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 .0400 - ORGANIZATIONAL RELATIONS › Section 26D .0401 - COORDINATION OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall develop and implement procedures to
					 facilitate cooperative working relationships between the staff of mental health
					 and mental retardation services, custody personnel, and other service staff to
					 facilitate the provision of services for inmates who are mentally ill or
					 mentally retarded.
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 .0400 - ORGANIZATIONAL RELATIONS › Section 26D .0402 - INFORMATION AND OUTREACH SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall provide, to correctional staff,
					 information designed to promote awareness of mental health and mental
					 retardation services available to inmates within the
					 Department.
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 .0400 - ORGANIZATIONAL RELATIONS › Section 26D .0403 - AGREEMENT WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall have a written agreement with the
					 Department of Health and Human Services regarding mutual responsibilities for
					 mental health and mental retardation services to inmates under Department
					 supervision.
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 .0500 - QUALITY ASSURANCE › Section 26D .0501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Quality assurance shall be a continuing
				  responsibility of the Department and each service delivery site that offers
				  mental health and mental retardation services.
(b) Quality assurance activities shall
				  include, but need not be limited to:
(1)
				  clinical and professional supervision and privileging;
(2) client care evaluation studies;
(3) record review;
(4) utilization and peer review;
(5) employee education and
				  training;
(6) program evaluation;
				  and
(7) evidence of corrective
				  action.
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 .0500 - QUALITY ASSURANCE › Section 26D .0502 - QUALITY ASSURANCE PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall establish and implement a written quality assurance plan for mental
				  health and mental retardation services that describes how quality assurance
				  activities will be carried out.
(b)
				  Quality assurance activities shall include, but need not be limited to, the
				  following:
(1) an objective and systematic
				  process for monitoring and evaluating the quality and appropriateness of client
				  care, incorporating a review of significant incidents, which may include but
				  need not be limited to, suicides, sudden deaths, and major assaults;
(2) a written plan of professional and
				  clinical supervision describing such activities and how they shall be carried
				  out;
(3) the establishment and
				  implementation of program evaluation activities;
(4) the strategies for improving client care;
				  and
(5) evidence of corrective
				  action.
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 .0500 - QUALITY ASSURANCE › Section 26D .0503 - QUALITY ASSURANCE COMMITTEE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall have a quality assurance committee which shall be comprised
				  of:
(1) representation from mental health and
				  mental retardation service areas;
(2) a qualified record manager;
(3) a nurse;
(4) a psychologist;
(5) a psychiatrist; and
(6) a social worker.
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 .0500 - QUALITY ASSURANCE › Section 26D .0504 - CLIENT CARE EVALUATION STUDIES

Current through Register Vol. 39, No. 2, July 15, 2024
The quality assurance committee shall ensure that at least
					 one client care evaluation study of issues, relevant to the improvement of
					 services to clients, is completed during each fiscal 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 .0500 - QUALITY ASSURANCE › Section 26D .0505 - CLIENT RECORD REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
The quality assurance committee shall establish, implement
					 and document the criteria, procedure and methodology for client record reviews
					 for completeness and adequacy, as delineated in Section .0700 of these
					 Rules.
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 .0500 - QUALITY ASSURANCE › Section 26D .0506 - SUPERVISION OF MENTAL HEALTH AND MENTAL RETARDATION STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Department shall implement a written plan of supervision for staff who are
				  not qualified mental health or mental retardation professionals, as defined in
				  Rule .0103 of this Subchapter, and who provide mental health or mental
				  retardation services.
(b) The
				  Department shall ensure that:
(1) each mental
				  health staff member who provides services, and who is not qualified in that
				  service area, shall have an individual contract of supervision with a qualified
				  mental health professional; and
(2)
				  each mental retardation staff member shall be supervised by, or have access to,
				  the professional supervision of a qualified mental retardation
				  professional.
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 .0500 - QUALITY ASSURANCE › Section 26D .0507 - PRIVILEGING OF ALL PROFESSIONAL STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall ensure that the qualifications of each mental health and
				  mental retardation professional are examined, and a determination is made as to
				  treatment or habilitation privileges granted and supervision needed.
(b) Delineation of privileges shall be based
				  on documented verification of the individual's competence, training, experience
				  and licensure.
(c) The privileging
				  process shall be reviewed and approved by the Department's quality assurance
				  committee.
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 .0500 - QUALITY ASSURANCE › Section 26D .0508 - EMPLOYEE EDUCATION AND TRAINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall:
(1) provide or secure
				  orientation programs and annual continuing education and training for employees
				  to enhance their competencies and knowledge needed to administer, manage, and
				  deliver quality mental health and mental retardation services; and
(2) assure the maintenance of an ongoing
				  record of all education and training activities provided or secured for
				  employees.
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 .0500 - QUALITY ASSURANCE › Section 26D .0509 - PROGRAM EVALUATION ACTIVITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall implement program evaluation activities.
(b) These activities shall reflect the
				  evaluation of program quality, effectiveness and efficiency in such areas as
				  the:
(1) impact of the program in reducing
				  readmissions;
(2) availability and
				  accessibility of services;
(3)
				  impact of services upon the clients within the service area;
(4) patterns of use of service; and
(5) cost of the program operation.
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 .0500 - QUALITY ASSURANCE › Section 26D .0510 - QUALITY ASSURANCE ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall make available, to the DHHS review team, a written annual
				  report summarizing the activities and recommendations of the quality assurance
				  committee.
(b) This report shall
				  include, at a minimum, the following functional areas:
(1) client care evaluation studies;
(2) client record reviews;
(3) utilization and peer reviews;
(4) clinical supervision;
(5) employee education and training
				  activities; and
(6) the results of
				  program evaluation.
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 .0600 - FACILITIES MANAGEMENT › Section 26D .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to each service delivery
					 site within the Department and to any other provider of services on a
					 contractual basis.
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 .0600 - FACILITIES MANAGEMENT › Section 26D .0602 - EXPIRED - BUILDINGS AND GROUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 148-19(d);
Eff.
					 January 4, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule expired July 1,
					 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 .0600 - FACILITIES MANAGEMENT › Section 26D .0603 - SPACE REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Space shall be
				  provided to facilitate the delivery of mental health and mental retardation
				  services.
(b) Each client in an
				  inpatient mental health unit shall be housed in a single cell.
(c) Each client in a residential treatment
				  program shall have a minimum of 50 square feet of living space; e.g., if two
				  clients are housed in the living space, the minimum shall be 100 square
				  feet.
(d) Each service delivery
				  site shall have private space for interviews and conferences with
				  clients.
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 .0600 - FACILITIES MANAGEMENT › Section 26D .0604 - ADDITIONAL REQUIREMENTS FOR RESIDENTIAL/INPATIENT UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each residential and inpatient unit
				  providing mental health or mental retardation services shall have indoor space
				  for group activities and gatherings.
(b) The space in which therapeutic and
				  habilitative activities are routinely conducted shall be separate from sleeping
				  areas.
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 .0700 - CLIENT RECORDS › Section 26D .0701 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to each
				  service delivery site and to any other provider of services on a contractual
				  basis, unless otherwise specified in this Section.
(b) This Section applies to the management of
				  client information which is generated by a service delivery site during the
				  period of time that treatment or habilitation services are rendered to
				  clients.
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 .0700 - CLIENT RECORDS › Section 26D .0702 - STANDARD CLIENT RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				  shall develop and maintain a standard client record for each client who
				  receives mental health or mental retardation treatment or habilitation
				  services.
(b) The same forms and
				  filing format shall be utilized within each disability.
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 .0700 - CLIENT RECORDS › Section 26D .0703 - RECORD REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A written
				  client record shall be maintained for each client, and shall contain, at a
				  minimum, the following identifying information:
(1) name;
(2) record number;
(3) date of birth;
(4) race, sex, and marital status;
(5) admission date; and
(6) discharge date.
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 .0700 - CLIENT RECORDS › Section 26D .0704 - CONFIDENTIALITY OF CLIENT RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  information contained in the client record shall be considered privileged and
				  confidential, with the exception of matters of public record, as set forth in
				  5 NCAC
				  02D .0600.
(b) The Department shall ensure
				  confidentiality of client records during their use, transportation, and
				  storage.
(c) The Department shall
				  ensure that information contained in client records is released upon the
				  written authorization of the client, in accordance with other Department Rules,
				  or as set forth in the provisions of
				  G.S.
				  122C-55(c).
(d) Employees governed by the State Personnel
				  Act, G.S. 126, are subject to suspension, dismissal or disciplinary action for
				  failure to comply with the rules in this Subchapter.
(e) The Department shall inform all
				  employees, students, volunteers, and all other individuals with access to
				  confidential information, the provisions of the rules in this Subchapter. Such
				  individuals with access to confidential information shall sign a statement of
				  understanding and compliance.
(f)
				  Records shall be protected against loss, tampering, or use by unauthorized
				  persons.
(g) Records shall be
				  readily accessible to authorized users at all times.
(h) When consent for release of information
				  is obtained, a time-limited consent, not to exceed one year, shall be
				  utilized.
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 .0700 - CLIENT RECORDS › Section 26D .0705 - DIAGNOSTIC CODING

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall code diagnoses for clients using the
					 following diagnostic systems:
(1)
				  Mental illness or mental retardation shall be diagnosed according to the
				  Diagnostic and Statistical Manual of Mental Disorders, 4th Edition - Revised
				  (DSM-IV-R).
(2) Physical disorders
				  shall be diagnosed according to Interational Classification of Diseases, 9th
				  Revision, Clinical Modification (ICD-9-CM).
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 .0700 - CLIENT RECORDS › Section 26D .0706 - CLIENT RECORD AVAILABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall ensure that client records are
					 available to professional staff for a minimum of three years following the
					 inmate's release. This shall apply to previous
					 incarcerations.
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 .0800 - SERVICE ELIGIBILITY › Section 26D .0801 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section apply to each service delivery
					 site within the Department and to any other provider of services on a
					 contractual basis.
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 .0800 - SERVICE ELIGIBILITY › Section 26D .0802 - SERVICE CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall ensure the development of service
					 criteria for mental health and mental retardation services. These criteria
					 shall be communicated to inmates and staff.
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 .0800 - SERVICE ELIGIBILITY › Section 26D .0803 - SCREENING

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall develop a systematic means of
					 screening each inmate referred for services to determine his need for services,
					 and designate staff qualified to make screening
					 determinations.
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 .0800 - SERVICE ELIGIBILITY › Section 26D .0804 - WAITING LISTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall establish criteria for prioritizing
					 service delivery and use of waiting lists for mental health and mental
					 retardation services.
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 .0800 - SERVICE ELIGIBILITY › Section 26D .0805 - INFORMATION REGARDING AVAILABILITY TO SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall ensure that each inmate is informed
					 how to access mental health and mental retardation services.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0901 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to each
				  service delivery site within the Department and to any other provider of
				  services on a contractual basis.
(b) The process of treatment or habilitation
				  shall incorporate activities and procedures that address the client's assets
				  and needs from the point of initial contact, through active treatment or
				  habilitation, and after discharge from treatment.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0902 - ADMISSION ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An admission
				  note shall be completed within 24 hours of admission which includes, but need
				  not be limited to:
(1) reason for
				  admission;
(2) present condition of
				  the client reported in objective, behavioral terms, and when possible, a
				  description of the client's condition by others;
(3) diagnostic impression, including a
				  provisional or admitting diagnosis;
(4) determination of and request for
				  additional referrals or special diagnostic tests, assessments or evaluations,
				  if needed; and
(5) a preliminary
				  individual treatment or habilitation plan.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0903 - EVALUATION AND DIAGNOSIS

Current through Register Vol. 39, No. 2, July 15, 2024
Each service delivery site shall document, for each client,
					 any routine diagnostic tests, assessments and evaluations, or medical
					 examinations, as well as time frames for their completion.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0904 - TREATMENT OR HABILITATION PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each service
				  delivery site shall develop an individualized treatment or habilitation plan
				  for each client based upon:
(1) an evaluation
				  of his condition, assets and needs; and
(2) information gathered during the admission
				  assessment process.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0905 - PROGRESS NOTES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Progress notes
				  shall be recorded at least on a weekly basis in residential and inpatient
				  services and following each scheduled appointment in outpatient
				  services.
(b) Progress notes shall
				  reflect the client's progress or lack of progress:
(1) in meeting goals;
(2) in staff interventions;
(3) regarding information which may have a
				  significant impact on the client's condition; and
(4) when indicating reviews of relevant
				  laboratory reports and actions taken.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0906 - TRANSFER OR DISCHARGE SUMMARY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Whenever a
				  client is transferred to a different level of service, a written transfer note
				  by the referring unit shall accompany the client summarizing the client's
				  condition at the time of transfer, and any recommendations for continued
				  care.
(b) A qualified professional
				  in the receiving unit shall evaluate the client to determine the need for
				  continued treatment or habilitation.
(c) At the time of discharge, a discharge
				  summary shall be completed and shall include:
(1) the reason for admission;
(2) course and progress of the client in
				  relation to the goals and strategies in the individual treatment or
				  habilitation plan;
(3) condition of
				  the client at discharge;
(4)
				  recommendations and arrangements for further services or treatment;
				  and
(5) final diagnosis.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0907 - TREATMENT AND HABILITATION COORDINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Coordination shall be maintained among all staff members contributing to the
				  evaluation, planning, and treatment and habilitation efforts for each
				  client.
(b) Each service delivery
				  site, utilizing shifts or relief staff, shall develop mechanisms to ensure
				  adequate communication among staff regarding clients.
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 .0900 - TREATMENT AND HABILITATION › Section 26D .0908 - RELEASE PLANNING IN RESIDENTIAL AND INPATIENT SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  When release of a client can be anticipated and the need for continued
				  treatment has been identified, each client shall have a written individualized
				  aftercare plan.
(b) The aftercare
				  plan shall:
(1) be formulated by qualified
				  professionals;
(2) inform the
				  client of how and where to receive treatment or habilitation
				  services;
(3) identify continuing
				  treatment or habilitation needs; addressing issues, such as food, housing, and
				  employment;
(4) indicate the need
				  and the plan, if applicable, to involuntarily commit (inpatient or
				  outpatient);
(5) involve the
				  respective area program or state facility, when indicated;
(6) address the procurement and availability
				  of medication prescribed for mental health problems for the released client,
				  regardless of his ability to pay;
(7) address the use and coordination of
				  generic resources in the community, which may be through Employment Security
				  Services, Vocational Rehabilitation Services, community colleges, and YMCA;
				  and
(8) be provided to the
				  client.
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 .1000 - CLINICAL SERVICES › Section 26D .1001 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to each
				  service delivery site, and to any other provider of services on a contractual
				  basis that incorporates clinical services in their activities.
(b) The provision of clinical services shall
				  be provided by qualified mental health professionals as an essential component
				  of the treatment or habilitation process, to include but not limited to:
(1) individual and group
				  counseling;
(2) psychotherapy
				  services;
(3) testing services;
				  and
(4) specialized therapies of
				  various kinds.
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 .1000 - CLINICAL SERVICES › Section 26D .1002 - COUNSELING AND PSYCHOTHERAPY SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Individual, group and family counseling, and psychotherapy
					 shall be provided by, or under the direct supervision of, qualified
					 professionals who have received training in these treatment or habilitation
					 modalities.
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 .1000 - CLINICAL SERVICES › Section 26D .1003 - SPECIALIZED THERAPIES

Current through Register Vol. 39, No. 2, July 15, 2024
The following shall be provided by, or under the direct
					 supervision of, staff licensed or registered to perform these
					 activities:
(1) medical
				  care;
(2) physical, occupational,
				  or language and communication therapy; and
(3) nursing care.
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 .1000 - CLINICAL SERVICES › Section 26D .1004 - TESTING SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Individuals, who are privileged to utilize the particular
					 testing instrument being administered, shall perform testing on each client,
					 who is referred by a clinician, in the areas of:
(1) psychology;
(2) development;
(3) education; and
(4) intelligence.
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 .1100 - MEDICATION SERVICES › Section 26D .1101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to each
				  service delivery site and to any other provider of services on a contractual
				  basis that provide medication services.
(b) Any client who is placed on medication
				  for problems associated with mental health and mental retardation disabilities
				  and needs shall receive, at least, medication services that include, but need
				  not be limited to:
(1) prescribing;
(2) dispensing;
(3) administration;
(4) storage;
(5) control; and
(6) provision of education.
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 .1100 - MEDICATION SERVICES › Section 26D .1102 - DISPENSING OF MEDICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Medication shall be dispensed, by a pharmacist or physician, in a properly
				  labeled container in accordance with state and federal law.
(b) The medication container shall protect
				  medication from light and moisture, and shall be in compliance with the Poison
				  Prevention Packaging Act.
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 .1100 - MEDICATION SERVICES › Section 26D .1103 - ADMINISTRATION OF MEDICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Medication shall be administered in accordance with state and federal
				  law.
(b) Prescription medication
				  shall be administered in service delivery sites only on the order of an
				  authorized prescriber.
(c)
				  Non-prescription medications and standing orders shall be administered only on
				  the written approval of a physician or person authorized to prescribe legend
				  drugs.
(d) Only properly dispensed
				  medication shall be administered.
(e) Medication shall be administered in
				  inpatient psychiatric services only by a physician, physician assistant, or
				  nurse.
(f) In other service
				  delivery sites, medication may be either:
(1)
				  administered by program or correctional staff who have received training by the
				  Department; or
(2)
				  self-administered by any client who has received instructions, from either the
				  program's physician or designee, about:
(A)
				  each medication;
(B)
				  dosage;
(C) time of administration;
				  and
(D) side effects and
				  contraindications.
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 .1100 - MEDICATION SERVICES › Section 26D .1104 - INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Psychotropic medication may be
				  administered to any non-consenting client who has a mental illness and is
				  receiving inpatient mental health treatment if any one or more of the following
				  conditions exist:
(1) failure to treat the
				  client's illness or injury would pose an imminent substantial threat of injury
				  or death to the client or those around him; or
(2) there is evidence that the client's
				  condition is worsening and, if not treated, is likely to produce acute
				  exacerbation of a chronic condition that would endanger the safety or life of
				  the client or others; and:
(A) the evidence
				  of substantial and prolonged deterioration is corroborated by medical history;
				  and
(B) the source of the history
				  is documented in the client's record.
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 .1100 - MEDICATION SERVICES › Section 26D .1105 - PSYCHOTROPIC MEDICATION EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  ensure the client's understanding of psychotropic medication, individual or
				  group medication education shall be provided to each client:
(1) who is to begin receiving, or is to be
				  maintained on, psychotropic medication; and
(2) by the prescribing physician or other
				  person approved by the physician;
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section specify protections regarding the
					 use of certain specified procedures, in order to promote dignity and humane
					 care for any client receiving mental health and mental retardation
					 services.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1202 - USE OF SECLUSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Seclusion shall
				  be used only under one of the following conditions:
(1) on an emergency basis when it is
				  necessary to prevent immediate harm to the client or to others; or
(2) on a non-emergency basis if that
				  seclusion will resolve the precipitating crisis.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1203 - USE OF RESTRAINT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Restraint shall
				  be used only under the following circumstances:
(1) after less restrictive measures, such as
				  counseling and seclusion, have been attempted or if clinically determined to be
				  inappropriate or inadequate to avoid injury to self or others; and
(2) either:
(A) upon the order of a clinician to control
				  a client who has attempted, threatened, or accomplished harm to himself or
				  others; or
(B) upon the
				  authorization of the officer-in-charge on an emergency basis if believed
				  necessary to prevent immediate harm to the client or to others.
(3) In determining if restraint is
				  indicated, a clinician shall consider whether the client:
(A) has inflicted an injury to himself or to
				  others and, if so, the nature and extent of such injury; or
(B) threatens, through words or gestures, to
				  inflict injury to himself or others and the nature of the threat.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1204 - PROTECTIVE DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever protective devices are used for any client, the
					 Chief of Psychiatry shall:
(1) ensure
				  that the:
(a) necessity for the protective
				  device has been assessed and approved by a mental health
				  professional;
(b) device is applied
				  by a person who has been trained in the use of protective devices;
(c) client who is using protective devices
				  which limits his or her freedom of movement is observed every two hours;
				  and
(d) client is given the
				  opportunity for toileting and exercising as needed.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1205 - VOLUNTARY REFERRALS AND TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Non-emergency referrals shall be forwarded to the mental health or mental
				  retardation professional designated to receive such referrals at the service
				  delivery site to which the client is assigned.
(b) If the mental health or mental
				  retardation professional determines that the client is in need of services
				  provided at a residential or inpatient unit, the client shall be given:
(1) written notice of the reasons for the
				  referral;
(2) the expected benefits
				  of the treatment to be received; and
(3) his rights as described in Rule .1207 of
				  this Section.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1206 - INVOLUNTARY REFERRALS AND TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Involuntary referrals and transfers to residential or inpatient units shall
				  occur only if the attending clinician determines that:
(1) a client requires treatment services not
				  available at his or her current service delivery site; and
(2) a transfer over the client's objections
				  is required.
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 .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES › Section 26D .1207 - TRANSFER TO RESIDENTIAL OR INPATIENT UNITS

Current through Register Vol. 39, No. 2, July 15, 2024
All inmates who are considered for transfer to a
					 residential or inpatient unit shall have rights which include, but need not be
					 limited to:
(1) written notice that
				  transfer to a residential or inpatient mental health facility is being
				  considered, including a statement of the reasons for the referral or
				  transfer;
(2) a hearing,
				  sufficiently after notice is given, to prepare objections, if any;
(3) opportunity to:
(a) testify in person;
(b) present documented evidence;
				  and
(c) present and question
				  witnesses called by the State, except upon a finding not arbitrarily made, of
				  good cause, for not permitting such presentation, confrontation, or
				  cross-examination;
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 .1301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in this Section apply to
				  research activity or treatment involving direct contact with a
				  client.
(b) An activity or
				  treatment procedure shall be considered research when it:
(1) involves a clinical practice that is not
				  conventional; or
(2) is a type of
				  procedure that serves the purpose of research only, and does not include
				  treatment designed primarily to benefit the client.