NC Register Volume 23 Issue 09 - Office of Administrative Hearings

PROPOSED RULES
(b) All bulk pesticide storage tanks must display the appropriate
signal word as shown on the label on all sides exposed to view.
The words shall be either stenciled directly on the containers or
storage tanks or placed on a sign of durable construction which
is firmly attached to the containers and storage tanks. All letters
of said words shall be a minimum of four inches in height and
one inch in width, and shall be printed in contrasting colors to
the containers and storage tanks which are readily visible.
(c) All bulk storage areas shall be posted with a durable sign
stating "PESTICIDE STORAGE," "AUTHORIZED
PERSONNEL ONLY," "IN CASE OF EMERGENCY
CALL______"
(d) Pesticide applicators utilizing bulk storage containers shall
be subject to the same requirements as set forth in this Rule.
Authority G.S. 143-441; 143-461.
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the N.C. Medical Care Commission intends to amend the rule
cited as 10A NCAC 13B .3093.
Proposed Effective Date: April 1, 2009
Public Hearing:
Date: December 17, 2008
Time: 10:00 a.m.
Location: Room 113 Council Building, NC Division of Health
Service Regulation, Dorothea Dix Campus, 701 Barbour Drive,
Raleigh, NC 27603
Reason for Proposed Action: The proposed amendment will
enable hospitals to share medical information with other
providers of medical services in a manner that complies with
HIPAA regulations and state law while continuing to ensure that
only authorized persons have access to protected medical
information and that a written authorization is present in the
record in those situations where such written authorization is
required.
Procedure by which a person can object to the agency on a
proposed rule: An individual may object to the agency on the
proposed rule by submitting written comments on the proposed
rule. They may also object by attending the public hearing and
personally voice their objections during that time.
Comments may be submitted to: Nadine Pfeiffer, Division of
Health Service Regulation, 2701 Mail Service Center, Raleigh,
NC 27699-2701, fax (919) 733-2757, email
DHSR.RulesCoordinator@ncmail.net
Comment period ends: January 2, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission. If the Rules Review Commission
receives written and signed objections in accordance with G.S.
150B-21.3(b2) from 10 or more persons clearly requesting
review by the legislature and the Rules Review Commission
approves the rule, the rule will become effective as provided in
G.S. 150B-21.3(b1). The Commission will receive written
objections until 5:00 p.m. on the day following the day the
Commission approves the rule. The Commission will receive
those objections by mail, delivery service, hand delivery, or
facsimile transmission. If you have any further questions
concerning the submission of objections to the Commission,
please call a Commission staff attorney at 919-733-2721.
Fiscal Impact:
State
Local
Substantive (>$3,000,000)
None
CHAPTER 13 – NC MEDICAL CARE COMMISSION
SECTION .3000 - GENERAL INFORMATION
10A NCAC 13B .3903 PRESERVATION OF MEDICAL
RECORDS
(a) The manager of medical records service shall maintain
medical records, whether original, computer media, or
microfilm, for a minimum of 11 years following the discharge of
an adult patient.
(b) The manager of medical records shall maintain medical
records of a patient who is a minor until the patient's 30th
birthday.
(c) If a hospital discontinues operation, its management shall
make known to the Division where its records are stored.
Records are to be stored in a business offering retrieval services
for at least 11 years after the closure date.
(d) Prior to destruction, public notice shall be made to permit
former patients or their representatives to claim their own
records. Public notice shall be in at least two forms: written
notice to the former patient or their representative and display of
an advertisement in a newspaper of general circulation in the
area of the facility.
(e) The manager of medical records may authorize the
microfilming of medical records. Microfilming may be done on
or off the premises. If done off the premises, the facility shall
provide for the confidentiality and safekeeping of the records.
The original of microfilmed medical records shall not be
destroyed until the medical records department has had an
opportunity to review the processed film for content.
(f) Nothing in this Section shall be construed to prohibit the use
of automation in the medical records service, provided that all of
the provisions in this Rule are met and the information is readily
available for use in patient care.
(g) All medical records are confidential. Only authorized
personnel shall have access to the records. The Where the
written authorization of the a patient is required for the release or
disclosure of health information, the written authorization of the
patient or authorized representative shall be maintained in the
23:09 NORTH CAROLINA REGISTER NOVEMBER 3, 2008
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