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NORTH CAROLINA
REGISTER
Volume 17, Issue 2
Pages 113 - 137
July 15, 2002
This issue contains documents officially filed
through June 21, 2002.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
6714 Mail Service Center
Raleigh, NC 27699-6714
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
Camille Winston, Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Linda Dupree, Editorial Assistant
Dana Sholes, Editorial Assistant
Rhonda Wright, Editorial Assistant
IN THIS ISSUE
I. IN ADDITION
ENR – Intent to Redevelop a Brownsfields
Property – Asheville Commons, LLC .....................113
ENR – Intent to Redevelop a Brownsfields
Property – Town of Huntersville ..............................114
II. RULE-MAKING PROCEEDINGS
Insurance
NC Building Code Council.......................................115
Justice
Private Protective Services Board ...........................116
Licensing Boards
Appraisal Board ..........................................................118
Dental Examiners, Board of .....................................116 - 117
General Contractors, Licensing Board ....................116
Pharmacy, Board of....................................................117
Plumbing, Heating & Fire Sprinkler Contractors .117 - 118
Real Estate Commission............................................118
Substance Abuse Professionals Certification Bd..119
III. PROPOSED RULES
Environment and Natural Resources
Health Services, Commission for............................128 - 129
Health and Human Services
Mental Health, Developmental Disabilities
And Substance Abuse Services ..........................120 - 128
Licensing Boards
Physical Therapy Examiners, Board of ..................131 - 133
Transportation
Highways, Division of...............................................129 - 131
IV. RULES REVIEW COMMISSION..........................134 - 135
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions.................................................136 - 137
VI. CUMULATIVE INDEX .............................................1 - 53
North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC
27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to
the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714.
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North
Carolina executive branch of government has been assigned a title number. Titles are further broken down into
chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to
be used by agencies when appropriate.
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER
1
2
3
4
5
6
7
8
9
10
11
12
13
14A
15A
16
17
18
19A
20
*21
22
23
24
25
26
27
28
Administration
Agriculture
Auditor
Commerce
Correction
Council of State
Cultural Resources
Elections
Governor
Health and Human Services
Insurance
Justice
Labor
Crime Control & Public Safety
Environment and Natural Resources
Public Education
Revenue
Secretary of State
Transportation
Treasurer
Occupational Licensing Boards
Administrative Procedures (Repealed)
Community Colleges
Independent Agencies
State Personnel
Administrative Hearings
NC State Bar
Juvenile Justice and Delinquency
Prevention
Acupuncture
Architecture
Athletic Trainer Examiners
Auctioneers
Barber Examiners
Certified Public Accountant Examiners
Chiropractic Examiners
Employee Assistance Professionals
General Contractors
Cosmetic Art Examiners
Dental Examiners
Dietetics/Nutrition
Electrical Contractors
Electrolysis
Foresters
Geologists
Hearing Aid Dealers and Fitters
Landscape Architects
Landscape Contractors
Massage & Bodywork Therapy
Marital and Family Therapy
Medical Examiners
Midwifery Joint Committee
Mortuary Science
Nursing
Nursing Home Administrators
Occupational Therapists
Opticians
Optometry
Osteopathic Examination & Reg. (Repealed)
Pastoral Counselors, Fee-Based Practicing
Pharmacy
Physical Therapy Examiners
Plumbing, Heating & Fire Sprinkler Contractors
Podiatry Examiners
Professional Counselors
Psychology Board
Professional Engineers & Land Surveyors
Real Estate Appraisal Board
Real Estate Commission
Refrigeration Examiners
Respiratory Care Board
Sanitarian Examiners
Social Work Certification
Soil Scientists
Speech & Language Pathologists & Audiologists
Substance Abuse Professionals
Therapeutic Recreation Certification
Veterinary Medical Board
1
2
3
4
6
8
10
11
12
14
16
17
18
19
20
21
22
26
28
30
31
32
33
34
36
37
38
40
42
44
45
46
48
50
52
53
54
56
57
58
60
61
62
63
69
64
68
65
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
NORTH CAROLINA REGISTER
Publication Schedule for January 2002 – December 2002
Filing Deadlines
Notice of
Rule-Making
Proceedings
Notice of Text
Temporary
Rule
volume
& issue
number
issue date last day
for filing
earliest register
issue for
publication of
text
earliest
date for
public
hearing
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
end of
required
comment
period
deadline to
submit to RRC
for review at
next meeting
first legislative
day of the next
regular session
270th day
from issue
date
16:13 01/02/02 12/06/01 03/15/02 01/17/02 02/01/02 02/20/02 05/28/02 03/04/02 03/20/02 05/28/02 09/29/02
16:14 01/15/02 12/19/01 04/01/02 01/30/02 02/14/02 02/20/02 05/28/02 03/18/02 03/20/02 05/28/02 10/12/02
16:15 02/01/02 01/10/02 04/15/02 02/16/02 03/04/02 03/20/02 05/28/02 04/02/02 04/22/02 01/29/03 10/29/02
16:16 02/15/02 01/25/02 05/01/02 03/02/02 03/18/02 03/20/02 05/28/02 04/16/02 04/22/02 01/29/03 11/12/02
16:17 03/01/02 02/08/02 05/01/02 03/16/02 04/01/02 04/22/02 01/29/03 04/30/02 05/20/02 01/29/03 11/26/02
16:18 03/15/02 02/22/02 05/15/02 03/30/02 04/15/02 04/22/02 01/29/03 05/14/02 05/20/02 01/29/03 12/10/02
16:19 04/01/02 03/08/02 06/03/02 04/16/02 05/01/02 05/20/02 01/29/03 05/31/02 06/20/02 01/29/03 12/27/02
16:20 04/15/02 03/22/02 06/17/02 04/30/02 05/15/02 05/20/02 01/29/03 06/14/02 06/20/02 01/29/03 01/10/03
16:21 05/01/02 04/10/02 07/01/02 05/16/02 05/31/02 06/20/02 01/29/03 07/01/02 07/22/02 01/29/03 01/26/03
16:22 05/15/02 04/24/02 07/15/02 05/30/02 06/14/02 06/20/02 01/29/03 07/15/02 07/22/02 01/29/03 02/09/03
16:23 06/03/02 05/10/02 08/15/02 06/18/02 07/03/02 07/22/02 01/29/03 08/02/02 08/20/02 01/29/03 02/28/03
16:24 06/17/02 05/24/02 09/03/02 07/02/02 07/17/02 07/22/02 01/29/03 08/16/02 08/20/02 01/29/03 03/14/03
17:01 07/01/02 06/10/02 09/03/02 07/16/02 07/31/02 08/20/02 01/29/03 08/30/02 09/20/02 01/29/03 03/28/03
17:02 07/15/02 06/21/02 09/16/02 07/30/02 08/14/02 08/20/02 01/29/03 09/13/02 09/20/02 01/29/03 04/11/03
17:03 08/01/02 07/11/02 10/01/02 08/16/02 09/03/02 09/20/02 01/29/03 09/30/02 10/21/02 01/29/03 04/28/03
17:04 08/15/02 07/25/02 10/15/02 08/30/02 09/16/02 09/20/02 01/29/03 10/14/02 10/21/02 01/29/03 05/12/03
17:05 09/03/02 08/12/02 11/15/02 09/18/02 10/03/02 10/21/02 01/29/03 11/04/02 11/20/02 01/29/03 05/31/03
17:06 09/16/02 08/30/02 11/15/02 10/01/02 10/16/02 10/21/02 01/29/03 11/15/02 11/20/02 01/29/03 06/13/03
17:07 10/01/02 09/10/02 12/02/02 10/16/02 10/31/02 11/20/02 01/29/03 12/02/02 12/20/02 05/00/04 06/28/03
17:08 10/15/02 09/24/02 12/16/02 10/30/02 11/14/02 11/20/02 01/29/03 12/16/02 12/20/02 05/00/04 07/12/03
17:09 11/01/02 10/11/02 01/02/03 11/16/02 12/02/02 12/20/02 05/00/04 12/31/02 01/21/03 05/00/04 07/29/03
17:10 11/15/02 10/25/02 01/15/03 11/30/02 12/16/02 12/20/02 05/00/04 01/14/03 01/21/03 05/00/04 08/12/03
17:11 12/02/02 11/06/02 02/03/03 12/17/02 01/02/03 01/21/03 05/00/04 01/31/03 02/20/03 05/00/04 08/29/03
17:12 12/16/02 11/21/02 02/17/03 12/31/02 01/15/03 01/21/03 05/00/04 02/14/03 02/20/03 05/00/04 09/12/03
non-substantial economic impact substantial economic impact
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is
computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be
published twice a month and contains the
following information submitted for
publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by
the Rules Review Commission;
(5) notices of receipt of a petition for
municipal incorporation, as required
by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S.
Attorney General concerning
changes in laws affecting voting in a
jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as
required by G.S. 120-30.9H;
(8) orders of the Tax Review Board
issued under G.S. 105-241.2; and
(9) other information the Codifier of
Rules determines to be helpful to the
public.
COMPUTING TIME: In computing time in
the schedule, the day of publication of the
North Carolina Register is not included.
The last day of the period so computed is
included, unless it is a Saturday, Sunday, or
State holiday, in which event the period
runs until the preceding day which is not a
Saturday, Sunday, or State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on
the first and fifteen of each month if the
first or fifteenth of the month is not a
Saturday, Sunday, or State holiday for
employees mandated by the State
Personnel Commission. If the first or
fifteenth of any month is a Saturday,
Sunday, or a holiday for State employees,
the North Carolina Register issue for that
day will be published on the day of that
month after the first or fifteenth that is not
a Saturday, Sunday, or holiday for State
employees.
LAST DAY FOR FILING: The last day for
filing for any issue is 15 days before the
issue date excluding Saturdays, Sundays,
and holidays for State employees.
NOTICE OF RULE-MAKING PROCEEDINGS
END OF COMMENT PERIOD TO A NOTICE OF
RULE-MAKING PROCEEDINGS: This date is 60
days from the issue date. An agency shall
accept comments on the notice of rule-making
proceeding until the text of the proposed rules
is published, and the text of the proposed rule
shall not be published until at least 60 days
after the notice of rule-making proceedings
was published.
EARLIEST REGISTER ISSUE FOR PUBLICATION
OF TEXT: The date of the next issue following
the end of the comment period.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING:
The hearing date shall be at least 15 days
after the date a notice of the hearing is
published.
END OF REQUIRED COMMENT PERIOD
(1) RULE WITH NON-SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule for at least 30 days after the text is
published or until the date of any public
hearings held on the proposed rule,
whichever is longer.
(2) RULE WITH SUBSTANTIAL
ECONOMIC IMPACT: An agency shall
accept comments on the text of a proposed
rule published in the Register and that has
a substantial economic impact requiring a
fiscal note under G.S. 150B-21.4(b1) for
at least 60 days after publication or until
the date of any public hearing held on the
rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES
REVIEW COMMISSION: The Commission
shall review a rule submitted to it on or
before the twentieth of a mo nth 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
17:02 NORTH CAROLINA REGISTER July 15, 2002
113
This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of
Rules for publication.
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
ASHEVILLE COMMONS, LLC
Pursuant to N.C.G.S. 130A-310.34, Asheville Commons, LLC has filed with the North Carolina Department of
Environmental and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Notice of Intent") in
Asheville, Buncombe County, North Carolina. The Brownfields Property ("Property") consists of 7.4 acres and is located at 105
Fairview Road. Environmental Contamination exists on the Property in subsurface soil and groundwater. Asheville Commons, LLC
has committed itself to using the land only for warehousing, office and/or light industrial purposes. Pursuant to proposed land use
restrictions, only those uses will be permitted. Residential, recreational and groundwater use, and child day care facilities and
construction of basements, will be prohibited; and certain excavations will be subject to DENR conditions. The Notice of Intent
includes: (1) a proposed Brownfields Agreement between DENR and Asheville Commons, LLC, which in turn includes (a) a legal
description of the Property, (b) a map showing the location of the Property, (c) a description of the contaminants involved and their
concentrations in the media of the Property, (d) the above-stated description of the intended future use of the Property, and (e)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-
310.35. The full Notice of Intent may be reviewed at the Register of Deeds' Office, Buncombe County Courthouse, 60 Court Plaza,
Asheville, NC by contacting Mr. Otto W. DeBruhl, Register of Deeds, at (828) 250-4300 or at 501 Oberlin Rd., Raleigh, NC 27605
by contacting Scott Ross at that address, at scott.ross@ncmail.net, or at (919) 733-2802, ext. 328. Written public comments may be
submitted to DENR within 60 days of the date of this Summary of Notice of Intent to Redevelop a Brownfields Property ("Notice").
Written requests for a public meeting may be submitted to DENR within 30 days of the date of this Notice. All such comments and
requests should be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environmental and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
IN ADDITION
17:02 NORTH CAROLINA REGISTER July 15, 2002
114
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
TOWN OF HUNTERSVILLE
Pursuant to G.S 130A -310.34, the Town of Huntersville has filed with the North Carolina Department of Environment and Natural
Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") it owns in Huntersville, Mecklenburg
County, North Carolina. The Property consists of approximately 32 acres and is located at 404 North Church Street. Environmental
contamination exists on the Property in soil and groundwater. The Town of Huntersville intends, through either a public-private
partnership or the sale of the Property to a third party developer, to effect the redevelopment of the Property as a mixed-use transit
village containing single- and multi-family residential and commercial office and retail space. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and the Town of Huntersville, which in turn
includes (a) a legal description of the Property, (b) a map showing the location of the Property, (c) a description of the contaminants
involved and their concentrations in the media of the Property, (d) the above-stated description of the intended future use of the
Property, and (e) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance
with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property ("Notice of Intent") may be reviewed at the
offices of the Town of Huntersville, 101 Huntersville-Concord Road, Huntersville, NC 28070, by contacting Janet Pierson, Town
Clerk, at that address or at (704) 875-6541, or at 401 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at
scott.ross@ncmail.net, or at (919) 733-2801, ext. 328. Written public comments may be submitted to DENR within 60 days after the
Notice of Intent is published in the North Carolina Register or in this newspaper, whichever is later. Written requests for a public
meeting may be submitted to DENR within 30 days after the public comment period begins. All such comments and requests should
be addressed as follows:
Mr. Bruce Nicholson
Head, Special Remediation Branch
Superfund Section
Division of Waste Management
NC Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RULE-MAKING PROCEEDINGS
17:02 NORTH CAROLINA REGISTER July 15, 2002
115
A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule.
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the
section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can
be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2.
TITLE 11 – DEPARTMENT OF INSURANCE
NORTH CAROLINA BUILDING CODE COUNCIL
NOTICE OF RULE-MAKING PROCEEDINGS AND
PUBLIC HEARING
Notice of Rule-making Proceedings is hereby given by the N.C.
Building Code Council in accordance with G.S. 150B-21.5(d).
Citation to Existing Rule Affected by this Rule-making:
North Carolina Building Code; North Carolina Plumbing Code;
and North Carolina Residential Code.
Authority for the Rule-making: G.S. 143-136; 143-138
Reason for Proposed Action: To incorporate changes in the
NC Building code as a result of rulemaking petitions filed with
the NC Building Code Council and incorporate changes
proposed by the Council.
Public Hearing: September 9, 2002, 1:00 p.m., Wake County
Commons, 4011 Carya Drive, Raleigh, N.C.
Comment Procedures: Written comments may be sent to
Wanda Edwards, Secretary, N.C. Building Code Council, c/o NC
Department of Insurance, 410 N. Boylan Avenue, Raleigh, NC
27603. Comment period expires on September 9, 2002.
Statement of the Subject Matter:
1. REVISE SECTION 302.3.3, EXCEPTION 2, OF THE
NORTH CAROLINA BUILDING CODE AS FOLLOWS:
The private garages in Group R-3 shall be separated from the
residence and its attic area by means of minimum ½ inch (12.7
mm) gypsum board applies to the garage side. Door openings
between the garage and the residence shall be equipped with
either solid wood doors not less than 1-3/8 inches (35 mm) thick,
solid or honeycomb core steel doors not less than 1-3/8 inches
(35 mm) thick or doors in compliance with Section 714.2.3.
Openings from a private garage directly into a room used for
sleeping purposes shall not be permitted.
2. REVISE SECTION 903.2.1.3 OF THE NORTH
CAROLINA BUILDING CODE AS FOLLOWS:
903.2.1.3 Group A-3. An automatic sprinkler system shall be
provided for Group A-3 occupancies where one of the following
conditions exists:
1. The fire area exceeds 12,000 square feet (1115 m2).
2. The fire area has an occupant load of 300 or more.
Exceptions:
(1) This requirement shall not apply
to assembly occupancies used
primarily for worship with fixed
seating and part of a separated use.
(2) This requirement shall not apply
to assembly occupancies consisting of
a single multipurpose room that are
not used for exhibition or display and
are part of a separated use.
3. The fire area is located on a floor other than the level of
exit discharge.
3. REVISE SECTION 419 AND 425 OF THE NORTH
CAROLINA PLUMBING CODE AS FOLLOWS:
419.1 Approval. Urinals shall conform to ASME 112.19.2,
CSA B45.1 or CSA B45.5. Urinals shall conform to the water
consumption requirements of Section 604.4. Urinals shall
conform to the hydraulic performance requirements of ASME
112.19.6, CSA B45.1 or CSA B45.5.
Urinals that do not use water shall be permitted
provided the urinals
(1) provide a barrier liquid sealant
contained in a removable trap to
maintain the trap seal;
(2) permit the uninhibited flow of water
through the trap to the sanitary drainage
system;
(3) comp ly with ANSI Z124.9 and
ASME 112.19.2, as applicable,
425. Flushing devices required. Each water closet, urinal,
clinical sink, and any plumbing fixture that depends on trap
siphonage to discharge the fixture contents to the drainage
system shall be provided with a flushometer valve, flushometer
tank or a flush tank designed and installed to supply water in
quantity and rate of flow to flush the contents of the fixture,
cleanse the fixture, and refill the fixture trap.
A flushometer valve, flush tank, or similar device shall not be
required for urinal fixtures that comply with the waterless test
requirements of ANSI Z124.9 and which:
(1) provide a barrier liquid sealant contained in a removable
trap to maintain the trap seal;
(2) permit the uninhibited flow of water through the trap to
the sanitary drainage system;
(3) comply with ANSI Z124.9 and ASME 112.19.2 as
applicable, and
4. BUILDING CODE
Include windborne debris protection for structures within 1500
feet of the mean high water mark of the Atlantic Ocean, as
printed in Section 1609.1.4, Table 1609.1.4 and Section 1609.2
of the 2000 International Building Code.
5. RESIDENTIAL CODE
Include windborne debris protection for structures within 1500
feet of the mean high water mark of the Atlantic Ocean, as
printed in Section R301.2.1.2, Table R301.2.1.2 and Sections
R613.4 and R613.7 of the 2000 International Residential Code.
RULE-MAKING PROCEEDINGS
17:02 NORTH CAROLINA REGISTER July 15, 2002
116
TITLE 12 – DEPARTMENT OF JUSTICE
CHAPTER 07 – PRIVATE PROTECTIVE SERVICES
Notice of Rule-making Proceedings is hereby given by NC
Private Protective Services Board in accordance with G.S.
150B-21.2. The agency shall subsequently publish in the
Register the text of the rule(s) it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 12
NCAC 07D .0807, .0809. Other rules may be proposed in the
course of the rule-making process.
Authority for the Rule-making: 74C-5(2)
Statement of the Subject Matter: The rules address the
training requirements for armed security officers, as well as the
weapons and ammunition that are used.
Reason for Proposed Action: The amendments will re-define
"duty weapon" and "duty ammunition".
Comment Procedures: Comments may be submitted to W.
Wayne Woodard, Private Protective Services Board, 1631
Midtown Place, Suite 104, Raleigh, NC 27609.
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
CHAPTER 12 - LICENSING BOARD FOR GENERAL
CONTRACTORS
Notice of Rule-making Proceedings is hereby given by the
North Carolina Licensing Board for General Contractors in
accordance with G.S. 150B-21.2. The agency shall subsequently
publish in the Register the text of the rule(s) it proposes to adopt
as a result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 12 .0202, .0503, .0701, .0703 - Other rules may be
proposed in the course of the rule-making process.
Authority for the Rule-making: G.S. 25-3-50; 87-1; 87-10;
87-11; 150B-3; 150B-38
Statement of the Subject Matter: Notice is hereby given in
accordance with G.S. 150B-21.2 that the North Carolina
Licensing Board for General Contractors (Board) will consider
adopting rules, repealing rules, or amending rules addressing
licensure classifications, renewal of licenses, improper practice,
and penalty for submittal of a bad check.
Reason for Proposed Action: To amend licensure
classifications; require an audited financial statement for
renewal while licensee is in bankruptcy; amend notice
requirements for charges of improper practice once a charge is
referred to the review committee; and clarify that when a license
renewal fee is paid by a check which is subsequently returned to
the Board because of insufficient funds, the license renewal is
treated as never having been renewed of certified funds will be
required for subsequent license renewal.
Comment Procedures: Written comments may be submitted on
the subject matter of the proposed rulemaking to Mark D. Selph,
NC Licensing Board for General Contractors, PO Box 17187,
Raleigh, NC 27619.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 16 – BOARD OF DENTAL EXAMINERS
Notice of Rule-making Proceedings is hereby given by the
North Carolina State Board of Dental Examiners in accordance
with G.S. 150B-21.2. The agency shall subsequently publish in
the Register the text of the rule(s) it proposes to adopt as a result
of this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 16B .0304-.0305, .0315; 16C .0101-.0102, .0202-.0203,
.0301-.0310; 16E .0101; 16I .0101-.0102, .0106-.0107; 16M
.0101-.0102; 16P .0101-.0105; 16R .0101-.0105 - Other rules
may be proposed in the course of the rule-making process.
Authority for the Rule-making: G.S. 90-28; 90-30; 90-31.1;
90-36; 90-39; 90-41; 90-48; 90-222; 90-223; 90-224; 90-224.1;
90-226; 90-227; 90-232; 150B-19(5).
Statement of the Subject Matter: Notice is hereby given in
accordance with G.S. 150B-21.2 that the North Carolina Board
of Pharmacy (Board) will consider adopting rules, repealing
rules, or amending rules addressing requirements for applicants
for dental licensure; time for filing applications for dental
licensure; reexamination for dental and dental hygienist
licensure; licensure examinations for dental hygienists;
eligibility requirements for a dental hygienist provisional
license; annual renewal of dental hygienist license; fees payable
by dentists and dental hygienists; advertisement of dental
services; annual renewal of dental license; instructor license;
reporting of substance abuse or other issues involving fitness to
practice; nonprofit and teaching facilities; election of Board
members; licensure by credentials for dentists and dental
hygienists; and continuing education requirements for dentists
and dental hygienists.
Reason for Proposed Action: To revise requirements for
application for dental licensure and for renewal of dental
license; to revise requirements for application for dental
hygienist licensure and for renewal of dental hygienist license;
to revise requirements for reexamination for dental and dental
hygienist licensure; to revise eligibility requirements for dental
hygienist provisional licensure; to revise continuing education
requirements for dentists and dental hygienists; to set out
requirements for an instructors license; to revise rules for
advertisement of dental services; to set out requirements for
reporting substance abuse issues or other issues involving
fitness to practice; to increase certain fees for dentists and
dental hygienists; to define and set out requirements for
RULE-MAKING PROCEEDINGS
17:02 NORTH CAROLINA REGISTER July 15, 2002
117
nonprofit and teaching facilities; to adopt rules governing the
election of Board members; to set out requirements for licensure
by credentials for dentists and dental hygienists; and to set out a
reexamination fee for dentists and dental hygienists.
Comment Procedures: Written comments may be submitted on
the subject matter of the proposed rulemaking to Lisa
Thompson, North Carolina State Board of Dental Examiners,
15100 Weston Parkway, Suite 101, Cary, NC 27513.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 46 – BOARD OF PHARMACY
Notice of Rule-making Proceedings is hereby given by North
Carolina Board of Pharmacy in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 46 .1414, .1505, .1601-.1602, .1606-.1608, .1801, .1808,
.1812, .2107, .2109, .2502, .2504, .2801, .2803-.2805, .2808,
.3201 - Other rules may be proposed in the course of the rule-making
process.
Authority for the Rule-making: G.S. 90-18.1; 90-18.2; 90-
85.3; 90-85.6; 90-85.7; 90-85.15; 90-85.15A; 90-85.16; 90-
85.20; 90-85.21; 90-85.21A; 90-85.22; 90-85.25; 90-85.26; 90-
85.28; 90-85.29; 90-85.30; 90-85.32; 90-85.33; 42 U.S.C.
1396r-8(g)
Statement of the Subject Matter: Notice is hereby given in
accordance with G.S. 150B-21.2 that the North Carolina Board
of Pharmacy (Board) will consider adopting rules, repealing
rules, or amending rules addressing responsibilities of
pharmacist-manager, drug distribution and control, casting and
counting ballots, right to refuse a prescription, examination for
licensure, pharmacy permits, license by reciprocity, out-of-state
pharmacies, patient counseling, repackaged pharmaceuticals,
sterile pharmaceuticals, pharmacies dispensing sterile
pharmaceuticals, pharmaceutical labeling requirements, quality
assurance programs, administration of immunizations by
pharmacists, device and medical equipment subcommittee,
representatives, pharmacy technicians, personal appearance
requirement, changes in prescription orders, and device and
medical equipment permits.
Reason for Proposed Action: To revise requirements for
pharmacist-manager; to revise requirements for drug
distribution and control in hospitals and other health care
facilities; to clarify requirements for casting and counting of
ballots; to specify when a pharmacist may refuse to fill or refill a
prescription order; to set out requirements prior to issuance of a
license when certain deficiencies are demonstrated on the
examination for licensure; to revise requirements for pharmacy
permit applicants and pharmacy permit holders; to revise
requirements for applicants for license by reciprocity, to revise
requirements for out-of-state pharmacies; to revise requirements
for patient counseling, to revise requirements for repackaged
pharmaceuticals; to delete term "parenteral" from "sterile
parenteral pharmaceuticals" and to revise requirements for
permit holders dispensing sterile pharmaceuticals; to set out
requirements for administration of immunization by
pharmacists; to set out requirements for election of
representatives to the Device and Medical Equipment
Subcommittee; to set out requirements for registration of
pharmacy technicians; to revise personal appearance
requirements; to revise requirements for requesting changes in
prescription orders; and to revise requirements for device and
medical equipment permit holders.
Comment Procedures: Written comments may be submitted on
the subject matter of the proposed rulemaking to David R. Work,
Executive Director, P.O. Box 459, Carrboro, NC 27510-0459.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 50 - BOARD OF EXAMINERS OF
PLUMBING, HEATING AND FIRE SPRINKLER
CONTRACTORS
Notice of Rule-making Proceedings is hereby given by Board
of Examiners of Plumbing, Heating, & Fire Sprinkler
Contractors in accordance with G.S. 150B-21.2. The agency
shall subsequently publish in the Register the text of the rule(s) it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 50 .0301, .0306, .0506, .1101, .1401-.1402, .1404-.1405,
.1408-.1409. Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 87-18
Statement of the Subject Matter: Modifications of continuing
education rules relative to credit for approved and non-approved
courses, handling of courses on Building Code
amendments, elimination of block Code course requirements,
mechanisms for elimination of course approval, limited license
for residential fire sprinkler systems or industrial or health care
system testing and maintenance, licensure requirements for
water heater replacements, administration of examination in
parts; experience required prior to examination and fees for
examination.
Reason for Proposed Action: Questions have been raised as to
the required block of time required for continuing education on
periodic changes in the Building Code, partly on account of
Insurance Department difficulty and timing for adoption of the
Code as a Rule. Clarification also appears needed as to course
approval and handling of courses where teachers fail to comply.
Segments of industry have raised questions as to the creation of
limited license or requirements of license for residential fire
sprinkler systems, testing and service of rest home, nursing home
or industrial fire sprinkler systems and water heater
replacements. With respect to examinations, issues have been
raised as to examination in parts, components of experience
prerequisite to examination and the cost of examinations.
RULE-MAKING PROCEEDINGS
17:02 NORTH CAROLINA REGISTER July 15, 2002
118
Comment Procedures: Comments may be submitted in writing
to the Board addressed to Rulemaking Coordinator at State
Board of Examiners of Plumbing, Heating and Fire Sprinkler
Contractors at 1109 Dresser Court, Raleigh, NC 27609 with a
copy to Board counsel addressed to John N. Fountain, Young
Moore and Henderson, PO Box 31627, Raleigh, NC 27622.
Comments must be received by 5:00 p.m. on August 14, 2002.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 57 - REAL ESTATE APPRAISAL BOARD
Notice of Rule-making Proceedings is hereby given by the
North Carolina Appraisal Board in accordance with G.S. 150B-
21.2. The agency shall subsequently publish in the Register the
text of the rule(s) it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 57A .0204-.0210, .0301-.0304, .0306, .0401-.0407; 57B
.0101-.0104, .0201-.0212, .0301-.0307, .0401-.0403, .0501-
.0503, .0601-.0607; 57C .0102 - Other rules may be proposed in
the course of the rule-making process.
Authority for the Rule-making: G.S. 93E-1-10
Statement of the Subject Matter: A review of the existing
rules indicates a need for technical and clerical changes.
Reason for Proposed Action: The Appraisal Board did a
comprehensive review of its rules in 2001. In implementing
these new rules, a few areas have been identified that should
have been changed at that time.
Comment Procedures: Written comments should be directed to
M.L. Black, Executive Director, North Carolina Appraisal
Board, PO Box 20500, Raleigh, NC 27619-0500.
* * * * * * * * * * * * * * * * * * * *
CHAPTER 58 – REAL ESTATE COMMISSION
Notice of Rule-making Proceedings is hereby given by NC
Real Estate Commission in accordance with G.S. 150B-21.2.
The agency shall subsequently publish in the Register the text of
the rule(s) it proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 58A .0107; .0110; .0113, .0302, .0501-.0502, .0505-
.0506; 58C .0603; 58E .0102, .0203, .0304. Other rules may be
proposed in the course of the rule-making process.
Authority for the Rule-making: G.S. 93A-2; 93A-2(b); 93A-3;
93A-3(c); 93A-6(a)(10); 93A-6(b)(2); 93A-4; 93A-4(a),(b),(c),
(d); 93A-4A; 93A-33; 93A-34
Statement of the Subject Matter:
21 NCAC 58A .0107 – Handling and Accounting of Funds
21 NCAC 58A .0110 – Broker-In-Charge
21 NCAC 58A .0113 – Reporting Criminal Convictions
21 NCAC 58A .0302 – Filing and Fees
21 NCAC 58A .0501 - Character
21 NCAC 58A .0502 – Business Entities
21 NCAC 58A .0505 – Reinstatement of Expired License,
Revoked, Surrendered or Suspended License
21 NCAC 58A .0506 – Salesperson to be Supervised by Broker
21 NCAC 58C .0603 – Application and Criteria for Original
Approval
21 NCAC 58E .0102 – Update Course Component
21 NCAC 58E .0203 – Application and Criteria for Original
Approval
21 NCAC 58E .0304 – Criteria for Elective Course Approval
Reason for Proposed Action:
21 NCAC 58A. 0107 - amend to eliminate the requirement that
trust account software print "subsidiary ledger sheets" for
vacation rentals. Instead, the rule would stipulate exactly what
information the software needs to be able to supply to the
Commission in the event of an audit.
21 NCAC 58A. 0113 - amend to clarify that licensees must
report disciplinary actions as well as criminal convictions within
60 days.
21 NCAC 58A. 0302 - amend to prevent an individual who has
filed for licensure as a real estate salesperson from applying for
licensure as a real estate broker during the pendency of the
salesperson license application.
21 NCAC 58A. 0501 - repeal since the passage of A.0616
governing character issues made this rule obsolete.
21 NCAC 58A. 0502; .0110; .0506 - amend to place on the
principal broker of a firm the duty to secure and preserve the
records of any of the firm's offices which close or which change
their Broker-In-Charge. Also, consider requiring the principal
broker to examine the trust account for irregularities upon either
of these triggering events and to report problems to the
Commission promptly. Finally, consider amending the text
concerning the information gathered for the processing of firm
license applications.
21 NCAC 58A. 0505 - amend to change the window for
reinstating an expired license from 12 months to 6 months. Also,
consider removing the reference to the "late filing fee."
21 NCAC 58C. 0603 - amend to prescribe conditions for
submission of a videotape depicting teaching skills by a
prelicensing instructor applicant when the applicant is
submitting a videotape after having been previously found not to
possess satisfactory teaching skills based on a review of a
previously submitted videotape.
21 NCAC 58E. 0102; .0203; .0304 - amend to require that
elective and update course instructors who provide study
materials on electronic media provide a paper copy of these
materials for their students as well. Amend to require that
videotapes provided by update course instructor applicants be
made within the previous year. The rule currently requires that
tapes be made within the previous three years.
Comment Procedures: Written comments regarding the
proposed rule-making action may be submitted to Pamela
Millward, NC Real Estate Commission, PO Box 17100, Raleigh,
NC 27619 or to pamela@ncrec.state.nc.us.
* * * * * * * * * * * * * * * * * * * *
RULE-MAKING PROCEEDINGS
17:02 NORTH CAROLINA REGISTER July 15, 2002
119
CHAPTER 68 - CERTIFICATION BOARD FOR
SUBSTANCE ABUSE PROFESSIONALS
Notice of Rule-making Proceedings is hereby given by NC
Substance Abuse Professional Certification Board in
accordance with G.S. 150B-21.2. The agency shall subsequently
publish in the Register the text of the rule(s) it proposes to adopt
as a result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rule Affected by this Rule-making: 21
NCAC 68. Other rules may be proposed in the course of the
rule-making process.
Authority for the Rule-making: G.S. 90, Article 5C
Statement of the Subject Matter: Rules governing the
certification of Substance Abuse Professionals.
Reason for Proposed Action: The Board will review existing
rules and determine the need to adopt rules governing
definitions, standards, education, and procedures for the
registration and certification of Substance Abuse Professionals.
Comment Procedures: Written comments should be directed to
Jim Scarborough, Board Administrator, PO Box 1026, Raleigh,
NC 27605.
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
120
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of
Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date,
or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a
rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2.
TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for MHDDSAS intends to adopt the rules cited
as 10 NCAC 14V .0203-.0204 and amend the rules cited as 10
NCAC 14G .0102; 14V .0104, .0202. Notice of Rule-making
Proceedings was published in the Register on December 3,
2001.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: August 12, 2002
Time: 9:00 a.m.
Location: Holiday Inn North, 2805 Highwoods Blvd., Raleigh,
NC
Reason for Proposed Action: S.L. 2000-55 rewrote G.S. 122C-
26 to amend the powers and duties of the Commission for
MH/DD/SAS to include adoption of rules applicable to facilities
licensed under G.S. 122C, Article 2 that established staff
qualifications and personnel requirements.
Comment Procedures: Written comments concerning this
rulemaking action must be submitted to Cindy Kornegay,
Program Accountability Section, Division of Mental Health,
Developmental Disabilities and Substance Abuse Services
(MH/DD/SAS), 3012 Mail Service Center, Raleigh, NC 27699-
3012, by August 16, 2002. In addition, oral presentation may be
presented at the public hearing on August 12, 2002. Please
contact either Cindy Kornegay or Susan Collins at 919-881-
2446, should you plan to make a presentation, or email
cindy.kornegay@ncmail.net or susan.collins@ncmail.net.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 14 - MENTAL HEALTH: GENERAL
SUBCHAPTER 14G - COMMITTEES AND
PROCEDURES
SECTION .0100 - PURPOSE: SCOPE: DEFINITIONS
10 NCAC 14G .0102 DEFINITIONS
(a) In addition to the definitions contained in this Rule, the
terms defined in G.S. 122C-3, 122C-4 and 122C-53(f) also apply
to all rules in Subchapters 14G, 14H, 14I, and 14J of this
Chapter.
(b) As used in the rules in Subchapters 14G, 14H, 14I and 14J
of this Chapter, the following terms have the meanings
specified:
(1) "Abuse" means the infliction of physical or
mental pain or injury by other than accidental
means, or unreasonable confinement, or the
deprivation by an employee of services which
are necessary to the mental and physical health
of the client. Temporary discomfort that is
part of an approved and documented treatment
plan or use of a documented emergency
procedure shall not be considered abuse.
(2) "Associate Professional (AP)" within the
DMH/DD/SAS system of care means an
individual who is a:
(A) graduate of a college or university
with a Masters degree in a related
human service field with less than
one year of full-time, post-graduate
accumulated mh/dd/sa experience
with the population served, and a
substance abuse professional with
less than one year of full-time, post-graduate
accumulated supervised
experience in alcoholism and drug
abuse counseling. Upon hiring, an
individualized supervision plan shall
be developed and supervision shall be
provided by a qualified professional
with the population served until the
individual meets one year of
experience; or
(B) graduate of a college or university
with a baccalaureate degree in a
related human service field with less
than two years of full-time, post-baccalaureate
accumulated mh/dd/sa
experience with the population
served, and a substance abuse
professional with less than two years
of full-time, post-baccalaureate
accumulated supervised experience in
alcoholism and drug abuse
counseling. Upon hiring, an
individualized supervision plan shall
be developed and reviewed annually.
Supervision shall be provided by a
qualified professional with the
population served until the individual
meets two years of experience; or
(C) graduate of a college or university
with a baccalaureate degree in a field
not related to human services with
less than four years of full-time, post-
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
121
baccalaureate accumulated mh/dd/sa
experience with the population
served, and a substance abuse
professional with less than four years
of full-time, post-baccalaureate
accumulated supervised experience in
alcoholism and drug abuse
counseling. Upon hiring, an
individualized supervision plan shall
be developed and reviewed annually.
Supervision shall be provided by a
qualified professional with the
population served until the individual
meets four years of experience; or
(D) a registered nurse who is licensed to
practice in the State of North Carolina
by the North Carolina Board of
Nursing and has less than four years
of full-time accumulated experience
in psychiatric mental health nursing.
(2)(3) "Basic necessities" means mean the essential
items or substances needed to support life and
health which include, but are not limited to, a
nutritionally sound diet balanced during three
meals per day, access to water and bathroom
facilities at frequent intervals, seasonable
clothing, medications to control seizures,
diabetes and other like physical health
conditions, and frequent access to social
contacts.
(3)(4) "Client record" means any record made of
confidential information.
(4)(5) "Clinically privileged" competent” means
authorization by the State Facility Director for
a qualified professional to provide specific
treatment/habilitation services to clients,
within well-defined limits, based on the
professional's education, training, experience,
competence and judgment.
(5)(6) "Complaint" means an informal verbal or
written expression of dissatisfaction,
discontent, or protest by a client concerning a
situation within the jurisdiction of the state
facility. A complaint would usually but not
necessarily precede a grievance.
(6)(7) "Consent" means concurrence by a client or
his legally responsible person following
receipt of sufficient information by from the
qualified professional who will administer the
proposed treatment or procedure. Informed
consent implies that the client or his legally
responsible person was provided with
sufficient information concerning proposed
treatment, including both benefits and risks, in
order to make an educated decision with
regard to such treatment.
(7)(8) "Dangerous articles or substances" means,
mean, but is are not limited to, any weapon or
potential weapon, heavy blunt object, sharp
objects, potentially harmful chemicals, or
drugs of any sort, including alcohol.
(8)(9) "Deputy Director" means a member of the
management staff of the Division with
responsibility for the state facilities relative to
a specific disability area. Such directors may
include the Deputy Director of Mental Health,
Deputy Director of Mental Retardation,
Deputy Director of Substance Abuse, or such
deputy's designee.
(9)(10) "Director of Clinical Services" means Medical
Director, Director of Medical Services or such
person acting in the position of Director of
Clinical Services, or his designee.
(10)(11) "Division Director" means the Director of the
Division or his designee.
(11)(12) "Emergency" means a situation in a state
facility in which a client is in imminent danger
of causing abuse or injury to self or others, or
when substantial property damage is occurring
as a result of unexpected and severe forms of
inappropriate behavior, and rapid intervention
by the staff is needed. [See Subparagraph
(b)(22) of this Rule for definition of medical
emergency].
(12)(13) "Emergency surgery" means an operation or
surgery performed in a medical emergency [as
defined in Subparagraph (b)(22) of this Rule]
where informed consent cannot be obtained
from an authorized person, as specified in G.S.
90-21.13, because the delay would seriously
worsen the physical condition or endanger the
life of the client.
(13)(14) "Exclusionary time-out" means the removal of
a client to a separate area or room from which
exit is not barred for the purpose of modifying
behavior.
(14)(15) "Exploitation" means the use of a client or his
resources for another person's profit, business
or advantage. "Exploitation" includes
borrowing, taking or using personal property
from a client with or without the client's
permission.
(15)(16) "Forensic Division" means the inpatient
facility at Dorothea Dix Hospital which serves
clients who are:
(A) admitted for the purpose of
evaluation for capacity to proceed to
trial;
(B) found not guilty by reason of
insanity;
(C) determined incapable of proceeding
to trial; or
(D) deemed to require a more secure
environment to protect the health,
safety and welfare of clients, staff and
the general public.
(16)(17) "Grievance" means a formal written complaint
by or on behalf of a client concerning a
circumstance would usually but not
necessarily follow a complaint.
(17)(18) "Human Rights Committee" means a
committee, appointed by the Secretary, to act
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
122
in a capacity regarding the protection of client
rights.
(18)(19) "Independent psychiatric consultant" means a
licensed psychiatrist not on the staff of the
state facility in which the client is being
treated. The psychiatrist may be in private
practice, or be employed by another state
facility, or be employed by a facility other than
a state facility as defined in G.S. 122C-3(14).
(19)(20) "Interpreter services" means specialized
communication services provided for the
hearing impaired by certified interpreters.
interpreters certified by the National Registry
of Interpreters for the Deaf or the National
Association of the Deaf.
(20)(21) "Involuntary client" means a person admitted
to any regional psychiatric hospital or
alcoholic rehabilitation center under the
provisions of Article 5, Parts 7, 8 or 9 of G.S.
122C and includes but it is not limited to
clients detained pending a district court
hearing and clients involuntarily committed
after a district court hearing. This term shall
also include individuals who are defendants in
criminal actions and are being evaluated in a
state facility for mental responsibility or
mental competency as a part of such criminal
proceedings as specified in G.S. 15A-1002
unless a valid order providing otherwise is
issued from a court of competent jurisdiction
and the civil commitment of defendants found
not guilty by reason of insanity as specified in
G.S. 15A-1321.
(21)(22) "Isolation time -out" means the removal of a
client to a separate room from which exit is
barred but which is not locked and where there
is continuous supervision by staff for the
purpose of modifying behavior.
(22)(23) "Major physical injury" means damage caused
to the body resulting in substantial profuse
bleeding or contusion of tissues; fracture of a
bone; damage to internal organs; loss of
consciousness; loss of normal neurological
function (inability to move or coordinate
movement); or any other painful condition
caused by such injury.
(23)(24) "Medical emergency" means a situation where
the client is unconscious, ill, or injured, and
the reasonably apparent circumstances require
prompt decisions and actions in medical or
other health care, and the necessity of
immediate health care treatment is so
reasonably apparent that any delay in the
rendering of the treatment would seriously
worsen the physical condition or endanger the
life of the client.
(24)(25) "Minimal risk research" means that the risks of
harm anticipated in the proposed research are
not greater, considering probability and
magnitude, than those ordinarily encountered
in daily life or during the performance of
routine physical or psychological examinations
or tests.
(25)(26) "Minor client" means a person under 18 years
of age who has not been married or who has
not been emancipated by a decree issued by a
court of competent jurisdiction or is not a
member of the armed forces.
(26)(27) "Neglect" means the failure to provide care or
services necessary to maintain the mental
health, physical health and well-being of the
client.
(27)(28) "Neuroleptic medication" means a category of
psychotropic drugs used to treat schizophrenia
and related disorders. Neuroleptics are the
only category of psychotropic drugs with
long-term side effects of major consequence
(e.g., tardive dyskinesia). Examples of
neuroleptic medications are Chlorpromazine,
Thioridazine and Haloperidol.
(28)(29) "Normalization" means the principle of
helping the client to obtain an existence as
close to normal as possible, taking into
consideration the client's disabilities and
potential, by making available to him patterns
and conditions of everyday life that are as
close as possible to the norms and patterns of
the mainstream of society.
(30) "Paraprofessional" within the DMH/DD/SAS
system of care means an individual who has:
(A) a GED or high school diploma; o r
(B) no GED or high school diploma,
employed prior to November 1, 2001
to provide a mh/dd/sa service; and
(C) upon hiring, an individualized
supervision plan shall be developed
and supervision shall be provided by
a qualified professional or associate
professional with the population
served.
(29)(31) "Person standing in loco parentis" means one
who has put himself in the place of a lawful
parent by assuming the rights and obligations
of a parent without formal adoption.
(32) "Physical Restraint" means the application or
use of any manual method of restraint that
restricts freedom of movement, or the
application or use of any physical or
mechanical device that restricts freedom of
movement or normal access to one's body,
including material or equipment attached or
adjacent to the client's body that he or she
cannot easily remove. Holding a client in a
therapeutic hold or any other manner that
restricts his or her movement constitutes
manual restraint for that client. Mechanical
devices may restrain a client to a bed or chair,
or may be used as ambulatory restraints.
Examples of mechanical devices include cuffs,
ankle straps, sheets or restraining shirts, arm
splints, mittens and helmets. Excluded from
this definition of physical restraint are physical
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
123
guidance, gentle physical prompting
techniques, escorting and therapeutic holds
used solely for the purpose of escorting a
client who is walking, soft ties used solely to
prevent a medically ill client from removing
intravenous tubes, indwelling catheters,
cardiac monitor electrodes or similar medical
devices, and prosthetic devices or assistive
technology which are designed and used to
increase client adaptive skills. Escorting
means the temporary touching or holding of
the hand, wrist, arm, shoulder or back for the
purpose of inducing a client to walk to a safe
location.
(30)(33) "Protective devices" means an intervention
which provides support for weak and feeble
clients or enhances the safety of behaviorally
disordered clients. Such devices may include
posey vests, geri-chairs or table top chairs to
provide support and safety for clients with
major physical handicaps; devices such as
helmets and mittens for self-injurious
behaviors; or devices such as soft ties used to
prevent medically ill clients from removing
intravenous tubes, indwelling catheters,
cardiac monitor electrodes or similar medical
devices. As provided in Rule .0207 of
Subchapter 14J, the use of a protective device
for behavioral control shall comply with the
requirements specified in Rule .0203 of
Subchapter 14J.
(31)(34) "Psychosurgery" means surgical procedures
for the intervention in or alteration of a mental,
emotional or behavior disorder.
(32)(35) "Psychotropic medication" means medication
with the primary function of treating mental
illness, personality or behavior disorders. It
includes, but is not limited to, antipsychotics,
anti-depressants, minor tranquilizers and
lithium.
(33) "Qualified professional" means any person
with appropriate training or experience in the
professional fields of mental health care,
mental illness, mental retardation, or substance
abuse, including but not limited to, physicians,
psychologists, social workers, registered
nurses, qualified mental retardation
professionals and qualified alcoholism or drug
abuse professionals, as these terms are defined
in 10 NCAC 14K .0103, "Licensure Rules for
Mental Health, Mental Retardation and Other
Developmental Disabilities, and Substance
Abuse Facilities", division publication APSM
40-2. In addition, qualified professionals shall
include special education instructors, physical
therapists, occupational therapists, speech
therapists and any other recognized
professional group designated by the State
Facility Director
(36) "Qualified professional" means, within the
MH/DD/SAS system of care, an individual
serving in the following categories:
(A) Independent Practitioner. An
independent practitioner is an
individual who holds an unrestricted
license, certificate, registration issued
by the board regulating the profession
in the following disciplines: Ph.D.
Psychologist, Psychiatrist, Certified
Clinical Social Worker, Clinical
Nurse Specialist certified in
Psychiatric Mental Health Advanced
Practice Nursing, Licensed Clinical
Social Worker, Licensed
Occupational, Physical and Speech
Therapists who provide and bill
mh/dd/sa services under their own
provider number and through
employment or contract with an area
program or other billing provider; or
(B) Independent Practitioner Provisional.
An independent practitioner
provisional has a limited, provisional
and temporary license, certificate,
registration or permit in the
disciplines as specified in Paragraph
(b)(36)(A) of this Rule issued by the
governing board regulating the
profession and requires clinical
supervision by an independent
practitioner and provides and bills
mh/dd/sa services under their own
provider number and through
employment or contract with an area
program or other billing provider; or
(C) Qualified Professional of MH/DD/SA
Services:
(i) a graduate of a college or
university with a Masters
degree in a related human
service field and has one
year of full-time, post-graduate
accumulated
mh/dd/sa experience with
the population served, and a
substance abuse professional
shall have two years of full-time,
post-graduate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
(ii) a graduate of a college or
university with a
baccalaureate degree in a
related human service field
and has two years of full-time,
post-baccalaureate
accumulated mh/dd/sa
experience with the
population served, and a
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
124
substance abuse professional
shall have two years of full-time,
post-baccalaureate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
(iii) a graduate of a college or
university with a
baccalaureate degree in a
field not related to human
services and has four years
of full-time, post-baccalaureate
accumulated
mh/dd/sa experience with
the population served, and a
substance abuse professional
shall have four years of full-time,
post-baccalaureate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
(iv) a substance abuse
professional who has a
counseling certification by
the North Carolina
Substance Abuse
Professional Certification
Board; or
(v) a registered nurse who is
licensed to practice in the
State of North Carolina by
the North Carolina Board of
Nursing and has four years
of full-time accumulated
experience in psychiatric
mental health nursing.
(34)(37) "Regional alcoholic rehabilitation center"
means a state facility for substance abusers as
specified in G.S. 122C-181(a)(3).
(35)(38) "Regional mental retardation center" means a
state facility for the mentally retarded as
specified in G.S. 122C-181(a)(2).
(36)(39) "Regional psychiatric hospital" means a state
facility for the mentally ill as specified in G.S.
122C-181(a)(1).
(37)(40) "Representative payee" means the person,
group, or facility designated by a funding
source, such as Supplemental Security Income
(SSI), to receive and handle funds according to
the guidelines of the source on behalf of a
client.
(38)(41) "Research" means inquiry involving a trial or
special observation made under conditions
determined by the investigator to confirm or
disprove an hypothesis or to explicate some
principle or effect.
(39)(42) "Respite client" means a client admitted to a
mental retardation center for a short-term
period, normally not to exceed 30 days. The
primary purpose of such admission is to
provide a temporary interval of rest or relief
for the client's regular caretaker.
(40)(43) "Responsible professional" shall have the
meaning as specified in G.S. 122C-3 except
the "responsible professional" shall also be a
qualified professional as defined in
Subparagraph (b)(32) in (b)(36) of this Rule.
(41) "Restraint" means the limitation of one's
freedom of movement. In accordance with
G.S. 122C-60, restraint includes the following:
(A) mechanical restraint which is
restraining a client with the intent of
controlling behavior with mechanical
devices which include, but are not
limited to, cuffs, ankle straps, sheets
or restraining shirts. This does not
include handcuffs used for the
purpose of escorting forensic clients;
(B) physical restraint which is restraining
a client by physically holding or
subduing the client until he is calm.
(42)(44) "Seclusion" means isolating a client in a
separate locked room for the purpose of
controlling a client's behavior, except that in
the Forensic Division at Dorothea Dix
Hospital, seclusion shall not include the
routine use of locked rooms, isolation of
clients admitted for evaluation of capacity to
proceed to trial who are considered to be an
escape risk, or separation of juveniles
requiring separation from adult clients.
(43)(45) "State Facility Director" means the chief
administrative officer or manager of a state
facility or his designee.
(44)(46) "Strike" means, but is not limited to, hitting,
kicking, slapping or beating whether done with
a part of one's body or with an object.
(45)(47) "Timeout" means the removal of a client from
other clients to another space within the same
activity area for the purpose of modifying
behavior.
(46)(48) "Treatment" means the act, method, or manner
of habilitating or rehabilitating, caring for or
managing a client's physical or mental
problems.
(47)(49) "Treatment plan" means a written individual
plan of treatment or habilitation for each client
to be undertaken by the treatment team and
includes any documentation of restriction of
client's rights.
(48)(50) "Treatment team" means an interdisciplinary
group of qualified professionals sufficient in
number and variety by discipline to adequately
assess and address the identified needs of the
client.
(49)(51) "Unit" means an integral component of a state
facility distinctly established for the delivery
of one or more elements of service to which
specific staff and space are assigned, and for
which responsibility has been clearly assigned
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
125
to a director, supervisor, administrator, or
manager.
(50)(52) "Voluntary client" means a person admitted to
a state facility under the provisions of Article
5, Parts 2, 3, 4 or 5 of G.S. 122C.
Authority G.S. 122C-3; 122C-4; 122C-51; 122C-53(f);
143B-147.
SUBCHAPTER 14V - RULES FOR MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES, AND SUBSTANCE
ABUSE FACILITIES AND SERVICES
SECTION .0100 - GENERAL INFORMATION
10 NCAC 14V .0104 STAFF DEFINITIONS
The following credentials and qualifications apply to staff
described in this Subchapter:
(1) "Associate Professional (AP)" within the
DMH/DD/SAS system of care means an
individual who is a:
(a) graduate of a college or university
with a Masters degree in a related
human service field with less than
one year of full-time, post-graduate
accumulated mh/dd/sa experience
with the population served, and a
substance abuse professional with
less than one year of full-time, post-graduate
accumulated supervised
experience in alcoholism and drug
abuse counseling. Upon hiring, an
individualized supervision plan shall
be developed and supervision shall be
provided by a qualified professional
with the population served until the
individual meets one year of
experience; or
(b) graduate of a college or university
with a baccalaureate degree in a
related human service field with less
than two years of full-time, post-baccalaureate
accumulated mh/dd/sa
experience with the population
served, and a substance abuse
professional with less than two years
of full-time, post-baccalaureate
accumulated supervised experience in
alcoholism and drug abuse
counseling. Upon hiring, an
individualized supervision plan shall
be developed and reviewed annually.
Supervision shall be provided by a
qualified professional with the
population served until the individual
meets two years of experience; or
(c) graduate of a college or university
with a baccalaureate degree in a field
not related to human services with
less than four years of full-time, post-baccalaureate
accumulated mh/dd/sa
experience with the population
served, and a substance abuse
professional with less than four years
of full-time, post-baccalaureate
accumulated supervised experience in
alcoholism and drug abuse
counseling. Upon hiring, an
individualized supervision plan shall
be developed and reviewed annually.
Supervision shall be provided by a
qualified professional with the
population served until the individual
meets four years of experience; or
(d) registered nurse who is licensed to
practice in the State of North Carolina
by the North Carolina Board of
Nursing and has less than four years
of full-time accumulated experience
in psychiatric mental health nursing.
(1)(2) "Certified counselor" means a counselor who
is certified as such by the North Carolina
Counseling Association as a Licensed
Professional Counselor (LPC).
(2)(3) "Certified alcoholism counselor (CAC)"
means an individual who is certified as such
by the North Carolina Substance Abuse
Professional Certification Board.
(3)(4) "Certified drug abuse counselor (CDAC)"
means an individual who is certified as such
by the North Carolina Substance Abuse
Professional Certification Board.
(4)(5) "Certified substance abuse counselor (CSAC)"
means an individual who is certified as such
by the North Carolina Substance Abuse
Professional Certification Board.
(5)(6) "Clinical" means having to do with the active
direct treatment/habilitation of a client.
(6)(7) "Clinical staff member" means a professional
who provides active direct
treatment/habilitation to a client.
(7)(8) "Clinical/professional supervision" means
regularly scheduled assistance by a qualified
mental health professional, a qualified
substance abuse professional or a qualified
developmental disabilities professional to a
staff member who is providing direct,
therapeutic intervention to a client or clients.
The purpose of clinical supervision is to
ensure that each client receives appropriate
treatment or habilitation which is consistent
with accepted standards of practice and the
needs of the client.
(8)(9) "Clinical social worker" means a social worker
who is licensed as such by the N.C. Board of
Social Work.
(10) "Director" means the individual who is
responsible for the operation of the facility.
(9)(11) "Licensed Psychologist" means an individual
who is licensed to practice psychology in the
State of North Carolina.
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
126
(10)(12) "Nurse" means a person licensed to practice in
the State of North Carolina either as a
registered nurse or as a licensed practical
nurse.
(13) "Paraprofessional" within the DMH/DD/SAS
system of care means an individual who has:
(a) a GED or high school diploma; o r
(b) no GED or high school diploma,
employed prior to November 1, 2001
to provide a mh/dd/sa service; and
(c) upon hiring, an individualized
supervision plan shall be developed
and supervision shall be provided by
a qualified professional or associate
professional with the population
served.
(14) "Psychiatric nurse" means an individual who is
licensed to practice as a registered nurse in the
State of North Carolina by the North Carolina
Board of Nursing and who is a graduate of an
accredited master's level program in
psychiatric mental health nursing with two
years of experience, or has a master's degree in
behavioral science with two years of
supervised clinical experience, or has four
years of experience in psychiatric mental
health nursing.
(12)(14) "Psychiatric social worker" means an
individual who holds a master's degree in
social work from an accredited school of
social work and has two years of clinical social
work experience.
(13)(15) "Psychiatrist" means an individual who is
licensed to practice medicine in the State of
North Carolina and who has completed an
accredited training program in psychiatry.
(14) "Qualified alcoholism professional" means an
individual who is certified as such by the
North Carolina Substance Abuse Professional
Certification Board or who is a graduate of a
college or university with a baccalaureate or
advanced degree in a human service related
field with documentation of at least two years
of supervised experience in the profession of
alcoholism counseling.
(15)(16) "Qualified client record manager" means an
individual who is a graduate of a curriculum
accredited by the Council on Medical
Education and Registration of the American
Health Information Management Association
and who is currently registered or accredited
by the American Health Information
Management Association.
(17) "Qualified professional" means, within the
MH/DD/SAS system of care, an individual
serving in the following categories:
(a) Independent Practitioner. An
independent practitioner is an
individual who holds an unrestricted
license, certificate, registration,
issued by the board regulating the
profession in question, in the
following disciplines: Ph.D.
Psychologist, Psychiatrist, Certified
Clinical Social Worker, Clinical
Nurse Specialist certified in
Psychiatric Mental Health Advanced
Practice Nursing, Licensed Clinical
Social Worker, Licensed
Occupational, Physical and Speech
Therapist and who provides and bills
MH/DD/SA services under their own
provider number and through
employment or contract with an area
program or other billing provider; or
(b) Independent Practitioner Provisional.
An independent practitioner
provisional has a limited, provisional
and temporary license, certificate,
registration or permit in the
disciplines listed above issued by the
governing board regulating the
profession and requires clinical
supervision by a qualified
independent practitioner and provides
and bills MH/DD/SA services under
their own provider number and
through employment or contract with
an area program or other billing
provider; or
(c) Qualified Professional of MH/DD/SA
Services:
(i) a graduate of a college or
university with a Masters
degree in a related human
service field and has one
year of full-time, post-graduate
accumulated
MH/DD/SA experience with
the population served and a
substance abuse professional
shall have one year of full-time
post-graduate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
(ii) a graduate of a college or
university with a
baccalaureate degree in a
related human service field
and has two years of full-time,
post- baccalaureate
accumulated MH/DD/SA
experience with the
population served and a
substance abuse professional
shall have two years of full-time
post-graduate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
127
(iii) a graduate of a college or
university with a
baccalaureate degree in a
field not related to human
services and has four years
of full-time, post-baccalaureate
accumulated
MH/DD/SA experience with
the population served and a
substance abuse professional
shall have four years of full-time
post-graduate
accumulated supervised
experience in alcoholism and
drug abuse counseling; or
(iv) a substance abuse
professional who has a
counseling certification by
the North Carolina
Substance Abuse
Professional Certification
Board; or
(v) a registered nurse who is
licensed to practice in the
State of North Carolina by
the North Carolina Board of
Nursing and has four years
of full-time accumulated
experience in psychiatric
mental health nursing.
(16) "Qualified developmental disabilities
professional" means an individual who is:
(a) a graduate of a college or university
with a baccalaureate degree in a
discipline related to developmental
disabilities and at least one year of
supervised habilitative experience in
working with individuals with
developmental disabilities;
(b) a graduate of a college or university
with a baccalaureate degree in a
human service related field and at
least two years of supervised
habilitative experience in working
with individuals with developmental
disabilities; or
(c) a graduate of a college or university
with a baccalaureate degree in a field
other than one related to
developmental disabilities and at least
three years of supervised habilitative
experience in working with
individuals with developmental
disabilities.
(17) "Qualified drug abuse professional" means an
individual who is:
(a)certified as such by the North Carolina
Substance Abuse Professional
Certification Board;
(b) a graduate of a college or university
with an advanced degree in a human
service related field with
documentation of at least one year of
supervised experience in the
profession of drug abuse counseling;
or
(c) a graduate of a college or university
with a baccalaureate or advanced
degree in a human service related
field with documentation of at least
two years of supervised experience in
the profession of drug abuse
counseling.
(18) "Qualified mental health professional" means
an individual who is:
(a) a psychiatrist, psychiatric nurse,
licensed psychologist, or a psychiatric
social worker;
(b) graduate of a college or university
with an advanced degree in a related
human service field and two years of
supervised clinical experience in
mental health services: or
(c) a graduate of a college or university
with a baccalaureate degree in a
related human service field and four
years of supervised clinical
experience in mental health services.
(19) "Qualified substance abuse professional"
means an individual who is:
(a) certified as such by the North
Carolina Substance Abuse
Professional Certification Board; or
(b) a graduate of a college or university
with an advanced degree in a human
service related field with
documentation of at least one year of
supervised experience in the
profession of alcoholism and drug
abuse Counseling; or
(c) a graduate of a college or university
with a baccalaureate degree in a
human service related field with
documentation of at least two years of
supervised experience in the
profession of alcoholis m and drug
abuse counseling.
Authority G.S. 122C-3; 122C-25; 122C-26; 143B-147.
SECTION .0200 - OPERATION AND MANAGEMENT
RULES
10 NCAC 14V .0202 PERSONNEL REQUIREMENTS
(a) All facilities shall have a written job description for the
director and each staff position which:
(1) specifies the minimum level of education,
competency, work experience and other
qualifications for the position;
(2) specifies the duties and responsibilities of the
position;
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
128
(3) is signed by the staff member and the
supervisor; and
(4) is retained in the staff member's file.
(b) All facilities shall ensure that the director, each staff
member or any other person who provides care or services to
clients on behalf of the facility:
(1) is at least 18 years of age;
(2) is able to read, write, understand and follow
directions;
(3) meets the minimum level of education,
competency, work experience, skills and other
qualifications for the position; and
(4) has no substantiated findings of abuse or
neglect listed on the North Carolina Health
Care Personnel Registry.
(a)(c) All facilities or services shall require that all applicants
for employment disclose any criminal conviction. The impact of
this information on a decision regarding employment shall be
based upon the offense in relationship to the job for which the
applicant is applying.
(b)(d) Staff of a facility or a service shall be currently licensed,
registered or certified in accordance with applicable state laws,
as appropriate laws for the services provided.
(c)(e) A personnel record file shall be maintained for each
individual employed indicating the training, experience,
experience and other qualifications for the position, including
verification appropriate to of licensure, registration or
certification.
(d)(f) Continuing education shall be documented.
(e)(g) Orientation programs shall be provided. Employee
training programs shall be provided and, at a minimum, shall
consist of the following:
(1) general organizational orientation;
(2) training on client rights and confidentiality;
(3) training to assist clients with mh/dd/sa needs
or clients with dual diagnoses; and
(4) training in infectious diseases and bloodborne
pathogens.
(f) Staff training including training in infectious diseases and
blood-borne pathogens.
(g)(h) Except as permitted under 10 NCAC 14V .5602(b) of this
Subchapter, at least one staff member shall be available in a the
facility at all times when a client is present. That staff member
shall be who is trained in basic first aid including seizure
management, currently trained to provide cardiopulmonary
resuscitation, resuscitation seizure management, and trained in
the Heimlich maneuver or other approved Red Cross First Aid
first aid techniques such as those provided by Red Cross, the
American Heart Association or their equivalence for relieving
airway obstruction shall be available at all times. obstruction.
(h)(i) The governing body shall develop and implement policies
and procedures for identifying, reporting, investigating and
controlling infectious and communicable diseases of personnel
and clients. may require medical statements from all direct care
providers except those in facilities that provide only periodic
services. When, in these Rules, a medical statement is required,
the following shall apply :
(1) The staff member shall submit to the program
at the time of initial approval and annually
thereafter a medical statement from a licensed
physician, nurse practitioner, or physician's
assistant.
(2) The medical statement may be in any written
form but shall be signed by the physician,
nurse practitioner, or physician's assistant and
indicate the general good physical and mental
health of the individual, the evidence of the
absence of any indication of active
tuberculosis and communicable diseases, or
any other condition that poses a threat to
clients.
(3) The facility or program shall keep the most
recent medical statement on file.
Authority G.S. 122C-26.
10 NCAC 14V .0203 COMPETENCIES OF
QUALIFIED PROFESSIONALS AND ASSOCIATE
PROFESSIONALS
(a) Qualified professionals and associate professionals shall
demonstrate knowledge, skills and abilities required to serve the
client based on the individualized treatment/habilitation plan.
(b) The governing body for each facility shall develop and
implement policies and procedures for the initiation of an
individualized supervision plan upon hiring each associate
professional.
(c) The associate professional shall be supervised by a qualified
professional with the population served for the period of time as
specified in Rule .0104 of this Subchapter.
Authority G.S. 122C-26.
10 NCAC 14V .0204 COMPETENCIES AND
SUPERVISION OF PARAPROFESSIONALS
There shall be no privileging requirements for paraprofessionals:
(1) Paraprofessionals shall be supervised by an
associate professional or by a qualified
professional as specified in Rule .0104 of this
Subchapter.
(2) Paraprofessionals shall demonstrate
knowledge, skills and abilities required to
serve the client based on the individualized
treatment/habilitation plan.
Authority G.S. 122C-26.
TITLE 15A – DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOUCES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Commission for Health Services intends to amend the rule
cited as 15A NCAC 18C .1510. Notice of Rule-making
Proceedings was published in the Register on January 15, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: August 7, 2002
Time: 2:00 p.m.
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
129
Location: 1330 St. Mary's Street, Conference Room G1-B,
Raleigh, NC
Reason for Proposed Action: In order to meet the conditions
of the primacy agreement with the US Environmental Protection
Agency, North Carolina's rules must be no less stringent than
the Federal Regulations as required in Section 1413 of the Safe
Drinking Water Act. The National Primary Drinking Water
Regulations: Arsenic and Clarifications to Compliance and
New Source Contaminants Monitoring was promulgated on
January 22, 2002. This federal rule is applicable to community
and non-transient non-community water systems and lowers the
existing maximum contaminant level (MCL) for arsenic from .05
mg/L to 0.01mg/L. The effective date of the federal rule is
January 23, 2006. North Carolina has already amended its
existing State rule (15A NCAC 18C .1510) as a Temporary Rule
and has lowered its MCL for arsenic to .010 mg/L, however, the
effective date established for the new MCL was January 1, 2002.
The Commission for Health Services approved this amendment
to North Carolina's rules on December 11, 2001.
Comment Procedures: Written comments will be accepted
through August 14, 2002. Send comments to Linda F. Raynor,
Public Water Supply Section, 1634 Mail Service Center,
Raleigh, NC 27699-1634 or phone (919) 715-3225.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18C – WATER SUPPLIES
SECTION .1500 - WATER QUALITY STANDARDS
15A NCAC 18C .1510 MAXIMUM CONTAMINANT
LEVELS FOR INORGANIC CHEMICALS
(a) The provisions of 40 C.F.R. 141.11 are hereby incorporated
by reference, including any subsequent amendments and
editions. editions, except the maximum contaminant level for
arsenic shall be regulated as set forth in Paragraph (c) of this
Rule. This material is available for inspection at the Department
of Environment, Health, Environment and Natural Resources,
Division of Environmental Health, 1330 Saint Mary's Street,
2728 Capital Boulevard, Raleigh, North Carolina. Copies may
be obtained from the Environmental Protection Agency's
(USEPA) Drinking Water Hotline at 1-800-426-4791 or from
USEPA's homepage at http://www.epa.gov/safewater. Non-members
may obtain copies from the American Water Works
Association, Information Services, 6666 West Quincy Avenue,
Denver, Colorado 80235 at a cost of fifteen dollars ($15.00) up
to 20 pages and thirty cents ($0.30) per page for each additional
page.
(b) The provisions of 40 C.F.R. 141.62 are hereby incorporated
by reference including any subsequent amendments and editions.
This material is available for inspection at the Department of
Environment, Health, Environment and Natural Resources,
Division of Environmental Health, 1330 Saint Mary's Street,
2728 Capital Boulevard, Raleigh, North Carolina. Copies may
be obtained from the Environmental Protection Agency's
(USEPA) Drinking Water Hotline at 1-800-426-4791 or from
USEPA's homepage at http://www.epa.gov/safewater. Non-members
may obtain copies from the American Water Works
Association, Information Services, 6666 West Quincy Avenue,
Denver, Colorado 80235 at a cost of fifteen dollars ($15.00) up
to 20 pages and thirty cents ($0.30) per page for each additional
page.
(c) Effective January 1, 2002, the maximum contaminant level
for arsenic applies to community and non-transient non-community
water systems as follows:
(1) The maximum contaminant level for arsenic is
0.010 milligrams per liter, until such time as
the USEPA revises the standard to a level
lower than 0.010 milligrams per liter at which
time the more stringent level shall apply.
(2) Sampling, analytical requirements, and
compliance calculations for arsenic shall be
conducted as specified for the contaminants in
15A NCAC 18C .1508.
(3) Certified laboratories must report quantifiable
results down to at least 0.005 milligrams per
liter for arsenic compliance samples effective
January 1, 2002.
(4) Water systems with arsenic in excess of the
maximum contaminant level from the latest
compliance sample must submit by January 1,
2005 a compliance schedule to the Division of
Environmental Health, Public Water Supply
Section stating the alternative solution that has
been selected, the actions to be taken, and the
deadline for those actions in order to meet the
revised standard by the compliance date. The
system must be in compliance with the MCL
by January 23, 2006. In the interim period, the
water system shall provide public notice
pursuant to 15A NCAC 18C .1523.
Exceedence of the maximum contaminant
level shall be reported in the Consumer
Confidence Report pursuant to 15A NCAC
18C.1538.
Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 141.
TITLE 19A – DEPARTMENT OF TRANSPORTATION
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Department of Transportation – Division of Highways
intends to adopt the rules cited as 19A NCAC 02F .0101-.0103.
Notice of Rule-making Proceedings was published in the
Register on February 15, 2002.
Proposed Effective Date: April 1, 2003 (Temporary Rules Eff.
January 11, 2002)
Public Hearing:
Date: August 5, 2002
Time: 2:00 p.m.
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
130
Location: Room 150, Transportation Building, 1 South
Wilmington Street, Raleigh, NC
Reason for Proposed Action: These rules are proposed for
adoption pursuant to the authority granted by the NC General
Assembly in Section 27.22 of Session Law 2001-424. Temporary
rules were published in the November 1, 2001 NC Register.
Comments were received through the Clearinghouse and revised
temporary rules were published in the February 15, 2002 NC
Register. Additional Clearinghouse comments were received
through April, 2002. Proposed rules were subsequently
published in the June 3, 2002 NC Register but changes approved
by the Clearinghouse and by the Board of Transportation on
May 2, 2002 were not incorporated. These rules reflect text
approved by the DOT in May. The rules are necessary to set
environmental minimum criteria conditions under which
highway projects may be constructed.
Comment Procedures: Any interested person may comment by
submitting written comments to Emily Lee, NC DOT, 1501 Mail
Service Center, Raleigh, NC 27699, by August 16, 2002.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
CHAPTER 02 - DIVISION OF HIGHWAYS
SUBCHAPTER 02F - DEPARTMENT OF
TRANSPORTATION'S MINIMUM CRITERIA
SECTION .0100 - MINIMUM CRITERIA
19A NCAC 02F .0101 PURPOSE
This Section establishes minimum criteria to be used in
determining when the preparation of environmental documents
pursuant to the North Carolina Environmental Policy Act
(NCEPA) is not required.
Authority G.S. 113A-11; 143B-10.
19A NCAC 02F .0102 MINIMUM CRITERIA
The following minimum criteria are established as an indicator
of the types and classes of thresholds of activities at and below
which environmental documentation under the NCEPA is not
required:
(1) Approval of:
(a) installation of utilities along or across
a transportation facility;
(b) grade separated crossings of
highways by railroads or highway; or
(c) grading, commercial driveways, and
other encroachments on the highway
right-of-way;
(2) Construction of bicycle and pedestrian lanes,
paths, and facilities;
(3) Construction of safety projects such as
guardrails, grooving, glare screen, safety
barriers, and energy attenuators;
(4) Installation of noise barriers or alterations to
existing public buildings to provide for noise
reduction;
(5) Landscaping of highway, railroad, and rest
area projects;
(6) Installation of fencing, signs, pavement
markings, small passenger shelters, lighting,
traffic signals, and railroad signal systems and
warning devices;
(7) Repair, rehabilitation, or replacement of a
highway or railway facility in general
conformance with the original design and
alignment, which is commenced immediately
after the occurrence of a natural disaster or
catastrophic failure, to restore the highway for
the health, welfare, and safety of the public;
(8) Highway or railway modernization by means
of the following activities, which involves less
than a total of 10 cumulative acres of ground
surface previously undisturbed by highway or
railway construction, limited to a single
project, noncontiguous to any other project
making use of this provision:
(a) resurfacing, restoration, or
reconstruction;
(b) adding lanes for travel, parking,
weaving, turning, or climbing;
(c) correcting substandard curves and
intersections;
(d) adding shoulders or minor widening;
(e) adding or extending passing sidings;
(f) lengthening of railway spirals; or
(g) flattening of railway curves;
(9) Reconstruction of exis ting crossroad or
railroad separations and existing stream
crossings, including, but not limited to, pipes,
culverts, and bridges;
(10) Approval of oversized and overweight
permits;
(11) Approval of outdoor advertising permits;
(12) Maintenance or repair of the state highway or
railway system to include work such as:
(a) Grading and stabilizing unpaved
roads;
(b) Maintaining unpaved shoulders;
(c) Cleaning ditches and culverts;
(d) Patching paved surfaces;
(e) Maintaining bridges;
(f) Removing snow and ice;
(g) Controlling erosion and vegetation
growth;
(h) Manufacturing and stockpiling
material;
(i) Paving secondary roads; and
(j) Timber and surfacing of rail lines;
(13) Assumption of maintenance of roads
constructed by others;
(14) Making capital improvements constructed at
an existing DOT facility that:
(a) Require less than one acre of
exposed, erodible ground surface; and
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
131
(b) Require the use of structures which
do not involve handling or storing
hazardous materials which exceed the
threshold planning limits of Title 3 of
the Superfund Amendments and
Reauthorization Act of 1986;
(15) Construction of a new two-lane highway in
accordance with accepted design practices and
DOT standards and specifications involving
less than a total of 25 cumulative acres of
ground surface limited to a single project,
noncontiguous to any other project making use
of this provision;
(16) Reconstructing, rehabilitating, resurfacing, or
maintaining existing runways, taxiways,
aircraft aprons, access roads, and automobile
parking lots;
(17) Constructing, reconstructing, rehabilitating, or
upgrading of lighting associated with runways,
taxiways, and apron edges; visual approach
aids; instrument approach aids; wind
indicators; rotating beacons; obstruction lights;
area lights; security lights; and the electrical
distribution systems and control systems for
such facilities;
(18) Construction of terminal buildings, railway
stations, maintenance buildings, and hangars
involving less than five acres of previously
undisturbed ground;
(19) Acquiring property to meet Federal or State
standards, requirements, or recommendations
directly relating to aviation safety;
(20) Acquiring 10 acres or less of property for
future airport development or future railroad
development;
(21) Construction on existing airport property
which has previously been disturbed by
clearing, grubbing, or grading on land
involving less than 10 acres of exposed,
erodible ground surface;
(22) Planning airport projects to include master
plans, noise and compatibility plans,
preliminary construction project plans, and
special planning studies such as economic
impact studies;
(23) Rehabilitating, maintaining, and improving
airport drainage systems on airport property to
include landscaping and erosion control
facilities involving less than five acres of
previously undisturbed ground;
(24) Purchasing vehicles for mass transportation
purposes;
(25) Maintaining and improving railroad track and
bed in the existing right of way;
(26) Implementation of any project which qualifies
as a "categorical exclusion" under the National
Environmental Policy Act by one of the
Agencies of the U.S. Department of
Transportation;
(27) Acquisition and construction of wetland,
stream, and endangered species mitigation
sites;
(28) Remedial activities involving the removal,
treatment or monitoring of soil or groundwater
contamination pursuant to state or federal
remediation guidelines; and.
(29) Other activities, not specifically described
above, involving maintenance or repair needed
to maintain the original function of an existing
project or facility without expansion or change
in use; sampling, monitoring, and related data-gathering
activities; and minor construction or
land-disturbing activities that impact less than
five acres.
Authority G.S. 113A-9; 113A-11; 143B-10(j).
19A NCAC 02F .0103 EXCEPTIONS TO MINIMUM
CRITERIA
Any activity falling within the parameters of the minimum
criteria set out in Rule .0102 of this Section shall not routinely
be required to have environmental documentation under the
NCEPA. However, the Secretary of Transportation or his
designee shall determine if environmental documents are
required in any case where a Division Director or Branch
Manager makes one of the following findings as to a proposed
activity:
(1) The proposed activity may have significant
adverse effects on wetlands; surface waters
such as rivers, streams, and estuaries;
parklands, prime or unique agricultural lands;
or areas of recognized scenic, recreational,
archaeological, or historical value; or would
endanger the existence of a species identified
on the Department of Interior's threatened and
endangered species list.
(2) The proposed activity could cause changes in
industrial, commercial, residential,
agricultural, or silvicultural land use
concentrations or distributions which would be
expected to create significant adverse water
quality, air quality, or ground water impacts;
or have a significant adverse effect on long-term
recreational benefits or shellfish, finfish,
wildlife, or their natural habitats.
(3) The secondary or cumulative impacts of the
proposed activity, which are not generally
covered in the approval process, may result in
a significant adverse impact to human health
or the environment.
(4) The proposed activity is of such an unusual
nature or has such widespread implications
that an uncommon concern for its
environmental effects has been expressed to
the agency.
Authority G.S. 113A-9; 113A-11; 143B-10(j).
TITLE 21 – OCCUPATIONAL LICENSING BOARDS
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
132
CHAPTER 48 - BOARD OF PHYSICAL THERAPY
EXAMINERS
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Board of Physical Therapy Examiners intends to amend
the rule cited as 21 NCAC 48C .0101. Notice of Rule-making
Proceedings was published in the Register on May 15, 2002.
Proposed Effective Date: April 1, 2003
Public Hearing:
Date: August 13, 2002
Time: 12:00-12:30 p.m.
Location: Siena Hotel, Lombardi Room, 1505 East Franklin
St., Chapel Hill, NC
Reason for Proposed Action: The purpose of this Rule change
will be to clarify the scope of physical therapy practice.
Comment Procedures: Comments will be accepted through
August 14, 2002. Letters must be legible and signed and include
a phone number. Please send comments to Ben F. Massey, Jr.,
P.T., Executive Director, NC Board of Physical Therapy
Examiners, 18 West Colony Place, Suite 140, Durham, NC
27705. If you have questions, please do not hesitate to call Mr.
Massey at 919-490-6393 or 800-800-8982, fax 919-490-5106,
email ncptboard@mindspring.com.
Fiscal Impact
State
Local
Substantive (>$5,000,000)
None
SUBCHAPTER 48C - SCOPE OF PHYSICAL THERAPY
PRACTICE
SECTION .0100 – PHYSICAL THERAPISTS
21 NCAC 48C .0101 PERMITTED PRACTICE
(a) Physical therapy is presumed to include any acts, tests,
procedures, treatments or modalities that are routinely taught in
educational programs or in continuing education programs for
physical therapists and are routinely performed in practice
settings.
(b) A physical therapist who employs acts, tests, procedures and
modalities in which professional training has been received
through education or experience is considered to be engaged in
the practice of physical therapy.
(c) A physical therapist must supervise physical therapist
assistants, physical therapy aides, PT students and PTA students
to the extent required under the Physical Therapy Practice Act
and these Rules. Physical therapy aides include all non licensed
individuals aiding in the provision of physical therapy services.
(d) Physical therapy, which is the care and services provided by
or under the direction and supervision of a physical therapist,
includes:
(1) examining (history, system review and tests
and measures) individuals in order to
determine a diagnosis, prognosis, and
intervention; tests and measures may include,
but are not limited to, the following:
(A) aerobic capacity and endurance;
(B) anthropometic characteristics;
(C) arousal, attention, and cognition;
(D) assistive and adaptive devices;
(E) community and work
(job/school/play) integration or
reintegration;
(F) cranial nerve integrity;
(G) environmental, home, and work
(job/school/play) barriers;
(H) ergonomics and body mechanics;
(I) gait, locomotion, and balance;
(J) integumentary integrity;
(K) joint integrity and mobility;
(L) motor function;
(M) muscle performance;
(N) neuromotor development and sensory
integration;
(O) orthotic, protective and supportive
devices;
(P) pain;
(Q) posture;
(R) prosthetic requirements;
(S) range of motion;
(T) reflex integrity;
(U) self-care and home management;
(V) sensory integrity; and
(X) ventilation, respiration, and
circulation.
(2) alleviating impairment and functional
limitation by designing, implementing, and
modifying therapeutic interventions may
include, but are not limited to the following:
(A) coordination, communication and
documentation;
(B) patient/client-related instruction;
(C) therapeutic exercise (including
aerobic conditioning);
(D) functional training in self-care and
home management (including
activities of daily living and
instrumental activities of daily
living);
(E) functional training in community and
work (jobs/school/play) integration or
reintegration activities (including
instrumental activities of daily living,
work hardening, and work
conditioning);
(F) manual therapy techniques (including
mobilization and mainipulation);
(G) prescription, application, and
fabrication of assistive, adaptive,
orthotic, protective, supportive, and
prosthetic devices and equipment that
is within the scope of practice of
physical therapy;
(H) airway clearance techniques;
(I) wound management;
PROPOSED RULES
17:02 NORTH CAROLINA REGISTER July 15, 2002
133
(J) electrotherapeutic modalities; and
(K) physical agents and mechanical
modalities.
(3) preventing injury, impairment, functional
limitation, and disability, including the
promotion and maintenance of fitness, health,
and quality of life in all age populations.
(e)(d) The practice of physical therapy is the application of a
broad range of evaluation and treatment procedures related to
abnormality of human sensorimotor performance. It includes,
but is not limited to, tests of joint motion, muscle length and
strength, posture and gait, limb length and circumference,
activities of daily living, pulmonary function, cardio-vascular
function, nerve and muscle electrical properties, orthotic and
prosthetic fit and function, sensation and sensory perception,
reflexes and muscle tone, and sensorimotor and other skilled
performances; treatment procedures such as hydrotherapy,
shortwave or microwave diathermy, ultrasound, infra-red and
ultraviolet radiation, cryotherapy, electrical stimulation
including transcutaneous electrical neuromuscular stimulation,
massage, debridement, intermittent vascular compression,
iontophoresis, machine and manual traction of the cervical and
lumbar spine, joint mobilization, machine and manual
therapeutic exercise including isokinetics and biofeedback, and
training in the use of orthotic, prosthetic and other assistive
devices including crutches, canes and wheelchairs. Physical
therapy, which is the care and services provided by or under the
direction and supervision of a physical therapist, includes:
Physical therapy further includes, but is not limited to:
(1) examining (history, system review and tests
and measures) individuals in order to
determine a diagnosis, prognosis, and
intervention [within the physical therapist's
scope of practice]; tests and measures may
include, but are not limited to, the following:
(A) aerobic capacity and endurance;
(B) anthropometic characteristics;
(C) arousal, attention, and cognition;
(D) assistive and adaptive devices;
(E) community and work
(job/school/play) integration or
reintegration;
(F) cranial nerve integrity;
(G) environmental, home, and work
(job/school/play) barriers;
(H) ergonomics and body mechanics;
(I) gait, locomotion, and balance;
(J) integumentary integrity;
(K) joint integrity and mobility;
(L) motor function;
(M) muscle performance;
(N) neuromotor development and sensory
integration;
(O) orthotic, protective and supportive
devices;
(P) pain;
(Q) posture;
(R) prosthetic requirements;
(S) range of motion;
(T) reflex integrity;
(U) self-care and home management;
(V) sensory integrity; and
(X) ventilation, respiration, and
circulation.
(2) alleviating impairment and functional
limitation by designing, implementing, and
modifying therapeutic interventions may
include, but are not limited to the following:
(A) coordination, communication and
documentation;
(B) patient/client-related instruction;
(C) therapeutic exercise (including
aerobic conditioning);
(D) functional training in self-care and
home management (including
activities of daily living and
instrumental activities of daily
living);
(E) functional training in community and
work (jobs/school/play) integration or
reintegration activities (including
instrumental activities of daily living,
work hardening, and work
conditioning);
(F) manual therapy techniques (including
mobilization and manipulation);
(G) prescription, application, and
fabrication of assistive, adaptive,
orthotic, protective, supportive, and
prosthetic devices and equipment that
is within the scope of practice of
physical therapy;
(H) airway clearance techniques;
(I) wound management;
(J) electrotherapeutic modalities; and
(K) physical agents and mechanical
modalities.
(3) preventing injury, impairment, functional
limitation, and disability, including the
promotion and maintenance of fitness, health,
and quality of life in all age populations.
Authority G.S. 90-270.24; 90-270.26.
RULES REVIEW COMMISSION
17:02 NORTH CAROLINA REGISTER July 15, 2002
134
This Section contains information for the meeting of the Rules Review Commission on Thursday, July 18, 2002, 10:00 a.m. at
1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the
Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners. Specific
instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721. Anyone wishing to address
the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate Appointed by House
Thomas Hilliard, III Paul Powell - Chairman
Robert Saunders Jennie J. Hayman Vice - Chairman
Laura Devan Dr. Walter Futch
Jim Funderburke Jeffrey P. Gray
David Twiddy Dr. John Tart
RULES REVIEW COMMISSION MEETING DATES
July 18, 2002
Commission Review/Administrative Rules
Log of Filings (Log #187)
April 20, 2002 through June 20, 2002
DEPARTMENT OF ADMINISTRATION
Purpose 1 NCAC 40 .0104 Adopt
Organization 1 NCAC 40 .0105 Adopt
Definitions 1 NCAC 40 .0106 Adopt
Definitions 1 NCAC 40 .0205 Adopt
Issuance of Driving Eligibility Certificates 1 NCAC 40 .0206 Adopt
Revocation of Driving Eligibility Certificates 1 NCAC 40 .0207 Adopt
Student Appeals Process 1 NCAC 40 .0208 Adopt
CULTURAL RESOURCES, DEPARTMENT OF/USS NORTH CAROLINA BATTLESHIP COMMISSION
Admission Prices 7 NCAC 5 .0203 Amend
DHHS/DIVISION OF FACILITY SERVICES
Criteria and Standards for Nursing Facility or 10 NCAC 03R .1125 Amend
Required Performance Standards 10 NCAC 03R .1126 Amend
DHHS/COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES & S UBSTANCE ABUSE
SERVICES
Scope Outpatient Opioid 10 NCAC 14V .3601 Amend
Definitions Outpatient Opioid 10 NCAC 14V .3602 Amend
Operations Outpatient Opioid 10 NCAC 14V .3604 Amend
Scope Residential Recovery 10 NCAC 14V .4101 Amend
Staff Residential Recovery 10 NCAC 14V .4102 Amend
Operations Residential 10 NCAC 14V .4103 Amend
DHHS/COMMISSION FOR MH/DD/SAS
Schedule IV Controlled Substance 10 NCAC 45H .0205 Amend
DEPARTMENT OF INSURANCE
Deviations from Rates of the North Carolina Rate 11 NCAC 10 .1106 Amend
DEPARTMENT OF INSURANCE
Purpose and Definitions 11 NCAC 12 .0815 Amend
Minimum Benefit Standards for Before January 1 1992 11 NCAC 12 .0820 Amend
Minimum Benefit Standards January 1 1992 11 NCAC 12 .0835 Amend
Guaranteed Issue for Eligible Persons 11 NCAC 12 .0842 Amend
DENR/ENVIRONMENTAL MANAGEMENT COMMISSION
Form and Contents of Petition 15A NCAC 02I .0501 Adopt
RULES REVIEW COMMISSION
17:02 NORTH CAROLINA REGISTER July 15, 2002
135
Review by a Committee of the Commission 15A NCAC 02I .0502 Adopt
Presentation to the Commission 15A NCAC 02I .0503 Adopt
Recourse to Denial of Petition 15A NCAC 02I .0504 Adopt
DENR/MARINE FISHERIES COMMISSION
Definitions 15A NCAC 03I .0101 Amend
Possession or Transportation 15A NCAC 03I .0120 Amend
Fyke or Hoop Nets 15A NCAC 03J .0111 Amend
Prohibited Shellfish 15A NCAC 03K .0101 Amend
Shellfish or Seed Management 15A NCAC 03K .0103 Amend
Permits for Planting Shellfish from Prohibited 15A NCAC 03K .0104 Amend
Depuration of Shellfish 15A NCAC 03K .0107 Amend
Marketing Oysters Taken from Private Shellfish 15A NCAC 03K .0205 Amend
Oyster Size and Harvest Limit Exemption 15A NCAC 03K .0207 Amend
Mechanical Harvest Season 15A NCAC 03K .0302 Amend
Snapper Grouper 15A NCAC 03M .0506 Amend
Bluefish 15A NCAC 03M .0511 Amend
Standards for Shellfish Bottom and Water Column 15A NCAC 03O .0201 Amend
Cancellation 15A NCAC 03O .0208 Amend
Procedures and Requirements to Obtain Permits 15A NCAC 03O .0501 Amend
DENR/SOIL AND WATER CONSERVATION COMMISSION
Purpose 15A NCAC 06H .0101 Adopt
Definitions 15A NCAC 06H .0102 Adopt
Approval of Best Management Practices (PMPs) 15A NCAC 06H .0103 Adopt
Approval of Water Quality Technical Specialists 15A NCAC 06H .0104 Adopt
Application of BMP Approval and Technical Special 15A NCAC 06H .0105 Adopt
DENR/COMMISSION FOR HEALTH SERVICES
STDS for the MGMT of Specific HW/Types HWM Facility 15A NCAC 13A .0111 Amend
Definitions 15A NCAC 13A .1801 Amend
OCCUPATIONAL LICENSING BOARDS/NC BOARD OF NURSING
License By Examination 21 NCAC 36 .0211 Amend
Licensure Without Examination (By Endorsement) 21 NCAC 36 .0218 Amend
NC STATE BOARD OF COMMUNITY COLLEGES
Education Services for Minors 23 NCAC 02C .0305 Amend
Fee Waivers for the Human Resources 23 NCAC 02D .0319 Amend
Budget FTE Funding 23 NCAC 02D .0326 Amend
Program Classification 23 NCAC 02E .0101 Amend
Work Station Occupational Skills Training 23 NCAC 02E .0402 Amend
Instruction to Captive or Co-Opted Groups 23 NCAC 02E .0403 Amend
Assistance for Economic Development 23 NCAC 02E .0404 Adopt
AGENDA
RULES REVIEW COMMISSION
July 18, 2002
I. Call to Order and Opening Remarks
II. Review of minutes of last meeting
III. Follow Up Matters
A. DHHS/Commission for MH/DD/SAS – 10 NCAC 14J .0206 Objection 04/18/02 (Bryan)
B. NC Medical Board – 21 NCAC 32B .0101; .0104; .0105; .0106 Objection 04/18/02 (Bryan)
C. NC Medical Board – 21 NCAC 32M .0112 Objection 04/18/02 (Bryan)
IV. Commission Business
V. Next meeting:
CONTESTED CASE DECISIONS
17:02 NORTH CAROLINA REGISTER July 15, 2002
136
This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to
all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of
Administrative Hearings, (919) 733-2698. Also, the Contested Case Decisions are available on the Internet at the following
address: http://www.ncoah.com/hearings.
OFFICE OF ADMINISTRATIVE HEARINGS
Chief Administrative Law Judge
JULIAN MANN, III
Senior Administrative Law Judge
FRED G. MORRISON JR.
ADMINISTRATIVE LAW JUDGES
Sammie Chess Jr. James L. Conner, II
Beecher R. Gray Beryl E. Wade
Melissa Owens Lassiter A. B. Elkins II
CASE DATE OF PUBLISHED DECISION
AGENCY NUMBER ALJ DECISION REGISTER CITATION
ALCOHOL BEVERAGE CONTROL COMMISSION
NC ABC Commission v. Acme Retail, Inc. T/A Handy Pantry 01 ABC 1325 Chess 05/21/02
CRIME CONTROL AND PUBLIC SAFETY
Hattie Holt v. NC Crime Victims Compensation Commission 00 CPS 1067 Conner 05/30/02
Linda Hawley v. NC Crime Victims Compensation Commission 02 CPS 0121 Conner 06/14/02
HEALTH AND HUMAN SERVICES
Adam Syare v. NCDHHS, Div. of MH/DD/SAS, Southeastern 01 DHR 2352 Conner 06/21/02
Regional Mental Health Center
Sarah D. Freeman & Tony J. Freeman v. Guilford Co. Mental Health, 02 DHR 0083 Chess 06/07/02
The Guilford Center
Unieca Richardson v. NC DHHS, Division of Facility Services 02 DHR 0286 Chess 06/17/02
Hazel Chea v. Department of Health & Human Services 02 DHR 0795 Mann 06/11/02
JUSTICE
Alarm Systems Licensing Board
Seth Paul Barham v. Alarm System Licensing Board 02 DOJ 0552 Gray 06/12/02
Christopher Michael McVicker v. Alarm Systems Licensing Board 02 DOJ 0731 Gray 06/07/02
Private Protective Services Board
Anthony Davon Webster v. Private Protective Services Board 01 DOJ 1857 Gray 06/07/02
Orlando Carmichael Wall v. Private Protective Services Board 02 DOJ 0729 Gray 06/18/02
Randall G. Bryson v. Private Protective Services Board 02 DOJ 0730 Gray 06/07/02
Sheriffs' Education & Training Standards Commission
Frances Sherene Hayes v. Criminal Justice & Training Stds. Comm. 02 DOJ 0171 Mann 06/04/02
ENVIRONMENT AND NATURAL RESOURCES
Bipin B Patel Rajan, Inc. v. NC DENR, Div. of Waste Management 02 EHR 0244 Gray 06/05/02
J.L. Hope & wife, Ruth B. Hope v. NC DENR 02 EHR 0395 Mann 06/10/02
ENGINEERS AND LAND SURVEYORS
NC Bd. of Examiners for Engineers & Surveyors v. C Phil Wagoner 01 ELS 0078 Lewis 06/05/02
OFFICE OF STATE PERSONNEL
Andre Foster v. Winston-Salem State University 00 OSP 12161 Mann 06/03/02 17:01 NCR 93
J Louise Roseborough v. Wm F. Scarlett, Dir. of Cumberland 01 OSP 0734 Morgan 06/06/02
County Department of Social Services
Andre Foster v. Winston-Salem State University 01 OSP 13881 Mann 06/03/02 17:01 NCR 93
Wayne G. Whisemant v. Foothills Area Authority 01 OSP 1612 Elkins 05/30/02 17:01 NCR 103
Joseph Kevin McKenzie v. NC DOC, Lavee Hamer (Gen. Counsel 01 OSP 2241 Mann 06/05/02
to the Section)
Mark Wayne Faircloth v. NC Forest Service 01 OSP 2374 Conner 06/20/02
Susan Luke aka Susan Luke Young v. Gaston-Lincoln-Cleveland 02 OSP 0140 Conner 06/06/02
Area Mental Health "Pathways"
1 Combined Cases
CONTESTED CASE DECISIONS
17:02 NORTH CAROLINA REGISTER July 15, 2002
137
Mark P. Gibbons v. NC Department of Transportation 02 OSP 0147 Conner 06/14/02
Cathy L. White v. NC Department of Corrections 02 OSP 0246 Elkins 05/31/02
Doris J. Berry v. NC Department of Transportation 02 OSP 0247 Elkins 06/17/02
Darrell Glenn Fender v. Avery/Mitchell Correctional Institution 02 OSP 0290 Mann 06/14/02
Alber L. Scott v. UNC General Administration 02 OSP 0336 Elkins 06/10/02
Alber L. Scott v. UNC General Administration 02 OSP 0498 Elkins 06/10/02
SUBSTANCE ABUSE PROFESSIONAL BOARD
NC Substance Abuse Professional Certification Board v. Lynn 00 SAP 1573 Chess 05/10/02
Cameron Gladden
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| Rating | |
| Title | North Carolina register |
| Date | 2002-07-15 |
| Description | Volume 17, Issue 2, (Juy 15, 2002) |
| Digital Characteristics-A | 166 KB; 29 p. |
| Digital Format |
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| Full Text | NORTH CAROLINA REGISTER Volume 17, Issue 2 Pages 113 - 137 July 15, 2002 This issue contains documents officially filed through June 21, 2002. Office of Administrative Hearings Rules Division 424 North Blount Street (27601) 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 733-2678 FAX (919) 733-3462 Julian Mann III, Director Camille Winston, Deputy Director Molly Masich, Director of APA Services Ruby Creech, Publications Coordinator Linda Dupree, Editorial Assistant Dana Sholes, Editorial Assistant Rhonda Wright, Editorial Assistant IN THIS ISSUE I. IN ADDITION ENR – Intent to Redevelop a Brownsfields Property – Asheville Commons, LLC .....................113 ENR – Intent to Redevelop a Brownsfields Property – Town of Huntersville ..............................114 II. RULE-MAKING PROCEEDINGS Insurance NC Building Code Council.......................................115 Justice Private Protective Services Board ...........................116 Licensing Boards Appraisal Board ..........................................................118 Dental Examiners, Board of .....................................116 - 117 General Contractors, Licensing Board ....................116 Pharmacy, Board of....................................................117 Plumbing, Heating & Fire Sprinkler Contractors .117 - 118 Real Estate Commission............................................118 Substance Abuse Professionals Certification Bd..119 III. PROPOSED RULES Environment and Natural Resources Health Services, Commission for............................128 - 129 Health and Human Services Mental Health, Developmental Disabilities And Substance Abuse Services ..........................120 - 128 Licensing Boards Physical Therapy Examiners, Board of ..................131 - 133 Transportation Highways, Division of...............................................129 - 131 IV. RULES REVIEW COMMISSION..........................134 - 135 V. CONTESTED CASE DECISIONS Index to ALJ Decisions.................................................136 - 137 VI. CUMULATIVE INDEX .............................................1 - 53 North Carolina Register is published semi-monthly for $195 per year by the Office of Administrative Hearings, 424 North Blount Street, Raleigh, NC 27601. North Carolina Register (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh, NC. POSTMASTER: Send Address changes to the North Carolina Register, 6714 Mail Service Center, Raleigh, NC 27699-6714. NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive branch of government has been assigned a title number. Titles are further broken down into chapters which shall be numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when appropriate. TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE TITLE DEPARTMENT LICENSING BOARDS CHAPTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14A 15A 16 17 18 19A 20 *21 22 23 24 25 26 27 28 Administration Agriculture Auditor Commerce Correction Council of State Cultural Resources Elections Governor Health and Human Services Insurance Justice Labor Crime Control & Public Safety Environment and Natural Resources Public Education Revenue Secretary of State Transportation Treasurer Occupational Licensing Boards Administrative Procedures (Repealed) Community Colleges Independent Agencies State Personnel Administrative Hearings NC State Bar Juvenile Justice and Delinquency Prevention Acupuncture Architecture Athletic Trainer Examiners Auctioneers Barber Examiners Certified Public Accountant Examiners Chiropractic Examiners Employee Assistance Professionals General Contractors Cosmetic Art Examiners Dental Examiners Dietetics/Nutrition Electrical Contractors Electrolysis Foresters Geologists Hearing Aid Dealers and Fitters Landscape Architects Landscape Contractors Massage & Bodywork Therapy Marital and Family Therapy Medical Examiners Midwifery Joint Committee Mortuary Science Nursing Nursing Home Administrators Occupational Therapists Opticians Optometry Osteopathic Examination & Reg. (Repealed) Pastoral Counselors, Fee-Based Practicing Pharmacy Physical Therapy Examiners Plumbing, Heating & Fire Sprinkler Contractors Podiatry Examiners Professional Counselors Psychology Board Professional Engineers & Land Surveyors Real Estate Appraisal Board Real Estate Commission Refrigeration Examiners Respiratory Care Board Sanitarian Examiners Social Work Certification Soil Scientists Speech & Language Pathologists & Audiologists Substance Abuse Professionals Therapeutic Recreation Certification Veterinary Medical Board 1 2 3 4 6 8 10 11 12 14 16 17 18 19 20 21 22 26 28 30 31 32 33 34 36 37 38 40 42 44 45 46 48 50 52 53 54 56 57 58 60 61 62 63 69 64 68 65 66 Note: Title 21 contains the chapters of the various occupational licensing boards. NORTH CAROLINA REGISTER Publication Schedule for January 2002 – December 2002 Filing Deadlines Notice of Rule-Making Proceedings Notice of Text Temporary Rule volume & issue number issue date last day for filing earliest register issue for publication of text earliest date for public hearing end of required comment period deadline to submit to RRC for review at next meeting first legislative day of the next regular session end of required comment period deadline to submit to RRC for review at next meeting first legislative day of the next regular session 270th day from issue date 16:13 01/02/02 12/06/01 03/15/02 01/17/02 02/01/02 02/20/02 05/28/02 03/04/02 03/20/02 05/28/02 09/29/02 16:14 01/15/02 12/19/01 04/01/02 01/30/02 02/14/02 02/20/02 05/28/02 03/18/02 03/20/02 05/28/02 10/12/02 16:15 02/01/02 01/10/02 04/15/02 02/16/02 03/04/02 03/20/02 05/28/02 04/02/02 04/22/02 01/29/03 10/29/02 16:16 02/15/02 01/25/02 05/01/02 03/02/02 03/18/02 03/20/02 05/28/02 04/16/02 04/22/02 01/29/03 11/12/02 16:17 03/01/02 02/08/02 05/01/02 03/16/02 04/01/02 04/22/02 01/29/03 04/30/02 05/20/02 01/29/03 11/26/02 16:18 03/15/02 02/22/02 05/15/02 03/30/02 04/15/02 04/22/02 01/29/03 05/14/02 05/20/02 01/29/03 12/10/02 16:19 04/01/02 03/08/02 06/03/02 04/16/02 05/01/02 05/20/02 01/29/03 05/31/02 06/20/02 01/29/03 12/27/02 16:20 04/15/02 03/22/02 06/17/02 04/30/02 05/15/02 05/20/02 01/29/03 06/14/02 06/20/02 01/29/03 01/10/03 16:21 05/01/02 04/10/02 07/01/02 05/16/02 05/31/02 06/20/02 01/29/03 07/01/02 07/22/02 01/29/03 01/26/03 16:22 05/15/02 04/24/02 07/15/02 05/30/02 06/14/02 06/20/02 01/29/03 07/15/02 07/22/02 01/29/03 02/09/03 16:23 06/03/02 05/10/02 08/15/02 06/18/02 07/03/02 07/22/02 01/29/03 08/02/02 08/20/02 01/29/03 02/28/03 16:24 06/17/02 05/24/02 09/03/02 07/02/02 07/17/02 07/22/02 01/29/03 08/16/02 08/20/02 01/29/03 03/14/03 17:01 07/01/02 06/10/02 09/03/02 07/16/02 07/31/02 08/20/02 01/29/03 08/30/02 09/20/02 01/29/03 03/28/03 17:02 07/15/02 06/21/02 09/16/02 07/30/02 08/14/02 08/20/02 01/29/03 09/13/02 09/20/02 01/29/03 04/11/03 17:03 08/01/02 07/11/02 10/01/02 08/16/02 09/03/02 09/20/02 01/29/03 09/30/02 10/21/02 01/29/03 04/28/03 17:04 08/15/02 07/25/02 10/15/02 08/30/02 09/16/02 09/20/02 01/29/03 10/14/02 10/21/02 01/29/03 05/12/03 17:05 09/03/02 08/12/02 11/15/02 09/18/02 10/03/02 10/21/02 01/29/03 11/04/02 11/20/02 01/29/03 05/31/03 17:06 09/16/02 08/30/02 11/15/02 10/01/02 10/16/02 10/21/02 01/29/03 11/15/02 11/20/02 01/29/03 06/13/03 17:07 10/01/02 09/10/02 12/02/02 10/16/02 10/31/02 11/20/02 01/29/03 12/02/02 12/20/02 05/00/04 06/28/03 17:08 10/15/02 09/24/02 12/16/02 10/30/02 11/14/02 11/20/02 01/29/03 12/16/02 12/20/02 05/00/04 07/12/03 17:09 11/01/02 10/11/02 01/02/03 11/16/02 12/02/02 12/20/02 05/00/04 12/31/02 01/21/03 05/00/04 07/29/03 17:10 11/15/02 10/25/02 01/15/03 11/30/02 12/16/02 12/20/02 05/00/04 01/14/03 01/21/03 05/00/04 08/12/03 17:11 12/02/02 11/06/02 02/03/03 12/17/02 01/02/03 01/21/03 05/00/04 01/31/03 02/20/03 05/00/04 08/29/03 17:12 12/16/02 11/21/02 02/17/03 12/31/02 01/15/03 01/21/03 05/00/04 02/14/03 02/20/03 05/00/04 09/12/03 non-substantial economic impact substantial economic impact EXPLANATION OF THE PUBLICATION SCHEDULE This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling. Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6. GENERAL The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency: (1) temporary rules; (2) notices of rule-making proceedings; (3) text of proposed rules; (4) text of permanent rules approved by the Rules Review Commission; (5) notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165; (6) Executive Orders of the Governor; (7) final decision letters from the U.S. Attorney General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of the Voting Rights Act of 1965, as required by G.S. 120-30.9H; (8) orders of the Tax Review Board issued under G.S. 105-241.2; and (9) other information the Codifier of Rules determines to be helpful to the public. COMPUTING TIME: In computing time in the schedule, the day of publication of the North Carolina Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or State holiday. FILING DEADLINES ISSUE DATE: The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for State employees. LAST DAY FOR FILING: The last day for filing for any issue is 15 days before the issue date excluding Saturdays, Sundays, and holidays for State employees. NOTICE OF RULE-MAKING PROCEEDINGS END OF COMMENT PERIOD TO A NOTICE OF RULE-MAKING PROCEEDINGS: This date is 60 days from the issue date. An agency shall accept comments on the notice of rule-making proceeding until the text of the proposed rules is published, and the text of the proposed rule shall not be published until at least 60 days after the notice of rule-making proceedings was published. EARLIEST REGISTER ISSUE FOR PUBLICATION OF TEXT: The date of the next issue following the end of the comment period. NOTICE OF TEXT EARLIEST DATE FOR PUBLIC HEARING: The hearing date shall be at least 15 days after the date a notice of the hearing is published. END OF REQUIRED COMMENT PERIOD (1) RULE WITH NON-SUBSTANTIAL ECONOMIC IMPACT: An agency shall accept comments on the text of a proposed rule for at least 30 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer. (2) RULE WITH SUBSTANTIAL ECONOMIC IMPACT: An agency shall accept comments on the text of a proposed rule published in the Register and that has a substantial economic impact requiring a fiscal note under G.S. 150B-21.4(b1) for at least 60 days after publication or until the date of any public hearing held on the rule, whichever is longer. DEADLINE TO SUBMIT TO THE RULES REVIEW COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a mo nth 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 17:02 NORTH CAROLINA REGISTER July 15, 2002 113 This Section contains public notices that are required to be published in the Register or have been approved by the Codifier of Rules for publication. SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY ASHEVILLE COMMONS, LLC Pursuant to N.C.G.S. 130A-310.34, Asheville Commons, LLC has filed with the North Carolina Department of Environmental and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Notice of Intent") in Asheville, Buncombe County, North Carolina. The Brownfields Property ("Property") consists of 7.4 acres and is located at 105 Fairview Road. Environmental Contamination exists on the Property in subsurface soil and groundwater. Asheville Commons, LLC has committed itself to using the land only for warehousing, office and/or light industrial purposes. Pursuant to proposed land use restrictions, only those uses will be permitted. Residential, recreational and groundwater use, and child day care facilities and construction of basements, will be prohibited; and certain excavations will be subject to DENR conditions. The Notice of Intent includes: (1) a proposed Brownfields Agreement between DENR and Asheville Commons, LLC, which in turn includes (a) a legal description of the Property, (b) a map showing the location of the Property, (c) a description of the contaminants involved and their concentrations in the media of the Property, (d) the above-stated description of the intended future use of the Property, and (e) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A- 310.35. The full Notice of Intent may be reviewed at the Register of Deeds' Office, Buncombe County Courthouse, 60 Court Plaza, Asheville, NC by contacting Mr. Otto W. DeBruhl, Register of Deeds, at (828) 250-4300 or at 501 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at scott.ross@ncmail.net, or at (919) 733-2802, ext. 328. Written public comments may be submitted to DENR within 60 days of the date of this Summary of Notice of Intent to Redevelop a Brownfields Property ("Notice"). Written requests for a public meeting may be submitted to DENR within 30 days of the date of this Notice. All such comments and requests should be addressed as follows: Mr. Bruce Nicholson Head, Special Remediation Branch Superfund Section Division of Waste Management NC Department of Environmental and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 IN ADDITION 17:02 NORTH CAROLINA REGISTER July 15, 2002 114 SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY TOWN OF HUNTERSVILLE Pursuant to G.S 130A -310.34, the Town of Huntersville has filed with the North Carolina Department of Environment and Natural Resources ("DENR") a Notice of Intent to Redevelop a Brownfields Property ("Property") it owns in Huntersville, Mecklenburg County, North Carolina. The Property consists of approximately 32 acres and is located at 404 North Church Street. Environmental contamination exists on the Property in soil and groundwater. The Town of Huntersville intends, through either a public-private partnership or the sale of the Property to a third party developer, to effect the redevelopment of the Property as a mixed-use transit village containing single- and multi-family residential and commercial office and retail space. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DENR and the Town of Huntersville, which in turn includes (a) a legal description of the Property, (b) a map showing the location of the Property, (c) a description of the contaminants involved and their concentrations in the media of the Property, (d) the above-stated description of the intended future use of the Property, and (e) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with G.S. 130A-310.35. The full Notice of Intent to Redevelop a Brownfields Property ("Notice of Intent") may be reviewed at the offices of the Town of Huntersville, 101 Huntersville-Concord Road, Huntersville, NC 28070, by contacting Janet Pierson, Town Clerk, at that address or at (704) 875-6541, or at 401 Oberlin Rd., Raleigh, NC 27605 by contacting Scott Ross at that address, at scott.ross@ncmail.net, or at (919) 733-2801, ext. 328. Written public comments may be submitted to DENR within 60 days after the Notice of Intent is published in the North Carolina Register or in this newspaper, whichever is later. Written requests for a public meeting may be submitted to DENR within 30 days after the public comment period begins. All such comments and requests should be addressed as follows: Mr. Bruce Nicholson Head, Special Remediation Branch Superfund Section Division of Waste Management NC Department of Environment and Natural Resources 401 Oberlin Road, Suite 150 Raleigh, North Carolina 27605 RULE-MAKING PROCEEDINGS 17:02 NORTH CAROLINA REGISTER July 15, 2002 115 A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. TITLE 11 – DEPARTMENT OF INSURANCE NORTH CAROLINA BUILDING CODE COUNCIL NOTICE OF RULE-MAKING PROCEEDINGS AND PUBLIC HEARING Notice of Rule-making Proceedings is hereby given by the N.C. Building Code Council in accordance with G.S. 150B-21.5(d). Citation to Existing Rule Affected by this Rule-making: North Carolina Building Code; North Carolina Plumbing Code; and North Carolina Residential Code. Authority for the Rule-making: G.S. 143-136; 143-138 Reason for Proposed Action: To incorporate changes in the NC Building code as a result of rulemaking petitions filed with the NC Building Code Council and incorporate changes proposed by the Council. Public Hearing: September 9, 2002, 1:00 p.m., Wake County Commons, 4011 Carya Drive, Raleigh, N.C. Comment Procedures: Written comments may be sent to Wanda Edwards, Secretary, N.C. Building Code Council, c/o NC Department of Insurance, 410 N. Boylan Avenue, Raleigh, NC 27603. Comment period expires on September 9, 2002. Statement of the Subject Matter: 1. REVISE SECTION 302.3.3, EXCEPTION 2, OF THE NORTH CAROLINA BUILDING CODE AS FOLLOWS: The private garages in Group R-3 shall be separated from the residence and its attic area by means of minimum ½ inch (12.7 mm) gypsum board applies to the garage side. Door openings between the garage and the residence shall be equipped with either solid wood doors not less than 1-3/8 inches (35 mm) thick, solid or honeycomb core steel doors not less than 1-3/8 inches (35 mm) thick or doors in compliance with Section 714.2.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. 2. REVISE SECTION 903.2.1.3 OF THE NORTH CAROLINA BUILDING CODE AS FOLLOWS: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area exceeds 12,000 square feet (1115 m2). 2. The fire area has an occupant load of 300 or more. Exceptions: (1) This requirement shall not apply to assembly occupancies used primarily for worship with fixed seating and part of a separated use. (2) This requirement shall not apply to assembly occupancies consisting of a single multipurpose room that are not used for exhibition or display and are part of a separated use. 3. The fire area is located on a floor other than the level of exit discharge. 3. REVISE SECTION 419 AND 425 OF THE NORTH CAROLINA PLUMBING CODE AS FOLLOWS: 419.1 Approval. Urinals shall conform to ASME 112.19.2, CSA B45.1 or CSA B45.5. Urinals shall conform to the water consumption requirements of Section 604.4. Urinals shall conform to the hydraulic performance requirements of ASME 112.19.6, CSA B45.1 or CSA B45.5. Urinals that do not use water shall be permitted provided the urinals (1) provide a barrier liquid sealant contained in a removable trap to maintain the trap seal; (2) permit the uninhibited flow of water through the trap to the sanitary drainage system; (3) comp ly with ANSI Z124.9 and ASME 112.19.2, as applicable, 425. Flushing devices required. Each water closet, urinal, clinical sink, and any plumbing fixture that depends on trap siphonage to discharge the fixture contents to the drainage system shall be provided with a flushometer valve, flushometer tank or a flush tank designed and installed to supply water in quantity and rate of flow to flush the contents of the fixture, cleanse the fixture, and refill the fixture trap. A flushometer valve, flush tank, or similar device shall not be required for urinal fixtures that comply with the waterless test requirements of ANSI Z124.9 and which: (1) provide a barrier liquid sealant contained in a removable trap to maintain the trap seal; (2) permit the uninhibited flow of water through the trap to the sanitary drainage system; (3) comply with ANSI Z124.9 and ASME 112.19.2 as applicable, and 4. BUILDING CODE Include windborne debris protection for structures within 1500 feet of the mean high water mark of the Atlantic Ocean, as printed in Section 1609.1.4, Table 1609.1.4 and Section 1609.2 of the 2000 International Building Code. 5. RESIDENTIAL CODE Include windborne debris protection for structures within 1500 feet of the mean high water mark of the Atlantic Ocean, as printed in Section R301.2.1.2, Table R301.2.1.2 and Sections R613.4 and R613.7 of the 2000 International Residential Code. RULE-MAKING PROCEEDINGS 17:02 NORTH CAROLINA REGISTER July 15, 2002 116 TITLE 12 – DEPARTMENT OF JUSTICE CHAPTER 07 – PRIVATE PROTECTIVE SERVICES Notice of Rule-making Proceedings is hereby given by NC Private Protective Services Board in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 12 NCAC 07D .0807, .0809. Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: 74C-5(2) Statement of the Subject Matter: The rules address the training requirements for armed security officers, as well as the weapons and ammunition that are used. Reason for Proposed Action: The amendments will re-define "duty weapon" and "duty ammunition". Comment Procedures: Comments may be submitted to W. Wayne Woodard, Private Protective Services Board, 1631 Midtown Place, Suite 104, Raleigh, NC 27609. TITLE 21 – OCCUPATIONAL LICENSING BOARDS CHAPTER 12 - LICENSING BOARD FOR GENERAL CONTRACTORS Notice of Rule-making Proceedings is hereby given by the North Carolina Licensing Board for General Contractors in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 12 .0202, .0503, .0701, .0703 - Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 25-3-50; 87-1; 87-10; 87-11; 150B-3; 150B-38 Statement of the Subject Matter: Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Licensing Board for General Contractors (Board) will consider adopting rules, repealing rules, or amending rules addressing licensure classifications, renewal of licenses, improper practice, and penalty for submittal of a bad check. Reason for Proposed Action: To amend licensure classifications; require an audited financial statement for renewal while licensee is in bankruptcy; amend notice requirements for charges of improper practice once a charge is referred to the review committee; and clarify that when a license renewal fee is paid by a check which is subsequently returned to the Board because of insufficient funds, the license renewal is treated as never having been renewed of certified funds will be required for subsequent license renewal. Comment Procedures: Written comments may be submitted on the subject matter of the proposed rulemaking to Mark D. Selph, NC Licensing Board for General Contractors, PO Box 17187, Raleigh, NC 27619. * * * * * * * * * * * * * * * * * * * * CHAPTER 16 – BOARD OF DENTAL EXAMINERS Notice of Rule-making Proceedings is hereby given by the North Carolina State Board of Dental Examiners in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 16B .0304-.0305, .0315; 16C .0101-.0102, .0202-.0203, .0301-.0310; 16E .0101; 16I .0101-.0102, .0106-.0107; 16M .0101-.0102; 16P .0101-.0105; 16R .0101-.0105 - Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 90-28; 90-30; 90-31.1; 90-36; 90-39; 90-41; 90-48; 90-222; 90-223; 90-224; 90-224.1; 90-226; 90-227; 90-232; 150B-19(5). Statement of the Subject Matter: Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Pharmacy (Board) will consider adopting rules, repealing rules, or amending rules addressing requirements for applicants for dental licensure; time for filing applications for dental licensure; reexamination for dental and dental hygienist licensure; licensure examinations for dental hygienists; eligibility requirements for a dental hygienist provisional license; annual renewal of dental hygienist license; fees payable by dentists and dental hygienists; advertisement of dental services; annual renewal of dental license; instructor license; reporting of substance abuse or other issues involving fitness to practice; nonprofit and teaching facilities; election of Board members; licensure by credentials for dentists and dental hygienists; and continuing education requirements for dentists and dental hygienists. Reason for Proposed Action: To revise requirements for application for dental licensure and for renewal of dental license; to revise requirements for application for dental hygienist licensure and for renewal of dental hygienist license; to revise requirements for reexamination for dental and dental hygienist licensure; to revise eligibility requirements for dental hygienist provisional licensure; to revise continuing education requirements for dentists and dental hygienists; to set out requirements for an instructors license; to revise rules for advertisement of dental services; to set out requirements for reporting substance abuse issues or other issues involving fitness to practice; to increase certain fees for dentists and dental hygienists; to define and set out requirements for RULE-MAKING PROCEEDINGS 17:02 NORTH CAROLINA REGISTER July 15, 2002 117 nonprofit and teaching facilities; to adopt rules governing the election of Board members; to set out requirements for licensure by credentials for dentists and dental hygienists; and to set out a reexamination fee for dentists and dental hygienists. Comment Procedures: Written comments may be submitted on the subject matter of the proposed rulemaking to Lisa Thompson, North Carolina State Board of Dental Examiners, 15100 Weston Parkway, Suite 101, Cary, NC 27513. * * * * * * * * * * * * * * * * * * * * CHAPTER 46 – BOARD OF PHARMACY Notice of Rule-making Proceedings is hereby given by North Carolina Board of Pharmacy in accordance with G.S. 150B- 21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 46 .1414, .1505, .1601-.1602, .1606-.1608, .1801, .1808, .1812, .2107, .2109, .2502, .2504, .2801, .2803-.2805, .2808, .3201 - Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 90-18.1; 90-18.2; 90- 85.3; 90-85.6; 90-85.7; 90-85.15; 90-85.15A; 90-85.16; 90- 85.20; 90-85.21; 90-85.21A; 90-85.22; 90-85.25; 90-85.26; 90- 85.28; 90-85.29; 90-85.30; 90-85.32; 90-85.33; 42 U.S.C. 1396r-8(g) Statement of the Subject Matter: Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Pharmacy (Board) will consider adopting rules, repealing rules, or amending rules addressing responsibilities of pharmacist-manager, drug distribution and control, casting and counting ballots, right to refuse a prescription, examination for licensure, pharmacy permits, license by reciprocity, out-of-state pharmacies, patient counseling, repackaged pharmaceuticals, sterile pharmaceuticals, pharmacies dispensing sterile pharmaceuticals, pharmaceutical labeling requirements, quality assurance programs, administration of immunizations by pharmacists, device and medical equipment subcommittee, representatives, pharmacy technicians, personal appearance requirement, changes in prescription orders, and device and medical equipment permits. Reason for Proposed Action: To revise requirements for pharmacist-manager; to revise requirements for drug distribution and control in hospitals and other health care facilities; to clarify requirements for casting and counting of ballots; to specify when a pharmacist may refuse to fill or refill a prescription order; to set out requirements prior to issuance of a license when certain deficiencies are demonstrated on the examination for licensure; to revise requirements for pharmacy permit applicants and pharmacy permit holders; to revise requirements for applicants for license by reciprocity, to revise requirements for out-of-state pharmacies; to revise requirements for patient counseling, to revise requirements for repackaged pharmaceuticals; to delete term "parenteral" from "sterile parenteral pharmaceuticals" and to revise requirements for permit holders dispensing sterile pharmaceuticals; to set out requirements for administration of immunization by pharmacists; to set out requirements for election of representatives to the Device and Medical Equipment Subcommittee; to set out requirements for registration of pharmacy technicians; to revise personal appearance requirements; to revise requirements for requesting changes in prescription orders; and to revise requirements for device and medical equipment permit holders. Comment Procedures: Written comments may be submitted on the subject matter of the proposed rulemaking to David R. Work, Executive Director, P.O. Box 459, Carrboro, NC 27510-0459. * * * * * * * * * * * * * * * * * * * * CHAPTER 50 - BOARD OF EXAMINERS OF PLUMBING, HEATING AND FIRE SPRINKLER CONTRACTORS Notice of Rule-making Proceedings is hereby given by Board of Examiners of Plumbing, Heating, & Fire Sprinkler Contractors in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 50 .0301, .0306, .0506, .1101, .1401-.1402, .1404-.1405, .1408-.1409. Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 87-18 Statement of the Subject Matter: Modifications of continuing education rules relative to credit for approved and non-approved courses, handling of courses on Building Code amendments, elimination of block Code course requirements, mechanisms for elimination of course approval, limited license for residential fire sprinkler systems or industrial or health care system testing and maintenance, licensure requirements for water heater replacements, administration of examination in parts; experience required prior to examination and fees for examination. Reason for Proposed Action: Questions have been raised as to the required block of time required for continuing education on periodic changes in the Building Code, partly on account of Insurance Department difficulty and timing for adoption of the Code as a Rule. Clarification also appears needed as to course approval and handling of courses where teachers fail to comply. Segments of industry have raised questions as to the creation of limited license or requirements of license for residential fire sprinkler systems, testing and service of rest home, nursing home or industrial fire sprinkler systems and water heater replacements. With respect to examinations, issues have been raised as to examination in parts, components of experience prerequisite to examination and the cost of examinations. RULE-MAKING PROCEEDINGS 17:02 NORTH CAROLINA REGISTER July 15, 2002 118 Comment Procedures: Comments may be submitted in writing to the Board addressed to Rulemaking Coordinator at State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors at 1109 Dresser Court, Raleigh, NC 27609 with a copy to Board counsel addressed to John N. Fountain, Young Moore and Henderson, PO Box 31627, Raleigh, NC 27622. Comments must be received by 5:00 p.m. on August 14, 2002. * * * * * * * * * * * * * * * * * * * * CHAPTER 57 - REAL ESTATE APPRAISAL BOARD Notice of Rule-making Proceedings is hereby given by the North Carolina Appraisal Board in accordance with G.S. 150B- 21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 57A .0204-.0210, .0301-.0304, .0306, .0401-.0407; 57B .0101-.0104, .0201-.0212, .0301-.0307, .0401-.0403, .0501- .0503, .0601-.0607; 57C .0102 - Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 93E-1-10 Statement of the Subject Matter: A review of the existing rules indicates a need for technical and clerical changes. Reason for Proposed Action: The Appraisal Board did a comprehensive review of its rules in 2001. In implementing these new rules, a few areas have been identified that should have been changed at that time. Comment Procedures: Written comments should be directed to M.L. Black, Executive Director, North Carolina Appraisal Board, PO Box 20500, Raleigh, NC 27619-0500. * * * * * * * * * * * * * * * * * * * * CHAPTER 58 – REAL ESTATE COMMISSION Notice of Rule-making Proceedings is hereby given by NC Real Estate Commission in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 58A .0107; .0110; .0113, .0302, .0501-.0502, .0505- .0506; 58C .0603; 58E .0102, .0203, .0304. Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 93A-2; 93A-2(b); 93A-3; 93A-3(c); 93A-6(a)(10); 93A-6(b)(2); 93A-4; 93A-4(a),(b),(c), (d); 93A-4A; 93A-33; 93A-34 Statement of the Subject Matter: 21 NCAC 58A .0107 – Handling and Accounting of Funds 21 NCAC 58A .0110 – Broker-In-Charge 21 NCAC 58A .0113 – Reporting Criminal Convictions 21 NCAC 58A .0302 – Filing and Fees 21 NCAC 58A .0501 - Character 21 NCAC 58A .0502 – Business Entities 21 NCAC 58A .0505 – Reinstatement of Expired License, Revoked, Surrendered or Suspended License 21 NCAC 58A .0506 – Salesperson to be Supervised by Broker 21 NCAC 58C .0603 – Application and Criteria for Original Approval 21 NCAC 58E .0102 – Update Course Component 21 NCAC 58E .0203 – Application and Criteria for Original Approval 21 NCAC 58E .0304 – Criteria for Elective Course Approval Reason for Proposed Action: 21 NCAC 58A. 0107 - amend to eliminate the requirement that trust account software print "subsidiary ledger sheets" for vacation rentals. Instead, the rule would stipulate exactly what information the software needs to be able to supply to the Commission in the event of an audit. 21 NCAC 58A. 0113 - amend to clarify that licensees must report disciplinary actions as well as criminal convictions within 60 days. 21 NCAC 58A. 0302 - amend to prevent an individual who has filed for licensure as a real estate salesperson from applying for licensure as a real estate broker during the pendency of the salesperson license application. 21 NCAC 58A. 0501 - repeal since the passage of A.0616 governing character issues made this rule obsolete. 21 NCAC 58A. 0502; .0110; .0506 - amend to place on the principal broker of a firm the duty to secure and preserve the records of any of the firm's offices which close or which change their Broker-In-Charge. Also, consider requiring the principal broker to examine the trust account for irregularities upon either of these triggering events and to report problems to the Commission promptly. Finally, consider amending the text concerning the information gathered for the processing of firm license applications. 21 NCAC 58A. 0505 - amend to change the window for reinstating an expired license from 12 months to 6 months. Also, consider removing the reference to the "late filing fee." 21 NCAC 58C. 0603 - amend to prescribe conditions for submission of a videotape depicting teaching skills by a prelicensing instructor applicant when the applicant is submitting a videotape after having been previously found not to possess satisfactory teaching skills based on a review of a previously submitted videotape. 21 NCAC 58E. 0102; .0203; .0304 - amend to require that elective and update course instructors who provide study materials on electronic media provide a paper copy of these materials for their students as well. Amend to require that videotapes provided by update course instructor applicants be made within the previous year. The rule currently requires that tapes be made within the previous three years. Comment Procedures: Written comments regarding the proposed rule-making action may be submitted to Pamela Millward, NC Real Estate Commission, PO Box 17100, Raleigh, NC 27619 or to pamela@ncrec.state.nc.us. * * * * * * * * * * * * * * * * * * * * RULE-MAKING PROCEEDINGS 17:02 NORTH CAROLINA REGISTER July 15, 2002 119 CHAPTER 68 - CERTIFICATION BOARD FOR SUBSTANCE ABUSE PROFESSIONALS Notice of Rule-making Proceedings is hereby given by NC Substance Abuse Professional Certification Board in accordance with G.S. 150B-21.2. The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt as a result of this notice of rule-making proceedings and any comments received on this notice. Citation to Existing Rule Affected by this Rule-making: 21 NCAC 68. Other rules may be proposed in the course of the rule-making process. Authority for the Rule-making: G.S. 90, Article 5C Statement of the Subject Matter: Rules governing the certification of Substance Abuse Professionals. Reason for Proposed Action: The Board will review existing rules and determine the need to adopt rules governing definitions, standards, education, and procedures for the registration and certification of Substance Abuse Professionals. Comment Procedures: Written comments should be directed to Jim Scarborough, Board Administrator, PO Box 1026, Raleigh, NC 27605. PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 120 This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B-21.2. TITLE 10 – DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice is hereby given in accordance with G.S. 150B-21.2 that the Commission for MHDDSAS intends to adopt the rules cited as 10 NCAC 14V .0203-.0204 and amend the rules cited as 10 NCAC 14G .0102; 14V .0104, .0202. Notice of Rule-making Proceedings was published in the Register on December 3, 2001. Proposed Effective Date: April 1, 2003 Public Hearing: Date: August 12, 2002 Time: 9:00 a.m. Location: Holiday Inn North, 2805 Highwoods Blvd., Raleigh, NC Reason for Proposed Action: S.L. 2000-55 rewrote G.S. 122C- 26 to amend the powers and duties of the Commission for MH/DD/SAS to include adoption of rules applicable to facilities licensed under G.S. 122C, Article 2 that established staff qualifications and personnel requirements. Comment Procedures: Written comments concerning this rulemaking action must be submitted to Cindy Kornegay, Program Accountability Section, Division of Mental Health, Developmental Disabilities and Substance Abuse Services (MH/DD/SAS), 3012 Mail Service Center, Raleigh, NC 27699- 3012, by August 16, 2002. In addition, oral presentation may be presented at the public hearing on August 12, 2002. Please contact either Cindy Kornegay or Susan Collins at 919-881- 2446, should you plan to make a presentation, or email cindy.kornegay@ncmail.net or susan.collins@ncmail.net. Fiscal Impact State Local Substantive (>$5,000,000) None CHAPTER 14 - MENTAL HEALTH: GENERAL SUBCHAPTER 14G - COMMITTEES AND PROCEDURES SECTION .0100 - PURPOSE: SCOPE: DEFINITIONS 10 NCAC 14G .0102 DEFINITIONS (a) In addition to the definitions contained in this Rule, the terms defined in G.S. 122C-3, 122C-4 and 122C-53(f) also apply to all rules in Subchapters 14G, 14H, 14I, and 14J of this Chapter. (b) As used in the rules in Subchapters 14G, 14H, 14I and 14J of this Chapter, the following terms have the meanings specified: (1) "Abuse" means the infliction of physical or mental pain or injury by other than accidental means, or unreasonable confinement, or the deprivation by an employee of services which are necessary to the mental and physical health of the client. Temporary discomfort that is part of an approved and documented treatment plan or use of a documented emergency procedure shall not be considered abuse. (2) "Associate Professional (AP)" within the DMH/DD/SAS system of care means an individual who is a: (A) graduate of a college or university with a Masters degree in a related human service field with less than one year of full-time, post-graduate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than one year of full-time, post-graduate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and supervision shall be provided by a qualified professional with the population served until the individual meets one year of experience; or (B) graduate of a college or university with a baccalaureate degree in a related human service field with less than two years of full-time, post-baccalaureate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than two years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and reviewed annually. Supervision shall be provided by a qualified professional with the population served until the individual meets two years of experience; or (C) graduate of a college or university with a baccalaureate degree in a field not related to human services with less than four years of full-time, post- PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 121 baccalaureate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than four years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and reviewed annually. Supervision shall be provided by a qualified professional with the population served until the individual meets four years of experience; or (D) a registered nurse who is licensed to practice in the State of North Carolina by the North Carolina Board of Nursing and has less than four years of full-time accumulated experience in psychiatric mental health nursing. (2)(3) "Basic necessities" means mean the essential items or substances needed to support life and health which include, but are not limited to, a nutritionally sound diet balanced during three meals per day, access to water and bathroom facilities at frequent intervals, seasonable clothing, medications to control seizures, diabetes and other like physical health conditions, and frequent access to social contacts. (3)(4) "Client record" means any record made of confidential information. (4)(5) "Clinically privileged" competent” means authorization by the State Facility Director for a qualified professional to provide specific treatment/habilitation services to clients, within well-defined limits, based on the professional's education, training, experience, competence and judgment. (5)(6) "Complaint" means an informal verbal or written expression of dissatisfaction, discontent, or protest by a client concerning a situation within the jurisdiction of the state facility. A complaint would usually but not necessarily precede a grievance. (6)(7) "Consent" means concurrence by a client or his legally responsible person following receipt of sufficient information by from the qualified professional who will administer the proposed treatment or procedure. Informed consent implies that the client or his legally responsible person was provided with sufficient information concerning proposed treatment, including both benefits and risks, in order to make an educated decision with regard to such treatment. (7)(8) "Dangerous articles or substances" means, mean, but is are not limited to, any weapon or potential weapon, heavy blunt object, sharp objects, potentially harmful chemicals, or drugs of any sort, including alcohol. (8)(9) "Deputy Director" means a member of the management staff of the Division with responsibility for the state facilities relative to a specific disability area. Such directors may include the Deputy Director of Mental Health, Deputy Director of Mental Retardation, Deputy Director of Substance Abuse, or such deputy's designee. (9)(10) "Director of Clinical Services" means Medical Director, Director of Medical Services or such person acting in the position of Director of Clinical Services, or his designee. (10)(11) "Division Director" means the Director of the Division or his designee. (11)(12) "Emergency" means a situation in a state facility in which a client is in imminent danger of causing abuse or injury to self or others, or when substantial property damage is occurring as a result of unexpected and severe forms of inappropriate behavior, and rapid intervention by the staff is needed. [See Subparagraph (b)(22) of this Rule for definition of medical emergency]. (12)(13) "Emergency surgery" means an operation or surgery performed in a medical emergency [as defined in Subparagraph (b)(22) of this Rule] where informed consent cannot be obtained from an authorized person, as specified in G.S. 90-21.13, because the delay would seriously worsen the physical condition or endanger the life of the client. (13)(14) "Exclusionary time-out" means the removal of a client to a separate area or room from which exit is not barred for the purpose of modifying behavior. (14)(15) "Exploitation" means the use of a client or his resources for another person's profit, business or advantage. "Exploitation" includes borrowing, taking or using personal property from a client with or without the client's permission. (15)(16) "Forensic Division" means the inpatient facility at Dorothea Dix Hospital which serves clients who are: (A) admitted for the purpose of evaluation for capacity to proceed to trial; (B) found not guilty by reason of insanity; (C) determined incapable of proceeding to trial; or (D) deemed to require a more secure environment to protect the health, safety and welfare of clients, staff and the general public. (16)(17) "Grievance" means a formal written complaint by or on behalf of a client concerning a circumstance would usually but not necessarily follow a complaint. (17)(18) "Human Rights Committee" means a committee, appointed by the Secretary, to act PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 122 in a capacity regarding the protection of client rights. (18)(19) "Independent psychiatric consultant" means a licensed psychiatrist not on the staff of the state facility in which the client is being treated. The psychiatrist may be in private practice, or be employed by another state facility, or be employed by a facility other than a state facility as defined in G.S. 122C-3(14). (19)(20) "Interpreter services" means specialized communication services provided for the hearing impaired by certified interpreters. interpreters certified by the National Registry of Interpreters for the Deaf or the National Association of the Deaf. (20)(21) "Involuntary client" means a person admitted to any regional psychiatric hospital or alcoholic rehabilitation center under the provisions of Article 5, Parts 7, 8 or 9 of G.S. 122C and includes but it is not limited to clients detained pending a district court hearing and clients involuntarily committed after a district court hearing. This term shall also include individuals who are defendants in criminal actions and are being evaluated in a state facility for mental responsibility or mental competency as a part of such criminal proceedings as specified in G.S. 15A-1002 unless a valid order providing otherwise is issued from a court of competent jurisdiction and the civil commitment of defendants found not guilty by reason of insanity as specified in G.S. 15A-1321. (21)(22) "Isolation time -out" means the removal of a client to a separate room from which exit is barred but which is not locked and where there is continuous supervision by staff for the purpose of modifying behavior. (22)(23) "Major physical injury" means damage caused to the body resulting in substantial profuse bleeding or contusion of tissues; fracture of a bone; damage to internal organs; loss of consciousness; loss of normal neurological function (inability to move or coordinate movement); or any other painful condition caused by such injury. (23)(24) "Medical emergency" means a situation where the client is unconscious, ill, or injured, and the reasonably apparent circumstances require prompt decisions and actions in medical or other health care, and the necessity of immediate health care treatment is so reasonably apparent that any delay in the rendering of the treatment would seriously worsen the physical condition or endanger the life of the client. (24)(25) "Minimal risk research" means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests. (25)(26) "Minor client" means a person under 18 years of age who has not been married or who has not been emancipated by a decree issued by a court of competent jurisdiction or is not a member of the armed forces. (26)(27) "Neglect" means the failure to provide care or services necessary to maintain the mental health, physical health and well-being of the client. (27)(28) "Neuroleptic medication" means a category of psychotropic drugs used to treat schizophrenia and related disorders. Neuroleptics are the only category of psychotropic drugs with long-term side effects of major consequence (e.g., tardive dyskinesia). Examples of neuroleptic medications are Chlorpromazine, Thioridazine and Haloperidol. (28)(29) "Normalization" means the principle of helping the client to obtain an existence as close to normal as possible, taking into consideration the client's disabilities and potential, by making available to him patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society. (30) "Paraprofessional" within the DMH/DD/SAS system of care means an individual who has: (A) a GED or high school diploma; o r (B) no GED or high school diploma, employed prior to November 1, 2001 to provide a mh/dd/sa service; and (C) upon hiring, an individualized supervision plan shall be developed and supervision shall be provided by a qualified professional or associate professional with the population served. (29)(31) "Person standing in loco parentis" means one who has put himself in the place of a lawful parent by assuming the rights and obligations of a parent without formal adoption. (32) "Physical Restraint" means the application or use of any manual method of restraint that restricts freedom of movement, or the application or use of any physical or mechanical device that restricts freedom of movement or normal access to one's body, including material or equipment attached or adjacent to the client's body that he or she cannot easily remove. Holding a client in a therapeutic hold or any other manner that restricts his or her movement constitutes manual restraint for that client. Mechanical devices may restrain a client to a bed or chair, or may be used as ambulatory restraints. Examples of mechanical devices include cuffs, ankle straps, sheets or restraining shirts, arm splints, mittens and helmets. Excluded from this definition of physical restraint are physical PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 123 guidance, gentle physical prompting techniques, escorting and therapeutic holds used solely for the purpose of escorting a client who is walking, soft ties used solely to prevent a medically ill client from removing intravenous tubes, indwelling catheters, cardiac monitor electrodes or similar medical devices, and prosthetic devices or assistive technology which are designed and used to increase client adaptive skills. Escorting means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a client to walk to a safe location. (30)(33) "Protective devices" means an intervention which provides support for weak and feeble clients or enhances the safety of behaviorally disordered clients. Such devices may include posey vests, geri-chairs or table top chairs to provide support and safety for clients with major physical handicaps; devices such as helmets and mittens for self-injurious behaviors; or devices such as soft ties used to prevent medically ill clients from removing intravenous tubes, indwelling catheters, cardiac monitor electrodes or similar medical devices. As provided in Rule .0207 of Subchapter 14J, the use of a protective device for behavioral control shall comply with the requirements specified in Rule .0203 of Subchapter 14J. (31)(34) "Psychosurgery" means surgical procedures for the intervention in or alteration of a mental, emotional or behavior disorder. (32)(35) "Psychotropic medication" means medication with the primary function of treating mental illness, personality or behavior disorders. It includes, but is not limited to, antipsychotics, anti-depressants, minor tranquilizers and lithium. (33) "Qualified professional" means any person with appropriate training or experience in the professional fields of mental health care, mental illness, mental retardation, or substance abuse, including but not limited to, physicians, psychologists, social workers, registered nurses, qualified mental retardation professionals and qualified alcoholism or drug abuse professionals, as these terms are defined in 10 NCAC 14K .0103, "Licensure Rules for Mental Health, Mental Retardation and Other Developmental Disabilities, and Substance Abuse Facilities", division publication APSM 40-2. In addition, qualified professionals shall include special education instructors, physical therapists, occupational therapists, speech therapists and any other recognized professional group designated by the State Facility Director (36) "Qualified professional" means, within the MH/DD/SAS system of care, an individual serving in the following categories: (A) Independent Practitioner. An independent practitioner is an individual who holds an unrestricted license, certificate, registration issued by the board regulating the profession in the following disciplines: Ph.D. Psychologist, Psychiatrist, Certified Clinical Social Worker, Clinical Nurse Specialist certified in Psychiatric Mental Health Advanced Practice Nursing, Licensed Clinical Social Worker, Licensed Occupational, Physical and Speech Therapists who provide and bill mh/dd/sa services under their own provider number and through employment or contract with an area program or other billing provider; or (B) Independent Practitioner Provisional. An independent practitioner provisional has a limited, provisional and temporary license, certificate, registration or permit in the disciplines as specified in Paragraph (b)(36)(A) of this Rule issued by the governing board regulating the profession and requires clinical supervision by an independent practitioner and provides and bills mh/dd/sa services under their own provider number and through employment or contract with an area program or other billing provider; or (C) Qualified Professional of MH/DD/SA Services: (i) a graduate of a college or university with a Masters degree in a related human service field and has one year of full-time, post-graduate accumulated mh/dd/sa experience with the population served, and a substance abuse professional shall have two years of full-time, post-graduate accumulated supervised experience in alcoholism and drug abuse counseling; or (ii) a graduate of a college or university with a baccalaureate degree in a related human service field and has two years of full-time, post-baccalaureate accumulated mh/dd/sa experience with the population served, and a PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 124 substance abuse professional shall have two years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling; or (iii) a graduate of a college or university with a baccalaureate degree in a field not related to human services and has four years of full-time, post-baccalaureate accumulated mh/dd/sa experience with the population served, and a substance abuse professional shall have four years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling; or (iv) a substance abuse professional who has a counseling certification by the North Carolina Substance Abuse Professional Certification Board; or (v) a registered nurse who is licensed to practice in the State of North Carolina by the North Carolina Board of Nursing and has four years of full-time accumulated experience in psychiatric mental health nursing. (34)(37) "Regional alcoholic rehabilitation center" means a state facility for substance abusers as specified in G.S. 122C-181(a)(3). (35)(38) "Regional mental retardation center" means a state facility for the mentally retarded as specified in G.S. 122C-181(a)(2). (36)(39) "Regional psychiatric hospital" means a state facility for the mentally ill as specified in G.S. 122C-181(a)(1). (37)(40) "Representative payee" means the person, group, or facility designated by a funding source, such as Supplemental Security Income (SSI), to receive and handle funds according to the guidelines of the source on behalf of a client. (38)(41) "Research" means inquiry involving a trial or special observation made under conditions determined by the investigator to confirm or disprove an hypothesis or to explicate some principle or effect. (39)(42) "Respite client" means a client admitted to a mental retardation center for a short-term period, normally not to exceed 30 days. The primary purpose of such admission is to provide a temporary interval of rest or relief for the client's regular caretaker. (40)(43) "Responsible professional" shall have the meaning as specified in G.S. 122C-3 except the "responsible professional" shall also be a qualified professional as defined in Subparagraph (b)(32) in (b)(36) of this Rule. (41) "Restraint" means the limitation of one's freedom of movement. In accordance with G.S. 122C-60, restraint includes the following: (A) mechanical restraint which is restraining a client with the intent of controlling behavior with mechanical devices which include, but are not limited to, cuffs, ankle straps, sheets or restraining shirts. This does not include handcuffs used for the purpose of escorting forensic clients; (B) physical restraint which is restraining a client by physically holding or subduing the client until he is calm. (42)(44) "Seclusion" means isolating a client in a separate locked room for the purpose of controlling a client's behavior, except that in the Forensic Division at Dorothea Dix Hospital, seclusion shall not include the routine use of locked rooms, isolation of clients admitted for evaluation of capacity to proceed to trial who are considered to be an escape risk, or separation of juveniles requiring separation from adult clients. (43)(45) "State Facility Director" means the chief administrative officer or manager of a state facility or his designee. (44)(46) "Strike" means, but is not limited to, hitting, kicking, slapping or beating whether done with a part of one's body or with an object. (45)(47) "Timeout" means the removal of a client from other clients to another space within the same activity area for the purpose of modifying behavior. (46)(48) "Treatment" means the act, method, or manner of habilitating or rehabilitating, caring for or managing a client's physical or mental problems. (47)(49) "Treatment plan" means a written individual plan of treatment or habilitation for each client to be undertaken by the treatment team and includes any documentation of restriction of client's rights. (48)(50) "Treatment team" means an interdisciplinary group of qualified professionals sufficient in number and variety by discipline to adequately assess and address the identified needs of the client. (49)(51) "Unit" means an integral component of a state facility distinctly established for the delivery of one or more elements of service to which specific staff and space are assigned, and for which responsibility has been clearly assigned PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 125 to a director, supervisor, administrator, or manager. (50)(52) "Voluntary client" means a person admitted to a state facility under the provisions of Article 5, Parts 2, 3, 4 or 5 of G.S. 122C. Authority G.S. 122C-3; 122C-4; 122C-51; 122C-53(f); 143B-147. SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES SECTION .0100 - GENERAL INFORMATION 10 NCAC 14V .0104 STAFF DEFINITIONS The following credentials and qualifications apply to staff described in this Subchapter: (1) "Associate Professional (AP)" within the DMH/DD/SAS system of care means an individual who is a: (a) graduate of a college or university with a Masters degree in a related human service field with less than one year of full-time, post-graduate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than one year of full-time, post-graduate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and supervision shall be provided by a qualified professional with the population served until the individual meets one year of experience; or (b) graduate of a college or university with a baccalaureate degree in a related human service field with less than two years of full-time, post-baccalaureate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than two years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and reviewed annually. Supervision shall be provided by a qualified professional with the population served until the individual meets two years of experience; or (c) graduate of a college or university with a baccalaureate degree in a field not related to human services with less than four years of full-time, post-baccalaureate accumulated mh/dd/sa experience with the population served, and a substance abuse professional with less than four years of full-time, post-baccalaureate accumulated supervised experience in alcoholism and drug abuse counseling. Upon hiring, an individualized supervision plan shall be developed and reviewed annually. Supervision shall be provided by a qualified professional with the population served until the individual meets four years of experience; or (d) registered nurse who is licensed to practice in the State of North Carolina by the North Carolina Board of Nursing and has less than four years of full-time accumulated experience in psychiatric mental health nursing. (1)(2) "Certified counselor" means a counselor who is certified as such by the North Carolina Counseling Association as a Licensed Professional Counselor (LPC). (2)(3) "Certified alcoholism counselor (CAC)" means an individual who is certified as such by the North Carolina Substance Abuse Professional Certification Board. (3)(4) "Certified drug abuse counselor (CDAC)" means an individual who is certified as such by the North Carolina Substance Abuse Professional Certification Board. (4)(5) "Certified substance abuse counselor (CSAC)" means an individual who is certified as such by the North Carolina Substance Abuse Professional Certification Board. (5)(6) "Clinical" means having to do with the active direct treatment/habilitation of a client. (6)(7) "Clinical staff member" means a professional who provides active direct treatment/habilitation to a client. (7)(8) "Clinical/professional supervision" means regularly scheduled assistance by a qualified mental health professional, a qualified substance abuse professional or a qualified developmental disabilities professional to a staff member who is providing direct, therapeutic intervention to a client or clients. The purpose of clinical supervision is to ensure that each client receives appropriate treatment or habilitation which is consistent with accepted standards of practice and the needs of the client. (8)(9) "Clinical social worker" means a social worker who is licensed as such by the N.C. Board of Social Work. (10) "Director" means the individual who is responsible for the operation of the facility. (9)(11) "Licensed Psychologist" means an individual who is licensed to practice psychology in the State of North Carolina. PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 126 (10)(12) "Nurse" means a person licensed to practice in the State of North Carolina either as a registered nurse or as a licensed practical nurse. (13) "Paraprofessional" within the DMH/DD/SAS system of care means an individual who has: (a) a GED or high school diploma; o r (b) no GED or high school diploma, employed prior to November 1, 2001 to provide a mh/dd/sa service; and (c) upon hiring, an individualized supervision plan shall be developed and supervision shall be provided by a qualified professional or associate professional with the population served. (14) "Psychiatric nurse" means an individual who is licensed to practice as a registered nurse in the State of North Carolina by the North Carolina Board of Nursing and who is a graduate of an accredited master's level program in psychiatric mental health nursing with two years of experience, or has a master's degree in behavioral science with two years of supervised clinical experience, or has four years of experience in psychiatric mental health nursing. (12)(14) "Psychiatric social worker" means an individual who holds a master's degree in social work from an accredited school of social work and has two years of clinical social work experience. (13)(15) "Psychiatrist" means an individual who is licensed to practice medicine in the State of North Carolina and who has completed an accredited training program in psychiatry. (14) "Qualified alcoholism professional" means an individual who is certified as such by the North Carolina Substance Abuse Professional Certification Board or who is a graduate of a college or university with a baccalaureate or advanced degree in a human service related field with documentation of at least two years of supervised experience in the profession of alcoholism counseling. (15)(16) "Qualified client record manager" means an individual who is a graduate of a curriculum accredited by the Council on Medical Education and Registration of the American Health Information Management Association and who is currently registered or accredited by the American Health Information Management Association. (17) "Qualified professional" means, within the MH/DD/SAS system of care, an individual serving in the following categories: (a) Independent Practitioner. An independent practitioner is an individual who holds an unrestricted license, certificate, registration, issued by the board regulating the profession in question, in the following disciplines: Ph.D. Psychologist, Psychiatrist, Certified Clinical Social Worker, Clinical Nurse Specialist certified in Psychiatric Mental Health Advanced Practice Nursing, Licensed Clinical Social Worker, Licensed Occupational, Physical and Speech Therapist and who provides and bills MH/DD/SA services under their own provider number and through employment or contract with an area program or other billing provider; or (b) Independent Practitioner Provisional. An independent practitioner provisional has a limited, provisional and temporary license, certificate, registration or permit in the disciplines listed above issued by the governing board regulating the profession and requires clinical supervision by a qualified independent practitioner and provides and bills MH/DD/SA services under their own provider number and through employment or contract with an area program or other billing provider; or (c) Qualified Professional of MH/DD/SA Services: (i) a graduate of a college or university with a Masters degree in a related human service field and has one year of full-time, post-graduate accumulated MH/DD/SA experience with the population served and a substance abuse professional shall have one year of full-time post-graduate accumulated supervised experience in alcoholism and drug abuse counseling; or (ii) a graduate of a college or university with a baccalaureate degree in a related human service field and has two years of full-time, post- baccalaureate accumulated MH/DD/SA experience with the population served and a substance abuse professional shall have two years of full-time post-graduate accumulated supervised experience in alcoholism and drug abuse counseling; or PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 127 (iii) a graduate of a college or university with a baccalaureate degree in a field not related to human services and has four years of full-time, post-baccalaureate accumulated MH/DD/SA experience with the population served and a substance abuse professional shall have four years of full-time post-graduate accumulated supervised experience in alcoholism and drug abuse counseling; or (iv) a substance abuse professional who has a counseling certification by the North Carolina Substance Abuse Professional Certification Board; or (v) a registered nurse who is licensed to practice in the State of North Carolina by the North Carolina Board of Nursing and has four years of full-time accumulated experience in psychiatric mental health nursing. (16) "Qualified developmental disabilities professional" means an individual who is: (a) a graduate of a college or university with a baccalaureate degree in a discipline related to developmental disabilities and at least one year of supervised habilitative experience in working with individuals with developmental disabilities; (b) a graduate of a college or university with a baccalaureate degree in a human service related field and at least two years of supervised habilitative experience in working with individuals with developmental disabilities; or (c) a graduate of a college or university with a baccalaureate degree in a field other than one related to developmental disabilities and at least three years of supervised habilitative experience in working with individuals with developmental disabilities. (17) "Qualified drug abuse professional" means an individual who is: (a)certified as such by the North Carolina Substance Abuse Professional Certification Board; (b) a graduate of a college or university with an advanced degree in a human service related field with documentation of at least one year of supervised experience in the profession of drug abuse counseling; or (c) a graduate of a college or university with a baccalaureate or advanced degree in a human service related field with documentation of at least two years of supervised experience in the profession of drug abuse counseling. (18) "Qualified mental health professional" means an individual who is: (a) a psychiatrist, psychiatric nurse, licensed psychologist, or a psychiatric social worker; (b) graduate of a college or university with an advanced degree in a related human service field and two years of supervised clinical experience in mental health services: or (c) a graduate of a college or university with a baccalaureate degree in a related human service field and four years of supervised clinical experience in mental health services. (19) "Qualified substance abuse professional" means an individual who is: (a) certified as such by the North Carolina Substance Abuse Professional Certification Board; or (b) a graduate of a college or university with an advanced degree in a human service related field with documentation of at least one year of supervised experience in the profession of alcoholism and drug abuse Counseling; or (c) a graduate of a college or university with a baccalaureate degree in a human service related field with documentation of at least two years of supervised experience in the profession of alcoholis m and drug abuse counseling. Authority G.S. 122C-3; 122C-25; 122C-26; 143B-147. SECTION .0200 - OPERATION AND MANAGEMENT RULES 10 NCAC 14V .0202 PERSONNEL REQUIREMENTS (a) All facilities shall have a written job description for the director and each staff position which: (1) specifies the minimum level of education, competency, work experience and other qualifications for the position; (2) specifies the duties and responsibilities of the position; PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 128 (3) is signed by the staff member and the supervisor; and (4) is retained in the staff member's file. (b) All facilities shall ensure that the director, each staff member or any other person who provides care or services to clients on behalf of the facility: (1) is at least 18 years of age; (2) is able to read, write, understand and follow directions; (3) meets the minimum level of education, competency, work experience, skills and other qualifications for the position; and (4) has no substantiated findings of abuse or neglect listed on the North Carolina Health Care Personnel Registry. (a)(c) All facilities or services shall require that all applicants for employment disclose any criminal conviction. The impact of this information on a decision regarding employment shall be based upon the offense in relationship to the job for which the applicant is applying. (b)(d) Staff of a facility or a service shall be currently licensed, registered or certified in accordance with applicable state laws, as appropriate laws for the services provided. (c)(e) A personnel record file shall be maintained for each individual employed indicating the training, experience, experience and other qualifications for the position, including verification appropriate to of licensure, registration or certification. (d)(f) Continuing education shall be documented. (e)(g) Orientation programs shall be provided. Employee training programs shall be provided and, at a minimum, shall consist of the following: (1) general organizational orientation; (2) training on client rights and confidentiality; (3) training to assist clients with mh/dd/sa needs or clients with dual diagnoses; and (4) training in infectious diseases and bloodborne pathogens. (f) Staff training including training in infectious diseases and blood-borne pathogens. (g)(h) Except as permitted under 10 NCAC 14V .5602(b) of this Subchapter, at least one staff member shall be available in a the facility at all times when a client is present. That staff member shall be who is trained in basic first aid including seizure management, currently trained to provide cardiopulmonary resuscitation, resuscitation seizure management, and trained in the Heimlich maneuver or other approved Red Cross First Aid first aid techniques such as those provided by Red Cross, the American Heart Association or their equivalence for relieving airway obstruction shall be available at all times. obstruction. (h)(i) The governing body shall develop and implement policies and procedures for identifying, reporting, investigating and controlling infectious and communicable diseases of personnel and clients. may require medical statements from all direct care providers except those in facilities that provide only periodic services. When, in these Rules, a medical statement is required, the following shall apply : (1) The staff member shall submit to the program at the time of initial approval and annually thereafter a medical statement from a licensed physician, nurse practitioner, or physician's assistant. (2) The medical statement may be in any written form but shall be signed by the physician, nurse practitioner, or physician's assistant and indicate the general good physical and mental health of the individual, the evidence of the absence of any indication of active tuberculosis and communicable diseases, or any other condition that poses a threat to clients. (3) The facility or program shall keep the most recent medical statement on file. Authority G.S. 122C-26. 10 NCAC 14V .0203 COMPETENCIES OF QUALIFIED PROFESSIONALS AND ASSOCIATE PROFESSIONALS (a) Qualified professionals and associate professionals shall demonstrate knowledge, skills and abilities required to serve the client based on the individualized treatment/habilitation plan. (b) The governing body for each facility shall develop and implement policies and procedures for the initiation of an individualized supervision plan upon hiring each associate professional. (c) The associate professional shall be supervised by a qualified professional with the population served for the period of time as specified in Rule .0104 of this Subchapter. Authority G.S. 122C-26. 10 NCAC 14V .0204 COMPETENCIES AND SUPERVISION OF PARAPROFESSIONALS There shall be no privileging requirements for paraprofessionals: (1) Paraprofessionals shall be supervised by an associate professional or by a qualified professional as specified in Rule .0104 of this Subchapter. (2) Paraprofessionals shall demonstrate knowledge, skills and abilities required to serve the client based on the individualized treatment/habilitation plan. Authority G.S. 122C-26. TITLE 15A – DEPARTMENT OF ENVIRONMENT AND NATURAL RESOUCES Notice is hereby given in accordance with G.S. 150B-21.2 that the Commission for Health Services intends to amend the rule cited as 15A NCAC 18C .1510. Notice of Rule-making Proceedings was published in the Register on January 15, 2002. Proposed Effective Date: April 1, 2003 Public Hearing: Date: August 7, 2002 Time: 2:00 p.m. PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 129 Location: 1330 St. Mary's Street, Conference Room G1-B, Raleigh, NC Reason for Proposed Action: In order to meet the conditions of the primacy agreement with the US Environmental Protection Agency, North Carolina's rules must be no less stringent than the Federal Regulations as required in Section 1413 of the Safe Drinking Water Act. The National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring was promulgated on January 22, 2002. This federal rule is applicable to community and non-transient non-community water systems and lowers the existing maximum contaminant level (MCL) for arsenic from .05 mg/L to 0.01mg/L. The effective date of the federal rule is January 23, 2006. North Carolina has already amended its existing State rule (15A NCAC 18C .1510) as a Temporary Rule and has lowered its MCL for arsenic to .010 mg/L, however, the effective date established for the new MCL was January 1, 2002. The Commission for Health Services approved this amendment to North Carolina's rules on December 11, 2001. Comment Procedures: Written comments will be accepted through August 14, 2002. Send comments to Linda F. Raynor, Public Water Supply Section, 1634 Mail Service Center, Raleigh, NC 27699-1634 or phone (919) 715-3225. Fiscal Impact State Local Substantive (>$5,000,000) None CHAPTER 18 - ENVIRONMENTAL HEALTH SUBCHAPTER 18C – WATER SUPPLIES SECTION .1500 - WATER QUALITY STANDARDS 15A NCAC 18C .1510 MAXIMUM CONTAMINANT LEVELS FOR INORGANIC CHEMICALS (a) The provisions of 40 C.F.R. 141.11 are hereby incorporated by reference, including any subsequent amendments and editions. editions, except the maximum contaminant level for arsenic shall be regulated as set forth in Paragraph (c) of this Rule. This material is available for inspection at the Department of Environment, Health, Environment and Natural Resources, Division of Environmental Health, 1330 Saint Mary's Street, 2728 Capital Boulevard, Raleigh, North Carolina. Copies may be obtained from the Environmental Protection Agency's (USEPA) Drinking Water Hotline at 1-800-426-4791 or from USEPA's homepage at http://www.epa.gov/safewater. Non-members may obtain copies from the American Water Works Association, Information Services, 6666 West Quincy Avenue, Denver, Colorado 80235 at a cost of fifteen dollars ($15.00) up to 20 pages and thirty cents ($0.30) per page for each additional page. (b) The provisions of 40 C.F.R. 141.62 are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, Environment and Natural Resources, Division of Environmental Health, 1330 Saint Mary's Street, 2728 Capital Boulevard, Raleigh, North Carolina. Copies may be obtained from the Environmental Protection Agency's (USEPA) Drinking Water Hotline at 1-800-426-4791 or from USEPA's homepage at http://www.epa.gov/safewater. Non-members may obtain copies from the American Water Works Association, Information Services, 6666 West Quincy Avenue, Denver, Colorado 80235 at a cost of fifteen dollars ($15.00) up to 20 pages and thirty cents ($0.30) per page for each additional page. (c) Effective January 1, 2002, the maximum contaminant level for arsenic applies to community and non-transient non-community water systems as follows: (1) The maximum contaminant level for arsenic is 0.010 milligrams per liter, until such time as the USEPA revises the standard to a level lower than 0.010 milligrams per liter at which time the more stringent level shall apply. (2) Sampling, analytical requirements, and compliance calculations for arsenic shall be conducted as specified for the contaminants in 15A NCAC 18C .1508. (3) Certified laboratories must report quantifiable results down to at least 0.005 milligrams per liter for arsenic compliance samples effective January 1, 2002. (4) Water systems with arsenic in excess of the maximum contaminant level from the latest compliance sample must submit by January 1, 2005 a compliance schedule to the Division of Environmental Health, Public Water Supply Section stating the alternative solution that has been selected, the actions to be taken, and the deadline for those actions in order to meet the revised standard by the compliance date. The system must be in compliance with the MCL by January 23, 2006. In the interim period, the water system shall provide public notice pursuant to 15A NCAC 18C .1523. Exceedence of the maximum contaminant level shall be reported in the Consumer Confidence Report pursuant to 15A NCAC 18C.1538. Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 141. TITLE 19A – DEPARTMENT OF TRANSPORTATION Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Department of Transportation – Division of Highways intends to adopt the rules cited as 19A NCAC 02F .0101-.0103. Notice of Rule-making Proceedings was published in the Register on February 15, 2002. Proposed Effective Date: April 1, 2003 (Temporary Rules Eff. January 11, 2002) Public Hearing: Date: August 5, 2002 Time: 2:00 p.m. PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 130 Location: Room 150, Transportation Building, 1 South Wilmington Street, Raleigh, NC Reason for Proposed Action: These rules are proposed for adoption pursuant to the authority granted by the NC General Assembly in Section 27.22 of Session Law 2001-424. Temporary rules were published in the November 1, 2001 NC Register. Comments were received through the Clearinghouse and revised temporary rules were published in the February 15, 2002 NC Register. Additional Clearinghouse comments were received through April, 2002. Proposed rules were subsequently published in the June 3, 2002 NC Register but changes approved by the Clearinghouse and by the Board of Transportation on May 2, 2002 were not incorporated. These rules reflect text approved by the DOT in May. The rules are necessary to set environmental minimum criteria conditions under which highway projects may be constructed. Comment Procedures: Any interested person may comment by submitting written comments to Emily Lee, NC DOT, 1501 Mail Service Center, Raleigh, NC 27699, by August 16, 2002. Fiscal Impact State Local Substantive (>$5,000,000) None CHAPTER 02 - DIVISION OF HIGHWAYS SUBCHAPTER 02F - DEPARTMENT OF TRANSPORTATION'S MINIMUM CRITERIA SECTION .0100 - MINIMUM CRITERIA 19A NCAC 02F .0101 PURPOSE This Section establishes minimum criteria to be used in determining when the preparation of environmental documents pursuant to the North Carolina Environmental Policy Act (NCEPA) is not required. Authority G.S. 113A-11; 143B-10. 19A NCAC 02F .0102 MINIMUM CRITERIA The following minimum criteria are established as an indicator of the types and classes of thresholds of activities at and below which environmental documentation under the NCEPA is not required: (1) Approval of: (a) installation of utilities along or across a transportation facility; (b) grade separated crossings of highways by railroads or highway; or (c) grading, commercial driveways, and other encroachments on the highway right-of-way; (2) Construction of bicycle and pedestrian lanes, paths, and facilities; (3) Construction of safety projects such as guardrails, grooving, glare screen, safety barriers, and energy attenuators; (4) Installation of noise barriers or alterations to existing public buildings to provide for noise reduction; (5) Landscaping of highway, railroad, and rest area projects; (6) Installation of fencing, signs, pavement markings, small passenger shelters, lighting, traffic signals, and railroad signal systems and warning devices; (7) Repair, rehabilitation, or replacement of a highway or railway facility in general conformance with the original design and alignment, which is commenced immediately after the occurrence of a natural disaster or catastrophic failure, to restore the highway for the health, welfare, and safety of the public; (8) Highway or railway modernization by means of the following activities, which involves less than a total of 10 cumulative acres of ground surface previously undisturbed by highway or railway construction, limited to a single project, noncontiguous to any other project making use of this provision: (a) resurfacing, restoration, or reconstruction; (b) adding lanes for travel, parking, weaving, turning, or climbing; (c) correcting substandard curves and intersections; (d) adding shoulders or minor widening; (e) adding or extending passing sidings; (f) lengthening of railway spirals; or (g) flattening of railway curves; (9) Reconstruction of exis ting crossroad or railroad separations and existing stream crossings, including, but not limited to, pipes, culverts, and bridges; (10) Approval of oversized and overweight permits; (11) Approval of outdoor advertising permits; (12) Maintenance or repair of the state highway or railway system to include work such as: (a) Grading and stabilizing unpaved roads; (b) Maintaining unpaved shoulders; (c) Cleaning ditches and culverts; (d) Patching paved surfaces; (e) Maintaining bridges; (f) Removing snow and ice; (g) Controlling erosion and vegetation growth; (h) Manufacturing and stockpiling material; (i) Paving secondary roads; and (j) Timber and surfacing of rail lines; (13) Assumption of maintenance of roads constructed by others; (14) Making capital improvements constructed at an existing DOT facility that: (a) Require less than one acre of exposed, erodible ground surface; and PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 131 (b) Require the use of structures which do not involve handling or storing hazardous materials which exceed the threshold planning limits of Title 3 of the Superfund Amendments and Reauthorization Act of 1986; (15) Construction of a new two-lane highway in accordance with accepted design practices and DOT standards and specifications involving less than a total of 25 cumulative acres of ground surface limited to a single project, noncontiguous to any other project making use of this provision; (16) Reconstructing, rehabilitating, resurfacing, or maintaining existing runways, taxiways, aircraft aprons, access roads, and automobile parking lots; (17) Constructing, reconstructing, rehabilitating, or upgrading of lighting associated with runways, taxiways, and apron edges; visual approach aids; instrument approach aids; wind indicators; rotating beacons; obstruction lights; area lights; security lights; and the electrical distribution systems and control systems for such facilities; (18) Construction of terminal buildings, railway stations, maintenance buildings, and hangars involving less than five acres of previously undisturbed ground; (19) Acquiring property to meet Federal or State standards, requirements, or recommendations directly relating to aviation safety; (20) Acquiring 10 acres or less of property for future airport development or future railroad development; (21) Construction on existing airport property which has previously been disturbed by clearing, grubbing, or grading on land involving less than 10 acres of exposed, erodible ground surface; (22) Planning airport projects to include master plans, noise and compatibility plans, preliminary construction project plans, and special planning studies such as economic impact studies; (23) Rehabilitating, maintaining, and improving airport drainage systems on airport property to include landscaping and erosion control facilities involving less than five acres of previously undisturbed ground; (24) Purchasing vehicles for mass transportation purposes; (25) Maintaining and improving railroad track and bed in the existing right of way; (26) Implementation of any project which qualifies as a "categorical exclusion" under the National Environmental Policy Act by one of the Agencies of the U.S. Department of Transportation; (27) Acquisition and construction of wetland, stream, and endangered species mitigation sites; (28) Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines; and. (29) Other activities, not specifically described above, involving maintenance or repair needed to maintain the original function of an existing project or facility without expansion or change in use; sampling, monitoring, and related data-gathering activities; and minor construction or land-disturbing activities that impact less than five acres. Authority G.S. 113A-9; 113A-11; 143B-10(j). 19A NCAC 02F .0103 EXCEPTIONS TO MINIMUM CRITERIA Any activity falling within the parameters of the minimum criteria set out in Rule .0102 of this Section shall not routinely be required to have environmental documentation under the NCEPA. However, the Secretary of Transportation or his designee shall determine if environmental documents are required in any case where a Division Director or Branch Manager makes one of the following findings as to a proposed activity: (1) The proposed activity may have significant adverse effects on wetlands; surface waters such as rivers, streams, and estuaries; parklands, prime or unique agricultural lands; or areas of recognized scenic, recreational, archaeological, or historical value; or would endanger the existence of a species identified on the Department of Interior's threatened and endangered species list. (2) The proposed activity could cause changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create significant adverse water quality, air quality, or ground water impacts; or have a significant adverse effect on long-term recreational benefits or shellfish, finfish, wildlife, or their natural habitats. (3) The secondary or cumulative impacts of the proposed activity, which are not generally covered in the approval process, may result in a significant adverse impact to human health or the environment. (4) The proposed activity is of such an unusual nature or has such widespread implications that an uncommon concern for its environmental effects has been expressed to the agency. Authority G.S. 113A-9; 113A-11; 143B-10(j). TITLE 21 – OCCUPATIONAL LICENSING BOARDS PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 132 CHAPTER 48 - BOARD OF PHYSICAL THERAPY EXAMINERS Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Physical Therapy Examiners intends to amend the rule cited as 21 NCAC 48C .0101. Notice of Rule-making Proceedings was published in the Register on May 15, 2002. Proposed Effective Date: April 1, 2003 Public Hearing: Date: August 13, 2002 Time: 12:00-12:30 p.m. Location: Siena Hotel, Lombardi Room, 1505 East Franklin St., Chapel Hill, NC Reason for Proposed Action: The purpose of this Rule change will be to clarify the scope of physical therapy practice. Comment Procedures: Comments will be accepted through August 14, 2002. Letters must be legible and signed and include a phone number. Please send comments to Ben F. Massey, Jr., P.T., Executive Director, NC Board of Physical Therapy Examiners, 18 West Colony Place, Suite 140, Durham, NC 27705. If you have questions, please do not hesitate to call Mr. Massey at 919-490-6393 or 800-800-8982, fax 919-490-5106, email ncptboard@mindspring.com. Fiscal Impact State Local Substantive (>$5,000,000) None SUBCHAPTER 48C - SCOPE OF PHYSICAL THERAPY PRACTICE SECTION .0100 – PHYSICAL THERAPISTS 21 NCAC 48C .0101 PERMITTED PRACTICE (a) Physical therapy is presumed to include any acts, tests, procedures, treatments or modalities that are routinely taught in educational programs or in continuing education programs for physical therapists and are routinely performed in practice settings. (b) A physical therapist who employs acts, tests, procedures and modalities in which professional training has been received through education or experience is considered to be engaged in the practice of physical therapy. (c) A physical therapist must supervise physical therapist assistants, physical therapy aides, PT students and PTA students to the extent required under the Physical Therapy Practice Act and these Rules. Physical therapy aides include all non licensed individuals aiding in the provision of physical therapy services. (d) Physical therapy, which is the care and services provided by or under the direction and supervision of a physical therapist, includes: (1) examining (history, system review and tests and measures) individuals in order to determine a diagnosis, prognosis, and intervention; tests and measures may include, but are not limited to, the following: (A) aerobic capacity and endurance; (B) anthropometic characteristics; (C) arousal, attention, and cognition; (D) assistive and adaptive devices; (E) community and work (job/school/play) integration or reintegration; (F) cranial nerve integrity; (G) environmental, home, and work (job/school/play) barriers; (H) ergonomics and body mechanics; (I) gait, locomotion, and balance; (J) integumentary integrity; (K) joint integrity and mobility; (L) motor function; (M) muscle performance; (N) neuromotor development and sensory integration; (O) orthotic, protective and supportive devices; (P) pain; (Q) posture; (R) prosthetic requirements; (S) range of motion; (T) reflex integrity; (U) self-care and home management; (V) sensory integrity; and (X) ventilation, respiration, and circulation. (2) alleviating impairment and functional limitation by designing, implementing, and modifying therapeutic interventions may include, but are not limited to the following: (A) coordination, communication and documentation; (B) patient/client-related instruction; (C) therapeutic exercise (including aerobic conditioning); (D) functional training in self-care and home management (including activities of daily living and instrumental activities of daily living); (E) functional training in community and work (jobs/school/play) integration or reintegration activities (including instrumental activities of daily living, work hardening, and work conditioning); (F) manual therapy techniques (including mobilization and mainipulation); (G) prescription, application, and fabrication of assistive, adaptive, orthotic, protective, supportive, and prosthetic devices and equipment that is within the scope of practice of physical therapy; (H) airway clearance techniques; (I) wound management; PROPOSED RULES 17:02 NORTH CAROLINA REGISTER July 15, 2002 133 (J) electrotherapeutic modalities; and (K) physical agents and mechanical modalities. (3) preventing injury, impairment, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations. (e)(d) The practice of physical therapy is the application of a broad range of evaluation and treatment procedures related to abnormality of human sensorimotor performance. It includes, but is not limited to, tests of joint motion, muscle length and strength, posture and gait, limb length and circumference, activities of daily living, pulmonary function, cardio-vascular function, nerve and muscle electrical properties, orthotic and prosthetic fit and function, sensation and sensory perception, reflexes and muscle tone, and sensorimotor and other skilled performances; treatment procedures such as hydrotherapy, shortwave or microwave diathermy, ultrasound, infra-red and ultraviolet radiation, cryotherapy, electrical stimulation including transcutaneous electrical neuromuscular stimulation, massage, debridement, intermittent vascular compression, iontophoresis, machine and manual traction of the cervical and lumbar spine, joint mobilization, machine and manual therapeutic exercise including isokinetics and biofeedback, and training in the use of orthotic, prosthetic and other assistive devices including crutches, canes and wheelchairs. Physical therapy, which is the care and services provided by or under the direction and supervision of a physical therapist, includes: Physical therapy further includes, but is not limited to: (1) examining (history, system review and tests and measures) individuals in order to determine a diagnosis, prognosis, and intervention [within the physical therapist's scope of practice]; tests and measures may include, but are not limited to, the following: (A) aerobic capacity and endurance; (B) anthropometic characteristics; (C) arousal, attention, and cognition; (D) assistive and adaptive devices; (E) community and work (job/school/play) integration or reintegration; (F) cranial nerve integrity; (G) environmental, home, and work (job/school/play) barriers; (H) ergonomics and body mechanics; (I) gait, locomotion, and balance; (J) integumentary integrity; (K) joint integrity and mobility; (L) motor function; (M) muscle performance; (N) neuromotor development and sensory integration; (O) orthotic, protective and supportive devices; (P) pain; (Q) posture; (R) prosthetic requirements; (S) range of motion; (T) reflex integrity; (U) self-care and home management; (V) sensory integrity; and (X) ventilation, respiration, and circulation. (2) alleviating impairment and functional limitation by designing, implementing, and modifying therapeutic interventions may include, but are not limited to the following: (A) coordination, communication and documentation; (B) patient/client-related instruction; (C) therapeutic exercise (including aerobic conditioning); (D) functional training in self-care and home management (including activities of daily living and instrumental activities of daily living); (E) functional training in community and work (jobs/school/play) integration or reintegration activities (including instrumental activities of daily living, work hardening, and work conditioning); (F) manual therapy techniques (including mobilization and manipulation); (G) prescription, application, and fabrication of assistive, adaptive, orthotic, protective, supportive, and prosthetic devices and equipment that is within the scope of practice of physical therapy; (H) airway clearance techniques; (I) wound management; (J) electrotherapeutic modalities; and (K) physical agents and mechanical modalities. (3) preventing injury, impairment, functional limitation, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations. Authority G.S. 90-270.24; 90-270.26. RULES REVIEW COMMISSION 17:02 NORTH CAROLINA REGISTER July 15, 2002 134 This Section contains information for the meeting of the Rules Review Commission on Thursday, July 18, 2002, 10:00 a.m. at 1307 Glenwood Avenue, Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners. Specific instructions and addresses may be obtained from the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to the meeting. RULES REVIEW COMMISSION MEMBERS Appointed by Senate Appointed by House Thomas Hilliard, III Paul Powell - Chairman Robert Saunders Jennie J. Hayman Vice - Chairman Laura Devan Dr. Walter Futch Jim Funderburke Jeffrey P. Gray David Twiddy Dr. John Tart RULES REVIEW COMMISSION MEETING DATES July 18, 2002 Commission Review/Administrative Rules Log of Filings (Log #187) April 20, 2002 through June 20, 2002 DEPARTMENT OF ADMINISTRATION Purpose 1 NCAC 40 .0104 Adopt Organization 1 NCAC 40 .0105 Adopt Definitions 1 NCAC 40 .0106 Adopt Definitions 1 NCAC 40 .0205 Adopt Issuance of Driving Eligibility Certificates 1 NCAC 40 .0206 Adopt Revocation of Driving Eligibility Certificates 1 NCAC 40 .0207 Adopt Student Appeals Process 1 NCAC 40 .0208 Adopt CULTURAL RESOURCES, DEPARTMENT OF/USS NORTH CAROLINA BATTLESHIP COMMISSION Admission Prices 7 NCAC 5 .0203 Amend DHHS/DIVISION OF FACILITY SERVICES Criteria and Standards for Nursing Facility or 10 NCAC 03R .1125 Amend Required Performance Standards 10 NCAC 03R .1126 Amend DHHS/COMMISSION FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES & S UBSTANCE ABUSE SERVICES Scope Outpatient Opioid 10 NCAC 14V .3601 Amend Definitions Outpatient Opioid 10 NCAC 14V .3602 Amend Operations Outpatient Opioid 10 NCAC 14V .3604 Amend Scope Residential Recovery 10 NCAC 14V .4101 Amend Staff Residential Recovery 10 NCAC 14V .4102 Amend Operations Residential 10 NCAC 14V .4103 Amend DHHS/COMMISSION FOR MH/DD/SAS Schedule IV Controlled Substance 10 NCAC 45H .0205 Amend DEPARTMENT OF INSURANCE Deviations from Rates of the North Carolina Rate 11 NCAC 10 .1106 Amend DEPARTMENT OF INSURANCE Purpose and Definitions 11 NCAC 12 .0815 Amend Minimum Benefit Standards for Before January 1 1992 11 NCAC 12 .0820 Amend Minimum Benefit Standards January 1 1992 11 NCAC 12 .0835 Amend Guaranteed Issue for Eligible Persons 11 NCAC 12 .0842 Amend DENR/ENVIRONMENTAL MANAGEMENT COMMISSION Form and Contents of Petition 15A NCAC 02I .0501 Adopt RULES REVIEW COMMISSION 17:02 NORTH CAROLINA REGISTER July 15, 2002 135 Review by a Committee of the Commission 15A NCAC 02I .0502 Adopt Presentation to the Commission 15A NCAC 02I .0503 Adopt Recourse to Denial of Petition 15A NCAC 02I .0504 Adopt DENR/MARINE FISHERIES COMMISSION Definitions 15A NCAC 03I .0101 Amend Possession or Transportation 15A NCAC 03I .0120 Amend Fyke or Hoop Nets 15A NCAC 03J .0111 Amend Prohibited Shellfish 15A NCAC 03K .0101 Amend Shellfish or Seed Management 15A NCAC 03K .0103 Amend Permits for Planting Shellfish from Prohibited 15A NCAC 03K .0104 Amend Depuration of Shellfish 15A NCAC 03K .0107 Amend Marketing Oysters Taken from Private Shellfish 15A NCAC 03K .0205 Amend Oyster Size and Harvest Limit Exemption 15A NCAC 03K .0207 Amend Mechanical Harvest Season 15A NCAC 03K .0302 Amend Snapper Grouper 15A NCAC 03M .0506 Amend Bluefish 15A NCAC 03M .0511 Amend Standards for Shellfish Bottom and Water Column 15A NCAC 03O .0201 Amend Cancellation 15A NCAC 03O .0208 Amend Procedures and Requirements to Obtain Permits 15A NCAC 03O .0501 Amend DENR/SOIL AND WATER CONSERVATION COMMISSION Purpose 15A NCAC 06H .0101 Adopt Definitions 15A NCAC 06H .0102 Adopt Approval of Best Management Practices (PMPs) 15A NCAC 06H .0103 Adopt Approval of Water Quality Technical Specialists 15A NCAC 06H .0104 Adopt Application of BMP Approval and Technical Special 15A NCAC 06H .0105 Adopt DENR/COMMISSION FOR HEALTH SERVICES STDS for the MGMT of Specific HW/Types HWM Facility 15A NCAC 13A .0111 Amend Definitions 15A NCAC 13A .1801 Amend OCCUPATIONAL LICENSING BOARDS/NC BOARD OF NURSING License By Examination 21 NCAC 36 .0211 Amend Licensure Without Examination (By Endorsement) 21 NCAC 36 .0218 Amend NC STATE BOARD OF COMMUNITY COLLEGES Education Services for Minors 23 NCAC 02C .0305 Amend Fee Waivers for the Human Resources 23 NCAC 02D .0319 Amend Budget FTE Funding 23 NCAC 02D .0326 Amend Program Classification 23 NCAC 02E .0101 Amend Work Station Occupational Skills Training 23 NCAC 02E .0402 Amend Instruction to Captive or Co-Opted Groups 23 NCAC 02E .0403 Amend Assistance for Economic Development 23 NCAC 02E .0404 Adopt AGENDA RULES REVIEW COMMISSION July 18, 2002 I. Call to Order and Opening Remarks II. Review of minutes of last meeting III. Follow Up Matters A. DHHS/Commission for MH/DD/SAS – 10 NCAC 14J .0206 Objection 04/18/02 (Bryan) B. NC Medical Board – 21 NCAC 32B .0101; .0104; .0105; .0106 Objection 04/18/02 (Bryan) C. NC Medical Board – 21 NCAC 32M .0112 Objection 04/18/02 (Bryan) IV. Commission Business V. Next meeting: CONTESTED CASE DECISIONS 17:02 NORTH CAROLINA REGISTER July 15, 2002 136 This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. Also, the Contested Case Decisions are available on the Internet at the following address: http://www.ncoah.com/hearings. OFFICE OF ADMINISTRATIVE HEARINGS Chief Administrative Law Judge JULIAN MANN, III Senior Administrative Law Judge FRED G. MORRISON JR. ADMINISTRATIVE LAW JUDGES Sammie Chess Jr. James L. Conner, II Beecher R. Gray Beryl E. Wade Melissa Owens Lassiter A. B. Elkins II CASE DATE OF PUBLISHED DECISION AGENCY NUMBER ALJ DECISION REGISTER CITATION ALCOHOL BEVERAGE CONTROL COMMISSION NC ABC Commission v. Acme Retail, Inc. T/A Handy Pantry 01 ABC 1325 Chess 05/21/02 CRIME CONTROL AND PUBLIC SAFETY Hattie Holt v. NC Crime Victims Compensation Commission 00 CPS 1067 Conner 05/30/02 Linda Hawley v. NC Crime Victims Compensation Commission 02 CPS 0121 Conner 06/14/02 HEALTH AND HUMAN SERVICES Adam Syare v. NCDHHS, Div. of MH/DD/SAS, Southeastern 01 DHR 2352 Conner 06/21/02 Regional Mental Health Center Sarah D. Freeman & Tony J. Freeman v. Guilford Co. Mental Health, 02 DHR 0083 Chess 06/07/02 The Guilford Center Unieca Richardson v. NC DHHS, Division of Facility Services 02 DHR 0286 Chess 06/17/02 Hazel Chea v. Department of Health & Human Services 02 DHR 0795 Mann 06/11/02 JUSTICE Alarm Systems Licensing Board Seth Paul Barham v. Alarm System Licensing Board 02 DOJ 0552 Gray 06/12/02 Christopher Michael McVicker v. Alarm Systems Licensing Board 02 DOJ 0731 Gray 06/07/02 Private Protective Services Board Anthony Davon Webster v. Private Protective Services Board 01 DOJ 1857 Gray 06/07/02 Orlando Carmichael Wall v. Private Protective Services Board 02 DOJ 0729 Gray 06/18/02 Randall G. Bryson v. Private Protective Services Board 02 DOJ 0730 Gray 06/07/02 Sheriffs' Education & Training Standards Commission Frances Sherene Hayes v. Criminal Justice & Training Stds. Comm. 02 DOJ 0171 Mann 06/04/02 ENVIRONMENT AND NATURAL RESOURCES Bipin B Patel Rajan, Inc. v. NC DENR, Div. of Waste Management 02 EHR 0244 Gray 06/05/02 J.L. Hope & wife, Ruth B. Hope v. NC DENR 02 EHR 0395 Mann 06/10/02 ENGINEERS AND LAND SURVEYORS NC Bd. of Examiners for Engineers & Surveyors v. C Phil Wagoner 01 ELS 0078 Lewis 06/05/02 OFFICE OF STATE PERSONNEL Andre Foster v. Winston-Salem State University 00 OSP 12161 Mann 06/03/02 17:01 NCR 93 J Louise Roseborough v. Wm F. Scarlett, Dir. of Cumberland 01 OSP 0734 Morgan 06/06/02 County Department of Social Services Andre Foster v. Winston-Salem State University 01 OSP 13881 Mann 06/03/02 17:01 NCR 93 Wayne G. Whisemant v. Foothills Area Authority 01 OSP 1612 Elkins 05/30/02 17:01 NCR 103 Joseph Kevin McKenzie v. NC DOC, Lavee Hamer (Gen. Counsel 01 OSP 2241 Mann 06/05/02 to the Section) Mark Wayne Faircloth v. NC Forest Service 01 OSP 2374 Conner 06/20/02 Susan Luke aka Susan Luke Young v. Gaston-Lincoln-Cleveland 02 OSP 0140 Conner 06/06/02 Area Mental Health "Pathways" 1 Combined Cases CONTESTED CASE DECISIONS 17:02 NORTH CAROLINA REGISTER July 15, 2002 137 Mark P. Gibbons v. NC Department of Transportation 02 OSP 0147 Conner 06/14/02 Cathy L. White v. NC Department of Corrections 02 OSP 0246 Elkins 05/31/02 Doris J. Berry v. NC Department of Transportation 02 OSP 0247 Elkins 06/17/02 Darrell Glenn Fender v. Avery/Mitchell Correctional Institution 02 OSP 0290 Mann 06/14/02 Alber L. Scott v. UNC General Administration 02 OSP 0336 Elkins 06/10/02 Alber L. Scott v. UNC General Administration 02 OSP 0498 Elkins 06/10/02 SUBSTANCE ABUSE PROFESSIONAL BOARD NC Substance Abuse Professional Certification Board v. Lynn 00 SAP 1573 Chess 05/10/02 Cameron Gladden |
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