§ 131E-140. Rules and enforcement. - North Carolina Statutes

§ 131E‑140.  Rules and enforcement.

(a)        The Commission may adopt, amend and repeal all rulesnecessary for the implementation of this Part and Part 3A of Article 6 of thisChapter. Provided, these rules shall not extend, modify, or limit the licensingof individual health professionals by their respective licensing boards; norshall these rules in any way be construed to extend the appropriate scope ofpractice of any individual health care provider. Rules authorized under thissection include rules:

(1)        That recognize the different types of home care services andshall adopt specific requirements for the provision of each type of home careservice.

(2)        To establish staff qualifications, including professionalrequirements for home care agency staff. The rules may require that one or morestaff of an agency be either licensed or certified. The rules may establishminimum training and education qualifications for staff and may include therecognition of professional certification boards for those professions notlicensed or certified under other provisions of the North Carolina GeneralStatutes provided that the professional board evaluates applicants on a basisthat protects the public health, safety, or welfare.

(3)        For the purpose of ensuring effective supervision of in‑homeaide staff and timely provision of services, the Commission shall adopt rulesdefining geographic service areas for in‑home aide services and staffingqualifications for licensed home care agencies.

(4)        Prohibiting licensed home care agencies from hiringindividuals listed on the Health Care Personnel Registry in accordance withG.S. 131E‑256(a)(1).

(5)        Requiring applicants for home care licensure to receivetraining in the requirements for licensure, the licensure process, and therules pertaining to the operation of a home care agency.

(a1)      The Commission shall adopt rules defining the scope ofpermissible advertising and promotional practice by home care agencies.

(b)        The Department shall enforce the rules adopted or amended bythe Commission with respect to home care agencies and shall conduct aninspection 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).)