10A N.C. Admin. Code 27G.0103

Current through Register Vol. 39, No. 9, November 1, 2024

Section 27G .0103 - GENERAL DEFINITIONS

(a) This Rule contains definitions that apply to all of the rules in this Subchapter.

(b) Unless otherwise indicated, the following terms shall have the meanings specified:

(1) "Accreditation" means the authorization granted to an area program by DMH/DD/SAS, as a result of demonstrated compliance with the standards established in these Rules, to provide specified services.

(2) "Administering medication" means direct application of a drug to the body of a client by injection, inhalation, ingestion, or any other means.

(3) "Adolescent" means a minor from 13 through 17 years of age.

(4) "Adult" means a person 18 years of age or older or a person under 18 years of age who has been married or who has been emancipated by a court of competent jurisdiction or is a member of the armed forces.

(5) "Alcohol abuse" means psychoactive substance abuse which is a residual category for noting maladaptive patterns of psychoactive substance use that have never met the criteria for dependence for that particular class of substance and which continues despite adverse consequences. The criteria for alcohol abuse delineated in the DSM IV is incorporated by reference.

(6) "Alcohol dependence" means psychoactive substance dependence which is a cluster of cognitive behavioral, and physiologic symptoms that indicate that a person has impaired control of psychoactive substance use and continues use of the substance despite adverse consequences. The criteria for alcohol dependence delineated in the DSM IV is incorporated by reference.

(7) "Area program" means a legally constituted public agency providing mental health, developmental disabilities and substance abuse services for a catchment area designated by the Commission. For purposes of these Rules, the term "area program" means the same as "area authority" as defined in G.S. 122C-3.

(8) "Assessment" means a procedure for determining the nature and extent of the need for which the individual is seeking service.

(9) "Child" means a minor from birth through 12 years of age.

(10) "Children and adolescents with emotional disturbance" means minors from birth through 17 years of age who have behavioral, mental, or emotional problems which are severe enough to significantly impair their ability to function at home, in school, or in community settings.

(11) "Client" means the same as defined in G.S. 122C-3. Unless otherwise specified, when used in the context of consent, consultation, or other function for a minor or for an adult who lacks the capacity to perform the required function, the term "client" shall include the legally responsible person.

(12) "Client record" means a documented account of all services provided to a client.

(13) "Commission" means the same as defined in G.S. 122C-3.

(14) "Contract agency" means a legally constituted entity with which the area program contracts for a service exclusive of intermittent purchase of service for an individually identified client.

(15) "Day/night service" means a service provided on a regular basis, in a structured environment that is offered to the same individual for a period of three or more hours within a 24-hour period.

(16) "Detoxification" means the physiological withdrawal of an individual from alcohol or other drugs in order that the individual can participate in rehabilitation activities.

(17) "DHSR" means the Division of Health Service Regulation, 701 Barbour Drive, Raleigh, N.C. 27603.

(18) "Direct care staff" means an individual who provides active direct care, treatment, rehabilitation or habilitation services to clients.

(19) "Division Director" means the Director of DMH/DD/SAS.

(20) "DMH/DD/SAS" means the Division of Mental Health, Developmental Disabilities and Substance Abuse Services, 3001 Mail Service Center, Raleigh, NC 27699-3001.

(21) "Documentation" means provision of written or electronic, dated and authenticated evidence of the delivery of client services or compliance with statutes or rules, e.g., entries in the client record, policies and procedures, minutes of meetings, memoranda, reports, schedules, notices and announcements.

(22) "Drug abuse" means psychoactive substance abuse which is a residual category for noting maladaptive patterns of psychoactive substance use that have never met the criteria for dependence for that particular class of substance which continues despite adverse consequences. The criteria for drug abuse delineated in the DSM IV is incorporated by reference.

(23) "Drug dependence" means psychoactive substance dependence which is a cluster of cognitive behavioral, and physiologic symptoms that indicate that a person has impaired control of psychoactive substance use and continues use of the substance despite adverse consequences. The criteria for drug dependence delineated in the DSM IV is incorporated by reference.

(24) "DSM IV" means the publication of that title published by the American Psychiatric Association, 1400 K Street, N.W., Washington, D.C. 20005 at a cost of thirty nine dollars and ninety-five cents ($39.95) for the soft cover edition and fifty four dollars and ninety-five cents ($54.95) for the hard cover edition. Where used in these definitions, incorporation by reference of DSM IV includes subsequent amendments and editions of the referenced material.

(25) "DWI" means driving while impaired, as defined in G.S. 20-138.1.

(26) "Evaluation" means an assessment service that provides for an appraisal of a client in order to determine the nature of the client's problem and his need for services. The services may include an assessment of the nature and extent of the client's problem through a systematic appraisal of any combination of mental, psychological, physical, behavioral, functional, social, economic, and intellectual resources, for the purposes of diagnosis and determination of the disability of the client, the client's level of eligibility, and the most appropriate plan, if any, for services.

(27) "Facility" means the same as defined in G.S. 122C-3.

(28) "Foster parent" means an individual who provides substitute care for a planned period for a child when his own family or legal guardian cannot care for him; and who is licensed by the N.C. Department of Health and Human Services and supervised by the County Department of Social Services, or by a private program licensed or approved to engage in child care or child placing activities.

(29) "Governing body" means, in the case of a corporation, the board of directors; in the case of an area authority, the area board; and in all other cases, the owner of the facility.

(30) "Habilitation" means the same as defined in G.S. 122C-3.

(31) "Hearing" means, unless otherwise specified, a contested case hearing under G.S. 150B, Article 3.

(32) "Incident" means any happening which is not consistent with the routine operation of a facility or service or the routine care of a client and that is likely to lead to adverse effects upon a client.

(33) "Infant" means an individual from birth to one year of age.

(34) "Individualized education program" means a written statement for a child with special needs that is developed and implemented pursuant to 16 NCAC 02E .1500 (Rules Governing Programs and Services for Children with Special Needs) available from the Department of Public Instruction.

(35) "Inpatient service" means a service provided in a hospital setting on a 24-hour basis under the direction of a physician. The service provides continuous, close supervision for individuals with moderate to severe mental or substance abuse problems.

(36) "Legend drug" means a drug that cannot be dispensed without a prescription.

(37) "License" means a permit to operate a facility which is issued by DHSR under G.S. 122C, Article 2.

(38) "Medication" means a substance recognized in the official "United States Pharmacopoeia" or "National Formulary" intended for use in the diagnosis, mitigation, treatment or prevention of disease.

(39) "Minor" means a person under 18 years of age who has not been married or who has not been emancipated by a decree issued by a court of competent jurisdiction or is not a member of the armed forces.

(40) "Operator" means the designated agent of the governing body who is responsible for the management of a licensable facility.

(41) "Outpatient service" means the same as periodic service.

(42) "Parent" means the legally responsible person unless otherwise clear from the context.

(43) "Periodic service" means a service provided on an episodic basis, either regularly or intermittently, through short, recurring visits for persons with mental illness, developmental disability or who are substance abusers.

(44) "Preschool age child" means a child from three to five years old.

(45) "Prevailing wage" means the wage rate paid to an experienced worker who is not disabled for the work to be performed.

(46) "Private facility" means a facility not operated by or under contract with an area program.

(47) "Provider" means an individual, agency or organization that provides mental health, developmental disabilities or substance abuse services.

(48) "Rehabilitation" means training, care and specialized therapies undertaken to assist a client to reacquire or maximize any or all lost skills or functional abilities.

(49) "Residential service," unless otherwise provided in these Rules, means a service provided in a 24-hour living environment in a non-hospital setting where room, board, and supervision are an integral part of the care, treatment, habilitation or rehabilitation provided to the individual.

(50) "School aged youth" means individuals from six through twenty-one years of age.

(51) "Screening" means an assessment service that provides for an appraisal of an individual who is not a client in order to determine the nature of the individual's problem and his need for services. The service may include an assessment of the nature and extent of the individual's problem through a systematic appraisal of any combination of mental, psychological, physical, behavioral, functional, social, economic, and intellectual resources, for the purposes of diagnosis and determination of the disability of the individual, level of eligibility, if the individual will become a client, and the most appropriate plan, if any, for services.

(52) "Secretary" means the Secretary of the Department of Health and Human Services or designee.

(53) "Service" means an activity or interaction intended to benefit another, with, or on behalf of, an individual who is in need of assistance, care, habilitation, intervention, rehabilitation or treatment.

(54) "Service plan" means the same as treatment/habilitation plan defined in this Section.

(55) "Staff member" means any individual who is employed by the facility.

(56) "State facility" means the term as defined in G.S. 122C.

(57) "Support services" means services provided to enhance an individual's progress in his primary treatment/habilitation program.

(58) "System of care" means a spectrum of community based mental health and other necessary services which are organized into a coordinated network to meet the multiple and changing needs of emotionally disturbed children and adolescents.

(59) "Toddler" means an individual from one through two years of age.

(60) "Treatment" means the process of providing for the physical, emotional, psychological and social needs of clients through services.

(61) "Treatment/habilitation plan" means a plan in which one or more professionals, privileged in accordance with the governing body's policy, working with the client and family members or other service providers, document which services will be provided and the goals, objectives and strategies that will be implemented to achieve the identified outcomes. A treatment plan may also be called a service plan.

(62) "Twenty-four hour service" means a service which is provided to a client on a 24-hour continuous basis.

10A N.C. Admin. Code 27G .0103

Authority G.S. 122C-3; 122C-26; 143B-147;
Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.

Authority G.S. 122C-3; 122C-26; 143B-147;
Eff. May 1, 1996.