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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:

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"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 26D, DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION | 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 26D 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 ‑ SCOPE AND DEFINITIONS 10A NCAC 26D .0101 SCOPE 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 ‑ SCOPE AND DEFINITIONS 10A NCAC 26D .0102 REQUIRED SERVICES 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 ‑ SCOPE AND DEFINITIONS 10A NCAC 26D .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 .0200 ‑ ORGANIZATIONAL RESPONSIBILITIES 10A NCAC 26D .0201 COORDINATION AND DELIVERY OF SERVICES 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 ‑ ORGANIZATIONAL RESPONSIBILITIES 10A NCAC 26D .0202 ORGANIZATIONAL CHART 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 ‑ ORGANIZATIONAL RESPONSIBILITIES 10A NCAC 26D .0203 DISTRIBUTION OF STANDARDS 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 ‑ ORGANIZATIONAL RESPONSIBILITIES 10A NCAC 26D .0204 COMPLIANCE WITH RULES 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 ‑ ORGANIZATIONAL RESPONSIBILITIES 10A NCAC 26D .0205 GRIEVANCE RULE 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 ‑ REQUIRED STAFF 10A NCAC 26D .0301 PSYCHIATRIST 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 ‑ REQUIRED STAFF 10A NCAC 26D .0302 PSYCHOLOGIST 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 ‑ REQUIRED STAFF 10A NCAC 26D .0303 REGISTERED NURSE 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 ‑ REQUIRED STAFF 10A NCAC 26D .0304 SOCIAL WORKER 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 ‑ REQUIRED STAFF 10A NCAC 26D .0305 SUPPORT STAFF 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 .0400 ‑ ORGANIZATIONAL RELATIONS 10A NCAC 26D .0401 COORDINATION OF SERVICES 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 .0400 ‑ ORGANIZATIONAL RELATIONS 10A NCAC 26D .0402 INFORMATION AND OUTREACH SERVICES 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 .0400 ‑ ORGANIZATIONAL RELATIONS 10A NCAC 26D .0403 AGREEMENT WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0501 SCOPE 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0502 QUALITY ASSURANCE PLAN 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0503 QUALITY ASSURANCE COMMITTEE 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0504 CLIENT CARE EVALUATION STUDIES 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0505 CLIENT RECORD REVIEW 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0506 SUPERVISION OF MENTAL HEALTH AND MENTAL RETARDATION STAFF 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0507 PRIVILEGING OF ALL PROFESSIONAL STAFF 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0508 EMPLOYEE EDUCATION AND TRAINING 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0509 PROGRAM EVALUATION ACTIVITIES 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 .0500 ‑ QUALITY ASSURANCE 10A NCAC 26D .0510 QUALITY ASSURANCE ANNUAL REPORT 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 .0600 ‑ FACILITIES MANAGEMENT 10A NCAC 26D .0601 SCOPE 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 .0600 ‑ FACILITIES MANAGEMENT 10A NCAC 26D .0603 SPACE REQUIREMENTS 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 .0600 ‑ FACILITIES MANAGEMENT 10A NCAC 26D .0604 ADDITIONAL REQUIREMENTS FOR RESIDENTIAL/INPATIENT UNITS 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0701 SCOPE 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0702 STANDARD 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0703 RECORD REQUIREMENTS 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0704 CONFIDENTIALITY OF 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0705 DIAGNOSTIC CODING 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 .0700 ‑ CLIENT RECORDS 10A NCAC 26D .0706 CLIENT RECORD AVAILABILITY 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 .0800 ‑ SERVICE ELIGIBILITY 10A NCAC 26D .0801 SCOPE 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 .0800 ‑ SERVICE ELIGIBILITY 10A NCAC 26D .0802 SERVICE CRITERIA 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 .0800 ‑ SERVICE ELIGIBILITY 10A NCAC 26D .0803 SCREENING 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 .0800 ‑ SERVICE ELIGIBILITY 10A NCAC 26D .0804 WAITING LISTS 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 .0800 ‑ SERVICE ELIGIBILITY 10A NCAC 26D .0805 INFORMATION REGARDING AVAILABILITY TO SERVICES 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0901 SCOPE 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0902 ADMISSION ASSESSMENT 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0903 EVALUATION AND DIAGNOSIS 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0904 TREATMENT OR HABILITATION PLAN 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0905 PROGRESS NOTES 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0906 TRANSFER OR DISCHARGE SUMMARY 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0907 TREATMENT AND HABILITATION COORDINATION 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 .0900 ‑ TREATMENT AND HABILITATION 10A NCAC 26D .0908 RELEASE PLANNING IN RESIDENTIAL AND INPATIENT SERVICES 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 .1000 ‑ CLINICAL SERVICES 10A NCAC 26D .1001 SCOPE 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 .1000 ‑ CLINICAL SERVICES 10A NCAC 26D .1002 COUNSELING AND PSYCHOTHERAPY SERVICES 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 .1000 ‑ CLINICAL SERVICES 10A NCAC 26D .1003 SPECIALIZED THERAPIES 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 .1000 ‑ CLINICAL SERVICES 10A NCAC 26D .1004 TESTING SERVICES 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 .1100 ‑ MEDICATION SERVICES 10A NCAC 26D .1101 SCOPE 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 .1100 ‑ MEDICATION SERVICES 10A NCAC 26D .1102 DISPENSING OF MEDICATION 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 .1100 ‑ MEDICATION SERVICES 10A NCAC 26D .1103 ADMINISTRATION OF MEDICATION 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 .1100 ‑ MEDICATION SERVICES 10A NCAC 26D .1104 INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1100 ‑ MEDICATION SERVICES 10A NCAC 26D .1105 PSYCHOTROPIC MEDICATION EDUCATION Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1201 SCOPE 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 .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1202 USE OF SECLUSION Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1203 USE OF RESTRAINT Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1204 PROTECTIVE DEVICES Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1205 VOLUNTARY REFERRALS AND TRANSFERS 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 .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1206 INVOLUNTARY REFERRALS AND TRANSFERS Link goes outside of NC DHHS Readopted Eff. March 1, 2019 Necessary No
SECTION .1200 ‑ PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 26D .1207 TRANSFER TO RESIDENTIAL OR INPATIENT UNITS 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 .1300 ‑ RESEARCH PRACTICES 10A NCAC 26D .1301 SCOPE 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 .1300 ‑ RESEARCH PRACTICES 10A NCAC 26D .1302 RESEARCH REVIEW BOARD 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 .1300 ‑ RESEARCH PRACTICES 10A NCAC 26D .1303 CONDITIONS OF CLIENT PARTICIPATION 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 .1400 ‑ EMERGENCY SERVICES 10A NCAC 26D .1401 SCOPE 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 .1400 ‑ EMERGENCY SERVICES 10A NCAC 26D .1402 TRAINING OF STAFF 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 .1500 ‑ PREVENTION SERVICES 10A NCAC 26D .1501 SCOPE 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 .1600 ‑ INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL 10A NCAC 26D .1601 SCOPE 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 .1600 ‑ INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL 10A NCAC 26D .1602 HOURS OF OPERATION 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 .1600 ‑ INPATIENT SERVICES FOR INMATES WHO ARE MENTALLY ILL 10A NCAC 26D .1603 REQUIRED SERVICES 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
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