North Carolina Administrative Code

10A NCAC 41A .0202 CONTROL MEASURES – HIV The following are the control measures for the Human Immunodeficiency Virus (HIV) infection: (1) Persons diagnosed with HIV infection (hereafter "person living with HIV") shall: (a) refrain from sexual intercourse unless condoms are used …

10A NCAC 41A .0203 CONTROL MEASURES - HEPATITIS B (a) The following are the control measures for hepatitis B infection. The infected persons shall: (1) refrain from sexual intercourse unless condoms are used except when the partner is known to be infected with or immune to hepati…

10A NCAC 41A .0204 CONTROL MEASURES - SEXUALLY TRANSMITTED DISEASES (a) Local health departments shall provide diagnosis, testing, treatment, follow-up, and preventive services for syphilis, gonorrhea, chlamydia, nongonococcal urethritis, mucopurulent cervicitis, chancroid, lymph…

10A NCAC 41A .0205 CONTROL MEASURES – TUBERCULOSIS (a) The local health director shall investigate all cases of tuberculosis disease and their contacts in accordance with recommendations and guidelines published by the Centers for Disease Control and Prevention which are hereby i…

10A NCAC 41A .0206 INFECTION PREVENTION – HEALTH CARE SETTINGS (a) The following definitions apply throughout this Rule: (1) "Health care organization" means a hospital; clinic; physician, dentist, podiatrist, optometrist, or chiropractic office; home care agency; nursing home; l…

10A NCAC 41A .0207 HIV AND HEPATITIS B INFECTED HEALTH CARE WORKERS (a) The following definitions shall apply throughout this Rule: (1) "Surgical or obstetrical procedures" means vaginal deliveries or surgical entry into tissues, cavities, or organs. The term does not include phl…

10A NCAC 41A .0208 CONTROL MEASURES -- SMALLPOX; VACCINIA DISEASE (a) Guidelines and recommended actions for prevention of the spread of smallpox and for prevention of the spread of vaccinia published by the Center for Disease Control and Prevention (CDC) shall supercede those co…

10A NCAC 41A .0209 LABORATORY TESTING All laboratories shall do the following: (1) When Neisseria meningitidis is isolated from a normally sterile site, test the organism for specific serogroup or send the isolate to the State Laboratory of Public Health for serogrouping; (2) Whe…

10A NCAC 41A .0210 DUTIES OF ATTENDING PHYSICIANS Immediately upon making a diagnosis of or reasonably suspecting a communicable disease or communicable condition for which control measures are provided in Rule .0201, .0202 or .0203 of this Section, the attending physician shall …

10A NCAC 41A .0211 DUTIES OF OTHER PERSONS (a) The local health director may reveal the identity and diagnosis of a person with a reportable communicable disease or communicable condition or other communicable disease or communicable condition which represents a significant threa…

10A NCAC 41A .0212 HANDLING AND TRANSPORTATION OF BODIES (a) Persons handling the body of any person who has died shall comply with the standard precautions for all patient care published by the United States Centers for Disease Control and Prevention, which are hereby incorporat…

10A NCAC 41A .0213 CONTROL MEASURES -- SARS Guidelines and recommended actions for prevention of the spread of Severe Acute Respiratory Syndrome (SARS) published by the Centers for Disease Control and Prevention (CDC) shall be the required control measures for SARS and are incorp…

10A NCAC 41A .0214 CONTROL MEASURES - HEPATITIS C The following are the control measures for hepatitis C infection: (1) Infected persons shall not: (a) share needles or syringes, any other drug-related equipment or paraphernalia, or personal items, such as razors, that may be con…

SECTION .0300 - SPECIAL CONTROL MEASURES 10A NCAC 41A .0301 DEFINITIONS The following definitions shall apply in the interpretation of 10A NCAC 41A .0302: (1) "Turtle" means any reptile of the order Testudines. (2) "Institution" means a school, college, university, research labor…

10A NCAC 41A .0302 SALE OF TURTLES RESTRICTED (a) To prevent the spread of salmonellosis from pet turtles to humans, no turtle with a carapace length of less than four inches shall be sold, offered for sale, or bartered by any retail or wholesale establishments except as follows:…

10A NCAC 41A .0303 RECORDING THE SALES OF BIRDS (a) A business engaged in the retail sale of birds shall maintain a record of each sale for at least six months after the sale. The record shall include the name and address of the purchaser of each bird. The record shall be made av…

section .0400 - IMMUNIZATION 10A NCAC 41A .0401 DOSAGE AND AGE REQUIREMENTS FOR IMMUNIZATION (a) Every individual in North Carolina required to be immunized pursuant to G.S. 130A-152 through 130A-157 shall be immunized against the following diseases and have documentation of age-…

10A NCAC 41A .0402 APPROVED VACCINE PREPARATIONS All vaccine preparations licensed for interstate use by the Bureau of Biologic Standards of the U.S. Food and Drug Administration are approved for use in fulfilling the requirements of 10 NCAC 07A .0401. History Note: Authority G.S…

10A NCAC 41A .0403 NON-RELIGIOUS PERSONAL BELIEF NO EXEMPTION Except as provided in G.S. 130A-156 and G.S. 130A-157, and 10A NCAC 41A .0404 and .0405, no child shall be exempt from the requirements of 10A NCAC 41 .0401; there is no exception to these requirements for the case of …

10A NCAC 41A .0404 MEDICAL EXEMPTIONS FROM IMMUNIZATION (a) Certification of a medical exemption by a physician pursuant to G.S. 130A-156 shall be in writing and shall state the basis of the exemption, the specific vaccine or vaccines the individual should not receive, and the le…

10A NCAC 41A .0405 EXEMPTION FOR CLINICAL STUDIES An individual enrolled in a clinical trial of the efficacy of a new vaccine preparation or dosage schedule shall be exempted from those requirements of 10A NCAC 41A .0401 and .0402 which conflict with the trial protocol. This exem…

10A NCAC 41A .0406 ACCESS TO IMMUNIZATION INFORMATION (a) Physicians, local health departments and the Department shall, upon request and without consent release the immunization information specified in Paragraph (b) of this Rule to the following organizations: (1) schools K-12,…

SECTION .0500 - PURCHASE AND DISTRIBUTION OF VACCINE 10A NCAC 41A .0501 PURCHASE OF VACCINE The Division of Public Health may enter into contracts for the purchase of vaccines. Any purchase of such vaccines shall be in accordance with Article 3 of G.S. 143 and 01 NCAC 05A. Histor…

10A NCAC 41A .0502 VACCINE FOR PROVIDERS OTHER THAN LOCAL HEALTH DEPARTMENTS History Note: Authority G.S. 130A-433; Temporary Rule Eff. October 5, 1986 for a period of 120 days to expire on February 1, 1987; Temporary Rule Eff. February 1, 1987 for a period of 120 days to expire …

SECTION .0600 - SPECIAL PROGRAM/PROJECT FUNDING 10A NCAC 41A .0601 RESERVED FOR FUTURE CODIFICATION

SECTION .0700 - LICENSED NURSING HOME SERVICES 10A NCAC 41A .0701 MEDICAL ELIGIBILITY FOR LICENSED NURSING HOME SERVICES History Note: Authority G.S. 130A-177; Eff. October 1, 1985; Amended Eff. September 1, 1990; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0800 - COMMUNICABLE DISEASE GRANTS AND CONTRACTS 10A NCAC 41A .0801 COMMUNICABLE DISEASE FINANCIAL GRANTS AND CONTRACTS (a) The Division of Public Health may enter into financial arrangements with local health departments, community hospitals, nursing homes, or other con…

10A NCAC 41A .0802 RESERVED FOR FUTURE CODIFICATION

10A NCAC 41A .0803 RESERVED FOR FUTURE CODIFICATION

section .0900 - BIOLOGICAL AGENT REGISTRY 10A NCAC 41A .0901 GENERAL The biological agent registry established by G.S. 130A-149 is administered by the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915. History Note: Authority G.S. 130A-149; T…

10A NCAC 41A .0902 BIOLOGICAL AGENTS TO BE REPORTED The biological agents that shall be reported to the registry shall be those agents listed as select agents in 42 C.F.R. Part 72, Appendix A which is adopted herein by reference including subsequent amendments and editions. Copie…

10A NCAC 41A .0903 WHEN TO REPORT A person possessing and maintaining a listed biological agent on the effective date of these Rules shall make a report within 45 days of the effective date of these Rules. A person who does not possess and maintain any listed biological agents on…

10A NCAC 41A .0904 WHAT TO REPORT The report shall be made on a form created by the Department and shall identify the listed biological agents possessed and maintained at the facility; shall specify the use of the agents for vaccine production, research purposes, quality control …

10A NCAC 41A .0905 EXEMPTION FROM REPORTING A person who detects a listed biological agent in a clinical or environmental sample for the purpose of diagnosing disease, epidemiological surveillance, exposure assessment, reference, verification or proficiency testing, and who disca…

10A NCAC 41A .0906 SECURITY All persons possessing and maintaining a listed biological agent must demonstrate compliance with all safeguards contained in the 42 C.F.R. Part 72 and the Rules promulgated thereunder, and must employ those federal safeguards over the agents they poss…

10A NCAC 41A .0907 RELEASE OF INFORMATION The Department shall release information contained in the Biological Agents Registry only by order of the State Health Director upon a finding that the release is necessary for the conduct of a communicable disease investigation or for th…

subchapter 41b – injury control section .0100 – general policies 10A NCAC 41B .0101 DEFINITIONS The definitions in G.S. 18B-101, G.S. 20-4.01, G.S. 130A-3 and the following shall apply throughout this Subchapter: (1) "Alcoholic Breath Simulator" means a constant temperature water…

10A NCAC 41B .0102 CONSULTANT PANEL AND REVIEW BOARD FEES History Note: Authority G.S. 20-9; 143B-10; Eff. December 22, 1980; Amended Eff. July 1, 2005; January 1, 1990; October 1, 1986; Repealed Eff. November 1, 2005.

SECTION .0200 - BLOOD ALCOHOL TEST REGULATIONS 10A NCAC 41B .0201 INITIAL PERMIT FOR BLOOD ANALYST (a) Any person desiring an initial permit as a blood analyst shall make written application to the Director. (b) In the application, the applicant shall set out his professional qua…

10A NCAC 41B .0202 GRANTING PERMITS (a) After receiving the application, the Director shall grant or deny permits to perform chemical analyses of the blood on the basis of his determination of the character and qualifications of the applicant and whether the method of chemical an…

10A NCAC 41B .0203 APPROVED PERMITS (a) A blood analyst performing chemical analyses of blood in accordance with the description set out in the application for an initial, renewal, or modified permit shall be deemed to be performing such analyses in a manner approved by the Direc…

10A NCAC 41B .0204 MODIFICATION OF PERMIT Before making any material alteration in method or procedure for performing chemical analyses of blood, a blood analyst must be granted a modified permit from the Director. The provisions applicable for the granting of initial permits sha…

10A NCAC 41B .0205 RENEWAL OF PERMIT (a) At least three months prior to the expiration of the permit, a blood analyst desiring to renew the permit must submit written application for renewal to the Director. (b) The procedure applicable to the granting of initial applications sha…

10A NCAC 41B .0206 DETERMINATION OF RENEWAL OF PERMIT (a) In determining whether to renew the permit of a blood analyst, the Director shall consider whether the method and procedure continues to meet the generally accepted forensic standards for chemical analyses of blood; he sha…

10A NCAC 41B .0207 EVALUATION OF BLOOD ANALYSTS The Director may institute a procedure for periodically testing the competence of blood analysts, which may include supervisory inspections of laboratories in which chemical analyses of blood are being performed. History Note: Autho…

10A NCAC 41B .0208 REVOCATION OF PERMIT (a) If the Director receives unfavorable information concerning the character or ability of any blood analyst, he shall direct an investigation to be made. If the Director becomes satisfied that the unfavorable information is accurate, and …

10A NCAC 41B .0209 REPORTING OF ALCOHOL CONCENTRATIONS BY BLOOD ANALYSTS When performing chemical analyses of blood under the authority of G.S. 20-139.1 and the provisions of these rules, blood analysts shall report alcohol concentrations based on grams of alcohol per 100 millili…