North Carolina register, July 1998 - present

              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
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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
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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
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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
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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
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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
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26:17 NORTH CAROLINA REGISTER MARCH 1, 2012
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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.
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(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
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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
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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
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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.
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(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
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(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
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(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:
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(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.
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(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
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(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
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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
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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
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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