North Carolina Administrative Code

10A NCAC 26B .0207 DOCUMENTATION OF RELEASE Whenever confidential information is released with consent, a delegated employee shall ensure that the release is placed in the client record. History Note: Authority G.S. 122C-52; 122C-53; 131E-67; 143B-147(a)(6); Eff. July 1, 1979; Am…

10A NCAC 26B .0208 PROHIBITION AGAINST REDISCLOSURE (a) Area or state facilities releasing confidential information shall inform the recipient that redisclosure of such information is prohibited without client consent. (b) A stamp may be used to fulfill this requirement. History …

10A NCAC 26B .0209 RELEASE TO HUMAN RIGHTS COMMITTEE MEMBERS (a) Human Rights Committee members may have access to confidential information only upon written consent of the client or the client's legally responsible person. (b) A delegated employee shall release confidential info…

10A NCAC 26B .0210 RELEASE TO AREA BOARD MEMBERS Area board members may have access to confidential information only upon written consent of the client or the client's legally responsible person or pursuant to other exceptions to confidentiality as specified in G.S. 122C-53 throu…

10a NCAC 26B .0211 RELEASE OF INFORMATION BY INTERNAL CLIENT ADVOCATES Upon request by the Secretary, internal client advocates may disclose to the Secretary or his designee confidential information obtained while fulfilling monitoring and advocacy functions. History Note: Author…

section .0300 – disclosure of confidential information without consent 10A NCAC 26B .0301 NOTICE TO CLIENT (a) Each area or state facility that maintains confidential information shall give written notice to the client or the legally responsible person at the time of admission th…

10A NCAC 26B .0302 PERSONS DESIGNATED TO DISCLOSE CONFIDENTIAL INFORMATION The area or state facility director shall be responsible for the disclosure of confidential information but may delegate the authority for disclosure to other persons under his supervision. Such delegation…

10A NCAC 26B .0303 DOCUMENTATION OF DISCLOSURE History Note: Authority G.S. 122C-52; 122C-55; 131E-67; 143B-147; Eff. July 1, 1979; Amended Eff. March 1, 1990; February 1, 1986; July 15, 1980; Repealed Eff. January 1, 2005.

10A NCAC 26B .0304 PROHIBITION AGAINST REDISCLOSURE (a) Agencies disclosing confidential information pursuant to G.S. 122C-52 through G.S. 122C-56 shall inform the recipient that redisclosure of such information is prohibited without client consent. (b) A stamp may be used to ful…

subchapter 26c – Other general rules section .0100 – designation of facilities for the custody and treatment of involuntary clients 10a NCAC 26C .0101 SCOPE (a) The purpose of this Section is to establish procedures by which 24-hour facilities may be designated as facilities for …

10a NCAC 26c .0102 Request for designation (a) A request for designation shall be made to the Division of Mental Health, Developmental Disabilities and Substance Abuse Services (DMH/DD/SAS). (b) Each request shall include the following: (1) name and address of applicant; (2) type…

10a NCAC 26C .0103 REVIEW PROCESS (a) Upon receipt of the request, the DMH/DD/SAS shall review the following regarding the facility prior to granting designation: (1) status of licensure by the Division of Health Service Regulation; (2) status of accreditation by an accrediting b…

10a NCAC 26C .0104 DESIGNATION (a) The DMH/DD/SAS shall designate as facilities for the custody and treatment of involuntary clients those facilities that demonstrate both treatment capability and the capability to assure the safety of the client and the general public. (b) The D…

10a NCAC 26C .0105 APPEAL Any facility denied designation or whose designation has been terminated under this Section may appeal pursuant to the contested case process set forth in G.S. 150B, Article 3. History Note: Authority G.S. 122C-252; 150B-23; Temporary Rule Eff. January 1…

section .0200 - research 10a NCAC 26C .0201 MONITORING OF RESEARCH All research carried out in any of the Division of mental health's facilities, or in connection with its program, shall be closely monitored for quality, the interest of clients' rights and welfare, confidentialit…

10a NCAC 26c .0202 PROTOCOL Before any investigation is launched involving the Division's clients, their records, or a mental health program's records, a written protocol of the planned study shall be submitted to the chief executive offices of the institution or area program. Th…

10a NCAC 26C .0203 ADVICE OF RESEARCH COMMITTEE The chief executive officer of the institution or area program before approving or rejecting a research project shall seek the advice of a research committee. The Committee may recommend acceptance, acceptance with revision, or reje…

10a NCAC 26C .0204 RESEARCH COMMITTEE It shall be the policy of the Division of mental health services to have a sufficient number of research committees all over the state, so that each program has easy access to a committee. Each committee's procedures shall be recorded and wri…

10a NCAC 26C .0205 YEARLY RESEARCH STATEMENT The Division of mental health, through its head of research, shall receive once a year from each region a statement of all research projects which have been started, continued or terminated in that region. Each region's efforts shall b…

SECTION .0300 - DEATH REPORTING 10a NCAC 26c .0301 SCOPE (a) For purposes of this Section, facilities licensed in accordance with G.S. 122C, Article 2, state facilities operating in accordance with G.S. 122C Article 4, Part 5 and inpatient psychiatric units of hospitals licensed …

10a NCAC 26c .0302 DEFINITIONS In addition to the definitions contained in G.S. 122C-3 and 10A NCAC 27G .0103, the following definitions shall apply with respect to this Section: (1) "Accident" means an unexpected, unnatural or irregular event contributing to a client's death and…

10a NCAC 26c .0303 REPORTING REQUIREMENTS (a) Upon learning of the death of a client currently receiving services, a facility shall file a report in accordance with G.S. 122C-31 and these Rules. A facility shall be deemed to have learned of a death when any facility staff obtains…

SECTION .0400 - MISCELLANEOUS 10a NCAC 26C .0401 LIAISON WITH CITIZEN GROUPS The Division shall consult and maintain liaison with citizen advocacy groups in the area of mental health services. History Note: Authority G.S. 143B-147; Eff. February 1, 1976; Pursuant to G.S. 150B-21.…

10A NCAC 26C .0402 STANDARDIZED FORMS AND PROCESSES (a) Pursuant to G.S. 122C-112.1(a)(32) this Rule sets forth the standardized forms and processes to be used by local management entities (LMEs) and providers in support of LME system management functions. LMEs and providers shal…

SECTION .0500 – SUMMARY SUSPENSION AND REVOCATION 10A NCAC 26C .0501 SCOPE This Section sets forth rules governing summary suspension and revocation of authorization to receive public funding for providing mental health, developmental disabilities and substance abuse services. Hi…

10A NCAC 26C .0502 DEFINITIONS As used in the rules in this Section, the following terms have the meanings specified: (1) "Authorization to receive public funding for providing services" means approval from the Department to receive funding through one or more of the following me…

10A NCAC 26C .0503 SUMMARY SUSPENSION (a) The DMH/DD/SAS shall issue a written order of agency-wide, site-limited or service-specific summary suspension of state or federal mental health, developmental disabilities and substance abuse services funds and shall refer findings conce…

10A NCAC 26C .0504 REVOCATION (a) The DMH/DD/SAS shall revoke authorization to receive funding to provide services utilizing state or federal mental health, developmental disabilities and substance abuse services funds and make a recommendation to DMA to revoke enrollment for Med…

SUBCHAPTER 26d - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION SECTION .0100 - SCOPE AND DEFINITIONS 10a NCAC 26d .0101 SCOPE This Subchapter sets forth standards for the delivery of mental health and mental retardation services to in…

10a NCAC 26d .0102 REQUIRED SERVICES (a) The Department shall provide or contract for mental health and mental retardation services. (b) Such services, which address the needs of the client as assessed by a clinician, shall include, but need not be limited to: (1) emergency; (2) …

10a NCAC 26d .0103 DEFINITIONS For the rules contained in this Subchapter, the following definitions apply: (1) "Administering medication" means direct application of a medication whether by injection, inhalation, ingestion, or any other means to the client. (2) "Admission" means…

SECTION .0200 - ORGANIZATIONAL RESPONSIBILITIES 10a NCAC 26d .0201 COORDINATION AND DELIVERY OF SERVICES The Department shall develop and implement a plan to ensure coordination in the delivery of all mental health and mental retardation services. History Note: Authority G.S. 148…

10a NCAC 26d .0202 ORGANIZATIONAL CHART The organizational chart of the Department shall clearly articulate the channels of responsibility in implementing and ensuring the coordination of mental health and mental retardation services. History Note: Authority G.S. 148-19(d); Eff. …

10a NCAC 26d .0203 DISTRIBUTION OF STANDARDS The Department shall distribute to all service delivery sites adequate copies of the rules of this Subchapter and any subsequent revisions to these Rules as they occur. History Note: Authority G.S. 148-19(d); Eff. January 4, 1994; Purs…

10a NCAC 26d .0204 COMPLIANCE WITH RULES (a) The Department shall conduct an annual internal evaluation of compliance with Commission standards in each service delivery site. (b) The evaluation report shall be made available to the DHHS review team. History Note: Authority G.S. 1…

10a NCAC 26D .0205 GRIEVANCE RULE The Department shall develop and implement a rule which identifies procedures for review and disposition of grievances regarding mental health and mental retardation services. History Note: Authority G.S. 148-19(d); Eff. January 4, 1994; Pursuant…

SECTION .0300 - REQUIRED STAFF 10a NCAC 26D .0301 PSYCHIATRIST Each service delivery site shall employ, or contract for, the services of a psychiatrist to ensure the client's accessibility to services which require the judgment and expertise of a psychiatrist. History Note: Autho…

10a NCAC 26d .0302 PSYCHOLOGIST Each service delivery site shall employ, or contract for, the services of a psychologist to ensure the client's accessibility to services which require the judgment and expertise of a psychologist. History Note: Authority G.S. 148-19(d); Eff. Janua…

10a NCAC 26d .0303 REGISTERED NURSE Each service delivery site shall employ, or contract for, a registered nurse to ensure that the client is given the nursing care that requires the judgment and specialized skills of a registered nurse. History Note: Authority G.S. 148-19(d); Ef…

10a NCAC 26d .0304 SOCIAL WORKER Unless exempted by the Chief of Mental Health Services based on size and mission of the facility, each service delivery site shall employ, or contract for, social work staff to ensure the client's accessibility to services which require the knowle…

10A NCAC 26D .0305 SUPPORT STAFF Each service delivery site shall have support staff to ensure the delivery of mental health and mental retardation services to clients. This includes, but need not be limited to, clerical staff. History Note: Authority G.S. 148-19(d); Eff. January…

SECTION .0400 - ORGANIZATIONAL RELATIONS 10a NCAC 26d .0401 COORDINATION OF SERVICES The Department shall develop and implement procedures to facilitate cooperative working relationships between the staff of mental health and mental retardation services, custody personnel, and ot…

10a NCAC 26d .0402 INFORMATION AND OUTREACH SERVICES The Department shall provide, to correctional staff, information designed to promote awareness of mental health and mental retardation services available to inmates within the Department. History Note: Authority G.S. 148-19(d);…

10a NCAC 26d .0403 AGREEMENT WITH THE DEPARTMENT OF Health and Human Services The Department shall have a written agreement with the Department of Health and Human Services regarding mutual responsibilities for mental health and mental retardation services to inmates under Depart…

SECTION .0500 - QUALITY ASSURANCE 10a NCAC 26d .0501 SCOPE (a) Quality assurance shall be a continuing responsibility of the Department and each service delivery site that offers mental health and mental retardation services. (b) Quality assurance activities shall include, but ne…

10a NCAC 26d .0502 QUALITY ASSURANCE PLAN (a) The Department shall establish and implement a written quality assurance plan for mental health and mental retardation services that describes how quality assurance activities will be carried out. (b) Quality assurance activities shal…

10a NCAC 26d .0503 QUALITY ASSURANCE COMMITTEE (a) The Department shall have a quality assurance committee which shall be comprised of: (1) representation from mental health and mental retardation service areas; (2) a qualified record manager; (3) a nurse; (4) a psychologist; (5)…

10a NCAC 26d .0504 CLIENT CARE EVALUATION STUDIES The quality assurance committee shall ensure that at least one client care evaluation study of issues, relevant to the improvement of services to clients, is completed during each fiscal year. History Note: Authority G.S. 148-19(d…

10a NCAC 26d .0505 CLIENT RECORD REVIEW The quality assurance committee shall establish, implement and document the criteria, procedure and methodology for client record reviews for completeness and adequacy, as delineated in Section .0700 of these Rules. History Note: Authority …

10a NCAC 26d .0506 SUPERVISION OF MENTAL HEALTH AND MENTAL RETARDATION STAFF (a) The Department shall implement a written plan of supervision for staff who are not qualified mental health or mental retardation professionals, as defined in Rule .0103 of this Subchapter, and who pr…