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To display the the official rule documentation, click on the Rule Name Link goes outside of NC DHHS in the table below.

The public may provide comments for each rule, which will be sent electronically to the administrators at the agency responsible for collecting the comments for each subchapter.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the table below.
  2. Click on the button in the row for that rule.
  3. A form will be displayed, where you can enter and submit your comment.
  4. To comment on rules in another subchapter, click on "Return to the main Rules Review page" link.

"Public comment" is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).


G.S. 150B-21.3A Report for 10A NCAC 26B, CONFIDENTIALITY RULES | Agency - DHHS - Commission for Mental Health/DD/SAS

Periodic Review of Rules

Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services has posted the Initial Determination Report for the rules in 10A NCAC Subchapter 26B of the North Carolina Administrative Code.  Public comment means written comments objecting to the rule, in whole or in part, or objecting to an agency's determination of the rule as necessary or unnecessary; the comment must address the content of the rule to be considered by the Rules Review Commission.  An unnecessary rule is defined as a rule that the agency determines to be obsolete, redundant, or otherwise not needed.  A necessary rule is defined as any rule other than an unnecessary rule.

Public Comment Period:  December 13 through February 11, 2025.

Direct Comments to the following:
Denise Baker
3001 Mail Service Center
Raleigh, NC 27699-3001
E-Mail:  [email protected]

Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination
[150B-21.3A(c)(1)a]		 Implements or Conforms to Federal Regulation [150B-21.3A(d1)] Federal Citation Comment
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0101 PURPOSE AND SCOPE Link goes outside of NC DHHS Amended Eff. September 1, 2021 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0102 GENERAL PROVISIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0103 DEFINITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0104 LIABILITY OF PERSONS WITH ACCESS TO INFORMATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0105 OWNERSHIP OF RECORDS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0106 ALTERATIONS IN THE CLIENT RECORD Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0107 SECURITY OF CONFIDENTIAL INFORMATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0108 ASSURANCE OF CONFIDENTIALITY Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0109 REVIEW OF DECISIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0110 INFORMATION RECEIVED FROM OTHER AGENCIES/INDIVIDUALS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - GENERAL RULES 10A NCAC 26B .0111 INFORMATION PROVIDED TO FAMILY/OTHERS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0201 CONSENT FOR RELEASE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0202 CONSENT FOR RELEASE FORM Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0203 PERSONS WHO MAY SIGN CONSENT FOR RELEASE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0204 VERIFICATION OF AUTHORIZATION IN CASES OF DOUBT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0205 INFORMED CONSENT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0206 PERSONS DESIGNATED TO RELEASE CONFIDENTIAL INFORMATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0207 DOCUMENTATION OF RELEASE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0208 PROHIBITION AGAINST REDISCLOSURE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0209 RELEASE TO HUMAN RIGHTS COMMITTEE MEMBERS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0210 RELEASE TO AREA BOARD MEMBERS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 - RELEASE OF CONFIDENTIAL INFORMATION WITH CONSENT 10A NCAC 26B .0211 RELEASE OF INFORMATION BY INTERNAL CLIENT ADVOCATES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT 10A NCAC 26B .0301 NOTICE TO CLIENT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT 10A NCAC 26B .0302 PERSONS DESIGNATED TO DISCLOSE CONFIDENTIAL INFORMATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 - DISCLOSURE OF CONFIDENTIAL INFORMATION WITHOUT CONSENT 10A NCAC 26B .0304 PROHIBITION AGAINST REDISCLOSURE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
Comments submitted to this website may be considered public record and may be disclosed to parties requesting such records, including the identifiable information that you provide in your comment. You may submit your comment without providing any identifiable information. Voluntarily providing identifiable information does not mean that you will be contacted about your comment.

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