subchapter 13O – healthcare personnel registry

SECTION .0100 - HEALTH CARE PERSONNEL REGISTRY

10A NCAC 13O .0101      DEFINITIONS

The following definitions shall apply throughout this Subchapter:

(1)           "Abuse" is defined by 42 CFR Part 488 Subpart E which is incorporated by reference, including subsequent amendments. Copies of the Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402.

(2)           "Diversion of drugs" means the unauthorized taking or use of any drug.

(3)           "Drug" means any chemical compound that may be used on or administered to humans or animals as an aid in the diagnosis, treatment or prevention of disease or other condition or for the relief of pain or suffering or to control or improve any physiological pathologic condition.

(4)           "Finding" (when used in conjunction with the Health Care Personnel Registry) means a determination by the Department that an allegation of resident abuse or neglect, misappropriation of resident or health care facility property, diversion of drugs belonging to a resident or health care facility, and fraud against a resident or health care facility has been substantiated.

(5)           "Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person. It includes any act that constitutes fraud under applicable Federal or State Law.

(6)           "Health Care Facility" means all the facilities and agencies as defined in G.S. 131E-256(b).

(7)           "Health Care Personnel" means all the persons as defined in G.S. 131E‑256(c).

(8)           "Misappropriation of resident property" is defined by 42 CFR Part 488 Subpart E which is incorporated by reference, including subsequent amendments. Copies of the Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402.

(9)           "Misappropriation of the property of a health care facility" means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a health care facility's property without the facility's consent.

(10)         "Neglect" is defined by 42 CFR Part 488 Subpart E which is incorporated by reference, including subsequent amendments. Copies of the Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402.

(11)         "Resident" means all the individuals residing in or being served by a health care facility as defined in G.S. 131E-256(b).

History Note:        Authority G.S. 131E-256; 42 U.S.C. 1395; 42 U.S.C. 1396;

Temporary Adoption Eff. December 20, 1996;

Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015.