North Carolina Administrative Code

10A NCAC 13G .0204 APPLYING FOR A LICENSE TO OPERATE A HOME NOT CURRENTLY LICENSED (a) An application for a license to operate a family care home for adults in an existing building where no alterations are necessary as determined by the Construction Section of the Division of Hea…

10A NCAC 13G .0205 APPLICATION TO LICENSE A NEWLY CONSTRUCTED OR RENOVATED BUILDING History Note: Authority G.S. 131D-2; 143B-165; S.L. 2002-0160; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. July 1, 1990; April 1, 1984; Temporary Amendment Eff. September 1…

10A NCAC 13G .0206 CAPACITY (a) Pursuant to G.S. 131D-2.1(9), family care homes shall have a capacity of two to six residents. For the purposes of this Rule, "capacity" means the maximum number of residents permitted to live in a licensed family care home in accordance with the N…

10A NCAC 13G .0207 CHANGE OF LICENSEE Prior to the sale of a family 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 13G .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 include…

10A NCAC 13G .0209 CONDITIONS FOR LICENSE RENEWAL History Note: Authority G.S. 131D-2.4; 131D-2.16; 131D-4.5; 143B-165; Temporary Adoption Eff. December 1, 1999; Eff. July 1, 2000; Repealed Eff. June 1, 2020.

10A NCAC 13G .0210 TERMINATION OF LICENSE History Note: Authority G.S. 131D-2; 143B-153; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. July 1, 1990; April 1, 1984; Temporary Amendment Eff. January 1, 1998; Amended Eff. April 1, 1999; Repealed Eff. July 1, 20…

10A NCAC 13G .0211 CLOSING OF HOME If a licensee plans to close a family care 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 responsible…

10A NCAC 13G .0212 DENIAL AND 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 …

10A NCAC 13G .0213 APPEAL of licensure action History Note: Authority 131D-2.4; 131D-2.16; 143B-165; 150B-23; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. July 1, 1990; April 1, 1984; Repealed Eff. June 1, 2020.

10A NCAC 13G .0214 suspension of admissions History Note: Authority G.S. 131D-2.7; Eff. January 1, 1982; Amended Eff. July 1, 1990; Repealed Eff. January 1, 2020.

10A NCAC 13G .0215 APPEAL of suspension of admissions History Note: Authority G.S. 131D-2.7; Eff. January 1, 1982; Amended Eff. January 4, 1994; Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.

10A NCAC 13G .0216 ADMINISTRATIVE PENALTY DETERMINATION PROCESS History Note: Authority G.S. 131D-34; Eff. December 1, 1992; Amended Eff. March 1, 1995; December 1, 1993; Temporary Amendment Eff. December 8, 1997; Amended Eff. April 1, 1999; Repealed Eff. October 1, 2016.

SECTION .0300 - THE BUILDING 10A NCAC 13G .0301 APPLICATION OF PHYSICAL PLANT REQUIREMENTS A family care home shall meet the following physical plant requirements: (1) New construction and existing buildings proposed for use as a Family Care Home shall comply with the requirement…

10A NCAC 13G .0302 DESIGN AND CONSTRUCTION (a) A building licensed for the first time as a family care home, or a licensed family care home relicensed after the license is terminated for more than 60 days, shall meet the requirements of the North Carolina State Building Code: Res…

10A NCAC 13G .0303 LOCATION (a) A family care home shall be in a location approved by local zoning boards. (b) The home shall be located so that hazards to the occupants are minimized. (c) The site of the home shall: (1) be accessible by streets, roads and highways and be maintai…

10A NCAC 13G .0304 LIVING ARRANGEMENT A family care home shall provide living arrangements to meet the individual needs of the residents, the live-in staff and other live-in persons. History Note: Authority G.S. 131D-2.16; 143B-165; Eff. January 1, 1977; Readopted Eff. October 31…

10A NCAC 13G .0305 LIVING ROOM (a) Family care homes licensed on or after April 1, 1984 shall have a living room or area a minimum of 200 square feet. For the purposes of this Rule, a "living room" is a space enclosed by walls used for social activities, such as reading, talking …

10A NCAC 13G .0306 Dining Room or Dining area (a) Family care homes licensed on or after April 1, 1984 shall have a dining room or dining area a minimum of 120 square feet. For the purpose of this Rule, a "dining room" is a space enclosed by walls used for eating meals. For the p…

10A NCAC 13G .0307 KITCHEN (a) The kitchen in a family care home shall have space for the preparation and preservation of food and the washing of dishes. (b) The cooking unit shall be mechanically ventilated to the outside. If the cooking unit is unvented, a recirculating fan sha…

10A NCAC 13G .0308 BEDROOMS (a) There shall be bedrooms in number and size to meet the individual needs according to age and sex of the residents, the administrator or supervisor-in-charge, other live-in staff, and other persons living in a family care home. Residents shall not s…

10A NCAC 13G .0309 BATHROOM (a) Family care homes licensed on or after April 1, 1984, shall have one full bathroom for five or fewer persons, including live-in staff. For the purpose of this Rule, a "full bathroom" is a room containing a sink, toilet, and a bathtub, shower, spa t…

10A ncac 13G .0310 STORAGE AREAS (a) Storage areas shall be adequate in size and number for separate storage of clean linens, soiled linens, food and food service supplies, and household supplies and equipment. (b) There shall be separate locked areas for storing cleaning agents,…

10A NCAC 13G .0311 CORRIDOR (a) Corridors shall be a minimum clear width of three feet in family care homes. (b) Corridors shall be lighted with night lights providing 1 foot-candle power at the floor. (c) Corridors shall be free of all equipment and other obstructions. History N…

10A NCAC 13G .0312 OUTSIDE ENTRANCE AND EXITS (a) In family care homes, floor levels shall have at least two outside entrances/exits that are so located and constructed to minimize the possibility that both outside entrances/exits from the facility may be blocked by a fire or oth…

10A NCAC 13G .0313 LAUNDRY ROOM (a) Laundry equipment shall be inside family care homes. For the purpose of this Rule, "laundry equipment" means at least one residential washing machine and at least one residential dryer. (b) Laundry equipment shall be in a dedicated room or encl…

10A NCAC 13G .0314 FLOORS (a) All floors in a family care home shall be of smooth, non-skid material and so constructed as to be easily cleanable. (b) Scatter or throw rugs shall not be used. (c) All floors shall be kept in good repair. History Note: Authority G.S. 131D-2.16; 143…

10A NCAC 13G .0315 HOUSEKEEPING AND FURNISHINGS (a) A family care home 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 f…

10A NCAC 13G .0316 FIRE SAFETY and emergency preparedness Plan (a) Fire extinguishers shall be provided which meet these minimum requirements in a family care home: (1) one five pound or larger (net charge) "A-B-C" type located in an area that can be accessed by staff and not sto…

10A NCAC 13G .0317 BUILDING SERVICE EQUIPMENT (a) The building and all fire safety, electrical, mechanical, and plumbing equipment in a family care home shall be maintained in a safe and operating condition. (b) Built-in electric heaters, if used, shall be installed or protected …

10A NCAC 13G .0318 OUTSIDE PREMISES (a) The outside grounds of new and existing family care homes shall be maintained in a clean and safe condition. For the purpose of this Rule, "clean and safe condition" means free from debris, trash, uneven surfaces, and similar conditions as …

SECTION .0400 – STAFF QUALIFICATIONS 10A NCAC 13G .0401 QUALIFICATIONS OF ADMINISTRATOR History Note: Authority G.S. 131D-2; 143B-153; Eff. January 1, 1977; Readopted Eff. October 31, 1977; Amended Eff. July 1, 1990; September 1, 1987; April 1, 1987; April 1, 1984; ARRC Objection…

10A NCAC 13G .0402 QUALIFICATIONS OF SUPERVISOR-IN-CHARGE The supervisor-in-charge, who is responsible to the administrator for carrying out the program in a family care home in the absence of the administrator, shall meet the following requirements: (1) be 21 years or older, if …

10A NCAC 13g .0403 QUALIFICATIONS OF MEDICATION STAFF (a) Family care home staff who administer medications, hereafter referred to as medication aides, and their direct supervisors shall complete training, clinical skills validation, and pass the written examination as set forth …

10A NCAC 13G .0404 QUALIFICATIONS OF ACTIVITY DIRECTOR Adult care homes shall have an activity director who meets the following qualifications: (1) The activity director hired after September 30, 2022 shall meet a minimum educational requirement by being a high school graduate or…

10A NCAC 13G .0405 TEST FOR TUBERCULOSIS (a) Upon employment or moving into a family care home, the administrator, all other staff, and any persons living in the family care home shall be tested for tuberculosis disease in compliance with control measures adopted by the Commissio…

10A NCAC 13G .0406 OTHER Staff Qualifications (a) Each staff person of a family care home shall: (1) have a job description that reflects the position's duties, and responsibilities and is signed by the administrator and the employee; (2) be able to implement all of the family ca…

10A NCAC 13G .0407 Fiscal QUALIFICATIONS History Note: Authority G.S. 131D-2.16; 131D-4.5; 143B-165; Eff. July 1, 1990; Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.

section .0500 – staff orientation, training, competency and continuing education 10A NCAC 13G .0501 Personal care training and competency (a) The facility shall assure that staff who provide or directly supervise staff who provide personal care to residents complete an 80-hour pe…

10A NCAC 13G .0502 personal care training and competency program approval History Note: Authority G.S. 131D-2.16; 131D-4.3; 131D-4.5; 143B-165; Temporary Adoption Eff. January 1, 1996; Eff. May 1, 1997; Temporary Amendment Eff. December 1, 1999; Amended Eff. July 1, 2000; Repeale…

10A NCAC 13G .0503 MEDICATION ADMINISTRATION COMPETENCY EVALUATION (a) The competency evaluation for medication administration shall consist of a written examination and a clinical skills validation to determine competency in the following areas: (1) medical abbreviations and ter…

10A NCAC 13G .0504 COMPETENCY EVALUATION AND VALIDATION FOR LICENSED HEALTH PROFESSIONAL SUPPORT TASKS (a) When a resident requires one or more of the personal care tasks listed in Subparagraphs (a)(1) through (a)(28) of Rule .0903 of this Subchapter, the task may be delegated to…

10A NCAC 13G .0505 TRAINING ON CARE OF DIABETIC RESIDENTS A family care home shall assure that training on the care of residents with diabetes is provided to unlicensed staff prior to the administration of insulin as follows: (1) Training shall be provided by a registered nurse, …

10A NCAC 13G .0506 TRAINING ON PHYSICAL RESTRAINTS (a) A family care home shall assure that all staff responsible for caring for residents with medical symptoms that warrant restraints are trained on the use of alternatives to physical restraint use and on the care of residents w…

10A NCAC 13G .0507 TRAINING ON CARDIO-PULMONARY RESUSCITATION Each family care home shall have one staff person on the premises at all times who has completed within the last 24 months a course on cardio-pulmonary resuscitation and choking management, including the Heimlich maneu…

10A NCAC 13G .0508 ASSESSMENT Training The person or persons designated by the administrator to perform resident assessments as required by Rule .0801 of this Subchapter shall read the Resident Assessment Self-Instructional Manual for Adult Care Homes established by the Departmen…

10A NCAC 13G .0509 FOOD SERVICE ORIENTATION Family care home staff who prepare and serve food shall complete a food service orientation training that provides an overview of food service in adult care homes, including the preparation of therapeutic diets, established by the Depar…

10A NCAC 13G .0510 reserved for future codification

10a ncac 13g .0511 reserved for future codification

10A NCAC 13G .0512 DOCUMENTATION OF TRAINING AND COMPETENCY VALIDATION A family care home shall maintain documentation of the training and competency validation of staff required by the rules of this Section in the facility and available for review. History Note: Authority G.S. 1…