North Carolina Administrative Code

10A NCAC 28A .0211 STATE FACILITY RESPONSIBILITY (a) The State Facility Director shall provide necessary clerical and support services to the Human Rights Committee. (b) The State Facility Director shall provide an orientation to the state facility for new members of the Committe…

10A NCAC 28A .0212 DIVISION RESPONSIBILITY (a) The Division Director shall serve as the point of contact between the Committees and the Secretary. (b) The Division's Training Office, in conjunction with the Governor's Advocacy Council for Persons with Disabilities (GACPD), shall …

SECTION .0300 - INFORMING CLIENTS AND STATE FACILITY EMPLOYEES OF RIGHTS 10A NCAC 28A .0301 INFORMING CLIENTS OF RIGHTS (a) The State Facility Director shall assure that all clients and legally responsible persons are informed of the client's rights at the time of admission or no…

10A NCAC 28A .0302 INFORMING STATE FACILITY EMPLOYEES The State Facility Director shall assure that all state facility employees are informed of the rights of clients and shall develop a policy which includes but is not limited to the following: (1) specifying who is responsible …

10A NCAC 28A .0303 NOTIFICATION ON GUARDIANSHIP (a) The client shall be informed of the different aspects and policies concerning guardianship when the use of guardianship becomes an issue. (b) The client shall be permitted to participate as fully as possible in all decisions tha…

10A NCAC 28A .0304 INFORMING CLIENTS OF POLICIES The State Facility Director shall assure that each client and the legally responsible person are informed of the following: (1) the state facility policy on reimbursement or criminal liability for personal or property damage caused…

10A NCAC 28A .0305 RESEARCH The State Facility Director shall assure that all research involving human subjects is conducted in accordance with accepted research practices and is reviewed according to 10A NCAC 26C .0200. Research that places human subjects at risk, except minimal…

10A NCAC 28A .0306 CONSENT TO PARTICIPATE IN RESEARCH (a) The State Facility Director shall assure that all clients who participate in research, except minimal risk research, elect to do so after having received a full explanation of the purpose, potential benefits and risks of p…

SUBCHAPTER 28B – CIVIL AND LEGAL RIGHTS SECTION .0100 – GENERAL RIGHTS 10A NCAC 28B .0101 COMPETENCY OF ADULT CLIENTS Each adult client has the right to be considered legally competent unless adjudicated incompetent under the provisions of Chapter 35A of the General Statutes; and…

10A NCAC 28B .0102 BASIC RIGHTS (a) Each client in a state facility has the right to exercise basic human rights as specified in G.S. 122C-51, 122C-52(c), 122C-54(e), 122C-57, 122C-58, 122C-61, and 122C-62. (b) Only those rights specified in G.S. 122C-62(b) and 122C-62(d) may be …

10A NCAC 28B .0103 RELIGIOUS RIGHTS (a) Each client has the right to participate in religious worship as specified in G.S. 122C-62(b)(7) and 122C-62(d)(7). (b) Participation shall be voluntary, but worship opportunities, services, religious education programs, pastoral counseling…

SECTION .0200 - LEGAL RIGHTS 10a NCAC 28b .0201 ACCESS TO LEGAL SERVICES (a) All clients have the right to contact and consult with legal counsel of their choice according to the provisions of G.S. 122C-62(a)(2) and 122C-62(c)(2). (b) Information regarding the availability of leg…

10a NCAC 28b .0202 NONPROFIT LEGAL SERVICES ORGANIZATIONS Each State Facility Director shall designate an interview room where clients may, at regularly scheduled hours, privately communicate and consult with an attorney employed by or affiliated with a nonprofit legal services o…

10a NCAC 28b .0203 STATE FACILITY GRIEVANCE PROCEDURE AND REPORTS (a) Each state facility shall have a written procedure to process clients' formal grievances in a fair, timely, and impartial manner. The grievance procedure shall specify that it is not intended to cover informal …

10A NCAC 28B .0204 DIVISION DIRECTOR'S REVIEW OF GRIEVANCES (a) If a client or client's representative as specified in Rule .0203(b)(1)(D) of this Section is dissatisfied with the State Facility Director's decision in a grievance, the client or client's representative may request…

10A NCAC 28B .0205 DEPARTMENT REVIEW OF GRIEVANCE (a) The client or client's representative as specified in Rule .0203(b)(1)(D) of this Section may pursue further review by the Department by submitting a written request to the Secretary. Such written request shall indicate: (1) a…

10A NCAC 28B .0206 ACCESS TO INTERNAL CLIENT ADVOCATE The State Facility Director shall assure each client access to an internal client advocate in accordance with G.S. 122C-62(a)(3) and 122C-62(c)(3). History Note: Authority G.S. 122C-62; 143B-147; Eff. October 1, 1984; Amended …

10A NCAC 28B .0207 CLIENT ADVOCATE ACCESS TO CONFIDENTIAL INFORMATION (a) Client advocate access to confidential information shall be in accordance with G.S. 122C-53(e), (f) and (g). (b) Whenever a minor client is admitted to a regional psychiatric hospital which provides educati…

10A NCAC 28B .0208 DEATHS AND AUTOPSIES (a) The State Facility Director shall adopt a written policy, available to the client upon request, specifying procedures to be taken upon the death of a client which shall provide for: (1) a physician's certification of the death as soon a…

SECTION .0300 - LABOR RIGHTS 10A NCAC 28B .0301 EMPLOYMENT CONDITIONS (a) Each client who performs work which is of economic value to the state facility shall receive compensation for such work. (b) A state facility may allow the client to work for the facility only under the fol…

10A NCAC 28B .0302 VOLUNTARY NON-COMPENSATED WORK The state facility may establish a policy allowing clients, upon their request, to do voluntary non-compensated work. The policy shall: (1) provide for protecting the client from abuse or exploitation; (2) provide for the work to …

10A NCAC 28B .0303 PERSONAL HOUSEKEEPING Limited housekeeping tasks in the client's personal living space may be required of each client without compensation. History Note: Authority G.S. 122C-51; 143B-147; Eff. October 1, 1984; Pursuant to G.S. 150B-21.3A, rule is necessary with…

SECTION .0400 - NONDISCRIMINATION 10A NCAC 28B .0401 TITLE VI CIVIL RIGHTS ACT 1964 The State Facility Director shall assure that the services of the state facility are provided in compliance with the requirements specified in Title VI of the Civil Rights Act of 1964 and 45 C.F.R…

10A NCAC 28B .0402 DHHS DIRECTIVE - INTERPRETER SERVICES The State Facility Director shall assure that the services of the state facility are provided in compliance with the requirements specified in the Department of Health and Human Services Directive, Subject: Provision of Int…

10a NCAC 28b .0403 STATE AND FEDERAL REGULATIONS The State Facility Director shall assure that the services of the state facility are provided in compliance with all applicable state and federal statutes and regulations regarding non-discrimination, including but not limited to d…

SUBCHAPTER 28c - DIGNITY AND RESPECT SECTION .0100 - SAFE ENVIRONMENT 10a NCAC 28c .0101 PROTECTION FROM HARM (a) State facility employees and volunteers at a state facility shall protect clients from harm, abuse, neglect and exploitation in accordance with G.S. 122C-66. (b) Stat…

10a NCAC 28c .0102 CORPORAL PUNISHMENT Corporal punishment is prohibited, as specified in G.S. 122C-59. History Note: Authority G.S. 122C-59; 131E-67; 143B-147; Eff. October 1, 1984; Amended Eff. July 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive pub…

10a NCAC 28c .0103 REPORTING ABUSE, NEGLECT OR EXPLOITATION (a) The State Facility Director shall develop a written policy specifying procedures for reporting and investigating all cases of alleged or suspected abuse, neglect or exploitation occurring when the client is under the…

10A NCAC 28C .0104 SAFE BUILDINGS AND GROUNDS (a) Each client in a state facility shall live and receive care, treatment, or habilitation in a safe and sanitary environment. (b) The State Facility Director shall assure the provision of a safe and sanitary environment which is in …

10A NCAC 28C .0105 MEALS (a) Each client in a state facility shall receive a balanced and nutritionally adequate daily diet. (b) Dietary services of the state facility shall adequately meet the individual dietary needs of the client and meet the preferences of the client to the e…

10A NCAC 28C .0106 REPORTING CLIENT INJURIES Whenever a minor or incompetent adult client experiences a major physical injury, the legally responsible person shall be immediately notified. Whenever a competent adult experiences a major physical injury, the client's designated nex…

SECTION .0200 – ESTHETIC AND HUMANE ENVIRONMENT 10A NCAC 28C .0201 STATE FACILITY ENVIRONMENT (a) The State Facility Director shall assure the provision of an esthetic and humane environment that enhances the positive self-image of the client and preserves human dignity. This inc…

10A NCAC 28C .0202 ACTIVITIES (a) Each state facility shall provide space, supervision and equipment for client activities and exercise in accordance with G.S. 122C-62(b)(5) and G.S. 122C-62(d)(5). (b) The State Facility Director shall assure that clients have reasonable access t…

10A NCAC 28C .0203 PERSONAL LIVING SPACE Each client in a state facility may suitably decorate his room, or portion of a multi-resident room, with respect to the client's choice, normalization principles, and with respect for the physical structure. The State Facility Director ma…

10A NCAC 28C .0204 HEALTH, HYGIENE AND GROOMING (a) The State Facility Director shall assure each client the right to dignity, privacy and humane care in the provision of personal health, hygiene and grooming care including, but not limited to: (1) individualized bathing schedule…

SECTION .0300 - PRIVACY AND PERSONAL FREEDOM 10A NCAC 28C .0301 COMMUNICATION RIGHTS (a) In order to ensure the protection of client rights specified in G.S. 122C-62(a)(1) and G.S. 122C-62(d)(2), each state facility shall post the state facility schedule for the collection and di…

10A NCAC 28C .0302 PERSONAL CLOTHING (a) All clients have the right to retain and wear their own clothes as specified in G.S. 122C-62(b)(6) and G.S. 122C-62(d)(6) except when such clothes are determined to be inappropriate to the treatment regimen by the responsible professional,…

10A NCAC 28C .0303 PERSONAL POSSESSIONS (a) Client access to personal possessions shall be in accordance with G.S. 122C-62(b)(6) and G.S. 122C-62(d)(6) except when the possessions are determined to be potentially dangerous articles or otherwise inappropriate to the treatment regi…

10A NCAC 28C .0304 STORAGE AND PROTECTION OF CLOTHING AND POSSESSIONS (a) The state facility shall make a concerted effort to protect the client's personal clothing and possessions from theft, damage, destruction, loss, and misplacement. This includes but is not limited to the fo…

10A NCAC 28C .0305 SOCIAL INTERACTION The state facility shall establish policies to assure the provision of suitable opportunities for the client's social interaction with members of the same and opposite sex and to actively seek, unless specifically contraindicated, interaction…

10A NCAC 28C .0306 CONFIDENTIALITY State facility employees shall comply with G.S. 122C-52 through G.S. 122C-56 and the confidentiality rules codified in 10A NCAC 26B and available in "Confidentiality Rules" division publication APSM 45-1. This document is available for inspectio…

10A NCAC 28C .0307 SEARCH AND SEIZURE (a) In keeping with 10A NCAC 28A Section .0300, which requires all state facilities to have a plan for explaining rights to both clients and state facility employees, state facility employees shall notify the client and his legally responsibl…

10A NCAC 28C .0308 SEARCH OF UNIT/WARD (a) The entire unit, ward or parts of the unit, ward and building may be searched by state facility employees if there is good, substantial and reliable cause to believe that a threatening situation exists that may be dangerous to the client…

10A NCAC 28C .0309 ISSUANCE OF A SEARCH WARRANT If there is probable cause to believe that a client is in possession of the following items and if criminal prosecution of the client is anticipated, such information shall be conveyed by proper affidavit to a magistrate or other of…

10A NCAC 28C .0310 CLIENT'S PERSONAL FUNDS (a) Where the state facility has been designated as representative payee or when the client is a Medicaid recipient, provisions in Paragraphs (b) through (g) of this Rule shall be interpreted in accordance with any requirements of the fu…

SUBCHAPTER 28D - TREATMENT OR HABILITATION RIGHTS SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0101 APPROPRIATE EVALUATION AND TREATMENT OR HABILITATION (a) Each client except day clients shall receive a prompt and comprehensive physical and brief mental statu…

10A NCAC 28D .0102 MEDICAL AND DENTAL CARE (a) The State Facility Director shall assure access to prompt, adequate and necessary medical and dental care and treatment to the client for physical and mental ailments and injuries and for the prevention of illness or disability as sp…

10A NCAC 28D .0103 INDIVIDUALIZED TREATMENT OR HABILITATION PLAN (a) The state facility shall provide qualified professionals to formulate and supervise implementation of the treatment/habilitation plan in accordance with G.S. 122C-57(a). (b) Each client shall be encouraged and h…

10A NCAC 28D .0104 TRANSFER When transferring clients, the State Facility Director shall follow the procedures specified in G.S. 122C-206 and division publication "Transfer of Clients Between State Facilities, APSM 45-1", adopted pursuant to G.S. 150B-14(c). The Division publicat…

10A NCAC 28D .0105 DISCHARGE (a) When a state facility discharges a client, each client shall have a discharge plan as specified in G.S. 122C-61(2) unless the client: (1) is receiving respite services; (2) escapes or breaches the conditions of a conditional release; (3) is unanti…