subchapter 27c – procedures and general information

section .0100 – general policies and procedures

10a NCAC 27c .0101      SCOPE

(a)  These Rules, 10A NCAC 27C, 27D, 27E and 27F, set forth procedures governing the protection of client rights in each public or private facility that provides mental health, developmental disabilities and substance abuse services, with the exception of a state-operated facility. In addition to these Rules, the governing body shall comply with the provisions of G.S. 122C, Article 3, regarding client rights.

(b)  A facility that is certified by the Centers for Medicare and Medicaid Services (CMS) as an Intermediate Care Facility for the Mentally Retarded (ICF/MR), or a Medicare/Medicaid Hospital or a Psychiatric Residential Treatment Facility (PRTF) is deemed to be in compliance with the rules in Subchapters 27C, 27D, 27E and 27F, with the exception of Rules 27C .0102; 27D .0101; .0303; 27E .0104; .0105; .0108 and .0109.

(c)  A facility that is certified as specified in Paragraph (b) of this Rule shall comply with the following:

(1)           use of the definition of physical restraint as specified in Rule .0102 Subparagraph (b)(19) of this Section;

(2)           documentation requirements as specified in 10A NCAC 27D .0303 and 10A NCAC 27E .0104; .0105; .0108 and .0109;

(3)           debriefing requirements as specified in 10A NCAC 27D .0101 and 10A NCAC 27E .0104; and

(4)           training requirements as specified in 10A NCAC 27E .0108 and .0109.

History Note:        Authority G.S. 122C‑51; 131E-67; 143B‑17; 143B‑147;

Eff. February 1, 1991;

Amended Eff. January 1, 1992;

Temporary Amendment Eff. January 1, 2001;

Temporary Amendment Expired October 13, 2001;

Amended Eff. April 1, 2003.

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.