Generated 10/21/2018 at 6:48 AM
Commission Review
Log of Permanent Rule Filings
May 21, 2009 through June 22, 2009
HHS - Health Service Regulation, Division of
The rules in Chapter 14 concern services provided by the Division of Health Service Regulation. The rules in Subchapter 14C are Certificate of Need regulations including general provisions (.0100); applications and review process (.0200); exemptions (.0300); appeal process (.0400); enforcement and sanctions (.0500); and criteria and standards for nursing facility or adult care home services (.1100), intensive care services (.1200), pediatric intensive care services (.1300), neonatal services (.1400), hospices, hospice inpatient facilities, and hospice residential care facilities (.1500), cardiac catheterization equipment and cardiac angioplasty equipment (.1600), open heart surgery services and heart-lung bypass machines (.1700), diagnostic centers (.1800), radiation therapy equipment (.1900), home health services (.2000), surgical services and operating rooms (.2100), end stage renal disease services (.2200), computed tomography equipment (.2300), immediate care facility/mentally retarded (ICF/MR) (.2400), substance abuse/chemical dependency treatment beds (.2500), psychiatric beds (.2600), magnetic resonance imaging scanner (.2700), rehabilitation services (.2800), bone marrow transplantation services (.2900), solid organ transplantation services (.3000), major medical equipment (.3100), lithotriptor equipment (.3200), air ambulance (.3300), burn intensive care services (.3400), oncology treatment centers (.3500), gamma knife (.3600), positron emission tomography scanner (.3700), acute care beds (.3800), gastrointestinal endoscopy procedure rooms in licensed health service facilities (.3900), and hospice inpatient facilities and hospice residential care facilities (.4000).
Definitions
Amend
10A NCAC 14C .2601
Information Required of Applicant
Amend
10A NCAC 14C .2602
HHS - Mental Health, Division of
The rules in Chapter 27 concern mental health community facilities and services. The rules in Subchapter 27G are from either the department or the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services including general information (.0100); operation and management rules (.0200); physical plant rules (.0300); facility licensing procedures (.0400); area program requirements (.0500); area authority or county program monitoring of facilities and services (.0600); accreditation of area programs and services (.0700); waivers and appeals (.0800); general rules for infants and toddlers (.0900); partial hospitalization for individuals who are mentally ill (.1100); psychological rehabilitation facilities for individuals with severe and persistent mental illness (.1200); residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1300); day treatment for children and adolescents with emotional or behavioral disturbances (.1400); intensive residential treatment for children and adolescents who are emotionally disturbed or who have a mental illness (.1500); residential treatment staff secure facilities for children or adolescents (.1700); psychiatric residential treatment facilities for children and adolescents (.1900); specialized community residential centers for individuals with developmental disabilities (.2100); before/after school and summer developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2200); adult developmental and vocational programs for individuals with developmental disabilities (.2300); developmental day services for children with or at risk for developmental delays or disabilities, or atypical development (.2400); early childhood intervention services (ECIS) for children with an at risk for developmental delays or disabilities, or atypical development and their families (.2500); nonhospital medical detoxification for individuals who are substance abusers (.3100); social setting detoxification for substance abuse (.3200); outpatient detoxification for substance abuse (.3300); residential treatment/rehabilitation for individuals with substance abuse disorders (.3400); outpatient facilities for individuals with substance abuse disorders (.3500); outpatient opioid treatment (.3600); day treatment facilities for individuals with substance abuse disorders (.3700); substance abuse services for DWI offenders (.3800); drug education schools (DES) (.3900); treatment alternatives to street crimes (TASC) (.4000); substance abuse primary prevention services (.4200); therapeutic community (.4300); facility based crises services for individual of all disability groups (.5000); community respite services for individuals of all disability groups (.5100); residential therapeutic (habilitative) camps for children and adolescents of all disability groups (.5200); day activity for individuals of all disability groups (.5400); sheltered workshops for individuals of all disability groups (.5500); supervised living for individuals of all disability groups (.5600); assertive community treatment service (.5700); supportive employment for individuals of all disability groups (.5800); case management for individuals of all disability groups (.5900); inpatient hospital treatment for individuals who have mental illness or substance abuse disorders (.6000); emergency services for individuals of all disability groups (.6100); outpatient services for individuals of all disability groups (.6200); companion respite services for individuals of all disability groups (.6300); personal assistants for individuals of all disabilities groups (.6400); employment assistance programs (.6500); specialized foster care services (.6600); forensic screening and evaluation services for individuals of all disability groups (.6700); prevention services (.6800); consultation and education services (.6900); local management entity response to complaints (.7000); and target population (.7100).
Scope
Amend
10A NCAC 27G .0601
Definitions
Amend
10A NCAC 27G .0602
Incident Response Requirements for Categories A and B Pro...
Amend
10A NCAC 27G .0603
Incident Reporting Requirements for Categories A and B Pr...
Amend
10A NCAC 27G .0604
Local Management Entity Management of Incidents
Amend
10A NCAC 27G .0605
Referral of Complaints to Local Management Entities Perta...
Amend
10A NCAC 27G .0606
Complaints Pertaining to Category A or Category B Provide...
Repeal
10A NCAC 27G .0607
Local Monitoring
Amend
10A NCAC 27G .0608
Local Management Entity Reporting Requirements
Amend
10A NCAC 27G .0609
Requirements Concerning the Need for Protective Services
Amend
10A NCAC 27G .0610
Public Health, Commission for
The rules in Chapter 45 are general procedures for public health programs. The rules in Subchapter 45A are rules about payment programs including general provisions (.0100); eligibility determinations (.0200); eligibility procedures (.0300); reimbursement (.0400); and quality control (.0500).
Determination of Financial Eligibility
Amend
10A NCAC 45A .0202
Justice Academy
The rules in Chapter 6 are from the North Carolina Justice Academy. The rules in Subchapter 6A concern organization and rules including general provisions (.0100); purpose (.0200); organization (.0300); course availability (.0400); student costs (.0500); student conduct (.0600); building use (.0700); and student awards and certificates (.0800).
Name and Location
Amend
12 NCAC 06A .0101
Mailing Address
Amend
12 NCAC 06A .0102
Firearms
Amend
12 NCAC 06A .0603
Valuables
Repeal
12 NCAC 06A .0604
Use by Public
Repeal
12 NCAC 06A .0703
Appeal Upon Unsatisfactory Completion of Course
Repeal
12 NCAC 06A .0803
Revenue, Department of
The rules in Chapter 7 are sales and use tax. The rules in Chapter 7B concern state sales and use tax including general provisions (.0100); adjustments, replacements and alterations and installation sales (.0800); advertising, advertising agencies and public relations firms (.0900); barbers, beauty shop operators, shoe and watch repairmen (.1000); sales of bulk tobacco barns and farm machines and equipment (.1100); hotels, motels, tourist camps and tourist cabins (.1200); sales in interstate commerce (.1300); sales of medicines, drugs and medical supplies (.1400); finance companies, finance charges and carrying charges (.1500); sales to or by hospitals, educational, charitable or religious institutions, and refunds thereto (.1600); sales to or by the state, counties, cities and other political subdivisions (.1700); hospitals and sanitariums (.1800); tire recappers and retreaders: and tire and tube repairs (.1900); sales and gifts by employers to employees or other users (.2000); electricity, piped natural gas, bottled gas, coal, coke, fuel oil, oxygen, acetylene, hydrogen, liquefied petroleum gas and other combustibles (.2100); food and food products for human consumption (.2200); sales to out-of-state merchants for resale (.2300); sales of medical supplies and equipment to veterinarians (.2400); furniture and storage warehousemen (.2500); liability of contractors, use tax on equipment brought into state and building materials (.2600); dentists, dental laboratories and dental supply houses (.2700); florists, nurserymen, greenhouse operators and farmers (.2800); vending machines (.2900); articles taken in trade, trade-ins, repossessions, returned merchandise and used or secondhand merchandise (.3000); radio and television stations and motion picture theatres (.3100); telecommunications and telegraph companies (.3200); orthopedic appliances (.3300); memorial stone and monument dealers and monument manufactures (.3400); machinists, foundrymen and pattern makers (.3500); lubricants and oils and greases (.3700); premiums and gifts and trading stamps (.3800); containers, wrapping and packing and shipping materials (.3900); fertilizer, seeds and feed and insecticides (.0400); artists, art dealers and photographers (.4100); sales to the United States government or agencies thereof (.4200); refunds to interstate carriers (.4300); lease or rental (.4400); laundries, dry cleaning plants, launderettes, linen rentals and solicitors for such businesses (.4500); motor vehicles and boats (.4600); printers and newspaper or magazine publishers (.4700); basis of reporting (.4800); eyeglasses and other ophthalmic aids and supplies, oculists and optometrists and opticians (.5000); leased departments and transient sellers (.5100); baby chicks and poults (.5200); and certificate of authority and bond requirements (.5300).
Parents and Teachers Associations
Amend
17 NCAC 07B .1603
Sawdust Used as Fuel
Amend
17 NCAC 07B .2102
LP Gas Sold to Farmers
Amend
17 NCAC 07B .2104
Seafoods
Amend
17 NCAC 07B .2212
Subcontractors
Amend
17 NCAC 07B .2607
Sales of Developed Film to Television Stations
Amend
17 NCAC 07B .3105
Cable Service Providers
Amend
17 NCAC 07B .3106
Memorial Stone Sales
Amend
17 NCAC 07B .3401
Monument Manufacturers: Tools and Supplies
Amend
17 NCAC 07B .3402
Machinists: Foundrymen: Pattern Makers
Amend
17 NCAC 07B .3501
Molds: Dies: Retained by Seller
Amend
17 NCAC 07B .3504
Molds: Dies: Record Keeping
Amend
17 NCAC 07B .3506
Funeral Expenses
Amend
17 NCAC 07B .3601
Death Benefit Payments
Repeal
17 NCAC 07B .3603
Sales of Lubricants
Amend
17 NCAC 07B .3702
Premiums and Gifts
Amend
17 NCAC 07B .3801
Redemption of Trading Stamps
Amend
17 NCAC 07B .3803
Fertilizer and Seeds
Amend
17 NCAC 07B .4002
Conditional Sales Contract
Amend
17 NCAC 07B .4413
Receipts of Laundries, etc.
Amend
17 NCAC 07B .4501
Equipment and Supplies for Laundries, etc.
Amend
17 NCAC 07B .4503
Laundry Business: Interstate
Amend
17 NCAC 07B .4508
Independent Cleaning Solicitors
Amend
17 NCAC 07B .4510
Cleaning Machinery Repairs
Amend
17 NCAC 07B .4514
Dental Examiners, Board of
The rules in Chapter 16 cover the licensing of dentists and dental hygienists. The rules in Subchapter 16B concern licensure examination for dentists including examination required (.0100); qualifications (.0200); application (.0300); Board conducted examinations (.0400); licensure by credentials (.0500); limited volunteer dental license (.0600); instructor's license (.0700); temporary volunteer dental license (.0800); and exemptions for active military (.0900).
In General
Amend
21 NCAC 16B .0201
The rules in Subchapter 16F concern professional corporations.
Corporate or Limited Liability Company Name
Amend
21 NCAC 16F .0103
Certificate of Registration
Amend
21 NCAC 16F .0104
The rules in Subchapter 16Y concern permitting intern dentists.
Eligibility Requirements
Amend
21 NCAC 16Y .0101
Massage and Bodywork Therapy, Board of
The rules in Chapter 30 concern organization and general provisions (.0100); application for licensure (.0200); licensing (.0300); business practices (.0400); standards of professional conduct (.0500); massage and bodywork therapy schools (.0600); continuing education (.0700); rules (.0800); complaints, disciplinary action and hearings (.0900); and massage and bodywork therapy establishments (.1000).
Definitions
Amend
21 NCAC 30 .0602
Speech and Language Pathologists and Audiologists, Board of Examiners for
The rules in Chapter 64 are from the Board of Examiners for Speech and Language Pathologists and Audiologists and include general provisions (.0100); interpretative rules (.0200); code of ethics (.0300); rulemaking petitions (.0400); notice of rulemaking (.0500); conduct of rulemaking hearings (.0600); declaratory rulings (.0700); contested case hearings (.0800); other matters relating to administrative hearings (.0900); and use of speech/language pathology assistants (.1000).
Hearing Screening
Amend
21 NCAC 64 .0212
State Personnel Commission (retired)
The rules in Subchapter 1D are the rules dealing with compensation and include administration of the pay plan (.0100); new appointments (.0200); promotion (.0300); demotions or reassignments (.0400); separation (.0500); reallocation (.0600); salary range revision (.0700); initial classification (.0800); transfer (.0900); reinstatement (.1000); longevity pay (.1200); holiday premium pay (.1300); shift premium pay (.1400); emergency call-back pay (.1500); foreign service pay (.1600); employment of physicians for extended duty (.1800); hours of work and overtime compensation (.1900); unemployment insurance (.2000); special salary adjustments (.2100); comprehensive compensation system (.2500); and in-range salary adjustments (.2600).q
Total State Service Defined
Amend
25 NCAC 01D .0112
The rules in Subchapter 1E cover employee benefits including general leave provisions (.0100); vacation leave (.0200); sick leave (.0300); workers compensation leave (.0700); military leave (.0800); holidays (.0900); miscellaneous leave (.1000); other types of leave without pay (.1100); community involvement (.1200); the voluntary shared leave program (.1300); family and medical leave (.1400); child involvement leave (.1500); community services leave (.1600); administrative leave (.1700) and incentive leave (.1800).
Compensatory Time
Amend
25 NCAC 01E .1006
The rules in Subchapter 1H concern recruitment and selection including general provisions (.0600); general provision for priority consideration (.0700); promotional priority (.0800); reduction-in-force-priority reemployment (.0900); exempt priority consideration (.1000); and veteran's preference (.1100).
Posting and Announcement of Vacancies
Amend
25 NCAC 01H .0631
Administrative Hearings, Office of
The rules in Chapter 3 are from the Hearings Division and cover procedure (.0100); mediated settlement conferences (.0200); simplified procedures for medicaid applicant and recipient repeals (.0400); and electronic filing (.0500).
Hearing Procedures Rules
Adopt
26 NCAC 03 .0401
Mediation Settlement Conference Rules
Adopt
26 NCAC 03 .0402
Expedited Hearings Procedures for Complex Contested Cases
Adopt
26 NCAC 03 .0403