North Carolina Administrative Code

10A NCAC 13E .0315 HOUSEKEEPING AND FURNISHINGS (a) Each overnight respite services program shall: (1) have walls, ceilings, and floors or floor coverings kept clean, well maintained, and free of damage; (2) have no lingering odors; (3) have furniture clean and free of damage; (4…

10A NCAC 13E .0316 FIRE SAFETY and Disaster Plan (a) Fire extinguishers shall be provided that meet these requirements: (1) one five-pound or larger (net charge) "A-B-C" type centrally located; (2) one five-pound or larger "A-B-C" or CO/2 type located in the kitchen; and (3) at a…

10A NCAC 13E .0317 BUILDING SERVICE EQUIPMENT (a) The building and all fire safety, electrical, mechanical, and plumbing equipment shall be maintained in a safe and operating condition. (b) There shall be a central heating system sufficient to maintain 75 degrees F (24 degrees C)…

10A NCAC 13E .0318 OUTSIDE PREMISES (a) The outside grounds of the program shall be maintained in a clean and safe condition. (b) If the facility has a fence around the premises, the fence shall not prevent participants from exiting or entering freely and shall not be hazardous. …

SECTION .0400 – Staff QUALIFICATIONS and Staffing 10A NCAC 13E .0401 Administrator (a) An administrator shall be responsible for the operations of the program offering overnight respite care services. (b) At all times there shall be one administrator or supervisor-in-charge who i…

10A NCAC 13E .0402 Supervisor-In-Charge (a) The supervisor-in-charge is responsible to the administrator for the operation of the overnight respite services program in the absence of the administrator. (b) The supervisor-in-charge shall meet the same requirements as the administr…

10A NCAC 13E .0403 staff and Staffing (a) Each staff person shall: (1) have a job description that reflects actual duties and responsibilities determined by the program and shall be signed by the administrator and the employee; (2) have a tuberculin skin test within 12 months pri…

10A NCAC 13E .0404 TRAINING ON CARDIO-PULMONARY RESUSCITATION At least one staff person shall be on the premises at all times, when participants are present, who has completed within the last 24 months a course on cardio-pulmonary resuscitation and choking management, including t…

SECTION .0500 – PROGRAM POLICIES 10A NCAC 13E .0501 PROGRAM POLICIES (a) Each program shall have enrollment policies. Enrollment policies shall be in writing as a part of the program policies and shall define the population served. These policies shall serve as the basis for dete…

SECTION .0600 - enrollment AND SERVICE PLANNING 10A NCAC 13E .0601 ENROLLMENT OF PARTICIPANTS (a) Prior to enrollment the applicant, responsible party, or other caregiver shall have a personal interview with a program staff member. During the interview, the staff shall complete i…

10A NCAC 13E .0602 Planning Services for Individual participants (a) At enrollment of a new participant, the program shall perform an assessment and written service plan for the individual. The assessment shall address the individual's ability to perform activities of daily livin…

SECTION .0700 - medication Administration 10A NCAC 13E .0701 Medication Administration POLICIES AND PROCEDURES There shall be written policies and procedures developed and implemented regarding: (1) medication administration; (2) documentation of medication administration; (3) ma…

10A NCAC 13E .0702 Medication Administration Competency Evaluation (a) Validation of each staff person's competency to administer medications shall be completed prior to administering medications and shall include: (1) documentation by a registered nurse pursuant to G.S. 90 Artic…

10A NCAC 13E .0703 medication Administration (a) Medications shall be administered according to current physician's or appropriate licensed health professional's orders and the participant's medication schedule. The medication schedule shall list all medications with dosages and …

SECTION .0800 - Nutrition and food service 10A NCAC 13E .0801 Food procurement and safety (a) The kitchen, dining, and food storage areas shall be clean and maintained in a sanitary condition in accordance with Rules Governing the Sanitation of Residential Care Facilities (15A NC…

10A NCAC 13E .0802 FOOD PREPARATION AND SERVICE (a) Staff, space, and equipment shall be provided for safe and sanitary food storage, preparation, and service. (b) Table service shall include a napkin and non-disposable place setting consisting of at least a knife, fork, spoon, p…

10A NCAC 13E .0803 Menus (a) Menus shall be prepared according to the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) Dietary Guidelines for Americans, which is incorporated by reference with all subsequent amendments and editions …

10A NCAC 13E .0804 food requirements (a) A minimum of three meals a day shall be served. (b) Foods and beverages that are appropriate to overnight respite participants' diets shall be offered or made available to overnight respite participants as snacks between each meal for a to…

10A NCAC 13E .0805 therapeutic diets (a) All therapeutic diet orders, including thickened liquids, shall be in writing from the participant's physician or appropriate licensed health professional. (b) Where applicable, the therapeutic diet order shall be specific to calorie, gram…

10A NCAC 13E .0806 assistance With Eating (a) Staff shall provide assistance with eating as needed. (b) Food shall be maintained at serving temperature until assistance with eating is provided. (c) Participants needing assistance with eating shall be assisted upon receipt of the …

10A NCAC 13E .0807 accommodation of participant needs and preferences Variations from the required three meals to meet individualized needs or preferences of participants shall be documented in the participant's record. History Note: Authority G.S. 131D-6.1; Eff. April 1, 2017.

SECTION .0900 - Program Activities 10A NCAC 13E .0901 ACTIVITIES PROGRAM (a) There shall be a program of activities designed to promote the participants' active involvement with each other, their families, and the community. (b) If there is a question about a participant's abilit…

subchapter 13f – licensing of adult care homes of seven or more beds section .0100 - definitions 10A NCAC 13F .0101 DEFINITIONS History Note: Authority G.S. 131D-2; 143B-153; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. April 1, 1984; Repealed Eff. July 1, …

10A NCAC 13F .0102 LISt of definitions As used in this Subchapter, the following definitions shall apply: (1) "Abuse" means the term as defined in G.S. 131D-2.1. (2) "Activities of daily living" or "ADL's" means eating, dressing, bathing, toileting, bowel and bladder control, tra…

sECTION .0200 – licensing 10A NCAC 13F .0201 DEFINITIONS The following definitions shall apply throughout this Section: (1) "Person" means an individual; a trust or estate; a partnership; a corporation; or any grouping of individuals, each of whom owns five percent or more of a p…

10A NCAC 13F .0202 THE LICENSE (a) Except as otherwise provided in G.S. 131D-2.4, the Department shall issue an adult care home license to any person who submits the application material according to Rule .0204 of this Section and the Department determines that the applicant comp…

10A NCAC 13F .0203 PERSONS NOT ELIGIBLE FOR NEW ADULT CARE HOME LICENSES History Note: Authority G.S. 131D-2.4; 131D-2.5; 131D-4.5; 131D-2.16; 143B-165; Temporary Adoption Eff. December 1, 1999; Eff. July 1, 2000; Temporary Amendment Eff. July 1, 2003; Amended Eff. June 1, 2004; …

10A NCAC 13F .0204 APPLying for a LICENSE to operate a facility not currently licensed (a) Prior to submission of a license application, all Certificate of Need requirements shall be met according to G.S. 131E, Article 9. (b) In applying for a license to operate an adult care hom…

10A NCAC 13F .0205 APPLICATION TO LICENSE A NEWLY CONSTRUCTED OR RENOVATED BUILDING History Note: Authority G.S. 131D-2; 143B-153; 143B-165; S.L. 2002-160; 2003-0284; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. April 1, 1984; Temporary Amendment Eff. Septe…

10A NCAC 13F .0206 CAPACITY (a) The licensed capacity of adult care homes licensed pursuant to this Subchapter is seven or more residents. (b) The total number of residents shall not exceed the number shown on the license. (c) The Department shall not grant a license to a facilit…

10A NCAC 13F .0207 CHANGE OF LICENSEE Prior to the sale of an adult care home business, the current and prospective licensee shall meet the requirements of this Rule. (1) The current licensee shall provide written notification of a planned change of licensee to the Division of He…

10A NCAC 13F .0208 RENEWAL OF LICENSE (a) The licensee shall file a license renewal application annually on a calendar year basis on the forms provided by the Department at no cost with a nonrefundable annual license fee according to G.S. 131D-2.5. The renewal application form in…

10A NCAC 13F .0209 CONDITIONS FOR LICENSE RENEWAL History Note: Authority G.S. 131D-2.4; 131D-2.16; 143B-165; Temporary Adoption Eff. December 1, 1999; Eff. July 1, 2000; Temporary Amendment Eff. July 1, 2003; Amended Eff. June 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necess…

10A ncac 13F .0210 TERMINATION OF LICENSE History Note: Authority G.S. 131D-2; 143B-153; 143B-165; S.L. 2002-160; 2003-0284; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. April 1, 1984; Temporary Amendment Eff. September 1, 2003; Repealed Eff. June 1, 2004.

10A NCAC 13F .0211 Notification About CLOSING OF HOME If a licensee plans to close a home, the licensee shall provide written notification of the planned closing to the Division of Health Service Regulation, the county department of social services and the residents or their resp…

10A NCAC 13F .0212 DENIAL OR REVOCATION OF LICENSE (a) A license may be denied by the Division of Health Service Regulation for failure to comply with the rules of this Subchapter. (b) Denial of a license by the Division of Health Service Regulation shall be effected by mailing t…

10A NCAC 13F .0213 APPEAL OF LICENSURE ACTION The licensee of an adult care home may appeal a licensure action by commencing a contested case according to G.S. 150B-23 following attempts at informal resolution according to G.S. 150B-22. History Note: Authority G.S. 131D-2.4; 131D…

10A NCAC 13F .0214 SUSPENSION OF ADMISSIONS History Note: Authority G.S. 131D-2.7; Eff. January 1, 1982; Repealed Eff. January 1, 2020.

10A NCAC 13F .0215 ADMINISTRATIVE PENALTY DETERMINATION PROCESS History Note: Authority G.S. 131D-34; 143B-165; Eff. December 1, 1993; Temporary Amendment Eff. July 1, 2003; Amended Eff. June 1, 2004; Repealed Eff. October 1, 2016.

SECTION .0300 - PHYSICAL PLANT 10A NCAC 13F .0301 APPLICATION OF PHYSICAL PLANT REQUIREMENTS Adult Care Homes shall apply the following physical plant requirements: (1) New construction shall comply with the requirements of this Section. (2) Except where otherwise specified, exis…

10A NCAC 13F .0302 Design and CONSTRUCTION (a) A building licensed for the first time as an adult care home or a licensed adult care home that is closed or vacant and not serving residents for more than one year for reasons other than approved construction or remodeling shall mee…

10A NCAC 13F .0303 LOCATION (a) An adult care home shall be in a location approved by local zoning boards. (b) The facility shall be located so that hazards to the occupants are minimized. (c) Plans for the building and site are to be reviewed and approved by the Construction Sec…

10A NCAC 13F .0304 PLANS AND SPECIFICATIONS (a) When construction or remodeling of an adult care home is planned, the adult care licensee or licensee's appointed representative shall submit one copy of construction drawings and specifications to the Division for review and approv…

10A NCAC 13F .0305 PHYSICAL ENVIRONMENT (a) An adult care home shall provide living arrangements for the residents, the live-in staff, and other live-in persons. (b) The requirements for a living room and recreational area are: (1) a living room and recreational area shall be loc…

10A NCAC 13F .0306 HOUSEKEEPING AND FURNISHINGS (a) Adult care homes shall: (1) have walls, ceilings, and floors or floor coverings that are clean, safe, and functional; (2) have no persistent and recurring odors that are considered by the residents to be unpleasant; (3) have fur…

10a NCAC 13F .0307 FIRE ALARM SYSTEM (a) The fire alarm system in adult care homes shall be able to transmit the fire alarm signal automatically to the local emergency fire department dispatch center that is legally committed to serving the area in which the facility is located. …

10A NCAC 13F .0308 FIRE EXTINGUISHERS (a) At least one five pound or larger (net charge) A-B-C type fire extinguisher is required for each 2,500 square feet of floor area or fraction thereof. (b) One five pound or larger (net charge) A-B-C or CO/2 type is required in the kitchen …

10A NCAC 13F .0309 fire safety and emergency preparedness plans (a) Each facility shall have a written fire evacuation plan that includes a diagram of the facility floor plan including evacuation routes. The plan shall have the written approval of the local fire code enforcement …

10A NCAC 13F .0310 ELECTRICAL outlets History Note: Authority G.S. 131D-2.16; 143B-165; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. April 1, 1984; Recodified from 10A NCAC 13F .0308 Eff. July 1, 2004; Temporary Amendment July 1, 2004; Amended Eff. July 1, …

10A NCAC 13F .0311 OTHER REQUIREMENTS (a) The building and all fire safety, electrical, mechanical, and plumbing equipment in an adult care home shall be maintained in a safe and operating condition. (b) The following shall apply to heaters and cooking appliances: (1) built-in el…