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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 28D, TREATMENT OR HABILITATION RIGHTS | 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 and the Division of Mental Health, Developmental Disabilities, and Substance Use Services have posted Initial Determination Reports for the rules in 10A NCAC Subchapters 26C, 27C, 27E, 27F, 27H, 27I, 28A, 28B, 28C, 28D, and 28E 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:  September 18 through November 16, 2024.

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 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0103 INDIVIDUALIZED 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. May 1, 2018 Necessary No
SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0104 TRANSFER Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0105 DISCHARGE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0106 CONSENT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0201 LEAST RESTRICTIVE ALTERNATIVE AND PROHIBITED PROCEDURES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0202 ELECTROCONVULSIVE THERAPY Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0203 GENERAL POLICIES REGARDING INTERVENTIVE PROCEDURES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0204 INDICATIONS FOR USE OF SECLUSION AND ISOLATION TIME-OUT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0205 INDICATIONS FOR USE OF PHYSICAL RESTRAINTS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0206 PROCEDURES: SECLUSION, PHYSICAL RESTRAINTS, OR ISOLATION TIME OUT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0207 PROTECTIVE DEVICES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0208 INTERVENTIONS REQUIRING ADDITIONAL SAFEGUARDS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0209 TRAINING: EMPHASIS ON ALTERNATIVES TO RESTRICTIVE INTERVENTIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0200 - PROTECTIONS REGARDING CERTAIN PROCEDURES 10A NCAC 28D .0210 TRAINING IN SECLUSION, PHYSICAL RESTRAINT AND ISOLATION TIME-OUT Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0300 - RIGHT TO REFUSE TREATMENT 10A NCAC 28D .0301 THERAPEUTIC AND DIAGNOSTIC PROCEDURES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0300 - RIGHT TO REFUSE TREATMENT 10A NCAC 28D .0302 INTRUSIVE INTERVENTIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0400 - REFUSAL OF PSYCHOTROPIC MEDICATION 10A NCAC 28D .0401 ADMINISTRATION OF MEDICATIONS IN AN EMERGENCY Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0400 - REFUSAL OF PSYCHOTROPIC MEDICATION 10A NCAC 28D .0402 BEST INTEREST TEST Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0400 - REFUSAL OF PSYCHOTROPIC MEDICATION 10A NCAC 28D .0403 REFUSAL IN STATE FACILITIES OTHER THAN MR CENTERS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0400 - REFUSAL OF PSYCHOTROPIC MEDICATION 10A NCAC 28D .0404 REFUSAL IN REGIONAL MENTAL RETARDATION CENTERS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0101 APPROPRIATE EVALUATION AND TREATMENT OR HABILITATION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 Necessary No
SECTION .0100 - RIGHT TO TREATMENT OR HABILITATION 10A NCAC 28D .0102 MEDICAL AND DENTAL CARE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018 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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