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

§ 122C‑26.  Powers ofthe Commission.

In addition to other powersand duties, the Commission shall exercise the following powers and duties:

(1)        Adopt, amend, andrepeal rules consistent with the laws of this State and the laws andregulations of the federal government to implement the provisions and purposesof this Article;

(2)        Issue declaratoryrulings needed to implement the provisions and purposes of this Article;

(3)        Adopt rulesgoverning appeals of decisions to approve or deny licensure under this Article;

(4)        Adopt rules for thewaiver of rules adopted under this Article; and

(5)        Adopt rulesapplicable to facilities licensed under this Article:

a.         Establishingpersonnel requirements of staff employed in facilities;

b.         Establishingqualifications of facility administrators or directors;

c.         Establishingrequirements for death reporting including confidentiality provisions relatedto death reporting;

d.         Establishingrequirements for patient advocates; and

e.         Requiring facilitypersonnel who refer clients to provider agencies to disclose any pecuniaryinterest the referring person has in the provider agency, or other interestthat may give rise to the appearance of impropriety.

(6)        Adopt rulesproviding for the licensure and accreditation of residential treatmentfacilities 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.)