Adult Care Home and Family Care Home Rules
Pursuant to GS 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years, or they shall expire. As a result of the periodic review of Subchapters 10A NCAC 13F, Licensing of Adult Care Homes of Seven or More Beds, and 10A NCAC 13G, Licensing of Family Care Homes, these 20 proposed readoption rules were part of the 97 total rules determined as “Necessary With Substantive Public Interest,” requiring readoption. With input from stakeholders, substantive changes are proposed to nine rules for readoption, 10 rules are proposed without substantive changes for readoption, and one rule is proposed for readoption as a repeal. In addition, four rules are proposed for amendment, and one rule is proposed for repeal for the regulation of licensed Adult Care Homes and Family Care Homes in N.C. The secondary intent of the proposed rules is to make the rules of these two types of assisted living residences comparable, if not the same, for regulatory efficiency since they both house the same type of residents as permitted by laws.
The proposed rules for Adult Care Homes and Family Care Homes add the requirement for the results of the examination and screening for controlled substances for each staff person. The rules require completion of and list requirements for the facility staff personal care training and competency program curriculum, require documentation of training and competency in the facility, and list and update training requirement exemptions. The rules update the educational requirements and the exemptions for completion of the basic activity director course for the activity director in an adult care and family care home. The proposed rules allow an immunizing pharmacist to validate staff competency for specific personal care tasks. The rules remove the staff CPR training exemption and add an equipment requirement in the facility for CPR trained staff for resuscitation use. Proposed Rules 10A NCAC 13F .0502 and 10A NCAC 13G .0502 are not necessary because the requirements from these rules for personal care training and competency were moved to other rules within the Subchapters, therefore these rules are proposed for repeal and proposed for readoption as a repeal, respectively. In addition, the proposed rules update standards, update and correct repealed and recodified statutes, clarify rule text, remove unecessary text, make technical changes, and remove unnecessary and outdated requirements.
- Notification of proposed readoption/amendment/repeal rules
- Proposed Effective Date: October 1, 2022
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Public Comment Period: March 15, 2022 – May 16, 2022
Comments may be submitted by:- Email: [email protected]
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: April 28, 2022
- Time: 10:00 a.m.
- Teleconference: Phone number 1-877-848-7030; Access Code 5133201
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The fiscal note was approved by:
- OSBM on January 28, 2022
- N.C. Medical Care Commission on February 11, 2022
- Rule Fiscal Note
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Federal Certification required by GS 150B-19.1(g)
- Not applicable for these rules
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The notice of text as approved by the N.C. Medical Care Commission on February 11, 2022:
- 10A NCAC 13F .0404
- 10A NCAC 13F .0407
- 10A NCAC 13F .0501
- 10A NCAC 13F .0502
- 10A NCAC 13F .0503
- 10A NCAC 13F .0504
- 10A NCAC 13F .0508
- 10A NCAC 13F .0905
- 10A NCAC 13F .1006
- 10A NCAC 13F .1008
- 10A NCAC 13F .1010
- 10A NCAC 13F .1207
- 10A NCAC 13G .0404
- 10A NCAC 13G .0406
- 10A NCAC 13G .0501
- 10A NCAC 13G .0502
- 10A NCAC 13G .0503
- 10A NCAC 13G .0504
- 10A NCAC 13G .0507
- 10A NCAC 13G .0508
- 10A NCAC 13G .0903
- 10A NCAC 13G .0905
- 10A NCAC 13G .1005
- 10A NCAC 13G .1006
- 10A NCAC 13G .1208
- Public Comments
- Technical Changes
- 10A NCAC 13F .0404
- 10A NCAC 13F .0407
- 10A NCAC 13F .0501
- 10A NCAC 13F .0503
- 10A NCAC 13F .0504
- 10A NCAC 13F .0508
- 10A NCAC 13F .0905
- 10A NCAC 13F .1006
- 10A NCAC 13F .1008
- 10A NCAC 13F .1010
- 10A NCAC 13G .0404
- 10A NCAC 13G .0406
- 10A NCAC 13G .0501
- 10A NCAC 13G .0503
- 10A NCAC 13G .0504
- 10A NCAC 13G .0508
- 10A NCAC 13G .0903
- 10A NCAC 13G .0905
- 10A NCAC 13G .1005
- 10A NCAC 13G .1006
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.
- These rules were approved by the Rules Review Commission on September 15, 2022:
- 10A NCAC 13F .0404
- 10A NCAC 13F .0407
- 10A NCAC 13F .0501
- 10A NCAC 13F .0502
- 10A NCAC 13F .0503
- 10A NCAC 13F .0504
- 10A NCAC 13F .0508
- 10A NCAC 13F .0905
- 10A NCAC 13F .1006
- 10A NCAC 13F .1008
- 10A NCAC 13F .1010
- 10A NCAC 13F .1207
- 10A NCAC 13G .0404
- 10A NCAC 13G .0406
- 10A NCAC 13G .0501
- 10A NCAC 13G .0502
- 10A NCAC 13G .0503
- 10A NCAC 13G .0504
- 10A NCAC 13G .0507
- 10A NCAC 13G .0508
- 10A NCAC 13G .0903
- 10A NCAC 13G .0905
- 10A NCAC 13G .1005
- 10A NCAC 13G .1006
- 10A NCAC 13G .1208
- The effective date of these rules is October 1, 2022.