10A NCAC 26B .0103       DEFINITIONS

(a)  The following terms shall have the meanings specified in G.S. 122C‑3, 122C‑4 and 122C‑53:

(1)           "Area board",

(2)           "Area facility",

(3)           "Confidential information",

(4)           "Guardian",

(5)           "Internal client advocate",

(6)           "Legally responsible person",

(7)           "Next of kin",

(8)           "Provider of support services",

(9)           "Secretary", and

(10)         "State facility".

(b)  As used in this Subchapter, unless the context clearly requires otherwise, the following terms have the meanings specified:

(1)           "Client Record" means any documentation made of confidential information.  For the purpose of the rules in this Subchapter, this also includes confidential information generated on an individual who was not admitted but received a service from an area or state facility.

(2)           "Clinical Staff Member" means a mental health, developmental disabilities or substance abuse professional who provides active treatment/habilitation to a client.

(3)           "Confidential information" as defined in G.S. 122C‑3 includes but is not limited to photographs, videotapes, audiotapes, client records, reimbursement records, verbal information relative to clients served, client information stored in automated files, and clinical staff member client files.

(4)           "Delegated Employee" means anyone designated by the facility head to carry out the responsibilities established by the rules in this Subchapter.

(5)           "Disclosure of Information" means the dissemination of confidential information without consent.

(6)           "Division" means Division of Mental Health, Developmental Disabilities and Substance Abuse Services.

(7)           "Legitimate role in the therapeutic services offered" means next of kin or other family member who, in the judgment of the responsible professional as defined in G.S. 122C-3, and after considering the opinion of the client, currently provides, or within the past 12 months preceding the current hospitalization, provided substantial time or resources in the care of the client.

(8)           "Minor Client" means a person under 18 years of age who has not been married or who has not been emancipated by a decree issued by a court of competent jurisdiction or is not a member of the armed forces.

(9)           "Parent" means the biological or adoptive mother or father of a minor.  Whenever "parents" are legally separated or divorced or have never been married, the "parent" legally responsible for the minor shall be the "parent" granted custody or either parent when joint custody has been granted.

(10)         "Person Standing in Loco Parentis" means one who has put himself in the place of a lawful parent by assuming the rights and obligations of a parent without formal adoption.

(11)         "Release of Information" means the dissemination of confidential information with consent.

(12)         "Signature" means signing by affixing one's own signature; or by making one's mark; or impressing some other sign or symbol on the paper by which the signature may be identified.


History Note:        Authority G.S. 122C‑3; 122C‑4; 122C‑52; 122C-55; 131E‑67; 143B‑147;

Eff. July 1, 1979;

Amended Eff. November 2, 1992; February 1, 1991; March 1, 1990; February 1, 1986;

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