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 .6500 - EMPLOYEE ASSISTANCE PROGRAMS (EAP) › Section 27G .6503 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Population
				  Served. Each EAP shall be designed to serve the organization (employer), its
				  employees, and their family members by providing a comprehensive system from
				  which employees can obtain assistance addressing personal problems which may
				  affect their work performance.
(b)
				  Written Agreement. The EAP shall implement, within the constraints placed on it
				  by the employer firm, a written agreement with employers which incorporates the
				  following:
(1) a written formal policy
				  statement promulgated by the employer which defines the intent of the
				  program;
(2) identification of a
				  program administrator by the employer who will serve as liaison between the
				  employer and the EAP;
(3) written
				  procedures to be used by the employer in implementing its EAP;
(4) written procedures to be used by the EAP
				  to carry out the screening and referral process; and
(5) a statement assuring the employer that
				  the EAP shall comply with applicable confidentiality regulations.
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 .6600 - SPECIALIZED FOSTER CARE SERVICES › Section 27G .6601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Specialized foster care is a support service provided
					 cooperatively by the area program and the local department of social services
					 or other licensed child care agency for individuals with developmental
					 disability or mental illness who are in the custody of or whose parents have
					 entered into a boarding home agreement with the local Department of Social
					 Services or other licensed child care agency. Individuals up to 21 years of age
					 may be served if they are involved in an ongoing educational program provided
					 by the public school system or an adult day service provided by an adult
					 developmental activity program or community college system. Support activities
					 include funding, monitoring and evaluation, program coordination, parent
					 training, development and implementation of individual treatment or goal plans,
					 and consultation and technical assistance. These services shall be designed to
					 serve those individuals in whose behalf area program funds are directed to
					 foster parents in exchange for the provision of individualized prescriptive
					 programming.
Authority G.S. 131D,
					 Article 1A; 143B-147; 143B-153;
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 .6600 - SPECIALIZED FOSTER CARE SERVICES › Section 27G .6602 - APPROVED FOSTER HOMES

Current through Register Vol. 39, No. 2, July 15, 2024
Each foster home shall be licensed by the Department of
					 Human Resources and supervised by the county Department of Social Services or
					 other licensed child care agency and shall meet the criteria for receipt of
					 Title XX (P.L.
					 97-35) foster care special services funds as
					 specified in
					 10 NCAC
					 41F and J. The criteria are available for
					 review at each county Department of Social Services office.
Authority
					 G.S.
					 131D-10.3;
					 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 .6600 - SPECIALIZED FOSTER CARE SERVICES › Section 27G .6603 - PLACEMENT CARE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  area program shall negotiate a placement care agreement with the specialized
				  foster care parents on behalf of each individual for whom the area program
				  contracts for specialized foster care services.
(b) The agreement shall include provisions
				  related to the following:
(1) commitment by
				  the foster parents to participate in needed treatment programs related to the
				  foster placement;
(2) commitment
				  from the foster parents to participate with area program staff in the
				  development and implementation of individualized treatment or goal
				  plans;
(3) commitment by the foster
				  parents to receive consultation and technical assistance from the area program;
				  and
(4) commitment by the foster
				  parents that any decision to terminate services shall be negotiated among the
				  foster parents, the area program and county Department of Social Services
				  consistent with the termination clause of the agreement.
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 .6700 - FORENSIC SCREENING AND EVALUATION SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS › Section 27G .6701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Forensic services shall be designed to serve offenders and
					 alleged offenders referred by the criminal justice system by court
					 order.
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 .6700 - FORENSIC SCREENING AND EVALUATION SERVICES FOR INDIVIDUALS OF ALL DISABILITY GROUPS › Section 27G .6702 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When ordered by a court, forensic screening and evaluation
					 to assess capacity to proceed to trial shall be provided by evaluators trained
					 and certified in accordance with the provisions of
					 10A NCAC
					 27H .0201 through
					 27H .0207.
Authority
					 G.S.
					 15A-1002;
					 143B-147;
Eff. May
					 1, 1996;
Amended Eff. June 1, 2018;
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 .6800 - PREVENTION SERVICES › Section 27G .6801 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Prevention services shall include information,
					 consultation, education and instruction for the general
					 population.
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 .6800 - PREVENTION SERVICES › Section 27G .6802 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The area program shall designate a director for prevention
					 services.
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 .6900 - CONSULTATION AND EDUCATION SERVICES › Section 27G .6901 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Consultation is a prevention or
				  intervention service provided to other mental health, human service, and
				  community planning and development organizations or individual practitioners of
				  other organizations designed to both impart knowledge and assist recipients in
				  developing insights and skills necessary to carry out their service
				  responsibilities. The ultimate goal is to increase the quality of care
				  available in the service delivery system.
(b) Education is a prevention or intervention
				  service designed to impart knowledge to various target groups, including
				  clients, families, schools, businesses, churches, industries, and civic and
				  other community groups in the interest of increasing understanding of the
				  nature of mental health, mental retardation, and substance abuse disorders, and
				  the availability of various community resources. It also serves to improve the
				  social functioning of recipients by increasing awareness of human behavior and
				  providing alternative cognitive or behavioral responses to life
				  situations.
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 .6900 - CONSULTATION AND EDUCATION SERVICES › Section 27G .6902 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The consultation and education service shall have a
					 designated director.
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 .6900 - CONSULTATION AND EDUCATION SERVICES › Section 27G .6903 - OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written Program
				  Plan. Each area program shall develop annually a written plan for consultation
				  and education services specifying populations that will be targeted and
				  objectives to be obtained.
(b)
				  Coordination of Services. The consultation and education service shall be
				  coordinated with other components of the area program to insure continuity of
				  care.
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 .7000 - LOCAL MANAGEMENT ENTITY RESPONSE TO COMPLAINTS › Section 27G .7001 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section govern the
				  Local Management Entity responses to complaints received concerning the
				  provision of public services pertaining to all provider categories in its
				  catchment area.
(b) The rules in
				  this Section also govern the procedures for Local Management Entities when
				  investigating providers according to
				  10A NCAC
				  27G .0606.
Authority G.S.
					 122.C-112.1(a)(29);
Eff. July 1, 2008;
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 .7000 - LOCAL MANAGEMENT ENTITY RESPONSE TO COMPLAINTS › Section 27G .7004 - APPEALS REGARDING UTILIZATION REVIEW DECISIONS FOR NONMEDICAID SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule governs appeals by a client, or
				  the client's legally responsible person, to the Local Management Entity-Managed
				  Care Organization (LME-MCO), area authority or county program Director of
				  Utilization Review (UR) decisions made by the agency to deny, reduce, suspend
				  or terminate a client's non- Medicaid funded services.
(b) The LME-MCO, area authority or county
				  program shall:
(1) send to the client, or the
				  client's legally responsible person, notification letters regarding utilization
				  review decisions for non- Medicaid funded services.
(2) date and mail the notification letter no
				  later than the next business day following the UR decision to deny, reduce,
				  suspend, or terminate a non-Medicaid state funded service.
(3) separately notify the provider regarding
				  the service authorization.
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 .7100 - TARGET POPULATION › Section 27G .7101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to target
				  populations that are groups of people considered most in need of services
				  available considering resources within the public system and who are given
				  service priority.
Authority
					 G.S.
					 122C-112.1;
Eff. August 1,
					 2008;
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 H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Rules .0101 through .0108 of this Section
				  apply to any residential treatment facility operated by an area program or
				  under contract with an area program or any private residential treatment
				  facility licensed under
				  G.S.
				  122C-23 for the care and treatment of the
				  mentally ill or intoxicated where clients will not be subjected to restrictions
				  on their freedom of movement similar to the restrictions in:
(1) division-owned and operated psychiatric
				  hospitals;
(2) other public or
				  private psychiatric hospitals;
(3)
				  North Carolina Memorial Hospital at Chapel Hill;
(4) Whitaker School at Butner, North
				  Carolina; or
(5) other facilities
				  which provide locked time-out or seclusion rooms, use physical restraints, or
				  are licensed by the Division of Health Service Regulation as locked
				  facilities.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of the rules in this Section the following
					 terms shall have the meanings indicated:
(1) "Intoxicated" means the condition
				  specified in
				  G.S.
				  122C-3(18) and includes
				  addiction to narcotic or other habit-forming drugs or alcohol.
(2) "Mental Illness" means a mental condition
				  as defined in
				  G.S.
				  122C-3.
(3) "Minor" means a person under the age of
				  18.
(4) "Qualified Developmental
				  Disabilities Professional" means a professional as defined in
				  10A NCAC
				  27G .0104(c).
(5) "Qualified Mental Retardation
				  Professional" means a professional as defined in
				  10A NCAC
				  27G .0104(c).
(6) "Qualified Substance Abuse, Alcohol or
				  Drug Abuse Professional" means a professional as defined in
				  10A NCAC
				  27G .0104(c).
(7) "Residential Treatment Facility" means a
				  facility which provides 24-hour service in a nonhospital setting where room,
				  board and supervised living are an integral part of the treatment, habilitation
				  or rehabilitation provided to the individual.
(8) "Treatment Facility" means any hospital
				  or institution operated by the State of North Carolina and designated for the
				  admission of any person in need of care and treatment due to mental illness or
				  intoxication, any area mental health facility operated pursuant to Article 2F
				  of G.S. Chapter 122C, and any private hospital for the mentally disordered as
				  described in
				  G.S.
				  122C-23.
Authority
					 G.S.
					 122-56.7;
					 122C-3;
					 122C-23;
					 143B-147;
Eff. April
					 1, 1984;
Amended Eff. March 1, 1990;
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 H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0103 - APPLICATION FOR ADMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
A parent, guardian, or person standing in loco parentis
					 shall sign the application for admission of a minor to the residential
					 treatment facility. A guardian shall sign the application for admission of a
					 person adjudicated incompetent. In an emergency situation, a minor may be
					 admitted to a treatment facility upon his own written application in accordance
					 with G.S. 122C-221, if such admission
					 is otherwise considered appropriate.
Authority
					 G.S.
					 122C-221;
					 122C-223;
					 122C-231;
					 122C-232;
					 143B-147;
Eff. April
					 1, 1984;
Amended Eff. March 1, 1990;
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 H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0104 - PROCEDURE FOR ADMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  voluntarily seeking admission to a residential treatment facility shall be
				  examined and evaluated by a qualified physician within 24 hours of presenting
				  himself for admission. In determining the appropriateness of the admission, the
				  qualified physician shall consult with a qualified mental health professional
				  (in programs for the mentally ill) or a qualified substance abuse, alcohol or
				  drug abuse professional (in programs for intoxication). Such consultation shall
				  not be required if the qualified physician comes within the definition of a
				  qualified mental health, substance abuse, alcohol, or drug abuse professional
				  as appropriate.
(b) The qualified
				  physician shall evaluate the client's condition, strengths, needs, and the
				  resources to meet those needs in determining the appropriateness of the
				  admission.
(c) Should the minor or
				  person adjudicated incompetent be diagnosed as mentally retarded as well as
				  mentally ill or intoxicated, the qualified physician shall secure the
				  consultation of a qualified mental retardation professional in determining the
				  appropriateness of admission and evaluating the client's condition.
(d) The residential treatment facility shall
				  have written admission procedures which shall include at least an agreement
				  between the residential facility and parents, guardians or persons standing in
				  loco parentis, as appropriate, or guardians of persons adjudicated incompetent
				  which shall delineate the responsibilities of all parties for the provision of
				  medical and dental services, education and other needs.
(e) These procedures shall delineate the
				  standardized information required which at a minimum shall include:
(1) the present condition of the applicant
				  reported in objective, behavioral terms, and where possible a description of
				  the applicant's condition by significant others;
(2) social, educational and medical
				  histories; and, if appropriate, vocational, developmental, psychological,
				  psychiatric, legal and nutritional histories; and
(3) determination of, and request for,
				  additional referrals for special diagnostic tests, assessments or evaluations,
				  if needed.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0105 - CRITERIA FOR ADMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The client
				  shall be admitted when the qualified physician determines that:
(1) the client has a diagnosed mental illness
				  or is intoxicated;
(2) the client
				  is in need of treatment or further evaluation at the facility; and
(3) treatment at the facility is the most
				  appropriate and least restrictive.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0106 - INDIVIDUAL TREATMENT/PROGRAM PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
The individual treatment plan for each client shall be
					 consistent with the diagnosis and shall be documented in the client record as
					 follows:
(1) the preliminary treatment
				  plan shall be initiated within 24 hours of admission and shall be based upon
				  information gathered during the admission assessment;
(2) the comprehensive treatment plan shall be
				  implemented within 30 days of admission and shall be based upon information
				  gathered during the evaluation process;
(3) progress notes shall be written to
				  reflect progress towards the goals, as delineated in the comprehensive
				  treatment plan; and
(4) the
				  comprehensive treatment plan shall be revised whenever it is medically or
				  clinically indicated.
Authority
					 G.S.
					 122C-223;
					 122C-224;
					 122C-232;
					 122C-233;
					 143B-147;
Eff. April
					 1, 1984;
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 H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0107 - REVIEW OF CONTINUED TREATMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A thorough review of the appropriateness of continued
					 treatment at the treatment facility shall be carried out within 30 days,
					 documented in the treatment plan, and repeated at least every three months.
					 This review shall be completed by a committee of at least three qualified
					 professionals in the areas relevant to the client's treatment needs. If the
					 committee finds that continued treatment is not appropriate at that treatment
					 facility, the client shall be discharged.
Authority
					 G.S.
					 122C-223;
					 122C-224;
					 122C-232;
					 122C-233;
					 143B-147;
Eff. April
					 1, 1984;
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 H - MISCELLANEOUS RULES › Section .0100 - ADMISSION PROCEDURES FOR MINORS OR INCOMPETENT PERSONS TO NONRESTRICTIVE TREATMENT FACILITIES › Section 27H .0108 - DISCHARGE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
When it is determined, following the review specified in
					 Rule .0107 of this Section, that treatment at the treatment facility is no
					 longer necessary or no longer meets the conditions of most appropriate and
					 least restrictive, a discharge plan shall be developed which contains a written
					 summary of the client's admission findings, treatment/habilitation, condition
					 on discharge and recommendations for further programming including
					 responsibilities of the treatment facility, if any, following discharge. The
					 discharge plan shall be put into effect within 30 days following the decision
					 of the committee to discharge the client.
Authority
					 G.S.
					 122C-223;
					 122C-224;
					 122C-232;
					 122C-233;
					 143B-147;
Eff. April
					 1, 1984;
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 H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of Rules .0201 through .0207
				  of this Section is to specify the requirements that shall be met to be
				  certified as a local certified forensic evaluator by the Division of Mental
				  Health, Developmental Disabilities and Substance Abuse Services.
(b) The provisions of Rules .0201 through
				  .0207 of this Section apply to any Licensed Clinician, as defined in Rule
				  10A NCAC
				  27G .0104, seeking certification as a local
				  certified forensic evaluator by the Division.
Authority
					 G.S.
					 15A-1002;
					 143B-147;
Eff. July
					 1, 1982;
Amended Eff. June 1, 2018; January 1, 1996; May 1,
					 1990.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of Rules .0201 through .0207 of this
					 Section, when a capacity evaluation is ordered by a Court to be conducted
					 through the Local Management Entity-Managed Care Organization LME-MCO, the
					 following terms shall have the meanings indicated:
(1) "Forensic Evaluation" means an
				  examination ordered by the court through the LME-MCO to determine the
				  defendant's current mental state and whether the defendant has the capacity to
				  proceed to trial.
(2) "Licensed
				  Clinician" means the same as defined in Rule
				  10A NCAC
				  27G .0104.
(3) "Local Certified Forensic Evaluator"
				  means a Licensed Clinician who:
(a) has
				  completed the training for certification and annual training seminars described
				  in Rule .0204 of this Section;
(b)
				  is employed by an LME-MCO, if permitted pursuant to 122C-141(a), or under
				  contract with, an LME-MCO as a Forensic Evaluator; and
(c) is paid by the LME-MCO with public
				  funds.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0203 - ELIGIBILITY FOR TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
To be eligible for training as a local certified forensic
					 evaluator the individual shall:
(1) be
				  a Licensed Clinician;
(2) be an
				  employee of the LME-MCO, if permitted pursuant to
				  G.S.
				  122C-141(a), or work under
				  contract with, an LME-MCO;
(3)
				  provide documentation of current licensure status to the LME-MCO;
(4) provide documentation of training and
				  expertise with the mental health, developmental disabilities, or substance
				  abuse (mh/dd/sa) services population; and
(5) have his or her name submitted to the
				  Pre-Trial Evaluation Center for the training and certification program by the
				  LME-MCO director.
Authority
					 G.S.
					 15A-1002;
					 122C-114;
					 122C-115.4(a);
					 122C-141;
					 122C-191(b);
					 143B-147;
Eff. July
					 1, 1982;
Amended Eff. October 1, 2017; January 1, 1996; May 1,
					 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 26, 2017;
Amended Eff. June
					 1, 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0204 - TRAINING AND CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  individual seeking certification as a forensic evaluator shall complete six
				  hours of initial training provided by the Division in order to be certified as
				  a local certified forensic evaluator. The initial training shall include:
(1) current laws and practices including the
				  role of the local certified forensic evaluator in the capacity to proceed
				  evaluation process;
(2) procedures
				  for conducting interviews including evaluation for the presence of mh/dd/sa
				  disorders, or other relevant conditions;
(3) procedures for completing reports
				  required by Rule .0207 of this Section;
(4) process for reporting findings to the
				  court; and
(5) an examination at
				  the conclusion of the training which assesses comprehension of the training
				  material and an understanding of the duties of a local certified forensic
				  evaluator.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0205 - LME-MCO OVERSIGHT OF FORENSIC EVALUATOR PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within
				  available resources, the LME-MCO shall ensure there are local certified
				  forensic evaluators to conduct forensic evaluations to meet the demand for
				  forensic evaluations, based in part upon population served and the number of
				  forensic evaluations ordered by the Court, in its catchment area.
(b) Each LME-MCO shall maintain a list of
				  local certified forensic evaluators who are employed by or contracted by the
				  LME-MCO that includes the mh/dd/sa populations for which each evaluator has
				  reported having expertise, based upon their knowledge, skills, and abilities,
				  to conduct forensic evaluations.
(c) The LME-MCO shall verify that each local
				  certified forensic evaluator meets the requirements set forth in Rule .0203 of
				  this Section.
(d) The LME-MCO shall
				  notify the Pre-Trial Evaluation Center of any changes that would result in
				  termination of certification per Rule .0206 of this Section.
(e) The LME-MCO shall maintain a list,
				  including the number of local forensic evaluations done in each county within
				  its catchment area, the forensic evaluator's name and capacity opinion, the
				  date of the evaluation, the defendant's name, gender, and criminal charge, and
				  provide that list to the Pre-Trial Evaluation Center on a monthly
				  basis.
(f) The LME-MCO shall
				  establish a mechanism to ensure a quality management process is included in the
				  LME- MCO's Quality Improvement System for monitoring the provision of forensic
				  evaluator services conducted by the local certified forensic evaluators in its
				  catchment area. For purposes of this Rule, monitoring consists of the
				  interaction between the LME-MCO and local certified forensic evaluator(s)
				  regarding the completion of forensic evaluations ordered by the Court that
				  includes:
(1) identifying an individual who
				  is a local certified forensic evaluator who will monitor the overall quality
				  and outcomes of the reports of forensic evaluations completed by other local
				  forensic evaluators;
(2)
				  establishing a procedure for responding to questions or concerns related to the
				  quality of reports of forensic evaluations completed by local certified
				  forensic evaluators in its catchment area; and
(3) reviewing documentation to ensure
				  compliance with
				  G.S.
				  15A-1002, 10A NCAC .6700, and the rules of
				  this Section.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0206 - TERMINATION OF CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  LME-MCO shall notify the Division in the following circumstances:
(1) the evaluator notifies the LME-MCO in
				  writing that he or she no longer wishes to be certified;
(2) the evaluator no longer meets the
				  eligibility requirements set forth in Rule .0203(a) of this Section;
(3) the Pre-Trial Evaluation Center has
				  notified the LME-MCO the evaluator failed to complete annual continuing
				  education seminars as set forth in Rule .0204 of this Section;
(4) the evaluator fails to perform any of the
				  duties described in Rule .0207 of this Section; or
(5) the Forensic Evaluator notifies the
				  LME-MCO that he or she is no longer a Licensed Clinician.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0200 - TRAINING AND CERTIFICATION OF FORENSIC EVALUATORS › Section 27H .0207 - DUTIES OF A CERTIFIED FORENSIC EVALUATOR

Current through Register Vol. 39, No. 2, July 15, 2024
When a capacity evaluation is ordered by the court, to be
					 conducted through the LME-MCO, the local certified forensic evaluator shall
					 conduct a forensic evaluation or examination of the defendant and shall submit
					 a report to the court that addresses the following:
(1) the defendant's current mental state, his
				  or her capacity to proceed to trial, a treatment recommendation, if any, and if
				  the defendant lacks capacity to proceed, the likelihood that the defendant will
				  gain the capacity to proceed; or
(2) the need for further evaluation of the
				  defendant at the Pre-Trial Evaluation Center if the certified forensic
				  evaluator is unable to reach a conclusion as to the defendant's capacity to
				  proceed to trial.
Authority G.S. 15A
					 1002; 122C-54; 122C-115.4(a); 143B-147;
Eff. July 1,
					 1982;
Amended Eff. June 1, 2018; May 1,
					 1990.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of Rules .0301 through .0309
				  of this Section is to specify the procedures that must be followed in group
				  homes for mentally retarded adults to reduce the risk of hepatitis B
				  transmission to residents and direct care employees.
(b) Rules .0301 through .0309 of this Section
				  apply to group homes for mentally retarded adults that are operated by area
				  programs or contract agencies of area programs.
Authority
					 G.S.
					 143B-147;
Eff. November 1,
					 1985;
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 H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of Rules .0301 through .0309 of this
					 Section the following terms shall have the meanings indicated:
(1) "Direct care employee" means an
				  individual who provides care or habilitation services to residents on a
				  continuous and regularly scheduled basis.
(2) "Group home" means a small community
				  program for mentally retarded or otherwise developmentally disabled adults.
				  Residents of these homes receive services provided on a developmental model
				  designed to promote independence. A group home may be licensed as a family care
				  home, group home for developmentally disabled adults, mental health facility or
				  as a similar facility.
(3)
				  "Hepatitis B carrier" means a person who has been infected with the hepatitis B
				  virus, does not develop immunity (antibodies) to the disease but, instead,
				  continues to be a source of the virus particles (as indicated by hepatitis B
				  surface antigen detectable in the blood) and is potentially infectious to
				  others.
(4) "Screening" means the
				  taking and analyzing of a person's blood sample for the presence or absence of
				  hepatitis B antibodies (indication of immunity) or surface antigen (indication
				  of carrier state).
Authority
					 G.S.
					 143B-147;
Eff. November 1,
					 1985;
Amended Eff. March 1, 1990;
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 H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0303 - CURRENT RESIDENTS AND EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  accordance with the OSHA Bloodborne Pathogens Standard
				  29 CFR
				  1910.1030, even if no resident tests positive
				  for hepatitis B, all current group home employees (including part-time and
				  temporary employees) who provide direct care to clients shall be:
(1) screened for the presence of the
				  hepatitis B virus; and
(2) offered
				  hepatitis B vaccine, at employer expense.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0304 - PROSPECTIVE RESIDENTS AND EMPLOYEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prospective residents and employees of the group home shall be informed that a
				  hepatitis B carrier is, or may at a future time be, residing in the
				  home.
(b) The group home shall
				  screen prospective residents, who have been accepted for admission, for
				  hepatitis B infection prior to admission; and screen and offer hepatitis B
				  vaccine to all persons accepted for employment within the first 10 days of
				  employment.
(c) An applicant for
				  admission to a group home shall not be admitted during the period of time that
				  the applicant is a hepatitis B carrier:
(1)
				  and currently exhibits behaviors, such as biting, scratching or gouging, which
				  may cause breaks in the skin of self or others; or
(2) has special medical problems, such as
				  eczema or other dermatological conditions that increase the risk of others
				  being exposed to the blood or potentially infectious body fluids.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0305 - COST FOR HEPATITIS B PROTECTION

Current through Register Vol. 39, No. 2, July 15, 2024
The screening and vaccination described in Rules .0303 and
					 .0304 of this Section shall be provided by the employer at no cost to the
					 resident or direct care employee.
Authority
					 G.S.
					 143B-147;
Eff. November 1,
					 1985;
Amended Eff. July 1, 1993;
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 H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0306 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Records of all residents and direct care employees shall be
					 up-to-date regarding hepatitis B immunologic status. The record shall also
					 contain information regarding screening, consent or refusal to be vaccinated,
					 vaccination, and booster shots (if indicated).
Authority
					 G.S.
					 143B-147;
Eff. November 1,
					 1985;
Amended Eff. July 1, 1993;
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 H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0307 - PROTECTIONS DURING PREGNANCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Non-immune direct care employees or non-immune residents who are known to be
				  pregnant shall be informed of the risk to the fetus of being exposed to a
				  hepatitis B carrier.
(b) Residents
				  and employees shall be provided information regarding the risk during pregnancy
				  including, but not limited to, the following information:
(1) Risk of transmission of hepatitis B to
				  the fetus appears to be most likely in the last three months of
				  pregnancy.
(2) Infants born to
				  mothers who have acute hepatitis B during the last three months of pregnancy or
				  who are hepatitis B carriers at the time of delivery may become infected before
				  birth (while in the uterus) or at the time of birth.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0308 - PERSONAL HYGIENE/ENVIRONMENTAL PRECAUTIONS: STAFF TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A group home for developmentally disabled
				  persons must provide a safe living environment for residents, as well as a safe
				  working environment for all employees.
(b) Policy and procedures shall be developed
				  in accordance with federal OSHA Bloodborne Pathogens Standard
				  29 CFR
				  1910.1030, and shall include, but not be
				  limited to:
(1) safe work practices;
(2) engineering controls which decrease the
				  chance of occupational exposure to hepatitis B and other bloodborne pathogens;
				  and
(3) employee training, which
				  shall include but not be limited to:
(A)
				  causes and symptoms;
(B) methods of
				  prevention;
(C) personal hygiene
				  (including the monitoring and training of the resident in safe personal
				  hygiene); and
(D) environmental
				  precautions necessary to assure a safe home.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter H - MISCELLANEOUS RULES › Section .0300 - HEPATITIS B SCREENING AND VACCINATION OF RESIDENTS AND VACCINATION OF DIRECT CARE EMPLOYEES IN GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS › Section 27H .0309 - DOCUMENTATION OF COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  area program shall monitor group homes for developmentally disabled persons
				  operated by its contract agencies for compliance with Rules. 0301 through .0308
				  of this Section.
(b) To assure that
				  the contract agency's group homes qualify for the exception regarding
				  admissions specified in
				  10A NCAC
				  13G .0701(b)(5) of the
				  licensure rules for group homes for developmentally disabled adults of the
				  Commission for Social Services, the area program shall furnish documentation of
				  compliance to the appropriate county department of social services.
(c) Documentation of compliance with Rule
				  0303 and .0304 shall indicate that screening for residents has been performed
				  and that other requirements for vaccination either have been met or are
				  scheduled to meet the time frames specified in the rules.
(d) The documentation shall be submitted to
				  the county department of social services at least 45 days prior to the expected
				  initial licensure date or 45 days prior to the licensure renewal
				  date.
Authority
					 G.S.
					 143B-147;
Eff. November 1,
					 1985;
Amended Eff. July 1, 1993;
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 H - MISCELLANEOUS RULES › Section .0400 - CLIENT ELIGIBILITY › Section 27H .0401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The standards in this Section apply to each component of
					 the area program and its contract agencies.
Authority
					 G.S.
					 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. March 26,
					 2017.