reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1300 - RESEARCH PRACTICES › Section 26D .1302 - RESEARCH REVIEW BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Research that
				  involves a client shall be reviewed and approved by a research review board
				  established by the Department.
(b)
				  The research review board shall approve, require modification, or disapprove
				  proposed research projects subject to the approval of the Department.
(c) Individuals who are not directly
				  associated with research projects under consideration shall comprise a majority
				  of the review board.
(d) Each
				  proposed research project shall be presented to a research review board as a
				  written protocol containing the following information:
(1) identification of the project and the
				  investigator;
(2) abstract,
				  containing a short description of the project;
(3) statement of objectives and rationale;
				  and
(4) description of methodology,
				  including informed consent if necessary.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1300 - RESEARCH PRACTICES › Section 26D .1303 - CONDITIONS OF CLIENT PARTICIPATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Informed written consent shall be obtained from each client in a research
				  project as follows:
(1) documentation that the
				  client has been informed of any potential dangers that may exist, and that he
				  understands the conditions of participation; and
(2) notice of the client's right to terminate
				  participation at any time without prejudicing the treatment he is
				  receiving.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1400 - EMERGENCY SERVICES › Section 26D .1401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department shall ensure that
				  emergency mental health and mental retardation services are available to all
				  inmates.
(b) Emergency services
				  provide:
(1) immediate assessment and
				  intervention; and
(2) referral for
				  continuing care after emergency treatment, for inmates experiencing acute
				  emotional or behavioral problems.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1400 - EMERGENCY SERVICES › Section 26D .1402 - TRAINING OF STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall ensure that staff who:
(1) supervise inmates have been trained to
				  access and refer to emergency services; and
(2) provide emergency services are properly
				  trained.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1500 - PREVENTION SERVICES › Section 26D .1501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall develop a process to identify inmates
					 who are:
(1) at risk for developing
				  mental disorders; and
(2) provide
				  counseling, education, instruction and protective living arrangements to
				  enhance their ability to cope in the prison environment.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1600 - INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL › Section 26D .1601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Inpatient units for clients who are
				  mentally ill shall provide close supervision by a qualified mental health
				  professional on a 24-hour basis.
(b) The inpatient unit shall be designed to
				  serve any client who requires continuous treatment for moderate or severe
				  mental illness.
(c) Client care
				  shall be provided under the supervision of a psychiatrist or doctoral level
				  psychologist.
(d) Individuals who,
				  in addition to mental illness, have other disorders such as mental retardation
				  or substance abuse, shall be eligible for admission.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1600 - INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL › Section 26D .1602 - HOURS OF OPERATION

Current through Register Vol. 39, No. 2, July 15, 2024
The inpatient unit shall provide services seven days per
					 week, 12 months per year.
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. June 20,
					 2015.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION › Section .1600 - INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL › Section 26D .1603 - REQUIRED SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Services
				  provided on an inpatient unit shall include, but need not be limited to:
(1) psychiatry;
(2) psychology;
(3) nursing;
(4) social work;
(5) rehabilitation; and
(6) recreational.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Procedures governing the registration of manufacturers,
					 distributors and dispensers of controlled substances pursuant to General
					 Statutes 90-101 to 90-103 are set forth generally by those sections and
					 specifically by the rules of this Section.
Authority
					 G.S.
					 90-100;
					 143B-210(9);
Eff. June 30, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section, the following terms shall have the
					 meanings specified:
(1) The term "act"
				  means the North Carolina Controlled Substances Act (G.S. Chapter 90, Article
				  5).
(2) The term "Commission" means
				  the same as defined in
				  G.S
				  90-87
(3) The term "basic class" means as to
				  controlled substances listed in Schedules I, II and VI:
(a) each of the opiates including its
				  isomers; esters; ethers; salts; and salts of isomers, esters and ethers
				  whenever the existence of such isomers, esters, ethers and salts is possible
				  within the specific chemical designation listed in Schedule I of the North
				  Carolina Controlled Substances Act;
(b) each of the opium derivatives including
				  its salts, isomers and salts of isomers whenever the existence of such salts,
				  isomers and salts of isomers is possible within the specific chemical
				  designation listed in Schedule I of the North Carolina Controlled Substances
				  Act;
(c) each of the hallucinogenic
				  substances including its salts, isomers and salts of isomers whenever the
				  existence of such salts, isomers and salts of isomers is possible within the
				  specific chemical designation listed in Schedule I of the North Carolina
				  Controlled Substances Act;
(d) each
				  of the following substances whether produced directly or indirectly by
				  extraction from substances of vegetable origin or independently by means of
				  chemical synthesis or by a combination of extraction and chemical synthesis:
(i) opium including raw opium, opium
				  extracts, opium fluid extracts, powdered opium, granulated opium, deodorized
				  opium and tincture of opium;
(ii)
				  apomorphine;
(iii)
				  ethylmorphine;
(iv)
				  hydrocodone;
(v)
				  hydromorphone;
(vi)
				  metopon;
(vii) morphine;
(viii) oxycodone;
(ix) oxymorphone;
(x) thebaine;
(xi) mixed alkaloids of opium listed in
				  Schedule I of the North Carolina Controlled Substances Act;
(xii) cocaine; and
(xiii) ecgonine;
(e) each of the opiates including its
				  isomers; esters; ethers; salts; and salts of isomers, esters and ethers
				  whenever the existence of such isomers, esters, ethers and salts is possible
				  within the specific chemical designation listed in Schedule II of the North
				  Carolina Controlled Substances Act; and
(f) methamphetamine including its salts,
				  isomers and salts of isomers when contained in any injectable liquid.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0103 - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Information regarding procedures under these rules and
					 instructions supplementing these rules will be furnished upon request by
					 writing to the director.
Authority
					 G.S.
					 90-100;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0104 - PERSONS REQUIRED TO REGISTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  who manufactures, distributes or dispenses any controlled substance or uses any
				  controlled substance for the purpose of the initial and maintenance training of
				  drug detection dogs or who proposes to engage in the manufacture, distribution
				  or dispensing of any controlled substance or use of any controlled substance
				  for the purpose of the initial and maintenance training of drug detection dogs
				  in this state shall obtain annually a registration unless exempted by law or
				  pursuant to Rules .0109-.0111 of this Section.
(b) Only persons actually engaged in such
				  activities are required to obtain a registration; related or affiliated persons
				  who are not engaged in such activities are not required to be registered. (For
				  example, a stockholder or parent corporation of a corporation manufacturing
				  controlled substances is not required to obtain a registration.)
(c) Any person applying for registration or
				  re-registration shall file, annually, an application for registration with the
				  Department of Health and Human Services and submit the required nonrefundable
				  fee with the application. Categories of applicants and the annual fee for each
				  category are as follows:
CATEGORY
FEE
(1) Clinic
125.00
(2) Hospital
300.00
(3) Nursing Home
100.00
(4) Teaching Institution
100.00
(5) Researcher
125.00
(6) Analytical Laboratory
100.00
(7) Distributor
500.00
(8) Manufacturer
600.00
(9) Office-Based Opioid Treatment
0.00
(10) Dog Handler
125.00
(d) For any person applying for registration
				  at least six months or less prior to the end of the fiscal year, the required
				  annual fee submitted with the application shall be reduced by one-half of the
				  above listed fee for each category.
Authority
					 G.S.
					 90-100;
					 90-101;
					 90-102.1;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. February 23, 2005; January 1,
					 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0105 - SEPARATE REGISTRATION FOR INDEPENDENT ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  following groups of activities are deemed to be independent of each other:
(1) manufacturing controlled
				  substances;
(2) distributing
				  controlled substances;
(3)
				  dispensing controlled substances listed in Schedules II through V;
(4) conducting research [other than research
				  described in Subparagraph (6) of this Paragraph] with controlled substances
				  listed in Schedules II through V;
(5) conducting instructional activities with
				  controlled substances listed in Schedule II through V;
(6) conducting research with narcotic drugs
				  listed in Schedules II through V for the purpose of continuing the dependence
				  on such drugs of a narcotic drug dependent person in the course of conducting
				  an authorized clinical investigation in the development of a narcotic addict
				  rehabilitation program pursuant to a notice of claims investigational exemption
				  for a new drug approved by the Food and Drug Administration;
(7) conducting research and instructional
				  activities with controlled substances listed in Schedules I and VI;
(8) conducting chemical analysis with
				  controlled substances listed in any schedule;
(9) dispensing of controlled substances in
				  Schedules III-V for opioid treatment; and
(10) possessing or training with controlled
				  substances for the purpose of providing a commercial detection
				  service.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0106 - TRAINING AND QUALIFICATION REQUIREMENTS FOR DOG HANDLERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  individual applying for registration as a dog handler shall demonstrate
				  competence in the field of drug detection dog training and handling. The
				  applicant shall demonstrate competence by achieving certification as a drug
				  detection dog handler from an approved canine certification association
				  pursuant to
				  G.S.
				  90-102.1 and as set forth in Rule .0107 of
				  this Section.
(b) The applicant
				  shall submit proof to the Department of Health and Human Services (DHHS) of a
				  Drug Enforcement Administration registration or pending application.
(c) The applicant shall submit documentation
				  to DHHS verifying current certification as a drug detection dog handler from an
				  approved canine certification association as set forth in Rule .0107 of this
				  Section
(d) The applicant shall
				  submit to DHHS five letters of reference showing the applicant is of good moral
				  character and temperate habits in accordance with
				  G.S.
				  90-102.1.
(e) Pursuant to
				  G.S.
				  90-102.1, the Department of Justice may
				  provide a criminal record check to the DHHS for an individual who applies for a
				  new or renewal registration. The applicant shall comply with the criminal
				  record check including the use of his or her fingerprints and shall incur any
				  costs associated with the criminal record check.
Authority
					 G.S.
					 90-102.1; S.L. 2003-398;
Eff.
					 February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0107 - APPROVAL OF CANINE CERTIFICATION ASSOCIATIONS BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  of Health and Human Services shall approve a canine certification association
				  that requests approval and meets the requirements as set forth in this
				  Rule.
(b) Each canine certification
				  association shall utilize certification standards that require the dog handler
				  to demonstrate competence in the following areas:
(1) basic canine obedience;
(2) canine safety;
(3) drug detection; and
(4) legal aspects of searches and controlled
				  substances identification.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0108 - SEPARATE REGISTRATION FOR SEPARATE LOCATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  separate registration is required for each principal place of business or
				  professional practice at any one general physical location where controlled
				  substances are manufactured, distributed or dispensed by a person.
(b) The following location shall be deemed
				  not to be a place where controlled substances are manufactured, distributed or
				  dispensed by a person: an office used by agents of a registrant where sales of
				  controlled substances are solicited, made or supervised but which neither
				  contains such substances (other than substances for display purposes or lawful
				  distribution as samples only) nor serves as a distribution point for filling
				  sales orders.
Authority
					 G.S.
					 90-100;
					 90-101;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990;
Recodified from
					 10A NCAC
					 26E .0106 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0109 - EXEMPTION OF AGENTS AND EMPLOYEES: AGENTS OF MANUFACTURERS

Current through Register Vol. 39, No. 2, July 15, 2024
The requirement of registration is waived for any agent or
					 employee of a person who is registered to engage in any group of independent
					 activities if such agent or employee is acting in the usual course of his
					 business or employment.
Authority
					 G.S.
					 90-100;
					 90-101;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. September 30, 1978;
Recodified from
					 10A NCAC
					 26E .0107 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0111 - EXEMPTION OF LAW ENFORCEMENT OFFICIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirement of registration is waived for the following persons in the
				  circumstances described in this Rule:
(1) any
				  person employed by the following agencies who is lawfully engaged in the
				  enforcement of any North Carolina or federal law relating to controlled
				  substances, drugs or customs and is duly authorized to possess controlled
				  substances in the course of his official duties: the Department of Health and
				  Human Services, the North Carolina Department of Justice, the North Carolina
				  Board of Pharmacy, the Drug Enforcement Administration, the United States
				  Bureau of Customs and the United States Food and Administration;
(2) any dog handler who is employed or under
				  contract to a North Carolina law enforcement agency and any other person
				  specified in
				  G.S.
				  90-101(c)(5);
(3) any person employed by any political
				  subdivision of the State who is engaged in the enforcement of any state or
				  local law relating to controlled substances and who is duly authorized to
				  possess controlled substances in the course of his official duties;
				  or
(4) any official of the United
				  States Army, Navy, Marine Corps, Air Force, Coast Guard or Public Health
				  Service who is authorized to prescribe, dispense or administer but not to
				  procure or purchase controlled substances in the course of his official duties.
				  Such officials shall follow procedures set forth in Section .0400 of this
				  Subchapter regarding prescriptions but shall state the branch of service or
				  agency (e.g., United States Army or Public Health Service) and the service
				  identification number of the issuing official in lieu of the registration
				  number required on prescription forms. The service identification number of a
				  Public Health Service officer is his social security number.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0114 - FILING OF APPLICATION: JOINT FILINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  applications for registration shall be submitted for filing to the
				  Director.
(b) Any person required
				  to obtain more than one registration may submit all applications in one
				  package. Each application must be complete and shall not refer to any
				  accompanying application for required information.
Authority
					 G.S.
					 90-100;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15,
					 1979;
Recodified from
					 10A NCAC
					 26E .0112 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0115 - ACCEPTANCE FOR FILING: DEFECTIVE APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applications submitted for filing are dated upon receipt. If found to be
				  complete, the application will be accepted for filing. Applications failing to
				  comply with the requirements of this part will not generally be accepted for
				  filing. In the case of minor defects as to completeness, the director may
				  accept the application for filing with a request to the applicant for
				  additional information. A defective application will be returned to the
				  applicant within 10 days following its receipt with a statement of the reason
				  for not accepting the application for filing. A defective application may be
				  corrected and resubmitted for filing at any time; the director shall accept for
				  filing any application upon resubmission by the applicant whether complete or
				  not.
(b) Accepting an application
				  for filing does not preclude any subsequent request for additional information
				  pursuant to .0114 of this Subchapter and has no bearing on whether the
				  application will be accepted except as provided in
				  General
				  Statutes 90-102(c) and
				  (d).
Authority
					 G.S.
					 90-100;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979; September 30,
					 1978;
Recodified from
					 10A NCAC
					 26E .0113 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0116 - ADDITIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
The director may require an applicant other than one
					 registered under federal law to submit such documents or written statements of
					 facts relevant to the application as he deems necessary to determine whether
					 the application should be accepted. The failure of the applicant to provide
					 such documents or statements within 60 days after being requested to do so
					 shall be deemed to be a waiver by the applicant of an opportunity to present
					 such documents or statements for consideration by the director granting or
					 denying the application.
Authority
					 G.S.
					 90-100;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15, 1979;
					 September 30, 1978;
Recodified from
					 10A NCAC
					 26E .0114 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0117 - AMENDMENTS TO AND WITHDRAWAL OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  application may be amended or withdrawn without permission of the director at
				  any time before the date on which the applicant receives an order to show cause
				  pursuant to .0119 of this Section or before the date on which a notice of
				  hearing on the application is published pursuant to Rule .0117 of this Section,
				  whichever is sooner.
(b) After an
				  application has been accepted for filing, the failure by the applicant to
				  respond to official correspondence regarding the application when sent by
				  registered or certified mail, return receipt requested, shall be deemed to be a
				  withdrawal of the application.
Authority
					 G.S.
					 90-100;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 15, 1979; September 30,
					 1978;
Recodified from
					 10A NCAC
					 26E .0115 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0118 - ADMINISTRATION REVIEW GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
The director may inspect or cause to be inspected the
					 establishment of an applicant or registrant pursuant to Section .0500 of this
					 Subchapter. The director shall review the application for registration and any
					 other information concerning the applicant or registrant in order to determine
					 whether the applicable standards of
					 G.S.
					 90-102 have been met by the
					 applicant.
Authority
					 G.S.
					 90-104;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979;
Recodified from
					 10A NCAC
					 26E .0116 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0119 - CERTIFICATE OF REGISTRATION: DENIAL OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  director shall issue a certificate of registration (Commission for Mental
				  Health, Developmental Disabilities and Substance Abuse Services Form 223) to an
				  applicant if the issuance of registration or re-registration is required under
				  the applicable provisions of
				  G.S.
				  90-102. Before denying any application, the
				  director shall issue an order to show cause pursuant to Rule .0121 of this
				  Section and shall hold a hearing on the application pursuant to Rule .0122 of
				  this Section.
(b) The certificate
				  of registration (Commission for Mental Health, Developmental Disabilities and
				  Substance Abuse Services Form 223) shall contain the name, address and
				  registration number of the registrant, the activity authorized by the
				  registration, the schedules or Drug Enforcement Administration controlled
				  substances code number of the controlled substances which the registrant is
				  authorized to handle and the expiration date of the registration.
(c) The registrant shall maintain the
				  certificate of registration at the registered location in a readily retrievable
				  manner and shall permit inspection of the certificate by an official, agent or
				  employee of the Department of Health and Human Services or any federal or state
				  agency engaged in enforcement of laws relating to controlled
				  substances.
Authority
					 G.S.
					 90-100;
					 90-103;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15, 1979;
					 September 30, 1978;
Recodified from
					 10A NCAC
					 26E .0117 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0120 - SUSPENSION OR REVOCATION OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission may suspend any registration pursuant to
				  G.S.
				  90-103(a) and (d). Where the
				  Commission suspends a registration under
				  G.S.
				  90-103(d), the hearing on
				  such suspension must be held no later than 60 days after the original date of
				  suspension.
(b) The Commission may
				  revoke any registration pursuant to
				  G.S.
				  90-103(a).
(c) Before revoking or suspending any
				  registration, the Commission shall issue an order to show cause pursuant to
				  Rule .0121 of this Section. Notwithstanding the requirements of this Section,
				  however, the Commission may suspend any registration pending a final order
				  pursuant to Rule .0119 of this Section.
(d) Upon service of the order of the
				  Commission suspending or revoking registration, the registrant shall
				  immediately deliver his certificate of registration and any order forms in his
				  possession to the Raleigh office of the Director. Also upon service of the
				  order of the Commission revoking registration, the registrant shall, as
				  instructed by the Commission:
(1) deliver all
				  controlled substances in his possession to the Raleigh office of the
				  Director.
(2) place all controlled
				  substances in his possession under seal as described in
				  G.S.
				  90-103(e).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0121 - SUSPENSION OF REGISTRATION PENDING FINAL ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Commission may suspend any registration simultaneously with or at any time
				  subsequent to the service upon the registrant of an order to show cause why
				  such registration should not be revoked or suspended in any case where it finds
				  that there is an imminent danger to the public health or safety. If the
				  Commission so suspends, it shall serve with the order to show cause pursuant to
				  Rule .0121 of this Section an order of immediate suspension which shall contain
				  a statement of its findings regarding the danger to public health or
				  safety.
(b) Upon service of the
				  order of immediate suspension, the registrant shall promptly return his
				  certificate of registration and any order forms in his possession to the
				  Raleigh office of Director. Upon service of the order of the Director
				  immediately suspending registration, the registrant shall, as instructed by the
				  Commission:
(1) deliver all affected
				  controlled substances in his possession to the Raleigh office of the Director,
				  or
(2) place all such substances
				  under seal as described in
				  G.S.
				  90-103(3).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0122 - EXTENSION OF REGISTRATION PENDING FINAL ORDER

Current through Register Vol. 39, No. 2, July 15, 2024
In the event that an applicant for registration (who is
					 operating under a registration previously granted and not revoked or suspended)
					 has applied for registration at least 45 days before the date on which the
					 existing registration is due to expire and the director has issued no order on
					 the application on the date on which the existing registration is due to
					 expire, the existing registration of the applicant shall automatically be
					 extended and continue in effect until the date on which the director so issues
					 his order. The director may extend any other existing registration under the
					 circumstances contemplated in this Rule even though the registrant failed to
					 apply for registration at least 45 days before expiration of the existing
					 registration, with or without request by the registrant, if the director finds
					 that such extension is not inconsistent with the public health and
					 safety.
Authority
					 G.S.
					 90-100;
					 90-103;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979; September 30,
					 1978;
Recodified from
					 10A NCAC
					 26E .0120 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0123 - ORDER TO SHOW CAUSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If, upon
				  examination of the application for registration from any applicant and other
				  information gathered by the director regarding the applicant, the director is
				  unable to make the determinations required by the applicable provisions of
				  G.S.
				  90-102 to register the applicant, the
				  Commission shall serve upon the applicant an order to show cause why the
				  registration should not be denied.
(b) If, upon information gathered by the
				  Commission regarding any registrant, the director determines that the
				  registration of such registrant is subject to suspension or revocation pursuant
				  to G.S.
				  90-103, the Commission shall serve upon the
				  registrant an order to show cause why the registration should not be revoked or
				  suspended.
(c) The order to show
				  cause shall call upon the applicant or registrant to appear before the director
				  at a time and place stated in the order which shall not be less than 30 days
				  after the date of receipt of the order. The order to show cause shall also
				  contain a statement of the legal basis for such hearing and for the denial,
				  revocation or suspension of registration and a summary of the matters of fact
				  and law asserted.
(d) When
				  authorized by the Commission, any agent of the Department of Health and Human
				  Services may serve the order to show cause.
(e) All show cause hearings shall be
				  conducted according to the Administrative Procedure Act, G.S. 150B, Article
				  3.
Authority
					 G.S.
					 90-100;
					 90-103;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15,
					 1979;
Recodified from
					 10A NCAC
					 26E .0121 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0124 - HEARINGS GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
In a case where the Commission shall hold a hearing on any
					 registration or application, the hearing officer shall follow the requirements
					 of the Administrative Procedure Act, Chapter 150B, Article 3.
Authority
					 G.S.
					 90-100;
					 90-102;
					 90-103;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15,
					 1979
Recodified from
					 10A NCAC
					 26E .0122 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0125 - MODIFICATION IN REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any registrant may apply to modify his registration to
					 authorize the handling of additional controlled substances by submitting a
					 letter of request to the director. The letter shall contain the registrant's
					 name, address, registration number and the substances and schedules to be added
					 to his registration. If the registrant is seeking to handle additional
					 controlled substances listed in Schedules I and VI for the purpose of research
					 or instructional activities, he shall attach evidence of federal registration
					 to conduct research with such controlled substances. The request for
					 modification shall be handled in the same manner as an application for
					 registration. If the modification and registration is approved, the director
					 shall issue a new certificate of registration (Commission for Mental Health,
					 Developmental Disabilities and Substance Abuse Services Form 223) to the
					 registrant, who shall maintain it with the old certificate of registration
					 until expiration.
Authority
					 G.S.
					 90-100;
					 143B-147(a)(5);
Eff. June 30, 1978;
Amended Eff. May 1, 1990; May 15,
					 1979;
Recodified from
					 10A NCAC
					 26E .0123 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0126 - TERMINATION OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
The registration of any person shall terminate if and when
					 such person dies, ceases legal existence, discontinues business or professional
					 practice or changes his name or address as shown on the certificate of
					 registration. Any registrant who ceases legal existence, discontinues business
					 or professional practice or changes his name or address as shown on the
					 certificate of registration shall notify the director promptly of such fact. In
					 the event of a change in name or address, the person may apply for a new
					 certificate of registration in advance of the effective date of such change by
					 filing an application. The application shall be handled in the same manner as
					 an application for registration.
Authority
					 G.S.
					 90-100;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979;
Recodified from
					 10A NCAC
					 26E .0124 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0127 - TRANSFER OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
No registration or any authority conferred thereby shall be
					 assigned or otherwise transferred except upon such conditions as the director
					 may specifically designate and then only pursuant to his written
					 consent.
Authority
					 G.S.
					 90-100;
					 143B-210(9);
Eff. June 30, 1978;
Amended Eff. May 15, 1979;
Recodified from
					 10A NCAC
					 26E .0125 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0128 - EXEMPTION FROM REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirement of registration is waived for homes for the aged and infirm and for
				  agents and employees of homes for aged and infirm so long as such agents or
				  employees are acting in the usual course of their business or
				  employment.
(b) The requirement of
				  registration is waived for community based residential programs that have nine
				  or fewer beds for individuals who are mentally ill, mentally retarded or
				  developmentally disabled and for agents and employees of community based
				  residential programs that have nine or fewer beds for individuals who are
				  mentally ill, mentally retarded or developmentally disabled so long as such
				  agents or employees are acting in the course of their business or
				  employment.
Authority
					 G.S.
					 90-100;
					 90-101(d);
					 143B-147;
Eff. June
					 30, 1978;
Amended Eff. May 1, 1990; August 1, 1985;
Recodified from
					 10A NCAC
					 26E .0126 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 26 - MENTAL HEALTH, GENERAL › Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES › Section .0100 - REGISTRATION OF MANUFACTURERS: DISTRIBUTORS: AND DISPENSERS OF CONTROLLED SUBSTANCES › Section 26E .0129 - SECURITY REQUIREMENTS GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				  person who manufactures, distributes, dispenses, or conducts research with any
				  controlled substance shall comply with Part 1301 of Title 21 of the Code of
				  Federal Regulations, which sets forth security requirements.
(b) This compliance shall be deemed in
				  compliance with
				  G.S.
				  90-100,
				  G.S.
				  90-101(a) and
				  G.S.
				  90-102(a), Article
				  5.
Authority
					 G.S.
					 90-100;
					 143B-147;
Eff. July
					 1, 1994;
Recodified from
					 10A NCAC
					 26E .0127 Eff. February 1, 2005;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 2,
					 2016.