122C-26. Powers of the Commission.
In addition to other powers and duties, the Commission shall exercise the following powers and duties:
(1) 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;
(2) Issue declaratory rulings needed to implement the provisions and purposes of this Article;
(3) Adopt rules governing appeals of decisions to approve or deny licensure under this Article;
(4) Adopt rules for the waiver of rules adopted under this Article; and
(5) Adopt rules applicable to facilities licensed under this Article that do the following:
a. Establishing personnel requirements of staff employed in facilities.
b. Establishing qualifications of facility administrators or directors.
c. Establishing requirements for death reporting including confidentiality provisions related to death reporting.
d. Establishing requirements for patient advocates.
e. 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.
f. 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.
(6) Adopt rules providing for the licensure and accreditation of residential treatment facilities that provide services to persons with traumatic brain injury. (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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
§ 122C-22 - Exclusions from licensure; deemed status[Effective until January 1, 2023]
§ 122C-23 - (Effective until contingency met see note) Licensure.
§ 122C-23.1 - Licensure of residential treatment facilities.
§ 122C-24 - Adverse action on a license.
§ 122C-24.1 - Penalties; remedies.
§ 122C-25 - Inspections; confidentiality.
§ 122C-26 - Powers of the Commission.
§ 122C-27 - Powers of the Secretary.
§ 122C-27.5 - Waiver of rules and increase in bed capacity during an emergency.
§ 122C-28.1 - Facilities in violation of this Article.
§ 122C-30 - Peer review committee; immunity from liability; confidentiality.
§ 122C-31 - Report required upon death of client.
§ 122C-32 - Patient visitation rights for residents of residential treatment facilities.