North Carolina § 131D-4 - 5. Rules adopted by Medical Care Commission.

§ 131D-4. 5. Rules adopted by Medical Care Commission.

The Medical Care Commission shall adopt rules as follows: Establishing minimum medication administration standards for adult care homes. The rules shall include the minimum staffing and training requirements for medication aides and standards for professional supervision of adult care homes' medication controls. The requirements shall (i) include compliance with G.S. 131D-4.5B and (ii) be designed to reduce the medication error rate in adult care homes to an acceptable level. The requirements shall include, but need not be limited to, all of the following: Training for medication aides, including periodic refresher training. Standards for management of complex medication regimens. Oversight by licensed professionals. Measures to ensure proper storage of medication. Establishing training requirements for adult care home staff in behavioral interventions. The training shall include appropriate responses to behavioral problems posed by adult care residents. The training shall emphasize safety and humane care and shall specifically include alternatives to the use of restraints. Establishing minimum training and education qualifications for supervisors in adult care homes and specifying the safety responsibilities of supervisors. The minimum training qualifications shall include compliance with G.S. 131D-4.5C. Specifying the qualifications of staff who shall be on duty in adult care homes during various portions of the day in order to assure safe and quality care for the residents. The rules shall take into account varied resident needs and population mixes. Implementing the due process and appeal rights for discharge and transfer of residents in adult care homes afforded by G.S. 131D-21. The rules shall offer protections to residents for safe and orderly transfer and discharge. Establishing procedures for determining the compliance history of adult care homes' principals and affiliates. The rules shall include criteria for refusing to license facilities which have a history of, or have principals or affiliates with a history of, noncompliance with State law, or disregard for the health, safety, and welfare of residents. For the licensure of special care units in accordance with G.S. 131D-4.6, and for disclosures required to be made under G.S. 131D-8. For time limited provisional licenses and for granting extensions for provisional licenses. For the issuance of certificates to adult care homes as authorized under G.S. 131D-10. History (1999-334, s. 1.1; 2000-111, s. 2; 2007-544, s. 3(a); 2011-99, ss. 1, 2; 2011-272, s. 2.) Editor's Note. - G.S. 131D-8, referred to in subdivision (7) of this section, was originally enacted by Session Laws 1999-334, s. 2.1, as G.S. 131D-7. It was renumbered as G.S. 131D-8 by Session Laws 1999-456, s. 61(a), which provided that all references to "G.S. 131D-7" in Session Laws 1999-334, which amended this section, be rewritten to read "G.S. 131D-8." Session Laws 1999-334, s. 3.10, provides that the Secretary of Health and Human Services shall adopt temporary rules in accordance with Chapter 150B of the General Statutes to implement G.S. 131D-4.5 as enacted by this act within 60 days of the date this act became law, July 22, 1999, and that the Secretary's authority to adopt temporary rules expires on the effective date of permanent rules adopted by the Medical Care Commission to implement G.S. 131D-4.5. Session Laws 2007-544, s. 3(c), provides: "The Department of Health and Human Services shall provide a copy of emergency, temporary, and permanent rules adopted pursuant to this section to the North Carolina Study Commission on Aging at the same time the Department submits the adopted rules to the Rules Review Commission for its review under Chapter 150B of the General Statutes." Session Laws 2007-544, s. 4, provides in part that Certificates authorized under this section, as amended by Session Laws 2007-544, s. 3.(a), shall be issued beginning January 1, 2009. Effect of Amendments. - Session Laws 2007-544, s. 3(a), effective August 31, 2007, added subsection (9). Session Laws 2011-99, ss. 1 and 2, effective May 31, 2011, inserted "(i) include compliance with G.S. 131D-4.5B and (ii)" in the third sentence of the introductory paragraph of subdivision (1); and added the last sentence in subdivision (3). Session Laws 2011-272, s. 2, effective October 1, 2011, rewrote the last sentence in subdivision (5), which formerly read: "The rules shall offer at least the same protections to residents as State and federal rules and regulations governing the transfer or discharge of residents from nursing homes."