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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 17 ● Pages 1284 - 1433 March 1, 2012 I. IN ADDITION Decision Letters on "Changes Affecting Voting" from US Attorney General 1284 DHHS – Notice of Receipt of Periodic Report ............................................... 1285 II. PROPOSED RULES Health and Human Services, Department of Blind, Commission for the .............................................................................. 1286 – 1288 Social Services Commission ........................................................................... 1288 – 1291 Occupational Licensing Boards and Commissions Athletic Trainer Examiners, Board of ............................................................. 1291 – 1292 Nursing, Board of ............................................................................................ 1292 – 1298 III. APPROVED RULES ........................................................................................ 1299 – 1329 Commerce, Department of ABC Commission Environment and Natural Resources, Department of Marine Fisheries Commission Sedimentation Control Commission Water Treatment Facility Operators Certification Board Wildlife Resources Commission Health and Human Services, Department of Child Care Commission Justice, Department of Alarm Systems Licensing Board Sheriff's Education and Training Standards Commission Occupational Licensing Boards and Commissions Certified Public Accountant Examiners, Board of Cosmetic Art Examiners, Board of Medical Board Podiatry Examiners, Board of Real Estate Commission IV. RULES REVIEW COMMISSION ................................................................. 1330 – 1342 V. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1343 – 1348 Text of ALJ Decisions 10 DOJ 00583 ................................................................................................. 1349 – 1355 10 DOJ 05279 ................................................................................................. 1356 – 1374 11 DOJ 6784 ................................................................................................... 1375 – 1382 10 EHR 6501 ................................................................................................... 1383 – 1400 10 OSP 6901 ................................................................................................... 1401 – 1422 10 OSP 05078 ................................................................................................. 1423 – 1433 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. IN ADDITION 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1284 IN ADDITION 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1285 PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1286 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 Commission for the Blind intends to amend the rule cited as 10A NCAC 63F .0402. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dsb Proposed Effective Date: July 1, 2012 Public Hearing: Date: March 16, 2012 Time: 1:00 p.m. Location: 309 Ashe Avenue, Fisher Building, Raleigh, NC 27606 Reason for Proposed Action: The Division of Services for the Blind, in conjunction with the Commission for the Blind, is initiating a change to the Economic Needs Schedule (10A NCAC 63F .0402 Economic Needs Policies). This rule change will allow eligible individuals who are visually impaired to obtain assistive technology, as well as books and cost for fees related to post-secondary education regardless of economic income. The assistive technology and training must be identified as necessary services on their Individualized Plan for Employment in order to attain their employment goal. Procedure by which a person can object to the agency on a proposed rule: Submit written objections to Eddie Weaver, Director, Division of Services for the Blind at 309 Ashe Avenue, Raleigh, NC 27606 or 2601 Mail Service Center, Raleigh, NC 27699-2601. Comments may be submitted to: Mary Flanagan, 309 Ashe Avenue, Raleigh, NC 27606 or 2601 Mail Service Center, Raleigh, NC 27699-2601; phone (919) 733-9822; fax (919) 733- 9769; email mary.flanagan@dhhs.nc.gov Comment period ends: April 30, 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 63 - SERVICES FOR THE BLIND SUBCHAPTER 63F - VOCATIONAL REHABILITATION SECTION .0400 - ECONOMIC NEED 10A NCAC 63F .0402 ECONOMIC NEEDS POLICIES (a) The Division of Services for the Blind shall establish economic need for each eligible consumer either simultaneously with or prior to the provision of those services for which the Division requires a needs test. The financial need of a consumer shall be determined by the financial needs test specified in Rule .0403 of this Section. If the consumer has been determined eligible for Social Security benefits under Title II or XVI of the Social Security Act, the Division of Services for the Blind shall not apply a financial needs tests or require the financial participation of the consumer. A financial needs test shall be applied for all consumers determined eligible to receive services through the Independent Living Rehabilitation Program regardless of SSA Title II or Title XVI eligibility. (b) The Division of Services for the Blind shall furnish the following services not conditioned on economic need: (1) an assessment for determining eligibility and priority for services except those non-assessed services that are provided during an exploration of the applicant's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences or an extended evaluation and an assessment by personnel skilled in rehabilitation technology; PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1287 (2) assessment for determining rehabilitation needs by a qualified vocational rehabilitation counselor; (3) vocational rehabilitation counseling and guidance, including information and support services to assist an applicant or consumer in exercising informed choice; (4) tuition and supplies for Community Rehabilitation Program training; (5) tuition and fees for: (A) community college/college parallel and vocational programs up to the catalog rate; and (B) post-secondary education up to the maximum rate charged for the North Carolina public university system. The Division shall require eligible consumers applying for training programs listed in Parts (b)(5)(A) and (B) of this Rule to first apply for all available grants and financial aid. The Division may grant an exception to the rate for tuition and required fees for post-secondary education specified in Part (b)(5)(B) of this Rule when necessary to accommodate the special training needs of severely disabled individuals who must be enrolled in special programs designed for severely physically disabled students; (6) interpreter services including sign language and oral interpreter services for applicants or consumers who are deaf or hard of hearing and tactile interpreting services for applicants or consumers who are deaf-blind; (7) reader services, rehabilitation teaching services, and orientation and mobility services; (8) job-related services, including job search, job placement employment assistance and job retention services; (9) DSB Rehabilitation Center or fundamental independent living rehabilitation adjustment services including transportation and training supplies contingent on a consumer's participation in the program; (10) diagnostic transportation; (11) on-the-job training; (12) training and associated maintenance and transportation costs for Business Enterprises Program trainees; (13) upward mobility training and associated maintenance and transportation costs for Business Enterprises Program trainees; (14) equipment and initial stocks and supplies for state-owned (Randolph-Sheppard) vending stands; (15) Supported Employment Services; (16) personal assistance services provided while a consumer with a disability is receiving vocational rehabilitation services; (17) referral and other services designed to assist applicants or consumers with disabilities in securing needed services from other agencies through agreements developed under Section 101(a)(11) of the Act (P.L. 102-569), if such services are not available under this Act and to advise those individuals about client assistance programs established under the Act; (18) transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the student's individualized plan for employment except for those services based on economic need; and (19) technical assistance and other consultation services to consumers who are pursuing self-employment or telecommuting or establishing a business operation as an employment outcome. (c) The following services shall be provided by the Division of Services for the Blind and conditioned on economic need: (1) physical and mental restoration services (medical services other than diagnostic); (2) maintenance for additional costs incurred while participating in rehabilitation; (3) transportation in connection with the rendering of any vocational rehabilitation service except where necessary in connection with determination of eligibility or nature and scope of services; (4) services to members of a disabled consumer's family necessary to the adjustment or rehabilitation of the consumer with a disability; (5) rehabilitation technology including telecommunications, sensory, and other technological aids and devices; (6)(5) post-employment services necessary to assist consumers with visual disabilities to maintain, regain or advance in employment except for those services not conditioned on economic need listed in Paragraph (b) of this Rule; (7)(6) fees necessary to obtain occupational licenses; (8)(7) tools, equipment, and initial stocks and supplies for items listed in Subparagraphs (1) through (7) of this Paragraph; (9)(8) expenditures for short periods not to exceed 30 days of medical care for acute conditions arising during the course of vocational rehabilitation, which if not cared for, will constitute a hazard to the achievement of the vocational rehabilitation objective; and (10) books and other training materials; and (11)(9) other goods and services not prohibited by the Act (P.L. 102-569), which can reasonably be expected to benefit an individual with a disability in terms of his employability or independent living skill development. (d) Notwithstanding Paragraph (c) of this Rule, the following services are not subject to economic need for individuals being served through the Vocational Rehabilitation Program: PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1288 (1) books and other training materials required for post secondary training; and (2) rehabilitation technology including telecommunications, sensory aids, and other technological aids and devices for consumers who have an Individualized Plan for Employment (IPE), who are working toward an employment goal that requires specified technology to attain, regain, or maintain employment and who have the capability to use the equipment. (d)(e) The Division of Services for the Blind shall publish the standard as determined by the Legislature for measuring the financial need of consumers with respect to normal living requirements and for determining their financial ability to meet the cost of necessary rehabilitation services, and for determining the amount of agency supplementation required to procure the necessary services. Authority G.S. 111-28; 34 C.F.R. 361.48; 34 C.F.R. 361.5; 34 C.F.R. 361.52; 34 C.F.R. 361.54; P.L. 102-569, Section 103; S.L. 2009-475. * * * * * * * * * * * * * * * * * * * * Notice is hereby given in accordance with G.S. 150B-21.2 that the Social Services Commission intends to repeal the rules cited as 10A NCAC 67A .0109; 68 .0201, .0207; 71E .0101-.0109; 71U .0202, .0301, .0304; 71V .0101; 71W .0102, .0201, .0301, .0401-.0402, .0406, .0409, .0411, .0501, .0701-.0703, .0705- .0711, .0801-.0803, .0901-.0904; and 71X .0101-.0108, .0201- .0210, .0301-.0304, .0401-.0413. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dss/sscommission/pubnot.htm Proposed Effective Date: July 1, 2012 Public Hearing: Date: April 30, 2012 Time: 10:00 a.m. Location: Division of Social Services, Albermarle Building, Suite 832, 325 North Salisbury Street, Raleigh, NC 27603 Reason for Proposed Action: 10A NCAC 67A .0109 – This Rule refers to a formula used to determine disbursements of equalizing funds to county department of social services. In 1997, this formula was discontinued. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because it is outdated/unnecessary. 10A NCAC 68 .0201 – This Rule refers to any person wishing to request the adoption, amendment, or repeal of a rule by the Director of the Division of Social Services. This Rule is no longer valid. The authority of the rule making process is governed by the Social Services Commission. Our agency identified during Internal Review of Rules (EO70) as needing to repeal this Rule because it is outdated/unnecessary. 10A NCAC 68 .0207 – This Rule refers to fees charged by the Director to persons requesting information from the Director's Office. This Rule is outdated due to the Director's Office does not charge for information requests. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because it is outdated/unnecessary. 10A NCAC 71E .0101-.0109 – The Resident Evaluation (RES) was never implemented statewide. The pilot phase for implementation of RES, including use of the automated Resident Assessment Instrument-Assisted Living-North Carolina (RAI-AL-NC), was scheduled to begin July 2002. The RES pilot includes county DSSs, area mental health programs, and adult care home providers. During development of the software application for the RAI-AL-NC, the State's budget outlook significantly worsened. The budget shortfall projected for the next two years had significant implications for the implementation of RES. RES was to be a Medicaid funded program with a $1.2 million state appropriation to support it. To become operational statewide, the RES program would have needed additional state funds totaling at least $3,500,000. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0202 – This Rule refers to Coupon Issuance which are no longer used for the program. The Food, Conservation, and Energy Act of 2008 directed that no state shall issue any coupon, stamp, certification, or authorization card to a household that receives supplemental nutrition assistance under this Act. Effective beginning on the date one year after the date of the enactment, only an EBT card issued shall be eligible for exchange at any retail food store. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0301 – This Rule requires a specific form be used as verification of income for Farmers or Day Laborers. Federal Regulations, CFR 273.2(f)(4), state that although documentary evidence shall be the primary source of verification, acceptable verification shall not be limited to any single type of document and may be obtained through the household or other source. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0304 – This Rule refers to transmittal of ATP cards which are no longer used for the program. The Food, Conservation, and Energy Act of 2008 directed that no State shall issue any coupon, stamp, certification, or authorization card to a household that receives supplemental nutrition assistance under this Act. Effective beginning on the date one year after the date of the enactment, only an EBT card issued shall be eligible for exchange at any retail food store. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71V .0101 – This Rule refers to a process that is no longer used. Currently, administrative dollars are allocated based on the percentage of estimated Low Income Energy Assistance Program dollars that will go to a county. The number of applications each county takes is also taken into consideration. This process allows for a more accurate and consistent allocation of administrative dollars based on each county's actual LIEAP dollars and applicants. Our agency PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1289 identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71W .0102, .0201, .0301, .0401-.0402, .0406, .0409, .0411, .0501, .0701-.0703, .0705-.0711, .0801-.0803, .0901- .0904 – These Rules applied to the AFDC program, which was abolished by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which established the Temporary Assistance for Needy Families (TANF) program. Under the TANF program, these Rules are either obsolete or the criteria have been addressed in the TANF State Plan. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71X .0101-.0108, .0201-.0210, .0301-.0304, .0401- .0413 – These Rules applied to the AFDC program, which was abolished by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which established the Temporary Assistance for Needy Families (TANF) program. Under the TANF program, these Rules are either obsolete or the criteria have been addressed in the TANF State Plan. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. Procedure by which a person can object to the agency on a proposed rule: Please submit your objection(s) in writing to Glenda Pearce, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699-2401 or email Glenda.pearce@dhhs.nc.gov; or by telephone at (919) 334- 1134. Comments may be submitted to: Glenda Pearce, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699- 2401; phone (919) 334-1134; fax (919) 334-1018; email glenda.pearce@dhhs.nc.gov Comment period ends: April 30, 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 Note: The Codifier of Rules has determined that publication of the complete text of these rules proposed to be repealed is impractical (G.S. 150B-17(b)). CHAPTER 67 – SOCIAL SERVICES - PROCEDURES SUBCHAPTER 67A – GENERAL ADMINISTRATION SECTION .0100 - ADMINISTRATION 10A NCAC 67A .0109 STATE PUBLIC ASSISTANCE EQUALIZING FUND Authority G.S. 108A-92; 143B-153. CHAPTER 68 - SOCIAL SERVICES: RULEMAKING SECTION .0200 - RULEMAKING: DIVISION DIRECTOR 10A NCAC 68 .0201 PETITIONS Authority G.S. 143B-10; 150B-16. 10A NCAC 68 .0207 FEES Authority G.S. 143B-10; 150B-11. CHAPTER 71 – ADULT AND FAMILY SUPPORT SUBCHAPTER 71E - RESIDENT EVALUATION SERVICES FOR ADULTS SECTION .0100 - GENERAL POLICIES 10A NCAC 71E .0101 DEFINITIONS 10A NCAC 71E .0102 AVAILABILITY OF THE SERVICE 10A NCAC 71E .0103 DEFINITION OF THE SERVICES 10A NCAC 71E .0104 TARGET POPULATION 10A NCAC 71E .0105 RESIDENT EVALUATION INSTRUMENT 10A NCAC 71E .0106 EVALUATION AND REFERRAL 10A NCAC 71E .0107 TRAINING REQUIREMENTS FOR RESIDENT EVLAUATORS 10A NCAC 71E .0108 METHODS OF SERVICE PROVISION 10A NCAC 71E .0109 CASE RECORD Authority G.S. 143B-153; S.L. 1999-237. SUBCHAPTER 71U - FOOD ASSISTANCE SECTION .0200 - MANUAL PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1290 10A NCAC 71U .0202 COUPON ISSUANCE Authority G.S. 108A-51; 143B-153; P.L. 104-193; 7 C.F.R. 274.2; 7 C.F.R. 274.3; U.S.C. 2011-2027. SECTION .0300 - FORMS 10A NCAC 71U .0301 FARMER OR DAY LABORER INCOME VERIFICATION Authority G.S. 143B-138(b)(5); 7 U.S.C. 2011 to 2026. 10A NCAC 71U .0304 TRANSMITTAL OF ATP CARDS Authority G.S. 143B-138, 143B-153; 7 U.S.C. 2011 to 2026. SUBCHAPTER 71V - LOW INCOME ENERGY ASSISTANCE PROGRAM 10A NCAC 71V .0101 FUNDING Authority G.S. 143B-153. SUBCHAPTER 71W - GENERAL PROGRAM ADMINISTRATION SECTION .0100 - GENERAL PROGRAM ADMINISTRATION 10A NCAC 71W .0102 GENERAL AFDC PROGRAM PROCEDURES Authority G.S. 143B-153. SECTION .0200 - COVERAGE 10A NCAC 71W .0201 OPTIONAL Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.10. SECTION .0300 - APPLICATION PROCESS 10A NCAC 71W .0301 ACCEPTANCE OF APPLICATION Authority G.S. 108A-43; 143B-153; 45 C.F.R. 206.10. SECTION .0400 - ELIGIBILITY FACTORS 10A NCAC 71W .0401 AGE 10A NCAC 71W .0402 SCHOOL ATTENDANCE Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.39. 10A NCAC 71W .0406 DEPRIVATION Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.90. 10A NCAC 71W .0409 NEED Authority G.S. 108A-25; 108A-33; 143B-153; 45 C.F.R. 233; c. 738, 1987 Session Laws. 10A NCAC 71W .0411 STATE WORK REQUIREMENT Authority G.S. 108A-29; 143B-153; 45 C.F.R. 233.10; 45 C.F.R. 233.20; 45 C.F.R. 250.30; 45 C.F.R. 250.34. SECTION .0500 - REDETERMINATION OF ELIGIBILITY 10A NCAC 71W .0501 CHANGES IN SITUATION Authority G.S. 143B-153; 45 C.F.R. 206.10. SECTION .0700 - EMERGENCY ASSISTANCE COVERAGE 10A NCAC 71W .0701 ELIGIBILITY FOR COVERAGE 10A NCAC 71W .0702 EMERGENCIES COVERED 10A NCAC 71W .0703 EMERGENCY NOT COVERED Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 233.120. 10A NCAC 71W .0705 TYPES OF ASSISTANCE PROVIDED 10A NCAC 71W .0706 METHODS OF PAYMENT 10A NCAC 71W .0707 APPLICATION AND DISPOSITION 10A NCAC 71W .0708 RESERVE 10A NCAC 71W .0709 INCOME 10A NCAC 71W .0710 RESERVE AND INCOME FOR SERVICES 10A NCAC 71W .0711 PROCEDURES Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 233.120. SECTION .0800 - UNEMPLOYED PARENT PROGRAM 10A NCAC 71W .0801 GENERAL PROCEDURES 10A NCAC 71W .0802 COVERAGE AND PARTICIPATION 10A NCAC 71W .0803 ELIGIBILITY VERIFICATIONS Authority G.S. 108A-28; 143B-153; Chapter 738, 1987 Session Laws. SECTION .0900 - TRANSITIONAL CHILD CARE 10A NCAC 71W .0901 GENERAL REQUIREMENTS 10A NCAC 71W .0902 METHODS OF PROVIDING CHILD CARE 10A NCAC 71W .0903 SLIDING FEE SCALE 10A NCAC 71W .0904 CHILD CARE RATES AND MAXIMUM PAYMENT Authority G.S. 108A-25; 143B-153; 45 C.F.R. Part 256. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1291 SUBCHAPTER 71X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM SECTION .0100 - ADMINISTRATION 10A NCAC 71X .0101 IMPLEMENTATION SCHEDULE 10A NCAC 71X .0102 COUNTY PLAN 10A NCAC 71X .0103 OPTIONAL COMPONENTS 10A NCAC 71X .0104 POST-SECONDARY EDUCATION 10A NCAC 71X .0105 PARTICIPATION RATE 10A NCAC 71X .0106 EXPENDITURE RATE 10A NCAC 71X .0107 APPLICANTS 10A NCAC 71X .0108 JOBS CASE MANAGEMENT Authority G.S. 108A-29; 143B-153; 42 U.S.C. 682(a)(2); 45 C.F.R. 250.11. SECTION .0200 - JOBS PARTICIPATION 10A NCAC 71X .0201 PARTICIPATION OF UNEMPLOYED PARENT IN EDUCATION 10A NCAC 71X .0202 CONCILIATION PROCEDURE 10A NCAC 71X .0203 ASSIGNMENT OF 16 AND 17 YEAR OLD CUSTODIAL PARENTS 10A NCAC 71X .0204 ASSIGNMENT OF 18 AND 19 YEAR OLD CUSTODIAL PARENTS 10A NCAC 71X .0205 ASSIGNMENT OF PARTICIPANTS 20 YEARS OF AGE OR OLDER 10A NCAC 71X .0206 SATISFACTORY PROGRESS IN AN EDUCATIONAL COMPONENT 10A NCAC 71X .0207 CONTINUATION IN PROGRAM COMPONENTS AFTER AFDC TERMINATION 10A NCAC 71X .0208 PROVISION OF CASE MANAGEMENT AND SUPPORTIVE SERVICES 10A NCAC 71X .0209 CRITERIA FOR SELF-INITIATED EDUCATION OR TRAINING 10A NCAC 71X .0210 SERVICES DURING GAPS IN PARTICIPATION Authority G.S. 108A-29; 143B-153; 42 U.S.C. 682(a)(2); 45 C.F.R. 255.2(d). SECTION .0300 - JOBS PROGRAM COMPONENTS AND ACTIVITIES 10A NCAC 71X .0301 JOBS COMPONENT EXPENSES 10A NCAC 71X .0302 WORK EXPERIENCE 10A NCAC 71X .0303 POST-SECONDARY EDUCATION 10A NCAC 71X .0304 ALTERNATIVE WORK EXPERIENCE Authority G.S. 143B-153; 45 C.F.R. 250.63(k); 42 U.S.C. 682(a)(2). SECTION .0400 - SUPPORTIVE SERVICES 10A NCAC 71X .0401 SUPPORTIVE SERVICES TO BE AVAILABLE IN JOBS COUNTIES 10A NCAC 71X .0402 HEALTH SUPPORT SERVICES 10A NCAC 71X .0403 IN-HOME AIDE SERVICES 10A NCAC 71X .0404 TRANSPORTATION SERVICES 10A NCAC 71X .0405 CHILD CARE TRANSPORTATION 10A NCAC 71X .0406 PERSONAL AND FAMILY COUNSELING 10A NCAC 71X .0407 INDIVIDUAL AND FAMILY ADJUSTMENT SERVICES 10A NCAC 71X .0408 PARTICIPATION EXPENSES 10A NCAC 71X .0409 ONE-TIME WORK RELATED EXPENSES 10A NCAC 71X .0410 DAY CARE SERVICES FOR ADULTS 10A NCAC 71X .0411 SUPPORTIVE SERVICES TO BE AVAILABLE IN NON-JOBS COUNTIES 10A NCAC 71X .0412 SUPPORTIVE SERVICES LIMITS 10A NCAC 71X .0413 DEFINITION OF FAMILY MEMBER Authority G.S. 108A-29; 143B-153; 42 U.S.C. 602(g); 42 U.S.C. 682(a)(2); 45 C.F.R. 250.10; 45 C.F.R. 255.1(c); 45 C.F.R. 255.2(c)(2). TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS CHAPTER 03 – NORTH CAROLINA BOARD OF ATHLETIC TRAINER EXAMINERS Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Athletic Trainer Examiners intends to adopt the rules cited as 21 NCAC 03 .0202, .0310; and amend the rule cited as 21 NCAC 03 .0201. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncbate.org Proposed Effective Date: July 1, 2012 Public Hearing: Date: March 21, 2012 Time: 10:00 a.m. Location: NC Board of Athletic Trainer Examiners, 11A Glenwood Avenue, Raleigh, NC 27603 Reason for Proposed Action: 21 NCAC 03 .0201 – Increased costs for Board services and clarification of fees 21 NCAC 03 .0202, .0310 – Meeting statutory requirements Procedure by which a person can object to the agency on a proposed rule: Contact Paola Learoyd, Executive Director, in writing at NCBATE, P.O. Box 10769, Raleigh, NC 27605. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1292 Comments may be submitted to: Paola Learoyd, Executive Director, P.O. Box 10769, Raleigh, NC 27605; phone (919) 821- 4980; email paola@recanc.com Comment period ends: April 30, 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 SECTION .0200 - FEES 21 NCAC 03 .0201 FEES The following fees are payable to the Board by cash, check or money order: License Issuance Fee $100.00 $200.00 License Renewal Fee $ 50.00 $ 75.00 Reinstatement of Lapsed License Fee $75.00 $100.00 Duplicate License Fee $ 10.00 Reasonable Charges for Duplication Services and Materials. Authority G.S. 90-525; 90-534. 21 NCAC 03 .0202 SUSPENSION OF AUTHORITY AND ESCROW OF FUNDS The Board shall file the annual reports set forth in G.S. 93B-2 no later than October 31 of each year. In the event the Board fails to file the reports as required by G.S. 93B-2 and the Board's authority to expend any funds is suspended until such time as the Board files the required reports, the Board shall deposit any fees or funds received during the period of suspension into an escrow account established by the Board solely for this purpose. Authority G.S. 90-525. SECTION .0300 - RENEWAL OF LICENSE 21 NCAC 03 .0310 ARMED SERVICES EXTENSION FOR CREDENTIAL Upon receipt of a written request by or on behalf of a licensed athletic trainer who is currently in good standing with the Board, is serving in the armed forces of the United States, and to whom G.S. 105-249 authorizes an extension of time to file a tax return, the Board shall postpone renewal fees, renewal application deadlines, continuing education requirements and any other requirements or conditions related to the maintenance of the credential issued by the Board or to the renewal thereof for the same period of time as the extended period of time to file a tax return that is granted pursuant to G.S. 93B-15. Authority G.S. 90-525. * * * * * * * * * * * * * * * * * * * * CHAPTER 36 - BOARD OF NURSING Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Nursing intends to amend the rules cited as 21 NCAC 36 .0120, .0702-.0703, .0801, .0803-.0804, and .0808. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncbon.com Proposed Effective Date: July 1, 2012 Public Hearing: Date: May 17, 2012 Time: 1:00 p.m. Location: NC Board of Nursing Office, 4516 Lake Boone Trail, Raleigh, NC 27607 Reason for Proposed Action: 21 NCAC 36 .0120 – To clarify definition of APRN, expressly listing the four distinct roles; this is also consistent with national nomenclature for advanced practice registered nurses. 21 NCAC 36 .0702, .0703 – To bring the licensure compact rules in compliance with the Nurse Licensure Compact Administration Model Rules for the Nurse Licensure Compact, consistent with Article 9G of Chapter 90. 21 NCAC 36 .0801, .0803, .0804, .0808 – The NC Board of Nursing and the NC Medical Board recently reviewed the Nurse Practitioner rules to improve clarity and to be more in sync with the physician assistant process; correct references in rule and to change the years of inactive for the refresher course. Procedure by which a person can object to the agency on a proposed rule: Persons may submit objections to this rule by contacting Jean H. Stanley, APA Coordinator, NC Board of Nursing, P.O. Box 2129, Raleigh, NC 27602; fax (919) 781- 9461; email jeans@ncbon.com. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1293 Comments may be submitted to: Jean H. Stanley, NC Board of Nursing, P.O. Box 2129, Raleigh, NC 27602; fax (919) 781- 9461; email jeans@ncbon.com Comment period ends: May 17, 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 SECTION .0100 - GENERAL PROVISIONS 21 NCAC 36 .0120 DEFINITIONS The following definitions shall apply throughout this chapter unless the context indicates otherwise: (1) "Academic term" means one semester of a school year. (2) "Accountability/Responsibility" means being answerable for action or inaction of self, and of others in the context of delegation or assignment. (3) "Accredited institution" means an institution accredited by a United States Department of Education approved institutional accrediting body. (4) "Active Practice" means activities that are performed, either for compensation or without compensation, consistent with the scope of practice for each level of licensee as defined in G.S. 90-171.20(4), (7) and (8). (5) "Advanced Practice Registered Nurse (APRN)" means nurse practitioner, nurse anesthetist, nurse-midwife or clinical nurse specialist. for the purposes of Board qualification a nurse who meets the criteria specified in G.S. 90-171.21(d)(4). (6) "Assigning" means designating responsibility for implementation of a specific activity or set of activities to a person licensed and competent to perform such activities. (7) "Clinical experience" means application of nursing knowledge in demonstrating clinical judgment. (8) "Clinical judgment" means the application of the nursing student's knowledge, skills, abilities and experience in making decisions about client care. (9) "Competent" means having the knowledge, skills and ability to safely perform an activity or role. (10) "Continuing Competence" means the on-going acquisition and application of knowledge and the decision-making, psychomotor, and interpersonal skills expected of the licensed nurse resulting in nursing care that contributes to the health and welfare of clients served. (11) "Contact Hour" means 60 minutes of an organized learning experience. (12) "Continuing Education Activity" means a planned, organized learning experience that is related to the practice of nursing or contributes to the competency of the nurse as defined in 21 NCAC 36 .0223 Subparagraph (a)(2). (13) "Controlling institution" means the degree-granting organization or hospital under which the nursing education program is operating. (14) "Curriculum" means an organized system of teaching and learning activities directed toward the achievement of specified learning objectives/outcomes. (15) "Delegation" means transferring to a competent individual the authority to perform a selected nursing activity in a selected situation. The nurse retains accountability for the delegation. (16) "Dimensions of Practice" means those aspects of nursing practice that include professional responsibility, knowledge-based practice, legal/ethical practice and collaborating with others, consistent with G.S. 90-171.20(4), (7) and (8). (17) "Distance education" means the teaching/learning strategies used to meet the learning needs of students, when the students and faculty are separate from each other. (18) "Faculty directed clinical practice" means the responsibility of nursing program faculty in overseeing student clinical learning including the utilization of preceptors. (19) "Focused client care experience" means a clinical experience that simulates an entry-level work experience. The intent is to assist the student to transition to an entry-level practice. There is no specific setting requirement. Supervision may be by PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1294 faculty/preceptor dyad or direct faculty supervision. (20) "Interdisciplinary faculty" means faculty from professions other than nursing. (21) "Interdisciplinary team" means all individuals involved in providing a client's care, who cooperate, collaborate, communicate and integrate care to ensure that care is continuous and reliable. (22) "Level of Licensure" means practice of nursing by either a Licensed Practice Nurse or a Registered Nurse as defined in G.S. 90- 171.20(7) and (8). (23) "Level of student" means the point in the program to which the student has progressed. (24) "Maximum enrollment" means the total number of pre-licensure students that can be enrolled in the nursing program at any one time. The number reflects the capacity of the nursing program based on demonstrated resources sufficient to implement the curriculum. (25) "Methods of Instruction" means the planned process through which teacher and student interact with selected environment and content so that the response of the student gives evidence that learning has taken place. It is based upon stated course objectives/outcomes for learning experiences in classroom, laboratory and clinical settings. (26) "National Credentialing Body" means a credentialing body that offers certification or re-certification in the licensed nurse's or Advanced Practice Registered Nurse's specialty area of practice. (27) "NCLEX-PN™" means the National Council Licensure Examinations for Practical Nurses. (28) "NCLEX-RN™" means the National Council Licensure Examinations for Registered Nurses. (29) "Nursing Accreditation body" means a national nursing accrediting body, recognized by the United States Department of Education. (30) "Nursing program faculty" means individuals employed full or part time by academic institution responsible for developing, implementing, evaluation and updating nursing curricula. (31) "Nursing project" means a project or research study of a topic related to nursing practice that includes a problem statement, objectives, methodology and summary of findings. (32) "Participating in" means to have a part in or contribute to the elements of the nursing process. (33) "Pattern of noncompliance" means episodes of recurring non-compliance with one or more Rules in Section .0300. (34) "Preceptor" means a registered nurse at or above the level of licensure that an assigned student is seeking, who may serve as a teacher, mentor, role model and supervisor for a faculty directed clinical experience. (35) "Prescribing Authority" means the legal permission granted by the Board of Nursing and Medical Board for the nurse practitioner and nurse midwife to procure and prescribe legend and controlled pharmacological agents and devices to a client in compliance with Board of Nursing rules and other applicable federal and state law and regulations. (36) "Program Closure" means to cease operation of a nursing program. (37) "Program Type" means a course of study that prepares an individual to function as an entry-level practitioner of nursing. The three program types are: (a) BSN - Curriculum components for Bachelor of Science in Nursing provides for the attainment of knowledge and skill sets in the current practice in nursing, nursing theory, nursing research, community and public health, health care policy, health care delivery and finance, communications, therapeutic interventions and current trends in health care. For this program type, the client is the individual, family, group, and community. (b) Associate Degree in Nursing (ADN)/Diploma in Registered Nursing - Curriculum components for the ADN/Diploma in Registered Nursing provides for the attainment of knowledge and skill sets in the current practice in nursing, community concepts, health care delivery, communications, therapeutic interventions and current trends in health care. For this program type, client is the individual, group of individuals, and family. (c) Practical Nurse Diploma - Curriculum prepares for functioning in a dependent role in providing direct nursing care under the direction of a registered nurse or other health care provider as defined by the Nursing Practice Act. Curriculum components provide for the attainment of knowledge and skill sets in the current practice of practical nursing, communications, therapeutic interventions, including pharmacology, growth and development and current trends in PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1295 health care. For this program type client is the individual, or group of individuals. (38) "Review" means collecting and analyzing information to assess compliance with Section .0300 of this Chapter. Information may be collected by multiple methods including review of written reports and materials, on-site observations and review of documents or in person or telephone interview(s) and conference(s) (39) "Rescind Approval" means a Board action that removes the approval status previously granted. (40) "Self Assessment" means the process whereby the individual reviews her/his own nursing practice and identifies the knowledge and skills possessed, as well as those skills to be strengthened. (41) "Specialty" means a broad, population-based focus of study encompassing the common health-related problems of that group of patients and the likely co-morbidities, interventions and responses to those problems. (42) "Supervision" means the provision of guidance or direction, evaluation and follow-up by the licensed nurse for accomplishment of an assigned or delegated nursing activity or set of activities. (43) "Survey" means an on-site visit for the purpose of gathering data in relation to reviewing nursing programs compliance with Section .0300 of this Chapter. Authority G.S. 90-171.23; 90-171.38. SECTION .0700 - NURSE LICENSURE COMPACT 21 NCAC 36 .0702 ISSUANCE OF A LICENSE BY A COMPACT PARTY STATE For the purpose of the Compact: (1) A nurse applying for a license in a home state shall produce evidence of the nurses' primary state of residence. Such evidence shall include a declaration signed by the licensee attesting to the licensee's primary state of residence. Further evidence that may be requested includes, but is not limited to: (a) Driver's license with a home address; (b) Voter registration card displaying a home address; or (c) Federal income tax return declaring the primary state of residence; residence. (d) Military Form No. 2058 – state of legal residence certificate; or (e) W2 from US Government or any bureau, division or agency thereof indicating the declared state of residence. (2) A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multistate licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 30 days. (3) The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance. The 30-day period in Item (2) of this Rule shall be stayed until resolution of the pending investigation. (4) The former home state license shall no longer be valid upon the issuance of a new home state license. (5) If a decision is made by the new home state denying licensure, the new home state shall notify the former home state within 10 business days and the former home state may take action in accordance with that state's laws and rules. (6) As of July 1, 2005, no individual shall be issued a multistate licensure privilege unless the applicant provides evidence of successful completion of the licensing examination developed by the National Council of State Boards of Nursing, Inc. (7) A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued by the party state. (8) A license issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license. Authority G.S. 90-171.82(6); 90-171.83(a)(b); 90-171.85(b); 90- 171.87(4). 21 NCAC 36 .0703 LIMITATIONS ON MULTISTATE LICENSURE PRIVILEGE (a) Home state Boards shall include in all licensure disciplinary orders or agreements that limit practice or require monitoring the requirement that the licensee subject to said order or agreement will agree to limit the licensee's practice to the home state during the pendency of the disciplinary order or agreement. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state Boards. (b) An individual who had a license which was surrendered, revoked, suspended, or an application denied for cause in a prior state of primary residence, may be issued a single state license in a new primary state of residence until such time as the individual PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1296 would be eligible for an unrestricted license by the prior state(s) or adverse action. Once eligible for licensure in the prior state(s); a multistate license may be issued. Authority G.S. 90-171.37; 90-171.85(f); 90-171.87(4). SECTION .0800 - APPROVAL AND PRACTICE PARAMETERS FOR NURSE PRACTITIONERS 21 NCAC 36 .0801 DEFINITIONS The following definitions apply to this Section: (1) "Medical Board" means the North Carolina Medical Board. (2) "Board of Nursing" means the North Carolina Board of Nursing. (3) "Joint Subcommittee" means the subcommittee composed of members of the Board of Nursing and members of the Medical Board to whom responsibility is given by G.S. 90-8.2 and G.S. 90-171.23(b)(14) to develop rules to govern the performance of medical acts by nurse practitioners in North Carolina. (4) "Nurse Practitioner" or "NP" means a currently licensed registered nurse approved to perform medical acts consistent with the nurse's area of nurse practitioner academic educational preparation and national certification under an agreement with a licensed physician for ongoing supervision, consultation, collaboration and evaluation of the medical acts performed. Such medical acts are in addition to those nursing acts performed by virtue of registered nurse (RN) licensure. The NP is held accountable under the RN license for those nursing acts that he or she may perform. (5) "Registration" means authorization by the Medical Board and the Board of Nursing for a registered nurse to use the title nurse practitioner in accordance with this Section. (6) "Approval to Practice" means authorization by the Medical Board and the Board of Nursing for a nurse practitioner to perform medical acts within her or his area of educational preparation and certification under a collaborative practice agreement (CPA) with a licensed physician in accordance with this Section. (7) "Supervision" means the physician's function of overseeing medical acts performed by the nurse practitioner. (8) "Collaborative practice agreement" means the arrangement for nurse practitioner-physician continuous availability to each other for ongoing supervision, consultation, collaboration, referral and evaluation of care provided by the nurse practitioner. (9) "Primary Supervising Physician" means the licensed physician who, by signing the nurse practitioner application, who shall provide ongoing supervision, collaboration, consultation and evaluation of the medical acts performed by the nurse practitioner as defined in the collaborative practice agreement. Supervision shall be in compliance with the following: (a) The primary supervising physician shall assure both Boards that the nurse practitioner is qualified to perform those medical acts described in the collaborative practice agreement. (b) A physician in a graduate medical education program, whether fully licensed or holding only a resident's training license, shall not be named as a primary supervising physician. (c) A fully licensed physician in a graduate medical education program who is also practicing in a non-training situation may supervise a nurse practitioner in the non-training situation. (10) "Back-up Supervising Physician" means the licensed physician who, by signing an agreement with the nurse practitioner and the primary supervising physician(s) shall provide supervision, collaboration, consultation and evaluation of medical acts by the nurse practitioner in accordance with the collaborative practice agreement when the Primary Supervising Physician is not available. Back-up supervision shall be in compliance with the following: (a) The signed and dated agreements for each back-up supervising physician(s) shall be maintained at each practice site. (b) A physician in a graduate medical education program, whether fully licensed or holding only a resident's training license, shall not be named as a back-up supervising physician. (c) A fully licensed physician in a graduate medical education program who is also practicing in a non-training situation and has a signed collaborative practice agreement with the nurse practitioner and the primary supervising physician may be a back-up supervising physician for a nurse practitioner in the non-training situation. (11) "Volunteer Approval" means approval to practice consistent with this rule except without expectation of direct or indirect compensation or payment (monetary, in kind or otherwise) to the nurse practitioner. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1297 (12) Disaster" means a state of disaster as defined in G.S. 166A-4(1a) and proclaimed by the Governor, or by the General Assembly pursuant to G.S. 166A-6. (13) "National Credentialing Body" means one of the following credentialing bodies that offers certification and re-certification in the nurse practitioner's specialty area of practice: American Nurses Credentialing Center (ANCC); American Academy of Nurse Practitioners (AANP); American Association of Critical Care Nurses Certification Corporation (AACN); National Certification Corporation of the Obstetric Gynecologic and Neonatal Nursing Specialties (NCC); and the Pediatric Nursing Certification Board (PNCB). Authority G.S. 90-8.1; 90-8.2; 90-18(14); 90-18.2; 90- 171.20(4); 90-171.20(7); 90-171.23(b); 90-171.83. 21 NCAC 36 .0803 NURSE PRACTITIONER REGISTRATION (a) The Board of Nursing shall register an applicant who: (1) has an unrestricted license to practice as a registered nurse in North Carolina and, when applicable, an unrestricted approval, registration or license as a nurse practitioner in another state, territory, or possession of the United States; (2) has successfully completed a nurse practitioner education program as outlined in Rule .0805 of this Section; (3) is certified as a nurse practitioner by a national credentialing body consistent with 21 NCAC 36 .0120(7) and (9); 21 NCAC 36 .0801(13); and (4) has supplied additional information necessary to evaluate the application as requested. (b) Beginning January 1, 2005, new graduates of a nurse practitioner program, who are seeking first-time nurse practitioner registration in North Carolina shall: (1) hold a Master's or higher degree in Nursing or related field with primary focus on Nursing; (2) have successfully completed a graduate level nurse practitioner education program accredited by a national accrediting body; and (3) provide documentation of certification by a national credentialing body. Authority G.S. 90-18(c)(13); 90-18.2; 90-171.20(7); 90- 171.23(b); 90-171.83. 21 NCAC 36 .0804 PROCESS FOR APPROVAL TO PRACTICE (a) Prior to the performance of any medical acts, a nurse practitioner shall: (1) meet registration requirements as specified in 21 NCAC 36 .0803 of this Section; (2) submit an application for approval to practice; (3) submit any additional information necessary to evaluate the application as requested; and (4) have a collaborative practice agreement with a primary supervising physician. (b) A nurse practitioner seeking approval to practice who has not practiced as a nurse practitioner in more than five two years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification. (c) The nurse practitioner shall not practice until notification of approval to practice is received from the Board of Nursing after both Boards have approved the application. (d) The nurse practitioner's approval to practice is terminated when the nurse practitioner discontinues working within the approved nurse practitioner collaborative practice agreement, or experiences an interruption in her/his registered nurse licensure status, and the nurse practitioner shall notify the Board of Nursing in writing. The Boards may extend the nurse practitioner's approval to practice in cases of emergency such as injury, sudden illness or death of the primary supervising physician. (e) Applications for approval to practice in North Carolina shall be submitted to the Board of Nursing and then approved by both Boards as follows: (1) the Board of Nursing shall verify compliance with Rule .0803 and Paragraph (a) of this Rule; and (2) the Medical Board shall verify that the designated primary supervising physician holds a valid license to practice medicine in North Carolina and compliance with Paragraph (a) of this Rule. (f) Applications for approval of changes in practice arrangements for a nurse practitioner currently approved to practice in North Carolina: (1) addition or change of primary supervising physician shall be submitted to the Board of Nursing and processed pursuant to protocols developed by both Boards; and (2) request for change(s) in the scope of practice shall be submitted to the Joint Subcommittee. (g) A registered nurse who was previously approved to practice as a nurse practitioner in this state who reapplies for approval to practice shall: (1) meet the nurse practitioner approval requirements as stipulated in Rule .0808(c) of this Section; and (2) complete the appropriate application. (h) Volunteer Approval to Practice. The North Carolina Board of Nursing shall grant approval to practice in a volunteer capacity to a nurse practitioner who has met the qualifications to practice as a nurse practitioner in North Carolina. (i) The nurse practitioner shall pay the appropriate fee as outlined in Rule .0813 of this Section. (j) A Nurse Practitioner approved under this Section shall keep proof of current licensure, registration and approval available for PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1298 inspection at each practice site upon request by agents of either Board. Authority G.S. 90-18(13), (14); 90-18.2; 90-171.20(7); 90- 171.23(b). 21 NCAC 36 .0808 INACTIVE STATUS (a) Any nurse practitioner who wishes to place her or his approval to practice on an inactive status shall notify the Board of Nursing. (b) A nurse practitioner with an inactive approval to practice status shall not practice as a nurse practitioner. (c) A nurse practitioner with an inactive approval to practice status who reapplies for approval to practice shall meet the qualifications for approval to practice in Rules .0803(a)(1), .0804(a) and (b), .0804(a), .0806(b), .0807, and .0810 of this Section and receive notification from the Board of Nursing of approval prior to beginning practice after the application is approved by both Boards. (d) A nurse practitioner with an inactive approval to practice status of greater than who has not practiced as a nurse practitioner in more than two five years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification in order to be eligible to apply for approval to practice. certification. Authority G.S. 90-18(13); 90-18.2; 90-171.36; 90-171.83. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1299 This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B- 21.17. Rules approved by the Rules Review Commission at its meeting on January 19, 2012. REGISTER CITATION TO THE NOTICE OF TEXT ALCOHOLIC BEVERAGE CONTROL COMMISSION Notice of Alleged Violation 04NCAC 02R .0802* 26:06 NCR CHILD CARE COMMISSION General Safety Requirements 10ANCAC 09 .0604* 26:05 NCR SHERIFFS EDUCATION AND TRAINING STANDARDS COMMISSION Limited Lecturer Certification 12NCAC 10B .0908* 26:07 NCR Instructors 12NCAC 10B .2004* 26:07 NCR Minimum Training Requirements 12NCAC 10B .2005* 26:07 NCR ALARM SYSTEMS LICENSING BOARD Application for License 12NCAC 11 .0201* 26:02 NCR Renewal or Re-issue of License 12NCAC 11 .0204* 26:02 NCR Application for Registration 12NCAC 11 .0301* 26:02 NCR Renewal or Reregistration of Registration 12 NCAC 11 .0306* 26:02 NCR MARINE FISHERIES COMMISSION Trout 15ANCAC 03M .0504 26:03 NCR Shad 15ANCAC 03M .0519 26:03 NCR Surrender of Licenses 15ANCAC 03O .0111 26:03 NCR Suspension, Revocation and Reissuance of Licenses 15ANCAC 03O .0114* 26:03 NCR SEDIMENTATION CONTROL COMMISSION Design Standards for the Upper Neuse River Basin 15ANCAC 04B .0132* 26:06 NCR WILDLIFE RESOURCES COMMISSION Wild Boar (Both Sexes) 15ANCAC 10B .0204* n/a G.S. 150B-21.5(b) Feral Swine 15ANCAC 10B .0223 26:05 NCR WATER TREATMENT FACILITY OPERATORS CERTIFICATION BOARD Grades of Certification 15ANCAC 18D .0201* 26:08 NCR Fee Schedule 15ANCAC 18D .0304* 26:08 NCR CERTIFIED PUBLIC ACCOUNTANT EXAMINERS, BOARD OF Computation of CPE Credits 21NCAC 08G .0409 26:08 NCR APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1300 Professional Ethics and Conduct CPE 21 NCAC 08G .0410 26:08 NCR Retired and Inactive Status: Change of Status 21 NCAC 08J .0105 26:08 NCR COSMETIC ART EXAMINERS, BOARD OF Internships 21NCAC 14T .0614* 26:04 NCR School Operations/Licensure Maintenance 21 NCAC 14T .0701* 26:04 NCR MEDICAL BOARD Initiation of Formal Hearings 21NCAC 32N .0101 26:02 NCR Continuances 21NCAC 32N .0102 26:02 NCR Disqualification for Personal Bias 21NCAC 32N .0103 26:02 NCR Discovery 21NCAC 32N .0104 26:02 NCR Informal Proceedings 21NCAC 32N .0105 26:02 NCR Definitions 21NCAC 32N .0106* 26:02 NCR Investigations and Complaints 21NCAC 32N .0107* 26:02 NCR Investigative Interviews by Board Members 21 NCAC 32N .0108 26:02 NCR Pre-Charge Conference 21NCAC 32N .0109 26:02 NCR Initiation of Disciplinary Hearings 21NCAC 32N .0110 26:02 NCR Conducting Disciplinary Hearings 21NCAC 32N .0111 26:02 NCR Post Hearing Motions 21NCAC 32N .0112 26:02 NCR Correction of Clerical Mistakes 21NCAC 32N .0113 26:02 NCR PODIATRY EXAMINERS, BOARD OF Continuing Education 21NCAC 52 .0208* 26:07 NCR REAL ESTATE COMMISSION Active and Inactive License Status 21NCAC 58A .0504* n/a G.S. 150B-21.5(a)(5) Licensing of Persons Licensed in Another Jurisdiction 21 NCAC 58A .0511* n/a G.S. 150B-21.5(a)(5) These rules are subject to the next Legislative Session. (See G.S. 150B-21.3) CHILD CARE COMMISSION Definitions 10ANCAC 09 .0102* 25:14 NCR Education Standards for a Two Component Rated... 10ANCAC 09 .2819* 25:14 NCR Education Standards for Lead Teachers for a Rated... 10ANCAC 09 .2820* 25:14 NCR Education Standards for Teachers for Rated License... 10ANCAC 09 .2821* 25:14 NCR Education Standards for Program Coordinators for a... 10ANCAC 09 .2822* 25:14 NCR Education Standards for Group Leaders and Assist... 10ANCAC 09 .2823* 25:14 NCR Education Standards for a Rated License for Admi… 10ANCAC 09 .2824* 25:14 NCR Education Standards for Program Coordinators for... 10ANCAC 09 .2825* 25:14 NCR Education Standards for Group Leaders and Assistan... 10A NCAC 09 .2826* 25:14 NCR Education Standards for Operators for a Rated Licen... 10ANCAC 09 .2827* 25:14 NCR APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1301 TITLE 04 – DEPARTMENT OF COMMERCE 04 NCAC 02R .0802 NOTICE OF ALLEGED VIOLATION If facts reported by a law enforcement officer indicate a violation of the ABC laws, the Commission shall send a Notice of Alleged Violation to the permittee. The permittee is deemed notified if the notice is delivered to the permittee's address as stated on the permit. History Note: Authority G.S. 1A-1, Rule 4(j); 18B-100; 18B-104; 18B-203(a)(12); 18B-207; 150B-22; 150B-23; Eff. January 1, 1982; Amended Eff. February 1, 2012; July 1, 1992; May 1, 1984. TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES 10A NCAC 09 .0102 DEFINITIONS The terms and phrases used in this Chapter are defined as follows except when the 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 and Early Education, Department of Health and Human Services located at 319 Chapanoke Road, Suite 120, Raleigh, North Carolina 27603. (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. (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. (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 APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1302 treatment of minor injuries or stabilization of major injuries. (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. (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. (16) "Household member" means a person who resides in a family home as evidenced by factors 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. (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 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). 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. (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. (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. (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. (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. (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. 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. (23) "Owner" means any person with a five percent or greater equity interest in a child care APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1303 facility, 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 a child care provider. (24) "Parent" means a child's parent, legal guardian, or full-time custodian. (25) "Part-time care" means a child care arrangement where children attend on a regular schedule but less than a full-time basis. (26) "Passageway" means a hall or corridor. (27) "Person" means any individual, trust, estate, partnership, corporation, joint stock company, consortium, or any other group, entity, organization, or association. (28) "Preschooler" or "preschool-age child" means any child who does not fit the definition of school-age child in this Rule. (29) "School-Age Care Environment Rating Scale" (Harms, Jacobs, and White, 1996, published by Teachers College Press) 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 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. (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. (31) "Seasonal Program" means a recreational program as set forth in G.S. 110-86(2)(b). (32) "Section" means Division of Child Development and Early Education. (33) "Substitute" means any person who assumes the duties of a staff person for a time period not to exceed two consecutive months. (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. (35) "Track-Out Program" means any child care provided to school-age children when they are out of school on a year-round school calendar. (36) "Volunteer" means a person who works in a child care facility and is not monetarily compensated by the facility. History Note: Authority G.S. 110-85; 110-88; 143B-168.3; Eff. January 1, 1986; Amended Eff. April 1, 1992; October 1, 1991; October 1, 1990; November 1, 1989; Temporary Amendment Eff. January 1, 1996; Amended Eff. August 1, 2010; November 1, 2007; May 1, 2006; May 1, 2004; April 1, 2003; July 1, 2000; April 1, 1999; July 1, 1998; April 1, 1997; Amended Eff. Pending Legislative Review. 10A NCAC 09 .0604 GENERAL SAFETY REQUIREMENTS (a) In child care centers, potentially hazardous items, such as archery equipment, hand and power tools, nails, chemicals, propane stoves, lawn mowers, and gasoline or kerosene, whether or not intended for use by children, shall be stored in locked areas or with other safeguards, or shall be removed from the premises. (b) Firearms and ammunition are prohibited in a licensed child care program unless carried by a law enforcement officer. (c) Electrical outlets not in use which are located in space used by the children shall be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. (d) Electric fans shall be mounted out of the reach of children or shall be fitted with a mesh guard to prevent access by children. (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor the cord, if applicable, shall be accessible to preschool-age children. (f) Electrical cords shall not be accessible to infants and toddlers. Extension cords, except as approved by the local fire inspector, shall not be used. Frayed or cracked electrical cords shall be replaced. (g) All materials used for starting fires, such as matches and lighters, shall be kept in locked storage or shall be stored out of the reach of children. (h) Smoking is not permitted in space used by children when children are present. All smoking materials shall be kept in locked storage or out of the reach of children. (i) Fuel burning heaters, fireplaces and floor furnaces shall be provided with a protective screen attached securely to supports to prevent access by children and to prevent objects from being thrown into them. (j) Plants that are toxic shall not be in indoor or outdoor space that is used by or is accessible to children. (k) Air conditioning units shall be located so that they are not accessible to children or shall be fitted with a mesh guard to prevent objects from being thrown into them. (l) Gas tanks shall be located so they are not accessible to the children or shall be in a protective enclosure or surrounded by a protective guard. (m) Cribs and playpens shall be placed so that the children occupying them shall not have access to cords or ropes, such as venetian blind cords. (n) Once a day, prior to initial use, the indoor and outdoor premises shall be checked for debris, vandalism, and broken equipment. Debris shall be removed and disposed. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1304 (o) Plastic bags, toys, and toy parts small enough to be swallowed, and materials that can be easily torn apart such as foam rubber and styrofoam, shall not be accessible to children under three years of age, except that styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Latex and rubber balloons shall not be accessible to children under five years of age. (p) When non-ambulatory children are in care, a crib or other device shall be available for evacuation in case of fire or other emergency. The crib or other device shall be fitted with wheels in order to be easily moveable, have a reinforced bottom, and shall be able to fit through the designated fire exit. For centers that do not meet institutional building code, and the exit is more than eight inches above grade, the center shall develop a plan to ensure a safe and timely evacuation of the crib or other device. This plan shall be demonstrated to a Division representative for review and approval. During the monthly fire drills required by Rule 10A NCAC 09 .0302(d)(4), the evacuation crib or other device shall be used in the manner described in the evacuation plan. (q) A first aid kit must always be available on site. History Note: Authority G.S. 110-85; 110-91(3),(6); 143B- 168.3; Eff. January 1, 1991; Amended Eff. January 1, 1996; November 1, 1991; Temporary Amendment Eff. October 1, 1997; Amended Eff. February 1, 2012; July 1, 2010; December 1, 2007; April 1, 2001; July 1, 1998. 10A NCAC 09 .2819 EDUCATION STANDARDS FOR ON-SITE ADMINISTRATORS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating the education standards for an on-site administrator for child care centers. The points for education standards are determined by applying this Rule along with Rules .2820, .2821, .2822 and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Two years of full-time verifiable early childhood work experience, or one year experience in child care administration; and (3) If providing school-age care, 150 hours of verifiable experience working with school-aged children in a licensed child care program; or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall complete the BSAC Training or its equivalent. Completion of these requirements shall count toward meeting experience requirements in Subparagraph (2) of this Paragraph. (c) To achieve three points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework); and either (A) Two years of full-time verifiable early childhood work experience; or (B) One year of experience in child care administration; and (3) If providing school-age care, 300 hours of verifiable experience working with school-aged children in a licensed child care program; or 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A) and (B) of this Paragraph. (d) To achieve four points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and either (A) 18 semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework) and one year of experience in child care administration; or (B) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework), and 10 years of experience in child care administration; and (2) If providing school-age care, 450 hours of verifiable experience working with school-aged children in licensed child care program; or 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (1)(A) and (B) of this Paragraph. (e) To achieve five points, the on-site administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Two years of full-time verifiable early childhood work experience; and APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1305 (3) If providing school-age care, 600 hours of verifiable experience working with school-aged children in a licensed child care program; or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting, or shall have completed the BSAC training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraph (2) of this Paragraph. (f) To achieve six points, the on-site administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) 18 semester hours in early childhood education or child development (not including the North Carolina Early Childhood Administration Credential coursework or hours earned during the completion of the A.A.S degree); and either (A) Three years of full-time verifiable work experience in an early childhood center teaching young children; or (B) Three years of administrative experience; or (C) Three years of a combination of both; and (3) If providing school-age care, 750 hours of verifiable experience working with school-aged children in a licensed child care program; or 1150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A) and (B) of this Paragraph. (g) To achieve seven points, the on-site administrator shall: (1) Have a Level III North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) Four years of full-time verifiable work experience in an early childhood center teaching young children; or (B) Four years of administrative experience; or (C) Four years of a combination of both; and (3) If providing school-age care, 900 hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or 1350 hours of verifiable experience performing administrative duties in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A), (B) and (C) of this Paragraph. (h) For centers with a licensed capacity of 3 to 12 children located in a residence, when an individual has responsibility both for administering the child care program and for planning and implementing the daily activities of a group of children, the educational requirements for lead teacher in Rule .2820 of this Section shall apply. All other teachers shall follow the educational requirements for teachers in this Section. (i) For centers with a licensed capacity of 200 or more, there shall be a second administrator on-site for a minimum of 20 hours per week who shall have the Level I North Carolina Early Childhood Administration Credential or its equivalent. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. May 1, 2006; Amended Eff. Pending Legislative Review. 10A NCAC 09 .2820 EDUCATION STANDARDS FOR LEAD TEACHERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to all lead teachers. The points for education standards are determined by applying this Rule along with Rules .2819, .2821, .2822 and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, 75 percent of the lead teachers shall: (1) Have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher Early Educator Certification on the Early Care and Education Professional Scale (ECE scale); and (2) Have completed or enrolled in three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework). (c) To achieve three points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher certification on the ECE scale; and either (1) 75 percent of the lead teachers shall have: (A) Completed three semester hours in early childhood education and completed or are enrolled in three additional semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); or (B) Completed one year full time verifiable early childhood work experience; or (C) A level II or higher certification on the ECE scale; or APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1306 (D) Any combination of Parts (A) through (C) of this Subparagraph; or (2) 50 percent of the lead teachers shall have a Level II or higher certification on the ECE scale. (d) To achieve four points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or Level I or higher certification on the ECE scale; and (1) Either 75 percent of the lead teachers shall have: (A) Completed six semester hours in early childhood education or child development (not including the North Carolina Early Childhood Credential coursework), and have completed or are enrolled in three additional semester hours in early childhood education; or (B) Completed three semester hours of early childhood education and have three years of full-time verifiable early childhood work experience; or (C) Five years of full-time verifiable early childhood work experience; or (D) Any combination of Parts (A) through (C) of this Subparagraph; or (2) 50 percent of the lead teachers shall have a Level III or higher certification on the ECE scale. (e) To achieve five points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or have a Level I or higher certification on the ECE scale and 75 percent of the lead teachers shall have: (1) Completed nine semester hours in early childhood education or child development (not including the North Carolina Early Childhood Credential coursework), and have completed or are enrolled in three additional semester hours in early childhood education, and have one year of full-time verifiable early childhood work experience; or (2) A Level IV or higher certification on the ECE scale and have one year of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (f) To achieve six points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or a Level I or higher certification on the ECE scale and 50 percent of the lead teachers shall have either: (1) An A.A.S degree in early childhood education or child development or an A.A.S degree in any major with 12 semester hours in early childhood education or child development and one year of full-time verifiable early childhood work experience; or (2) Completed 60 semester hours towards a BA/BS degree program with 12 semester hours in early childhood education and one year of full-time verifiable early childhood work experience; or (3) A Level VI certification on the ECE scale and one year of full-time verifiable early childhood work experience; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. (g) To achieve seven points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or a Level I or higher certification on the ECE scale and 75 percent of the lead teachers shall have either: (1) An A.A.S. degree in early childhood education or child development or an A.A.S. degree in any major with 12 semester hours in early childhood education or child development and two years of full-time verifiable early childhood work experience; or (2) A Level VI certification on the ECE scale and two years of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2821 EDUCATION STANDARDS FOR TEACHERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to all teachers. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, .2822, and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, 50 percent of the teachers counted in staff/child ratios shall: (1) Have one year of full time verifiable early childhood work experience; or (2) Be enrolled in three semester hours in early childhood education, or child development; or (3) Have any combination of Subparagraphs (1) and (2) of this Paragraph. (c) To achieve three points, 50 percent of the teachers counted in staff/child ratios shall have: (1) Three semester hours in early childhood education or child development; or (2) Two years of full time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (d) To achieve four points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale. (e) To achieve five points, 50 percent of the teachers counted in staff/child ratios shall have either: APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1307 (1) The North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale and three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); or (2) A Level II or higher certification on the ECE scale; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (f) To achieve six points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher certification on the ECE scale and either: (1) Three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential; and one year of full-time verifiable early childhood work experience; or (2) A Level II or higher certification on the ECE scale and one year of full-time early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (g) To achieve seven points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale and either: (1) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); and two years of full-time verifiable early childhood work experience; or (2) A Level III or higher certification on the ECE scale and two years of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2822 EDUCATION STANDARDS FOR PROGRAM COORDINATORS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to program coordinators. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, .2821, and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall: (1) Be enrolled in three additional semester hours of school-age care related coursework; or (2) Have 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) Have 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (c) To achieve three points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; or (2) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) At least a Level I or higher certification on the SA scale. (d) To achieve four points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and have either 200 hours of verifiable experience working with school-aged children in a licensed child care program, or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) A Level I or higher certification on the SA scale and have either 200 hours of verifiable experience working with school-aged children in a licensed child care program, or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (3) 450 hours of verifiable experience working with school-aged children in a licensed child care program; or (4) 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (e) To achieve five points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; and be enrolled in three additional semester hours of school-age care related coursework; or (2) 600 hours of verifiable experience working with school-age children in a licensed child care program; or (3) 750 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level II or higher certification on the SA scale. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1308 (f) To achieve six points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-age care related coursework and either 750 hours of verifiable experience working with school-aged children in a licensed child care program or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) A BA/BS degree with three additional semester hours of school-age care related coursework; or (3) A Level IV or higher certification on the SA scale. (g) To achieve seven points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-age care related coursework and either 900 hours of verifiable experience working with school-aged children in a licensed child care program or 1350 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) Nine additional semester hours of school-age related coursework and either 600 hours of verifiable experience working with school-aged children in a licensed child care program or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (3) A BA/BS degree or higher with six additional semester hours of school-age related coursework and either 300 hours of verifiable experience working with school-aged children in a licensed school-age care program; or 450 hours of working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level IV or higher certification on the SA scale and either 300 hours of verifiable experience working with school-aged children in a licensed school-age care program or 450 hours of working with school-aged children in an unlicensed school-age care or camp setting. (h) For centers providing school-age care with 200 or more school-aged children enrolled, there shall be two program coordinators on site, one of whom shall not have concurrent group leader responsibilities. The additional program coordinator shall have completed all the applicable staff requirements in Rule .2510(b) of this Chapter. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2823 EDUCATION STANDARDS FOR GROUP LEADERS AND ASSISTANT GROUP LEADERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to group leaders and assistant group leaders. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, 2821, and .2822 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, all group leaders shall have completed the BSAC training or its equivalent. (c) To achieve three points, all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the group leaders shall be enrolled in or have completed two semester hours of school-age care related coursework. (d) To achieve four points, all assistant group leaders shall be at least 16 years of age and all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the group leaders shall have either: (1) Completed two semester hours of school-age care related coursework; or (2) 100 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. (e) To achieve five points, all group leaders shall have completed the BSAC training or its equivalent, and (1) 50 percent of the group leaders shall have either: (A) Completed two semester hours of school-age care related coursework; or (B) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph; and (2) All assistant group leaders shall be at least 16 years of age and shall have either: (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1309 (D) Any combination of Subparagraphs (A) through (C) of this Paragraph. (f) To achieve six points, all group leaders shall have completed the BSAC training or its equivalent, and (1) 50 percent of group leaders shall have: (A) Completed two semester hours of school-age care related coursework and have completed or be enrolled in two additional semester hours of school-age related coursework; or (B) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph; and (2) All assistant group leaders shall be 17 years of age and shall have either; (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph. (g) To achieve seven points, all assistant group leaders shall be 18 years of age and shall have completed the BSAC training or its equivalent and all group leaders shall have completed the BSAC training or its equivalent, and 75 percent of the group leaders shall have: (1) Completed two semester hours of school-age care related coursework and have completed, or are enrolled in two additional semester hours of school-age related coursework; or (2) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2824 EDUCATION STANDARDS FOR A RATED LICENSE FOR ADMINISTRATORS FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for administrators for centers that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2825 and .2826 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent or have enrolled in coursework as required in G.S. 110-91(8); and (2) 1600 hours of verifiable experience performing administrative duties in a licensed school-aged program. (c) To achieve three points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 300 additional hours of verifiable experience performing administrative duties in a licensed child care program; or (B) 450 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (d) To achieve four points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 450 additional hours of verifiable experience performing administrative duties in a licensed child care program; or (B) 600 additional hours of verifiable experience performing administrative duties in an unlicensed school-age care or camp setting. (e) To achieve five points, the administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 600 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 750 additional hours of verifiable experience performing administrative APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1310 duties in an unlicensed school-aged care or camp setting. (f) To achieve six points, the administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 750 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 1150 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (g) To achieve seven points, the administrator shall have: (1) A Level III North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 900 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 1350 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (h) As used in this Rule, the definition of the term "experience working with school-aged children" in Rule .2510(h) of this Chapter shall apply. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2825 EDUCATION STANDARDS FOR PROGRAM COORDINATORS FOR A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for program coordinators for centers that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2824 and .2826 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall: (1) Be enrolled in three additional semester hours of school-age care related coursework; or (2) Have 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) Have 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (c) To achieve three points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; or (2) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level I certification or higher on the SA scale. (d) To achieve four points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (2) 450 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level I certification or higher on the SA scale, and either; (A) 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (e) To achieve five points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and is enrolled in three additional semester hours of school-aged care related coursework; or (2) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 750 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (4) A Level II certification or higher on the SA scale. (f) To achieve six points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) 750 hours of verifiable experience working with school-aged children in a licensed child APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1311 care program; or 900 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; and (2) Either: (A) Completed six additional semester hours of school-aged care related coursework; or (B) Shall have a BA/BS degree with three additional semester hours of school-aged care related coursework; or (C) Level III certification or higher on the SA scale. (g) To achieve seven points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-aged care related coursework and either: (A) 900 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 1350 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (2) Completed nine additional semester hours of school-aged care related coursework and either: (A) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 900 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (3) A BA/BS degree or higher with six additional semester hours of school-aged related coursework and either: (A) 300 hours of verifiable experience working with school-aged children in a licensed school-aged care program; or (B) 450 hours of working with school-aged children in an unlicensed school-aged care or camp setting; or (4) A Level IV certification or higher on the SA scale and either: (A) 300 hours of verifiable experience working with school-aged children in a licensed school-aged care program; or (B) 450 hours of working with school-aged children in an unlicensed school-aged care or camp setting. (h) As used in this Rule, the definition of the term "experience working with school-aged children" in Rule .2510(h) of this Chapter shall apply. (i) For programs with a licensed capacity of 200 or more school-aged children, there shall be two program coordinators on site, one of whom shall not have concurrent group leader responsibilities. The additional program coordinator shall have completed the applicable staff requirements in Rule .2510(b) of this Chapter. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2826 EDUCATION STANDARDS FOR GROUP LEADERS AND ASSISTANT GROUP LEADERS FOR A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for group leaders and assistant group leaders that work in programs that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2824, and .2825 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, all group leaders shall have completed the BSAC training or its equivalent. (c) To achieve three points, all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall be enrolled in two semester hours of school-age care related coursework. (d) To achieve four points: (1) All group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) Completed two semester hours of school-age care related coursework; or (B) 100 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; and (2) All assistant group leaders shall be at least 16 years of age. (e) To achieve five points: (1) All group leaders shall complete the BSAC training or its equivalent, and 50 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 450 hours of verifiable experience working with school-aged children in APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1312 an unlicensed school-age care or camp setting; or (C) Completed two semester hours of school-age care related coursework; and (2) All assistant group leaders shall be at least 16 years of age and shall have; (A) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (B) Completed the BSAC training or its equivalent; or (C) 250 hours of verifiable experience working with school-aged children in a licensed child care program. (f) To achieve six points: (1) All group leaders shall have completed the BSAC training or its equivalent, and 50 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) Completed two semester hours of school-aged care related coursework and have completed or are enrolled in two additional semester hours of school-aged related coursework; or (B) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; and (2) All assistant group leaders shall be at least 17 years of age and shall have; (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed chi
Object Description
Description
Title | North Carolina register |
Date | 2012-03-01 |
Description | Volume 26, Issue 17, (March 1, 2012) |
Digital Characteristics-A | 29533 KB; 154 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 17 ● Pages 1284 - 1433 March 1, 2012 I. IN ADDITION Decision Letters on "Changes Affecting Voting" from US Attorney General 1284 DHHS – Notice of Receipt of Periodic Report ............................................... 1285 II. PROPOSED RULES Health and Human Services, Department of Blind, Commission for the .............................................................................. 1286 – 1288 Social Services Commission ........................................................................... 1288 – 1291 Occupational Licensing Boards and Commissions Athletic Trainer Examiners, Board of ............................................................. 1291 – 1292 Nursing, Board of ............................................................................................ 1292 – 1298 III. APPROVED RULES ........................................................................................ 1299 – 1329 Commerce, Department of ABC Commission Environment and Natural Resources, Department of Marine Fisheries Commission Sedimentation Control Commission Water Treatment Facility Operators Certification Board Wildlife Resources Commission Health and Human Services, Department of Child Care Commission Justice, Department of Alarm Systems Licensing Board Sheriff's Education and Training Standards Commission Occupational Licensing Boards and Commissions Certified Public Accountant Examiners, Board of Cosmetic Art Examiners, Board of Medical Board Podiatry Examiners, Board of Real Estate Commission IV. RULES REVIEW COMMISSION ................................................................. 1330 – 1342 V. CONTESTED CASE DECISIONS Index to ALJ Decisions ...................................................................................... 1343 – 1348 Text of ALJ Decisions 10 DOJ 00583 ................................................................................................. 1349 – 1355 10 DOJ 05279 ................................................................................................. 1356 – 1374 11 DOJ 6784 ................................................................................................... 1375 – 1382 10 EHR 6501 ................................................................................................... 1383 – 1400 10 OSP 6901 ................................................................................................... 1401 – 1422 10 OSP 05078 ................................................................................................. 1423 – 1433 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. IN ADDITION 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1284 IN ADDITION 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1285 PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1286 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 Commission for the Blind intends to amend the rule cited as 10A NCAC 63F .0402. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dsb Proposed Effective Date: July 1, 2012 Public Hearing: Date: March 16, 2012 Time: 1:00 p.m. Location: 309 Ashe Avenue, Fisher Building, Raleigh, NC 27606 Reason for Proposed Action: The Division of Services for the Blind, in conjunction with the Commission for the Blind, is initiating a change to the Economic Needs Schedule (10A NCAC 63F .0402 Economic Needs Policies). This rule change will allow eligible individuals who are visually impaired to obtain assistive technology, as well as books and cost for fees related to post-secondary education regardless of economic income. The assistive technology and training must be identified as necessary services on their Individualized Plan for Employment in order to attain their employment goal. Procedure by which a person can object to the agency on a proposed rule: Submit written objections to Eddie Weaver, Director, Division of Services for the Blind at 309 Ashe Avenue, Raleigh, NC 27606 or 2601 Mail Service Center, Raleigh, NC 27699-2601. Comments may be submitted to: Mary Flanagan, 309 Ashe Avenue, Raleigh, NC 27606 or 2601 Mail Service Center, Raleigh, NC 27699-2601; phone (919) 733-9822; fax (919) 733- 9769; email mary.flanagan@dhhs.nc.gov Comment period ends: April 30, 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 63 - SERVICES FOR THE BLIND SUBCHAPTER 63F - VOCATIONAL REHABILITATION SECTION .0400 - ECONOMIC NEED 10A NCAC 63F .0402 ECONOMIC NEEDS POLICIES (a) The Division of Services for the Blind shall establish economic need for each eligible consumer either simultaneously with or prior to the provision of those services for which the Division requires a needs test. The financial need of a consumer shall be determined by the financial needs test specified in Rule .0403 of this Section. If the consumer has been determined eligible for Social Security benefits under Title II or XVI of the Social Security Act, the Division of Services for the Blind shall not apply a financial needs tests or require the financial participation of the consumer. A financial needs test shall be applied for all consumers determined eligible to receive services through the Independent Living Rehabilitation Program regardless of SSA Title II or Title XVI eligibility. (b) The Division of Services for the Blind shall furnish the following services not conditioned on economic need: (1) an assessment for determining eligibility and priority for services except those non-assessed services that are provided during an exploration of the applicant's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences or an extended evaluation and an assessment by personnel skilled in rehabilitation technology; PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1287 (2) assessment for determining rehabilitation needs by a qualified vocational rehabilitation counselor; (3) vocational rehabilitation counseling and guidance, including information and support services to assist an applicant or consumer in exercising informed choice; (4) tuition and supplies for Community Rehabilitation Program training; (5) tuition and fees for: (A) community college/college parallel and vocational programs up to the catalog rate; and (B) post-secondary education up to the maximum rate charged for the North Carolina public university system. The Division shall require eligible consumers applying for training programs listed in Parts (b)(5)(A) and (B) of this Rule to first apply for all available grants and financial aid. The Division may grant an exception to the rate for tuition and required fees for post-secondary education specified in Part (b)(5)(B) of this Rule when necessary to accommodate the special training needs of severely disabled individuals who must be enrolled in special programs designed for severely physically disabled students; (6) interpreter services including sign language and oral interpreter services for applicants or consumers who are deaf or hard of hearing and tactile interpreting services for applicants or consumers who are deaf-blind; (7) reader services, rehabilitation teaching services, and orientation and mobility services; (8) job-related services, including job search, job placement employment assistance and job retention services; (9) DSB Rehabilitation Center or fundamental independent living rehabilitation adjustment services including transportation and training supplies contingent on a consumer's participation in the program; (10) diagnostic transportation; (11) on-the-job training; (12) training and associated maintenance and transportation costs for Business Enterprises Program trainees; (13) upward mobility training and associated maintenance and transportation costs for Business Enterprises Program trainees; (14) equipment and initial stocks and supplies for state-owned (Randolph-Sheppard) vending stands; (15) Supported Employment Services; (16) personal assistance services provided while a consumer with a disability is receiving vocational rehabilitation services; (17) referral and other services designed to assist applicants or consumers with disabilities in securing needed services from other agencies through agreements developed under Section 101(a)(11) of the Act (P.L. 102-569), if such services are not available under this Act and to advise those individuals about client assistance programs established under the Act; (18) transition services for students with disabilities that facilitate the achievement of the employment outcome identified in the student's individualized plan for employment except for those services based on economic need; and (19) technical assistance and other consultation services to consumers who are pursuing self-employment or telecommuting or establishing a business operation as an employment outcome. (c) The following services shall be provided by the Division of Services for the Blind and conditioned on economic need: (1) physical and mental restoration services (medical services other than diagnostic); (2) maintenance for additional costs incurred while participating in rehabilitation; (3) transportation in connection with the rendering of any vocational rehabilitation service except where necessary in connection with determination of eligibility or nature and scope of services; (4) services to members of a disabled consumer's family necessary to the adjustment or rehabilitation of the consumer with a disability; (5) rehabilitation technology including telecommunications, sensory, and other technological aids and devices; (6)(5) post-employment services necessary to assist consumers with visual disabilities to maintain, regain or advance in employment except for those services not conditioned on economic need listed in Paragraph (b) of this Rule; (7)(6) fees necessary to obtain occupational licenses; (8)(7) tools, equipment, and initial stocks and supplies for items listed in Subparagraphs (1) through (7) of this Paragraph; (9)(8) expenditures for short periods not to exceed 30 days of medical care for acute conditions arising during the course of vocational rehabilitation, which if not cared for, will constitute a hazard to the achievement of the vocational rehabilitation objective; and (10) books and other training materials; and (11)(9) other goods and services not prohibited by the Act (P.L. 102-569), which can reasonably be expected to benefit an individual with a disability in terms of his employability or independent living skill development. (d) Notwithstanding Paragraph (c) of this Rule, the following services are not subject to economic need for individuals being served through the Vocational Rehabilitation Program: PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1288 (1) books and other training materials required for post secondary training; and (2) rehabilitation technology including telecommunications, sensory aids, and other technological aids and devices for consumers who have an Individualized Plan for Employment (IPE), who are working toward an employment goal that requires specified technology to attain, regain, or maintain employment and who have the capability to use the equipment. (d)(e) The Division of Services for the Blind shall publish the standard as determined by the Legislature for measuring the financial need of consumers with respect to normal living requirements and for determining their financial ability to meet the cost of necessary rehabilitation services, and for determining the amount of agency supplementation required to procure the necessary services. Authority G.S. 111-28; 34 C.F.R. 361.48; 34 C.F.R. 361.5; 34 C.F.R. 361.52; 34 C.F.R. 361.54; P.L. 102-569, Section 103; S.L. 2009-475. * * * * * * * * * * * * * * * * * * * * Notice is hereby given in accordance with G.S. 150B-21.2 that the Social Services Commission intends to repeal the rules cited as 10A NCAC 67A .0109; 68 .0201, .0207; 71E .0101-.0109; 71U .0202, .0301, .0304; 71V .0101; 71W .0102, .0201, .0301, .0401-.0402, .0406, .0409, .0411, .0501, .0701-.0703, .0705- .0711, .0801-.0803, .0901-.0904; and 71X .0101-.0108, .0201- .0210, .0301-.0304, .0401-.0413. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdhhs.gov/dss/sscommission/pubnot.htm Proposed Effective Date: July 1, 2012 Public Hearing: Date: April 30, 2012 Time: 10:00 a.m. Location: Division of Social Services, Albermarle Building, Suite 832, 325 North Salisbury Street, Raleigh, NC 27603 Reason for Proposed Action: 10A NCAC 67A .0109 – This Rule refers to a formula used to determine disbursements of equalizing funds to county department of social services. In 1997, this formula was discontinued. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because it is outdated/unnecessary. 10A NCAC 68 .0201 – This Rule refers to any person wishing to request the adoption, amendment, or repeal of a rule by the Director of the Division of Social Services. This Rule is no longer valid. The authority of the rule making process is governed by the Social Services Commission. Our agency identified during Internal Review of Rules (EO70) as needing to repeal this Rule because it is outdated/unnecessary. 10A NCAC 68 .0207 – This Rule refers to fees charged by the Director to persons requesting information from the Director's Office. This Rule is outdated due to the Director's Office does not charge for information requests. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because it is outdated/unnecessary. 10A NCAC 71E .0101-.0109 – The Resident Evaluation (RES) was never implemented statewide. The pilot phase for implementation of RES, including use of the automated Resident Assessment Instrument-Assisted Living-North Carolina (RAI-AL-NC), was scheduled to begin July 2002. The RES pilot includes county DSSs, area mental health programs, and adult care home providers. During development of the software application for the RAI-AL-NC, the State's budget outlook significantly worsened. The budget shortfall projected for the next two years had significant implications for the implementation of RES. RES was to be a Medicaid funded program with a $1.2 million state appropriation to support it. To become operational statewide, the RES program would have needed additional state funds totaling at least $3,500,000. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0202 – This Rule refers to Coupon Issuance which are no longer used for the program. The Food, Conservation, and Energy Act of 2008 directed that no state shall issue any coupon, stamp, certification, or authorization card to a household that receives supplemental nutrition assistance under this Act. Effective beginning on the date one year after the date of the enactment, only an EBT card issued shall be eligible for exchange at any retail food store. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0301 – This Rule requires a specific form be used as verification of income for Farmers or Day Laborers. Federal Regulations, CFR 273.2(f)(4), state that although documentary evidence shall be the primary source of verification, acceptable verification shall not be limited to any single type of document and may be obtained through the household or other source. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71U .0304 – This Rule refers to transmittal of ATP cards which are no longer used for the program. The Food, Conservation, and Energy Act of 2008 directed that no State shall issue any coupon, stamp, certification, or authorization card to a household that receives supplemental nutrition assistance under this Act. Effective beginning on the date one year after the date of the enactment, only an EBT card issued shall be eligible for exchange at any retail food store. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71V .0101 – This Rule refers to a process that is no longer used. Currently, administrative dollars are allocated based on the percentage of estimated Low Income Energy Assistance Program dollars that will go to a county. The number of applications each county takes is also taken into consideration. This process allows for a more accurate and consistent allocation of administrative dollars based on each county's actual LIEAP dollars and applicants. Our agency PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1289 identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71W .0102, .0201, .0301, .0401-.0402, .0406, .0409, .0411, .0501, .0701-.0703, .0705-.0711, .0801-.0803, .0901- .0904 – These Rules applied to the AFDC program, which was abolished by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which established the Temporary Assistance for Needy Families (TANF) program. Under the TANF program, these Rules are either obsolete or the criteria have been addressed in the TANF State Plan. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. 10A NCAC 71X .0101-.0108, .0201-.0210, .0301-.0304, .0401- .0413 – These Rules applied to the AFDC program, which was abolished by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which established the Temporary Assistance for Needy Families (TANF) program. Under the TANF program, these Rules are either obsolete or the criteria have been addressed in the TANF State Plan. Our agency identified during Internal Review of Rules (EO70) as needed to be repealed because they were outdated/unnecessary. Procedure by which a person can object to the agency on a proposed rule: Please submit your objection(s) in writing to Glenda Pearce, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699-2401 or email Glenda.pearce@dhhs.nc.gov; or by telephone at (919) 334- 1134. Comments may be submitted to: Glenda Pearce, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699- 2401; phone (919) 334-1134; fax (919) 334-1018; email glenda.pearce@dhhs.nc.gov Comment period ends: April 30, 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 Note: The Codifier of Rules has determined that publication of the complete text of these rules proposed to be repealed is impractical (G.S. 150B-17(b)). CHAPTER 67 – SOCIAL SERVICES - PROCEDURES SUBCHAPTER 67A – GENERAL ADMINISTRATION SECTION .0100 - ADMINISTRATION 10A NCAC 67A .0109 STATE PUBLIC ASSISTANCE EQUALIZING FUND Authority G.S. 108A-92; 143B-153. CHAPTER 68 - SOCIAL SERVICES: RULEMAKING SECTION .0200 - RULEMAKING: DIVISION DIRECTOR 10A NCAC 68 .0201 PETITIONS Authority G.S. 143B-10; 150B-16. 10A NCAC 68 .0207 FEES Authority G.S. 143B-10; 150B-11. CHAPTER 71 – ADULT AND FAMILY SUPPORT SUBCHAPTER 71E - RESIDENT EVALUATION SERVICES FOR ADULTS SECTION .0100 - GENERAL POLICIES 10A NCAC 71E .0101 DEFINITIONS 10A NCAC 71E .0102 AVAILABILITY OF THE SERVICE 10A NCAC 71E .0103 DEFINITION OF THE SERVICES 10A NCAC 71E .0104 TARGET POPULATION 10A NCAC 71E .0105 RESIDENT EVALUATION INSTRUMENT 10A NCAC 71E .0106 EVALUATION AND REFERRAL 10A NCAC 71E .0107 TRAINING REQUIREMENTS FOR RESIDENT EVLAUATORS 10A NCAC 71E .0108 METHODS OF SERVICE PROVISION 10A NCAC 71E .0109 CASE RECORD Authority G.S. 143B-153; S.L. 1999-237. SUBCHAPTER 71U - FOOD ASSISTANCE SECTION .0200 - MANUAL PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1290 10A NCAC 71U .0202 COUPON ISSUANCE Authority G.S. 108A-51; 143B-153; P.L. 104-193; 7 C.F.R. 274.2; 7 C.F.R. 274.3; U.S.C. 2011-2027. SECTION .0300 - FORMS 10A NCAC 71U .0301 FARMER OR DAY LABORER INCOME VERIFICATION Authority G.S. 143B-138(b)(5); 7 U.S.C. 2011 to 2026. 10A NCAC 71U .0304 TRANSMITTAL OF ATP CARDS Authority G.S. 143B-138, 143B-153; 7 U.S.C. 2011 to 2026. SUBCHAPTER 71V - LOW INCOME ENERGY ASSISTANCE PROGRAM 10A NCAC 71V .0101 FUNDING Authority G.S. 143B-153. SUBCHAPTER 71W - GENERAL PROGRAM ADMINISTRATION SECTION .0100 - GENERAL PROGRAM ADMINISTRATION 10A NCAC 71W .0102 GENERAL AFDC PROGRAM PROCEDURES Authority G.S. 143B-153. SECTION .0200 - COVERAGE 10A NCAC 71W .0201 OPTIONAL Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.10. SECTION .0300 - APPLICATION PROCESS 10A NCAC 71W .0301 ACCEPTANCE OF APPLICATION Authority G.S. 108A-43; 143B-153; 45 C.F.R. 206.10. SECTION .0400 - ELIGIBILITY FACTORS 10A NCAC 71W .0401 AGE 10A NCAC 71W .0402 SCHOOL ATTENDANCE Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.39. 10A NCAC 71W .0406 DEPRIVATION Authority G.S. 108A-25; 143B-153; 45 C.F.R. 233.90. 10A NCAC 71W .0409 NEED Authority G.S. 108A-25; 108A-33; 143B-153; 45 C.F.R. 233; c. 738, 1987 Session Laws. 10A NCAC 71W .0411 STATE WORK REQUIREMENT Authority G.S. 108A-29; 143B-153; 45 C.F.R. 233.10; 45 C.F.R. 233.20; 45 C.F.R. 250.30; 45 C.F.R. 250.34. SECTION .0500 - REDETERMINATION OF ELIGIBILITY 10A NCAC 71W .0501 CHANGES IN SITUATION Authority G.S. 143B-153; 45 C.F.R. 206.10. SECTION .0700 - EMERGENCY ASSISTANCE COVERAGE 10A NCAC 71W .0701 ELIGIBILITY FOR COVERAGE 10A NCAC 71W .0702 EMERGENCIES COVERED 10A NCAC 71W .0703 EMERGENCY NOT COVERED Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 233.120. 10A NCAC 71W .0705 TYPES OF ASSISTANCE PROVIDED 10A NCAC 71W .0706 METHODS OF PAYMENT 10A NCAC 71W .0707 APPLICATION AND DISPOSITION 10A NCAC 71W .0708 RESERVE 10A NCAC 71W .0709 INCOME 10A NCAC 71W .0710 RESERVE AND INCOME FOR SERVICES 10A NCAC 71W .0711 PROCEDURES Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 233.120. SECTION .0800 - UNEMPLOYED PARENT PROGRAM 10A NCAC 71W .0801 GENERAL PROCEDURES 10A NCAC 71W .0802 COVERAGE AND PARTICIPATION 10A NCAC 71W .0803 ELIGIBILITY VERIFICATIONS Authority G.S. 108A-28; 143B-153; Chapter 738, 1987 Session Laws. SECTION .0900 - TRANSITIONAL CHILD CARE 10A NCAC 71W .0901 GENERAL REQUIREMENTS 10A NCAC 71W .0902 METHODS OF PROVIDING CHILD CARE 10A NCAC 71W .0903 SLIDING FEE SCALE 10A NCAC 71W .0904 CHILD CARE RATES AND MAXIMUM PAYMENT Authority G.S. 108A-25; 143B-153; 45 C.F.R. Part 256. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1291 SUBCHAPTER 71X - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM SECTION .0100 - ADMINISTRATION 10A NCAC 71X .0101 IMPLEMENTATION SCHEDULE 10A NCAC 71X .0102 COUNTY PLAN 10A NCAC 71X .0103 OPTIONAL COMPONENTS 10A NCAC 71X .0104 POST-SECONDARY EDUCATION 10A NCAC 71X .0105 PARTICIPATION RATE 10A NCAC 71X .0106 EXPENDITURE RATE 10A NCAC 71X .0107 APPLICANTS 10A NCAC 71X .0108 JOBS CASE MANAGEMENT Authority G.S. 108A-29; 143B-153; 42 U.S.C. 682(a)(2); 45 C.F.R. 250.11. SECTION .0200 - JOBS PARTICIPATION 10A NCAC 71X .0201 PARTICIPATION OF UNEMPLOYED PARENT IN EDUCATION 10A NCAC 71X .0202 CONCILIATION PROCEDURE 10A NCAC 71X .0203 ASSIGNMENT OF 16 AND 17 YEAR OLD CUSTODIAL PARENTS 10A NCAC 71X .0204 ASSIGNMENT OF 18 AND 19 YEAR OLD CUSTODIAL PARENTS 10A NCAC 71X .0205 ASSIGNMENT OF PARTICIPANTS 20 YEARS OF AGE OR OLDER 10A NCAC 71X .0206 SATISFACTORY PROGRESS IN AN EDUCATIONAL COMPONENT 10A NCAC 71X .0207 CONTINUATION IN PROGRAM COMPONENTS AFTER AFDC TERMINATION 10A NCAC 71X .0208 PROVISION OF CASE MANAGEMENT AND SUPPORTIVE SERVICES 10A NCAC 71X .0209 CRITERIA FOR SELF-INITIATED EDUCATION OR TRAINING 10A NCAC 71X .0210 SERVICES DURING GAPS IN PARTICIPATION Authority G.S. 108A-29; 143B-153; 42 U.S.C. 682(a)(2); 45 C.F.R. 255.2(d). SECTION .0300 - JOBS PROGRAM COMPONENTS AND ACTIVITIES 10A NCAC 71X .0301 JOBS COMPONENT EXPENSES 10A NCAC 71X .0302 WORK EXPERIENCE 10A NCAC 71X .0303 POST-SECONDARY EDUCATION 10A NCAC 71X .0304 ALTERNATIVE WORK EXPERIENCE Authority G.S. 143B-153; 45 C.F.R. 250.63(k); 42 U.S.C. 682(a)(2). SECTION .0400 - SUPPORTIVE SERVICES 10A NCAC 71X .0401 SUPPORTIVE SERVICES TO BE AVAILABLE IN JOBS COUNTIES 10A NCAC 71X .0402 HEALTH SUPPORT SERVICES 10A NCAC 71X .0403 IN-HOME AIDE SERVICES 10A NCAC 71X .0404 TRANSPORTATION SERVICES 10A NCAC 71X .0405 CHILD CARE TRANSPORTATION 10A NCAC 71X .0406 PERSONAL AND FAMILY COUNSELING 10A NCAC 71X .0407 INDIVIDUAL AND FAMILY ADJUSTMENT SERVICES 10A NCAC 71X .0408 PARTICIPATION EXPENSES 10A NCAC 71X .0409 ONE-TIME WORK RELATED EXPENSES 10A NCAC 71X .0410 DAY CARE SERVICES FOR ADULTS 10A NCAC 71X .0411 SUPPORTIVE SERVICES TO BE AVAILABLE IN NON-JOBS COUNTIES 10A NCAC 71X .0412 SUPPORTIVE SERVICES LIMITS 10A NCAC 71X .0413 DEFINITION OF FAMILY MEMBER Authority G.S. 108A-29; 143B-153; 42 U.S.C. 602(g); 42 U.S.C. 682(a)(2); 45 C.F.R. 250.10; 45 C.F.R. 255.1(c); 45 C.F.R. 255.2(c)(2). TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS CHAPTER 03 – NORTH CAROLINA BOARD OF ATHLETIC TRAINER EXAMINERS Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Athletic Trainer Examiners intends to adopt the rules cited as 21 NCAC 03 .0202, .0310; and amend the rule cited as 21 NCAC 03 .0201. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncbate.org Proposed Effective Date: July 1, 2012 Public Hearing: Date: March 21, 2012 Time: 10:00 a.m. Location: NC Board of Athletic Trainer Examiners, 11A Glenwood Avenue, Raleigh, NC 27603 Reason for Proposed Action: 21 NCAC 03 .0201 – Increased costs for Board services and clarification of fees 21 NCAC 03 .0202, .0310 – Meeting statutory requirements Procedure by which a person can object to the agency on a proposed rule: Contact Paola Learoyd, Executive Director, in writing at NCBATE, P.O. Box 10769, Raleigh, NC 27605. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1292 Comments may be submitted to: Paola Learoyd, Executive Director, P.O. Box 10769, Raleigh, NC 27605; phone (919) 821- 4980; email paola@recanc.com Comment period ends: April 30, 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 SECTION .0200 - FEES 21 NCAC 03 .0201 FEES The following fees are payable to the Board by cash, check or money order: License Issuance Fee $100.00 $200.00 License Renewal Fee $ 50.00 $ 75.00 Reinstatement of Lapsed License Fee $75.00 $100.00 Duplicate License Fee $ 10.00 Reasonable Charges for Duplication Services and Materials. Authority G.S. 90-525; 90-534. 21 NCAC 03 .0202 SUSPENSION OF AUTHORITY AND ESCROW OF FUNDS The Board shall file the annual reports set forth in G.S. 93B-2 no later than October 31 of each year. In the event the Board fails to file the reports as required by G.S. 93B-2 and the Board's authority to expend any funds is suspended until such time as the Board files the required reports, the Board shall deposit any fees or funds received during the period of suspension into an escrow account established by the Board solely for this purpose. Authority G.S. 90-525. SECTION .0300 - RENEWAL OF LICENSE 21 NCAC 03 .0310 ARMED SERVICES EXTENSION FOR CREDENTIAL Upon receipt of a written request by or on behalf of a licensed athletic trainer who is currently in good standing with the Board, is serving in the armed forces of the United States, and to whom G.S. 105-249 authorizes an extension of time to file a tax return, the Board shall postpone renewal fees, renewal application deadlines, continuing education requirements and any other requirements or conditions related to the maintenance of the credential issued by the Board or to the renewal thereof for the same period of time as the extended period of time to file a tax return that is granted pursuant to G.S. 93B-15. Authority G.S. 90-525. * * * * * * * * * * * * * * * * * * * * CHAPTER 36 - BOARD OF NURSING Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Nursing intends to amend the rules cited as 21 NCAC 36 .0120, .0702-.0703, .0801, .0803-.0804, and .0808. Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncbon.com Proposed Effective Date: July 1, 2012 Public Hearing: Date: May 17, 2012 Time: 1:00 p.m. Location: NC Board of Nursing Office, 4516 Lake Boone Trail, Raleigh, NC 27607 Reason for Proposed Action: 21 NCAC 36 .0120 – To clarify definition of APRN, expressly listing the four distinct roles; this is also consistent with national nomenclature for advanced practice registered nurses. 21 NCAC 36 .0702, .0703 – To bring the licensure compact rules in compliance with the Nurse Licensure Compact Administration Model Rules for the Nurse Licensure Compact, consistent with Article 9G of Chapter 90. 21 NCAC 36 .0801, .0803, .0804, .0808 – The NC Board of Nursing and the NC Medical Board recently reviewed the Nurse Practitioner rules to improve clarity and to be more in sync with the physician assistant process; correct references in rule and to change the years of inactive for the refresher course. Procedure by which a person can object to the agency on a proposed rule: Persons may submit objections to this rule by contacting Jean H. Stanley, APA Coordinator, NC Board of Nursing, P.O. Box 2129, Raleigh, NC 27602; fax (919) 781- 9461; email jeans@ncbon.com. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1293 Comments may be submitted to: Jean H. Stanley, NC Board of Nursing, P.O. Box 2129, Raleigh, NC 27602; fax (919) 781- 9461; email jeans@ncbon.com Comment period ends: May 17, 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 SECTION .0100 - GENERAL PROVISIONS 21 NCAC 36 .0120 DEFINITIONS The following definitions shall apply throughout this chapter unless the context indicates otherwise: (1) "Academic term" means one semester of a school year. (2) "Accountability/Responsibility" means being answerable for action or inaction of self, and of others in the context of delegation or assignment. (3) "Accredited institution" means an institution accredited by a United States Department of Education approved institutional accrediting body. (4) "Active Practice" means activities that are performed, either for compensation or without compensation, consistent with the scope of practice for each level of licensee as defined in G.S. 90-171.20(4), (7) and (8). (5) "Advanced Practice Registered Nurse (APRN)" means nurse practitioner, nurse anesthetist, nurse-midwife or clinical nurse specialist. for the purposes of Board qualification a nurse who meets the criteria specified in G.S. 90-171.21(d)(4). (6) "Assigning" means designating responsibility for implementation of a specific activity or set of activities to a person licensed and competent to perform such activities. (7) "Clinical experience" means application of nursing knowledge in demonstrating clinical judgment. (8) "Clinical judgment" means the application of the nursing student's knowledge, skills, abilities and experience in making decisions about client care. (9) "Competent" means having the knowledge, skills and ability to safely perform an activity or role. (10) "Continuing Competence" means the on-going acquisition and application of knowledge and the decision-making, psychomotor, and interpersonal skills expected of the licensed nurse resulting in nursing care that contributes to the health and welfare of clients served. (11) "Contact Hour" means 60 minutes of an organized learning experience. (12) "Continuing Education Activity" means a planned, organized learning experience that is related to the practice of nursing or contributes to the competency of the nurse as defined in 21 NCAC 36 .0223 Subparagraph (a)(2). (13) "Controlling institution" means the degree-granting organization or hospital under which the nursing education program is operating. (14) "Curriculum" means an organized system of teaching and learning activities directed toward the achievement of specified learning objectives/outcomes. (15) "Delegation" means transferring to a competent individual the authority to perform a selected nursing activity in a selected situation. The nurse retains accountability for the delegation. (16) "Dimensions of Practice" means those aspects of nursing practice that include professional responsibility, knowledge-based practice, legal/ethical practice and collaborating with others, consistent with G.S. 90-171.20(4), (7) and (8). (17) "Distance education" means the teaching/learning strategies used to meet the learning needs of students, when the students and faculty are separate from each other. (18) "Faculty directed clinical practice" means the responsibility of nursing program faculty in overseeing student clinical learning including the utilization of preceptors. (19) "Focused client care experience" means a clinical experience that simulates an entry-level work experience. The intent is to assist the student to transition to an entry-level practice. There is no specific setting requirement. Supervision may be by PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1294 faculty/preceptor dyad or direct faculty supervision. (20) "Interdisciplinary faculty" means faculty from professions other than nursing. (21) "Interdisciplinary team" means all individuals involved in providing a client's care, who cooperate, collaborate, communicate and integrate care to ensure that care is continuous and reliable. (22) "Level of Licensure" means practice of nursing by either a Licensed Practice Nurse or a Registered Nurse as defined in G.S. 90- 171.20(7) and (8). (23) "Level of student" means the point in the program to which the student has progressed. (24) "Maximum enrollment" means the total number of pre-licensure students that can be enrolled in the nursing program at any one time. The number reflects the capacity of the nursing program based on demonstrated resources sufficient to implement the curriculum. (25) "Methods of Instruction" means the planned process through which teacher and student interact with selected environment and content so that the response of the student gives evidence that learning has taken place. It is based upon stated course objectives/outcomes for learning experiences in classroom, laboratory and clinical settings. (26) "National Credentialing Body" means a credentialing body that offers certification or re-certification in the licensed nurse's or Advanced Practice Registered Nurse's specialty area of practice. (27) "NCLEX-PN™" means the National Council Licensure Examinations for Practical Nurses. (28) "NCLEX-RN™" means the National Council Licensure Examinations for Registered Nurses. (29) "Nursing Accreditation body" means a national nursing accrediting body, recognized by the United States Department of Education. (30) "Nursing program faculty" means individuals employed full or part time by academic institution responsible for developing, implementing, evaluation and updating nursing curricula. (31) "Nursing project" means a project or research study of a topic related to nursing practice that includes a problem statement, objectives, methodology and summary of findings. (32) "Participating in" means to have a part in or contribute to the elements of the nursing process. (33) "Pattern of noncompliance" means episodes of recurring non-compliance with one or more Rules in Section .0300. (34) "Preceptor" means a registered nurse at or above the level of licensure that an assigned student is seeking, who may serve as a teacher, mentor, role model and supervisor for a faculty directed clinical experience. (35) "Prescribing Authority" means the legal permission granted by the Board of Nursing and Medical Board for the nurse practitioner and nurse midwife to procure and prescribe legend and controlled pharmacological agents and devices to a client in compliance with Board of Nursing rules and other applicable federal and state law and regulations. (36) "Program Closure" means to cease operation of a nursing program. (37) "Program Type" means a course of study that prepares an individual to function as an entry-level practitioner of nursing. The three program types are: (a) BSN - Curriculum components for Bachelor of Science in Nursing provides for the attainment of knowledge and skill sets in the current practice in nursing, nursing theory, nursing research, community and public health, health care policy, health care delivery and finance, communications, therapeutic interventions and current trends in health care. For this program type, the client is the individual, family, group, and community. (b) Associate Degree in Nursing (ADN)/Diploma in Registered Nursing - Curriculum components for the ADN/Diploma in Registered Nursing provides for the attainment of knowledge and skill sets in the current practice in nursing, community concepts, health care delivery, communications, therapeutic interventions and current trends in health care. For this program type, client is the individual, group of individuals, and family. (c) Practical Nurse Diploma - Curriculum prepares for functioning in a dependent role in providing direct nursing care under the direction of a registered nurse or other health care provider as defined by the Nursing Practice Act. Curriculum components provide for the attainment of knowledge and skill sets in the current practice of practical nursing, communications, therapeutic interventions, including pharmacology, growth and development and current trends in PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1295 health care. For this program type client is the individual, or group of individuals. (38) "Review" means collecting and analyzing information to assess compliance with Section .0300 of this Chapter. Information may be collected by multiple methods including review of written reports and materials, on-site observations and review of documents or in person or telephone interview(s) and conference(s) (39) "Rescind Approval" means a Board action that removes the approval status previously granted. (40) "Self Assessment" means the process whereby the individual reviews her/his own nursing practice and identifies the knowledge and skills possessed, as well as those skills to be strengthened. (41) "Specialty" means a broad, population-based focus of study encompassing the common health-related problems of that group of patients and the likely co-morbidities, interventions and responses to those problems. (42) "Supervision" means the provision of guidance or direction, evaluation and follow-up by the licensed nurse for accomplishment of an assigned or delegated nursing activity or set of activities. (43) "Survey" means an on-site visit for the purpose of gathering data in relation to reviewing nursing programs compliance with Section .0300 of this Chapter. Authority G.S. 90-171.23; 90-171.38. SECTION .0700 - NURSE LICENSURE COMPACT 21 NCAC 36 .0702 ISSUANCE OF A LICENSE BY A COMPACT PARTY STATE For the purpose of the Compact: (1) A nurse applying for a license in a home state shall produce evidence of the nurses' primary state of residence. Such evidence shall include a declaration signed by the licensee attesting to the licensee's primary state of residence. Further evidence that may be requested includes, but is not limited to: (a) Driver's license with a home address; (b) Voter registration card displaying a home address; or (c) Federal income tax return declaring the primary state of residence; residence. (d) Military Form No. 2058 – state of legal residence certificate; or (e) W2 from US Government or any bureau, division or agency thereof indicating the declared state of residence. (2) A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multistate licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 30 days. (3) The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance. The 30-day period in Item (2) of this Rule shall be stayed until resolution of the pending investigation. (4) The former home state license shall no longer be valid upon the issuance of a new home state license. (5) If a decision is made by the new home state denying licensure, the new home state shall notify the former home state within 10 business days and the former home state may take action in accordance with that state's laws and rules. (6) As of July 1, 2005, no individual shall be issued a multistate licensure privilege unless the applicant provides evidence of successful completion of the licensing examination developed by the National Council of State Boards of Nursing, Inc. (7) A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued by the party state. (8) A license issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license. Authority G.S. 90-171.82(6); 90-171.83(a)(b); 90-171.85(b); 90- 171.87(4). 21 NCAC 36 .0703 LIMITATIONS ON MULTISTATE LICENSURE PRIVILEGE (a) Home state Boards shall include in all licensure disciplinary orders or agreements that limit practice or require monitoring the requirement that the licensee subject to said order or agreement will agree to limit the licensee's practice to the home state during the pendency of the disciplinary order or agreement. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state Boards. (b) An individual who had a license which was surrendered, revoked, suspended, or an application denied for cause in a prior state of primary residence, may be issued a single state license in a new primary state of residence until such time as the individual PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1296 would be eligible for an unrestricted license by the prior state(s) or adverse action. Once eligible for licensure in the prior state(s); a multistate license may be issued. Authority G.S. 90-171.37; 90-171.85(f); 90-171.87(4). SECTION .0800 - APPROVAL AND PRACTICE PARAMETERS FOR NURSE PRACTITIONERS 21 NCAC 36 .0801 DEFINITIONS The following definitions apply to this Section: (1) "Medical Board" means the North Carolina Medical Board. (2) "Board of Nursing" means the North Carolina Board of Nursing. (3) "Joint Subcommittee" means the subcommittee composed of members of the Board of Nursing and members of the Medical Board to whom responsibility is given by G.S. 90-8.2 and G.S. 90-171.23(b)(14) to develop rules to govern the performance of medical acts by nurse practitioners in North Carolina. (4) "Nurse Practitioner" or "NP" means a currently licensed registered nurse approved to perform medical acts consistent with the nurse's area of nurse practitioner academic educational preparation and national certification under an agreement with a licensed physician for ongoing supervision, consultation, collaboration and evaluation of the medical acts performed. Such medical acts are in addition to those nursing acts performed by virtue of registered nurse (RN) licensure. The NP is held accountable under the RN license for those nursing acts that he or she may perform. (5) "Registration" means authorization by the Medical Board and the Board of Nursing for a registered nurse to use the title nurse practitioner in accordance with this Section. (6) "Approval to Practice" means authorization by the Medical Board and the Board of Nursing for a nurse practitioner to perform medical acts within her or his area of educational preparation and certification under a collaborative practice agreement (CPA) with a licensed physician in accordance with this Section. (7) "Supervision" means the physician's function of overseeing medical acts performed by the nurse practitioner. (8) "Collaborative practice agreement" means the arrangement for nurse practitioner-physician continuous availability to each other for ongoing supervision, consultation, collaboration, referral and evaluation of care provided by the nurse practitioner. (9) "Primary Supervising Physician" means the licensed physician who, by signing the nurse practitioner application, who shall provide ongoing supervision, collaboration, consultation and evaluation of the medical acts performed by the nurse practitioner as defined in the collaborative practice agreement. Supervision shall be in compliance with the following: (a) The primary supervising physician shall assure both Boards that the nurse practitioner is qualified to perform those medical acts described in the collaborative practice agreement. (b) A physician in a graduate medical education program, whether fully licensed or holding only a resident's training license, shall not be named as a primary supervising physician. (c) A fully licensed physician in a graduate medical education program who is also practicing in a non-training situation may supervise a nurse practitioner in the non-training situation. (10) "Back-up Supervising Physician" means the licensed physician who, by signing an agreement with the nurse practitioner and the primary supervising physician(s) shall provide supervision, collaboration, consultation and evaluation of medical acts by the nurse practitioner in accordance with the collaborative practice agreement when the Primary Supervising Physician is not available. Back-up supervision shall be in compliance with the following: (a) The signed and dated agreements for each back-up supervising physician(s) shall be maintained at each practice site. (b) A physician in a graduate medical education program, whether fully licensed or holding only a resident's training license, shall not be named as a back-up supervising physician. (c) A fully licensed physician in a graduate medical education program who is also practicing in a non-training situation and has a signed collaborative practice agreement with the nurse practitioner and the primary supervising physician may be a back-up supervising physician for a nurse practitioner in the non-training situation. (11) "Volunteer Approval" means approval to practice consistent with this rule except without expectation of direct or indirect compensation or payment (monetary, in kind or otherwise) to the nurse practitioner. PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1297 (12) Disaster" means a state of disaster as defined in G.S. 166A-4(1a) and proclaimed by the Governor, or by the General Assembly pursuant to G.S. 166A-6. (13) "National Credentialing Body" means one of the following credentialing bodies that offers certification and re-certification in the nurse practitioner's specialty area of practice: American Nurses Credentialing Center (ANCC); American Academy of Nurse Practitioners (AANP); American Association of Critical Care Nurses Certification Corporation (AACN); National Certification Corporation of the Obstetric Gynecologic and Neonatal Nursing Specialties (NCC); and the Pediatric Nursing Certification Board (PNCB). Authority G.S. 90-8.1; 90-8.2; 90-18(14); 90-18.2; 90- 171.20(4); 90-171.20(7); 90-171.23(b); 90-171.83. 21 NCAC 36 .0803 NURSE PRACTITIONER REGISTRATION (a) The Board of Nursing shall register an applicant who: (1) has an unrestricted license to practice as a registered nurse in North Carolina and, when applicable, an unrestricted approval, registration or license as a nurse practitioner in another state, territory, or possession of the United States; (2) has successfully completed a nurse practitioner education program as outlined in Rule .0805 of this Section; (3) is certified as a nurse practitioner by a national credentialing body consistent with 21 NCAC 36 .0120(7) and (9); 21 NCAC 36 .0801(13); and (4) has supplied additional information necessary to evaluate the application as requested. (b) Beginning January 1, 2005, new graduates of a nurse practitioner program, who are seeking first-time nurse practitioner registration in North Carolina shall: (1) hold a Master's or higher degree in Nursing or related field with primary focus on Nursing; (2) have successfully completed a graduate level nurse practitioner education program accredited by a national accrediting body; and (3) provide documentation of certification by a national credentialing body. Authority G.S. 90-18(c)(13); 90-18.2; 90-171.20(7); 90- 171.23(b); 90-171.83. 21 NCAC 36 .0804 PROCESS FOR APPROVAL TO PRACTICE (a) Prior to the performance of any medical acts, a nurse practitioner shall: (1) meet registration requirements as specified in 21 NCAC 36 .0803 of this Section; (2) submit an application for approval to practice; (3) submit any additional information necessary to evaluate the application as requested; and (4) have a collaborative practice agreement with a primary supervising physician. (b) A nurse practitioner seeking approval to practice who has not practiced as a nurse practitioner in more than five two years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification. (c) The nurse practitioner shall not practice until notification of approval to practice is received from the Board of Nursing after both Boards have approved the application. (d) The nurse practitioner's approval to practice is terminated when the nurse practitioner discontinues working within the approved nurse practitioner collaborative practice agreement, or experiences an interruption in her/his registered nurse licensure status, and the nurse practitioner shall notify the Board of Nursing in writing. The Boards may extend the nurse practitioner's approval to practice in cases of emergency such as injury, sudden illness or death of the primary supervising physician. (e) Applications for approval to practice in North Carolina shall be submitted to the Board of Nursing and then approved by both Boards as follows: (1) the Board of Nursing shall verify compliance with Rule .0803 and Paragraph (a) of this Rule; and (2) the Medical Board shall verify that the designated primary supervising physician holds a valid license to practice medicine in North Carolina and compliance with Paragraph (a) of this Rule. (f) Applications for approval of changes in practice arrangements for a nurse practitioner currently approved to practice in North Carolina: (1) addition or change of primary supervising physician shall be submitted to the Board of Nursing and processed pursuant to protocols developed by both Boards; and (2) request for change(s) in the scope of practice shall be submitted to the Joint Subcommittee. (g) A registered nurse who was previously approved to practice as a nurse practitioner in this state who reapplies for approval to practice shall: (1) meet the nurse practitioner approval requirements as stipulated in Rule .0808(c) of this Section; and (2) complete the appropriate application. (h) Volunteer Approval to Practice. The North Carolina Board of Nursing shall grant approval to practice in a volunteer capacity to a nurse practitioner who has met the qualifications to practice as a nurse practitioner in North Carolina. (i) The nurse practitioner shall pay the appropriate fee as outlined in Rule .0813 of this Section. (j) A Nurse Practitioner approved under this Section shall keep proof of current licensure, registration and approval available for PROPOSED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1298 inspection at each practice site upon request by agents of either Board. Authority G.S. 90-18(13), (14); 90-18.2; 90-171.20(7); 90- 171.23(b). 21 NCAC 36 .0808 INACTIVE STATUS (a) Any nurse practitioner who wishes to place her or his approval to practice on an inactive status shall notify the Board of Nursing. (b) A nurse practitioner with an inactive approval to practice status shall not practice as a nurse practitioner. (c) A nurse practitioner with an inactive approval to practice status who reapplies for approval to practice shall meet the qualifications for approval to practice in Rules .0803(a)(1), .0804(a) and (b), .0804(a), .0806(b), .0807, and .0810 of this Section and receive notification from the Board of Nursing of approval prior to beginning practice after the application is approved by both Boards. (d) A nurse practitioner with an inactive approval to practice status of greater than who has not practiced as a nurse practitioner in more than two five years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification in order to be eligible to apply for approval to practice. certification. Authority G.S. 90-18(13); 90-18.2; 90-171.36; 90-171.83. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1299 This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B- 21.17. Rules approved by the Rules Review Commission at its meeting on January 19, 2012. REGISTER CITATION TO THE NOTICE OF TEXT ALCOHOLIC BEVERAGE CONTROL COMMISSION Notice of Alleged Violation 04NCAC 02R .0802* 26:06 NCR CHILD CARE COMMISSION General Safety Requirements 10ANCAC 09 .0604* 26:05 NCR SHERIFFS EDUCATION AND TRAINING STANDARDS COMMISSION Limited Lecturer Certification 12NCAC 10B .0908* 26:07 NCR Instructors 12NCAC 10B .2004* 26:07 NCR Minimum Training Requirements 12NCAC 10B .2005* 26:07 NCR ALARM SYSTEMS LICENSING BOARD Application for License 12NCAC 11 .0201* 26:02 NCR Renewal or Re-issue of License 12NCAC 11 .0204* 26:02 NCR Application for Registration 12NCAC 11 .0301* 26:02 NCR Renewal or Reregistration of Registration 12 NCAC 11 .0306* 26:02 NCR MARINE FISHERIES COMMISSION Trout 15ANCAC 03M .0504 26:03 NCR Shad 15ANCAC 03M .0519 26:03 NCR Surrender of Licenses 15ANCAC 03O .0111 26:03 NCR Suspension, Revocation and Reissuance of Licenses 15ANCAC 03O .0114* 26:03 NCR SEDIMENTATION CONTROL COMMISSION Design Standards for the Upper Neuse River Basin 15ANCAC 04B .0132* 26:06 NCR WILDLIFE RESOURCES COMMISSION Wild Boar (Both Sexes) 15ANCAC 10B .0204* n/a G.S. 150B-21.5(b) Feral Swine 15ANCAC 10B .0223 26:05 NCR WATER TREATMENT FACILITY OPERATORS CERTIFICATION BOARD Grades of Certification 15ANCAC 18D .0201* 26:08 NCR Fee Schedule 15ANCAC 18D .0304* 26:08 NCR CERTIFIED PUBLIC ACCOUNTANT EXAMINERS, BOARD OF Computation of CPE Credits 21NCAC 08G .0409 26:08 NCR APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1300 Professional Ethics and Conduct CPE 21 NCAC 08G .0410 26:08 NCR Retired and Inactive Status: Change of Status 21 NCAC 08J .0105 26:08 NCR COSMETIC ART EXAMINERS, BOARD OF Internships 21NCAC 14T .0614* 26:04 NCR School Operations/Licensure Maintenance 21 NCAC 14T .0701* 26:04 NCR MEDICAL BOARD Initiation of Formal Hearings 21NCAC 32N .0101 26:02 NCR Continuances 21NCAC 32N .0102 26:02 NCR Disqualification for Personal Bias 21NCAC 32N .0103 26:02 NCR Discovery 21NCAC 32N .0104 26:02 NCR Informal Proceedings 21NCAC 32N .0105 26:02 NCR Definitions 21NCAC 32N .0106* 26:02 NCR Investigations and Complaints 21NCAC 32N .0107* 26:02 NCR Investigative Interviews by Board Members 21 NCAC 32N .0108 26:02 NCR Pre-Charge Conference 21NCAC 32N .0109 26:02 NCR Initiation of Disciplinary Hearings 21NCAC 32N .0110 26:02 NCR Conducting Disciplinary Hearings 21NCAC 32N .0111 26:02 NCR Post Hearing Motions 21NCAC 32N .0112 26:02 NCR Correction of Clerical Mistakes 21NCAC 32N .0113 26:02 NCR PODIATRY EXAMINERS, BOARD OF Continuing Education 21NCAC 52 .0208* 26:07 NCR REAL ESTATE COMMISSION Active and Inactive License Status 21NCAC 58A .0504* n/a G.S. 150B-21.5(a)(5) Licensing of Persons Licensed in Another Jurisdiction 21 NCAC 58A .0511* n/a G.S. 150B-21.5(a)(5) These rules are subject to the next Legislative Session. (See G.S. 150B-21.3) CHILD CARE COMMISSION Definitions 10ANCAC 09 .0102* 25:14 NCR Education Standards for a Two Component Rated... 10ANCAC 09 .2819* 25:14 NCR Education Standards for Lead Teachers for a Rated... 10ANCAC 09 .2820* 25:14 NCR Education Standards for Teachers for Rated License... 10ANCAC 09 .2821* 25:14 NCR Education Standards for Program Coordinators for a... 10ANCAC 09 .2822* 25:14 NCR Education Standards for Group Leaders and Assist... 10ANCAC 09 .2823* 25:14 NCR Education Standards for a Rated License for Admi… 10ANCAC 09 .2824* 25:14 NCR Education Standards for Program Coordinators for... 10ANCAC 09 .2825* 25:14 NCR Education Standards for Group Leaders and Assistan... 10A NCAC 09 .2826* 25:14 NCR Education Standards for Operators for a Rated Licen... 10ANCAC 09 .2827* 25:14 NCR APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1301 TITLE 04 – DEPARTMENT OF COMMERCE 04 NCAC 02R .0802 NOTICE OF ALLEGED VIOLATION If facts reported by a law enforcement officer indicate a violation of the ABC laws, the Commission shall send a Notice of Alleged Violation to the permittee. The permittee is deemed notified if the notice is delivered to the permittee's address as stated on the permit. History Note: Authority G.S. 1A-1, Rule 4(j); 18B-100; 18B-104; 18B-203(a)(12); 18B-207; 150B-22; 150B-23; Eff. January 1, 1982; Amended Eff. February 1, 2012; July 1, 1992; May 1, 1984. TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN SERVICES 10A NCAC 09 .0102 DEFINITIONS The terms and phrases used in this Chapter are defined as follows except when the 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 and Early Education, Department of Health and Human Services located at 319 Chapanoke Road, Suite 120, Raleigh, North Carolina 27603. (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. (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. (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 APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1302 treatment of minor injuries or stabilization of major injuries. (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. (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. (16) "Household member" means a person who resides in a family home as evidenced by factors 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. (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 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). 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. (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. (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. (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. (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. (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. 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. (23) "Owner" means any person with a five percent or greater equity interest in a child care APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1303 facility, 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 a child care provider. (24) "Parent" means a child's parent, legal guardian, or full-time custodian. (25) "Part-time care" means a child care arrangement where children attend on a regular schedule but less than a full-time basis. (26) "Passageway" means a hall or corridor. (27) "Person" means any individual, trust, estate, partnership, corporation, joint stock company, consortium, or any other group, entity, organization, or association. (28) "Preschooler" or "preschool-age child" means any child who does not fit the definition of school-age child in this Rule. (29) "School-Age Care Environment Rating Scale" (Harms, Jacobs, and White, 1996, published by Teachers College Press) 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 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. (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. (31) "Seasonal Program" means a recreational program as set forth in G.S. 110-86(2)(b). (32) "Section" means Division of Child Development and Early Education. (33) "Substitute" means any person who assumes the duties of a staff person for a time period not to exceed two consecutive months. (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. (35) "Track-Out Program" means any child care provided to school-age children when they are out of school on a year-round school calendar. (36) "Volunteer" means a person who works in a child care facility and is not monetarily compensated by the facility. History Note: Authority G.S. 110-85; 110-88; 143B-168.3; Eff. January 1, 1986; Amended Eff. April 1, 1992; October 1, 1991; October 1, 1990; November 1, 1989; Temporary Amendment Eff. January 1, 1996; Amended Eff. August 1, 2010; November 1, 2007; May 1, 2006; May 1, 2004; April 1, 2003; July 1, 2000; April 1, 1999; July 1, 1998; April 1, 1997; Amended Eff. Pending Legislative Review. 10A NCAC 09 .0604 GENERAL SAFETY REQUIREMENTS (a) In child care centers, potentially hazardous items, such as archery equipment, hand and power tools, nails, chemicals, propane stoves, lawn mowers, and gasoline or kerosene, whether or not intended for use by children, shall be stored in locked areas or with other safeguards, or shall be removed from the premises. (b) Firearms and ammunition are prohibited in a licensed child care program unless carried by a law enforcement officer. (c) Electrical outlets not in use which are located in space used by the children shall be covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. (d) Electric fans shall be mounted out of the reach of children or shall be fitted with a mesh guard to prevent access by children. (e) All electrical appliances shall be used only in accordance with the manufacturer's instructions. For appliances with heating elements, such as bottle warmers, crock pots, irons, coffee pots, or curling irons, neither the appliance nor the cord, if applicable, shall be accessible to preschool-age children. (f) Electrical cords shall not be accessible to infants and toddlers. Extension cords, except as approved by the local fire inspector, shall not be used. Frayed or cracked electrical cords shall be replaced. (g) All materials used for starting fires, such as matches and lighters, shall be kept in locked storage or shall be stored out of the reach of children. (h) Smoking is not permitted in space used by children when children are present. All smoking materials shall be kept in locked storage or out of the reach of children. (i) Fuel burning heaters, fireplaces and floor furnaces shall be provided with a protective screen attached securely to supports to prevent access by children and to prevent objects from being thrown into them. (j) Plants that are toxic shall not be in indoor or outdoor space that is used by or is accessible to children. (k) Air conditioning units shall be located so that they are not accessible to children or shall be fitted with a mesh guard to prevent objects from being thrown into them. (l) Gas tanks shall be located so they are not accessible to the children or shall be in a protective enclosure or surrounded by a protective guard. (m) Cribs and playpens shall be placed so that the children occupying them shall not have access to cords or ropes, such as venetian blind cords. (n) Once a day, prior to initial use, the indoor and outdoor premises shall be checked for debris, vandalism, and broken equipment. Debris shall be removed and disposed. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1304 (o) Plastic bags, toys, and toy parts small enough to be swallowed, and materials that can be easily torn apart such as foam rubber and styrofoam, shall not be accessible to children under three years of age, except that styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Latex and rubber balloons shall not be accessible to children under five years of age. (p) When non-ambulatory children are in care, a crib or other device shall be available for evacuation in case of fire or other emergency. The crib or other device shall be fitted with wheels in order to be easily moveable, have a reinforced bottom, and shall be able to fit through the designated fire exit. For centers that do not meet institutional building code, and the exit is more than eight inches above grade, the center shall develop a plan to ensure a safe and timely evacuation of the crib or other device. This plan shall be demonstrated to a Division representative for review and approval. During the monthly fire drills required by Rule 10A NCAC 09 .0302(d)(4), the evacuation crib or other device shall be used in the manner described in the evacuation plan. (q) A first aid kit must always be available on site. History Note: Authority G.S. 110-85; 110-91(3),(6); 143B- 168.3; Eff. January 1, 1991; Amended Eff. January 1, 1996; November 1, 1991; Temporary Amendment Eff. October 1, 1997; Amended Eff. February 1, 2012; July 1, 2010; December 1, 2007; April 1, 2001; July 1, 1998. 10A NCAC 09 .2819 EDUCATION STANDARDS FOR ON-SITE ADMINISTRATORS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating the education standards for an on-site administrator for child care centers. The points for education standards are determined by applying this Rule along with Rules .2820, .2821, .2822 and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Two years of full-time verifiable early childhood work experience, or one year experience in child care administration; and (3) If providing school-age care, 150 hours of verifiable experience working with school-aged children in a licensed child care program; or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall complete the BSAC Training or its equivalent. Completion of these requirements shall count toward meeting experience requirements in Subparagraph (2) of this Paragraph. (c) To achieve three points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework); and either (A) Two years of full-time verifiable early childhood work experience; or (B) One year of experience in child care administration; and (3) If providing school-age care, 300 hours of verifiable experience working with school-aged children in a licensed child care program; or 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A) and (B) of this Paragraph. (d) To achieve four points, the on-site administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and either (A) 18 semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework) and one year of experience in child care administration; or (B) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Administration Credential coursework), and 10 years of experience in child care administration; and (2) If providing school-age care, 450 hours of verifiable experience working with school-aged children in licensed child care program; or 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (1)(A) and (B) of this Paragraph. (e) To achieve five points, the on-site administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Two years of full-time verifiable early childhood work experience; and APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1305 (3) If providing school-age care, 600 hours of verifiable experience working with school-aged children in a licensed child care program; or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting, or shall have completed the BSAC training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraph (2) of this Paragraph. (f) To achieve six points, the on-site administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) 18 semester hours in early childhood education or child development (not including the North Carolina Early Childhood Administration Credential coursework or hours earned during the completion of the A.A.S degree); and either (A) Three years of full-time verifiable work experience in an early childhood center teaching young children; or (B) Three years of administrative experience; or (C) Three years of a combination of both; and (3) If providing school-age care, 750 hours of verifiable experience working with school-aged children in a licensed child care program; or 1150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or shall have completed the BSAC training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A) and (B) of this Paragraph. (g) To achieve seven points, the on-site administrator shall: (1) Have a Level III North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) Four years of full-time verifiable work experience in an early childhood center teaching young children; or (B) Four years of administrative experience; or (C) Four years of a combination of both; and (3) If providing school-age care, 900 hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or 1350 hours of verifiable experience performing administrative duties in an unlicensed school-age care or camp setting; or shall have completed the BSAC Training or its equivalent. Completion of these requirements may count toward meeting experience requirements in Subparagraphs (2)(A), (B) and (C) of this Paragraph. (h) For centers with a licensed capacity of 3 to 12 children located in a residence, when an individual has responsibility both for administering the child care program and for planning and implementing the daily activities of a group of children, the educational requirements for lead teacher in Rule .2820 of this Section shall apply. All other teachers shall follow the educational requirements for teachers in this Section. (i) For centers with a licensed capacity of 200 or more, there shall be a second administrator on-site for a minimum of 20 hours per week who shall have the Level I North Carolina Early Childhood Administration Credential or its equivalent. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. May 1, 2006; Amended Eff. Pending Legislative Review. 10A NCAC 09 .2820 EDUCATION STANDARDS FOR LEAD TEACHERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to all lead teachers. The points for education standards are determined by applying this Rule along with Rules .2819, .2821, .2822 and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, 75 percent of the lead teachers shall: (1) Have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher Early Educator Certification on the Early Care and Education Professional Scale (ECE scale); and (2) Have completed or enrolled in three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework). (c) To achieve three points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher certification on the ECE scale; and either (1) 75 percent of the lead teachers shall have: (A) Completed three semester hours in early childhood education and completed or are enrolled in three additional semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); or (B) Completed one year full time verifiable early childhood work experience; or (C) A level II or higher certification on the ECE scale; or APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1306 (D) Any combination of Parts (A) through (C) of this Subparagraph; or (2) 50 percent of the lead teachers shall have a Level II or higher certification on the ECE scale. (d) To achieve four points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or Level I or higher certification on the ECE scale; and (1) Either 75 percent of the lead teachers shall have: (A) Completed six semester hours in early childhood education or child development (not including the North Carolina Early Childhood Credential coursework), and have completed or are enrolled in three additional semester hours in early childhood education; or (B) Completed three semester hours of early childhood education and have three years of full-time verifiable early childhood work experience; or (C) Five years of full-time verifiable early childhood work experience; or (D) Any combination of Parts (A) through (C) of this Subparagraph; or (2) 50 percent of the lead teachers shall have a Level III or higher certification on the ECE scale. (e) To achieve five points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or have a Level I or higher certification on the ECE scale and 75 percent of the lead teachers shall have: (1) Completed nine semester hours in early childhood education or child development (not including the North Carolina Early Childhood Credential coursework), and have completed or are enrolled in three additional semester hours in early childhood education, and have one year of full-time verifiable early childhood work experience; or (2) A Level IV or higher certification on the ECE scale and have one year of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (f) To achieve six points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or a Level I or higher certification on the ECE scale and 50 percent of the lead teachers shall have either: (1) An A.A.S degree in early childhood education or child development or an A.A.S degree in any major with 12 semester hours in early childhood education or child development and one year of full-time verifiable early childhood work experience; or (2) Completed 60 semester hours towards a BA/BS degree program with 12 semester hours in early childhood education and one year of full-time verifiable early childhood work experience; or (3) A Level VI certification on the ECE scale and one year of full-time verifiable early childhood work experience; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. (g) To achieve seven points, all lead teachers shall have the North Carolina Early Childhood Credential, its equivalent, or a Level I or higher certification on the ECE scale and 75 percent of the lead teachers shall have either: (1) An A.A.S. degree in early childhood education or child development or an A.A.S. degree in any major with 12 semester hours in early childhood education or child development and two years of full-time verifiable early childhood work experience; or (2) A Level VI certification on the ECE scale and two years of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2821 EDUCATION STANDARDS FOR TEACHERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to all teachers. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, .2822, and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, 50 percent of the teachers counted in staff/child ratios shall: (1) Have one year of full time verifiable early childhood work experience; or (2) Be enrolled in three semester hours in early childhood education, or child development; or (3) Have any combination of Subparagraphs (1) and (2) of this Paragraph. (c) To achieve three points, 50 percent of the teachers counted in staff/child ratios shall have: (1) Three semester hours in early childhood education or child development; or (2) Two years of full time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (d) To achieve four points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale. (e) To achieve five points, 50 percent of the teachers counted in staff/child ratios shall have either: APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1307 (1) The North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale and three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); or (2) A Level II or higher certification on the ECE scale; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (f) To achieve six points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or a Level I or higher certification on the ECE scale and either: (1) Three semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential; and one year of full-time verifiable early childhood work experience; or (2) A Level II or higher certification on the ECE scale and one year of full-time early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. (g) To achieve seven points, 50 percent of the teachers counted in staff/child ratios shall have the North Carolina Early Childhood Credential, its equivalent or have a Level I or higher certification on the ECE scale and either: (1) Six semester hours in early childhood education or child development (not including North Carolina Early Childhood Credential coursework); and two years of full-time verifiable early childhood work experience; or (2) A Level III or higher certification on the ECE scale and two years of full-time verifiable early childhood work experience; or (3) Any combination of Subparagraphs (1) and (2) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2822 EDUCATION STANDARDS FOR PROGRAM COORDINATORS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to program coordinators. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, .2821, and .2823 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall: (1) Be enrolled in three additional semester hours of school-age care related coursework; or (2) Have 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) Have 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (c) To achieve three points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; or (2) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) At least a Level I or higher certification on the SA scale. (d) To achieve four points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and have either 200 hours of verifiable experience working with school-aged children in a licensed child care program, or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) A Level I or higher certification on the SA scale and have either 200 hours of verifiable experience working with school-aged children in a licensed child care program, or 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (3) 450 hours of verifiable experience working with school-aged children in a licensed child care program; or (4) 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (e) To achieve five points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; and be enrolled in three additional semester hours of school-age care related coursework; or (2) 600 hours of verifiable experience working with school-age children in a licensed child care program; or (3) 750 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level II or higher certification on the SA scale. APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1308 (f) To achieve six points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-age care related coursework and either 750 hours of verifiable experience working with school-aged children in a licensed child care program or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) A BA/BS degree with three additional semester hours of school-age care related coursework; or (3) A Level IV or higher certification on the SA scale. (g) To achieve seven points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-age care related coursework and either 900 hours of verifiable experience working with school-aged children in a licensed child care program or 1350 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (2) Nine additional semester hours of school-age related coursework and either 600 hours of verifiable experience working with school-aged children in a licensed child care program or 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (3) A BA/BS degree or higher with six additional semester hours of school-age related coursework and either 300 hours of verifiable experience working with school-aged children in a licensed school-age care program; or 450 hours of working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level IV or higher certification on the SA scale and either 300 hours of verifiable experience working with school-aged children in a licensed school-age care program or 450 hours of working with school-aged children in an unlicensed school-age care or camp setting. (h) For centers providing school-age care with 200 or more school-aged children enrolled, there shall be two program coordinators on site, one of whom shall not have concurrent group leader responsibilities. The additional program coordinator shall have completed all the applicable staff requirements in Rule .2510(b) of this Chapter. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2823 EDUCATION STANDARDS FOR GROUP LEADERS AND ASSISTANT GROUP LEADERS FOR A RATED LICENSE FOR CHILD CARE CENTERS (a) This Rule applies to evaluating child care centers with regards to group leaders and assistant group leaders. The points for education standards are determined by applying this Rule along with Rules .2819, .2820, 2821, and .2822 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, all group leaders shall have completed the BSAC training or its equivalent. (c) To achieve three points, all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the group leaders shall be enrolled in or have completed two semester hours of school-age care related coursework. (d) To achieve four points, all assistant group leaders shall be at least 16 years of age and all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the group leaders shall have either: (1) Completed two semester hours of school-age care related coursework; or (2) 100 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. (e) To achieve five points, all group leaders shall have completed the BSAC training or its equivalent, and (1) 50 percent of the group leaders shall have either: (A) Completed two semester hours of school-age care related coursework; or (B) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph; and (2) All assistant group leaders shall be at least 16 years of age and shall have either: (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1309 (D) Any combination of Subparagraphs (A) through (C) of this Paragraph. (f) To achieve six points, all group leaders shall have completed the BSAC training or its equivalent, and (1) 50 percent of group leaders shall have: (A) Completed two semester hours of school-age care related coursework and have completed or be enrolled in two additional semester hours of school-age related coursework; or (B) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph; and (2) All assistant group leaders shall be 17 years of age and shall have either; (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (D) Any combination of Subparagraphs (A) through (C) of this Paragraph. (g) To achieve seven points, all assistant group leaders shall be 18 years of age and shall have completed the BSAC training or its equivalent and all group leaders shall have completed the BSAC training or its equivalent, and 75 percent of the group leaders shall have: (1) Completed two semester hours of school-age care related coursework and have completed, or are enrolled in two additional semester hours of school-age related coursework; or (2) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) Any combination of Subparagraphs (1) through (3) of this Paragraph. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2824 EDUCATION STANDARDS FOR A RATED LICENSE FOR ADMINISTRATORS FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for administrators for centers that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2825 and .2826 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent or have enrolled in coursework as required in G.S. 110-91(8); and (2) 1600 hours of verifiable experience performing administrative duties in a licensed school-aged program. (c) To achieve three points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 300 additional hours of verifiable experience performing administrative duties in a licensed child care program; or (B) 450 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (d) To achieve four points, the administrator shall have: (1) A Level I North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 450 additional hours of verifiable experience performing administrative duties in a licensed child care program; or (B) 600 additional hours of verifiable experience performing administrative duties in an unlicensed school-age care or camp setting. (e) To achieve five points, the administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 600 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 750 additional hours of verifiable experience performing administrative APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1310 duties in an unlicensed school-aged care or camp setting. (f) To achieve six points, the administrator shall have: (1) A Level II North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 750 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 1150 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (g) To achieve seven points, the administrator shall have: (1) A Level III North Carolina Early Childhood Administration Credential or its equivalent; and (2) Either: (A) 900 additional hours of verifiable experience performing administrative duties in a licensed child care program serving school-aged children; or (B) 1350 additional hours of verifiable experience performing administrative duties in an unlicensed school-aged care or camp setting. (h) As used in this Rule, the definition of the term "experience working with school-aged children" in Rule .2510(h) of this Chapter shall apply. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2825 EDUCATION STANDARDS FOR PROGRAM COORDINATORS FOR A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for program coordinators for centers that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2824 and .2826 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall: (1) Be enrolled in three additional semester hours of school-age care related coursework; or (2) Have 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) Have 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (c) To achieve three points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework; or (2) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 450 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level I certification or higher on the SA scale. (d) To achieve four points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (2) 450 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 600 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (4) A Level I certification or higher on the SA scale, and either; (A) 200 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 300 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting. (e) To achieve five points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed three additional semester hours of school-age care related coursework and is enrolled in three additional semester hours of school-aged care related coursework; or (2) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (3) 750 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (4) A Level II certification or higher on the SA scale. (f) To achieve six points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) 750 hours of verifiable experience working with school-aged children in a licensed child APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1311 care program; or 900 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; and (2) Either: (A) Completed six additional semester hours of school-aged care related coursework; or (B) Shall have a BA/BS degree with three additional semester hours of school-aged care related coursework; or (C) Level III certification or higher on the SA scale. (g) To achieve seven points, the program coordinator shall have completed all the applicable requirements in Rule .2510(b) of this Chapter and shall have: (1) Completed six additional semester hours of school-aged care related coursework and either: (A) 900 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 1350 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (2) Completed nine additional semester hours of school-aged care related coursework and either: (A) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 900 hours of verifiable experience working with school-aged children in an unlicensed school-aged care or camp setting; or (3) A BA/BS degree or higher with six additional semester hours of school-aged related coursework and either: (A) 300 hours of verifiable experience working with school-aged children in a licensed school-aged care program; or (B) 450 hours of working with school-aged children in an unlicensed school-aged care or camp setting; or (4) A Level IV certification or higher on the SA scale and either: (A) 300 hours of verifiable experience working with school-aged children in a licensed school-aged care program; or (B) 450 hours of working with school-aged children in an unlicensed school-aged care or camp setting. (h) As used in this Rule, the definition of the term "experience working with school-aged children" in Rule .2510(h) of this Chapter shall apply. (i) For programs with a licensed capacity of 200 or more school-aged children, there shall be two program coordinators on site, one of whom shall not have concurrent group leader responsibilities. The additional program coordinator shall have completed the applicable staff requirements in Rule .2510(b) of this Chapter. History Note: Authority G.S. 110-85; 110-88(7); 110-90(4); 143B-168.3; Eff. Pending Legislative Review. 10A NCAC 09 .2826 EDUCATION STANDARDS FOR GROUP LEADERS AND ASSISTANT GROUP LEADERS FOR A RATED LICENSE FOR CENTERS THAT PROVIDE CARE ONLY TO SCHOOL-AGED CHILDREN (a) This Rule applies to evaluating the education standards for group leaders and assistant group leaders that work in programs that provide care only to school-aged children. The points for education standards are determined by applying this Rule along with Rules .2824, and .2825 of this Section. To determine the points attained for meeting the education standards, the lowest number of points attained under each Rule shall be the point used to meet Rule .2802 of this Section. (b) To achieve two points, all group leaders shall have completed the BSAC training or its equivalent. (c) To achieve three points, all group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall be enrolled in two semester hours of school-age care related coursework. (d) To achieve four points: (1) All group leaders shall have completed the BSAC training or its equivalent, and 25 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) Completed two semester hours of school-age care related coursework; or (B) 100 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 150 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; and (2) All assistant group leaders shall be at least 16 years of age. (e) To achieve five points: (1) All group leaders shall complete the BSAC training or its equivalent, and 50 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) 300 hours of verifiable experience working with school-aged children in a licensed child care program; or (B) 450 hours of verifiable experience working with school-aged children in APPROVED RULES 26:17 NORTH CAROLINA REGISTER MARCH 1, 2012 1312 an unlicensed school-age care or camp setting; or (C) Completed two semester hours of school-age care related coursework; and (2) All assistant group leaders shall be at least 16 years of age and shall have; (A) 400 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; or (B) Completed the BSAC training or its equivalent; or (C) 250 hours of verifiable experience working with school-aged children in a licensed child care program. (f) To achieve six points: (1) All group leaders shall have completed the BSAC training or its equivalent, and 50 percent of the individuals designated as group leaders as set out in Rule .2510 of this Chapter shall have: (A) Completed two semester hours of school-aged care related coursework and have completed or are enrolled in two additional semester hours of school-aged related coursework; or (B) 600 hours of verifiable experience working with school-aged children in a licensed child care program; or (C) 900 hours of verifiable experience working with school-aged children in an unlicensed school-age care or camp setting; and (2) All assistant group leaders shall be at least 17 years of age and shall have; (A) Completed the BSAC training or its equivalent; or (B) 250 hours of verifiable experience working with school-aged children in a licensed chi |
OCLC number | 13686205 |