131D-7. Waiver of rules for certain adult care homes providing shelter or services during disaster or emergency.
(a) The Division of Health Service Regulation may temporarily waive, during disasters or emergencies declared in accordance with Article 1A of Chapter 166A of the General Statutes, any rules of the Commission pertaining to adult care homes to the extent necessary to allow the adult care home to provide temporary shelter and temporary services requested by the emergency management agency. The Division may identify, in advance of a declared disaster or emergency, rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1A of Chapter 166A of the General Statutes. The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the adult care home. The emergency management agency requesting temporary shelter or temporary services shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(b) As used in this section, "emergency management agency" is as defined in G.S. 166A-19.3. (1999-307, s. 2; 2007-182, s. 1; 2012-12, s. 2(s).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 131D - Inspection and Licensing of Facilities
§ 131D-1 - Recodified as GS0.10 by Session Laws 2009-462, s1(b), effective October 1, 2009.
§ 131D-2.3 - Exemptions from licensure.
§ 131D-2.5 - License and registration fees.
§ 131D-2.6 - Legal action by Department.
§ 131D-2.12 - Training requirements; county departments of social services.
§ 131D-2.13 - Departmental duties.
§ 131D-2.14 - Confidentiality.
§ 131D-2.15 - Resident assessments.
§ 131D-2.17 - Impact on other laws; severability.
§ 131D-2.18 - Application of other laws.
§ 131D-4.1 - Adult care homes; legislative intent.
§ 131D-4.2 - Adult care homes; family care homes; cost reports; exemptions; enforcement.
§ 131D-4.3 - Adult care home rules.
§ 131D-4.4A - Adult care home infection prevention requirements.
§ 131D-4.4B - Guidelines for reporting suspected communicable disease outbreaks.
§ 131D-4.5 - Rules adopted by Medical Care Commission.
§ 131D-4.5A - Fees for medication aides.
§ 131D-4.5B - Adult care home medication aides; training and competency evaluation requirements.
§ 131D-4.5C - Adult care home supervisors; infection control training requirements.
§ 131D-4.6 - Licensure of special care units.
§ 131D-4.7 - Adult care home specialist fund.
§ 131D-4.8 - Discharge of residents; appeals.
§ 131D-6 - Certification of adult day care programs; purpose; definition; penalty.
§ 131D-6.1 - Licensure to offer overnight respite; rules; enforcement.
§ 131D-7 - Waiver of rules and increase in bed capacity during an emergency.
§ 131D-7.1 - Secretary to establish visitation protocols during declared disasters and emergencies.
§ 131D-8 - Adult care home special care units; disclosure of information required.
§ 131D-9 - Immunization of employees and residents of adult care homes.