§ 131D-4.5. Rules adopted by Medical Care Commission. - North Carolina Statutes

§ 131D‑4.5.  Rulesadopted by Medical Care Commission.

The Medical Care Commissionshall adopt rules as follows:

(1)        Establishing minimummedication administration standards for adult care homes. The rules shallinclude the minimum staffing and training requirements for medication aides andstandards for professional supervision of adult care homes' medicationcontrols. The requirements shall be designed to reduce the medication errorrate in adult care homes to an acceptable level. The requirements shall include,but need not be limited to, all of the following:

a.         Training formedication aides, including periodic refresher training.

b.         Standards formanagement of complex medication regimens.

c.         Oversight bylicensed professionals.

d.         Measures to ensureproper storage of medication.

(2)        Establishingtraining requirements for adult care home staff in behavioral interventions.The training shall include appropriate responses to behavioral problems posedby adult care residents. The training shall emphasize safety and humane careand shall specifically include alternatives to the use of restraints.

(3)        Establishing minimumtraining and education qualifications for supervisors in adult care homes andspecifying the safety responsibilities of supervisors.

(4)        Specifying thequalifications of staff who shall be on duty in adult care homes during variousportions of the day in order to assure safe and quality care for the residents.The rules shall take into account varied resident needs and population mixes.

(5)        Implementing the dueprocess and appeal rights for discharge and transfer of residents in adult carehomes afforded by G.S. 131D‑21. The rules shall offer at least the sameprotections to residents as State and federal rules and regulations governingthe transfer or discharge of residents from nursing homes.

(6)        Establishingprocedures for determining the compliance history of adult care homes'principals and affiliates. The rules shall include criteria for refusing tolicense facilities which have a history of, or have principals or affiliateswith a history of, noncompliance with State law, or disregard for the health,safety, and welfare of residents.

(7)        For the licensure ofspecial care units in accordance with G.S. 131D‑4.6, and for disclosuresrequired to be made under G.S. 131D‑8.

(8)        For time limitedprovisional licenses and for granting extensions for provisional licenses.

(9)        For the issuance ofcertificates to adult care homes as authorized under G.S. 131D‑10. (1999‑334, s. 1.1; 2000‑111,s. 2; 2007‑544, s. 3(a).)