North Carolina register, July 1998 - present

              NORTH CAROLINA
REGISTER
Volume 16, Issue 11
Pages 950 - 1059
December 3, 2001
This issue contains documents officially filed
through November 7, 2001.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
Voting Rights Letters.....................................................950 - 955
II. RULE-MAKING PROCEEDINGS
Insurance
Property and Casualty Division ...............................956
Licensing Boards
Cosmetic Art Examiners ...........................................956
Engineers & Surveyors, Board of Professional.....956
III. PROPOSED RULES
Agriculture
Pesticide Board ...........................................................957 - 959
Health and Human Services
Facility Services..........................................................959 - 962
HHS -Health - Epidemiology....................................966 - 973
Insurance
Managed Care Health Benefits Plans......................962 - 963
Justice
Criminal Justice Education & Training
Standards Commission..........................................963 - 966
Licensing Boards
Plumbing, Heating and Fire Sprinkler
Contractors, Board of Examiners .......................973 - 976
IV. TEMPORARY RULES
Health and Human Services
Facility Services..........................................................977 - 978
Medical Assistance.....................................................986 - 995
Mental Health, Developmental Disabilities
And Substance Abuse Services ..........................978 - 986
V. APPROVED RULES ...................................................996 - 1029
Environment and Natural Resources
Environmental Management
Health Services
Health and Human Services
Aging, Office of
Medical Assistance
Justice
Criminal Justice Education and Training Standards
Licensing Boards
Mortuary Science, Board of
Transportation
Motor Vehicle, Division of
VI. RULES REVIEW COMMISSION..........................1030 - 1034
VII. CONTESTED CASE DECISIONS
Index to ALJ Decisions.................................................1035 - 1042
Text of Selected Decisions
00 EHR 1225 ...............................................................1043 - 1059
VIII. CUMULATIVE INDEX .............................................1 - 81
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
*21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures (Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. (Repealed)
Pastoral Counselors, Fee-Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Respiratory Care Board
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
61
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for July 2000 – June 2001
Filing Deadlines
Notice of
Rule-Making
Proceedings
Notice of Text
Temporary
Rule
volume &
issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
15:13 01/02/01 12/07/00 03/15/01 01/17/01 02/01/01 02/20/01 05/00/02 03/05/01 03/20/01 05/00/02 09/29/01
15:14 01/16/01 12/20/00 04/02/01 01/31/01 02/15/01 02/20/01 05/00/02 03/19/01 03/20/01 05/00/02 10/13/01
15:15 02/01/01 01/10/01 04/02/01 02/16/01 03/05/01 03/20/01 05/00/02 04/02/01 04/20/01 05/00/02 10/29/01
15:16 02/15/01 01/25/01 05/01/01 03/02/01 03/19/01 03/20/01 05/00/02 04/16/01 04/20/01 05/00/02 11/12/01
15:17 03/01/01 02/08/01 05/01/01 03/16/01 04/02/01 04/20/01 05/00/02 04/30/01 05/21/01 05/00/02 11/26/01
15:18 03/15/01 02/22/01 05/15/01 03/30/01 04/16/01 04/20/01 05/00/02 05/14/01 05/21/01 05/00/02 12/10/01
15:19 04/02/01 03/12/01 06/01/01 04/17/01 05/02/01 05/21/01 05/00/02 06/01/01 06/20/01 05/00/02 12/28/01
15:20 04/16/01 03/26/01 06/15/01 05/01/01 05/16/01 05/21/01 05/00/02 06/15/01 06/20/01 05/00/02 01/11/02
15:21 05/01/01 04/10/01 07/02/01 05/16/01 05/31/01 06/20/01 05/00/02 07/02/01 07/20/01 05/00/02 01/26/02
15:22 05/15/01 04/24/01 07/16/01 05/30/01 06/14/01 06/20/01 05/00/02 07/16/01 07/20/01 05/00/02 02/09/02
15:23 06/01/01 05/11/01 08/01/01 06/18/01 07/02/01 07/20/01 05/00/02 07/31/01 08/20/01 05/00/02 02/26/02
15:24 06/15/01 05/25/01 08/15/01 07/02/01 07/16/01 07/20/01 05/00/02 08/14/01 08/20/01 05/00/02 03/12/02
16:01 07/02/01 06/11/01 09/04/01 07/17/01 08/01/01 08/20/01 05/00/02 08/31/01 09/20/01 05/00/02 03/29/02
16:02 07/16/01 06/22/01 09/17/01 07/31/01 08/15/01 08/20/01 05/00/02 09/14/01 09/20/01 05/00/02 04/12/02
16:03 08/01/01 07/11/01 10/01/01 08/16/01 08/31/01 09/20/01 05/00/02 10/01/01 10/22/01 05/00/02 04/28/02
16:04 08/15/01 07/25/01 10/15/01 08/30/01 09/14/01 09/20/01 05/00/02 10/15/01 10/22/01 05/00/02 05/12/02
16:05 09/04/01 08/13/01 11/15/01 09/19/01 10/04/01 10/22/01 05/00/02 11/05/01 11/20/01 05/00/02 06/01/02
16:06 09/17/01 08/24/01 12/03/01 10/02/01 10/17/01 10/22/01 05/00/02 11/16/01 11/20/01 05/00/02 06/14/02
16:07 10/01/01 09/10/01 12/03/01 10/16/01 10/31/01 11/20/01 05/00/02 11/30/01 12/20/01 05/00/02 06/28/02
16:08 10/15/01 09/24/01 12/17/01 10/30/01 11/14/01 11/20/01 05/00/02 12/14/01 12/20/01 05/00/02 07/12/02
16:09 11/01/01 10/11/01 01/02/02 11/16/01 12/03/01 12/20/01 05/00/02 12/31/01 01/21/02 05/00/02 07/29/02
16:10 11/15/01 10/24/01 01/15/02 11/30/01 12/17/01 12/20/01 05/00/02 01/14/02 01/21/02 05/00/02 08/12/02
16:11 12/03/01 11/07/01 02/01/02 12/18/01 01/02/02 01/22/02 05/00/02 02/01/02 02/20/02 05/00/02 08/30/02
16:12 12/17/01 11/26/01 02/15/02 01/02/02 01/16/02 01/22/02 05/00/02 02/15/02 02/20/02 05/00/02 09/13/02
non-substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by
the Rules Review Commission;
(5) notices of receipt of a petition for
municipal incorporation, as required
by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G. S. 120-30.9H;
(8) orders of the Tax Review Board
issued under G.S. 105-241.2; and
(9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE-MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE-MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule-making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule-making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a month by the last
day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT
REGULAR SESSION OF THE GENERAL
ASSEMBLY: This date is the first
legislative day of the next regular session
of the General Assembly following
approval of the rule by the Rules Review
Commission. See G.S. 150B-21.3,
Effective date of rules.
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
950
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
U.S. Department of Justice
Civil Rights Division
JDR:DHH:NT:nj:jdh Voting Section
DJ 166-012-3 PO. Box 66128
2001-1872 Washington, D.C. 20035-6128
July 17, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the 2001 redistricting plan for the Town of Ahoskie in Hertford County, North Carolina, submitted to the
Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on July 3, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would
otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Future submissions under Section 5 for delivery by the United States Postal Service should be addressed as follows: Chief,
Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128, Washington, D.C. 20035-6128. Submissions for
delivery by commercial express service companies should be addressed as follows: Chief, Voting Section, Civil Rights Division,
Department of Justice, 1800 G Street, N.W., Room 7254, Washington, D.C. 20096. In either case, the envelope and first page should
be marked: Submission under Section 5 of the Voting Rights Act.
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
951
U.S. Department of Justice
Civil Rights Division
JDR:MSR:TGL:par Voting Section
DJ 166-012-3 PO. Box 66128
2001-1802 Washington, D.C. 20035-6128
2001-2172
August 14, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the 2001 redistricting plan for the city council, and the delay of the 2001 general election for the city of
Laurinburg in Scotland County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42,
U.S.C. 1973c. We received your submissions on June 26 and July 27, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would
otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
952
U.S. Department of Justice
Civil Rights Division
JDR:MSR:SMC:par Voting Section
DJ 166-012-3 PO. Box 66128
2001-2171 Washington, D.C. 20035-6128
August 23, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the postponement of the November 2001 general election until May 2002 for the City of High Point in Guilford
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We
received your submission on July 27, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would
otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.41 and 51.43).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
953
U.S. Department of Justice
Civil Rights Division
JDR:DHH:ALP:nj Voting Section
DJ 166-012-3 PO. Box 66128
2001-2161 Washington, D.C. 20035-6128
September 17, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the postponement of the November 2001 general election to May 7, 2002 for the City of Jacksonville in
Onslow County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c.
We received your submis sion on July 27, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
954
U.S. Department of Justice
Civil Rights Division
JDR:DHH:TAR:nj Voting Section
DJ 166-012-3 PO. Box 66128
2001-2170 Washington, D.C. 20035-6128
September 18, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the postponement of the November 2001 general election until May 2002 for the Town of Tarboro in
Edgecombe County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C.
1973c. We received your submission on July 27, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
IN ADDITION
16:11 NORTH CAROLINA REGISTER December 3, 2001
955
U.S. Department of Justice
Civil Rights Division
JDR:JBG:SLL:par Voting Section
DJ 166-012-3 PO. Box 66128
2001-2173 Washington, D.C. 20035-6128
September 20, 2001
Michael Crowell, Esq.
Tharrington Smith
P.O. Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
This refers to the postponement of the November 2001 general election until May 2002 for the Town of Enfield in Halifax
County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We
received your submission on July 27, 2001.
The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41).
Sincerely,
Joseph D. Rich
Acting Chief
Voting Section
RULE-MAKING PROCEEDINGS
16:11 NORTH CAROLINA REGISTER December 3, 2001
956
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can
be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 11 – DEPARTMENT OF INSURANCE
CHAPTER 10 – PROPERTY AND CASUALTY DIVISION
Notice of Rule-making Proceedings is hereby given by NC
Department of Insurance in accordance with G.S. 150B-21.2.
The agency shall subsequently publish in the Register the text of
the rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 11
NCAC 10 .1102, .1113-.1114, .1203, .1206, .1209. Other rules
may be proposed in the course of the rule-making process.
Authority for the Rule-making: 58-2-40; 58-3-150; 58-36-15;
58-36-30; 58-36-55; 58-36-65; 58-36-70; 58-36-100; 58-40-30;
58-40-40; 58-41-50; 58-45-35; 58-45-45; 58-46-15
Statement of the Subject Matter: Rate and form fillings
Reason for Proposed Action: Rules need to be amended in
order to be NAIC compliant.
Comment Procedures: Written comments may be sent to
Charles Swindell, NC Department of Insurance, Property &
Casualty, P.O. Box 26387, Raleigh, NC 27611.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 14 – BOARD OF COSMETIC ART
EXAMINERS
Notice of Rule-making Proceedings is hereby given by NC
State Board of Cosmetic Art Examiners in accordance with G.S.
150B-21.2. The agency shall subsequently publish in the
Register the text of the rule(s) it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 14B .0603; 14G .0103; 14J .0208; 14K .0106; 14N
.0103; 14P .0105-.0106, .0108, .0116; 14Q. Other rules may be
proposed in the course of the rule-making process.
Authority for the Rule-making: G.S. 88B-4
Statement of the Subject Matter: Rules for teaching
cosmetology in an approved beauty school and imposing civil
penalties
Reason for Proposed Action: To update the curriculum for all
schools and salons
Comment Procedures: Written comments concerning this rule-making
action must be submitted to Dee Williams, Rule-Making
Coordinator, NC State Board of Cosmetic Art Examiners, 1201-
110 Front St., Raleigh, NC 27609.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 56 – BOARD OF PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS
Notice of Rule-making Proceedings is hereby given by NC
Board of Examiners for Engineers and Surveyors in accordance
with G.S. 150B-21.2. The agency shall subsequently publish in
the Register the text of the rule(s) it proposes to adopt as a result
of this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 56. Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 89C-10(a)
Statement of the Subject Matter: Board rules relating to the
licensing and practice of Professional Engineers and Land
Surveyors
Reason for Proposed Action: To allow for digital signatures
on electronically transmitted documents; to provide for
additional statements to be used when issuing documents; to
require notification of change in resident professional; to
incorporate standards for topographic surveys to accommodate
additional technologies; to increase the annual license renewal
fee; and to make language changes in 56 .0501(a)(1),
.0701(e)(1) & (f)(3), and .1713(d) for clarification.
Comment Procedures: Written comments may be submitted to
David S. Tuttle, NC Board of Examiners for Engineers and
Surveyors, 310 W. Millbrook Rd., Raleigh, NC 27609.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
957
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of
Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,
or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a
rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2.
TITLE 02- DEPARTMENT OF AGRICULTURE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Pesticide Board intends to amend the rules cited as 02
NCAC 09L .1102-.1103, .1108, .1110, and repeal the rules cited
as 02 NCAC 09L .1101, .1106, .1109. Notice of Rule-making
Proceedings was published in the Register on February 1, 2001.
Proposed Effective Date: October 1, 2002
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Any person may
request a public hearing on the proposed rules by submitting a
request in writing no later than December 18, 2001 to James W.
Burnette, Jr., Secretary, North Carolina Pesticide Board, c/o
Food and Drug Protection Division, Pesticide Section, North
Carolina Department of Agriculture and Consumer Services, PO
Box 27647, Raleigh, NC 27611.
Reason for Proposed Action: The Pesticide Board initiated
rule-making proceedings as a result of recommendations
received from its Pesticide Advisory Committee. The proposed
changes would require applicants for initial certification as
private pesticide applicators to pass an examination and
increase the requirements for recertification of private pesticide
applicators to include two additional continuing certification
credit hours in order to improve knowledge and skills of
pesticide applicators.
Comment Procedures: Written comments may be submitted no
later than January 2, 2002 to James W. Burnette, Jr., Secretary,
North Carolina Pesticide Board, c/o Food and Drug Protection
Division, Pesticide Section, North Carolina Department of
Agriculture and Consumer Services, PO Box 27647, Raleigh,
NC 27611.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 09 – FOOD AND DRUG PROTECTION
DIVISION
SUBCHAPTER 09L – PESTICIDE SECTION
SECTION .1100 - PRIVATE PESTICIDE APPLICATOR
CERTIFICATION
02 NCAC 09L .1101 CERTIFICATION
Any individual as defined under the definition of private
pesticide applicator in Rule .1102 of this Section and who is not
a licensed pesticide applicator as defined in G.S. 143-460(29) or
a certified applicator as defined in G.S. 106-65.24(4) must be
certified through completion of one of the certification options in
Rule .1103 of this Section.
Authority G.S. 143-440.
02 NCAC 09L .1102 DEFINITIONS
(a) Certified applicator--any individual who is certified to use or
supervise the use of any restricted use pesticide.
(b) Private pesticide applicator--a person who uses or supervises
the use of any restricted use pesticide under the following
conditions:
(1) for the purpose of producing any agricultural
commodity on property owned or rented by
him or his employer, or
(2) if applied without compensation other than the
trading of personal services between producers
of agricultural commodities on the property of
another person.
(c) Private pesticide applicator certification standards review--a
comprehensive training session designed to advance a private
pesticide applicator's practical knowledge in areas such as the
pest problems and pest control practices associated with
agricultural operations; proper storage, use, handling, and
disposal of pesticides and their containers; labels and labeling
information; local environmental situations that must be
considered during application to avoid contamination;
recognition of poisoning symptoms and procedures to follow in
case of a pesticide accident; protective clothing, equipment, and
other appropriate worker protection standards; appropriate
federal and state pesticide laws and regulations and the
applicator's related legal responsibility; current agricultural
production-related pesticide technology; sources of advice and
guidance necessary for the safe and proper use of each pesticide
related to his/her certification; and other areas as deemed
appropriate and necessary by the North Carolina Pesticide
Board. These training sessions will be taught by extension
Cooperative Extension Service pesticide training agents or other
individuals approved by the Board.
(d) Continuing certification credit--one hour of continuing
certification training. Continuing certification training must be
approved by the Board. Such training may be offered during
grower meetings, seminars, short courses, or other
board-approved Board-approved presentations taught by
extension Cooperative Extension Service pesticide training
agents, or other privately or publicly sponsored training
organizations. Private applicators may also earn continuing
certification credits by attending approved training sessions for
which credit has been assigned in the following commercial
categories:
(1) aquatic;
(2) agricultural pest - animal;
(3) agricultural pest - plant;
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
958
(4) ornamentals and turf;
(5) forest; and
(6) seed treatment,
as defined in 02 NCAC 09L .0505(1)(a) through (1)(h).
Authority G.S. 143-440.
02 NCAC 09L .1103 CERTIFICATION
EXAMINATION
(a) Classroom training consisting of instruction approved by the
Board on material such as contained in the USDA-EPA private
applicator manual entitled "Apply Pesticides Correctly" and
supplemental slide series with audio support, plus active
participation in a question-answer session. These training
sessions will be taught by extension pesticide training agents or
other individuals approved by the Board. Such training will
involve three or more hours of classroom training.
(b) Classroom training for participants with reading difficulties
may be available in the form of a specially designed training
program approved by the Board incorporating the information
offered in (a) of this Rule. Emphasis will be placed on the
importance of the participant having someone available who can
relay to him all label information. These training sessions will
be taught by extension pesticide training agents or other
individuals approved by the Board. Such training will involve
three or more hours of classroom training.
(c) Programmed instruction utilizing the EPA or equivalent type
of workbook approved by the Board which relates small
amounts of information to the participant after which trainee
would answer a written question(s). Upon completion of the
programmed instruction booklet, the participant must turn in the
manual which will be randomly reviewed for completeness.
(d) Curriculum for high school students may be available in the
form of classroom instruction utilizing material developed by a
private firm under an EPA grant and approved by the Board.
The agricultural education section of the State Department of
Public Instruction has worked with firms in developing the
material. Curriculums such as this may be taught by the
vocational agriculture teachers and other groups approved by the
Board. Qualified students passing such courses will be certified.
(e) A written exa mination may be taken in lieu of the other
options (a) to (d) of this Rule. Questions for the examination
will be taken from the training material used under other options.
If the participant scores less than 70 on the examination, he must
participate in one of the other options.
Beginning on October 1, 2002, an applicant for an initial private
pesticide applicator's certification must demonstrate by written
examination his/her knowledge of pesticides, their usefulness
and their hazards; his/her competence to act as a private
pesticide applicator; and his/her knowledge of the laws and rules
governing the use and application of pesticides by private
pesticide applicators. Passing grade shall be 70 percent or more.
Authority G.S. 143-440.
02 NCAC 09L .1106 RECERTIFICATION
(a) Private pesticide applicators may be required to be
recertified through attendance at training sessions or other
options approved by the Pesticide Board and carried out by
extension pesticide training agents, vocational agriculture
pesticide training personnel or other groups approved by the
Board when determined necessary in the following instances:
(1) to ensure that certified applicators continue to
meet the requirements of changing technology
and to ensure a continuing level of
competency and ability to use pesticides safely
and properly, or
(2) when it is determined through a hearing as
provided by the pesticide law that a private
pesticide applicator is guilty of violating the
pesticide law or regulations of the Board.
(b) Updating information on pesticide usage will be provided
through the extension service, vocational agriculture education
personnel, N.C. Department of Agriculture, and other groups
using mass media, direct mail, and group meetings to ensure
adequate continued competency.
Authority G.S. 143-440.
02 NCAC 09L .1108 TERM OF CERTIFICATION;
RECERTIFICATION
(a) The term of certification shall be for a period of three years,
except as stated in Rule .1110(a) of this Section. years.
(b) In no event will the certification of a private pesticide
applicator be continued for more than three years unless the
individual has completed Continuing Certification requirements
in Rule .1109 of this Section.
(b) In order to be recertified as a private pesticide applicator
without a written examination, a person must complete two
hours of private pesticide applicator certification standards
review, plus two continuing certification credit hours, as defined
in 02 NCAC 09L .1102(d).
Authority G.S. 143-440.
02 NCAC 09L .1109 CONTINUING CERTIFICATION
Certified private pesticide applicators shall be required to
complete two continuing certification credit hours of private
pesticide applicator certification standards review.
Authority G.S. 143-440.
02 NCAC 09L .1110 RECERTIFICATION BY
EXAMINATION
(a) For certifications issued after June 30, 1987, the certification
period shall expire on June 30th of the third year after issuance.
For certifications issued prior to June 30, 1987, the department
shall establish a system of staggered expiration dates so that
approximately one-third of the certifications shall expire on June
30, 1988, one-third on June 30, 1989, and one-third on June 30,
1990.
(b)(a) A certified private pesticide applicator who has not
completed Continuing Certification the continuing certification
requirements in Rule .1109 of this Section prior to 02 NCAC
09L .1108 on or before September 30th 30 of the year of
certification expiration shall be required to must pass a
comprehensive examination administered by the North Carolina
Department of Agriculture personnel, and Consumer Services, in
order to renew his/her certification.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
959
(c)(b) No individual will be allowed to carry over any
continuing certification credits from one recertification period to
another.
Authority G.S. 143-440.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Division of Facility Services intends to amend the rules
cited as 10 NCAC 03R .2113-.2116, .2118-.2119. Notice of
Rule-making Proceedings was published in the Register on
August 1, 2001.
Proposed Effective Date: May 1, 2002
Public Hearing:
Date: December 18, 2001
Time: 10:00 a.m.
Location: Room 113, Council Building, NC Division of Facility
Services, 701 Barbour Drive, Dorothea Dix Campus, Raleigh,
NC
Reason for Proposed Action: S.L. 2001-234 amends the
existing Certificate of Need (CON) law by bringing all operating
rooms under the CON process. Prior to this legislation, only
Ambulatory Surgical Facilities were subject to CON review.
Comment Procedures: Written comments will be accepted
through January 2, 2002. These comments should be directed to
Mark Benton, Rule-making Coordinator, Division of Facility
Services, 2701 Mail Service Center, Raleigh, NC 27699-2701.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 03 – FACILITY SERVICES
SUBCHAPTER 03R – CERTIFICATE OF NEED
REGULATIONS
SECTION .2100 - CRITERIA AND STANDARDS FOR
AMBULATORY SURGICAL SERVICES AND
OPERATING ROOMS
10 NCAC 03R .2113 DEFINITIONS
The following definitions shall apply to all rules in this Section:
(1) "Ambulatory surgical case" means an
individual who receives one or more
ambulatory surgical procedures in an
ambulatory surgical operating room during a
single operative encounter.
(2) "Ambulatory surgical service area" means a
single or multi-county area as used in the
development of the ambulatory surgical
facility need determination in the applicable
State Medical Facilities Plan.
(3) "Ambulatory surgical services" means those
surgical services provided to patients as part of
an ambulatory surgical program within a
licensed ambulatory surgical facility or a
general acute care hospital licensed under G.S.
131E, Article 5, Part A.
(4) "Ambulatory surgical facility" means a facility
as defined in G.S. 131E-176(1a).
(5) "Ambulatory surgical operating Operating
room" means a dedicated or shared operating
room in a licensed ambulatory surgical
facility, or a general acute care hospital
licensed under G.S. 131E, Article 5, Part A,
that is fully equipped to perform surgical
procedures and is constructed to meet the
specifications and standards, including fire and
life safety code requirements, appropriate to
the type of facility as utilized by the
Construction Section of the Division of
Facility Services. Ambulatory surgical
operating rooms exclude operating rooms
dedicated for the performance of inpatient
surgical procedures, cast rooms, procedures
rooms that do not meet operating room
specifications, suture rooms, YAG laser
rooms, and cystoscopy and endoscopy
procedure rooms that do not meet the
specifications of an operating room. an
inpatient operating room, an outpatient or
ambulatory surgical operating room, a shared
operating room, or an endoscopy procedure
room in a licensed health service facility.
(6) "Ambulatory surgical program" means a
program as defined in G.S. 131E-176(1b).
(7) "Ambulatory surgical procedure" means a
surgical procedure performed in a surgical an
operating room which requires local, regional
or general anesthesia and a period of post-operative
observation of less than 24 hours.
Ambulatory surgical procedures exclude those
procedures which are generally performed
more than 50 percent of the time in a
physician's office.
(8) "Existing ambulatory surgical operating
rooms" means those ambulatory surgical
operating rooms in ambulatory surgical
facilities and hospitals which were reported in
the License Application for Ambulatory
Surgical Facilities and Programs and in Part III
of Hospital Licensure Renewal Application
Form submitted to the Licensure Section of the
Division of Facility Services and which were
licensed and certified prior to the beginning of
the review period.
(9) "Approved ambulatory surgical operating
rooms" means those ambulatory surgical
operating rooms that were approved for a
certificate of need by the Certificate of Need
Section prior to the date on which the
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
960
applicant's proposed project was submitted to
the Agency but that have not been licensed and
certified. The term also means those operating
rooms which the Certificate of Need Section
determined were not subject to certificate of
need review and which were under
construction prior to the date the applicant's
proposal was submitted to the Agency.
(10) "Dedicated ambulatory surgical operating
room" means an ambulatory surgical operating
room used solely for the performance of
ambulatory surgical procedures.
(11) "Multispecialty ambulatory surgical program"
means a program as defined in G.S. 131E-
176(15a).
(12) "Shared surgical operating room" means an
ambulatory surgical operating room that is
used for the performance of both ambulatory
and inpatient surgical procedures.
(13) "Specialty area" means an area of medical
practice in which there is an approved medical
specialty certificate issued by a member board
of the American Board of Medical Specialties
and includes, but is not limited to the
following: gynecology, otolaryngology,
plastic surgery, general surgery,
ophthalmology, urology, orthopedics, and oral
surgery.
(14) "Specialty ambulatory surgical program"
means a program as defined in G.S. 131E-
176(24c).
(15) "Practical utilization" is 4.3 surgical cases per
day for a dedicated ambulatory surgical
operating room and 3.5 surgical cases per day
for a shared surgical operating room.
Authority G.S. 131E-177(1); 131E-183.
10 NCAC 03R .2114 INFORMATION REQUIRED OF
APPLICANT
(a) An applicant proposing to establish a new ambulatory
surgical facility, to increase the number of ambulatory surgical
operating rooms in an existing ambulatory surgical facility or
hospital, to convert a specialty ambulatory surgical program to a
multispecialty ambulatory surgical program or to add a specialty
to a specialty ambulatory surgical program shall identify each of
the following specialty areas that will be provided in the facility:
(1) gynecology;
(2) otolaryngology;
(3) plastic surgery;
(4) general surgery;
(5) ophthalmology;
(6) orthopedic;
(7) oral surgery; and
(8) other specialty area identified by the applicant.
(b) An applicant proposing to establish a new ambulatory
surgical facility, to increase the number of ambulatory surgical
operating rooms in an existing ambulatory surgical facility or
hospital, to convert a specialty ambulatory surgical program to a
multispecialty ambulatory surgical program or to add a specialty
to a specialty ambulatory surgical program shall provide the
following information regarding the services to be offered in the
facility following completion of the project:
(1) the number and type of existing and proposed
dedicated inpatient and ambulatory surgical
operating rooms;
(2) the number and type of existing and proposed
shared ambulatory surgical operating rooms;
(3) the number and type of shared ambulatory
surgical operating rooms that are proposed to
be converted to dedicated ambulatory surgical
operating rooms;
(4) the current and projected number of surgical
procedures, identified by CPT code or ICD-9-
CM procedure code, to be performed in the
ambulatory surgical operating rooms;
(5) the fixed and movable equipment to be located
in each ambulatory surgical operating room;
(6) the hours of operation of the ambulatory
surgical program; proposed operating rooms;
(7) if the applicant is an existing ambulatory
surgical facility, the average charge for the 20
surgical procedures most commonly
performed in the facility during the preceding
twelve months and a list of all services and
items included in each charge;
(8) the projected average charge for the 20
surgical procedures which the applicant
projects will be performed most often in the
proposed ambulatory surgical program facility
and a list of all services and items in each
charge; and
(9) identification of providers of pre-operative
services and procedures which will not be
included in the facility's charge.
Authority G.S. 131E-177; 131E-183(b).
10 NCAC 03R .2115 NEED FOR SERVICES
(a) In projecting utilization for existing, approved, proposed and
expanded ambulatory surgical programs, a program shall be
considered to be open five days per week and 52 weeks a year.
(b) A proposal to establish a new ambulatory surgical facility, to
increase the number of ambulatory surgical operating rooms in
an existing ambulatory surgical facility or hospital, to convert a
specialty ambulatory surgical program to a multispecialty
ambulatory surgical program or to add a specialty to a specialty
ambulatory surgical program shall not be approved unless the
applicant documents that the average number of ambulatory
surgical cases per ambulatory surgical operating room to be
performed in the applicant's proposed ambulatory surgical
program are projected to be operating at facility is projected to
be at least 2.7 surgical cases per day for each dedicated inpatient
operating room, 4.3 surgical cases per day for each dedicated
ambulatory surgical operating room and 3.5 surgical cases per
day for each shared surgical operation operating room during the
fourth quarter of the third year of operation following
completion of the project.
(c) An applicant proposing to convert a specialty ambulatory
surgical program to a multispecialty ambulatory surgical
program or to add a specialty to a specialty ambulatory surgical
program shall provide documentation to show that each existing
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
961
ambulatory surgery program in the ambulatory surgical service
area that performs ambulatory surgery in the same specialty area
as proposed in the application is currently operating at 4.3
surgical cases per day for each dedicated ambulatory surgical
operating room and 3.5 surgical cases per day for each shared
surgical operating room .
(d) An applicant proposing to convert a specialty ambulatory
surgical program to a multispecialty ambulatory surgical
program or to add a specialty to a specialty ambulatory surgical
program shall provide documentation to show that each existing
and approved ambulatory surgery program in the ambulatory
surgical service area that performs ambulatory surgery in the
same specialty areas as proposed in the application is projected
to be operating at 4.3 surgical cases per day for each dedicated
ambulatory surgical operating room and 3.5 surgical cases per
day for each shared surgical operating room prior to the
completion of the proposed project. The applicant shall
document the assumptions and provide data supporting the
methodology used for the projections.
Authority G.S. 131E-177; 131E-183(b).
10 NCAC 03R .2116 FACILITY
(a) An applicant proposing to establish a licensed ambulatory
surgical facility that will be physically located in a physician's or
dentist's office or within a general acute care hospital shall
demonstrate that reporting and accounting mechanisms exist and
can be used to confirm that the licensed ambulatory surgery
facility is a separately identifiable entity physically and
administratively, and is financially independent and distinct
from other operations of the facility in which it is located.
(b) An applicant proposing a licensed ambulatory surgical
facility shall receive accreditation from the Joint Commis sion
for the Accreditation of Healthcare Organizations, the
Accreditation Association for Ambulatory Health Care or a
comparable accreditation authority within two years of
completion of the facility.
(c) An applicant proposing to establish a new ambulatory
surgical facility, to increase the number of ambulatory surgical
operating rooms in an existing ambulatory surgical facility or
hospital, to convert a specialty ambulatory surgical program to a
multispecialty ambulatory surgical program or to add a specialty
to a specialty ambulatory surgical program shall document that
the physical environment of the facility conforms to the
requirements of federal, state, and local regulatory bodies.
(d) In competitive reviews, an applicant proposing to perform
ambulatory surgical procedures in at least three specialty areas
will be considered more favorably than an applicant proposing to
perform ambulatory surgical procedures in fewer than three
specialty areas.
(e) The applicant shall provide a floor plan of the proposed
facility clearly identifying the following areas:
(1) receiving/registering area;
(2) waiting area;
(3) pre-operative area;
(4) operating room by type;
(5) recovery area; and
(6) observation area.
(f) An applicant proposing to expand by converting a specialty
ambulatory surgical program to a multispecialty ambulatory
surgical program or by adding a specialty to a specialty
ambulatory surgical program that does not propose to add
physical space to the existing ambulatory surgical facility shall
demonstrate the capability of the existing ambulatory surgical
program to provide the following for each additional specialty
area:
(1) physicians;
(2) ancillary services;
(3) support services;
(4) medical equipment;
(5) surgical equipment;
(6) receiving/registering area;
(7) clinical support areas;
(8) medical records;
(9) waiting area;
(10) pre-operative area;
(11) operating rooms by type;
(12) recovery area; and
(13) observation area.
Authority G.S. 131E-177; 131E-183(b).
10 NCAC 03R .2118 STAFFING
(a) An applicant proposing to establish a new ambulatory
surgical facility, to increase the number of ambulatory surgical
operating rooms in an existing ambulatory surgical facility or
hospital, to convert a specialty ambulatory surgical program to a
multispecialty ambulatory surgical program or to add a specialty
to a specialty ambulatory surgical program shall identify, justify
and document the availability of the number of current and
proposed staff to be utilized in the following areas:
(1) administration;
(2) pre-operative;
(3) post-operative;
(4) operating room; and
(5) other.
(b) The applicant shall identify the number of physicians who
currently utilize the facility and estimate the number of
physicians expected to utilize the facility and the criteria to be
used by the facility in extending surgical and anesthesia
privileges to medical personnel.
(c) The applicant shall provide documentation that physicians
with privileges to practice in the facility will be active members
in good standing at a general acute care hospital within the
ambulatory surgical service area in which the facility is, or will
be, located or will have written referral procedures with a
physician who is an active member in good standing at a general
acute care hospital in the ambulatory surgical service area.
Authority G.S. 131E-177; 131E-183(b).
10 NCAC 03R .2119 RELATIONSHIP TO SUPPORT
AND ANCILLARY SERVICES
(a) An applicant proposing to establish a new ambulatory
surgical facility, increase the number of ambulatory surgical
operating rooms in an existing ambulatory surgical facility or
hospital, convert a specialty ambulatory surgical program to a
multispecialty ambulatory surgical program or add a specialty to
a specialty ambulatory surgical program shall provide written
policies and procedures demonstrating that the facility will have
patient referral, transfer, and followup procedures.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
962
(b) The applicant shall provide documentation showing the
proximity of the proposed facility to the following services:
(1) emergency services;
(2) support services;
(3) ancillary services; and
(4) public transportation.
Authority G.S. 131E-177; 131E-183(b).
TITLE 11 – DEPARTMENT OF INSURANCE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the North Carolina Department of Insurance intends to amend
the rules cited as 11 NCAC 20 .0404-.0405, .0407. Notice of
Rule-making Proceedings was published in the Register on
October 1, 2001.
Proposed Effective Date: July 1, 2002
Public Hearing:
Date: January 7, 2002
Time: 10:00 a.m.
Location: Dobbs Building, 3rd floor hearing room, 430 N.
Salisbury St., Raleigh, NC
Reason for Proposed Action: G.S. 58-3-230(b) (S.L. 2001-
172) requires the Commissioner of Insurance to adopt rules for
a uniform provider credentialing application form.
Comment Procedures: Written comments may be sent to
Nancy O'Dowd, Managed Care Section, NC Department of
Insurance, 111 Seaboard Ave., Raleigh, NC 27604. Comments
will be received through January 7, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 20 - MANAGED CARE HEALTH BENEFIT
PLANS
SECTION .0400 - NETWORK PROVIDER
CREDENTIALS
11 NCAC 20 .0404 APPLICATION
For all providers who submit applications to be added to a
carrier's network on or after October 1, 2001: the effective date
of this Section and for all providers participating in a carrier's
network on or after 21 months after the effective date of this
Section:
(1) Each carrier shall obtain and retain on file a
complete signed and dated application on the
form approved by the Commissioner, entitled
"Uniform Application to Participate as a
Health Care Practitioner", that details
credentials from of each individual provider
participating in the plan network. All required
information shall be current upon final
approval by the health plan. The application
shall include, when applicable:
(a) Personal Demographic and personal
information (for example, name,
address, telephone number).
(b) Practice information, including call
coverage.
(c) Education and training Education,
training and work history.
(d) The current provider license,
registration, or certification, and the
names of other states where the
applicant is or has been licensed,
registered, or certified.
(e) Drug Enforcement Agency (DEA)
registration number and prescribing
restrictions.
(f) Specialty board or other certification.
(g) Professional and hospital affiliation.
(h) The amount of professional liability
coverage and any malpractice history.
(i) Any disciplinary actions by medical
organizations and regulatory
agencies.
(j) Any felony or misdemeanor
convictions.
(k) The type of affiliation requested (for
example, primary care, consulting
specialists, ambulatory care, etc.).
(l) A statement of completeness,
veracity, and release of information,
signed and dated by the applicant.
(m) Letters of reference or
recommendation or letters of
oversight from supervisors, or both.
(2) The carrier shall obtain and retain on file the
following information regarding facility
provider credentials, when applicable:
(a) Joint Commission on Accreditation of
Healthcare Organization's
certification or certification from
other accrediting agencies.
(b) State licensure.
(c) Medicare and Medicaid certification.
(d) Evidence of current malpractice
insurance.
(3) No credential item listed in Paragraph (a) or
(b) (1) or (2) of this Rule shall be construed as
a substantive threshold or criterion or as a
standard for credentials that must be held by
any provider in order to be a network provider.
(4) A carrier shall not require an applicant to
submit information not required by the
"Uniform Application to Participate as a
Health Care Practitioner" form.
Authority G.S. 58-2-40(1); 58-2-131; 58-3-230; 58-50-55(b);
58-65-1; 58-65-25; 58-65-105; 58-65-140; 58-67-5; 58-67-10;
58-67-20; 58-67-35; 58-67-65; 58-67-100; 58-67-140; 58-67-
150.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
963
11 NCAC 20 .0405 VERIFICATION OF
CREDENTIALS
Upon the receipt of the application containing information about
the presence or absence of credentials and all supporting
documents, each carrier shall verify all information provided in
11 NCAC 20 .0404.
Each carrier that provides a health benefit plan and credentials
providers for its network shall maintain a process to assess and
verify the qualifications of a licensed health care practitioner
within 60 days of receipt of a completed "Uniform Application
to Participate as a Health Care Practitioner" form. Each carrier's
process for verifying credentials shall take into account and
make allowance for the time required to request and obtain
primary source verifications and other information that must be
obtained from third parties in order to authenticate the
applicant's credentials, and shall make allowance for the
scheduling of a final decision by a credentialing committee, if
the carrier's credentialing program requires such review.
(1) Within 60 days after receipt of a completed
application and all supporting documents, the
carrier shall assess and verify the applicant's
qualifications and notify the applicant of its
decision. If, by the 60th day after receipt of the
application, the carrier has not received all of
the information or verifications it requires
from third parties, or date-sensitive
information has expired, the carrier shall issue
a written notification to the applicant either
closing the application and detailing the
carrier's attempts to obtain the information or
verification, or pending the application and
detailing the carrier's attempts to obtain the
information or verifications. If the application
is held, the carrier shall inform the applicant of
the length of time the application will be
pending. The notification shall include the
name, address and phone number of a
credentialing staff person who will serve as a
contact person for the applicant.
(2) Within 15 days after receipt of an incomplete
application, the carrier shall notify the
applicant in writing of all missing or
incomplete information or supporting
documents.
(a) The notice to the applicant shall
include a complete and detailed
description of all of the missing or
incomplete information or documents
that must be submitted in order for
review of the application to continue.
The notification shall include the
name, address, and telephone number
of a credentialing staff person who
will serve as a contact person for the
applicant.
(b) Within 60 days after receipt of all of
the missing or incomplete
information or documents, the carrier
shall assess and verify the applicant's
qualifications and notify the applicant
of its decision, in accordance with
Item (1) of this Rule.
(c) If the missing information or
documents have not been received
within 60 days after initial receipt of
the application or if date-sensitive
information has expired, the carrier
shall close the application or delay
final review, pending receipt of the
necessary information. The carrier
shall provide written notification to
the applicant of the closed or pending
status of the application and where
applicable, the length of time the
application will be pending. The
notification shall include the name,
address, and telephone number of a
credentialing staff person who will
serve as a contact person to the
applicant.
(3) If a carrier elects not to include an applicant in
its network, for reasons that do not require
review of the application, the carrier shall
provide written notice to the applicant of that
determination within 30 days after receipt of
the application.
(4) Nothing in this Rule shall require a carrier to
include a health care practitioner in its network
or prevent a carrier from conducting a
complete review and verification of an
applicant's credentials , including an
assessment of the applicant's office, before
agreeing to include the applicant in its
network.
Authority G.S. 58-2-40(1); 58-3-230; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-5; 58-67-10; 58-67-20; 58-
67-35; 58-67-65; 58-67-140; 58-67-150.
11 NCAC 20 .0407 REVERIFICATION OF
PROVIDER CREDENTIALS
Each carrier shall reverify the credentials of all network
providers at least every three years. On or after October 1, 2001,
carriers shall utilize the "Uniform Application to Participate as a
Health Care Practitioner" form for reverification of provider
credentials and shall not require a network provider to submit
information not requested by the form. Carriers may require
completion of all or only selected sections of the form for
reverification of credentials.
Authority G.S. 58-2-40(1); 58-3-230; 58-50-55(b); 58-65-1; 58-
65-25; 58-65-105; 58-65-140; 58-67-5; 58-67-10; 58-67-20; 58-
67-35; 58-67-65; 58-67-140; 58-67-150.
TITLE 12 ��� DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Criminal Justice Education and Training Standards
Commission intends to amend the rules cited as 12 NCAC 09D
.0101-.0102, 0104-.0106 and repeal the rule cited as 12 NCAC
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
964
09D .0103. Notice of Rule-making Proceedings was published
in the Register on July 16, 2001.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: February 15, 2002
Time: 10:00 a.m.
Location: Old Education Bldg, 114 W. Edenton St., Raleigh,
NC
Reason for Proposed Action: The North Carolina Criminal
Justice Education and Training Standards Commission has
authorized rule-making authority to amend its administrative
rules which govern the Law Enforcement Officers' Professional
Certificate Program in order to clarify and strengthen the
standards for obtaining Intermediate and Advanced certification
recognition from the Commission.
Comment Procedures: Written comments should be directed to
Scott Perry, Criminal Justice Standards Division, Room G-25,
Old Education Building, 114 W. Edenton St., PO Drawer 149,
Raleigh, NC 27602-0149. Comments will be accepted through
February 15, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND
TRAINING STANDARDS
SUBCHAPTER 09D - PROFESSIONAL CERTIFICATE
PROGRAMS
SECTION .0100 - LAW ENFORCEMENT OFFICERS'
PROFESSIONAL CERTIFICATE PROGRAM
12 NCAC 09D .0101 PURPOSE
In order to recognize the level of competence of law
enforcement officers serving the governmental agencies
within the state, to foster increased interest in college
education and professional law enforcement training
programs, and to attract highly qualified individuals into a
law enforcement career, the Criminal Justice Education and
Training Standards Commission establishes the law
enforcement officers professional certificate program. Law
Enforcement Officers’ Professional Certificate Program.
This program is a method by which dedicated officers may
receive statewide and nationwide recognition for education,
professional training, and on-the-job experience.
Authority G.S. 17C-6.
12 NCAC 09D .0102 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the professional
awards, an officer shall first meet the following preliminary
qualifications:
(1) The officer shall presently hold general law
enforcement officer certification. A person
serving under a probationary certification is
not eligible for consideration.
(2) The officer shall be familiar with and
subscribe to the Law Enforcement Code of
Ethics.
(3) The officer shall be a full-time, sworn, paid
member of a law enforcement agency within
the state.
(4) All applicants who became full-time, sworn,
paid members of a law enforcement agency
within the state on or after October 1, 1984,
shall be given credit for satisfactory
completion of only one
commission-accredited basic training
program for purposes of calculating training
points.
(4) Applicants shall be given credit for the
satisfactory completion of all in-service law
enforcement training which is not mandated
by the Commission pursuant to 12 NCAC
09E .0102.
(5) Applicants shall not be given credit for the
satisfactory completion of Commission-mandated
Basic Law Enforcement Training
courses.
(5)(6) Full-time, paid employees of a law
enforcement agency within the State who
have successfully completed a
commission-accredited Commission-accredited
law enforcement officer basic
training program and have previously held
general law enforcement officer certification
as specified in 12 NCAC 09D .0102(a)(1),
but are presently, by virtue of promotion or
transfer, serving in non sworn positions not
subject to certification are eligible to
participate in the professional certificate
program. Eligibility for this exception
requires continuous employment with the
law enforcement agency from the date of
promotion or transfer from a sworn, certified
position to the date of application for a
professional certificate.
(b) Awards are based upon a formula which combines formal
education, law enforcement training, and actual experience as
a law enforcement officer. Points are computed in the
following manner:
(1) Each semester hour of college credit shall
equal one point and each quarter hour shall
equal two-thirds of a point;
(2) Twenty classroom hours of
commission-approved Commission-approved
law enforcement training shall
equal one point;
(3) Only experience as a full-time, sworn, paid
member of a law enforcement agency or
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
965
equivalent experience shall be acceptable for
consideration.
(c) Certificates shall be awarded in an officer's area of
expertise only. Separate sub-programs shall be administered
as follows:
(1) General Law Enforcement Certificate. The
General Law Enforcement Certificate is
appropriate for full-time, sworn law
enforcement officers employed by units of
local government with authority to arrest for
any violation of the criminal law and to
arrest anywhere within the boundaries of the
unit, including:
(A) municipal and county police
officers,
(B) local ABC board enforcement
officers.
(2) State Law Enforcement Certificate. The
State Law Enforcement Certificate is
appropriate for full-time, sworn law
enforcement officers employed by an
agency of state government, with authority
to arrest throughout the state, including:
(A) Special agents of the State Bureau
of Investigation,
(B) State Highway Patrol officers,
(C) State Alcohol Law Enforcement
officers,
(D) Division of Motor Vehicles
officers,
(E) Fisheries enforcement officers,
(F) Wildlife enforcement officers, and
(G) State forest rangers.
(3) Special Law Enforcement Certificate. The
Special Law Enforcement Certificate is
appropriate for other full-time, sworn law
enforcement officers with arrest authority,
including:
(A) Security officers for State buildings
and agencies,
(B) Airport security officers,
(C) Campus police officers,
(D) Company police officers,
(E) Department of Correction
extradition officers, and
(F) Parks and recreation commissions
enforcement officers.
(d) There shall be limited reciprocity between sub-programs.
Only training and experience gained in an officer's area of
expertise shall be eligible for application to the sub-program.
Authority G.S. 17C-6.
12 NCAC 09D .0103 BASIC LAW ENFORCEMENT
CERTIFICATE
In addition to the qualifications set forth in Rule .0102(a) of
this Subchapter, an applicant for the Basic Law Enforcement
Certificate shall have completed the probationary period
prescribed by the employing agency, but in no case less than
one year and shall have completed an accredited law
enforcement basic training course or the equivalent as
determined by the Commission.
Authority G.S. 17C-6.
12 NCAC 09D .0104 INTERMEDIATE LAW
ENFORCEMENT CERTIFICATE
(a) In addition to the qualifications set forth in Rule .0102(a) of
this Subchapter, an applicant for the Intermediate Law
Enforcement Certificate shall possess or be eligible to possess
the Basic Law Enforcement Certificate and shall have acquired
the following combination of educational points or degrees, law
enforcement training points and years of full-time law
enforcement experience:
Educational Degrees AA/AS AB/BS
Years of Law
Enforcement Experience 8 6 4 4 2
Minimum Law
Enforcement Training
Points - - - 22 16 21 8
Minimum Total
Education and Training
Points 37 32 67 40 97 48 22 16 21 8
(b) Educational points claimed shall have been earned at a
technical institute, technical college, community college, junior
college, college or university accredited as such by the
Department of Education of the state in which the institution is
located, the American Council on Education, or the state
university of the state in which the institution is located. must be
issued by institutions recognized by the United States
Department of Education and the Council for Higher Education
Accreditation.
Authority G.S. 17C-6.
12 NCAC 09D .0105 ADVANCED LAW
ENFORCEMENT CERTIFICATE
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
966
(a) In addition to the qualifications set forth in Rule .0102(a)
of this Subchapter, an applicant for the Advanced Law
Enforcement Certificate shall possess or be eligible to possess
the Intermediate Law Enforcement Certificate and shall have
acquired the following combination of educational points or
degrees, law enforcement training points and years of
full-time law enforcement experience:
Educational Degrees AA/AS AB/BS GRAD./PRO.
Years of Law
Enforcement Experience 12 9 9 6 4
Minimum Law
Enforcement Training
Points - - 31 36 25 24 21 16
Minimum Total
Education and Training
Points 67 48 97 60 31 36 25 24 21 16
(b) Educational points claimed shall have been earned at a
technical institute, technical college, community college,
junior college, college or university accredited as such by the
Department of Education of the state in which the institution
is located, the American Council on Education, or the state
university of the state in which the institution is located. must
be issued by institutions recognized by the United States
Department of Education and the Council for Higher Education
Accreditation.
Authority G.S. 17C-6.
12 NCAC 09D .0106 METHOD OF APPLICATION
(a) All applicants for an award of the basic, intermediate or and
advanced certificates in each sub-program shall complete an
"Application for Award of Law Enforcement Certificate."
(b) Documentation of education and training shall be provided
by certified copies of transcripts, diplomas, Report of Training
Course Completion, agency training records, or other verifying
documents attached to the application.
(c) The applicant shall submit the Application for Award of
Law Enforcement Certificate to the department head who shall
attach a recommendation and forward the application to the
Commission. Certificates will be issued to the department head
for award to the applicant.
(d) Certificates and awards remain the property of the
Commission and the Commission shall have the power to cancel
or recall any certificate or award.
Authority G.S. 17C-6.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Health and Human Services intends to amend
the rules cited as 15A NCAC 19A .0101-.0102, .0201, .0203-
.0204. Notice of Rule-making Proceedings was published in the
Register on October 1, 2001.
Proposed Effective Date: August 1, 2002
Public Hearing:
Date: December 19, 2001
Time: 1:00-3:00 p.m.
Location: Cooper Building, 6th Floor Board Room, 225 N.
McDowell St., Raleigh, NC
Reason for Proposed Action:
15A NCAC 19A .0101 – This Rule change will make chlamydia
trachomatis reportable by laboratories. This will allow public
health staff to better track the number of diagnosed chlamydia
cases and to provide rapid follow-up.
15A NCAC 19A .0102 – A rule change is proposed for 15A
NCAC 19A .0101 to make chlamydia trachomatis reportable by
laboratories. This Rule change will define the time of reporting
and the content of reports for chlamydia trachomatis.
15A NCAC 19A .0201 – Revisions are proposed to ensure
compliance with current national standards and to update
administrative information.
15A NCAC 19A .0203 – The proposed changes in this Rule will
facilitate the detection, treatment and reduction of cases of
hepatitis B throughout the state. The additions and changes
made in this Rule will clarify the rule and make the rule
consistent with the standard of care recommended throughout
the United States and consistent with the care already
recommended and provided in North Carolina.
15A NCAC 19A .0204 – The revised language will require that
all pregnant women be tested for chlamydia at their first
prenatal visit and pregnant women less that 25 years of age and
women who are at increased risk of exposure to chlamydia, i.e.,
women who have a new partner or more than one partner or
whose partner has other partners, be tested for chlamydia in the
third trimester. The rule also specifies that pregnant women will
be tested for syphilis at the first prenatal visit and between 28
and 30 weeks of gestation instead of early pregnancy and in the
third trimester as stated in the current rule. This Rule mirrors
the language from the 2001 CDC STD Treatment Guidelines.
Data obtained from chlamydia testing in public health prenatal
clinics indicates a positivity rate above 7 percent.
Comment Procedures: Written comments concerning this rule
making action may be submitted within 30 days after the date of
publication in this issue of the North Carolina Register.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
967
Comments must be submitted to Chris Hoke, Rule-making
Coordinator, Division of Public Health, 1915 Mail Service
Center, Raleigh, NC 27699-1915.
Fiscal Impact
State 15A NCAC 19A .0204
Local
Substantive (>$5,000,000)
None 15A NCAC 19A .0101-.0102, .0201, .0203
CHAPTER 19 - HEALTH: EPIDEMIOLOGY
SUBCHAPTER 19A - COMMUNICABLE DISEASE
CONTROL
SECTION .0100 - REPORTING OF COMMUNICABLE
DISEASES
Text in bold is waiting for approval at the next legislative
session.
15A NCAC 19A .0101 REPORTABLE DISEASES AND
CONDITIONS
(a) The following named diseases and conditions are declared to
be dangerous to the public health and are hereby made
reportable within the time period specified after the disease or
condition is reasonably suspected to exist:
(1) acquired immune deficiency syndrome (AIDS)
- 7 days;
(2) anthrax - 24 hours;
(3) botulism - 24 hours;
(4) brucellosis - 7 days;
(5) campylobacter infection - 24 hours;
(6) chancroid - 24 hours;
(7) chlamydial infection (laboratory confirmed) -
7 days;
(8) cholera - 24 hours;
(9) Creutzfeldt -Jakob disease – 7 days;
(9)(10) cryptosporidiosis - 24 hours;
(10)(11) cyclosporiasis - 24 hours;
(11)(12) dengue - 7 days;
(12)(13) diphtheria - 24 hours;
(13)(14) E. coli 0157:H7 infection Escherichia coli,
shiga toxin-producing - 24 hours;
(14)(15) ehrlichiosis - 7 days;
(15)(16) encephalitis, arboviral - 7 days;
(16)(17) enterococci, vancomycin-resistant, from
normally sterile site - 7 days;
(17)(18) foodborne disease, including but not limited to
Clostridium perfringens, staphylococcal, and
Bacillus cereus - 24 hours;
(18)(19) gonorrhea - 24 hours;
(19)(20) granuloma inguinale - 24 hours;
(20)(21) Haemophilus influenzae, invasive disease - 24
hours;
(22) Hantavirus infection – 7 days;
(21)(23) Hemolytic -uremic syndrome/thrombotic
thrombocytopenic purpura - 24 hours;
(22)(24) hepatitis A - 24 hours;
(23)(25) hepatitis B - 24 hours;
(24)(26) hepatitis B carriage - 7 days;
(25)(27) hepatitis C, acute - 7 days;
(26)(28) human immunodeficiency virus (HIV)
infection confirmed - 7 days;
(27)(29) legionellosis - 7 days;
(28)(30) leptospirosis - 7 days;
(31) listeriosis – 24 hours;
(29)(32) Lyme disease - 7 days;
(30)(33) lymphogranuloma venereum - 7 days;
(31)(34) malaria - 7 days;
(32)(35) measles (rubeola) - 24 hours;
(33)(36) meningitis, pneumococcal - 7 days;
(34)(37) meningococcal disease - 24 hours;
(35)(38) mumps - 7 days;
(36)(39) nongonococcal urethritis - 7 days;
(37)(40) plague - 24 hours;
(38)(41) paralytic poliomyelitis - 24 hours;
(39)(42) psittacosis - 7 days;
(40)(43) Q fever - 7 days;
(41)(44) rabies, human - 24 hours;
(42)(45) Rocky Mountain spotted fever - 7 days;
(43)(46) rubella - 24 hours;
(44)(47) rubella congenital syndrome - 7 days;
(45)(48) salmonellosis - 24 hours;
(46)(49) shigellosis - 24 hours;
(47)(50) smallpox – 24 hours;
(48)(51) streptococcal infection, Group A, invasive
disease - 7 days;
(49)(52) syphilis - 24 hours;
(50)(53) tetanus - 7 days;
(51)(54) toxic shock syndrome - 7 days;
(52)(55) toxoplasmosis, congenital - 7 days;
(53)(56) trichinosis - 7 days;
(54)(57) tuberculosis - 24 hours;
(55)(58) tularemia - 24 hours;
(56)(59) yphoid - 24 hours;
(57)(60) typhoid carriage (Salmonella typhi) - 7 days;
(58)(61) yphus, epidemic (louse-borne) - 7 days;
(59)(62) vibrio infection (other than cholera) - 24
hours;
(60)(63) whooping cough - 24 hours;
(64) ellow fever - 7 days.
(b) For purposes of reporting; confirmed human
immunodeficiency virus (HIV) infection is defined as a positive
virus culture; repeatedly reactive EIA antibody test confirmed by
western blot or indirect immunofluorescent antibody test;
positive polymerase chain reaction (PCR) test; or other
confirmed testing method approved by the Director of the State
Public Health Laboratory conducted on or after February 1,
1990. In selecting additional tests for approval, the Director of
the State Public Health Laboratory shall consider whether such
tests have been approved by the federal Food and Drug
Administration, recommended by the federal Centers for Disease
Control and Prevention, and endorsed by the Association of
State and Territorial Public Health Laboratory Directors
Laboratories.
(c) In addition to the laboratory reports for Mycobacterium
tuberculosis, Neisseria gonorrhoeae, and syphilis specified in
G.S. 130A-139, laboratories shall report:
(1) Isolation or other specific identification of the
following organisms or their products from
human clinical specimens:
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
968
(A) Any hantavirus.
(B) Arthropod-borne virus (any type).
(B)(C) Bacillus anthracis, the cause of
anthrax.
(C)(D) Bordetella pertussis, the cause of
whooping cough (pertussis).
(E) Borrelia burgdorferi, the cause of
Lyme disease (confirmed tests).
(D)(F) Brucella spp., the causes of
brucellosis.
(E)(G) Campylobacter spp., the causes of
campylobacteriosis.
(H) Chlamydia trachomatis, the cause of
genital chlamydial infection,
conjunctivtis (adult and newborn) and
pneumonia of newborns.
(F)(I) Clostridium botulinum, a cause of
botulism.
(G)(J) Clostridium tetani, the cause of
tetanus.
(H)(K) Corynebacterium diphtheriae, the
cause of diphtheria.
(I) (L) Coxiella burnetii, the cause of Q
fever.
(J)(M) Cryptosporidium parvum, the cause
of human cryptosporidiosis.
(K)(N) Cyclospora cayetanesis, the cause of
cyclosporiasis.
(L)(O) Ehrlichia spp., the causes of
ehrlichiosis.
(M)(P) Escherichia coli O157:H7, a Shiga
toxin-producing Escherichia coli, a
cause of hemorrhagic colitis,
hemolytic uremic syndrome, and
thrombotic thrombocytopenic
purpura.
(N)(Q) Francisella tularensis, the cause of
tularemia.
(O)(R) Hepatitis B virus or any component
thereof, such as hepatitis B surface
antigen.
(P)(S) Human Immunodeficiency Virus, the
virus associated with cause of AIDS.
(Q)(T) Legionella spp., the causes of
legionellosis.
(R)(U) Leptospira spp., the causes of
leptospirosis.
(U)(V) Listeria monocytogenes, the cause of
listeriosis.
(V)(W) Plasmodium falciparum, P.
malariae, P. ovale, and P. vivax, the
causes of malaria in humans.
(W)(X) Poliovirus (any), the cause of
poliomyelitis.
(X)(Y) Rabies virus.
(Y)(Z) Rickettsia rickettsii, the cause of
Rocky Mountain spotted fever.
(Z)(AA) Rubella virus.
(AA)(BB) Salmonella spp., the causes of
salmonellosis.
(BB)(CC) Shigella spp., the causes of
shigellosis.
(CC)(DD) Smallpox virus, the cause of
smallpox.
(DD)(EE) Trichinella spiralis, the cause of
trichinosis.
(EE)(FF) Vibrio spp., the causes of cholera
and other vibrioses.
(FF)(GG) Yellow fever virus.
(GG)(HH) Yersinia pestis, the cause of plague.
(2) Isolation or other specific identification of the
following organisms from normally sterile
human body sites:
(A) Group A Streptococcus pyogenes
(group A streptococci).
(B) Haemophilus influenzae, serotype b.
(C) Neisseria meningitidis, the cause of
meningococcal disease.
(D) Vancomycin -resistant Enterococcus
spp.
(3) Positive serologic test results, as specified, for
the following infections:
(A) Fourfold or greater changes or
equivalent changes in serum antibody
titers to:
(i) Any arthropod-borne viruses
associated with meningitis or
encephalitis in a human.
(ii) Any hantavirus.
(iii) Chlamydia psittaci, the
cause of psittacosis.
(iv) Coxiella burnetii, the cause
of Q fever.
(v) Dengue virus.
(vi) Ehrlichia spp., the causes of
ehrlichiosis.
(vii) Measles (rubeola) virus.
(viii) Mumps virus.
(ix) Rickettsia rickettsii, the
cause of Rocky Mountain
spotted fever.
(x) Rubella virus.
(xi) Yellow fever virus.
(B) The presence of IgM serum
antibodies to:
(i) Chlamydia psittaci.
(i)(ii) Hepatitis A virus.
(ii)(iii) Hepatitis B virus core
antigen.
(iii)(iv) Rubella virus.
(iv)(v) Rubeola (measles) virus.
(vi) Yellow fever virus.
Authority G.S. 130A-134; 130A-135; 130A-139; 130A-141.
15A NCAC 19A .0102 METHOD OF REPORTING
(a) When a report of a disease or condition is required to be
made pursuant to G.S. 130A-135 through 139 and 15A NCAC
19A .0101, the report shall be made to the local health director
as follows:
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
969
(1) With the exception of laboratories, which
shall proceed as in Subparagraph (d) of this
Rule, for For diseases and conditions required
to be reported within 24 hours, the initial
report shall be made by telephone, and the
report required by Subparagraph (2) of this
Paragraph shall be made within seven days.
(2) In addition to the requirements of
Subparagraph (1) of this Paragraph, the report
shall be made on the communicable disease
report card or in an electronic format provided
by the Division of Epidemiology Public
Health and shall include the name and address
of the patient, the name and address of any
minor's parent or guardian, and all other
pertinent epidemiologic information.
(3) Until September 1, 1994, reports of cases of
confirmed HIV infection identified by
anonymous tests that are conducted at HIV
testing sites designated by the State Health
Director pursuant to 15A NCAC 19A
.0202(10) shall be made on forms provided by
the Department for that purpose. No
communicable disease report card shall be
required. Effective September 1, 1994,
anonymous testing shall be discontinued and
all cases of confirmed HIV infection shall be
reported in accordance with 15A NCAC 19A
.0102(a)(1) and (2).
(4) In addition to the requirements of
Subparagraphs (1) and (2) of this Paragraph,
forms or electronic formats provided by the
Division of Epidemiology Public Health for
collection of information necessary for disease
control and documentation of clinical and
epidemiologic information about the cases
shall be completed and submitted for the
reportable diseases and conditions identified in
15A NCAC 19A .0101(a), namely, (1), (4),
(13), (20), (21), (22), (23), (24), (25), (26),
(27), (28), (29), (31), (32), (33), (34), (35),
(38), (39), (42), (43), (44), (49), (50), (52),
(53), (54), (55), (56), acquired immune
deficiency syndrome (AIDS); brucellosis;
cholera; cryptosporidiosis; cyclosporiasis;
E. coli 0157:H7 infection; ehrlichiosis;
Haemophilus influenzae, invasive disease;
Hemolytic-uremic syndrome/thrombotic
thrombocytopenic purpura; hepatitis A;
hepatitis B; hepatitis B carriage; hepatitis
C; human immunodeficiency virus (HIV)
confirmed; legionellosis; leptospirosis;
Lyme disease; malaria; measles (rubeola);
meningitis, pneumococcal; meningococcal
disease; mumps; paralytic poliomyelitis;
psittacosis; Rocky Mountain spotted fever;
rubella; rubella congenital syndrome;
tetanus; toxic shock syndrome; trichinosis;
tuberculosis; tularemia; typhoid; typhoid
carriage (Salmonella typhi); vibrio infection
(other than cholera); and (59) whooping
cough.
(5) Communicable disease report cards,
surveillance forms, and electronic formats are
available from the General Communicable
Disease Control Branch Surveillance Unit,
N.C. Division of Epidemiology, P.O. Box
29601, 1902 Mail Service Center, Raleigh,
NC 27626-0601, 27699-1902, (919) 733-3419,
and from local health departments.
(b) Notwithstanding the time frames established in 15A NCAC
19A .0101 a restaurant or other food or drink establishment shall
report all outbreaks or suspected outbreaks of foodborne illness
in its customers or employees and all suspected cases of
foodborne disease or foodborne condition in food-handlers at the
establishment by telephone to the local health department within
24 hours in accordance with Subparagraph (a)(1) of this Rule.
However, the establishment is not required to submit a report
card or surveillance form pursuant to Subparagraphs (a)(2) and
(a)(4) of this Rule.
(c) For the purposes of reporting by restaurants and other food
or drink establishments pursuant to G.S.130A-138, the diseases
and conditions to be reported shall be those listed in 15A NCAC
19A .0101(a), (3), (5), (8), (9), (12), (16), (21), (44), (45), (51),
(54), (55), namely, anthrax; botulism; brucellosis;
campylobacter infection; cholera; cryptosporidiosis;
cyclosporiasis; E. coli 0157:H7 infection; hepatitis A;
salmonellosis; shigellosis; streptococcal infection, Group A,
invasive disease; trichinosis; tularemia; typhoid; typhoid
carriage (Salmonella typhi);and (57) vibrio infection (other
than cholera).
(d) Laboratories required to report test results pursuant to G.S.
130A-139 and 15A NCAC 19A .0101(c) shall report as follows:
(1) The results of the specified tests for syphilis
syphilis , chlamydia and gonorrhea shall be
reported to the local health department by the
first and fifteenth of each month. Reports of
the results of the specified tests for gonorrhea
gonorrhea, chlamydia and syphilis shall
include the specimen collection date, the
patient's age, race, and sex, and the submitting
physician's name, address, and telephone
numbers.
(2) Positive darkfield examinations for syphilis
and STS titers of 1:16 and above shall be
reported within 24 hours by telephone to the
HIV/STD Control Prevention and Care
Branch at (919) 733-7301, or the HIV/STD
Control Prevention and Care Branch
Regional Office where the laboratory is
located.
(3) With the exception of positive laboratory tests
for human immunodeficiency virus, positive
laboratory tests as defined in G.S. 130A-
139(1) and 15A NCAC 19A .0101(c) shall be
reported to the General Communicable
Disease Control Section Branch
electronically, by secure telefax or by
telephone within the time periods specified for
each reportable disease or condition in 15A
NCAC 19A .0101(a). Confirmed positive
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
970
laboratory tests for human immunodeficiency
virus as defined in 15A NCAC 19A .0101(b)
shall be reported to the HIV/STD Control
Section Prevention and Care Branch within
seven days of obtaining reportable test results.
Reports shall include as much of the following
information as the laboratory possesses: the
specific name of the test performed; the source
of the specimen; the collection date(s); the
patient's name, age, race, and sex sex, address,
and county; and the submitting physician's
name, address, and telephone number.
Authority G.S. 130A-134; 130A-135; 130A-138; 130A-139;
130A-141.
SECTION .0200 - CONTROL MEASURES FOR
COMMUNICABLE DISEASES
15A NCAC 19A .0201 CONTROL MEASURES –
GENERAL
(a) Except as provided in Rules .0202 - .0209 of this Section, the
recommendations and guidelines for testing, diagnosis,
treatment, follow-up, and prevention of transmission for each
disease and condition specified by the American Public Health
Association in its publication, Control of Communicable
Diseases Manual shall be the required control measures. Control
of Communicable Diseases Manual is hereby incorporated by
reference including subsequent amendments and editions.
Guidelines and recommended actions published by the Centers
for Disease Control and Prevention shall supercede those
contained in the Control of Communicable Disease Manual and
are likewise incorporated by reference. Copies of this
publication may be purchased from the American Public Health
Association, Publication Sales Department, Post Office Box 753,
Waldora, MD 20604 for a cost of twenty-two dollars ($22.00)
each plus five dollars ($5.00) shipping and handling. A copy is
available for inspection in the General Communicable Disease
Control Section Branch, Cooper Memorial Health Building, 225
N. McDowell Street, Raleigh, North Carolina 27603-1382.
(b) In interpreting and implementing the specific control
measures adopted in Paragraph (a) of this Rule, and in devising
control measures for outbreaks designated by the State Health
Director and for communicable diseases and conditions for
which a specific control measure is not provided by this Rule,
the following principles shall be used:
(1) control measures shall be those which can
reasonably be expected to decrease the risk of
transmission and which are consistent with
recent scientific and public health information;
(2) for diseases or conditions transmitted by the
airborne route, the control measures shall
require physical isolation for the duration of
infectivity;
(3) for diseases or conditions transmitted by the
fecal-oral route, the control measures shall
require exclusions from situations in which
transmission can be reasonably expected to
occur, such as work as a paid or voluntary
food handler or attendance or work in a day
care center for the duration of infectivity;
(4) for diseases or conditions transmitted by
sexual or the blood-borne route, control
measures shall require prohibition of donation
of blood, tissue, organs, or semen, needle-sharing,
and sexual contact in a manner likely
to result in transmission for the duration of
infectivity.
(c) Persons with congenital rubella syndrome, tuberculosis, and
carriers of Salmonella typhi and hepatitis B who change
residence to a different local health department jurisdiction shall
notify the local health director in both jurisdictions.
(d) Isolation and quarantine orders for communicable diseases
and communicable conditions for which control measures have
been established shall require compliance with applicable
control measures and shall state penalties for failure to comply.
These isolation and quarantine orders may be no more restrictive
than the applicable control measures.
(e) An individual enrolled in an epidemiologic or clinical study
shall not be required to meet the provisions of 15A NCAC 19A
.0201 - .0209 which conflict with the study protocol if:
(1) the protocol is approved for this purpose by
the State Health Director because of the
scientific and public health value of the study,
and
(2) the individual fully participates in and
completes the study.
Authority G.S. 130A-135; 130A-144.
15A NCAC 19A .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
hepatitis B;
(2) not share needles or syringes;
(3) not donate or sell blood, plasma, platelets,
other blood products, semen, ova, tissues,
organs, or breast milk;
(4) if the time of initial infection is known,
identify to the local health director all sexual
intercourse and needle partners since the date
of infection; and, if the date of initial infection
is unknown, identify persons who have been
sexual intercourse or needle partners during
the previous six months;
(5) for the duration of the infection, notify future
sexual intercourse partners of the infection and
refer them to their attending physician or the
local health director for control measures
measures; and for the duration of the infection,
notify the local health director of all new
sexual intercourse partners;
(6) in all cases, identify to the local health director
all current household contacts;
(6)(7) be tested six months after diagnosis to
determine if they are chronic carriers, annually
for two years thereafter if they remain
infected, and when necessary to determine
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
971
appropriate control measures for persons
exposed pursuant to Paragraph (b) of this Rule.
(7)(8) Comply with all control measures for hepatitis
B specified in the American Public Health
Association publication, Control of
Communicable Diseases Manual, in those
instances where such control measures are not
in conflict with other requirements of this
Rule. This adoption by reference applies to all
future editions of the Control of
Communicable Diseases Manual.
(b) The following are the control measures for persons
reasonably suspected of being exposed:
(1) when a person has had a sexual intercourse
exposure to hepatitis B infection, the person
shall be tested;
(1)(2) when a person has had sexual intercourse
exposure to hepatitis B infection, the person
shall be given an appropriate dose of hepatitis
B immune globulin or immune globulin, 0.06
ml/kg, IM as soon as possible but no later than
two weeks after the last exposure;
(2)(3) when a person is a household contact, sexual
intercourse or needle sharing contact of a
person who has remained infected with
hepatitis B for six months or longer, the
partner or household contact, if susceptible
and at risk of continued exp osure, shall be
vaccinated against hepatitis B;
(3)(4) when a health care worker or other person has
a needlestick, non-intact skin, or mucous
membrane exposure to blood or body fluids
that, if the source were infected with the
hepatitis B virus, would pose a significant risk
of hepatitis B transmission, the following shall
apply:
(A) when the source is known, the source
person shall be tested for hepatitis B
infection, unless already known to be
infected;
(B) when the source is infected with
hepatitis B and the exposed person is:
(i) vaccinated, the exposed
person shall be tested for
anti-HBs and reimmunized if
appropriate; If anti-HBs is
less than ten SRU by RIA or
negative by EIA, the
exposed person shall be
given hepatitis B immune
globulin, 0.06 ml/kg, IM
immediately and a single
does of hepatitis B vaccine
within seven days;
(ii) not vaccinated, the exposed
person shall be given an
appropriate dose of hepatitis
B immune globulin globulin,
0.06 ml/kg, IM immediately
and, if at high risk for future
exposure, begin vaccination
with hepatitis B vaccine
within seven days;
(C) when the source is unknown and the
exposed person is:
(i) vaccinated, no intervention
is necessary;
(ii) not vaccinated, begin
vaccination with hepatitis B
vaccine within seven days if
at high risk for future
exposure.
(4)(5) infants born to infected mothers shall be given
hepatitis B immune globulin, 0.5 ml, IM as
soon as maternal infection is known and infant
is stabilized; vaccinated against hepatitis B
beginning as soon as possible; and tested for
HBsAg at 12 9-15 months of age. Infants
whose test results indicate no immunity and no
infection after completing three doses of
vaccine must receive additional doses of
vaccine until either immunity is obtained or a
total of three additional doses have been
administered.
(c) The attending physician shall advise all patients known to be
at high risk, including injection drug users, men who have sex
with men, hemodialysis patients, and patients who receive
frequent transfusions of blood products, that they should be
vaccinated against hepatitis B if susceptible.
(d) The following persons shall be tested for hepatitis B
infection:
(1) pregnant women unless known to be infected;
and
(2) donors of blood, plasma, platelets, other blood
products, semen, ova, tissues, or organs.
(e) The attending physician of a child who is infected with
hepatitis B virus and who may pose a significant risk of
transmission in the school or day care setting because of open,
oozing wounds or because of behavioral abnormalities such as
biting shall notify the local health director. The local health
director shall consult with the attending physician and
investigate the circumstances.
(f) If the child referred to in Paragraph (e) of this Rule is in
school or scheduled for admission and the local health director
determines that there may be a significant risk of transmission,
the local health director shall consult with an interdisciplinary
committee, which shall include school personnel, a medical
expert, and the child's parent or guardian to assist in the
investigation and determination of risk. The local health director
shall notify the superintendent or private school director of the
need to appoint such an interdisciplinary committee. If the
superintendent or private school director establishes such a
committee within three days of notification, the local health
director shall consult with this committee. If the superintendent
or private school director does not establish such a committee
within three days of notification, the local health director shall
establish such a committee.
(g) If the child referred to in Paragraph (e) of this Rule is in
school or scheduled for admission and the local health director
determines, after consultation with the committee, that a
significant risk of transmission exists, the local health director
shall:
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
972
(1) notify the parents;
(2) notify the committee;
(3) assist the committee in determining whether an
adjustment can be made to the student's school
program to eliminate significant risks of
transmission;
(4) determine if an alternative educational setting
is necessary to protect the public health;
(5) instruct the superintendent or private school
director concerning appropriate protective
measures to be implemented in the alternative
educational setting developed by school
personnel; and
(6) consult with the superintendent or private
school director to determine which school
personnel directly involved with the child need
to be notified of the hepatitis B virus infection
in order to prevent transmission and ensure
that these persons are instructed regarding the
necessity for protecting confidentiality.
(h) If the child referred to in Paragraph (e) of this Rule is in day
care and the local health director determines that there is a
significant risk of transmission, the local health director shall
notify the parents that the child must be placed in an alternate
child care setting that eliminates the significant risk of
transmission.
(i) The physician shall recommend that chronic carriers receive
hepatitis A vaccine (if susceptible).
Authority G.S. 130A-135; 130A-144.
15A NCAC 19A .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, lymphogranuloma venereum, and
granuloma inguinale. These services shall be provided upon
request and at no charge to the patient.
(b) Persons infected with, exposed to, or reasonably suspected of
being infected with gonorrhea, chlamydia, non-gonococcal
urethritis, and mucopurulent cervicitis shall:
(1) Refrain from sexual intercourse until
examined and diagnosed and treatment is
completed, and all lesions are healed;
(2) Be tested, treated, and re-evaluated in
accordance with the STD Treatment
Guidelines published by the U.S. Public
Health Service. The recommendations
contained in the STD Treatment Guidelines
shall be the required control measures for
testing, treatment, and follow-up for
gonorrhea, chlamydia, nongonococcal
urethritis, and mucopurulent cervicitis, and are
incorporated by reference including
subsequent amendments and editions. A copy
of this publication is on file for public viewing
with the HIV/STD Control Branch located at
225 N. McDowell Street, Cooper Building,
Raleigh, N.C. 27611-7687 or a copy may be
obtained free of charge by writing the
HIV/STD Control Branch, P.O. Box 27687,
Raleigh, N.C. 27611-7687, and requesting a
copy. However, urethral Gram stains may be
used for diagnosis of males rather than
gonorrhea cultures unless treatment has failed;
(3) Notify all sexual partners from 30 days before
the onset of symptoms to completion of
therapy that they must be evaluated by a
physician or local health department.
(c) Persons infected with, exposed to, or reasonably suspected of
being infected with syphilis, lymphogranuloma venereum,
granuloma inguinale, and chancroid shall:
(1) Refrain from sexual intercourse until
examined and diagnosed and treatment is
completed, and all lesions are healed;
(2) Be tested, treated, and re-evaluated in
accordance with the STD Treatment
Guidelines published by t h e U.S. Public
Health Service. The recommendations
contained in the STD Treatment Guidelines
shall be the required control measures for
testing, treatment, and follow-up for syphilis,
lymphogranuloma venereum, granuloma
inguinale, and chancroid, except that
chancroid cultures shall not be required;
(3) Give names to a disease intervention specialist
employed by the local health department or by
the HIV/STD Control Branch for contact
tracing of all sexual partners and others as
listed in this Rule:
(A) for syphilis:
(i) congenital - all immediate
family members;
(ii) primary - all partners from
three months before the
onset of symptoms to
completion of therapy and
healing of lesions;
(iii) secondary - all partners from
six months before the onset
of symptoms to completion
of therapy and healing of
lesions; and
(iv) latent - all partners from 12
months before the onset of
symptoms to completion of
therapy and healing of
lesions and, in addition, for
women with late latent,
spouses and children;
(B) for lymphogranuloma venereum:
(i) if there is a primary lesion
and no buboes, all partners
from 30 days before the
onset of symptoms to
completion of therapy and
healing of lesions; and
(ii) if there are buboes all
partners from six months
before the onset of
symptoms to completion of
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
973
therapy and healing of
lesions;
(C) for granuloma inguinale - all partners
from three months before the onset of
symptoms to completion of therapy
and healing of lesions; and
(D) for chancroid - all partners from ten
days before the onset of symptoms to
completion of therapy and healing of
lesions.
(d) All persons evaluated or reasonably suspected of being
infected with any sexually transmitted disease shall be tested for
syphilis, encouraged to be tested confidentially for HIV, and
counseled about how to reduce the risk of acquiring sexually
transmitted disease, including the use of condoms.
(e) All pregnant women shall be tested for syphilis and
gonorrhea early in pregnancy and in the third trimester. Pregnant
women at high risk for exposure to syphilis and gonorrhea shall
also be tested for syphilis and gonorrhea at the time of delivery.
(e) All pregnant women shall be tested for syphilis, chlamydia
and gonorrhea at the first prenatal visit. All pregnant women
shall be tested for syphilis between 28 and 30 weeks of
gestation. Pregnant women at increased risk for exposure to
syphilis shall be tested for syphilis again, at the time of delivery.
All pregnant women shall be tested for gonorrhea in the third
trimester. Pregnant women at increased risk for exposure to
gonorrhea shall be tested for gonorrhea again, at the time of
delivery. Pregnant women less than 25 years of age and women
who are at increased risk of exposure to chlamydia, i.e., women
who have a new partner or more than one partner or whose
partner has other partners, shall be tested for chlamydia in the
third trimester.
(f) All newborn infants shall be treated prophylactically against
gonococcal ophthalmia neonatorum in accordance with the STD
Treatment Guidelines published by the U. S. Public Health
Service. The recommendations contained in the STD Treatment
Guidelines shall be the required prophylactic treatment against
gonococcal ophthalmia neonatorum.
Authority G. S. 130A-135; 130A-144.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 50 - BOARD OF EXAMINERS OF
PLUMBING, HEATING AND FIRE SPRINKLER
CONTRACTORS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the State Board of Examiners of Plumbing, Heating and Fire
Sprinkler Contractors intends to amend the rules cited as 21
NCAC 50 .0104, .0106, .0301, .0306-.0309, .0404, .0409, .0411,
.0501, .0505, .0508, .0511, .1101-.1102, .1104 and repeal the
rules cited as 21 NCAC 50 .0304, .1103. Notice of Rule-making
Proceedings was published in the Register on September 17,
2001.
Proposed Effective Date: June 14, 2002
Public He aring:
Date: January 15, 2002
Time: 9:00 a.m.
Location: 3801 Wake Forest Rd., Suite 201, Raleigh, NC
Reason for Proposed Action:
21 NCAC 50 .0104, .0106, .0301, .0306, .0308, .0404, .0411,
.0505 – Recent legislation has mandated certain changes and
has authorized others. In addition, minor changes in text of
rules and changes to match current procedures are being
contemplated. Also, hearings on adoption, as permanent rules,
of rules previously adopted as temporary rules will be carried
out at the same hearing. Among the issues are changes in office
hours, Board elections, personnel titles, conversion to computer-based
examination of applicants, alteration of exam and
experience requirements for license applicants, creation of
additional education and training requirements for failed
examinees, creation of on-line license register, clarification of
employment, and supervision requirements and standards.
21 NCAC 50 .0304, .1103 – The General Assembly has
eliminated special examinations and different fees for persons
from towns less than 10,000 population. Repeal of these Rules
in conflict with the statutes is contemplated.
21 NCAC 50 .0307, .0309, .0409, .0501, .0508, .0511, .1101-
.1102, .1104 – Each of these Rules are amended in order to
match mandates in Chapter 270 of the 2001 Session Law. The
text is consistent with temporary rules adopted effective August
31, 2001.
Comment Procedures: Written comments must be received by
9:00 a.m., January 15, 2002. Comments should be mailed to
John N. Fountain, Rulemaking Coordinator, 3801 Wake Forest
Rd., Suite 201, Raleigh, NC 27609.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
SECTION .0100 – ORGANIZATION
21 NCAC 50 .0104 EXECUTIVE DIRECTOR:
OTHER PERSONNEL
(a) The Board shall employ a full time executive secretary
director, who shall act as an authorized agent of the Board.
(b) The Board is empowered to employ legal, accounting,
consulting and other necessary assistance in carrying out the
provisions of Article 2 of Chapter 87 of the General Statutes.
Authority G.S. 87-18.
21 NCAC 50 .0106 LOCATION OF OFFICE
The mailing address is the State Board of Examiners of
Plumbing, Heating and Fire Sprinkler Contractors, 3801 Wake
Forest Road, Suite 201, Raleigh, NC 27609. The office hours
are 7:00 8:00 a.m. to 6:00 5:00 p.m., Monday through Friday.
Authority G.S. 87-16; 87-18.
SECTION .0300 – EXAMINATIONS
21 NCAC 50 .0301 QUALIFICATIONS
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
974
DETERMINED BY EXAMINATION
(a) In order to determine the qualifications of an applicant, the
Board shall provide a an written examination in writing or by
computer in the following categories:
Plumbing Contracting, Class I
Plumbing Contracting, Class II
Heating, Group No. l - Contracting, Class I
Heating, Group No. 1 - Contracting, Class II
Heating, Group No. 2 - Contracting, Class I
Heating, Group No. 3 - Contracting, Class I
Heating, Group No. 3 - Contracting, Class II
Fuel Piping
(b) Each applicant shall be required to read, interpret and
provide written answers to all parts of the examinations required
by G.S. 87-21(b). 87-21(b), except during oral examinations
provided pursuant to G.S. 87-21(b).
(c) Applicants for licensure as a fire sprinkler contractor must
submit evidence of current certification by the National Institute
for Certification and Engineering Technology (NICET) for Fire
Protection Engineering Technician, Level III, subfield of
Automatic Sprinkler System Layout as the prerequisite for
licensure. licensure except that NICET, Level II certification is
required for license limited to residential systems . Current
certification by NICET is in lieu of separate examination
conducted by the Board.
Authority G.S. 87-18; 87-21(a); 87-21(b).
21 NCAC 50 .0304 SPECIAL EXAMINATIONS
The Board may implement a program of additional regular
examinations, on dates other than April and October, at the same
cost as set for the regular examinations.
Authority G.S. 87-18; 87-21(a); 87-21(b).
21 NCAC 50 .0306 APPLICATIONS: ISSUANCE OF
LICENSE
(a) All applicants for regular examinations shall file an
application in the office of the executive secretary on or before
the date set out on the examination application form, which date
shall be no more than 60 days prior to the examination. Board
office on a form provided by the Board.
(b) Applicants for each plumbing or heating examination shall
present evidence at the time of application on forms provided by
the Board to establish two years on-site full-time experience in
the design and installation installation, maintenance, service or
repair of plumbing or heating systems related to the category for
which license is sought, whether or not license was required for
the work performed. One year of experience in the design or
installation of fuel piping is required for fuel piping license.
Practical experience shall directly involve plumbing, heating or
fuel piping and may include work as a field superintendent,
project manager, journeyman, mechanic or plant stationary
operator directly involved in the installation, maintenance,
service or repair of such systems. Service, maintenance or repair
activity Work work as a local government inspector of plumbing
or heating systems while qualified by the Code Officials
Qualification Board, work as a field representative of this Board
or work by a graduate of an ABET accredited engineering or
engineering technology program with direct on-site involvement
with plumbing or heating system construction, construction
supervision, plant engineering or operation may be used utilize
such work as evidence of one-half the practical experience
required; provided that Board members and employees may not
sit for examination during their tenure with the Board. After
review, the Board may request additional evidence. Up to one-half
the experience may be in academic or technical training
directly related to the field of endeavor for which examination is
requested. The Board shall pro rate part-time work of less than
40 hours per week or part-time academic work of less than 15
semester or quarter hours or work which involves the kinds of
work set out hereafter only part of the time.
(c) The Board shall issue a license certificate bearing the license
number assigned to the qualifying individual.
(d) Fire Sprinkler contractors shall meet experience
requirements in accordance with NICET examination criteria.
Authority G.S. 87-18; 87-21(b).
21 NCAC 50 .0307 REFUND OF DEPOSIT
(a) An The application and examination fee for a an regular
examination will not be refunded refunded. unless the applicant
notifies the executive secretary, either orally or in writing, at
least three days before the examination that the applicant will be
unable to attend the examination. To be effective, an oral
notification must be confirmed in writing within three days.
(b) In the event an applicant fails to pass the examination, fails
to appear for examination, or abandons an examination, the
license fee deposit will be refunded.
Authority G.S. 87-18; 87-21(b); 87-22; 87-22.1.
21 NCAC 50 .0308 REVIEW OF EXAMINATION
(a) Any person who fails to pass an examination may, on
written request, review the examination paper at a time and place
determined by the Board.
(b) In the event an applicant fails an examination for a particular
qualification three times, the applicant must present evidence of
six months practical education directly involving both design
and installation of systems of the type for which license is
sought together with 50 contact hours of classroom education in
the subjects covered by the examination.
Authority G.S. 87-18; 87-21(b); 87-25.
21 NCAC 50 .0309 EXPANDING SCOPE OF
LICENSE
(a) Any licensee holding a license as an individual, or a licensee
whose name appears on the certificate of license issued in the
name of a corporation, partnership, or business that has a trade
name, may be examined for the purpose of expansion of his
license qualifications without deposit of an additional annual
license fee upon payment of the required application and
examination fee fee. except that licensees seeking to add
qualification as a fire sprinkler contractor must pay the license
fee for that qualification.
(b) A current license limited to cities or towns of less than
10,000 population may be expanded to statewide in scope
without examination, upon payment of the license fee as
prescribed by Rule .1103 of this Chapter.
Authority G.S. 87-18; 87-21(b); 87-25.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
975
SECTION .0400 – GENERAL PROCEDURES
21 NCAC 50 .0404 ACTIVE EMPLOYMENT
(a) In each business location, branch or facility of any kind from
which work requiring a license pursuant to G.S. 87, Article 2 is
solicited or proposed, or from which contracts for such work are
negotiated or entered into, or from which requests for such work
are received or accepted, or from which such work is carried out
or dispatched, there shall be on-site at least one individual who
holds qualification in the classification needed for the work
being proposed or performed, whose license is listed in the name
of the particular firm or business at that location, and who is
engaged in the work of the firm at the business location or at
firm job sites at least 1500 hours annually, and who has the
responsibility to make, modify, terminate and set the terms of
contracts, and to exercise general supervision, as defined in Rule
.0505 of this Chapter, of all work falling within his license
qualification. Evidence of compliance may be required as a
condition of renewal or retention of license, and falsification
shall constitute fraud in obtaining license. The standards set
forth in 21 NCAC 50 .0512 may be applied.
(b) A temporary field office used solely to conduct the work
requiring license involved in an existing contract or contracts
entered into by the main license office and from which no new
business is solicited or conducted shall not be deemed a separate
place of business or branch thereof.
Authority G.S. 87-18; 87-21(a)(5); 87-21(a)(6); 87-26.
21 NCAC 50 .0409 REINSTATEMENT OF EXPIRED
LICENSE
A license which expires may be reinstated within three years of
the date of expiration upon written request request. Upon
presentation of satisfactory evidence that the licensee has not
engaged in the business of either plumbing, heating or fire
sprinkler contracting since the expiration of his license, payment
of the license fee for the current year only will be required. In
the absence of such evidence, the license may be reinstated
within three years of the date of expiration and upon payment of
the current license fee, the license fee for the year for which such
evidence is omitted and all subsequent years, unpaid prior years
together with the penalty processing fee imposed by G.S. 87-22.
Authority G.S. 87-18; 87-22.
21 NCAC 50 .0411 PUB LICATIONS
(a) The following publications are available from the Board:
(1) laws applicable to plumbing, heating and fire
sprinkler contracting in the State of North
Carolina;
(2) rules of the Board; and
(3) suggested study references for the qualifying
examinations conducted by the Board; Board.
(4) register of licensees and supplements thereto.
(b) A Register of licensees is made available electronically on-line
at all times.
Authority G.S. 87-18.
SECTION .0500 - POLICY STATEMENTS AND
INTERPRETATIVE RULES
21 NCAC 50 .0501 AIR CONDITIONING FURTHER
DEFINED
(a) An air conditioning system Heating Group 2 systems are
defined in G.S. 87-21(a)(3) is an aggregation or assemblage of
objects united by some form of interaction or interdependence,
or a group of single or multiple units so combined as to form an
integral whole, that requires a total of more than 15 tons of
mechanical refrigeration to function or operate, which produces
conditioned air by the lowering of temperature for comfort
cooling, and requires air distribution ducts . Multiple units
serving interconnected space and aggregating more than 15 tons
are included in the foregoing whether or not separately ducted or
controlled.
(b) All heating or cooling systems utilizing ductwork and
located in single family residences, and not requiring a Heating
Group 1 license requires a Heating Group 3 license.
Authority G.S. 87-18; 87-21(a)(3).
21 NCAC 50 .0505 GENERAL SUPERVISION AND
STANDARD OF COMPETENCE
(a) The general supervision required by G.S. 87-26 is that
degree of supervision which is necessary and sufficient to ensure
that the contract is performed in a workmanlike manner and with
the requisite skill and that the installation is made properly,
safely and in accordance with applicable codes and rules.
General supervision requires that review of the work done
pursuant to the license be performed while the work is in
progress.
(b) The Board recognizes the provisions of the North Carolina
Building Code, including the provisions of the Southern
Building Code codes and standards incorporated by reference, to
the extent adopted by the Building Code Council of North
Carolina from time to time as the minimum standard of
competence applicable to contractors licensed by the Board.
Licensees are required to design and install systems which meet
or exceed the minimum standards of the North Carolina State
Building Code, Code and Manufacturer's specifications and
installation instructions and accepted standards prevailing in the
industry.
Authority G.S. 87-18; 87-23; 87-26.
21 NCAC 50 .0508 HEATING: LICENSE
REQUIRED
(a) A license in heating, group No. 3 is required for the
installation or replacement of a furnace, ductwork or condenser
in a heating, group No. 3 system.
(b) A license in heating, group No. 3 is required to install or
replace a self-contained fireplace unit if the unit utilizes ducts or
a blower to distribute air to areas not immediately adjacent to the
fireplace itself.
(c) A license in heating, group No. 3 is required when air
conditioning of less than 15 tons is added to an already installed
heating, group No. 3 system, provided the existing heating
system is altered or modified, or there are changes in the duct or
control system.
PROPOSED RULES
16:11 NORTH CAROLINA REGISTER December 3, 2001
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(d) A Heating Group No. 2 license is required for the
installation or replacement of equipment or ductwork in a
Heating Group No. 2 system. system, unless exempted by G.S.
87-21(a)(3).
Authority G.S. 87-18; 87-21(a)(3); 87-21(a)(5); 87-21(c).
21 NCAC 50 .0511 FUEL PIPING
The contracting or installation of fuel piping extending from an
approved fuel source at or near the premises, to a point within
the premises, requires either Plumbing, Heating Group 1,
Heating Group 2, Heating Group 3, or Fuel Piping license
license, if such piping is or may be used partly or entirely to
supply fuel to plumbing or heating systems or equipment or if,
by the installation of such piping, the fuel supply to plumbing or
heating systems or equipment within the meaning of G.S. 87-
21(a) may be altered or affected. regardless the nature of the
system, equipment or appliance served. The term fuel refers to
flammable gas, flammable liquefied gas, or flammable liquid as
those terms are defined in Volume V of the North Carolina
Building Code, and to combustible liquid so defined when used
in a non-residential application. This provision does not alter the
restriction of Class II license to single family detached
residential dwellings.
Authority G.S. 87-18; 87-21.
SECTION .1100 - FEES
21 NCAC 50 .1101 EXAMINATION FEES
(a) An application to reissue or transfer license to a different
corporation, partnership or individual name requires a fee of
twenty-five dollars ($25.00), consistent with G.S. 87-26.
(b) An application to issue or transfer license to the license of an
existing licensee requires a fee of twenty-five dollars ($25.00),
consistent with G.S. 87-26.
(c) An application for license License by examination requires a
an application fee of twenty dollars ($20.00) and an examination
fee of sixty dollars ($60.00), which is nonrefundable. fee of fifty
dollars ($50.00) for the examination and a fee for issuance of
license as set forth in 21 NCAC 50 .1102 or this Rule. Upon
passage of the examination, the license fee set forth in 21 NCAC
50 .1102 or this Rule must be paid to obtain the license within
45 days of notification of the result of the examination, except
that anyone passing the examination after November 1 of any
year may elect to obtain license for the following year rather
than the year in which the exam was passed.
Authority G.S. 87-18; 87-22.1; 87-22; 87-26.
21 NCAC 50 .1102 LICENSE FEES
(a) Except as set out in this Rule, the annual license fee for
statewide licenses by this Board is seventy-five dollars ($75.00).
one hundred dollars ($100.00).
(b) The annual license fee for a license limited in territory to
cities or towns less than 10,000 population forty-five dollars
($45.00).
(c)(b) The annual license fee for a licensed individual who is
not actively engaged in business requiring license by reason of
full-time employment as a local government plumbing, heating
or mechanical inspector and who holds qualifications from the
Code Officials Qualification Board is fifteen dollars ($15.00).
(d)(c) The initial application fee for license as a fire sprinkler
contractor is seventy-five dollars ($75.00). The annual license
fee for statewide licenses issued to a fire sprinkler contractor in
the name of an individual, corporation, partnership or business
with a trade name is two-hundred seventy-five dollars ($275.00).
(e)(d) The annual license fee for an individual whose
qualifications are listed as the second or subsequent individual
on a corporation, partnership, or business with a trade name
under Paragraphs (a), (b) or (d) of this Rule is ten dollars
($10.00).
Authority G.S. 87-18; 87-21; 87-22.
21 NCAC 50 .1103 EXPANDING SCOPE OF
LICENSE
A current license limited to cities or towns of less than 10,000
population may be expanded to statewide in scope upon payment
of a thirty dollars ($30.00) fee to the Board.
Authority G.S. 87-18; 87-22.
21 NCAC 50 .1104 FEES FOR COPIES OF
RECORDS AND RETURNED CHECKS
The Board charges the following fees:
(1) copy of the Register of Licensees $4.00 each
(1)(2) copies of license $15.00
(2)(3) abstract of license record $15.00
(3)(4) processing fee for returned checks
maximum allowed by law
(4)(5) copy of Board rules $10.00
(5) processing fee for late renewal $25.00
Authority G.S. 25-3-512; 87-18; 150B-19.
TEMPORARY RULES
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This Section includes temporary rules reviewed by the Codifier of Rules and entered in the North Carolina Administrative Code and
includes, from time to time, a listing of temporary rules that have expired. See G.S. 150B-21.1 and 26 NCAC 02C .0500 for adoption
and filing requirements. Pursuant to G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a
notice of rule-making proceedings unless this notice has been previously published by the agency.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
RESOURCES
Rule-making Agency: NC Division of Facility Services, DHHS
Rule Citation: 10 NCAC 03R .1125-.1126
Effective Date: January 1, 2002
Findings Reviewed and Approved by: Julian Mann
Authority for the rulemaking: G.S. 131E-175; 131E-176; S.L.
2001, c. 234
Reason for Proposed Action: The NC General Assembly
recently ratified Senate Bill 937 (SL 2001-234). This legislation
amends G.S. 131E-175 and G.S. 131E-176 to add Adult Care
Homes (with 7 or more beds) to the Certificate of Need (CON)
review. The Division is proposing to adopt temporary
amendments to 10 NCAC 03R .1125 - .1226 to meet this
legislative mandate.
Comment Procedures: Written comments concerning this rule-making
action must be submitted to Mark Benton, Rule-making
Coordinator or Lee Hoffman, Chief, Certificate of Need Section,
NC Division of Facility Services, 2701 Mail Service Center,
Raleigh, NC 27699-2701.
CHAPTER 03 – FACILITY SERVICES
SUBCHAPTER 03R – CERTIFICATE OF NEED
REGULATIONS
SECTION .1100 – CRITERIA AND STANDARDS FOR
NURSING FACILITY OR ADULT CARE HOME
SERVICES
10 NCAC 03R .1125 INFORMATION REQUIRED OF
APPLICANT
(a) An applicant proposing to establish new nursing facility or
adult care home beds shall project an occupancy level for the
entire facility for each of the first eight calendar quarters
following the completion of the proposed project. All
assumptions, including the specific methodologies by which
occupancies are projected, shall be clearly stated.
(b) An applicant proposing to establish new nursing facility or
adult care home b