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This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER VOLUME 26 ● ISSUE 15 ● Pages 1060 - 1174 February 1, 2012 I. EXECUTIVE ORDERS Executive Order No. 113 .................................................................................... 1060 - 1062 II. IN ADDITION Real Estate Commission – Notice of Change of Location of Public Hearing .... 1063 Decision Letters on "Changes Affecting Voting" from US Attorney General .. 1064 – 1067 III. PROPOSED RULES Environment and Natural Resources, Department of Environmental Management Commission ...................................................... 1089 – 1092 Health and Human Services, Department of Child Care Commission .................................................................................. 1068 – 1077 Medical Care Commission .............................................................................. 1077 – 1081 Justice, Department of Criminal Justice Education and Training Standards Commission .................. 1081 – 1089 IV. APPROVED RULES ........................................................................................ 1093 – 1167 Environment and Natural Resources, Department of Wildlife Resources Commission Health and Human Services, Department of Mental Health, Commission for Occupational Licensing Boards and Commissions Cosmetic Art Examiners, Board of Medical Board Plumbing, Heating and Fire Sprinkler Contractors, Board of Examiners for V. RULES REVIEW COMMISSION ................................................................. 1168 – 1169 VI. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1170 – 1174 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 Contact List for Rulemaking Questions or Concerns For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive. Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. Office of Administrative Hearings Rules Division 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071 Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075 Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073 Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083 Rule Review and Legal Issues Rules Review Commission 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081 Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079 Fiscal Notes & Economic Analysis and Governor's Review Office of State Budget and Management 116 West Jones Street (919) 807-4700 Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740 NC Association of County Commissioners 215 North Dawson Street (919) 715-2893 Raleigh, North Carolina 27603 contact: Rebecca Troutman rebecca.troutman@ncacc.org NC League of Municipalities (919) 715-4000 215 North Dawson Street Raleigh, North Carolina 27603 contact: Erin L. Wynia ewynia@nclm.org Legislative Process Concerning Rule-making Joint Legislative Administrative Procedure Oversight Committee 545 Legislative Office Building 300 North Salisbury Street (919) 733-2578 Raleigh, North Carolina 27611 (919) 715-5460 FAX contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER Publication Schedule for January 2012 – December 2012 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule 31st legislative day of the session beginning: 270th day from publication in the Register 26:13 01/03/12 12/08/11 01/18/12 03/05/12 03/20/12 05/01/12 05/16/12 09/29/12 26:14 01/17/12 12/21/11 02/01/12 03/19/12 03/20/12 05/01/12 05/16/12 10/13/12 26:15 02/01/12 01/10/12 02/16/12 04/02/12 04/20/12 06/01/12 01/30/13 10/28/12 26:16 02/15/12 01/25/12 03/01/12 04/16/12 04/20/12 06/01/12 01/30/13 11/11/12 26:17 03/01/12 02/09/12 03/16/12 04/30/12 05/21/12 07/01/12 01/30/13 11/26/12 26:18 03/15/12 02/23/12 03/30/12 05/14/12 05/21/12 07/01/12 01/30/13 12/10/12 26:19 04/02/12 03/12/12 04/17/12 06/01/12 06/20/12 08/01/12 01/30/13 12/28/12 26:20 04/16/12 03/23/12 05/01/12 06/15/12 06/20/12 08/01/12 01/30/13 01/11/13 26:21 05/01/12 04/10/12 05/16/12 07/02/12 07/20/12 09/01/12 01/30/13 01/26/13 26:22 05/15/12 04/24/12 05/30/12 07/16/12 07/20/12 09/01/12 01/30/13 02/09/13 26:23 06/01/12 05/10/12 06/16/12 07/31/12 08/20/12 10/01/12 01/30/13 02/26/13 26:24 06/15/12 05/24/12 06/30/12 08/14/12 08/20/12 10/01/12 01/30/13 03/12/13 27:01 07/02/12 06/11/12 07/17/12 08/31/12 09/20/12 11/01/12 01/30/13 03/29/13 27:02 07/16/12 06/22/12 07/31/12 09/14/12 09/20/12 11/01/12 01/30/13 04/12/13 27:03 08/01/12 07/11/12 08/16/12 10/01/12 10/22/12 12/01/12 01/30/13 04/28/13 27:04 08/15/12 07/25/12 08/30/12 10/15/12 10/22/12 12/01/12 01/30/13 05/12/13 27:05 09/04/12 08/13/12 09/19/12 11/05/12 11/20/12 01/01/13 01/30/13 06/01/13 27:06 09/17/12 08/24/12 10/02/12 11/16/12 11/20/12 01/01/13 01/30/13 06/14/13 27:07 10/01/12 09/10/12 10/16/12 11/30/12 12/20/12 02/01/13 05/2014 06/28/13 27:08 10/15/12 09/24/12 10/30/12 12/14/12 12/20/12 02/01/13 05/2014 07/12/13 27:09 11/01/12 10/11/12 11/16/12 12/31/12 01/22/13 03/01/13 05/2014 07/29/13 27:10 11/15/12 10/24/12 11/30/12 01/14/13 01/22/13 03/01/13 05/2014 08/12/13 27:11 12/03/12 11/07/12 12/18/12 02/01/13 02/20/13 04/01/13 05/2014 08/30/13 27:12 12/17/12 11/26/12 01/01/13 02/15/13 02/20/13 04/01/13 05/2014 09/13/13 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 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 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 An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed 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. EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1060 EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1061 EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1062 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1063 Notice of Change of Location of NC Real Estate Commission's Public Hearing Notice is hereby given that the location of the public hearing to be held in connection with the NC Real Estate Commission's proposed amendment of the rule cited as NCAC 58A .0114, as published in volume 26, issue 13, page 948 of the North Carolina Register, has been moved. The new location of the public hearing is as follows: Public Hearing: Date: March 7, 2012 Time: 9:00 a.m. Location: North Raleigh Hilton, Salon E, 3415 Wake Forest Road, Raleigh, NC 27609 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1064 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1065 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1066 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1067 PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1068 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Child Care Commission intends to adopt the rule cited as 10A NCAC 09 .1706; amend the rules cited as 10A NCAC 09 .0102, .0714, .0901-.0902, .1702, .1718; and repeal the rules cited as 10A NCAC 09 .1501-.1504, and .1506. Link to agency website pursuant to G.S. 150B-19.1(c): http://ncchildcare.dhhs.state.nc.us/general/whatsnew.asp Proposed Effective Date: July 1, 2012 Public Hearing: Date: February 28, 2012 Time: 1:30 p.m. Location: Division of Child Development and Early Education, 319 Chapanoke Road, Suite 120, Room 300, Raleigh, NC Reason for Proposed Action: 10A NCAC 09 .0714 – Amendments to this rule will establish guidelines for staff to use when supervising children indoors or outdoors while they are in child care. Staff must know where children are at all times and be able to hear and see them. Also a provision from the Americans with Disabilities Act (ADA) will be added for individuals with a disability who are seeking employment in child care. 10A NCAC 09 .0901, .0902, .1702, .1706, .1718 – Proposed amendments to these rules are in accordance with the S.L. 2010- 117 to improve the nutrition standards in child care facilities by limiting certain foods (i.e. juice) or prohibits providing some at all (i.e. soda, flavored milk). Meeting these requirements will continue to allow for providers to participate in the Child and Adult Care Food Program and be reimbursed as they have been historically. 10A NCAC 09 .0102, .1501, .1502, 1503, .1504, .1506 – As part of the Governor's RIMP report, rules regarding temporary care were identified as being unnecessary. Rules .1501, .1502, .1503, .1504 and .1506 are proposed for repeal. Also the definition of temporary care in Rule .0102(32) will be deleted. Procedure by which a person can object to the agency on a proposed rule: Objections may be submitted in writing to Dedra Alston, Division of Child Development and Early Education, 2201 Mail Service Center, Raleigh, NC 27699-2201; or by email to Dedra.Alston@dhhs.nc.gov by April 2, 2012. Comments may be submitted to: Dedra Alston, Division of Child Development and Early Education, 2201 Mail Service Center, Raleigh, NC 27699-2201; phone (919) 890-7060; fax (919) 662-4543; email Dedra.Alston@dhhs.nc.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 09 - CHILD CARE RULES SECTION .0100 - DEFINITIONS Note: Text shown in Italics has been approved by the RRC and is pending Legislative review. 10A NCAC 09 .0102 DEFINITIONS The terms and phrases used in this Chapter are defined as follows except when the content context of the rule requires a different meaning. The definitions prescribed in G.S. 110-86 also apply to these Rules. (1) "Agency" as used in Section .2200 of this Chapter, means Division of Child Development, Development and Early Education, Department of Health and Human Services located at 319 Chapanoke Road, Suite 120, Raleigh, North Carolina 27603. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1069 (2) "Appellant" means the person or persons who request a contested case hearing. (3) "Basic School-Age Care" training (BSAC training) means the training on the elements of quality afterschool care for school-age children, developed by the North Carolina State University Department of 4-H Youth Development and subsequently revised by the North Carolina School-age Quality Improvement Project. Other training shall be approved as equivalent if the Division determines that the content of the training offered is substantially equivalent to the BSAC training. (4) "Child Care Program" means a single center or home, or a group of centers or homes or both, which are operated by one owner or supervised by a common entity. (5) "Child care provider" as defined by G.S. 110- 90.2(a)(2)a. and used in Section .2700 of this Chapter, includes the following employees who have contact with the children in a child care program: facility directors, administrative staff, teachers, teachers' aides, cooks, maintenance personnel, and drivers. (6) "Child Development Associate Credential" means the national early childhood credential administered by the Council for Early Childhood Professional Recognition. (7) "Developmentally appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children. (8) "Division" means the Division of Child Development and Early Education within the Department of Health and Human Services. (9) "Drop-in care" means a child care arrangement where children attend on an intermittent, unscheduled basis. (10) "Early Childhood Environment Rating Scale - Revised Edition" (Harms, Clifford, and Cryer, 2005, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of children in the group are two and a half years old through five years old, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (11) "Experience working with school-aged children" means working with school-age children as an administrator, program coordinator, group leader, assistant group leader, lead teacher, teacher or aide. (11)(12) "Family Child Care Environment Rating Scale - Revised Edition" (Harms, Cryer and Clifford, 2007, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by children in family child care homes to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (12)(13) "First aid kit" is a collection of first aid supplies (such as bandages, tweezers, disposable nonporous gloves, micro shield or face mask, liquid soap, cold pack) for treatment of minor injuries or stabilization of major injuries. (13)(14) "Group" means the children assigned to a specific caregiver or caregivers, to meet the staff/child ratios set forth in G.S. 110-91(7) and this Chapter, using space which is identifiable for each group. (14)(15) "Health care professional" means: (a) a physician licensed in North Carolina; (b) a nurse practitioner approved to practice in North Carolina; (c) a licensed physician assistant. (15)(16) "Household member" means a person who resides in a family home as evidenced by factors including, including maintaining clothing and personal effects at the household address, receiving mail at the household address, using identification with the household address, or eating and sleeping at the household address on a regular basis. (16)(17) "If weather conditions permit" means: (a) temperatures that fall within the guidelines developed by the Iowa Department of Public Health and specified on the Child Care Weather Watch chart. These guidelines shall be used when determining appropriate weather conditions for taking children outside for outdoor learning activities and playtime. This chart may be downloaded free of PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1070 charge from http://www.idph.state.ia.us/hcci/com mon/pdf/weatherwatch.pdf, and is incorporated by reference and includes subsequent editions and amendments; (b) following the air quality standards as set out in 15A NCAC 18A .2832(d). healthy air quality as forecast by the Department of Environment and Natural Resources' Air Quality Forecasts and Information web page. The Air Quality Color Guide can be found on the Division's web site at http://xapps.enr.state.nc.us/aq/Forecas tCenter or call 1-888-RU4NCAIR (1- 888-784-6224); and (c) no active precipitation. Caregivers may choose to go outdoors when there is active precipitation if children have appropriate clothing such as rain boots and rain coats, or if they are under a covered area. (17)(18) "Infant/Toddler Environment Rating Scale - Revised Edition" (Harms, Cryer, and Clifford, 2003, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of children in the group are younger than thirty months old, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (18)(19) "ITS-SIDS Training" means the Infant/Toddler Safe Sleep and SIDS Risk Reduction Training developed by the NC Healthy Start Foundation for the Division of Child Development and Early Education for caregivers of children ages 12 months and younger. (19)(20) "Licensee" means the person or entity that is granted permission by the State of North Carolina to operate a child care facility. The owner of a facility is the licensee. [(20)](21) "North Carolina Early Educator Certification (certification)" is an acknowledgement of an individual's verified level of educational achievement based on a standardized scale. The North Carolina Institute for Child Development Professionals certifies individuals and assigns a certification level on two scales: the Early Care and Education Professional Scale (ECE Scale) in effect as of July 1, 2010 or the School Age Professional Scale (SA Scale) in effect as of May 19, 2010. Each scale reflects the amount of education earned in the content area pertinent to the ages of children served. The ECE Scale is designed for individuals working with or on behalf of children ages birth to five. The SA Scale is designed for individuals working with or on behalf of children ages 5 to 12 who are served in school age care settings. (20)[(21)](22) "North Carolina Early Childhood Credential" means the state early childhood credential that is based on completion of required early childhood coursework taken at any NC Community College. and standards found in the North Carolina Early Childhood Instructor Manual (published by the NC Community College System Office). These standards are incorporated by reference and include subsequent amendments. Other post secondary curriculum coursework shall be approved as equivalent if the Division determines that the content of the other post secondary curriculum coursework offered is substantially equivalent to the NC Early Childhood Credential Coursework. A copy of the North Carolina Early Childhood Credential requirements is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection or copying at no charge during regular business hours. (21)[(22)](23) "Owner" means any person with a five percent or greater equity interest in a child care facility, however, however stockholders of corporations who own child care facilities are not subject to mandatory criminal history checks pursuant to G.S. 110-90.2 and G.S. 110-91(8) unless they are involved in day-to-day operations of the child care facility. a child care provider. (22)[(23)](24) "Parent" means a child's parent, legal guardian, or full-time custodian. (23)[(24)](25) "Part-time care" means a child care arrangement where children attend on a regular schedule but less than a full-time basis. (24)[(25)](26) "Passageway" means a hall or corridor. (25)[(26)](27) "Person" means any individual, trust, estate, partnership, corporation, joint stock company, consortium, or any other group, entity, organization, or association. (26)[(27)](28) "Preschooler" or "preschool-age child" means any child who does not fit the definition of school-age child in this Rule. (27)[(28)](29) "School-Age Care Environment Rating Scale" (Harms, Jacobs, and White, 1996, published by Teachers College Press) is the PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1071 instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of the children in the group are older than five years, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (28)[(29)](30) "School-age child" means any child who is attending or who has attended, a public or private grade school or kindergarten and meets age requirements as specified in G.S. 115C- 364. (29)[(30)](31) "Seasonal Program" means a recreational program as set forth in G.S. 110- 86(2)(b). (30)[(31)](32) "Section" means Division of Child Development. Development and Early Education. (31)[(32)](33) "Substitute" means any person who temporarily assumes the duties of a staff person for a time period not to exceed two consecutive months. (32)[(33)](34) "Temporary care" means any child care arrangement which provides either drop-in care or care on a seasonal or other part-time basis and is required to be regulated pursuant to G.S. 110-86. (33)[(34)](35)(34) "Track-Out Program" means any child care provided to school-age children when they are out of school on a year-round school calendar. (34)[(35)](36)(35) "Volunteer" means a person who works in a child care facility and is not monetarily compensated by the facility. Authority G.S. 110-85; 110-88; 143B-168.3. SECTION .0700 - HEALTH AND OTHER STANDARDS FOR CENTER STAFF 10A NCAC 09 .0714 OTHER STAFFING REQUIREMENTS (a) Each child care center shall have an administrator on site on a regular basis. The administrator shall be responsible for monitoring the program and overseeing administrative duties of the center. This requirement may be met by having one or more persons on site who meet the requirements for an administrator according to the licensed capacity of the center. The following hourly requirements are based on an administrator's normal working schedule and may include times when the administrator may be off site due to administrative duties, illness, or vacation. (1) Each center with a licensed capacity of less than 30 children shall have an administrator on site for at least 20 hours per week. (2) Each center with a licensed capacity of 30 to 79 children shall have an administrator on site for at least 25 hours per week. (3) Each center with a licensed capacity of 80 to 199 children shall have an administrator on site for at least 30 hours per week. (4) Each center with a licensed capacity of 200 or more children shall have an administrator on site for at least 40 hours per week. (b) At least one person who meets the requirements for an administrator or lead teacher as set forth in this Section shall be on site during the center's operating hours except that a person who is at least 18 years old with at least a high school diploma or its equivalent and who has a minimum of one year's experience working with children in a child care center may be on duty at the beginning or end of the operating day provided that: (1) No more than 10 children are present. (2) The staff person has worked in that center for at least three months. (3) The staff person knows and can apply the center's operating policies and emergency procedures. (c) At least one person who meets the requirements for a lead teacher shall be responsible for each group of children as defined in Rule .0102 of this Subchapter Chapter except as provided in Paragraph (b) of this Rule. This requirement may be met by having one or more persons who meet the requirements for a lead teacher responsible for the same group of children. Each lead teacher shall be responsible for only one group of children at a time. Each group of children shall have a lead teacher in attendance for at least two-thirds of the total daily hours of operation, based on a normal working schedule and may include times when the lead teacher may not be in attendance due to circumstances such as illness or vacation. (d) A teacher is a person who is responsible to the lead teacher and assists with planning and implementing the daily program. (e) No aide or aides shall have responsibility for a group of children except as provided in Paragraph (b) of this Rule. (f) Children shall be adequately supervised at all times. Adequate supervision shall mean that that: staff interact with the children while moving about the indoor or outdoor area, and are able to hear and see the children at all times, except when emergencies necessitate that direct supervision is impossible for brief periods of time. (1) Staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render immediate assistance; (2) Staff must interact with the children while moving about the indoor or outdoor area; (3) Staff must know where each child is located and be aware of children's activities at all times; PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1072 (4) Staff must provide supervision appropriate to the individual age, needs and capabilities of each child; and (5) All of the conditions in this Paragraph shall apply except when emergencies necessitate that direct supervision is impossible for brief periods of time. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. (g) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability," as defined by G.S. 168A-3(9), or a "qualified individual with a disability," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility. (g)(h) For groups of children aged two years or older, the staff/child ratio during nap time is considered in compliance if at least one person is either in each room or is visually supervising all the children and if the total number of required staff are on the premises and within calling distance of the rooms occupied by children. (h)(i) When a child is sleeping, bedding or other objects shall not be placed in a manner that covers the child's face. Authority G.S. 110-85(1); 110-91(7),(8); 143B-168.3. SECTION .0900 - NUTRITION STANDARDS 10A NCAC 09 .0901 GENERAL NUTRITION REQUIREMENTS (a) Meals and snacks served to children in a child care center shall comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food, number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102(1) of this Chapter. (b) Menus for nutritious meals and snacks shall be planned at least one week in advance. At least one dated copy of the current week's menu shall be posted where it can be seen easily by parents and food preparation staff when food is prepared or provided by the center, except in centers with a licensed capacity of 3 to 12 children located in a residence. A variety of food shall be included in meals and snacks. Any substitution shall be of comparable food value and shall be recorded on the menu. (c) Children ages two years and older shall be served either skim or low fat milk. (c)(d) When children bring their own food for meals or snacks to the center, if the food does not meet the nutritional requirements specified in Paragraph (a) of this Rule, the center must provide additional food necessary to meet those requirements. Food brought from home may reflect cultural and ethnic preferences, such as a vegetarian diet. (d)(e) Drinking water must be freely available to children of all ages. Drinking fountains or individual drinking utensils shall be provided. When a private water supply is used, it must be tested by and meet the requirements of the Commission for Public Health. (e)(f) Children's special diets or food allergies shall be posted in the food preparation area and in the child's eating area. (f)(g) The food required by special diets for medical, religious or cultural reasons, may be provided by the center or may be brought to the center by the parents. If the diet is prescribed by a health care professional, a statement signed by the health care professional shall be on file at the center and written instructions shall be provided by the child's parent, health care professional, or a licensed dietician/nutritionist. If the diet is not prescribed by a health care professional, written instructions shall be provided by the child's parent and shall be on file at the center. (g)(h) Food and beverages with little or no nutritional value served as a snack, such as cookies, chips, donuts, sweets, fruit drinks, soft drinks, etc., shall be available only for special occasions. (i) Children shall not be served flavored milk or sugary drinks, including Kool-Aid, fruit drinks, sports drinks, sweet tea and soda. No more than 6 ounces of 100 percent fruit juice shall be offered per day. (j) Staff shall role model appropriate eating behaviors by not consuming foods or beverages with little or no nutritional value in the presence of children in care. (h)(k) Parents shall be allowed to provide breast milk for their children. Accommodations for breastfeeding mothers shall be provided that include seating and an electrical outlet in a place other than a bathroom that is shielded from view by staff and the public which may be used by mothers while they are breastfeeding or expressing milk. Authority G.S. 110-85; 110-91(2); 143B-168.3. 10A NCAC 09 .0902 GENERAL NUTRITION REQUIREMENTS FOR INFANTS (a) The parent or health care provider of each child under 15 months of age shall provide the center an individual written feeding schedule for the child. This schedule must be followed at the center. This schedule must include the child's name, be signed by the parent or health care provider, and be dated when received by the center. Each infant's schedule shall be modified in consultation, with the child's parent and/ or health care provider, to reflect changes in the child's needs as he or she develops. The feeding instructions for each infant shall be posted for quick reference by the caregivers, except in centers licensed for three to 12 children located in a residence. (b) Each infant will be held for bottle feeding until able to hold his or her own bottle. Bottles will not be propped. Each child will be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (c) Infants shall not be served juice in a bottle without a prescription or written statement on file from a health care professional or licensed dietician/nutritionist. Authority G.S. 110-85; 110-91(2); 143B-168.3. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1073 SECTION .1500 - TEMPORARY CARE REQUIREMENTS 10A NCAC 09 .1501 SCOPE The regulations in this Section apply to centers offering temporary care exclusively and to the temporary care component of any other licensed child care center. All regulations in this Subchapter pertaining to full-time child care shall apply to temporary care arrangements, as defined in Rule .0102 of this Subchapter, except as provided in this Section. Authority G.S. 110-91; 143B-168.3. 10A NCAC 09 .1502 MEDICAL EXAMINATION A medical examination report shall not be required for any child who receives only drop-in care, as defined in Rule .0102 of this Subchapter, or for any school-aged child who receives before/after-school care only. Authority G.S. 110-91(1); 143B-168.3. 10A NCAC 09 .1503 BEDS, COTS, MATS AND LINENS (a) Neither a bed, cot, or mat and linen shall be required for any school-aged child who receives either before or after-school care or both, or seasonal care only. (b) When drop-in care is provided in combination with other types of care, a bed, cot, or mat must be provided for each preschool-aged child present during rest time. (c) Beds, cots, or mats do not have to be assigned to, or labeled for, each individual child. (d) Each bed, cot, or mat must be sanitized, in a manner approved by the local health department, after being used by one child and before being used by a different child. Authority G.S. 110-91(1); 143B-168.3. 10A NCAC 09 .1504 ATTENDANCE RECORDS Accurate daily records showing the arrival and departure times of each child receiving drop-in care shall be kept. When drop-in care is provided in combination with other types of care, the daily attendance records of children in the drop-in component shall be maintained separately from the attendance records of children in other components. Authority G.S. 110-91(9); 143B-168.3. 10A NCAC 09 .1506 OUTDOOR PLAY AREA If a child care center provides part-time or drop-in care exclusively, the center may choose to provide 35 square feet per child of indoor space in lieu of the outdoor play area as long as no child remains in care for more than a four-hour period per day. Authority G.S. 110-91; 143B-168.3. SECTION .1700 - FAMILY CHILD CARE HOME REQUIREMENTS 10A NCAC 09 .1702 APPLICATION FOR A LICENSE FOR A FAMILY CHILD CARE HOME (a) Any person who plans to operate a family child care home shall apply for a license using a form provided by the Division. The applicant shall submit the completed application, which complies with the following, to the Division: (1) Only one licensed family child care home shall operate at the location address of any home. (2) The applicant shall list each location address where a licensed family child care home will operate. (b) When a family child care home will operate at more than one location address by cooperative arrangement among two or more families, the following procedures apply: (1) One parent whose home is used as a location address shall be designated the coordinating parent and shall co-sign the application with the applicant. (2) The coordinating parent shall know the current location address at all times and shall provide the information to the Division upon request. (c) The applicant shall assure that the structure in which the family child care home is located complies with the following requirements: (1) The structure complies with the North Carolina Building Code for family child care homes or has written approval for use as a family child care home by the local building inspector. (2) The structure meets North Carolina Residential Building Code or is a manufactured home bearing a third party inspection label certifying compliance with the Federal Manufactured Home Construction and Safety Standards or certifying compliance with construction standards adopted and enforced by the State of North Carolina. Homes shall be installed in accordance with North Carolina Manufactured/Mobile Home Regulations adopted by the NC Department of Insurance. Exception: Single wide manufactured homes are limited to a maximum of three preschool-age children (not more than two may be two years of age or less) and two school-age children. (3) All children are kept on the ground level with an exit at grade. (4) All homes are equipped with an electrically operated (with a battery backup) smoke detector, or one electrically operated and one battery operated smoke detector located next to each other. (5) All homes are provided with at least one five pound 2-A: 10-B: C type extinguisher readily accessible for every 2,500 square feet of floor area. (6) Fuel burning space heaters, fireplaces and floor furnaces which are listed and approved by the Department of Insurance for that PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1074 installation and are provided with a protective screen attached securely to supports are allowed. Unvented fuel burning heaters and portable electric space heaters of all types are prohibited. (7) All indoor areas used by children are heated when the temperature is below 65 degrees and ventilated when the temperature is above 85 degrees. (8) Hot pipes or radiators which are hot enough to be capable of burning children and are accessible to the children are covered or insulated. (9) Accommodations for breastfeeding mothers are provided that include seating and an electrical outlet, in a place other than a bathroom, that is shielded from view by staff and the public, which may be used by mothers while they are breastfeeding or expressing milk. (d) The applicant shall also submit supporting documentation with the application for a license to the Division. The supporting documentation shall include: (1) a copy of the certified criminal history check from the Clerk of Superior Court's office in the county or counties where the applicant and any household member(s) over age 15, have resided during the previous 12 months; (2) a copy of documentation of completion of a first aid and cardiopulmonary resuscitation (CPR) course; (3) proof of negative results of the applicant's tuberculosis test completed within the past 12 months; (4) a completed health questionnaire; (5) a copy of current pet vaccinations for any pet in the home; (6) a negative well water bacteriological analysis if the home has a private well; (7) copies of any inspections required by local ordinances; and (8) any other documentation required by the Division according to the rules in this Section to support the issuance of a license. (e) Upon receipt of a complete application and supporting documentation, a Division representative shall make an announced visit to each home unless the applicant meets the criteria in Paragraph (g) of this Rule to determine compliance with the requirements, to offer technical assistance when needed, and to provide information about local resources. The issuance of a license applies as follows: (1) If all applicable requirements of G.S. 110 and this Section are met, a license shall be issued; (2) If the applicable requirements are not met but the applicant has the potential to comply, the Division representative shall establish with the applicant a time period for the home to achieve compliance. If the Division representative determines that all applicable requirements are met within the established time period, a license shall be issued; or (3) If all applicable requirements are not met or cannot be met within the established time, the Division shall deny the application. Final disposition of the recommendation to deny is the decision of the Division. (f) The Division shall allow the applicant to temporarily operate prior to the Division representative's visit described in Paragraph (e) of this Rule when the applicant is currently licensed as a family child care home operator, needs to relocate, and notifies the Division of the relocation; and the Division representative is unable to visit before the relocation occurs. A person shall not operate until he or she has received from the Division either temporary permission to operate or a license. (g) When a person applies for a family child care home license, the Secretary may deny the application for the license under the following circumstances: (1) if any child care facility license previously held by that person has been denied, revoked or summarily suspended by the Division; (2) if the Division has initiated denial, revocation or summary suspension proceedings against any child care facility license previously held by that person and the person voluntarily relinquished the license; (3) during the pendency of an appeal of a denial, revocation or summary suspension of any child care facility license previously held by that person; (4) if the Division determines that the applicant has a relationship with an operator or former operator who previously held a license under an administrative action described in Subparagraph (g)(1), (2), or (3) of this Rule. As used in this Rule, an applicant has a relationship with a former operator if the former operator would be involved with the applicant's child care facility in one or more of the following ways: (A) would participate in the administration or operation of the facility; (B) has a financial interest in the operation of the facility; (C) provides care to the children at the facility; (D) resides in the facility; or (E) would be on the facility's board of directors, be a partner of the corporation, or otherwise have responsibility for the administration of the business; (5) based on the person's previous non-compliance as an operator with the requirements of G.S. 110 and this Chapter; or (6) if abuse or neglect has been substantiated against the person, or if abuse or neglect was substantiated against a household member. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1075 (h) In determining whether denial of the application for a license is warranted pursuant to Paragraph (g) of this Rule, the Division shall consider: (1) any documentation provided by the applicant which describes the steps the applicant will take to prevent reoccurrence of noncompliance issues which led to any prior administrative action taken against a license previously held by the applicant; (2) training certificates or original transcripts from a nationally recognized regionally accredited institution of higher learning related to providing quality child care for any coursework, and which were taken subsequent to any prior administrative action taken against a license previously held by the applicant. Nationally recognized means that every state in this nation acknowledges the validity of the coursework taken at higher education institutions that meet the requirements of one of the six regional accrediting bodies; (3) proof of employment in a licensed child care facility and references from the administrator or licensee of the child care facility regarding work performance; (4) documentation of collaboration or mentorship with a licensed child care provider to obtain additional knowledge and experience related to operation of a child care facility; and (5) documentation explaining relationships with persons meeting the criteria listed in Subparagraph (g)(4) of this Rule. (i) The license shall not be bought, sold, or transferred from one individual to another. (j) The license is valid only for the location address listed on it. (k) The license must be returned to the Division in the event of termination, revocation, suspension, or summary suspension. (l) The license shall be displayed in a prominent place that parents are able to view daily and shall be shown to each child's parent when the child is enrolled. (m) A licensee shall notify the Division whenever a change occurs which affects the information shown on the license. Authority G.S. 110-85; 110-88(5); 110-91; 110-93; 110-99; 143B-168.3. 10A NCAC 09 .1706 NUTRITION STANDARDS (a) Meals and snacks served to children in a Family Child Care Home shall comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food, number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102(1) of this Chapter. (b) When children bring their own food for meals and snacks to the program, if the food does not meet the nutritional requirements specified in Paragraph (a) of this Rule, the operator must provide the additional food necessary to meet those requirements. Food brought from home may reflect cultural and ethnic foods, such as vegetarian preferences. (c) The food required by special diets for medical, religious or cultural reasons, may be provided by the operator or may be brought to the program by the parents. If the diet is prescribed by a health care professional, a statement signed by the health care professional shall be on file at the program and written instructions must be provided by the child's parent, health care professional or a licensed dietician/nutritionist. If the diet is not prescribed by a health care professional, written instructions shall be provided by the child's parent and shall be on file at the program. (d) Food with little or no nutritional value served as snack, such as cookies, chips, donuts; etc. shall be available only for special occasions. (e) For children ages 24 months and older a meal or snack must be provided at least every four hours. (f) The parent or health care professional of each child under 15 months of age shall provide the operator an individual written feeding schedule for the child. This schedule shall be followed at the home. This schedule shall include the child's name, be signed by the parent or health care professional, and be dated when received by the operator. Each infant's schedule shall be modified in consultation with the child's parent or health care professional to reflect changes in the child's needs as he or she develops. (g) Parents shall be allowed to provide breast milk for their children. Accommodations for breastfeeding mothers are provided that include seating and an electrical outlet, in a place other than a bathroom, that is shielded from view by staff and the public, which may be used by mothers while they are breastfeeding or expressing milk. (h) Each infant shall be held for bottle feeding until able to hold his or her own bottle. Bottles shall not be propped. Each child shall be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (i) Any formula which is prepared by the operator shall be prepared according to the instructions on the formula package or label, or according to written instructions from the child's health care professional. (j) Infants shall not be served juice in a bottle without a prescription or written statement on file from a health care professional or licensed dietician/nutritionist. (k) Drinking water must be freely available and offered to children on a frequent basis. (l) When milk, milk products, or fruit juices are provided by the operator, only pasteurized products or products which have undergone an equivalent process to pasteurization shall be used. (m) Children ages two years and older shall be served either skim or low fat milk. (n) Children shall not be served flavored milk or sugary drinks, including Kool-Aid, fruit drinks, sports drinks, sweet tea and PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1076 soda. No more than 6 ounces of 100 percent fruit juice shall be offered per day. Authority G.S. 110-85; 110-91(2); 143B-168.3. 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The operator shall provide the following on a daily basis for all children in care: (1) Meals and snacks which comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food and number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102 of this Chapter; (2) A meal or snack at least every four hours; (3) Drinking water freely available to children; (4)(1) Developmentally appropriate equipment and materials for a variety of outdoor activities which allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. Each child shall have the opportunity for outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; (5)(2) An individual sleeping space such as a bed, crib, play pen, cot, mat, or sleeping bag with individual linens for each pre-school aged child in care for four hours or more, or for all children if overnight care is provided, to rest comfortably. Individual sleep requirements for infants aged 12 months or younger shall be provided for as specified in 10A NCAC 09 .1724(a)(2). Linens shall be changed weekly or whenever they become soiled or wet; (6)(3) A quiet, separate area which can be easily supervised for children too sick to remain with other children. Parents shall be notified immediately if their child becomes too sick to remain in care; (7)(4) Adequate supervision as described below: (A) For children who are awake, staff shall interact with the children while moving about the indoor or outdoor area, and shall be able to hear and see the children at all times, except when emergencies necessitate that direct supervision is impossible for brief periods of time; and (B) For children who are sleeping or napping, the staff are not required to visually supervise them, but shall be able to hear and respond quickly to them. Children shall not sleep or nap in a room with a closed door between the children and the supervising staff. The staff shall be on the same level of the home where children are sleeping or napping. (8)(5) A safe sleep environment by ensuring that when a child is sleeping or napping, bedding or other objects shall not be placed in a manner that covers the child's face; (9)(6) The opportunity each day for each child under the age of 12 months to play while awake while positioned on his or her stomach; (10)(7) Developmentally appropriate activities as planned on a written schedule. Materials or equipment shall be available indoors and outdoors to support the activities listed on the written schedule. The written schedule shall: (A) Show blocks of time usually assigned to types of activities and include periods of time for both active play and quiet play or rest; (B) Be displayed in a place where parents are able to view; (C) Reflect daily opportunities for both free choice and guided activities; (D) Include a minimum of one hour of outdoor play throughout the day, if weather conditions permit; and (E) Include a daily gross motor activity which may occur indoors or outdoors; and (11)(8) When screen time, including videos, video games, and computer usage, is provided, it shall be: (A) Offered only as a free choice activity, (B) Used to meet a developmental goal, and (C) Limited to no more than two and a half hours per week for each child two years of age and older. Usage time periods may be extended for specific special events, projects, occasions such as a current event, homework, on-site computer classes, holiday; and birthday celebration. Screen time is prohibited for children under the age of two years. The operator shall offer alternate activities for children under the age of two years. (b) When milk, milk products, or fruit juices are provided by the operator, only pasteurized products or products which have undergone an equivalent process to pasteurization shall be used. Any formula which is prepared by the operator shall be prepared according to the instructions on the formula package or label, or PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1077 according to written instructions from the child's health care professional. (c) Each infant shall be held for bottle feeding until able to hold his or her own bottle. Bottles shall not be propped. Each child shall be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (d) The parent or health care professional of each child under 15 months of age shall provide the operator an individual written feeding schedule for the child. This schedule shall be followed at the home. This schedule shall include the child's name, be signed by the parent or health care professional, and be dated when received by the operator. Each infant's schedule shall be modified in consultation with the child's parent or health care professional to reflect changes in the child's needs as he or she develops. Authority G.S. 110-85; 110-88; 110-91(2),(12). * * * * * * * * * * * * * * * * * * * * Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Medical Care Commission intends to amend the rules cited as 10A NCAC 13D .2101, .2209, .2304, .2308, .2605- .2607, .2701 and repeal the rule cited as 10A NCAC 13D .2110. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dhsr/ruleactions.html Proposed Effective Date: June 1, 2012 Public Hearing: Date: March 21, 2012 Time: 10:00 a.m. Location: NC Division of Health Service Regulation, Lineberger Building, Room 134, Dorothea Dix Campus, 1205 Umstead Drive, Raleigh, NC 27603 Reason for Proposed Action: In response to Executive Order 70, the purpose for the proposed rule amendments is to simplify and clarify current rule language, update reference names and addresses in rules, update rule authority in history notes, and add web site addresses to rules. In addition, the purpose of the repeal of one rule is that compliance is achieved through Public Records Law (G.S. Chapter 132), rendering this rule redundant. Procedure by which a person can object to the agency on a proposed rule: An individual may object to the agency on the proposed rule by submitting written comments on the proposed rule. They may also object by attending the public hearing and personally voice their objections during that time. Comments may be submitted to: Megan Lamphere, Division of Health Service Regulation, 2708 Mail Service Center, Raleigh, NC 27699-2708; fax (919) 733-9379; email DHSR.RulesCoordinator@dhhs.nc.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 13 - NC MEDICAL CARE COMMISSION SUBCHAPTER 13D - RULES FOR THE LICENSING OF NURSING HOMES SECTION .2100 - LICENSURE 10A NCAC 13D .2101 APPLICATION REQUIREMENTS (a) An A legal entity shall submit an application for licensure for a new facility shall be submitted to the Nursing Home Licensure and Certification Section of the Division of Health Service Regulation at least 30 days prior to a license being issued or patients admitted. (b) The application shall contain the following: (1) legal identity of applicant (licensee) and mailing address; (2) name or names under which the facility is presented to the public; (3) location and mailing address of facility; (4) ownership disclosure; (5) accreditation data; (6)(5) bed complement; (7)(6) magnitude and scope of services offered; (8)(7) name and current license number of the administrator; and (9)(8) name and current license number of the director of nursing. nursing; and (9) name and current license number of the medical director. Authority G.S. 131E-102; 131E-104. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1078 10A NCAC 13D .2110 PUBLIC ACCESS TO DEPARTMENT LICENSURE RECORDS (a) All Department files pertaining to the licensure of any facility under this Subchapter shall be open for inspection by any member of the public during normal business hours. The Department shall have an opportunity to ensure that none of the information identified in Paragraph (b) of this Rule will be disclosed during the inspection. Except for information identified in Paragraph (b) of this Rule, any member of the public may obtain copies of any information contained in the Department licensure files in accordance with Division of Health Service Regulation Directive 30, Publication Guidelines, which is incorporated by reference, including subsequent amendments. A copy of the directive may be obtained, without charge, from the Licensure and Certification Section, Division of Health Service Regulation, 2711 Mail Service Center, Raleigh, NC 27699-2711. (b) Unless disclosure is ordered by a court of competent jurisdiction, the following classes of information shall not be disclosed to members of the public: (1) information about the diagnosis, prognosis, treatment, or any other confidential medical information under G.S. 8-53, regarding a named person, unless that person consents in writing to the disclosure; (2) the name of any person who provided information concerning a facility licensed under this Subchapter, or registered a complaint about the treatment of a patient unless that person consents to the disclosure; (3) information identifying any person as a recipient of public assistance or social services, unless that person consents to the disclosure; and (4) any confidential communication between the attorney for the Department and the Department. (c) When documents in the file contain only confidential information of the types identified in Paragraph (b) of this Rule, then they shall be removed from the file before inspection. If a document contains both information of those types identified in Paragraph (b) of this Rule and non-confidential information, then the Department will provide for inspection a copy of the document from which the confidential information is deleted, in lieu of the original document. Authority G.S. 8-53; 108A-80; 131E-104; 131E-124(c); 132-1.1. SECTION .2200 - GENERAL STANDARDS OF ADMINISTRATION 10A NCAC 13D .2209 INFECTION CONTROL (a) The A facility shall establish and maintain an infection control program for the purpose of providing a safe, clean and comfortable environment and preventing the transmission of diseases and infection. (b) Under the infection control program, the facility shall decide what procedures, such as isolation techniques, are needed for individual patients, investigate episodes of infection and attempt to control and prevent infections in the facility. (c) The facility shall maintain records of infections and of the corrective actions taken. (d) The facility shall ensure communicable disease screening, testing including tuberculosis, as required by 10A NCAC 41A, "Communicable Disease Control" which is incorporated by reference, including subsequent amendments. Copies of these Rules may be obtained at no charge by contacting the N.C. Department of Health and Human Services, Division of Public Health, Tuberculosis Control Branch, 1902 Mail Service Center, Raleigh, North Carolina 27699-1902. Screening shall be done upon prior to admission of all patients being admitted from settings other than hospitals, nursing facilities or combination facilities; facilities. prior to or upon admission for all patients admitted from hospitals, nursing facilities and combination facilities; and Staff shall be screened within seven days upon the hiring of all staff. of the hire date. The facility shall ensure tuberculosis screening annually thereafter for patients and staff staff. as required by 10A NCAC 41A, "Communicable Disease Control" which is incorporated by reference, including subsequent amendments. Copies of these Rules may be obtained at no charge by contacting the N.C. Department of Health and Human Services, Division of Public Health, Tuberculosis Control Branch, 1902 Mail Service Center, Raleigh, North Carolina 27699-1902. Identification of a communicable disease does not, in all cases, in and of itself, preclude admission to the facility. (e) All cases of reportable disease as defined by 10A NCAC 41A "Communicable Disease Control" and epidemic outbreaks, and poisonings outbreaks consisting of two or more linked cases of disease transmission shall be reported immediately to the local health department. (f) The facility shall isolate use isolation precautions for any patient deemed appropriate by the its infection control program. program and as recommended by the following Centers for Disease Control guidelines, Management of Multidrug-Resistant Organisms In Healthcare Settings, 2006, http://www.cdc.gov/ncidod/dhqp/pdf/ar/MDROGuideline2006.p df and 2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings, http://www.cdc.gov/hicpac/2007ip/2007isolationprecautions.htm l. (g) The facility shall prohibit any employee with a communicable disease or infected skin lesion from direct contact with patients or their food, if direct contact is the mode of transmission of the disease. (h) The facility shall require all staff to use good hand washing technique as indicated in the Centers for Disease Control and Prevention "Guidelines for Hand Washing in Hospital Environmental Control," as published by the U.S. Department of Health and Human Services, Public Health Service which is incorporated by reference, including subsequent amendments. Copies may be purchased from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield , Virginia, 22161 for fifteen dollars and 95 cents ($15.95). Control, "Guideline for Hand Hygiene in Health-Care Settings, Recommendations of the Healthcare Infection Control Practices Advisory Committee and the PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1079 HICPAC/SHEA/APIC/IDSA Hand Hygiene Task Force." This information can be accessed at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5116a1.htm. (i) All linen shall be handled, store, processed and transported so as to prevent the spread of infection. Authority G.S. 131E-104; 131E-113. SECTION .2300 - PATIENT AND RESIDENT CARE AND SERVICES 10A NCAC 13D .2304 NURSE AIDES (a) The A facility shall employ or contract individuals as nurse aides in compliance with N.C. General Statute 131E, Article 15 and facilities certified for Medicare or Medicaid participation shall also comply with 42 CFR Part 483 which is incorporated by reference, including subsequent amendments. Copies of the The Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15202-7954 for thirty eight dollars ($38.00) and may be purchased with a credit card by a direct telephone call to the G.P.O. at (202) 512-1800. accessed at http://www.access.gpo.gov/nara/cfr/waisidx_08/42cfr483_08. (b) The A facility shall provide to the Department, upon request, verification of in-service training and of past or present employment of any nurse aide employed by the facility. Authority G.S. 131E-104; 131E-255; 143B-165; 42 U.S.C. 1395; 42 U.S.C. 1396. 10A NCAC 13D .2308 ADULT CARE HOME PERSONNEL REQUIREMENTS (a) The administrator of a combination home shall designate a person to be in charge of the adult care home residents at all times. The nurse-in-charge of the nursing facility may also serve as supervisor-in-charge of the domiciliary beds. (b) If adult care home beds are located in a separate building or a separate level of the same building, there shall be a person on duty in the adult care home portion of the facility at all times. (c) The facility shall comply with all rules in Subchapter 10A NCAC 13F, Licensing of Homes for the Aged and Infirm, which is incorporated by reference, including all subsequent amendments. Copies of these Rules can be obtained free of charge from the Division of Health Service Regulation, Adult Care Licensure Section, 2708 Mail Service Center, Raleigh, NC 27699-2708. Authority G.S. 131E-104. SECTION .2600 - PHARMACEUTICAL SERVICES 10A NCAC 13D .2605 DRUG STORAGE AND DISPOSITION (a) The pharmacist and director of nursing A facility shall ensure that drug storage areas are clean, secure, well lighted and well ventilated; that room temperature is maintained between 59 degrees F. and 86 degrees F.; and that the following conditions are met: (1) All drugs shall be maintained under locked security except when under the immediate or direct physical supervision of a nurse or pharmacist. (2) Drugs requiring refrigeration shall be stored in a refrigerator containing a thermometer and capable of maintaining a temperature range of 2 degrees C. to 8 degrees C. (36 degrees F. to 46 degrees F.) Drugs shall not be stored in a refrigerator containing non-drugs and non-drug related items, except when stored in a separate container. (3) Drugs intended for topical use, except for ophthalmic, otic and transdermal medications, shall be stored in a designated an area separate from the drugs intended for oral and injectable use. (4) Drugs that are outdated, discontinued or deteriorated shall be removed from the facility within five days. (b) Upon discontinuation of a drug or upon discharge of a patient, the remainder of the drug supply shall be disposed of promptly. according to the facility's policy. If it is reasonably expected that the patient shall will return to the facility and that the drug therapy will be resumed, the remaining drug supply may be held for not more than 30 calendar days after the date of discharge or discontinuation. (c) The disposition of drugs shall be in accordance with written policies and procedures established by the Quality Assurance Committee. (d) Destruction of controlled substances shall be in compliance with Disposal of Unused Controlled Substances From Nursing Home as described in North Carolina Controlled Substance Act and Regulations (10A NCAC 26E .0406) 10A NCAC 26E .0406, which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. 10A NCAC 13D .2606 PHARMACEUTICAL RECORDS (a) The pharmacist A facility shall ensure that accurate records of the receipt, use and disposition of drugs are maintained and readily available. (b) The director of nursing and pharmacist A facility shall ensure accountability of controlled substances as defined by the Disposal of Unused Controlled Substances From Nursing Home as described in North Carolina Controlled Substance Act and Regulations (10A NCAC 26E .0406) 10A NCAC 26E .0406, which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1080 ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. 10A NCAC 13D .2607 EMERGENCY DRUGS (a) The A facility shall maintain a supply of emergency drugs in compliance with 21 NCAC 46 .1403 10A NCAC 26E .0408 which is hereby incorporated by reference including subsequent amendments. Copies of the rule may be obtained from the North Carolina Board of Pharmacy, P.O. Box 459, Carrboro Plaza, Highway 54 Bypass, Carrboro, North Carolina 27510 at a cost of eight dollars and forty eight cents ($8.48). This Rule can be accessed online at http://reports.oah.state.nc.us/ncac.asp. (b) Emergency drugs shall be stored in a portable container sealed with an easily breakable closure which cannot be resealed or reused and shall be readily accessible for use. (c) Emergency drug kits shall be stored in a secure area locked storage cabinet or room out of site sight of patients and the general public. If stored in a locked area the kits shall be immediately accessible to all licensed nursing personnel. (d) All emergency drugs and quantity to be maintained shall be approved by the Quality Assurance Committee. Committee as defined in 10A NCAC 13D .2212. (e) If emergency drug items require refrigerated storage, they shall be stored in a separate sealed container within the medication refrigerator. The container shall be labeled to indicate the emergency status of the enclosed drug and sealed as indicated in Paragraph (b) of this Rule. (f) An accurate inventory of emergency drugs and supplies shall be maintained with each emergency drug kit. (g) The pharmacist A facility shall personally examine the refrigerated and non-refrigerated emergency drug supply at least every 90 days and make any necessary changes at that time. (h) The facility shall have written policies and procedures which are enforced to ensure that in the event the sealed emergency drug container is opened and contents utilized, immediate steps are taken to replace the items used. (i) The availability of a controlled substance in an emergency kit shall be in compliance with the North Carolina Controlled Substances Act and Regulations (10A NCAC 26E) which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. SECTION .2700 - DIETARY SERVICES 10A NCAC 13D .2701 PROVISION OF NUTRITION AND DIETETIC SERVICES (a) The A facility shall ensure that each patient is provided with a palatable diet that meets his or her daily nutritional and specialized nutritional needs. (b) The facility shall designate a person to be known as the director of food service who shall be responsible for the facility's dietetic service and for supervision of dietetic service personnel. If this person is not a dietitian, licensed dietitian/nutritionist or a registered dietitian with the Commission on Dietetic Registration, he or she shall meet the criteria for membership in the Dietary Managers Association which is hereby incorporated by reference including subsequent amendments and editions. Copies of criteria may be obtained from the Dietary Managers Association, 406 Surry Woods Drive, St. Charles , IL 60174 at no cost. or it can be accessed online at www.DMAonline.org. If the course has not been completed, this person shall be enrolled in a course and making satisfactory progress for completion within the time limit specified by course requirements. a Certified Dietary Manager who is certified by the Certifying Board of the Dietary Managers, Dietetic Technician Registered, who is registered by the Commission on Dietetic Registration of the American Dietetic Association, or an individual who has met the academic requirements as referenced in G.S. 90-357(3)b.1., c.1. and d., then the person shall enroll in a course of study to obtain these qualifications and make satisfactory progress for completion within the time limit specified by course requirements. (c) If the food service supervisor is not a dietitian, the facility shall employ a licensed dietitian/nutritionist dietitian on at least a consultant basis. The consultant shall submit written reports of clinical and food service operation recommendations to the administrator and food service supervisor. (d) The dietitian shall spend sufficient time in the facility to assure the following parameters of nutrition have been addressed and that recommended successful interventions by the facility have been met: (1) An analysis of weight loss or gain; (2) Laboratory values; (3) Clinical indicators of malnutrition; (4) Drug therapy that may contribute to nutritional deficiencies; (5) The amount of meal and supplement consumed to meet nutritional needs; (6) Increased nutritional needs related to disease state or deterioration in physical or mental status, i.e., decubitus, low protein status, inadequate intake, or nutrition provided via enteral or parenteral route. (e) There shall be sufficient dietetic personnel employed competent to meet the nutritional needs of all patients in the areas of therapeutic diets, food preparation and service, principles of sanitation, and resident's rights as related to food services. (f) The facility shall ensure that menus are followed which meet the nutritional needs of patients in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences which are incorporated by reference, including subsequent amendments. Copies of this publication can may be obtained by contacting The National Academy Press, 2101 Constitution Avenue N.W., Lockbox 285, Washington, D.C., 20055. 500 Fifth St. N.W., Washington, D.C. 20001 or accessing it at http://www.nap.edu/catalog.php?record_id=1349. Cost of PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1081 this publication is eighteen dollars and ninety five cents ($18.95) and includes shipping and handling. Menus shall: (1) be planned at least 14 days in advance, (2) provide for substitutes of similar nutritive value for patients who refuse food that is served, and (3) be provided to patients orally or written through such methods as posting, posting and daily announcements, periodic newsletters, etc. announcements. (g) Food must be prepared to conserve its nutritive value and appearance. (h) Food shall be served at the preferred temperature as discerned by the resident and customary practice, in a form to meet the patient's individual needs and with assistive devices as dictated by the patient's needs. Hot foods shall leave the kitchen (or steam table) above 140 135 degrees F; and cold foods below 41 degrees F; F. and freezer temperatures at 0 degrees F or below. The freezer must keep frozen foods frozen solid. (i) If patients require assistance in eating, food shall be maintained at the appropriate temperature until assistance is provided. (j) All diets, including enteral and parenteral nutrition therapy, shall be as ordered by the physician or other legally authorized person, and served as ordered. (k) At least three meals shall be served daily to all patients in accordance with medical orders. (l) No more than 14 hours shall elapse between an evening meal containing a protein food and a morning meal containing a protein food. (m) Hour-of-sleep (hs) nourishment shall be available to patients upon request or in accordance with nutritional plans. (n) Between meal fluids for hydration shall be available and offered to all patients in accordance with medical orders. (o) The facility shall have a current online or hard copy nutrition care manual or handbook approved by the dietitian, medical staff and the Administrator which shall be used in the planning of the regular and therapeutic diets and be accessible to all staff. (p) Food services shall comply with Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments (15A NCAC 18A .1300) as promulgated by the Commission for Public Health which is are incorporated by reference, including subsequent amendments, assuring storage, preparation, and serving of food under sanitary conditions. Copies of these Rules can be obtained, at no charge, by contacting the N.C. Department of Environment and Natural Resources, Division of Environmental Health Services, 1630 Mail Service Center, Raleigh, NC 27699-1630. accessed online at http://www.deh.enr.state.nc.us/rules.htm. Authority G.S. 90-368(4); 131E-104. TITLE 12 – DEPARTMENT OF JUSTICE Notice is hereby given in accordance with G.S. 150B-21.2 that the Criminal Justice Education and Training Standards Commission intends to amend the rules cited as 12 NCAC 09B .0106, .0203, .0305; 09D .0102, .0202; 09E .0102, .0105; and 09G .0206, .0309, .0311, .0602. Link to agency website pursuant to G.S. 150B-19.1(c): http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and- Standards/Criminal-Justice-Education-and-Training- Standards/Forms-and-Publications.aspx Proposed Effective Date: May 1, 2012 Public Hearing: Date: February 23, 2012 Time: 1:00 p.m. Location: Wake Technical Community College, Public Safety Education Campus, 321 Chapanoke Rd., Raleigh, NC 27603 Reason for Proposed Action: 12 NCAC 09B .0106 – Amended to clarify what constitutes a passing score on the GED exam. 12 NCAC 09B .0203 – Amended to exempt partial enrollees who hold general law enforcement certification or who have held general certification within 12 months prior to the date of enrollment in a BLET course from being required to take a reading comprehension exam. 12 NCAC 09B .0305; 09G .0311 – Changes the requirement for instructors to recertify by removing the requirement for instructors to teach in an area of specialized instruction when such area was added to an existing instructor certification with less than 12 months left until the end of the instructor's certification period. 12 NCAC 09D .0102, .0202; 09G .0602 – The Commission wishes to prohibit an officer from receiving an award when the officer is "subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission." 12 NCAC 09E .0102, .0105 – The Commission has changed the required topics for annual In-Service training for law enforcement officers. The following topics have been removed: Career Survival: Leadership and Mentoring (4 hours); Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding (2 hours); and Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships (2 hours.). The following topics have been added: Career Survival: Social Networking and Digital Communications (4 hours); Juvenile Minority Sensitivity Training: Skills in Building Rapport (2 hours); Awareness of Issues Surrounding Returning Military Personnel (2 hours). 12 NCAC 09E .0105 – The Criminal Justice Standards Division has moved and the new physical address has been amended in the rule. 12 NCAC 09G .0206 – An error was made during the rule amendment process in 2009 resulting in the inadvertent omission of one line of text in the rule which stated that convicted felons could not be certified with the Department of Correction. The Commission wishes to reinstate the prohibition for certifying convicted felons. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1082 12 NCAC 09G .0309 – Amended to require a probationary instructor to teach 12 hours instead of 8 hours during the probationary period. This change is consistent with the requirement for other criminal justice instructors. Procedure by which a person can object to the agency on a proposed rule: The objection, reasons for the objection, and the clearly identified portion of the rule to which the objection pertains, must be submitted in writing to Teresa Marrella, Department of Justice, Criminal Justice Standards Division, P.O. Drawer 149, Raleigh, NC 27602. Comments may be submitted to: Teresa Marrella, Criminal Justice Standards Division, P.O. Drawer 149, Raleigh, NC 27602; phone (919) 661-5980; fax (919) 779-8210; email tmarrella@ncdoj.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS SUBCHAPTER 09B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING SECTION .0100 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT 12 NCAC 09B .0106 DOCUMENTATION OF EDUCATIONAL REQUIREMENTS (a) Each applicant for employment as a criminal justice officer shall furnish to the employing agency documentary evidence that the applicant has met the educational requirements for the criminal justice field of expected employment. (b) Documentary evidence of educational requirements shall consist of official transcripts of courses completed or diplomas received from a school which meets the approval guidelines of either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or comparable out-of-state agency. The Director of the Standards Division shall determine whether other types of documentation will be permitted in specific cases. High school diplomas earned through correspondence enrollment are not recognized toward these minimum educational requirements. (c) Documentary evidence of completion of having passed the General Educational Development Test shall be satisfied by a certified copy of GED test results results. showing a total score of not less than 225 points and a minimum score on any single test of 35 points. A certified copy of a military GED diploma may be used as alternate evidence of GED completion. Authority G.S. 17C-6; 17C-10. SECTION .0200 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOLS AND CRIMINAL JUSTICE TRAINING PROGRAMS OR COURSES OF INSTRUCTION 12 NCAC 09B .0203 ADMISSION OF TRAINEES (a) The school director shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who is not a citizen of the United States. (b) The school shall not admit any individual younger than 20 years of age as a trainee in any non-academic basic criminal justice training course. Individuals under 20 years of age may be granted authorization for early enrollment as trainees in a presentation of the Basic Law Enforcement Training Course with prior written approval from the Director of the Standards Division. The Director shall approve early enrollment as long as the individual turns 20 years of age prior to the date of the State Comprehensive Examination for the course. (c) The school shall give priority admission in certified criminal justice training courses to individuals holding full-time employment with criminal justice agencies. (d) The school shall not admit any individual as a trainee in a presentation of the "Criminal Justice Instructor Training Course" who does not meet the education and experience requirements for instructor certification under Rule .0302(1) of this Subchapter within 60 days of successful completion of the Instructor Training State Comprehensive Examination. (e) The school shall not admit an individual, including partial or limited enrollees, as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has taken the reading component of a nationally standardized test within one year prior to admission to Basic Law Enforcement Training and has scored at or above the tenth grade level, or the equivalent. A nationally standardized test is a test that: PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1083 (1) For the purpose of this Rule, partial or limited enrollee does not include enrollees who currently hold general certification or who have held general certification within 12 months prior to the date of enrollment. (2) A nationally standardized test is a test that: (1)(A) reports scores as national percentiles, stanines or grade equivalents; and (2)(B) compares student test results to a national norm. (f) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual has provided to the School Director a medical examination report, completed by a physician licensed to practice medicine in North Carolina, a physician's assistant, or a nurse practitioner, to determine the individual's fitness to perform the essential job functions of a criminal justice officer. The Director of the Standards Division shall grant an exception to this standard for a period of time not to exceed the commencement of the physical fitness topical area when failure to timely receive the medical examination report is not due to neglect on the part of the trainee. (g) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual is a high school graduate or has passed the General Educational Development Test indicating high school equivalency. High school diplomas earned through correspondence enrollment are not recognized toward the educational requirements. (h) The school shall not admit any individual trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual has provided the certified School Director a certified criminal record check for local and state records for the time period since the trainee has become an adult and from all locations where the trainee has resided since becoming an adult. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check will satisfy this requirement. (i) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who has been convicted of the following: (1) a felony; (2) a crime for which the punishment could have been imprisonment for more than two years; (3) a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of application for employment unless the individual intends to seek certification through the North Carolina Sheriffs' Education and Training Standards Commission; (4) four or more crimes or unlawful acts as defined as "Class B Misdemeanors" regardless of the date of conviction; (5) four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction occurred more than two years prior to the date of enrollment; (6) a combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction unless the individual intends to seek certification through the North Carolina Criminal Justice Education and Training Standards Commission. (j) Individuals charged with crimes as specified in Paragraph (i) of this Rule, and such offenses were dismissed or the person was found not guilty, may be admitted into the Basic Law Enforcement Training Course but completion of the Basic Law Enforcement Training Course does not ensure that certification as a law enforcement officer or justice officer through the North Carolina Criminal Justice Education and Training Standards Commission will be issued. Every individual who is admitted as a trainee in a presentation of the Basic Law Enforcement Training Course shall notify the School Director of all criminal offenses which the trainee is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of, and notify the School Director of all Domestic Violence Orders (G.S. 50B) which are issued by a judicial official that provide an opportunity for both parties to be present. This includes all criminal offenses except minor traffic offenses and specifically includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic offense is defined, for the purposes of this Paragraph, as an offense where the maximum punishment allowable by law is 60 days or less. Other offenses under G.S. 20 (Motor Vehicles) or other similar laws of other jurisdictions which shall be reported to the School Director include G.S. 20-139 (persons under influence of drugs), G.S. 20-28 (driving while license permanently revoked or permanently suspended), G.S. 20-30(5) (fictitious name or address in application for license or learner's permit), G.S. 20- 37.8 (fraudulent use of a fictitious name for a special identification card), G.S. 20-102.1 (false report of theft or conversion of a motor vehicle), G.S. 20-111(5) (fictitious name or address in application for registration), G.S. 20-130.1 (unlawful use of red or blue lights), G.S. 20-137.2 (operation of vehicles resembling law enforcement vehicles), G.S. 20-141.3 (unlawful racing on streets and highways), G.S. 20-141.5 (speeding to elude arrest), and G.S. 20-166 (duty to stop in event of accident). The notifications required under this Paragraph must be in writing, must specify the nature of the offense, the court in which the case was handled, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order (G.S. 50B), the final disposition, and the date thereof. The notifications required under this Paragraph must be received by the School Director within 30 days of the date the case was disposed of in court. The requirements of this Paragraph are applicable at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course. The requirements of this Paragraph are in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101(8). Authority G.S. 17C-6; 17C-10. SECTION .0300 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE INSTRUCTORS PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1084 12 NCAC 09B .0305 TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification, except as set out in (d). The applicant must apply for certification as a specialized instructor within 60 days from the date of completion of a specialized instructor course. (b) The terms of certification as a specialized instructor is determined by the expiration date of the existing General Instructor Certification. The following requirements apply during the initial period of certification: (1) where certification for both general probationary instructor and Specialized Instructor Certification is issued on the same date, the instructor is required to satisfy the teaching requirement for only the general probationary instructor certification. The instructor may satisfy the teaching requirement for the general probationary instructor certification by teaching any specialized topic for which certification has been issued; (2) when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the general certification by teaching the specialized subject for which certification has been issued; (3) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are 12 months or more until the certification expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; (4) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are less than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject. (c) The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification. The application for renewal shall contain, in addition to the requirements listed in Rule .0304 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period. Such documentary evidence shall include the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted and such instruction must be in a Commission-accredited training course or a Commission-recognized in-service training course. Acceptable documentary evidence shall include official Commission records submitted by School Directors or in-service training coordinators and written certification from a School Director or in-service training coordinator; and (2) proof that the applicant has, within the three year period preceding application for renewal, attended and successfully completed any instructor updates that have been issued by the Commission. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In- Service Training Coordinators, or copies of certificates of completion issued by the institution which provided the instructor updates; and (3) either: (A) a favorable written recommendation from a School Director or In-Service Training Coordinator completed on a Commission Renewal of Instructor and Professional Lecturer Certification Form that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of Specialized Instructor Certification; or (B) a favorable evaluation by a Commission or staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three-year period of Specialized Instructor Certification. Such evaluation shall be certified on a Commission Instructor Evaluation Form. In addition, instructors evaluated by a Commission or staff member must also teach at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Upon submission of the required documentation for renewal the Commission staff shall renew the certification as a Specialized Instructor. Such renewal shall occur at the time of renewal of the General Instructor certification. (d) Certification as a specialized instructor in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1085 areas as outlined in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) of this Section, specifically those certifications not based upon General Instructor Certification, shall remain in effect for 36 months from the date of issuance. During the 36 month term all non-Commission certificates required in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) for specialized instructor certification in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas must be maintained. (e) All instructors shall remain active during their period of certification. If an instructor does not teach at least 12 hours in each of the topic areas for which certification is granted, the certification shall not be renewed for those topics in which the instructor failed to teach. Any specialized instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not teach at least 12 hours in each of the specialized topics during the three year period for which certification was granted. Upon application for re-certification, such applicants shall meet the requirements of Rule .0304 of this Section. (f) The use of guest participants in a delivery of the "Basic Law Enforcement Training Course" is permissible. However, such guest participants are subject to the direct on-site supervision of a Commission-certified instructor and must be authorized by the School Director. A guest participant shall only be used to complement the primary certified instructor of the block of instruction and shall in no way replace the primary instructor. Authority G.S. 17C-6. SUBCHAPTER 09D – PROFESSIONAL CERTIFICATE PROGRAMS SECTION .0100 - LAW ENFORCEMENT OFFICERS' PROFESSIONAL CERTIFICATE PROGRAM 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. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (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) 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. (6) Full-time, paid employees of a law enforcement agency within the State who have successfully completed a 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 law enforcement training shall equal one point; (3) Only experience as a full-time, sworn, paid member of a law enforcement agency or equivalent experience shall be acceptable for consideration. Authority G.S. 17C-6. SECTION .0200 - CRIMINAL JUSTICE OFFICERS' PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09D .0202 GENERAL PROVISIONS (a) The officer shall presently hold general criminal justice officer certification. A person serving under a probationary certification is not eligible for consideration. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (b) The officer shall hold general certification with the Commission in the category of state youth services officer. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1086 (c) The officer shall be a permanent, paid member of a criminal justice agency within the State. (d) Permanent, paid employees of the Department of Juvenile Justice and Delinquency Prevention, who have successfully completed a Commission-accredited criminal justice officer basic training program and have previously held general certification as specified in 12 NCAC 09D .0202(a)(1) and 12 NCAC 09D .0202(a)(2), but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the professional certificate program. Eligibility for this exception requires continuous employment with the Department of Juvenile Justice and Delinquency Prevention from the date of promotion or transfer from a certified position to the date of application for a professional certificate. (e) Each semester hour of college credit shall equal one point and each quarter hour shall equal two-thirds of a point; (f) Twenty classroom hours of Commission-approved criminal justice training shall equal one point; (g) Only experience as a permanent, paid member of a criminal justice agency or the equivalent experience as determined by the Commission shall be acceptable of consideration. (c) Separate sub-programs will be administered as follows: The Youth Services Certificate is appropriate for permanent, paid state youth services officers employed by the Department of Juvenile Justice and Delinquency Prevention. Authority G.S. 17C-6. SUBCHAPTER 09E – IN-SERVICE TRAINING PROGRAMS SECTION .0100 - LAW ENFORCEMENT OFFICER'S IN-SERVICE TRAINING PROGRAM 12 NCAC 09E .0102 REQUIRED ANNUAL IN-SERVICE TRAINING TOPICS The following topical areas are hereby established as minimum topics and hours to be included in the law enforcement officers' annual in-service training program: (1) Firearms Training and Qualification (4); (2) Legal Update (4); (3) Career Survival: Leadership and Mentoring Social Networking and Digital Communications (4); (4) Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding Interaction Skills in Building Rapport (2); (5) Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships Awareness of Issues Surrounding Returning Military Personnel (2); and (6) Department Topics of Choice (8). Authority G.S. 17C-6; 17C-10. 12 NCAC 09E .0105 MINIMUM TRAINING SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING (a) The following specifications shall be incorporated in each law enforcement agency's annual in-service training courses: (1) Firearms: (A) Use of Force: review the authority to use deadly force [G.S. 15A- 401(d)(2)] including the relevant case law and materials; (B) Safety: (i) range rules and regulations; (ii) handling of a firearm; and (iii) malfunctions; (C) Review of Basic Marksmanship Fundamentals: (i) grip, stance, breath control and trigger squeeze; (ii) sight and alignment/sight picture; and (iii) nomenclature; and (2) Legal Update (4); (3) Career Survival: Leadership and Mentoring Social Networking and Digital Communications (4); (4) Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding Interaction Skills in Building Rapport (2); (5) Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships Awareness of Issues Surrounding Returning Military Personnel (2); and (6) Department Topics of Choice (8). (b) The "Specialized Firearms Instructor Training Manual" as published by the North Carolina Justice Academy shall be applied as a guide for conducting the annual in-service firearms training program. Copies of this publication may be inspected at the office of the agency: Criminal Justice Standards Division North Carolina Department of Justice 114 West Edenton Street 1700 Tryon Park Drive Old Education Building Post Office Drawer 149 Raleigh, North Carolina 27602 27610 (c) The In-Service Lesson Plans as published by the North Carolina Justice Academy shall be applied as a minimum curriculum for conducting the annual in-service training program. Copies of this publication may be inspected at the office of the agency: Criminal Justice Standards Division North Carolina Department of Justice 114 West Edenton Street 1700 Tryon Park Drive Old Education Building Post Office Drawer 149 Raleigh, North Carolina 27602 27610 and may be obtained at cost from the Academy at the following address: North Carolina Justice Academy Post Office Drawer 99 PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1087 Salemburg, North Carolina 28385 Authority G.S. 17C-6; 17C-10. SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS EMPLOYMENT, TRAINING, AND CERTIFICATION SECTION .0200 - MINIMUM STANDARDS FOR CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, AND PROBATION/PAROLE OFFICERS-SURVEILLANCE 12 NCAC 09G .0206 MORAL CHARACTER Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall demonstrate good moral character as evidenced by, but not limited to: (1) not having been convicted of a felony; (1)(2) not having been convicted of a misdemeanor as defined in 12 NCAC 09G .0102(9) for three years or the completion of any corrections supervision imposed by the courts whichever is later; (2)(3) not having been convicted of an offense that, under 18 USC 922(g)(8), 922,would prohibit the possession of a firearm or ammunition; (3)(4) having submitted to and produced a negative result on a drug test within 60 days of employment or any in-service drug screening required by the Department of Correction which meets the certification standards of the Department of Health and Human Services for Federal Workplace Drug Testing Programs, copies of which may be obtained from National Institute on Drug Abuse, 5600 Fisher Lane, Rockville, Maryland 20857 at no cost, to detect the illegal use of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites; (4)(5) submitting to a background investigation consisting of: (a) verification of age; (b) verification of education; and (c) criminal history check of local, state, and national files; and (5)(6) being truthful in providing all required information as prescribed by the application process. Authority G.S. 17C-6; 17C-10. SECTION .0300 - CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, PROBATION/PAROLE OFFICERS-INTERMEDIATE, AND INSTRUCTORS 12 NCAC 09G .0309 TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for certification as a general instructor shall, for the first 12 months of certification, be in a probationary status. The General Instructor Certification, Probationary Status, shall automatically expire 12 months from the date of issuance. (b) The probationary instructor shall be eligible for full general instructor status if the instructor, through application at the end of the probationary period, submits to the Commission: (1) a favorable recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of eight twelve hours in a Commission-certified course or a Commission-recognized in-service training course during the probationary year. The results of the student evaluation of the instructor must be considered by the School Director when determining recommendation; or (2) a written evaluation by a staff member, based on an on-site classroom evaluation of the probationary instructor in a Commission-certified course or a Commission-recognized in-service training course. Such evaluation shall be certified on a Commission Instructor Evaluation Form. In addition, instructors evaluated by a staff member must also teach a minimum of eight 12 hours in a Commission-certified training course or a Commission-recognized in-service training course. (c) The term of certification as a general instructor is three years from the date the Commission issues the certification. The certification may subsequently be renewed by the Commission for three year periods. The application for renewal shall contain, in addition to the requirements listed in 12 NCAC 09G .0308 documentary evidence indicating that the applicant has remained active in the instructional process during the previous three year period. Such documentary evidence shall include, at a minimum, the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed a minimum of 12 hours in a Commission-certified training course or a Commission-recognized in-service training course; and (2) either: (A) a favorable written recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of twelve hours in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of general certification; or PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1088 (B) a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three year period of General Instructor Certification. (d) If an instructor does not teach a minimum of 12 hours during the period of certification, the certification shall not be renewed, and the instructor shall file application for General Instructor Certification, Probationary Status. Such applicants shall be required to meet the minimum requirements of 12 NCAC 09G .0308 of this Section. (e) All instructors shall have 90 days from the date of the expiration of their instructor certification to submit an application for renewal along with documentation of having met the minimum requirements of Paragraph (c) of this Rule during the previous certification period. The prescribed 90 day period shall not extend the instructor certification period beyond its specified expiration period. If the renewal application is not submitted within 90 days from the expiration of the previous certification, the applicant will be required to meet the minimum requirements for general instructor certification as specified in Rule .0302 of this Section. Authority G.S. 17C-6. 12 NCAC 09G .0311 TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification. The applicant must apply for certification as a specialized instructor within 60 days from the date of completion of a specialized instructor course. (b) The terms of certification as a specialized instructor shall be determined by the expiration date of the existing General Instructor Certification. The following requirements shall apply during the initial period of certification: (1) where certification for both general probationary instructor and Specialized Instructor Certification is issued on the same date, the instructor shall only be required to satisfy the teaching requirement for the general probationary instructor certification. The instructor may satisfy the teaching requirement for the general probationary instructor certification by teaching any specialized topic for which certification has been issued; (2) when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the General Certification by teaching the specialized subject for which certification has been issued; and (3) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are 12 months or more until the certification expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; (4) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are less than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject. (c) The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification. The certification may subsequently be renewed by the Commission at the time of renewal of the full General Instructor Certification. The application for renewal shall contain, in addition to the requirements listed in 12 NCAC 09G .0310 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three year period. Such documentary evidence shall include the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted and such instruction must be in a Commission-certified training course or a Commission-recognized in-service training course. Acceptable documentary evidence shall include official Commission records submitted by School Directors and written certification from a School Director; and (2) either: (A) a favorable written recommendation from a School Director accompanied by certification that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of Specialized Instructor Certification; or (B) a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three year period of Specialized Instructor Certification. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1089 (d) If an instructor does not teach at least 12 hours in each of the topic areas for which certification is granted, the certification shall not be renewed for those topics in which the instructor failed to successfully teach. Any specialized instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not successfully teach at least eight hours in each of the specialized topics during the three year period for which certification was granted. Upon application for re-certification, such applicants shall be required to meet the requirements of 12 NCAC 09G .0310. Authority G.S. 17C-6. SECTION .0600 - PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09G .0602 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, except as provided for in 12 NCAC 09G .0602(a)(4): (1) The officer shall presently hold general corrections officer certification. A person serving under a probationary certification is not eligible for consideration. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (2) The officer shall hold general certification with the Commission in one of the following categories: (A) correctional officer; (B) probation/parole officer; or (C) probation/parole officer-intermediate. (3) The officer shall be a permanent, full-time, paid employee of the North Carolina Department of Correction. (4) Permanent, paid employees of the Department of Correction who have successfully completed a Commission-accredited Commission-certified corrections officer basic training program and have previously held general certification as specified in 12 NCAC 09G .0602(a)(1) and 12 NCAC 09G .0602(a)(2), but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the professional certificate program. Eligibility for this exception requires continuous employment with the Department of Correction from the date of promotion or transfer from a certified position to the date of application for a professional certificate. (b) Awards are based upon a formula which combines formal education, corrections training, and actual experience as a corrections 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) 20 classroom hours of Commission-approved corrections training shall equal one point; (3) only experience as a permanent, paid employee of the North Carolina Department of Correction or the equivalent experience as determined by the Commission shall be acceptable of consideration. Point requirements for each award are described in 12 NCAC 09G .0604 and .0605. (c) Certificates shall be awarded in an officer's area of expertise only. The State Corrections Certificate is appropriate for permanent, paid corrections employees employed by the North Carolina Department of Correction. 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 Environmental Management Commission intends to amend the rule cited as 15A NCAC 02D .0544. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncair.org/rules/hea
Object Description
Description
Title | North Carolina register |
Date | 2012-02-01 |
Description | Volume 26, Issue 15, (February 1, 2012) |
Digital Characteristics-A | 2564 KB; 119 p. |
Digital Format | application/pdf |
Full Text | This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER VOLUME 26 ● ISSUE 15 ● Pages 1060 - 1174 February 1, 2012 I. EXECUTIVE ORDERS Executive Order No. 113 .................................................................................... 1060 - 1062 II. IN ADDITION Real Estate Commission – Notice of Change of Location of Public Hearing .... 1063 Decision Letters on "Changes Affecting Voting" from US Attorney General .. 1064 – 1067 III. PROPOSED RULES Environment and Natural Resources, Department of Environmental Management Commission ...................................................... 1089 – 1092 Health and Human Services, Department of Child Care Commission .................................................................................. 1068 – 1077 Medical Care Commission .............................................................................. 1077 – 1081 Justice, Department of Criminal Justice Education and Training Standards Commission .................. 1081 – 1089 IV. APPROVED RULES ........................................................................................ 1093 – 1167 Environment and Natural Resources, Department of Wildlife Resources Commission Health and Human Services, Department of Mental Health, Commission for Occupational Licensing Boards and Commissions Cosmetic Art Examiners, Board of Medical Board Plumbing, Heating and Fire Sprinkler Contractors, Board of Examiners for V. RULES REVIEW COMMISSION ................................................................. 1168 – 1169 VI. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1170 – 1174 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 Contact List for Rulemaking Questions or Concerns For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive. Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. Office of Administrative Hearings Rules Division 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071 Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075 Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073 Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083 Rule Review and Legal Issues Rules Review Commission 1711 New Hope Church Road (919) 431-3000 Raleigh, North Carolina 27609 (919) 431-3104 FAX contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081 Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079 Fiscal Notes & Economic Analysis and Governor's Review Office of State Budget and Management 116 West Jones Street (919) 807-4700 Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX Contact: Anca Grozav, Economic Analyst osbmruleanalysis@osbm.nc.gov (919) 807-4740 NC Association of County Commissioners 215 North Dawson Street (919) 715-2893 Raleigh, North Carolina 27603 contact: Rebecca Troutman rebecca.troutman@ncacc.org NC League of Municipalities (919) 715-4000 215 North Dawson Street Raleigh, North Carolina 27603 contact: Erin L. Wynia ewynia@nclm.org Legislative Process Concerning Rule-making Joint Legislative Administrative Procedure Oversight Committee 545 Legislative Office Building 300 North Salisbury Street (919) 733-2578 Raleigh, North Carolina 27611 (919) 715-5460 FAX contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 NORTH CAROLINA REGISTER Publication Schedule for January 2012 – December 2012 FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY RULES Volume & issue number Issue date Last day for filing Earliest date for public hearing End of required comment period Deadline to submit to RRC for review at next meeting Earliest Eff. Date of Permanent Rule Delayed Eff. Date of Permanent Rule 31st legislative day of the session beginning: 270th day from publication in the Register 26:13 01/03/12 12/08/11 01/18/12 03/05/12 03/20/12 05/01/12 05/16/12 09/29/12 26:14 01/17/12 12/21/11 02/01/12 03/19/12 03/20/12 05/01/12 05/16/12 10/13/12 26:15 02/01/12 01/10/12 02/16/12 04/02/12 04/20/12 06/01/12 01/30/13 10/28/12 26:16 02/15/12 01/25/12 03/01/12 04/16/12 04/20/12 06/01/12 01/30/13 11/11/12 26:17 03/01/12 02/09/12 03/16/12 04/30/12 05/21/12 07/01/12 01/30/13 11/26/12 26:18 03/15/12 02/23/12 03/30/12 05/14/12 05/21/12 07/01/12 01/30/13 12/10/12 26:19 04/02/12 03/12/12 04/17/12 06/01/12 06/20/12 08/01/12 01/30/13 12/28/12 26:20 04/16/12 03/23/12 05/01/12 06/15/12 06/20/12 08/01/12 01/30/13 01/11/13 26:21 05/01/12 04/10/12 05/16/12 07/02/12 07/20/12 09/01/12 01/30/13 01/26/13 26:22 05/15/12 04/24/12 05/30/12 07/16/12 07/20/12 09/01/12 01/30/13 02/09/13 26:23 06/01/12 05/10/12 06/16/12 07/31/12 08/20/12 10/01/12 01/30/13 02/26/13 26:24 06/15/12 05/24/12 06/30/12 08/14/12 08/20/12 10/01/12 01/30/13 03/12/13 27:01 07/02/12 06/11/12 07/17/12 08/31/12 09/20/12 11/01/12 01/30/13 03/29/13 27:02 07/16/12 06/22/12 07/31/12 09/14/12 09/20/12 11/01/12 01/30/13 04/12/13 27:03 08/01/12 07/11/12 08/16/12 10/01/12 10/22/12 12/01/12 01/30/13 04/28/13 27:04 08/15/12 07/25/12 08/30/12 10/15/12 10/22/12 12/01/12 01/30/13 05/12/13 27:05 09/04/12 08/13/12 09/19/12 11/05/12 11/20/12 01/01/13 01/30/13 06/01/13 27:06 09/17/12 08/24/12 10/02/12 11/16/12 11/20/12 01/01/13 01/30/13 06/14/13 27:07 10/01/12 09/10/12 10/16/12 11/30/12 12/20/12 02/01/13 05/2014 06/28/13 27:08 10/15/12 09/24/12 10/30/12 12/14/12 12/20/12 02/01/13 05/2014 07/12/13 27:09 11/01/12 10/11/12 11/16/12 12/31/12 01/22/13 03/01/13 05/2014 07/29/13 27:10 11/15/12 10/24/12 11/30/12 01/14/13 01/22/13 03/01/13 05/2014 08/12/13 27:11 12/03/12 11/07/12 12/18/12 02/01/13 02/20/13 04/01/13 05/2014 08/30/13 27:12 12/17/12 11/26/12 01/01/13 02/15/13 02/20/13 04/01/13 05/2014 09/13/13 This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 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 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 An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed 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. EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1060 EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1061 EXECUTIVE ORDERS 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1062 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1063 Notice of Change of Location of NC Real Estate Commission's Public Hearing Notice is hereby given that the location of the public hearing to be held in connection with the NC Real Estate Commission's proposed amendment of the rule cited as NCAC 58A .0114, as published in volume 26, issue 13, page 948 of the North Carolina Register, has been moved. The new location of the public hearing is as follows: Public Hearing: Date: March 7, 2012 Time: 9:00 a.m. Location: North Raleigh Hilton, Salon E, 3415 Wake Forest Road, Raleigh, NC 27609 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1064 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1065 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1066 IN ADDITION 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1067 PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1068 Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days. Statutory reference: G.S. 150B-21.2. TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Child Care Commission intends to adopt the rule cited as 10A NCAC 09 .1706; amend the rules cited as 10A NCAC 09 .0102, .0714, .0901-.0902, .1702, .1718; and repeal the rules cited as 10A NCAC 09 .1501-.1504, and .1506. Link to agency website pursuant to G.S. 150B-19.1(c): http://ncchildcare.dhhs.state.nc.us/general/whatsnew.asp Proposed Effective Date: July 1, 2012 Public Hearing: Date: February 28, 2012 Time: 1:30 p.m. Location: Division of Child Development and Early Education, 319 Chapanoke Road, Suite 120, Room 300, Raleigh, NC Reason for Proposed Action: 10A NCAC 09 .0714 – Amendments to this rule will establish guidelines for staff to use when supervising children indoors or outdoors while they are in child care. Staff must know where children are at all times and be able to hear and see them. Also a provision from the Americans with Disabilities Act (ADA) will be added for individuals with a disability who are seeking employment in child care. 10A NCAC 09 .0901, .0902, .1702, .1706, .1718 – Proposed amendments to these rules are in accordance with the S.L. 2010- 117 to improve the nutrition standards in child care facilities by limiting certain foods (i.e. juice) or prohibits providing some at all (i.e. soda, flavored milk). Meeting these requirements will continue to allow for providers to participate in the Child and Adult Care Food Program and be reimbursed as they have been historically. 10A NCAC 09 .0102, .1501, .1502, 1503, .1504, .1506 – As part of the Governor's RIMP report, rules regarding temporary care were identified as being unnecessary. Rules .1501, .1502, .1503, .1504 and .1506 are proposed for repeal. Also the definition of temporary care in Rule .0102(32) will be deleted. Procedure by which a person can object to the agency on a proposed rule: Objections may be submitted in writing to Dedra Alston, Division of Child Development and Early Education, 2201 Mail Service Center, Raleigh, NC 27699-2201; or by email to Dedra.Alston@dhhs.nc.gov by April 2, 2012. Comments may be submitted to: Dedra Alston, Division of Child Development and Early Education, 2201 Mail Service Center, Raleigh, NC 27699-2201; phone (919) 890-7060; fax (919) 662-4543; email Dedra.Alston@dhhs.nc.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 09 - CHILD CARE RULES SECTION .0100 - DEFINITIONS Note: Text shown in Italics has been approved by the RRC and is pending Legislative review. 10A NCAC 09 .0102 DEFINITIONS The terms and phrases used in this Chapter are defined as follows except when the content context of the rule requires a different meaning. The definitions prescribed in G.S. 110-86 also apply to these Rules. (1) "Agency" as used in Section .2200 of this Chapter, means Division of Child Development, Development and Early Education, Department of Health and Human Services located at 319 Chapanoke Road, Suite 120, Raleigh, North Carolina 27603. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1069 (2) "Appellant" means the person or persons who request a contested case hearing. (3) "Basic School-Age Care" training (BSAC training) means the training on the elements of quality afterschool care for school-age children, developed by the North Carolina State University Department of 4-H Youth Development and subsequently revised by the North Carolina School-age Quality Improvement Project. Other training shall be approved as equivalent if the Division determines that the content of the training offered is substantially equivalent to the BSAC training. (4) "Child Care Program" means a single center or home, or a group of centers or homes or both, which are operated by one owner or supervised by a common entity. (5) "Child care provider" as defined by G.S. 110- 90.2(a)(2)a. and used in Section .2700 of this Chapter, includes the following employees who have contact with the children in a child care program: facility directors, administrative staff, teachers, teachers' aides, cooks, maintenance personnel, and drivers. (6) "Child Development Associate Credential" means the national early childhood credential administered by the Council for Early Childhood Professional Recognition. (7) "Developmentally appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children. (8) "Division" means the Division of Child Development and Early Education within the Department of Health and Human Services. (9) "Drop-in care" means a child care arrangement where children attend on an intermittent, unscheduled basis. (10) "Early Childhood Environment Rating Scale - Revised Edition" (Harms, Clifford, and Cryer, 2005, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of children in the group are two and a half years old through five years old, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (11) "Experience working with school-aged children" means working with school-age children as an administrator, program coordinator, group leader, assistant group leader, lead teacher, teacher or aide. (11)(12) "Family Child Care Environment Rating Scale - Revised Edition" (Harms, Cryer and Clifford, 2007, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by children in family child care homes to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (12)(13) "First aid kit" is a collection of first aid supplies (such as bandages, tweezers, disposable nonporous gloves, micro shield or face mask, liquid soap, cold pack) for treatment of minor injuries or stabilization of major injuries. (13)(14) "Group" means the children assigned to a specific caregiver or caregivers, to meet the staff/child ratios set forth in G.S. 110-91(7) and this Chapter, using space which is identifiable for each group. (14)(15) "Health care professional" means: (a) a physician licensed in North Carolina; (b) a nurse practitioner approved to practice in North Carolina; (c) a licensed physician assistant. (15)(16) "Household member" means a person who resides in a family home as evidenced by factors including, including maintaining clothing and personal effects at the household address, receiving mail at the household address, using identification with the household address, or eating and sleeping at the household address on a regular basis. (16)(17) "If weather conditions permit" means: (a) temperatures that fall within the guidelines developed by the Iowa Department of Public Health and specified on the Child Care Weather Watch chart. These guidelines shall be used when determining appropriate weather conditions for taking children outside for outdoor learning activities and playtime. This chart may be downloaded free of PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1070 charge from http://www.idph.state.ia.us/hcci/com mon/pdf/weatherwatch.pdf, and is incorporated by reference and includes subsequent editions and amendments; (b) following the air quality standards as set out in 15A NCAC 18A .2832(d). healthy air quality as forecast by the Department of Environment and Natural Resources' Air Quality Forecasts and Information web page. The Air Quality Color Guide can be found on the Division's web site at http://xapps.enr.state.nc.us/aq/Forecas tCenter or call 1-888-RU4NCAIR (1- 888-784-6224); and (c) no active precipitation. Caregivers may choose to go outdoors when there is active precipitation if children have appropriate clothing such as rain boots and rain coats, or if they are under a covered area. (17)(18) "Infant/Toddler Environment Rating Scale - Revised Edition" (Harms, Cryer, and Clifford, 2003, published by Teachers College Press, New York, NY) is the instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of children in the group are younger than thirty months old, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (18)(19) "ITS-SIDS Training" means the Infant/Toddler Safe Sleep and SIDS Risk Reduction Training developed by the NC Healthy Start Foundation for the Division of Child Development and Early Education for caregivers of children ages 12 months and younger. (19)(20) "Licensee" means the person or entity that is granted permission by the State of North Carolina to operate a child care facility. The owner of a facility is the licensee. [(20)](21) "North Carolina Early Educator Certification (certification)" is an acknowledgement of an individual's verified level of educational achievement based on a standardized scale. The North Carolina Institute for Child Development Professionals certifies individuals and assigns a certification level on two scales: the Early Care and Education Professional Scale (ECE Scale) in effect as of July 1, 2010 or the School Age Professional Scale (SA Scale) in effect as of May 19, 2010. Each scale reflects the amount of education earned in the content area pertinent to the ages of children served. The ECE Scale is designed for individuals working with or on behalf of children ages birth to five. The SA Scale is designed for individuals working with or on behalf of children ages 5 to 12 who are served in school age care settings. (20)[(21)](22) "North Carolina Early Childhood Credential" means the state early childhood credential that is based on completion of required early childhood coursework taken at any NC Community College. and standards found in the North Carolina Early Childhood Instructor Manual (published by the NC Community College System Office). These standards are incorporated by reference and include subsequent amendments. Other post secondary curriculum coursework shall be approved as equivalent if the Division determines that the content of the other post secondary curriculum coursework offered is substantially equivalent to the NC Early Childhood Credential Coursework. A copy of the North Carolina Early Childhood Credential requirements is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection or copying at no charge during regular business hours. (21)[(22)](23) "Owner" means any person with a five percent or greater equity interest in a child care facility, however, however stockholders of corporations who own child care facilities are not subject to mandatory criminal history checks pursuant to G.S. 110-90.2 and G.S. 110-91(8) unless they are involved in day-to-day operations of the child care facility. a child care provider. (22)[(23)](24) "Parent" means a child's parent, legal guardian, or full-time custodian. (23)[(24)](25) "Part-time care" means a child care arrangement where children attend on a regular schedule but less than a full-time basis. (24)[(25)](26) "Passageway" means a hall or corridor. (25)[(26)](27) "Person" means any individual, trust, estate, partnership, corporation, joint stock company, consortium, or any other group, entity, organization, or association. (26)[(27)](28) "Preschooler" or "preschool-age child" means any child who does not fit the definition of school-age child in this Rule. (27)[(28)](29) "School-Age Care Environment Rating Scale" (Harms, Jacobs, and White, 1996, published by Teachers College Press) is the PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1071 instrument used to evaluate the quality of care received by a group of children in a child care center, when the majority of the children in the group are older than five years, to achieve three or more points for the program standards of a rated license. This instrument is incorporated by reference and includes subsequent editions. Individuals wishing to purchase a copy may call Teachers College Press at 1-800-575-6566. The cost of this scale in May 2010 is nineteen dollars and ninety-five cents ($19.95). A copy of this instrument is on file at the Division at the address given in Item (1) of this Rule and is available for public inspection during regular business hours. (28)[(29)](30) "School-age child" means any child who is attending or who has attended, a public or private grade school or kindergarten and meets age requirements as specified in G.S. 115C- 364. (29)[(30)](31) "Seasonal Program" means a recreational program as set forth in G.S. 110- 86(2)(b). (30)[(31)](32) "Section" means Division of Child Development. Development and Early Education. (31)[(32)](33) "Substitute" means any person who temporarily assumes the duties of a staff person for a time period not to exceed two consecutive months. (32)[(33)](34) "Temporary care" means any child care arrangement which provides either drop-in care or care on a seasonal or other part-time basis and is required to be regulated pursuant to G.S. 110-86. (33)[(34)](35)(34) "Track-Out Program" means any child care provided to school-age children when they are out of school on a year-round school calendar. (34)[(35)](36)(35) "Volunteer" means a person who works in a child care facility and is not monetarily compensated by the facility. Authority G.S. 110-85; 110-88; 143B-168.3. SECTION .0700 - HEALTH AND OTHER STANDARDS FOR CENTER STAFF 10A NCAC 09 .0714 OTHER STAFFING REQUIREMENTS (a) Each child care center shall have an administrator on site on a regular basis. The administrator shall be responsible for monitoring the program and overseeing administrative duties of the center. This requirement may be met by having one or more persons on site who meet the requirements for an administrator according to the licensed capacity of the center. The following hourly requirements are based on an administrator's normal working schedule and may include times when the administrator may be off site due to administrative duties, illness, or vacation. (1) Each center with a licensed capacity of less than 30 children shall have an administrator on site for at least 20 hours per week. (2) Each center with a licensed capacity of 30 to 79 children shall have an administrator on site for at least 25 hours per week. (3) Each center with a licensed capacity of 80 to 199 children shall have an administrator on site for at least 30 hours per week. (4) Each center with a licensed capacity of 200 or more children shall have an administrator on site for at least 40 hours per week. (b) At least one person who meets the requirements for an administrator or lead teacher as set forth in this Section shall be on site during the center's operating hours except that a person who is at least 18 years old with at least a high school diploma or its equivalent and who has a minimum of one year's experience working with children in a child care center may be on duty at the beginning or end of the operating day provided that: (1) No more than 10 children are present. (2) The staff person has worked in that center for at least three months. (3) The staff person knows and can apply the center's operating policies and emergency procedures. (c) At least one person who meets the requirements for a lead teacher shall be responsible for each group of children as defined in Rule .0102 of this Subchapter Chapter except as provided in Paragraph (b) of this Rule. This requirement may be met by having one or more persons who meet the requirements for a lead teacher responsible for the same group of children. Each lead teacher shall be responsible for only one group of children at a time. Each group of children shall have a lead teacher in attendance for at least two-thirds of the total daily hours of operation, based on a normal working schedule and may include times when the lead teacher may not be in attendance due to circumstances such as illness or vacation. (d) A teacher is a person who is responsible to the lead teacher and assists with planning and implementing the daily program. (e) No aide or aides shall have responsibility for a group of children except as provided in Paragraph (b) of this Rule. (f) Children shall be adequately supervised at all times. Adequate supervision shall mean that that: staff interact with the children while moving about the indoor or outdoor area, and are able to hear and see the children at all times, except when emergencies necessitate that direct supervision is impossible for brief periods of time. (1) Staff must be positioned in the indoor and outdoor environment to maximize their ability to hear or see the children at all times and render immediate assistance; (2) Staff must interact with the children while moving about the indoor or outdoor area; (3) Staff must know where each child is located and be aware of children's activities at all times; PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1072 (4) Staff must provide supervision appropriate to the individual age, needs and capabilities of each child; and (5) All of the conditions in this Paragraph shall apply except when emergencies necessitate that direct supervision is impossible for brief periods of time. Documentation of emergencies shall be maintained and available for review by Division representatives upon request. (g) Nothing contained in this Rule shall be construed to preclude a "qualified person with a disability," as defined by G.S. 168A-3(9), or a "qualified individual with a disability," as defined by the Americans With Disabilities Act at 42 U.S.C. 12111(8), from working in a licensed child care facility. (g)(h) For groups of children aged two years or older, the staff/child ratio during nap time is considered in compliance if at least one person is either in each room or is visually supervising all the children and if the total number of required staff are on the premises and within calling distance of the rooms occupied by children. (h)(i) When a child is sleeping, bedding or other objects shall not be placed in a manner that covers the child's face. Authority G.S. 110-85(1); 110-91(7),(8); 143B-168.3. SECTION .0900 - NUTRITION STANDARDS 10A NCAC 09 .0901 GENERAL NUTRITION REQUIREMENTS (a) Meals and snacks served to children in a child care center shall comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food, number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102(1) of this Chapter. (b) Menus for nutritious meals and snacks shall be planned at least one week in advance. At least one dated copy of the current week's menu shall be posted where it can be seen easily by parents and food preparation staff when food is prepared or provided by the center, except in centers with a licensed capacity of 3 to 12 children located in a residence. A variety of food shall be included in meals and snacks. Any substitution shall be of comparable food value and shall be recorded on the menu. (c) Children ages two years and older shall be served either skim or low fat milk. (c)(d) When children bring their own food for meals or snacks to the center, if the food does not meet the nutritional requirements specified in Paragraph (a) of this Rule, the center must provide additional food necessary to meet those requirements. Food brought from home may reflect cultural and ethnic preferences, such as a vegetarian diet. (d)(e) Drinking water must be freely available to children of all ages. Drinking fountains or individual drinking utensils shall be provided. When a private water supply is used, it must be tested by and meet the requirements of the Commission for Public Health. (e)(f) Children's special diets or food allergies shall be posted in the food preparation area and in the child's eating area. (f)(g) The food required by special diets for medical, religious or cultural reasons, may be provided by the center or may be brought to the center by the parents. If the diet is prescribed by a health care professional, a statement signed by the health care professional shall be on file at the center and written instructions shall be provided by the child's parent, health care professional, or a licensed dietician/nutritionist. If the diet is not prescribed by a health care professional, written instructions shall be provided by the child's parent and shall be on file at the center. (g)(h) Food and beverages with little or no nutritional value served as a snack, such as cookies, chips, donuts, sweets, fruit drinks, soft drinks, etc., shall be available only for special occasions. (i) Children shall not be served flavored milk or sugary drinks, including Kool-Aid, fruit drinks, sports drinks, sweet tea and soda. No more than 6 ounces of 100 percent fruit juice shall be offered per day. (j) Staff shall role model appropriate eating behaviors by not consuming foods or beverages with little or no nutritional value in the presence of children in care. (h)(k) Parents shall be allowed to provide breast milk for their children. Accommodations for breastfeeding mothers shall be provided that include seating and an electrical outlet in a place other than a bathroom that is shielded from view by staff and the public which may be used by mothers while they are breastfeeding or expressing milk. Authority G.S. 110-85; 110-91(2); 143B-168.3. 10A NCAC 09 .0902 GENERAL NUTRITION REQUIREMENTS FOR INFANTS (a) The parent or health care provider of each child under 15 months of age shall provide the center an individual written feeding schedule for the child. This schedule must be followed at the center. This schedule must include the child's name, be signed by the parent or health care provider, and be dated when received by the center. Each infant's schedule shall be modified in consultation, with the child's parent and/ or health care provider, to reflect changes in the child's needs as he or she develops. The feeding instructions for each infant shall be posted for quick reference by the caregivers, except in centers licensed for three to 12 children located in a residence. (b) Each infant will be held for bottle feeding until able to hold his or her own bottle. Bottles will not be propped. Each child will be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (c) Infants shall not be served juice in a bottle without a prescription or written statement on file from a health care professional or licensed dietician/nutritionist. Authority G.S. 110-85; 110-91(2); 143B-168.3. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1073 SECTION .1500 - TEMPORARY CARE REQUIREMENTS 10A NCAC 09 .1501 SCOPE The regulations in this Section apply to centers offering temporary care exclusively and to the temporary care component of any other licensed child care center. All regulations in this Subchapter pertaining to full-time child care shall apply to temporary care arrangements, as defined in Rule .0102 of this Subchapter, except as provided in this Section. Authority G.S. 110-91; 143B-168.3. 10A NCAC 09 .1502 MEDICAL EXAMINATION A medical examination report shall not be required for any child who receives only drop-in care, as defined in Rule .0102 of this Subchapter, or for any school-aged child who receives before/after-school care only. Authority G.S. 110-91(1); 143B-168.3. 10A NCAC 09 .1503 BEDS, COTS, MATS AND LINENS (a) Neither a bed, cot, or mat and linen shall be required for any school-aged child who receives either before or after-school care or both, or seasonal care only. (b) When drop-in care is provided in combination with other types of care, a bed, cot, or mat must be provided for each preschool-aged child present during rest time. (c) Beds, cots, or mats do not have to be assigned to, or labeled for, each individual child. (d) Each bed, cot, or mat must be sanitized, in a manner approved by the local health department, after being used by one child and before being used by a different child. Authority G.S. 110-91(1); 143B-168.3. 10A NCAC 09 .1504 ATTENDANCE RECORDS Accurate daily records showing the arrival and departure times of each child receiving drop-in care shall be kept. When drop-in care is provided in combination with other types of care, the daily attendance records of children in the drop-in component shall be maintained separately from the attendance records of children in other components. Authority G.S. 110-91(9); 143B-168.3. 10A NCAC 09 .1506 OUTDOOR PLAY AREA If a child care center provides part-time or drop-in care exclusively, the center may choose to provide 35 square feet per child of indoor space in lieu of the outdoor play area as long as no child remains in care for more than a four-hour period per day. Authority G.S. 110-91; 143B-168.3. SECTION .1700 - FAMILY CHILD CARE HOME REQUIREMENTS 10A NCAC 09 .1702 APPLICATION FOR A LICENSE FOR A FAMILY CHILD CARE HOME (a) Any person who plans to operate a family child care home shall apply for a license using a form provided by the Division. The applicant shall submit the completed application, which complies with the following, to the Division: (1) Only one licensed family child care home shall operate at the location address of any home. (2) The applicant shall list each location address where a licensed family child care home will operate. (b) When a family child care home will operate at more than one location address by cooperative arrangement among two or more families, the following procedures apply: (1) One parent whose home is used as a location address shall be designated the coordinating parent and shall co-sign the application with the applicant. (2) The coordinating parent shall know the current location address at all times and shall provide the information to the Division upon request. (c) The applicant shall assure that the structure in which the family child care home is located complies with the following requirements: (1) The structure complies with the North Carolina Building Code for family child care homes or has written approval for use as a family child care home by the local building inspector. (2) The structure meets North Carolina Residential Building Code or is a manufactured home bearing a third party inspection label certifying compliance with the Federal Manufactured Home Construction and Safety Standards or certifying compliance with construction standards adopted and enforced by the State of North Carolina. Homes shall be installed in accordance with North Carolina Manufactured/Mobile Home Regulations adopted by the NC Department of Insurance. Exception: Single wide manufactured homes are limited to a maximum of three preschool-age children (not more than two may be two years of age or less) and two school-age children. (3) All children are kept on the ground level with an exit at grade. (4) All homes are equipped with an electrically operated (with a battery backup) smoke detector, or one electrically operated and one battery operated smoke detector located next to each other. (5) All homes are provided with at least one five pound 2-A: 10-B: C type extinguisher readily accessible for every 2,500 square feet of floor area. (6) Fuel burning space heaters, fireplaces and floor furnaces which are listed and approved by the Department of Insurance for that PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1074 installation and are provided with a protective screen attached securely to supports are allowed. Unvented fuel burning heaters and portable electric space heaters of all types are prohibited. (7) All indoor areas used by children are heated when the temperature is below 65 degrees and ventilated when the temperature is above 85 degrees. (8) Hot pipes or radiators which are hot enough to be capable of burning children and are accessible to the children are covered or insulated. (9) Accommodations for breastfeeding mothers are provided that include seating and an electrical outlet, in a place other than a bathroom, that is shielded from view by staff and the public, which may be used by mothers while they are breastfeeding or expressing milk. (d) The applicant shall also submit supporting documentation with the application for a license to the Division. The supporting documentation shall include: (1) a copy of the certified criminal history check from the Clerk of Superior Court's office in the county or counties where the applicant and any household member(s) over age 15, have resided during the previous 12 months; (2) a copy of documentation of completion of a first aid and cardiopulmonary resuscitation (CPR) course; (3) proof of negative results of the applicant's tuberculosis test completed within the past 12 months; (4) a completed health questionnaire; (5) a copy of current pet vaccinations for any pet in the home; (6) a negative well water bacteriological analysis if the home has a private well; (7) copies of any inspections required by local ordinances; and (8) any other documentation required by the Division according to the rules in this Section to support the issuance of a license. (e) Upon receipt of a complete application and supporting documentation, a Division representative shall make an announced visit to each home unless the applicant meets the criteria in Paragraph (g) of this Rule to determine compliance with the requirements, to offer technical assistance when needed, and to provide information about local resources. The issuance of a license applies as follows: (1) If all applicable requirements of G.S. 110 and this Section are met, a license shall be issued; (2) If the applicable requirements are not met but the applicant has the potential to comply, the Division representative shall establish with the applicant a time period for the home to achieve compliance. If the Division representative determines that all applicable requirements are met within the established time period, a license shall be issued; or (3) If all applicable requirements are not met or cannot be met within the established time, the Division shall deny the application. Final disposition of the recommendation to deny is the decision of the Division. (f) The Division shall allow the applicant to temporarily operate prior to the Division representative's visit described in Paragraph (e) of this Rule when the applicant is currently licensed as a family child care home operator, needs to relocate, and notifies the Division of the relocation; and the Division representative is unable to visit before the relocation occurs. A person shall not operate until he or she has received from the Division either temporary permission to operate or a license. (g) When a person applies for a family child care home license, the Secretary may deny the application for the license under the following circumstances: (1) if any child care facility license previously held by that person has been denied, revoked or summarily suspended by the Division; (2) if the Division has initiated denial, revocation or summary suspension proceedings against any child care facility license previously held by that person and the person voluntarily relinquished the license; (3) during the pendency of an appeal of a denial, revocation or summary suspension of any child care facility license previously held by that person; (4) if the Division determines that the applicant has a relationship with an operator or former operator who previously held a license under an administrative action described in Subparagraph (g)(1), (2), or (3) of this Rule. As used in this Rule, an applicant has a relationship with a former operator if the former operator would be involved with the applicant's child care facility in one or more of the following ways: (A) would participate in the administration or operation of the facility; (B) has a financial interest in the operation of the facility; (C) provides care to the children at the facility; (D) resides in the facility; or (E) would be on the facility's board of directors, be a partner of the corporation, or otherwise have responsibility for the administration of the business; (5) based on the person's previous non-compliance as an operator with the requirements of G.S. 110 and this Chapter; or (6) if abuse or neglect has been substantiated against the person, or if abuse or neglect was substantiated against a household member. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1075 (h) In determining whether denial of the application for a license is warranted pursuant to Paragraph (g) of this Rule, the Division shall consider: (1) any documentation provided by the applicant which describes the steps the applicant will take to prevent reoccurrence of noncompliance issues which led to any prior administrative action taken against a license previously held by the applicant; (2) training certificates or original transcripts from a nationally recognized regionally accredited institution of higher learning related to providing quality child care for any coursework, and which were taken subsequent to any prior administrative action taken against a license previously held by the applicant. Nationally recognized means that every state in this nation acknowledges the validity of the coursework taken at higher education institutions that meet the requirements of one of the six regional accrediting bodies; (3) proof of employment in a licensed child care facility and references from the administrator or licensee of the child care facility regarding work performance; (4) documentation of collaboration or mentorship with a licensed child care provider to obtain additional knowledge and experience related to operation of a child care facility; and (5) documentation explaining relationships with persons meeting the criteria listed in Subparagraph (g)(4) of this Rule. (i) The license shall not be bought, sold, or transferred from one individual to another. (j) The license is valid only for the location address listed on it. (k) The license must be returned to the Division in the event of termination, revocation, suspension, or summary suspension. (l) The license shall be displayed in a prominent place that parents are able to view daily and shall be shown to each child's parent when the child is enrolled. (m) A licensee shall notify the Division whenever a change occurs which affects the information shown on the license. Authority G.S. 110-85; 110-88(5); 110-91; 110-93; 110-99; 143B-168.3. 10A NCAC 09 .1706 NUTRITION STANDARDS (a) Meals and snacks served to children in a Family Child Care Home shall comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food, number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102(1) of this Chapter. (b) When children bring their own food for meals and snacks to the program, if the food does not meet the nutritional requirements specified in Paragraph (a) of this Rule, the operator must provide the additional food necessary to meet those requirements. Food brought from home may reflect cultural and ethnic foods, such as vegetarian preferences. (c) The food required by special diets for medical, religious or cultural reasons, may be provided by the operator or may be brought to the program by the parents. If the diet is prescribed by a health care professional, a statement signed by the health care professional shall be on file at the program and written instructions must be provided by the child's parent, health care professional or a licensed dietician/nutritionist. If the diet is not prescribed by a health care professional, written instructions shall be provided by the child's parent and shall be on file at the program. (d) Food with little or no nutritional value served as snack, such as cookies, chips, donuts; etc. shall be available only for special occasions. (e) For children ages 24 months and older a meal or snack must be provided at least every four hours. (f) The parent or health care professional of each child under 15 months of age shall provide the operator an individual written feeding schedule for the child. This schedule shall be followed at the home. This schedule shall include the child's name, be signed by the parent or health care professional, and be dated when received by the operator. Each infant's schedule shall be modified in consultation with the child's parent or health care professional to reflect changes in the child's needs as he or she develops. (g) Parents shall be allowed to provide breast milk for their children. Accommodations for breastfeeding mothers are provided that include seating and an electrical outlet, in a place other than a bathroom, that is shielded from view by staff and the public, which may be used by mothers while they are breastfeeding or expressing milk. (h) Each infant shall be held for bottle feeding until able to hold his or her own bottle. Bottles shall not be propped. Each child shall be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (i) Any formula which is prepared by the operator shall be prepared according to the instructions on the formula package or label, or according to written instructions from the child's health care professional. (j) Infants shall not be served juice in a bottle without a prescription or written statement on file from a health care professional or licensed dietician/nutritionist. (k) Drinking water must be freely available and offered to children on a frequent basis. (l) When milk, milk products, or fruit juices are provided by the operator, only pasteurized products or products which have undergone an equivalent process to pasteurization shall be used. (m) Children ages two years and older shall be served either skim or low fat milk. (n) Children shall not be served flavored milk or sugary drinks, including Kool-Aid, fruit drinks, sports drinks, sweet tea and PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1076 soda. No more than 6 ounces of 100 percent fruit juice shall be offered per day. Authority G.S. 110-85; 110-91(2); 143B-168.3. 10A NCAC 09 .1718 REQUIREMENTS FOR DAILY OPERATIONS (a) The operator shall provide the following on a daily basis for all children in care: (1) Meals and snacks which comply with the Meal Patterns for Children in Child Care Programs from the United States Department of Agriculture (USDA) which are based on the recommended nutrient intake judged by the National Research Council to be adequate for maintaining good nutrition. The types of food and number and size of servings shall be appropriate for the ages and developmental levels of the children in care. The Meal Patterns for Children in Child Care Programs are incorporated by reference and include subsequent amendments. A copy of the Meal Patterns for Children in Child Care Programs is available free of charge from the Division at the address in Rule .0102 of this Chapter; (2) A meal or snack at least every four hours; (3) Drinking water freely available to children; (4)(1) Developmentally appropriate equipment and materials for a variety of outdoor activities which allow for vigorous play, large and small muscle development, and social, emotional, and intellectual development. Each child shall have the opportunity for outdoor play each day that weather conditions permit. The operator shall provide space and time for vigorous indoor activities when children cannot play outdoors; (5)(2) An individual sleeping space such as a bed, crib, play pen, cot, mat, or sleeping bag with individual linens for each pre-school aged child in care for four hours or more, or for all children if overnight care is provided, to rest comfortably. Individual sleep requirements for infants aged 12 months or younger shall be provided for as specified in 10A NCAC 09 .1724(a)(2). Linens shall be changed weekly or whenever they become soiled or wet; (6)(3) A quiet, separate area which can be easily supervised for children too sick to remain with other children. Parents shall be notified immediately if their child becomes too sick to remain in care; (7)(4) Adequate supervision as described below: (A) For children who are awake, staff shall interact with the children while moving about the indoor or outdoor area, and shall be able to hear and see the children at all times, except when emergencies necessitate that direct supervision is impossible for brief periods of time; and (B) For children who are sleeping or napping, the staff are not required to visually supervise them, but shall be able to hear and respond quickly to them. Children shall not sleep or nap in a room with a closed door between the children and the supervising staff. The staff shall be on the same level of the home where children are sleeping or napping. (8)(5) A safe sleep environment by ensuring that when a child is sleeping or napping, bedding or other objects shall not be placed in a manner that covers the child's face; (9)(6) The opportunity each day for each child under the age of 12 months to play while awake while positioned on his or her stomach; (10)(7) Developmentally appropriate activities as planned on a written schedule. Materials or equipment shall be available indoors and outdoors to support the activities listed on the written schedule. The written schedule shall: (A) Show blocks of time usually assigned to types of activities and include periods of time for both active play and quiet play or rest; (B) Be displayed in a place where parents are able to view; (C) Reflect daily opportunities for both free choice and guided activities; (D) Include a minimum of one hour of outdoor play throughout the day, if weather conditions permit; and (E) Include a daily gross motor activity which may occur indoors or outdoors; and (11)(8) When screen time, including videos, video games, and computer usage, is provided, it shall be: (A) Offered only as a free choice activity, (B) Used to meet a developmental goal, and (C) Limited to no more than two and a half hours per week for each child two years of age and older. Usage time periods may be extended for specific special events, projects, occasions such as a current event, homework, on-site computer classes, holiday; and birthday celebration. Screen time is prohibited for children under the age of two years. The operator shall offer alternate activities for children under the age of two years. (b) When milk, milk products, or fruit juices are provided by the operator, only pasteurized products or products which have undergone an equivalent process to pasteurization shall be used. Any formula which is prepared by the operator shall be prepared according to the instructions on the formula package or label, or PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1077 according to written instructions from the child's health care professional. (c) Each infant shall be held for bottle feeding until able to hold his or her own bottle. Bottles shall not be propped. Each child shall be held or placed in feeding chairs or other age-appropriate seating apparatus to be fed. (d) The parent or health care professional of each child under 15 months of age shall provide the operator an individual written feeding schedule for the child. This schedule shall be followed at the home. This schedule shall include the child's name, be signed by the parent or health care professional, and be dated when received by the operator. Each infant's schedule shall be modified in consultation with the child's parent or health care professional to reflect changes in the child's needs as he or she develops. Authority G.S. 110-85; 110-88; 110-91(2),(12). * * * * * * * * * * * * * * * * * * * * Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Medical Care Commission intends to amend the rules cited as 10A NCAC 13D .2101, .2209, .2304, .2308, .2605- .2607, .2701 and repeal the rule cited as 10A NCAC 13D .2110. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dhsr/ruleactions.html Proposed Effective Date: June 1, 2012 Public Hearing: Date: March 21, 2012 Time: 10:00 a.m. Location: NC Division of Health Service Regulation, Lineberger Building, Room 134, Dorothea Dix Campus, 1205 Umstead Drive, Raleigh, NC 27603 Reason for Proposed Action: In response to Executive Order 70, the purpose for the proposed rule amendments is to simplify and clarify current rule language, update reference names and addresses in rules, update rule authority in history notes, and add web site addresses to rules. In addition, the purpose of the repeal of one rule is that compliance is achieved through Public Records Law (G.S. Chapter 132), rendering this rule redundant. Procedure by which a person can object to the agency on a proposed rule: An individual may object to the agency on the proposed rule by submitting written comments on the proposed rule. They may also object by attending the public hearing and personally voice their objections during that time. Comments may be submitted to: Megan Lamphere, Division of Health Service Regulation, 2708 Mail Service Center, Raleigh, NC 27699-2708; fax (919) 733-9379; email DHSR.RulesCoordinator@dhhs.nc.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 13 - NC MEDICAL CARE COMMISSION SUBCHAPTER 13D - RULES FOR THE LICENSING OF NURSING HOMES SECTION .2100 - LICENSURE 10A NCAC 13D .2101 APPLICATION REQUIREMENTS (a) An A legal entity shall submit an application for licensure for a new facility shall be submitted to the Nursing Home Licensure and Certification Section of the Division of Health Service Regulation at least 30 days prior to a license being issued or patients admitted. (b) The application shall contain the following: (1) legal identity of applicant (licensee) and mailing address; (2) name or names under which the facility is presented to the public; (3) location and mailing address of facility; (4) ownership disclosure; (5) accreditation data; (6)(5) bed complement; (7)(6) magnitude and scope of services offered; (8)(7) name and current license number of the administrator; and (9)(8) name and current license number of the director of nursing. nursing; and (9) name and current license number of the medical director. Authority G.S. 131E-102; 131E-104. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1078 10A NCAC 13D .2110 PUBLIC ACCESS TO DEPARTMENT LICENSURE RECORDS (a) All Department files pertaining to the licensure of any facility under this Subchapter shall be open for inspection by any member of the public during normal business hours. The Department shall have an opportunity to ensure that none of the information identified in Paragraph (b) of this Rule will be disclosed during the inspection. Except for information identified in Paragraph (b) of this Rule, any member of the public may obtain copies of any information contained in the Department licensure files in accordance with Division of Health Service Regulation Directive 30, Publication Guidelines, which is incorporated by reference, including subsequent amendments. A copy of the directive may be obtained, without charge, from the Licensure and Certification Section, Division of Health Service Regulation, 2711 Mail Service Center, Raleigh, NC 27699-2711. (b) Unless disclosure is ordered by a court of competent jurisdiction, the following classes of information shall not be disclosed to members of the public: (1) information about the diagnosis, prognosis, treatment, or any other confidential medical information under G.S. 8-53, regarding a named person, unless that person consents in writing to the disclosure; (2) the name of any person who provided information concerning a facility licensed under this Subchapter, or registered a complaint about the treatment of a patient unless that person consents to the disclosure; (3) information identifying any person as a recipient of public assistance or social services, unless that person consents to the disclosure; and (4) any confidential communication between the attorney for the Department and the Department. (c) When documents in the file contain only confidential information of the types identified in Paragraph (b) of this Rule, then they shall be removed from the file before inspection. If a document contains both information of those types identified in Paragraph (b) of this Rule and non-confidential information, then the Department will provide for inspection a copy of the document from which the confidential information is deleted, in lieu of the original document. Authority G.S. 8-53; 108A-80; 131E-104; 131E-124(c); 132-1.1. SECTION .2200 - GENERAL STANDARDS OF ADMINISTRATION 10A NCAC 13D .2209 INFECTION CONTROL (a) The A facility shall establish and maintain an infection control program for the purpose of providing a safe, clean and comfortable environment and preventing the transmission of diseases and infection. (b) Under the infection control program, the facility shall decide what procedures, such as isolation techniques, are needed for individual patients, investigate episodes of infection and attempt to control and prevent infections in the facility. (c) The facility shall maintain records of infections and of the corrective actions taken. (d) The facility shall ensure communicable disease screening, testing including tuberculosis, as required by 10A NCAC 41A, "Communicable Disease Control" which is incorporated by reference, including subsequent amendments. Copies of these Rules may be obtained at no charge by contacting the N.C. Department of Health and Human Services, Division of Public Health, Tuberculosis Control Branch, 1902 Mail Service Center, Raleigh, North Carolina 27699-1902. Screening shall be done upon prior to admission of all patients being admitted from settings other than hospitals, nursing facilities or combination facilities; facilities. prior to or upon admission for all patients admitted from hospitals, nursing facilities and combination facilities; and Staff shall be screened within seven days upon the hiring of all staff. of the hire date. The facility shall ensure tuberculosis screening annually thereafter for patients and staff staff. as required by 10A NCAC 41A, "Communicable Disease Control" which is incorporated by reference, including subsequent amendments. Copies of these Rules may be obtained at no charge by contacting the N.C. Department of Health and Human Services, Division of Public Health, Tuberculosis Control Branch, 1902 Mail Service Center, Raleigh, North Carolina 27699-1902. Identification of a communicable disease does not, in all cases, in and of itself, preclude admission to the facility. (e) All cases of reportable disease as defined by 10A NCAC 41A "Communicable Disease Control" and epidemic outbreaks, and poisonings outbreaks consisting of two or more linked cases of disease transmission shall be reported immediately to the local health department. (f) The facility shall isolate use isolation precautions for any patient deemed appropriate by the its infection control program. program and as recommended by the following Centers for Disease Control guidelines, Management of Multidrug-Resistant Organisms In Healthcare Settings, 2006, http://www.cdc.gov/ncidod/dhqp/pdf/ar/MDROGuideline2006.p df and 2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings, http://www.cdc.gov/hicpac/2007ip/2007isolationprecautions.htm l. (g) The facility shall prohibit any employee with a communicable disease or infected skin lesion from direct contact with patients or their food, if direct contact is the mode of transmission of the disease. (h) The facility shall require all staff to use good hand washing technique as indicated in the Centers for Disease Control and Prevention "Guidelines for Hand Washing in Hospital Environmental Control," as published by the U.S. Department of Health and Human Services, Public Health Service which is incorporated by reference, including subsequent amendments. Copies may be purchased from the National Technical Information Service, U.S. Department of Commerce, 5285 Port Royal Road, Springfield , Virginia, 22161 for fifteen dollars and 95 cents ($15.95). Control, "Guideline for Hand Hygiene in Health-Care Settings, Recommendations of the Healthcare Infection Control Practices Advisory Committee and the PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1079 HICPAC/SHEA/APIC/IDSA Hand Hygiene Task Force." This information can be accessed at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5116a1.htm. (i) All linen shall be handled, store, processed and transported so as to prevent the spread of infection. Authority G.S. 131E-104; 131E-113. SECTION .2300 - PATIENT AND RESIDENT CARE AND SERVICES 10A NCAC 13D .2304 NURSE AIDES (a) The A facility shall employ or contract individuals as nurse aides in compliance with N.C. General Statute 131E, Article 15 and facilities certified for Medicare or Medicaid participation shall also comply with 42 CFR Part 483 which is incorporated by reference, including subsequent amendments. Copies of the The Code of Federal Regulations may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15202-7954 for thirty eight dollars ($38.00) and may be purchased with a credit card by a direct telephone call to the G.P.O. at (202) 512-1800. accessed at http://www.access.gpo.gov/nara/cfr/waisidx_08/42cfr483_08. (b) The A facility shall provide to the Department, upon request, verification of in-service training and of past or present employment of any nurse aide employed by the facility. Authority G.S. 131E-104; 131E-255; 143B-165; 42 U.S.C. 1395; 42 U.S.C. 1396. 10A NCAC 13D .2308 ADULT CARE HOME PERSONNEL REQUIREMENTS (a) The administrator of a combination home shall designate a person to be in charge of the adult care home residents at all times. The nurse-in-charge of the nursing facility may also serve as supervisor-in-charge of the domiciliary beds. (b) If adult care home beds are located in a separate building or a separate level of the same building, there shall be a person on duty in the adult care home portion of the facility at all times. (c) The facility shall comply with all rules in Subchapter 10A NCAC 13F, Licensing of Homes for the Aged and Infirm, which is incorporated by reference, including all subsequent amendments. Copies of these Rules can be obtained free of charge from the Division of Health Service Regulation, Adult Care Licensure Section, 2708 Mail Service Center, Raleigh, NC 27699-2708. Authority G.S. 131E-104. SECTION .2600 - PHARMACEUTICAL SERVICES 10A NCAC 13D .2605 DRUG STORAGE AND DISPOSITION (a) The pharmacist and director of nursing A facility shall ensure that drug storage areas are clean, secure, well lighted and well ventilated; that room temperature is maintained between 59 degrees F. and 86 degrees F.; and that the following conditions are met: (1) All drugs shall be maintained under locked security except when under the immediate or direct physical supervision of a nurse or pharmacist. (2) Drugs requiring refrigeration shall be stored in a refrigerator containing a thermometer and capable of maintaining a temperature range of 2 degrees C. to 8 degrees C. (36 degrees F. to 46 degrees F.) Drugs shall not be stored in a refrigerator containing non-drugs and non-drug related items, except when stored in a separate container. (3) Drugs intended for topical use, except for ophthalmic, otic and transdermal medications, shall be stored in a designated an area separate from the drugs intended for oral and injectable use. (4) Drugs that are outdated, discontinued or deteriorated shall be removed from the facility within five days. (b) Upon discontinuation of a drug or upon discharge of a patient, the remainder of the drug supply shall be disposed of promptly. according to the facility's policy. If it is reasonably expected that the patient shall will return to the facility and that the drug therapy will be resumed, the remaining drug supply may be held for not more than 30 calendar days after the date of discharge or discontinuation. (c) The disposition of drugs shall be in accordance with written policies and procedures established by the Quality Assurance Committee. (d) Destruction of controlled substances shall be in compliance with Disposal of Unused Controlled Substances From Nursing Home as described in North Carolina Controlled Substance Act and Regulations (10A NCAC 26E .0406) 10A NCAC 26E .0406, which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. 10A NCAC 13D .2606 PHARMACEUTICAL RECORDS (a) The pharmacist A facility shall ensure that accurate records of the receipt, use and disposition of drugs are maintained and readily available. (b) The director of nursing and pharmacist A facility shall ensure accountability of controlled substances as defined by the Disposal of Unused Controlled Substances From Nursing Home as described in North Carolina Controlled Substance Act and Regulations (10A NCAC 26E .0406) 10A NCAC 26E .0406, which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1080 ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. 10A NCAC 13D .2607 EMERGENCY DRUGS (a) The A facility shall maintain a supply of emergency drugs in compliance with 21 NCAC 46 .1403 10A NCAC 26E .0408 which is hereby incorporated by reference including subsequent amendments. Copies of the rule may be obtained from the North Carolina Board of Pharmacy, P.O. Box 459, Carrboro Plaza, Highway 54 Bypass, Carrboro, North Carolina 27510 at a cost of eight dollars and forty eight cents ($8.48). This Rule can be accessed online at http://reports.oah.state.nc.us/ncac.asp. (b) Emergency drugs shall be stored in a portable container sealed with an easily breakable closure which cannot be resealed or reused and shall be readily accessible for use. (c) Emergency drug kits shall be stored in a secure area locked storage cabinet or room out of site sight of patients and the general public. If stored in a locked area the kits shall be immediately accessible to all licensed nursing personnel. (d) All emergency drugs and quantity to be maintained shall be approved by the Quality Assurance Committee. Committee as defined in 10A NCAC 13D .2212. (e) If emergency drug items require refrigerated storage, they shall be stored in a separate sealed container within the medication refrigerator. The container shall be labeled to indicate the emergency status of the enclosed drug and sealed as indicated in Paragraph (b) of this Rule. (f) An accurate inventory of emergency drugs and supplies shall be maintained with each emergency drug kit. (g) The pharmacist A facility shall personally examine the refrigerated and non-refrigerated emergency drug supply at least every 90 days and make any necessary changes at that time. (h) The facility shall have written policies and procedures which are enforced to ensure that in the event the sealed emergency drug container is opened and contents utilized, immediate steps are taken to replace the items used. (i) The availability of a controlled substance in an emergency kit shall be in compliance with the North Carolina Controlled Substances Act and Regulations (10A NCAC 26E) which is hereby incorporated by reference including subsequent amendments. Copies of the rules may be obtained from the Drug Regulatory Branch, Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3016 Mail Service Center, Raleigh, NC 27699-3016 at a cost of thirteen dollars ($13.00). These Rules can be accessed online at http://reports.oah.state.nc.us/ncac.asp. Authority G.S. 131E-104; 131E-117. SECTION .2700 - DIETARY SERVICES 10A NCAC 13D .2701 PROVISION OF NUTRITION AND DIETETIC SERVICES (a) The A facility shall ensure that each patient is provided with a palatable diet that meets his or her daily nutritional and specialized nutritional needs. (b) The facility shall designate a person to be known as the director of food service who shall be responsible for the facility's dietetic service and for supervision of dietetic service personnel. If this person is not a dietitian, licensed dietitian/nutritionist or a registered dietitian with the Commission on Dietetic Registration, he or she shall meet the criteria for membership in the Dietary Managers Association which is hereby incorporated by reference including subsequent amendments and editions. Copies of criteria may be obtained from the Dietary Managers Association, 406 Surry Woods Drive, St. Charles , IL 60174 at no cost. or it can be accessed online at www.DMAonline.org. If the course has not been completed, this person shall be enrolled in a course and making satisfactory progress for completion within the time limit specified by course requirements. a Certified Dietary Manager who is certified by the Certifying Board of the Dietary Managers, Dietetic Technician Registered, who is registered by the Commission on Dietetic Registration of the American Dietetic Association, or an individual who has met the academic requirements as referenced in G.S. 90-357(3)b.1., c.1. and d., then the person shall enroll in a course of study to obtain these qualifications and make satisfactory progress for completion within the time limit specified by course requirements. (c) If the food service supervisor is not a dietitian, the facility shall employ a licensed dietitian/nutritionist dietitian on at least a consultant basis. The consultant shall submit written reports of clinical and food service operation recommendations to the administrator and food service supervisor. (d) The dietitian shall spend sufficient time in the facility to assure the following parameters of nutrition have been addressed and that recommended successful interventions by the facility have been met: (1) An analysis of weight loss or gain; (2) Laboratory values; (3) Clinical indicators of malnutrition; (4) Drug therapy that may contribute to nutritional deficiencies; (5) The amount of meal and supplement consumed to meet nutritional needs; (6) Increased nutritional needs related to disease state or deterioration in physical or mental status, i.e., decubitus, low protein status, inadequate intake, or nutrition provided via enteral or parenteral route. (e) There shall be sufficient dietetic personnel employed competent to meet the nutritional needs of all patients in the areas of therapeutic diets, food preparation and service, principles of sanitation, and resident's rights as related to food services. (f) The facility shall ensure that menus are followed which meet the nutritional needs of patients in accordance with the recommended dietary allowances of the Food and Nutrition Board of the National Research Council, National Academy of Sciences which are incorporated by reference, including subsequent amendments. Copies of this publication can may be obtained by contacting The National Academy Press, 2101 Constitution Avenue N.W., Lockbox 285, Washington, D.C., 20055. 500 Fifth St. N.W., Washington, D.C. 20001 or accessing it at http://www.nap.edu/catalog.php?record_id=1349. Cost of PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1081 this publication is eighteen dollars and ninety five cents ($18.95) and includes shipping and handling. Menus shall: (1) be planned at least 14 days in advance, (2) provide for substitutes of similar nutritive value for patients who refuse food that is served, and (3) be provided to patients orally or written through such methods as posting, posting and daily announcements, periodic newsletters, etc. announcements. (g) Food must be prepared to conserve its nutritive value and appearance. (h) Food shall be served at the preferred temperature as discerned by the resident and customary practice, in a form to meet the patient's individual needs and with assistive devices as dictated by the patient's needs. Hot foods shall leave the kitchen (or steam table) above 140 135 degrees F; and cold foods below 41 degrees F; F. and freezer temperatures at 0 degrees F or below. The freezer must keep frozen foods frozen solid. (i) If patients require assistance in eating, food shall be maintained at the appropriate temperature until assistance is provided. (j) All diets, including enteral and parenteral nutrition therapy, shall be as ordered by the physician or other legally authorized person, and served as ordered. (k) At least three meals shall be served daily to all patients in accordance with medical orders. (l) No more than 14 hours shall elapse between an evening meal containing a protein food and a morning meal containing a protein food. (m) Hour-of-sleep (hs) nourishment shall be available to patients upon request or in accordance with nutritional plans. (n) Between meal fluids for hydration shall be available and offered to all patients in accordance with medical orders. (o) The facility shall have a current online or hard copy nutrition care manual or handbook approved by the dietitian, medical staff and the Administrator which shall be used in the planning of the regular and therapeutic diets and be accessible to all staff. (p) Food services shall comply with Rules Governing the Sanitation of Restaurants and Other Foodhandling Establishments (15A NCAC 18A .1300) as promulgated by the Commission for Public Health which is are incorporated by reference, including subsequent amendments, assuring storage, preparation, and serving of food under sanitary conditions. Copies of these Rules can be obtained, at no charge, by contacting the N.C. Department of Environment and Natural Resources, Division of Environmental Health Services, 1630 Mail Service Center, Raleigh, NC 27699-1630. accessed online at http://www.deh.enr.state.nc.us/rules.htm. Authority G.S. 90-368(4); 131E-104. TITLE 12 – DEPARTMENT OF JUSTICE Notice is hereby given in accordance with G.S. 150B-21.2 that the Criminal Justice Education and Training Standards Commission intends to amend the rules cited as 12 NCAC 09B .0106, .0203, .0305; 09D .0102, .0202; 09E .0102, .0105; and 09G .0206, .0309, .0311, .0602. Link to agency website pursuant to G.S. 150B-19.1(c): http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and- Standards/Criminal-Justice-Education-and-Training- Standards/Forms-and-Publications.aspx Proposed Effective Date: May 1, 2012 Public Hearing: Date: February 23, 2012 Time: 1:00 p.m. Location: Wake Technical Community College, Public Safety Education Campus, 321 Chapanoke Rd., Raleigh, NC 27603 Reason for Proposed Action: 12 NCAC 09B .0106 – Amended to clarify what constitutes a passing score on the GED exam. 12 NCAC 09B .0203 – Amended to exempt partial enrollees who hold general law enforcement certification or who have held general certification within 12 months prior to the date of enrollment in a BLET course from being required to take a reading comprehension exam. 12 NCAC 09B .0305; 09G .0311 – Changes the requirement for instructors to recertify by removing the requirement for instructors to teach in an area of specialized instruction when such area was added to an existing instructor certification with less than 12 months left until the end of the instructor's certification period. 12 NCAC 09D .0102, .0202; 09G .0602 – The Commission wishes to prohibit an officer from receiving an award when the officer is "subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission." 12 NCAC 09E .0102, .0105 – The Commission has changed the required topics for annual In-Service training for law enforcement officers. The following topics have been removed: Career Survival: Leadership and Mentoring (4 hours); Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding (2 hours); and Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships (2 hours.). The following topics have been added: Career Survival: Social Networking and Digital Communications (4 hours); Juvenile Minority Sensitivity Training: Skills in Building Rapport (2 hours); Awareness of Issues Surrounding Returning Military Personnel (2 hours). 12 NCAC 09E .0105 – The Criminal Justice Standards Division has moved and the new physical address has been amended in the rule. 12 NCAC 09G .0206 – An error was made during the rule amendment process in 2009 resulting in the inadvertent omission of one line of text in the rule which stated that convicted felons could not be certified with the Department of Correction. The Commission wishes to reinstate the prohibition for certifying convicted felons. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1082 12 NCAC 09G .0309 – Amended to require a probationary instructor to teach 12 hours instead of 8 hours during the probationary period. This change is consistent with the requirement for other criminal justice instructors. Procedure by which a person can object to the agency on a proposed rule: The objection, reasons for the objection, and the clearly identified portion of the rule to which the objection pertains, must be submitted in writing to Teresa Marrella, Department of Justice, Criminal Justice Standards Division, P.O. Drawer 149, Raleigh, NC 27602. Comments may be submitted to: Teresa Marrella, Criminal Justice Standards Division, P.O. Drawer 149, Raleigh, NC 27602; phone (919) 661-5980; fax (919) 779-8210; email tmarrella@ncdoj.gov Comment period ends: April 2, 2012 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal impact (check all that apply). State funds affected Environmental permitting of DOT affected Analysis submitted to Board of Transportation Local funds affected Date submitted to OSBM: Substantial economic impact (≥$500,000) Approved by OSBM No fiscal note required CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS SUBCHAPTER 09B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING SECTION .0100 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT 12 NCAC 09B .0106 DOCUMENTATION OF EDUCATIONAL REQUIREMENTS (a) Each applicant for employment as a criminal justice officer shall furnish to the employing agency documentary evidence that the applicant has met the educational requirements for the criminal justice field of expected employment. (b) Documentary evidence of educational requirements shall consist of official transcripts of courses completed or diplomas received from a school which meets the approval guidelines of either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or comparable out-of-state agency. The Director of the Standards Division shall determine whether other types of documentation will be permitted in specific cases. High school diplomas earned through correspondence enrollment are not recognized toward these minimum educational requirements. (c) Documentary evidence of completion of having passed the General Educational Development Test shall be satisfied by a certified copy of GED test results results. showing a total score of not less than 225 points and a minimum score on any single test of 35 points. A certified copy of a military GED diploma may be used as alternate evidence of GED completion. Authority G.S. 17C-6; 17C-10. SECTION .0200 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOLS AND CRIMINAL JUSTICE TRAINING PROGRAMS OR COURSES OF INSTRUCTION 12 NCAC 09B .0203 ADMISSION OF TRAINEES (a) The school director shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who is not a citizen of the United States. (b) The school shall not admit any individual younger than 20 years of age as a trainee in any non-academic basic criminal justice training course. Individuals under 20 years of age may be granted authorization for early enrollment as trainees in a presentation of the Basic Law Enforcement Training Course with prior written approval from the Director of the Standards Division. The Director shall approve early enrollment as long as the individual turns 20 years of age prior to the date of the State Comprehensive Examination for the course. (c) The school shall give priority admission in certified criminal justice training courses to individuals holding full-time employment with criminal justice agencies. (d) The school shall not admit any individual as a trainee in a presentation of the "Criminal Justice Instructor Training Course" who does not meet the education and experience requirements for instructor certification under Rule .0302(1) of this Subchapter within 60 days of successful completion of the Instructor Training State Comprehensive Examination. (e) The school shall not admit an individual, including partial or limited enrollees, as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has taken the reading component of a nationally standardized test within one year prior to admission to Basic Law Enforcement Training and has scored at or above the tenth grade level, or the equivalent. A nationally standardized test is a test that: PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1083 (1) For the purpose of this Rule, partial or limited enrollee does not include enrollees who currently hold general certification or who have held general certification within 12 months prior to the date of enrollment. (2) A nationally standardized test is a test that: (1)(A) reports scores as national percentiles, stanines or grade equivalents; and (2)(B) compares student test results to a national norm. (f) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual has provided to the School Director a medical examination report, completed by a physician licensed to practice medicine in North Carolina, a physician's assistant, or a nurse practitioner, to determine the individual's fitness to perform the essential job functions of a criminal justice officer. The Director of the Standards Division shall grant an exception to this standard for a period of time not to exceed the commencement of the physical fitness topical area when failure to timely receive the medical examination report is not due to neglect on the part of the trainee. (g) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual is a high school graduate or has passed the General Educational Development Test indicating high school equivalency. High school diplomas earned through correspondence enrollment are not recognized toward the educational requirements. (h) The school shall not admit any individual trainee in a presentation of the Basic Law Enforcement Training Course unless as a prerequisite the individual has provided the certified School Director a certified criminal record check for local and state records for the time period since the trainee has become an adult and from all locations where the trainee has resided since becoming an adult. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check will satisfy this requirement. (i) The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who has been convicted of the following: (1) a felony; (2) a crime for which the punishment could have been imprisonment for more than two years; (3) a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of application for employment unless the individual intends to seek certification through the North Carolina Sheriffs' Education and Training Standards Commission; (4) four or more crimes or unlawful acts as defined as "Class B Misdemeanors" regardless of the date of conviction; (5) four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction occurred more than two years prior to the date of enrollment; (6) a combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction unless the individual intends to seek certification through the North Carolina Criminal Justice Education and Training Standards Commission. (j) Individuals charged with crimes as specified in Paragraph (i) of this Rule, and such offenses were dismissed or the person was found not guilty, may be admitted into the Basic Law Enforcement Training Course but completion of the Basic Law Enforcement Training Course does not ensure that certification as a law enforcement officer or justice officer through the North Carolina Criminal Justice Education and Training Standards Commission will be issued. Every individual who is admitted as a trainee in a presentation of the Basic Law Enforcement Training Course shall notify the School Director of all criminal offenses which the trainee is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of, and notify the School Director of all Domestic Violence Orders (G.S. 50B) which are issued by a judicial official that provide an opportunity for both parties to be present. This includes all criminal offenses except minor traffic offenses and specifically includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI). A minor traffic offense is defined, for the purposes of this Paragraph, as an offense where the maximum punishment allowable by law is 60 days or less. Other offenses under G.S. 20 (Motor Vehicles) or other similar laws of other jurisdictions which shall be reported to the School Director include G.S. 20-139 (persons under influence of drugs), G.S. 20-28 (driving while license permanently revoked or permanently suspended), G.S. 20-30(5) (fictitious name or address in application for license or learner's permit), G.S. 20- 37.8 (fraudulent use of a fictitious name for a special identification card), G.S. 20-102.1 (false report of theft or conversion of a motor vehicle), G.S. 20-111(5) (fictitious name or address in application for registration), G.S. 20-130.1 (unlawful use of red or blue lights), G.S. 20-137.2 (operation of vehicles resembling law enforcement vehicles), G.S. 20-141.3 (unlawful racing on streets and highways), G.S. 20-141.5 (speeding to elude arrest), and G.S. 20-166 (duty to stop in event of accident). The notifications required under this Paragraph must be in writing, must specify the nature of the offense, the court in which the case was handled, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order (G.S. 50B), the final disposition, and the date thereof. The notifications required under this Paragraph must be received by the School Director within 30 days of the date the case was disposed of in court. The requirements of this Paragraph are applicable at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course. The requirements of this Paragraph are in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101(8). Authority G.S. 17C-6; 17C-10. SECTION .0300 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE INSTRUCTORS PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1084 12 NCAC 09B .0305 TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification, except as set out in (d). The applicant must apply for certification as a specialized instructor within 60 days from the date of completion of a specialized instructor course. (b) The terms of certification as a specialized instructor is determined by the expiration date of the existing General Instructor Certification. The following requirements apply during the initial period of certification: (1) where certification for both general probationary instructor and Specialized Instructor Certification is issued on the same date, the instructor is required to satisfy the teaching requirement for only the general probationary instructor certification. The instructor may satisfy the teaching requirement for the general probationary instructor certification by teaching any specialized topic for which certification has been issued; (2) when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the general certification by teaching the specialized subject for which certification has been issued; (3) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are 12 months or more until the certification expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; (4) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are less than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject. (c) The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification. The application for renewal shall contain, in addition to the requirements listed in Rule .0304 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period. Such documentary evidence shall include the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted and such instruction must be in a Commission-accredited training course or a Commission-recognized in-service training course. Acceptable documentary evidence shall include official Commission records submitted by School Directors or in-service training coordinators and written certification from a School Director or in-service training coordinator; and (2) proof that the applicant has, within the three year period preceding application for renewal, attended and successfully completed any instructor updates that have been issued by the Commission. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In- Service Training Coordinators, or copies of certificates of completion issued by the institution which provided the instructor updates; and (3) either: (A) a favorable written recommendation from a School Director or In-Service Training Coordinator completed on a Commission Renewal of Instructor and Professional Lecturer Certification Form that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of Specialized Instructor Certification; or (B) a favorable evaluation by a Commission or staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three-year period of Specialized Instructor Certification. Such evaluation shall be certified on a Commission Instructor Evaluation Form. In addition, instructors evaluated by a Commission or staff member must also teach at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Upon submission of the required documentation for renewal the Commission staff shall renew the certification as a Specialized Instructor. Such renewal shall occur at the time of renewal of the General Instructor certification. (d) Certification as a specialized instructor in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1085 areas as outlined in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) of this Section, specifically those certifications not based upon General Instructor Certification, shall remain in effect for 36 months from the date of issuance. During the 36 month term all non-Commission certificates required in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) for specialized instructor certification in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas must be maintained. (e) All instructors shall remain active during their period of certification. If an instructor does not teach at least 12 hours in each of the topic areas for which certification is granted, the certification shall not be renewed for those topics in which the instructor failed to teach. Any specialized instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not teach at least 12 hours in each of the specialized topics during the three year period for which certification was granted. Upon application for re-certification, such applicants shall meet the requirements of Rule .0304 of this Section. (f) The use of guest participants in a delivery of the "Basic Law Enforcement Training Course" is permissible. However, such guest participants are subject to the direct on-site supervision of a Commission-certified instructor and must be authorized by the School Director. A guest participant shall only be used to complement the primary certified instructor of the block of instruction and shall in no way replace the primary instructor. Authority G.S. 17C-6. SUBCHAPTER 09D – PROFESSIONAL CERTIFICATE PROGRAMS SECTION .0100 - LAW ENFORCEMENT OFFICERS' PROFESSIONAL CERTIFICATE PROGRAM 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. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (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) 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. (6) Full-time, paid employees of a law enforcement agency within the State who have successfully completed a 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 law enforcement training shall equal one point; (3) Only experience as a full-time, sworn, paid member of a law enforcement agency or equivalent experience shall be acceptable for consideration. Authority G.S. 17C-6. SECTION .0200 - CRIMINAL JUSTICE OFFICERS' PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09D .0202 GENERAL PROVISIONS (a) The officer shall presently hold general criminal justice officer certification. A person serving under a probationary certification is not eligible for consideration. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (b) The officer shall hold general certification with the Commission in the category of state youth services officer. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1086 (c) The officer shall be a permanent, paid member of a criminal justice agency within the State. (d) Permanent, paid employees of the Department of Juvenile Justice and Delinquency Prevention, who have successfully completed a Commission-accredited criminal justice officer basic training program and have previously held general certification as specified in 12 NCAC 09D .0202(a)(1) and 12 NCAC 09D .0202(a)(2), but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the professional certificate program. Eligibility for this exception requires continuous employment with the Department of Juvenile Justice and Delinquency Prevention from the date of promotion or transfer from a certified position to the date of application for a professional certificate. (e) Each semester hour of college credit shall equal one point and each quarter hour shall equal two-thirds of a point; (f) Twenty classroom hours of Commission-approved criminal justice training shall equal one point; (g) Only experience as a permanent, paid member of a criminal justice agency or the equivalent experience as determined by the Commission shall be acceptable of consideration. (c) Separate sub-programs will be administered as follows: The Youth Services Certificate is appropriate for permanent, paid state youth services officers employed by the Department of Juvenile Justice and Delinquency Prevention. Authority G.S. 17C-6. SUBCHAPTER 09E – IN-SERVICE TRAINING PROGRAMS SECTION .0100 - LAW ENFORCEMENT OFFICER'S IN-SERVICE TRAINING PROGRAM 12 NCAC 09E .0102 REQUIRED ANNUAL IN-SERVICE TRAINING TOPICS The following topical areas are hereby established as minimum topics and hours to be included in the law enforcement officers' annual in-service training program: (1) Firearms Training and Qualification (4); (2) Legal Update (4); (3) Career Survival: Leadership and Mentoring Social Networking and Digital Communications (4); (4) Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding Interaction Skills in Building Rapport (2); (5) Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships Awareness of Issues Surrounding Returning Military Personnel (2); and (6) Department Topics of Choice (8). Authority G.S. 17C-6; 17C-10. 12 NCAC 09E .0105 MINIMUM TRAINING SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING (a) The following specifications shall be incorporated in each law enforcement agency's annual in-service training courses: (1) Firearms: (A) Use of Force: review the authority to use deadly force [G.S. 15A- 401(d)(2)] including the relevant case law and materials; (B) Safety: (i) range rules and regulations; (ii) handling of a firearm; and (iii) malfunctions; (C) Review of Basic Marksmanship Fundamentals: (i) grip, stance, breath control and trigger squeeze; (ii) sight and alignment/sight picture; and (iii) nomenclature; and (2) Legal Update (4); (3) Career Survival: Leadership and Mentoring Social Networking and Digital Communications (4); (4) Juvenile Minority Sensitivity Training: Interactions, Communications and Understanding Interaction Skills in Building Rapport (2); (5) Domestic Violence: Lesbian, Gay, Bi-Sexual and Transgender (LGBT) Relationships Awareness of Issues Surrounding Returning Military Personnel (2); and (6) Department Topics of Choice (8). (b) The "Specialized Firearms Instructor Training Manual" as published by the North Carolina Justice Academy shall be applied as a guide for conducting the annual in-service firearms training program. Copies of this publication may be inspected at the office of the agency: Criminal Justice Standards Division North Carolina Department of Justice 114 West Edenton Street 1700 Tryon Park Drive Old Education Building Post Office Drawer 149 Raleigh, North Carolina 27602 27610 (c) The In-Service Lesson Plans as published by the North Carolina Justice Academy shall be applied as a minimum curriculum for conducting the annual in-service training program. Copies of this publication may be inspected at the office of the agency: Criminal Justice Standards Division North Carolina Department of Justice 114 West Edenton Street 1700 Tryon Park Drive Old Education Building Post Office Drawer 149 Raleigh, North Carolina 27602 27610 and may be obtained at cost from the Academy at the following address: North Carolina Justice Academy Post Office Drawer 99 PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1087 Salemburg, North Carolina 28385 Authority G.S. 17C-6; 17C-10. SUBCHAPTER 09G - STANDARDS FOR CORRECTIONS EMPLOYMENT, TRAINING, AND CERTIFICATION SECTION .0200 - MINIMUM STANDARDS FOR CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, AND PROBATION/PAROLE OFFICERS-SURVEILLANCE 12 NCAC 09G .0206 MORAL CHARACTER Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall demonstrate good moral character as evidenced by, but not limited to: (1) not having been convicted of a felony; (1)(2) not having been convicted of a misdemeanor as defined in 12 NCAC 09G .0102(9) for three years or the completion of any corrections supervision imposed by the courts whichever is later; (2)(3) not having been convicted of an offense that, under 18 USC 922(g)(8), 922,would prohibit the possession of a firearm or ammunition; (3)(4) having submitted to and produced a negative result on a drug test within 60 days of employment or any in-service drug screening required by the Department of Correction which meets the certification standards of the Department of Health and Human Services for Federal Workplace Drug Testing Programs, copies of which may be obtained from National Institute on Drug Abuse, 5600 Fisher Lane, Rockville, Maryland 20857 at no cost, to detect the illegal use of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites; (4)(5) submitting to a background investigation consisting of: (a) verification of age; (b) verification of education; and (c) criminal history check of local, state, and national files; and (5)(6) being truthful in providing all required information as prescribed by the application process. Authority G.S. 17C-6; 17C-10. SECTION .0300 - CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, PROBATION/PAROLE OFFICERS-INTERMEDIATE, AND INSTRUCTORS 12 NCAC 09G .0309 TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for certification as a general instructor shall, for the first 12 months of certification, be in a probationary status. The General Instructor Certification, Probationary Status, shall automatically expire 12 months from the date of issuance. (b) The probationary instructor shall be eligible for full general instructor status if the instructor, through application at the end of the probationary period, submits to the Commission: (1) a favorable recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of eight twelve hours in a Commission-certified course or a Commission-recognized in-service training course during the probationary year. The results of the student evaluation of the instructor must be considered by the School Director when determining recommendation; or (2) a written evaluation by a staff member, based on an on-site classroom evaluation of the probationary instructor in a Commission-certified course or a Commission-recognized in-service training course. Such evaluation shall be certified on a Commission Instructor Evaluation Form. In addition, instructors evaluated by a staff member must also teach a minimum of eight 12 hours in a Commission-certified training course or a Commission-recognized in-service training course. (c) The term of certification as a general instructor is three years from the date the Commission issues the certification. The certification may subsequently be renewed by the Commission for three year periods. The application for renewal shall contain, in addition to the requirements listed in 12 NCAC 09G .0308 documentary evidence indicating that the applicant has remained active in the instructional process during the previous three year period. Such documentary evidence shall include, at a minimum, the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed a minimum of 12 hours in a Commission-certified training course or a Commission-recognized in-service training course; and (2) either: (A) a favorable written recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of twelve hours in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of general certification; or PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1088 (B) a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three year period of General Instructor Certification. (d) If an instructor does not teach a minimum of 12 hours during the period of certification, the certification shall not be renewed, and the instructor shall file application for General Instructor Certification, Probationary Status. Such applicants shall be required to meet the minimum requirements of 12 NCAC 09G .0308 of this Section. (e) All instructors shall have 90 days from the date of the expiration of their instructor certification to submit an application for renewal along with documentation of having met the minimum requirements of Paragraph (c) of this Rule during the previous certification period. The prescribed 90 day period shall not extend the instructor certification period beyond its specified expiration period. If the renewal application is not submitted within 90 days from the expiration of the previous certification, the applicant will be required to meet the minimum requirements for general instructor certification as specified in Rule .0302 of this Section. Authority G.S. 17C-6. 12 NCAC 09G .0311 TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION (a) An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification. The applicant must apply for certification as a specialized instructor within 60 days from the date of completion of a specialized instructor course. (b) The terms of certification as a specialized instructor shall be determined by the expiration date of the existing General Instructor Certification. The following requirements shall apply during the initial period of certification: (1) where certification for both general probationary instructor and Specialized Instructor Certification is issued on the same date, the instructor shall only be required to satisfy the teaching requirement for the general probationary instructor certification. The instructor may satisfy the teaching requirement for the general probationary instructor certification by teaching any specialized topic for which certification has been issued; (2) when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the General Certification by teaching the specialized subject for which certification has been issued; and (3) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are 12 months or more until the certification expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; (4) where Specialized Instructor Certification becomes concurrent with an existing 36 month period of General Instructor Certification, and there are less than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject. (c) The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification. The certification may subsequently be renewed by the Commission at the time of renewal of the full General Instructor Certification. The application for renewal shall contain, in addition to the requirements listed in 12 NCAC 09G .0310 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three year period. Such documentary evidence shall include the following: (1) proof that the applicant has, within the three year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted and such instruction must be in a Commission-certified training course or a Commission-recognized in-service training course. Acceptable documentary evidence shall include official Commission records submitted by School Directors and written certification from a School Director; and (2) either: (A) a favorable written recommendation from a School Director accompanied by certification that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted. Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of Specialized Instructor Certification; or (B) a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three year period of Specialized Instructor Certification. PROPOSED RULES 26:15 NORTH CAROLINA REGISTER FEBRUARY 1, 2012 1089 (d) If an instructor does not teach at least 12 hours in each of the topic areas for which certification is granted, the certification shall not be renewed for those topics in which the instructor failed to successfully teach. Any specialized instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not successfully teach at least eight hours in each of the specialized topics during the three year period for which certification was granted. Upon application for re-certification, such applicants shall be required to meet the requirements of 12 NCAC 09G .0310. Authority G.S. 17C-6. SECTION .0600 - PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09G .0602 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, except as provided for in 12 NCAC 09G .0602(a)(4): (1) The officer shall presently hold general corrections officer certification. A person serving under a probationary certification is not eligible for consideration. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding. (2) The officer shall hold general certification with the Commission in one of the following categories: (A) correctional officer; (B) probation/parole officer; or (C) probation/parole officer-intermediate. (3) The officer shall be a permanent, full-time, paid employee of the North Carolina Department of Correction. (4) Permanent, paid employees of the Department of Correction who have successfully completed a Commission-accredited Commission-certified corrections officer basic training program and have previously held general certification as specified in 12 NCAC 09G .0602(a)(1) and 12 NCAC 09G .0602(a)(2), but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the professional certificate program. Eligibility for this exception requires continuous employment with the Department of Correction from the date of promotion or transfer from a certified position to the date of application for a professional certificate. (b) Awards are based upon a formula which combines formal education, corrections training, and actual experience as a corrections 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) 20 classroom hours of Commission-approved corrections training shall equal one point; (3) only experience as a permanent, paid employee of the North Carolina Department of Correction or the equivalent experience as determined by the Commission shall be acceptable of consideration. Point requirements for each award are described in 12 NCAC 09G .0604 and .0605. (c) Certificates shall be awarded in an officer's area of expertise only. The State Corrections Certificate is appropriate for permanent, paid corrections employees employed by the North Carolina Department of Correction. 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 Environmental Management Commission intends to amend the rule cited as 15A NCAC 02D .0544. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncair.org/rules/hea |
OCLC number | 13686205 |