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 .3800 - SUBSTANCE ABUSE SERVICES FOR DWI OFFENDERS › Section 27G .3806 - AUTHORIZATION: FACILITIES PROVIDING SA SERVICES TO DWI OFFENDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Application Process: Facilities licensed
				  to provide substance abuse services by the Division of Health Service
				  Regulation, or determined by DHSR to be exempt from license under the
				  provisions of
				  G.S.
				  122C-22 are eligible to apply for
				  Authorization to provide services to DWI offenders.
(b) The DWI/Criminal Justice Branch of the
				  Substance Abuse Section of the DMHDDSAS will provide application materials to
				  facilities within 10 business days of the receipt of the request. Requests may
				  be made in writing to DWI Services, 3008 Mail Service Center, Raleigh, NC
				  27699-3008.
(c) The applicant
				  facility shall submit the application form and required supportive
				  documentation to DWI Services for review.
(d) When the review of the facility documents
				  confirms that the applicant is in compliance with applicable Rules, Statutes
				  and the Code of Facility Conduct, the facility will be authorized to begin
				  services to DWI offenders.
(e) A
				  decision on the application for Authorization shall be communicated to the
				  facility within 20 business days of the receipt of the application by the
				  DMH/DD/SAS. Upon approval, a five-digit Facility Code shall be issued to
				  identify the facility as authorized to provide services to DWI
				  offenders.
(f) Term of
				  Authorization: Facility Authorization to provide DWI services shall be granted
				  for a period not to exceed two years.
(g) A facility's Authorization shall expire
				  at any time the facility license ceases to be in effect.
(h) Facility Monitoring of Authorized
				  Facilities: Facility compliance reviews shall be conducted according to a
				  schedule determined by DMH/DD/SAS. The interval between reviews for any
				  facility shall be no greater than two years.
(i) Compliance problems and program
				  deficiencies will be addressed in the review and correction plans developed
				  with the facility. Each correction plan will have a follow-up plan.
(j) Refusal to complete a correction plan or
				  persistent non-compliance will be grounds for suspension until correction or
				  revocation of the Authorization.
(k) The DMH/DD/SAS will conduct reviews of
				  reports and DWI Certificates of Completion Forms generated by facilities.
				  Compliance and procedural problems will be addressed through communication with
				  facilities and correction plans.
(l) Written complaints of misconduct against
				  facilities shall be forwarded to the DMH/DD/SAS. All written complaints will be
				  reviewed and investigated. When non-compliance is confirmed, it will be
				  addressed with the facility through communication, correction plans or the
				  suspension/revocation process.
(m)
				  Suspension and Revocation: DMHDDSAS may suspend or revoke a facility's
				  authorization to provide services to DWI offenders at any time for failure to
				  comply with applicable Statutes and Rules.
(n) Such suspension or revocation will apply
				  to the Authorization to serve DWI offenders and will not directly affect the
				  facility's license to serve the public at large. The DMH/DD/SAS will inform
				  licensing and certification bodies of any such action against a facility and
				  its staff.
(o) In circumstances in
				  which the direct care of a client is compromised or when there is failure to
				  comply with a specific statute or rule concerning services to clients, the
				  suspension shall be immediate. Serious and persistent non-compliance will
				  result in revocation of the approval.
(p) When the non-compliance involves
				  procedural or programmatic issues and presents no immediate threat to clients,
				  the facility will be afforded an opportunity to propose and complete a plan of
				  correction to be monitored by the DMH/DD/SAS.
(q) Failure to complete the correction plans,
				  which were the subject of a suspension, will result in revocation of the
				  Authorization.
(r) A facility whose
				  Authorization has been revoked may apply for Authorization after one year upon
				  demonstration that all relevant problems have been corrected.
(s) Revocation Process: The Branch Head will
				  initiate action affecting the Authorization of a facility. Such action shall be
				  limited to the following:
(1) Revocation of
				  the Authorization;
(2) Suspension
				  of the Authorization until such time as the problem is corrected and the
				  correction verified; or
(3) A
				  Written Correction Plan shall be completed by the facility while continuing to
				  operate under close monitoring.