Ambulatory Surgical Facilities Rules
Pursuant to G.S. 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 subchapter 10A NCAC 13C, Licensing of Ambulatory Surgical Facilities, 5 of these 10 proposed rules were part of the nine rules that were determined as "Necessary With Substantive Public Interest," requiring readoption. In addition, 3 of these 10 rules are proposed for amendment and two rules are proposed for repeal. Of these 10 proposed rules, three rules, 10A NCAC 13C .1401-.1403, are being amended to adopt the guidelines of the Facility Guidelines Institute (FGI) for ambulatory surgical center facilities so that licensed ambulatory surgical centers in N.C. will be designed and constructed in compliance with a national standard of practice. Following the national standards will benefit the quality of physical plant safety provided to citizens of N.C. in these facilities. Proposed rule 10A NCAC 13C .1404 is being readopted with substantive changes for granting equivalencies to requirement alternate design and functional variations and to clarify regulatory conflict. The four revised proposed rules contain all the necessary construction requirements for these licensed ambulatory surgical care facilities. Therefore, rules 10A NCAC 13C .1405 - .1407 and .1410 are proposed for readoption as a repeal and rules 10A NCAC 13C .1408 and .1409 are proposed for repeal as they are no longer needed.
- Notification of proposed adoption/amendment of rules (PDF, 46 KB)
- Proposed Effective Date: January 1, 2020
- Public Comment Period: June 17, 2019 - August 16, 2019
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;
- Public Hearing
- Date: July 25, 2019
- Time: 10:00 a.m.
- Location: Room 123B, Williams Building, 1800 Umstead Drive, Raleigh, NC 27603 located in the Dorothea Dix Park
- The fiscal note was approved by OSBM on 4/4/2019 and was
approved by the N.C. Medical Care Commission on 5/10/2019.
- Rule Fiscal Note (PDF, 338 KB)
- Federal Certification required by G.S. 150B-19.1(g)
- Federal Certification (PDF, 43 KB)
- 42 CFR 416.40 (PDF, 49 KB)
- 42 CFR 416.44 (PDF, 272 KB)
- 42 CFR 416.54 (PDF, 409 KB)
- The notice of text as approved by the N.C. Medical Care Commission, 5/10/2019
- 10A NCAC 13C .1401 (PDF, 17 KB)
- 10A NCAC 13C .1402 (PDF, 39 KB)
- 10A NCAC 13C .1403 (PDF, 16 KB)
- 10A NCAC 13C .1404 (PDF, 22 KB)
- 10A NCAC 13C .1405-.1407 (PDF, 9 KB)
- 10A NCAC 13C .1408-.1409 (PDF, 9 KB)
- 10A NCAC 13C .1410 (PDF, 9 KB)
- Report of public hearing that was held on July 25, 2019 (PDF, 50 KB)
- Proposed changes to rules published in N.C. Register
- 10A NCAC 13C .1403 (PDF, 19 KB)
- These rules were approved by the Rules Review Commission on 12/19/2019
- 10A NCAC 13C .1401 (13 KB)
- 10A NCAC 13C .1402 (20 KB)
- 10A NCAC 13C .1403 (13 KB)
- 10A NCAC 13C .1404 (11 KB)
- 10A NCAC 13C .1405-.1407 (9 KB)
- 10A NCAC 13C .1408-.1409 (9 KB)
- 10A NCAC 13C .1410 (8 KB)
- 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.