North Carolina Administrative Code

21 NCAC 38 .0805 QUALIFIED ACTIVITIES FOR MAINTAINING CONTINUING COMPETENCE Activities that qualify for maintaining continuing competence shall include the following: (1) Continuing Education: (a) Includes attendance and participation at a live presentation such as a workshop, se…

21 NCAC 38 .0806 WAIVER OF REQUIREMENTS The Board shall waive all or part of the continuing competence activity requirements of this Section if an occupational therapist or occupational therapy assistant submits written request for a waiver and provides evidence to the satisfacti…

21 NCAC 38 .0807 DOCUMENTATION/REPORTING PROCEDURES (a) Licensees shall maintain the required proof of completion for each continuing competence activity as specified in the rules of this Section. The required documentation shall be retained by the licensee for two years followin…

21 NCAC 38 .0808 AUDIT OF CONTINUING COMPETENCE ACTIVITIES (a) The Board shall perform a random audit of licensees' continuing competence activity requirements at least once during each licensing period. (b) A licensee who is audited shall provide proof of completion of the conti…

Section .0900 - SUPERVISION, SUPERVISORY ROLES, AND CLINICAL RESPONSIBILITIES OF OCCUPATIONAL THERAPIST AND OCCUPATIONAL THERAPY ASSISTANTS 21 NCAC 38 .0901 NOTIFICATION OF SUPERVISION CHANGE Occupational therapy assistants and supervising occupational therapists must notify the …

21 NCAC 38 .0902 Supervision is an interactive process. The occupational therapist and the occupational therapy assistant are each responsible for supervision to ensure safe and effective service delivery of occupational therapy services and to foster professional competence and …

21 NCAC 38 .0903 Types of supervision (a) Occupational therapy assistants at all levels shall require general supervision by an occupational therapist pursuant to Rule .0103(21)(a) of this Chapter. (b) Occupational therapy students shall require supervision by an occupational the…

21 NCAC 38 .0904 DOCUMENTATION OF SUPERVISION (a) Documentation of supervision is the responsibility of both the occupational therapist and occupational therapy assistant. Documentation must include the frequency of supervisory contact, method(s) or type(s) of supervision, conten…

21 NCAC 38 .0905 DELINEATION OF CLINICAL RESPONSIBILITIES Regardless of the setting in which occupational therapy services are delivered, the occupational therapist and the occupational therapy assistant shall have the following responsibilities during client evaluation, interven…

section .1100 – supervision of unlicensed personnel 21 NCAC 38 .1101 RESPONSIBILITY OF THE OCCUPATIONAL THERAPY PRACTITIONER (a) The occupational therapy practitioner is responsible for the quality of all occupational therapy services provided to the client by persons under the p…

21 NCAC 38 .1102 DELEGATION OF DUTIES TO UNLICENSED PERSONNEL (a) Unlicensed personnel do not provide skilled occupational therapy services. Unlicensed Personnel are trained by an occupational therapist or occupational therapy assistant to perform specifically delegated tasks. Th…

CHAPTER 39 - ON-SITE WASTEWATER CONTRACTORS AND INSPECTORS CERTIFICATION BOARD SECTION .0100 - DUTIES AND DEFINITIONS 21 NCAC 39 .0101 DEFINITIONS In addition to the terms defined in Article 5 of Chapter 90A of the General Statutes, the following definitions apply to the Rules in…

21 NCAC 39 .0102 TYPES OF CERTIFICATION (a) The levels of certification for on-site wastewater contractors are as follows: Level Description of Activities II Single Septic Tank, Conventional (Gravel) Gravity System Multiple tanks, Grease Traps, Single Pump or Single Siphon, Fill …

21 NCAC 39 .0103 ANNUAL REPORTS (a) On or before October 31 of each year, the Board shall prepare and file reports required pursuant to G.S. 93B-2. The Board shall file reports in the manner requested by the receiving agency or committee. (b) The Board shall maintain an escrow ac…

SECTION .0200 - CERTIFICATION OF ON-SITE WASTEWATER CONTRACTORS, POINT-OF-SALE INSPECTORS, PRIVATE COMPLIANCE INSPECTORS, OR AUTHORIZED ON-SITE WASTEWATER EVALUATORS 21 NCAC 39 .0201 APPLICATION REQUIREMENTS FOR CERTIFICATION (a) Applications for certification shall be submitted …

21 NCAC 39 .0202 business succession (a) A person shall be certified by the Board pursuant to G.S. 90A-77(c) upon: (1) Providing the Board documentation of supervision by and full-time employment with a Board certified contractor or point-of-sale inspector for the past three year…

SECTION .0300 - ONSITE WASTEWATER contractor, POINT-OF-SALE inspector, PRIVATE COMPLIANCE INSPECTOR, or evaluator FEES 21 NCAC 39 .0301 SCHEDULE OF CERTIFICATION FEES (a) Application fees are as follows: Grade Level Initial Fee Renewal Fee II $200.00 $75.00 IV $300.00 $75.00 Poin…

SECTION .0400 - CERTIFICATION BY EXAMINATION 21 NCAC 39 .0401 ON-SITE WASTEWATER CONTRACTOR, point-of-sale INSPECTOR, PRIVATE COMPLIANCE INSPECTOR, OR EVALUATOR EXAMINATIONS (a) On-site wastewater contractor, point-of-sale inspector, private compliance inspector, or evaluator exa…

21 NCAC 39 .0402 TIME AND PLACE OF EXAMINATION (a) The Board may schedule on-site wastewater contractor, point-of-sale inspector, private compliance inspector, or evaluator examinations in addition to the required examinations pursuant to G.S. 90A-77. Additional examinations may …

21 NCAC 39 .0403 CONDUCTING AND GRADING EXAMINATIONS (a) Examinations shall be conducted and graded under the supervision of a representative of the Board. (b) Applicants shall identify themselves by way of a driver's license or other form of photographic identification issued by…

21 NCAC 39 .0404 ISSUANCE OF CERTIFICATES (a) After an examination grading, the applicant shall be informed in writing by Board staff as to the results of his or her examination. The Board shall not respond to requests for exam results. (b) Upon successful completion of the exami…

21 NCAC 39 .0405 Licensure for Military-Trained Applicant; Licensure for Military Spouse (a) Upon receipt of a request for licensure pursuant to G.S. 93B-15.1 from a military-trained applicant, the Board shall issue a license upon the applicant's satisfying the following conditio…

SECTION .0500 - CERTIFICATION RENEWAL 21 NCAC 39 .0501 CONDITIONS AND LIMITATIONS FOR RENEWAL OF CERTIFICATIONS (a) Certifications shall expire on December 31 of each year. (b) A renewal shall not be granted if the applicant's certification is suspended or revoked until the perio…

SECTION .0600 - CONTINUING EDUCATION REQUIREMENTS 21 NCAC 39 .0601 REQUIREMENTS (a) Every certified on-site wastewater contractor, point-of-sale inspector, private compliance inspector, or evaluator shall obtain Professional Development Hours (PDH) units before each renewal of hi…

21 NCAC 39 .0602 APPROVAL OF CONTINUING EDUCATION COURSES (a) All continuing education courses shall be approved by the Board before PDH can be granted. (b) Providers must submit all continuing education courses to the Board to be approved on an annual basis. (c) The Board shall …

21 NCAC 39 .0603 DETERMINATION OF CREDIT History Note: Authority G.S. 90A-72; 90A-74; 90A-77; 90A-78; 90A-79; Eff. February 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018; Repealed Eff. June 1, 2021.

21 NCAC 39 .0604 RECORDKEEPING Each contractor, point of sale inspector, private compliance inspector, or evaluator shall maintain records of any completed PDH courses including the following: (1) A log showing the type of activity claimed, sponsoring organization, location, dura…

21 NCAC 39 .0605 EXTENSION OF TIME (a) The Board shall grant an on-site wastewater contractor, point-of-sale inspector, private compliance inspector, or evaluator an extension of time to complete continuing education (CE) requirements during a period of service in the Armed Force…

SECTION .0700 - PROCEDURES FOR DISCIPLINARY ACTIONS 21 NCAC 39 .0701 REVOCATION OR SUSPENSION OF CERTIFICATION (a) The Board may revoke or suspend the certification of an on-site wastewater contractor, point-of-sale inspector, private compliance inspector, or evaluator in accorda…

21 NCAC 39 .0702 CERTIFICATION FOLLOWING REVOCATION OR VOLUNTARY SURRENDER OF CERTIFICATION (a) If a certification is revoked or voluntarily surrendered the person may not apply for a new certification for a period of 12 months from the date the certification is revoked or volunt…

21 NCAC 39 .0703 PENALTIES History Note: Authority G.S. 90A-72; 90A-74; 90A-80; 90A-81; Eff. February 1, 2011; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018; Repealed Eff. November 1, 2025.

SECTION .0800 – ONSITE WASTEWATER contractor, inspector, or evaluator CODE OF ETHICS 21 NCAC 39 .0801 CODE OF ETHICS (a) Contractors, point-of-sale inspectors, private compliance inspectors, and evaluators shall at all times recognize their primary obligation is to protect the pu…

21 NCAC 39 .0802 COOPERATION WITH BOARD INQUIRY The Board has the power and duty to conduct investigations to determine whether violations of Article 5 of Chapter 90A of the General Statutes have occurred or may be occurring, or whether grounds exist for disciplining persons cert…

21 NCAC 39 .0803 DELEGATING TO THIRD-PARTY SERVICE PROVIDERS (a) If a certificate holder delegates service requested by a client to another certificate holder, the delegating certificate holder must give notice to the client on or before the date of service. (b) The certificate h…

SECTION .0900 – RULEMAKING PROCEDURES 21 NCAC 39 .0901 PETITION FOR RULE-MAKING (a) Any person submitting a petition to adopt, amend, or repeal a rule by the Board shall address a petition to the Chairman at the Board office as follows: Post Office Box 132, Lawsonville, North Car…

21 NCAC 39 .0902 REQUEST FOR DECLARATORY RULING All requests for a declaratory ruling shall contain the following information: (1) the name, address, and telephone number of the person making the request; (2) the statute or rule to which the request relates; and (3) a statement d…

21 NCAC 39 .0903 REFUSAL TO ISSUE DECLARATORY RULING The Board shall refuse to issue a declaratory ruling under the following circumstances: (1) when the Board has issued a decision in a contested case that interprets the law or rule at issue in the request for declaratory ruling…

21 NCAC 39 .0904 WAIVER OR EXTENSION The Board may waive or extend any rule in this Chapter that is not statutorily required if a certificate holder submits to the Board a written request. Factors the Board shall use in determining whether to grant the waiver or extension are: (1…

SECTION .1000 - NC ON-SITE WASTEWATER INSPECTOR STANDARDS OF PRACTICE 21 NCAC 39 .1001 DEFINITIONS As used in this Section: (1) "Automatic safety controls" means devices designed and installed to protect systems and components from excessively high or low pressures and temperatur…

21 NCAC 39 .1002 GENERAL REQUIREMENTS FOR CONTRACTORS AND POINT-OF-SALE INSPECTORS (a) Point-of-sale inspectors shall: (1) Provide to the client or the client's representative a written contract, signed by both the client or client's representative and the point-of-sale inspector…

21 NCAC 39 .1004 GENERAL EXCLUSIONS for contractors and POINT-OF-SALE inspectors (a) Point-of-sale inspectors shall not be required to report on: (1) Life expectancy of any component or system; (2) The causes of the need for a repair; (3) The methods, materials, and costs of corr…

21 NCAC 39 .1005 ON-SITE WASTEWATER SYSTEM COMPONENTS (a) When inspecting an on-site wastewater system, the point-of-sale inspector shall inspect and describe the following in a report as set forth in Rule .1002 of this Chapter: (1) any part of the system located more than five f…

21 NCAC 39 .1006 MINIMUM ON-SITE WASTEWATER SYSTEM POINT-OF-SALE INSPECTION (a) The point-of-sale inspector shall obtain, evaluate, describe, or determine the following during the inspection: (1) Advertised number of bedrooms as stated in the realtor Multiple Listing Service info…

SECTION .1100 - NC ON-SITE WASTEWATER EVALUATOR STANDARDS OF PRACTICE 21 NCAC 39 .1101 DEFINITIONS As used in this Section: (1) "Accepted wastewater dispersal system" means as defined in G.S. 130A-343. (2) "Authorized inspector" or "Independent inspector" means an individual empl…

21 NCAC 39 .1102 GENERAL REQUIREMENTS FOR EVALUATORS In addition to the duties set forth in G.S. 130A-336.2, evaluators shall: (1) Provide a "notice of intent to construct" to the owner of a proposed wastewater system, so the owner can submit it to the local health department tha…

21 NCAC 39 .1103 GENERAL EXCLUSIONS FOR EVALUATORS Evaluators shall not: (1) Offer or perform any act or service contrary to Article 5 of G.S. 90A, G.S. 130A-336.2, or the rules of this Chapter; or (2) Offer or perform engineering, architectural, plumbing, electrical, pesticide o…

21 NCAC 39 .1104 REQUIRED DOCUMENTS FOR EVALUATORS Evaluators shall provide the owner with procedures for the final submittal of information to the local health department at the post-construction conference as set forth in G.S. 130A-336.2(k). History Note: Authority G.S. 90A-74;…

CHAPTER 40 - BOARD OF OPTICIANS SECTION .0100 - LOCATION 21 NCAC 40 .0101 LOCATION AND FUNCTION The NC State Board of Opticians (Board) is physically located at 3809 Computer Drive, Raleigh, North Carolina 27609. Its mailing address is Post Office Box 6758, Raleigh, North Carolin…

21 ncac 40 .0104 INFORMATION AND APPLICATION (a) Potential applicants for a North Carolina optician's license can download application forms from the Board's website www.ncopticiansboard.org. Application forms shall be submitted in order to be considered for licensure by waiver o…

21 NCAC 40 .0105 CERTIFICATE OF REGISTRATION History Note: Authority G.S. 90-234; 90-249; Eff. February 1, 1976; Readopted Eff. September 29, 1977; Repealed Eff. November 1, 1981.