North Carolina Administrative Code

10A NCAC 13S .0318 governing authority (a) The governing authority, as defined in Rule .0101(6) of this Subchapter, shall appoint a chief executive officer or a designee of the clinic to represent the governing authority and shall define his or her authority and duties in writing…

10A NCAC 13S .0319 POLICIES AND PROCEDURES and administrative records (a) The following documents and references shall be on file in the administrative office of the clinic: (1) documents evidencing control and ownerships, such as deeds, leases, or incorporation or partnership pa…

10A NCAC 13S .0320 ADMISSION AND DISCHARGE (a) There shall be on the premises throughout all hours of operation an employee authorized to receive patients and make administrative decisions regarding patients. Administrative decisions include all of the decisions related to a pati…

10A NCAC 13S .0321 MEDICAL RECORDS (a) The clinic shall maintain a complete and permanent record for all patients including: (1) the date and time of admission and discharge; (2) the patient's full and true name; (3) the patient's address; (4) the patient's date of birth; (5) the…

10A NCAC 13S .0322 PERSONNEL RECORDS (a) Personnel Records: (1) A record of each employee shall be maintained that includes the following: (A) the employee's identification; (B) the application for employment or resume that includes education, training, experience and references;…

10A NCAC 13S .0323 Clinic staffing (a) The clinic shall have an organized clinical staff under the supervision of a nursing supervisor who is currently licensed as a Registered Nurse and who has responsibility for all nursing services. (b) The nursing supervisor shall report to t…

10A NCAC 13S .0324 QUALITY ASSURANCE (a) The governing authority shall establish a quality assurance program for the purpose of providing standards of care for the clinic. The program shall include the establishment of a committee that shall evaluate compliance with clinic proced…

10A NCAC 13S .0325 LABORATORY SERVICES (a) Each clinic shall have the capability to provide or obtain laboratory tests required in connection with the procedure to be performed, and will perform laboratory tests appropriate to their Clinical Laboratory Improvement Amendments (CLI…

10a NCAC 13S .0326 EMERGENCY BACK-UP SERVICES (a) Each clinic shall have a written plan for the transfer of emergency cases from the clinic to the closest hospital when hospitalization becomes necessary. (b) The clinic shall have written protocols, personnel, and equipment to han…

10A NCAC 13S .0327 outpatient procedural SERVICES (a) The clinic shall establish procedures for infection control and universal precautions, including cleaning of all patient care areas including procedure rooms. (b) Tissue Examination: (1) The physician performing the abortion i…

10A NCAC 13S .0328 MEDICATIONS AND Sedation (a) No medication or treatment shall be given except on written order of a physician. (b) Medications, including injections shall be administered by a physician, Registered Nurse, and other health care practitioners practicing within th…

10A NCAC 13S .0329 POST Procedural CARE (a) A patient whose pregnancy is terminated shall be observed in the clinic to ensure that no post procedural complications are present. Thereafter, patients may be discharged according to a physician's order and the clinic's protocols. (b)…

10A NCAC 13S .0330 CLEANING OF MATERIALS AND EQUIPMENT (a) All supplies and equipment used in patient care shall be cleaned or sterilized between use for different patients. (b) Methods of cleaning, handling, and storing all supplies and equipment shall be such as to prevent the …

10A NCAC 13S .0331 FOOD SERVICE Nourishments, such as crackers and soft drinks, shall be available and offered to all patients. History Note: Authority G.S. 131E-153.2; 131E-153.5; 143B-165; Codifier determined that findings of need did not meet criteria for emergency rule on Oct…

chapter 14 – Director, division of health service regulation SUBCHAPTER 14A – RULEMAKING SECTION .0100 - RULEMAKING 10A NCAC 14a .0101 pETITIONS (a) Any person wishing to submit a written petition requesting the adoption, amendment, or repeal of a rule by the Director of the Divi…

10A NCAC 14A .0102 RULEMAKING PROCEDURES History Note: Authority G.S. 150B-20; Eff. November 1, 1989; Repealed Eff. July 1, 2019.

10A NCAC 14A .0103 declaratory rulings (a) The Director of the Division of Health Service Regulation may issue declaratory rulings. All requests for declaratory rulings shall be written and submitted to: the Director, Division of Health Service Regulation, 1915 Health Services Wa…

SECTION .0300 - HEARINGS: TRANSFERS AND DISCHARGES 10A NCAC 14A .0301 DEFINITIONS The following definitions apply throughout this Section: (1) "Facility" is defined in 42 CFR 483.5, which is herein incorporated by reference, including subsequent amendments and editions. The Code …

10A NCAC 14A .0302 TRANSFER OR DISCHARGE HEARING REQUEST Any resident who has been advised of the date of a transfer or discharge in writing may request that the Hearing Officer set a date for a hearing in accordance with these Rules. Hearing procedures shall be in accordance wit…

10A NCAC 14A .0303 FILING A REQUEST FOR HEARING In order to initiate a hearing, a resident must first have been served by the facility administrator with a written notice and shall file a Request for Hearing in accordance with rules in 10A NCAC 22H .0200. History Note: Authority …

10A ncac 14B .0150 APPLICABILITY OF RULES RELATED TO THE 2000 STATE MEDICAL FACILITIES PLAN History Note: Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b); Temporary Adoption Eff. January 1, 2000; Eff. April 1, 2001; Repealed Eff. April 1, 2012.

10A NCAC 14B .0151 RESERVED FOR FUTURE CODIFICATION

10A NCAC 14B .0162 RESERVED FOR FUTURE CODIFICATION

10A NCAC 14B .0208 reserved for future codification

10A NCAC 14B .0247 reserved for future codification

10A ncac 14B .0248 reserved for future codification

10A ncac 14B .0249 reserved for future codification

10A ncac 14B .0250 reserved for future codification

10A ncac 14B .0286 reserved for future codification

10a ncac 14B .0287 reserved for future codification

10A ncac 14B .0288 reserved for future codification

10A ncac 14B .0289 POLICIES FOR NURSING CARE FACILITIES History Note: Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b); Temporary Adoption Eff. January 1, 2002; Eff. April 1, 2003; Repealed Eff. April 1, 2012.

10A ncac 14B .0290 POLICY FOR PLAN EXEMPTION FOR CONTINUING CARE RETIREMENT COMMUNITIES ADULT CARE HOME BEDS History Note: Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b); Temporary Adoption Eff. January 1, 2002; Temporary Adoption Expired on October 12, 2002.

10A NCAC 14B .0334 reserved for future codification

10A NCAC 14B .0335 reserved for future codification

SUBCHAPTER 14C – CERTIFICATE OF NEED REGULATIONS SECTION .0100 - GENERAL 10a NCAC 14C .0101 DEFINITIONS History Note: Authority G.S. 131E-177; Eff. January 1, 1990; Amended Eff. November 1, 1996; Expired Eff. February 1, 2019 pursuant to G.S. 150B-21.3A.

10A NCAC 14C .0102 LOCATION OF THE AGENCY As used in this Subchapter, the agency is the Healthcare Planning and Certificate of Need Section in the Division of Health Service Regulation, North Carolina Department of Health and Human Services. The location of the agency is 1915 Hea…

10A NCAC 14C .0103 STATE MEDICAL FACILITIES PLAN History Note: Authority G.S. 131E-176(25); 131E-177(1); 131E-183(1); 42 U.S.C. 300K-2; Eff. June 19, 1979; Temporary Amendment Eff. January 1, 1983 for a Period of 120 Days to Expire on May 1, 1983; Amended Eff. November 1, 1989; J…

SECTION .0200 – APPLICATION AND REVIEW PROCESS 10A NCAC 14C .0201 LETTER OF INTENT History Note: Authority G.S. 131E-177; Eff. October 1, 1981; Amended Eff. November 1, 1996; January 1, 1990; November 1, 1989; Repealed Eff. October 1, 2016.

10A NCAC 14C .0202 Definitions The following definitions shall apply throughout this Subchapter: (1) "Applicant" means each person identified in Section A of the application forms listed in 10A NCAC 14C .0203(a). (2) "Application deadline" means no later than 5:00 p.m. on the 15t…

10A NCAC 14C .0203 FILING APPLICATIONS (a) "Application form" refers to one of the following: (1) the Certificate of Need Application form; or (2) the Dialysis or End Stage Renal Disease Services Application form. (b) An application form may be obtained from the CON Section by: (…

10A NCAC 14C .0204 AMENDMENTS TO APPLICATIONS An applicant may not amend an application. Responding to a request for additional information made by the agency after the review has commenced is not an amendment. History Note: Authority G.S. 131E-177; 131E-182; Eff. October 1, 1981…

10A NCAC 14C .0205 Extension of REVIEW PERIOD (a) If the review is not expedited, the review may be extended for the following reasons: (1) the total number of applications, including those in other review periods, prevents the CON Section from completing the review in 90 days; (…

10A NCAC 14C .0206 EXPEDITED REVIEW History Note: Authority G.S. 131E-177(1); Temporary Adoption Eff. September 1, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff. January 4, 1994; Expired Eff. February 1, 2019 pursuant to G.S…

section .0300 - exemptions 10A NCAC 14c .0301 RESEARCH ACTIVITY History Note: Authority G.S. 131E-177; 131E-179; Eff. January 1, 1982; Amended Eff. February 1, 2000; January 1, 1990; November 1, 1989; February 1, 1986; Expired Eff. February 1, 2019 pursuant to G.S. 150B-21.3A.

10A ncac 14c .0302 HEALTH MAINTENANCE ORGANIZATIONS History Note: Authority G.S. 131E-177; 131E-180; Eff. January 1, 1982; Amended Eff. November 1, 1996; January 1, 1990; November 1, 1989; February 1, 1986; Temporary Amendment Eff. January 1, 2000; Amended Eff. April 1, 2001; Rep…

10A NCAC 14C .0303 REPLACEMENT EQUIPMENT (a) This Rule defines the terms used in the definition of "replacement equipment" set forth in G.S. 131E-176(22a). (b) "Currently in use" means that the equipment to be replaced has been used by the person requesting the exemption at least…

10A NCAC 14C .0304 PSYCHIATRIC BED CONVERSIONS History Note: Authority G.S. 131E-177; Eff. November 1, 1996; Expired Eff. February 1, 2019 pursuant to G.S. 150B-21.3A.

SECTION .0400 – CERTIFICATE OF NEED APPEAL PROCESS 10A NCAC 14C .0401 PETITION FOR A HEARING History Note: Authority G.S. 131E-177; 131E-188; Eff. October 1, 1981; Amended Eff. January 1, 1990; November 1, 1989; February 1, 1986; Repealed Eff. October 1, 2016.

10A NCAC 14C .0402 ISSUES The correctness, adequacy, or appropriateness of criteria, plans, and standards shall not be an issue in a contested case hearing. History Note: Authority G.S. 131E-177; 131E-188; Eff. October 1, 1981; Amended Eff. February 1, 1986; October 1, 1984; Purs…