North Carolina § 122C-26 - Powers of the Commission.

§ 122C-26. Powers of the Commission.

In addition to other powers and duties, the Commission shall exercise the following powers and duties: Adopt, amend, and repeal rules consistent with the laws of this State and the laws and regulations of the federal government to implement the provisions and purposes of this Article; Issue declaratory rulings needed to implement the provisions and purposes of this Article; Adopt rules governing appeals of decisions to approve or deny licensure under this Article; Adopt rules for the waiver of rules adopted under this Article; and Adopt rules applicable to facilities licensed under this Article that do the following: Establishing personnel requirements of staff employed in facilities. Establishing qualifications of facility administrators or directors. Establishing requirements for death reporting including confidentiality provisions related to death reporting. Establishing requirements for patient advocates. Requiring facility personnel who refer clients to provider agencies to disclose any pecuniary interest the referring person has in the provider agency, or other interest that may give rise to the appearance of impropriety. Establishing standardized procedures for facilities in training and record keeping of the measures taken to inform employees and volunteers of the duties imposed by G.S. 122C-66. Adopt rules providing for the licensure and accreditation of residential treatment facilities that provide services to persons with traumatic brain injury. History (1983, c. 718, s. 1; 1985, c. 589, s. 2; 2000-55, s. 5; 2005-276, s. 10.33; 2009-361, s. 1; 2015-36, s. 1.) Editor's Note. - Session Laws 2000-55, s. 6, provides that, notwithstanding G.S. 150B-21.1(a) , the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services is to adopt temporary rules to implement G.S. 122C-26(5) . Session Laws 2009-361, s. 2, provides: "The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services may adopt temporary rules to carry out the provisions of Section 1 of this act until July 1, 2010." Session Laws 2009-490, s. 4, as amended by Session Laws 2012-15, s. 2, provides: "The Department of Health and Human Services, Division of Health Service Regulation shall establish a pilot program to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. The pilot program shall be implemented at a facility currently authorized to waive the requirement set forth in 10A NCAC 27G.1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements. The waiver shall remain in effect until December 31, 2015; however, the Division reserves the right to rescind the waiver if, at the time of the facility's license renewal, there are outstanding deficiencies that have remained uncorrected upon follow-up survey, that are related to electronic supervision." Session Laws 2009-490, s. 5, provides: "The Department of Health and Human Services shall report on the implementation of the pilot program described in Section 4 of this act, including any findings and recommendations to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division not later than April 10, 2010." Session Laws 2015-264, s. 91.4(a), provides that: "Notwithstanding any other provision of law, the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance shall remain in effect and shall extend to facilities that are authorized to provide services in accordance with Section .1700 of the North Carolina Administrative Code, Residential Treatment Staff Secure for Children or Adolescents, currently owned or operated with the facility currently authorized to waive the requirement set forth in 10A NCAC 27G .1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements. The waiver for these facilities shall remain in effect; however, the Division reserves the right to rescind the waiver if, at the time of the facility's license renewal, there are outstanding deficiencies that have remained uncorrected upon follow-up surveys that are related to electronic supervision." Session Laws 2015-264, s. 91.4(b) which provided that the section expires on June 30, 2016, was repealed by Session Laws 2016-50, s. 3, effective June 30, 2016. Effect of Amendments. - Session Laws 2005-276, s. 10.33, effective July 1, 2005, added subdivision (5)e., and made minor punctuation changes. Session Laws 2009-361, s. 1, effective July 27, 2009, added subdivision (6). Session Laws 2015-36, s. 1, effective May 26, 2015, in subdivision (5), made minor stylistic and punctuation changes throughout, and added subdivision (5)f. and made a related change.