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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 976 (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 16:11 NORTH CAROLINA REGISTER December 3, 2001 977 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
Object Description
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Title | North Carolina register |
Date | 2001-12-03 |
Description | Volume 16, Issue 11, (December 3, 2001) |
Digital Characteristics-A | 558 KB; 114 p. |
Digital Format |
application/pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
Full Text | 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 976 (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 16:11 NORTH CAROLINA REGISTER December 3, 2001 977 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 |
OCLC number | 13686205 |