131E-140. Rules and enforcement.
(a) The Commission may adopt, amend and repeal all rules necessary for the implementation of this Part and Part 3A of Article 6 of this Chapter. Provided, these rules shall not extend, modify, or limit the licensing of individual health professionals by their respective licensing boards; nor shall these rules in any way be construed to extend the appropriate scope of practice of any individual health care provider. Rules authorized under this section include rules:
(1) That recognize the different types of home care services and shall adopt specific requirements for the provision of each type of home care service.
(2) To establish staff qualifications, including professional requirements for home care agency staff. The rules may require that one or more staff of an agency be either licensed or certified. The rules may establish minimum training and education qualifications for staff and may include the recognition of professional certification boards for those professions not licensed or certified under other provisions of the North Carolina General Statutes provided that the professional board evaluates applicants on a basis that protects the public health, safety, or welfare.
(3) For the purpose of ensuring effective supervision of in-home aide staff and timely provision of services, the Commission shall adopt rules defining geographic service areas for in-home aide services and staffing qualifications for licensed home care agencies.
(4) Prohibiting licensed home care agencies from hiring individuals listed on the Health Care Personnel Registry in accordance with G.S. 131E-256(a)(1).
(5) Requiring applicants for home care licensure to receive training in the requirements for licensure, the licensure process, and the rules pertaining to the operation of a home care agency.
(a1) The Commission shall adopt rules defining the scope of permissible advertising and promotional practice by home care agencies.
(b) The Department shall enforce the rules adopted or amended by the Commission with respect to home care agencies and shall conduct an inspection of each agency at least every three years. (1971, c. 539, s. 1; 1973, c. 476, s. 128; 1983, c. 775, s. 1; 1991, c. 59, s. 1; c. 761, s. 34; 2005-276, ss. 10.40A(a), 10.40A(o).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 131E - Health Care Facilities and Services
Article 6 - Health Care Facility Licensure Act.
§ 131E-102 - Licensure requirements.
§ 131E-103 - Adverse action on a license.
§ 131E-104 - Rules and enforcement.
§ 131E-106 - Evaluation of residents in adult care homes.
§ 131E-107 - Quality assurance, medical, or peer review committees.
§ 131E-112 - Waiver of rules and increase in bed capacity during an emergency.
§ 131E-112.7 - Patient visitation rights for nursing home residents and combination home residents.
§ 131E-113 - Immunization of employees and residents.
§ 131E-114 - Special care units; disclosure of information required.
§ 131E-114.1 - Posting of information indicating number of staff on duty.
§ 131E-114.2 - Use of medication aides to perform technical aspects of medication administration.
§ 131E-114.3 - Smoking prohibited inside long-term care facilities; penalty.
§ 131E-115 - Legislative intent.
§ 131E-117 - Declaration of patient's rights.
§ 131E-118 - Transfer of management responsibilities.
§ 131E-119 - No waiver of rights.
§ 131E-120 - Notice to patient.
§ 131E-121 - Responsibility of administrator.
§ 131E-124 - Enforcement and investigation; confidentiality.
§ 131E-125 - Revocation of a license.
§ 131E-127 - No interference with practice of medicine or physician-patient relationship.
§ 131E-128 - Nursing home advisory committees.
§ 131E-128.1 - Nursing home medication management advisory committee.
§ 131E-128.3 - Staff orientation on medication error prevention.
§ 131E-128.4 - Nursing home pharmacy reports; duties of consultant pharmacist.
§ 131E-129 - Penalties; remedies.
§ 131E-130 - First available bed priority for certain nursing home patients.
§ 131E-131 - Rule-making authority; enforcement.
§ 131E-137 - Services to be provided in all counties.
§ 131E-138 - Licensure requirements.
§ 131E-139 - Adverse action on a license.
§ 131E-140 - Rules and enforcement.
§ 131E-141.1 - Penalties for violation.
§ 131E-143 - Smoking prohibited; penalty.
§ 131E-144.1 - Legislative intent.
§ 131E-144.3 - Declaration of home care clients' rights.
§ 131E-144.4 - Notice to client.
§ 131E-144.5 - Implementation.
§ 131E-144.6 - Enforcement and investigation.
§ 131E-144.7 - Confidentiality.
§ 131E-147 - Licensure requirement.
§ 131E-147.1 - Fair billing and collections practices for ambulatory surgical facilities.
§ 131E-148 - Adverse action on a license.
§ 131E-149 - Rules and enforcement.
§ 131E-154.1 - Title; purpose.
§ 131E-154.4 - Rules and enforcement.
§ 131E-154.6 - Adverse action on a license; appeal procedures.
§ 131E-154.8 - Confidentiality.