on deposit in personal
				  fund account;
(5) assure that a
				  client's personal funds will be kept separate from any operating funds of the
				  facility;
(6) provide for the
				  deduction from a personal fund account payment for treatment or habilitation
				  services when authorized by the client or legally responsible person upon or
				  subsequent to admission of the client;
(7) provide for the issuance of receipts to
				  persons depositing or withdrawing funds; and
(8) provide the client with a quarterly
				  accounting of his personal fund account.
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 .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Subchapter sets forth rules for
				  mental health, developmental disabilities and substance abuse services, the
				  facilities and agencies providing such services, and the area programs
				  administering such services within the scope of G.S. 122C.
(b) These Rules and the applicable statutes
				  govern licensing of facilities and accreditation of programs and services.
(1) Facilities are licensed by the Division
				  of Health Service Regulation (DHSR) in accordance with G.S. 122 and these
				  Rules. Licensable facilities as defined in
				  G.S.
				  122C-3 shall comply with these Rules to
				  receive and maintain the licenses required by the statute.
(2) Area programs are accredited by the
				  Division of Mental Health, Developmental Disabilities, and Substance Abuse
				  Services (DMH/DD/SAS) to provide services in accordance with these Rules. Area
				  programs shall comply with the rules to maintain accreditation of their
				  programs and services.