North Carolina Administrative Code

10A NCAC 26E .0503 AUTHORITY TO MAKE INSPECTIONS (a) In carrying out his functions under the act, the director through his inspectors, is authorized in accordance with General Statutes 90-101(f) and 90-107 to enter controlled premises and conduct administrative inspections thereo…

10A NCAC 26E .0504 EXCLUSION FROM INSPECTION Unless the owner, operator or agent in charge of the controlled premises so consents in writing, no inspection authorized by these regulations shall extend to: (1) financial data, (2) sales data other than shipping date, or (3) pricing…

10A NCAC 26E .0505 ENTRY An inspection shall be carried out by an inspector. Any such inspector, upon: (1) stating his purpose; (2) presenting to the owner, operator or agent in charge of the premises to be inspected appropriate credentials; and (3) receiving informed consent, sh…

10A NCAC 26E .0506 NOTICE OF INSPECTION The notice of inspection (Commission for Mental Health, Developmental Disabilities and Substance Abuse Services Form 82) shall contain: (1) the name and title of the owner, operator or agent in charge of the controlled premises; (2) the con…

SECTION .0600 - Controlled Substances Reporting System 10A NCAC 26E .0601 SCOPE The rules of this Section as well as the provisions of Chapter 90, Article 5E shall govern requirements for the controlled substances reporting system as set forth in G.S. 90-113.70. History Note: Aut…

10A NCAC 26E .0602 DEFINITIONS (a) As used in this Section, the following terms shall have the meanings as specified: (1) "Controlled substance reporting system (CSRS)" means the reporting system as set forth in Article 5E of Chapter 90. (2) "ASAP" means the American Society for …

10A NCAC 26E .0603 REQUIREMENTS FOR TRANSMISSION OF DATA (a) Each dispenser shall transmit to the Department the data as set forth in G.S. 90-113.73. The data shall be transmitted in the ASAP Telecommunication Format for Controlled Substances, published by the American Society fo…

10a ncaC 26E .0604 reporting requirements (a) Each dispenser shall report the following information to the Controlled Substances Reporting System in accordance with the time frames provided in G.S. 90-113.73: (1) the dispenser's DEA number; (2) the name of the patient for whom th…

10A NCAC 26E .0605 Penalties (a) DHHS shall consider the following factors in determining the amount of each civil penalty assessed against a person who violates Chapter 90, Article 5E: (1) whether the violation involved an improper attempt to obtain or release information from t…

subchapter 26F – controlled substances SECTION .0100 - SCHEDULES OF CONTROLLED SUBSTANCES 10A NCAC 26F .0101 DEFINITIONS As used in this Section, the following terms shall have the meanings specified: (1) The term "act" means the North Carolina Controlled Substances Act (G.S. Cha…

10A NCAC 26F .0102 SCHEDULE I (a) Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated and as specified in G.S. 90-89. Each drug or substance has been assigned the Drug Enforcement Adm…

10A NCAC 26F .0103 SCHEDULE II (a) Schedule II shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated and as specified in G.S. 90-90. Each drug or substance has been assigned the Drug Enforcement Ad…

10A ncac 26F .0104 SCHEDULE III (a) Schedule III shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated and as specified in G.S. 90-91. Each drug or substitute has been assigned the Drug Enforcemen…

10A NCAC 26F .0105 SCHEDULE IV (a) Schedule IV shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated and listed in either G.S. 90-92 or this Rule. Each drug or substance has been assigned the Drug …

10A NCAC 26F .0106 SCHEDULE V (a) Schedule V shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated and listed in either G.S. 90-93 or this Rule. Each drug or substance is set forth in this Rule wit…

10a NCAC 26F .0107 SCHEDULE VI (a) Schedule VI shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name or brand name designated listed in this Rule. Each drug or substance has been assigned the Drug Enforcement Administration…

10A NCAC 26F .0108 APPLICATION FOR EXCLUSION OF NONNARCOTIC SUBSTANCE (a) Any person seeking to have any nonnarcotic substance which may, under the Federal Food, Drug and Cosmetic Act (21 USC 301), as amended, be lawfully sold over the counter without a prescription, excluded fro…

10A NCAC 26F .0109 EXCLUDED SUBSTANCES Those drugs which were excluded by the Drug Enforcement Administration on April 1, 1973, under Section 201(g)(1) of Federal Controlled Substances Act [21 USC 811(g)(1)], as amended, have been excluded by the Drug Commission from all schedule…

10A NCAC 26F .0110 APPLICATION FOR EXEMPT CHEMICAL PREPARATIONS (a) Any person seeking to have any preparation or mixture containing controlled substances and one or more noncontrolled substances exempted from the application of all or any part of the act pursuant to General Stat…

10A NCAC 26F .0111 EXEMPT CHEMICAL PREPARATIONS Those drugs which were exempted by the Drug Enforcement Administration on April 1, 1973, under Sections 302, 303, 305, 306, 307, 308, 309, 1002, 1003, 1004 of the Federal Controlled Substances Act (21 USC 822-3, 825-9, 952-4) as ame…

10A NCAC 26F .0112 APPLICATION FOR EXCEPTION OF A STIMULANT OR DEPRESSANT (a) Any person seeking to have any compound, mixture or preparation containing any depressant or stimulant substance listed in Paragraph .0204(b) or (c) or in Rule .0205 or in .0206 of this Section excepted…

10A NCAC 26F .0113 EXCEPTED COMPOUNDS Those drugs which were excepted by the Drug Enforcement Administration April 1, 1973, under Section 202(d) of the Federal Controlled Substances Act [21 USC 812(d)] as amended have been excepted by the Commission for Mental Health, Development…

10A NCAC 26F .0114 HEARINGS GENERALLY In any case where the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall hold a hearing on the addition, deletion or rescheduling of substances within Schedules I through VI of the North Carolina Contr…

10A NCAC 26F .0115 PURPOSE OF HEARING The Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall hold a hearing for the purpose of receiving factual evidence regarding the issues involved in the addition, deletion or rescheduling with Schedule…

10A NCAC 26F .0116 WAIVER OR MODIFICATION OF RULES The Commission for Mental Health, Developmental Disabilities and Substance Abuse Services may modify or waive any rule in this part by notice in advance of the hearing with the consent of the parties to the hearing if it determin…

10A NCAC 26F .0117 ADDITION: DELETION OR RESCHEDULING OF A SUBSTANCE (a) Any interested person may submit a petition to initiate proceedings for the addition, deletion or rescheduling of any substances within Schedules I through VI of the North Carolina Controlled Substances Act …

10A NCAC 26F .0118 BURDEN OF PROOF At any hearing the proponent for the addition, deletion or rescheduling of any substance within Schedules I through VI of the North Carolina Controlled Substances Act shall have the burden of proof. History Note: Authority G.S. 90-88; Eff. June …

10A NCAC 26f .0119 TIME AND PLACE OF HEARING The hearing will commence at the place and time designated in the notice published in accordance with .0117(d) of this Subchapter, but, thereafter, it may be continued from day to day or recessed to a later day without notice other tha…

10A NCAC 26F .0120 FINAL ORDER As soon as practicable after the hearing has been concluded, the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall cause to be published its decision in the form of an order. This order shall specify the dat…

10A NCAC 26F .0121 MEETING REQUIRED Pursuant to G.S. 90-88(d), any time a substance is added, deleted or rescheduled as a controlled substance, the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall meet within 180 days and either agree or…

10A NCAC 26F .0122 HEARING PROCEDURE If the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services objects thereby precipitating a hearing under G.S. 90-88(d), the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services…

CHAPTER 27 – MENTAL HEALTH: COMMUNITY FACILITIES AND SERVICES SUBCHAPTER 27A – fiscal rules SECTION .0100 - ACCOUNTING STANDARDS FOR ALL RECIPIENTS OF FUNDS ADMINISTERED BY THE DIVISION 10a NCAC 27A .0101 EFFECT OF THIS SECTION The requirements of this Section shall apply to all …

10a NCAC 27a .0102 development and maintenance of annual budget (a) The area program shall develop and maintain their annual budget in accordance with G.S. 159. (b) The area program shall prepare and submit to the Division the annual service plan and Memorandum of Agreement in ac…

10a NCAC 27a .0103 REPORTS REQUIRED The Secretary may require reports in accordance with G.S. 122C-144.1. History Note: Authority G.S. 122C-112; 122C-144.1; Eff. February 1, 1976; Amended Eff. February 1, 1996; July 1, 1980; April 25, 1979; November 1, 1977; Pursuant to G.S. 150B…

10a NCAC 27a .0104 ANNUAL AUDIT REPORT Each program receiving funds administered by the Division shall submit an annual audit in accordance with requirements of G.S. 159-34 and the Local Government Commission. History Note: Authority G.S. 122C-112; 122C-144.1; 159-34; Eff. Februa…

10a NCAC 27a .0105 BUDGET REVISIONS Revisions to the budget shall be in accordance with G.S. 159-15. History Note: Authority G.S. 159-15; Eff. February 1, 1976; Amended Eff. February 1, 1996; April 1, 1990; February 1, 1986; July 1, 1983; Pursuant to G.S. 150B-21.3A, rule is nece…

10a NCAC 27a .0106 CONTRACT REQUIREMENTS FOR AREA PROGRAMS (a) This Rule shall apply to all contracts between an area program (hereafter referred to as "contractor") and contract providers (hereafter referred to as "contractees"). For purposes of this Rule, contractees include: (…

10a NCAC 27a .0107 FUND ROUTING (a) Except as authorized by the General Assembly, all funds allocated by the Division for the provision of community mental health, developmental disability and substance abuse services shall be allocated to the area program. (b) The Division may a…

10a NCAC 27a .0108 DENIAL, DELAY OR REDUCTION OF PAYMENTS The Division may delay, reduce or deny payments to area programs in accordance with G.S. 122C-151. History Note: Authority G.S. 122C-151; Eff. February 1, 1976; Amended Eff. February 1, 1996; April 1, 1990; Pursuant to G.S…

10a NCAC 27a .0109 RECOVERY OF DIVISION FUNDS IN NON-COMPLIANCE SITUATIONS (a) The Division shall review all non-compliance situations occurring in area programs to determine if division funds were involved in the non-compliance situations. Non-compliance situations are those sit…

10a NCAC 27a .0110 EXPENDITURE OF DIVISION FUNDS SETTLED ON AN EXPENDITURE BASIS (a) The area programs may budget division funds within cost centers that also include, but are not limited to, local funds, federal funds or other division funds. When area programs elect to budget d…

10a NCAC 27a .0111 FUND BALANCE: COMPUTATION FOR AREA PROGRAMS (a) In order for the Division to have input into the actions regarding fund balances in area programs, the following shall take place after the certified public accountant's audit report is rendered and the tentative …

10a NCAC 27a .0112 DISPOSITION OF EQUIPMENT - NON Unit Cost Reimbursement (a) Equipment costing five thousand dollars ($5,000) or more purchased with non-unit cost reimbursement (UCR) Division funds by an area program or contract provider shall be used for Division funded client …

10a NCAC 27a .0113 START UP FUNDING (a) The Division may provide funding outside of unit cost reimbursement (UCR) for initial purchases of equipment, supplies and operational expenditures for the establishment of a program, service or facility. (b) Requests for start up shall be …

10a NCAC 27a .0114 AREA AUTHORITY FINANCIAL FAILURE DEFINED History Note: Authority G.S. 122C-125; Eff. February 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 25, 2016; Repealed Eff. October 3, 2023 pursuant to G.S. 150B-21.…

SECTION .0200 - STATE AND FEDERAL FUNDS ADMINISTERED 10a NCAC 27A .0201 METHOD OF PAYMENT Payment shall be based on earnings, monthly advancement or other basis as authorized by the Division and stated in the Memorandum of Agreement. History Note: Authority G.S. 143B-10; Eff. Feb…

10a NCAC 27a .0202 REQUEST FOR FUNDS A monthly request for funds administered by the Division and paid on a basis other than unit cost earnings shall be on a standard format available from the fiscal services section of the Division. Request shall be submitted to the Fiscal Offic…