Mental Health Licensure and Certification Section

Rules

The following rules are essential for all licensed mental health facilities to help formulate the required Operations and Management Policies, Guidelines and Procedures:

10A NCAC Chapter 13 N.C. Medical Care Commission
Subchapter O Health Care Personnel Registry
.0101 Definitions
.0102 Investigating and Reporting Health Care Personnel

10A NCAC Chapter 26 Mental Health, General
Subchapter C Designation of Facilities for the Custody and Treatment of Involuntary Clients

10A NCAC Chapter 27 Mental Health, Community Facilities and Services
Subchapter C Procedures and General Information
Subchapter D General Rights
Subchapter E Treatment or Habilitation Rights
Subchapter F 24-Hour Facilities
Subchapter G Rules for Mental Health, Developmental Disabilities, and Substance Abuse Facilities and Services

Hard copies of these rules may be ordered from the Division of MH/DD/SAS: Phone: 984-236-5000 E-mail: [email protected] Mailing Address: 3001 Mail Service Center, Raleigh NC 27699-3001 (checks or money orders only made payable to Division of Mental Health)

General Statutes

The following N.C. General Statutes are essential for all licensed mental health facilities. This is not an all-inclusive list; a complete list of N.C. General Statutes that govern licensed facilities is available online.

• N.C. General Statute § 122C-6: Smoking Prohibited
• N.C. General Statute § 122C-61: Treatment rights in 24-hour facilities
• N.C. General Statute § 122C-62: Additional rights in 24-hour facilities
• N.C. General Statute § 122C-63 Assurance for Continuity of Care for Individuals with Mental Retardation
• N.C. General Statute § 122C-80 Criminal History; Record Check
• N.C. General Statute § 131E-256 Health Care Personnel Registry

Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) also have Medicaid regulations to follow. The regulations can be found in the appendix of the Medicaid State Operations Manual, Appendix J (PDF, 432 KB).

Psychiatric Residential Treatment Facilities (PRTF) must also adhere to federal regulations. The regulations can be found in the Code of Federal Regulations (CFR) Title 42 Part 483 Subpart G.

Resources

• The N.C. Provider Penalty Tracking Database contains providers, pursuant to N.C. G.S. 122C-23, who have violations that resulted in sanctions against enrolling in a new service or licensing a new facility for a given period of time.
• The DHSR Mental Health Licensure and Certification Section (MHLC) will provide active and current compliance information upon request from an LME/MCO. This information is associated with a facility, not an entire agency or an individual associated with an agency or facility.
  • Facility Compliance Information Request Process (PDF, 56 KB)
  • Facility Compliance Information Form (PDF, 62 KB)