North Carolina Administrative Code

SECTION .2800 - ACTIVITIES, RECREATION AND SOCIAL SERVICES 10A NCAC 13D .2801 ACTIVITY SERVICES (a) The facility shall provide a program of activities that is on-going and in accordance with the comprehensive assessment, and that promotes the interests, as well as physical, menta…

10A NCAC 13D .2802 SOCIAL SERVICES (a) The facility shall provide medically-related social services to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident. (b) The administrator shall designate an employee to be responsible ful…

SECTION .2900 - SPECIAL REQUIREMENTS 10A NCAC 13D .2901 REPORT OF DEATH The facility shall have a written plan to be followed in case of patient death. The plan shall provide for the following: (1) collection of data needed for the death certificate as required by G.S. 130A-117; …

10A NCAC 13D .2902 PETS When facility policies permit pets in the facility, the following conditions shall be met: (1) The facility policy shall not be in violation of any local health ordinances regarding pet health and control. (2) Pets shall not be permitted to enter areas whe…

10A NCAC 13D .3003 VENTILATOR assisted care (a) For the purpose of this Rule, ventilator assisted individuals, means as defined in the federal State Operations Manual, Appendix PP – Guidance to Surveyors for Long Term Care Facilities, herein incorporated by reference including su…

10A NCAC 13D .3006 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3007 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3008 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3009 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3010 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3017 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3018 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3019 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3020 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3031 ADDITIONAL REQUIREMENTS FOR SPINAL CORD INJURY PATIENTS History Note: Authority G.S. 131E-104; RRC objection due to lack of statutory authority Eff. July 13, 1995; Eff. January 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public i…

10A NCAC 13D .3032 RESERVED FOR FUTURE CODIFICATION

10A NCAC 13D .3033 DEEMED STATUS FOR INPATIENT REHABILITATION FACILITIES OR UNITS History Note: Authority G.S. 131E-104; Eff. January 1, 1996; Repealed Eff. January 1, 2013.

SECTION .3100 - DESIGN AND CONSTRUCTION 10A NCAC 13D .3101 GENERAL RULES (a) Each facility shall be planned, constructed, equipped, and maintained to provide the services offered in the facility. (b) A new facility or remodeling of an existing facility shall meet the requirements…

10A NCAC 13D .3102 APPLICATION OF PHYSICAL PLANT REQUIREMENTS The physical plant requirements for each facility shall be applied as follows: (1) New construction shall comply with the requirements of Sections .3100-.3400 of this Subchapter. (2) Except where otherwise specified, e…

10A NCAC 13D .3103 SITE The site of a proposed facility must be approved by the Department prior to construction as: (1) accessible by public roads; (2) accessible to fire fighting services; (3) having a water supply, sewage disposal system, garbage disposal system, and trash dis…

10A NCAC 13D .3104 PLANS AND SPECIFICATIONS (a) When construction or remodeling of a facility is planned, one copy of construction documents and specifications shall be submitted by the owner or owner's appointed representative to the Department for review and approval. As a prel…

SECTION .3200 - FUNCTIONAL REQUIREMENTS 10A NCAC 13D .3201 REQUIRED SPACES (a) A facility shall meet the following requirements for bedrooms: (1) single bedrooms shall be provided with not less than 100 square feet of floor area; (2) bedrooms with more than one bed shall be provi…

10A NCAC 13D .3202 FURNISHINGS (a) A facility shall provide handgrips at all toilet and bath facilities used by residents. Handrails shall be provided on both sides of all corridors where corridors are defined by walls and used by residents. (b) A facility shall provide flame res…

SECTION .3400 - MECHANICAL: ELECTRICAL: PLUMBING 10A NCAC 13D .3401 HEATING AND AIR CONDITIONING (a) A facility shall provide heating and cooling systems complying with the following: (1) The American National Standards Institute and American Society of Heating, Refrigerating, an…

10A NCAC 13D .3402 EMERGENCY ELECTRICAL SERVICE A facility shall provide an emergency electrical service for use in the event of failure of the normal electrical service. This emergency electrical service shall consist of the following: (1) In any existing facility: (a) type 1 or…

10A NCAC 13D .3403 GENERAL ELECTRICAL (a) In a facility, all main water supply shut off valves in the sprinkler system shall be electronically supervised so that if any valve is closed an alarm will sound at a central station manned 24 hours per day, seven days per week. (b) No t…

10A NCAC 13D .3404 OTHER (a) In general patient areas of a facility, each room shall be served by at least one calling station and each bed shall be provided with a call button. Two call buttons serving adjacent beds may be served by one calling station. Calls shall register with…

SUBCHAPTER 13E – Licensing OF OVERNIGHT RESPITE SERVICES SECTION .0100 DEFINITIONS 10A NCAC 13E .0101 Definitions The following definitions apply throughout this Subchapter: (1) "Accident" means an unexpected, unintentional, or irregular event that results in injury or illness to…

SECTION .0200 – licensing 10A NCAC 13e .0201 APPLYING FOR A LICENSE TO PROVIDE OVERNIGHT RESPITE SERVICES (a) Except as otherwise provided in Rule .0202 of this Section, the Division of Health Service Regulation (DHSR) shall issue an overnight respite services license to any prog…

10A NCAC 13E .0202 PERSONS NOT ELIGIBLE FOR OVERNIGHT RESPITE SERVICES LICENSES A license for an overnight respite services program shall not be issued to an applicant: (1) whose license for any overnight respite services program was revoked until one year after the date of revoc…

10A NCAC 13E .0203 THE LICENSE (a) The license shall be posted in a prominent location, accessible to public view, within the overnight respite portion of the facility. (b) The license shall be in effect for 12 months from the date of issuance unless revoked for cause or voluntar…

10A NCAC 13E .0204 RENEWAL OF LICENSE (a) The license shall be renewed annually, except as otherwise provided in Rule .0205 of this Section, if the licensee submits an application for renewal and the Department determines that the licensee complies with the provisions of G.S. 131…

10A NCAC 13E .0205 CLOSING OF OVERNIGHT RESPITE SERVICES If a licensee plans to close its overnight respite services, the licensee shall provide written notification of the planned closing to the Division of Health Service Regulation, Adult Care Licensure Section at 2708 Mail Ser…

10A NCAC 13E .0206 DENIAL AND REVOCATION OF LICENSE (a) The Division of Health Service Regulation shall deny any licensure application if the applicant fails to comply with G.S. 131D-6.1 and the rules of this Subchapter. (b) A license may be revoked by the Division in accordance …

10A NCAC 13E .0207 SUSPENSION OF ADMISSIONS (a) The Division of Health Service Regulation may suspend the admission of participants to overnight respite services when warranted under the provisions of G.S. 131D-6.1 and G.S. 131D-2.7. (b) The Division shall notify the overnight re…

10A NCAC 13E .0208 APPEAL OF LICENSURE ACTION The licensee may appeal any decision of the Division to deny or revoke a license or any decision to suspend admissions of participants by making such an appeal in accordance with G.S. 150B. History Note: G.S. 131D-6.1; Eff. April 1, 2…

SECTION .0300 - PHYSICAL PLANT RULES 10A NCAC 13E .0301 SUBMISSION OF INFORMATION TO THE DIVISION OF HEALTH SERVICE REGULATION CONSTRUCTION SECTION (a) Prior to operation, an applicant for a license to provide overnight respite services shall submit the following documents to the…

10A NCAC 13E .0302 CAPACITY (a) Pursuant to G.S. 131D-6.1(c)(8), the Division of Health Service Regulation shall not approve a capacity of greater than six participants for an overnight respite services program. For the purposes of this Rule, "capacity" means the maximum number o…

10A NCAC 13E .0303 DESIGN AND CONSTRUCTION (a) For the purposes of this Rule the following definitions apply: (1) "facility" means a building or portion of a building housing an overnight respite services program as defined in G.S. 131D-6.1(a); (2) "proposed facility" means the n…

10A NCAC 13E .0304 LOCATION (a) A program offering overnight respite care services shall be in a location approved by local zoning boards. (b) The site of a proposed facility where overnight respite care services are to be provided shall: (1) be accessible by public roads that sh…

10A NCAC 13E .0305 LIVING ROOM (a) Each overnight respite care program shall have a living area with not less than 40 square feet of floor area per participant. (b) The living area for the overnight respite care program required by Paragraph (a) of this Rule may be combined with …

10A NCAC 13E .0306 DINING ROOM (a) Each overnight respite services program shall have a dining area with not less than 20 square feet of floor area per participant. The dining area may be used for other activities during the day. (b) The dining area for the overnight respite care…

10A NCAC 13E .0307 KITCHEN (a) The kitchen shall have a floor area of not less than 120 square feet. The kitchen may be shared with the adult day care or adult day health program. (b) The cooking unit shall be mechanically ventilated to the exterior or be equipped with an unvente…

10A NCAC 13E .0308 BEDROOMS (a) There shall be bedrooms sufficient in number and size to meet the individual needs of the participant according to their age and gender. (b) A room used as a bedroom shall meet the requirements of this Rule and be approved by the Construction Secti…

10A NCAC 13E .0309 BATHROOM (a) An overnight respite services program shall have one bathroom for each six or fewer respite participants. A bathroom shall contain a toilet, a lavatory, and one of the following: (1) a roll-in shower designed and equipped for unobstructed shower ch…

10A NCAC 13E .0310 STORAGE AREAS (a) Storage areas shall be provided for the separate storage of clean linens, soiled linens, food and food service supplies, and household supplies and equipment. (b) Cleaning agents, bleaches, pesticides, and other substances that may be hazardou…

10A NCAC 13E .0311 CORRIDOR (a) Corridors shall be lighted as required by Rule .0317(e)(3) of this Section. (b) Corridors shall be free of equipment and other obstructions. History Note: Authority G.S. 131D-6.1; Eff. April 1, 2017.

10A NCAC 13E .0312 OUTSIDE ENTRANCE AND EXITS (a) Each overnight respite services program shall have at least two exit doors on all floor levels. If there are only two exit doors, the exit doors shall be located and constructed to minimize the possibility that both may be blocked…

10A NCAC 13E .0313 LAUNDRY ROOM If the facility uses laundry equipment, the equipment shall not be located in the living, dining, or bedroom areas. History Note: Authority G.S. 131D-6.1; Eff. April 1, 2017.

10A NCAC 13E .0314 FLOORS (a) All floors shall be of smooth, non-skid material and shall be cleanable. (b) Scatter or throw rugs shall not be used. (c) All floors shall be kept free of damage. History Note: Authority G.S. 131D-6.1; Eff. April 1, 2017.