NC Register Volume 23 Issue 09 - Office of Administrative Hearings
NC Register Volume 23 Issue 09 - Office of Administrative Hearings
NC Register Volume 23 Issue 09 - Office of Administrative Hearings
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PROPOSED RULES<br />
(b) All bulk pesticide storage tanks must display the appropriate<br />
signal word as shown on the label on all sides exposed to view.<br />
The words shall be either stenciled directly on the containers or<br />
storage tanks or placed on a sign <strong>of</strong> durable construction which<br />
is firmly attached to the containers and storage tanks. All letters<br />
<strong>of</strong> said words shall be a minimum <strong>of</strong> four inches in height and<br />
one inch in width, and shall be printed in contrasting colors to<br />
the containers and storage tanks which are readily visible.<br />
(c) All bulk storage areas shall be posted with a durable sign<br />
stating "PESTICIDE STORAGE," "AUTHORIZED<br />
PERSONNEL ONLY," "IN CASE OF EMERGE<strong>NC</strong>Y<br />
CALL______"<br />
(d) Pesticide applicators utilizing bulk storage containers shall<br />
be subject to the same requirements as set forth in this Rule.<br />
Authority G.S. 143-441; 143-461.<br />
TITLE 10A – DEPARTMENT OF HEALTH AND HUMAN<br />
SERVICES<br />
Notice is hereby given in accordance with G.S. 150B-21.2 that<br />
the N.C. Medical Care Commission intends to amend the rule<br />
cited as 10A <strong>NC</strong>AC 13B .3<strong>09</strong>3.<br />
Proposed Effective Date: April 1, 20<strong>09</strong><br />
Public Hearing:<br />
Date: December 17, 2008<br />
Time: 10:00 a.m.<br />
Location: Room 113 Council Building, <strong>NC</strong> Division <strong>of</strong> Health<br />
Service Regulation, Dorothea Dix Campus, 701 Barbour Drive,<br />
Raleigh, <strong>NC</strong> 27603<br />
Reason for Proposed Action: The proposed amendment will<br />
enable hospitals to share medical information with other<br />
providers <strong>of</strong> medical services in a manner that complies with<br />
HIPAA regulations and state law while continuing to ensure that<br />
only authorized persons have access to protected medical<br />
information and that a written authorization is present in the<br />
record in those situations where such written authorization is<br />
required.<br />
Procedure by which a person can object to the agency on a<br />
proposed rule: An individual may object to the agency on the<br />
proposed rule by submitting written comments on the proposed<br />
rule. They may also object by attending the public hearing and<br />
personally voice their objections during that time.<br />
Comments may be submitted to: Nadine Pfeiffer, Division <strong>of</strong><br />
Health Service Regulation, 2701 Mail Service Center, Raleigh,<br />
<strong>NC</strong> 27699-2701, fax (919) 733-2757, email<br />
DHSR.RulesCoordinator@ncmail.net<br />
Comment period ends: January 2, 20<strong>09</strong><br />
Procedure for Subjecting a Proposed Rule to Legislative<br />
Review: If an objection is not resolved prior to the adoption <strong>of</strong><br />
the rule, a person may also submit written objections to the<br />
Rules Review Commission. If the Rules Review Commission<br />
receives written and signed objections in accordance with G.S.<br />
150B-21.3(b2) from 10 or more persons clearly requesting<br />
review by the legislature and the Rules Review Commission<br />
approves the rule, the rule will become effective as provided in<br />
G.S. 150B-21.3(b1). The Commission will receive written<br />
objections until 5:00 p.m. on the day following the day the<br />
Commission approves the rule. The Commission will receive<br />
those objections by mail, delivery service, hand delivery, or<br />
facsimile transmission. If you have any further questions<br />
concerning the submission <strong>of</strong> objections to the Commission,<br />
please call a Commission staff attorney at 919-733-2721.<br />
Fiscal Impact:<br />
State<br />
Local<br />
Substantive (>$3,000,000)<br />
None<br />
CHAPTER 13 – <strong>NC</strong> MEDICAL CARE COMMISSION<br />
SECTION .3000 - GENERAL INFORMATION<br />
10A <strong>NC</strong>AC 13B .3903 PRESERVATION OF MEDICAL<br />
RECORDS<br />
(a) The manager <strong>of</strong> medical records service shall maintain<br />
medical records, whether original, computer media, or<br />
micr<strong>of</strong>ilm, for a minimum <strong>of</strong> 11 years following the discharge <strong>of</strong><br />
an adult patient.<br />
(b) The manager <strong>of</strong> medical records shall maintain medical<br />
records <strong>of</strong> a patient who is a minor until the patient's 30th<br />
birthday.<br />
(c) If a hospital discontinues operation, its management shall<br />
make known to the Division where its records are stored.<br />
Records are to be stored in a business <strong>of</strong>fering retrieval services<br />
for at least 11 years after the closure date.<br />
(d) Prior to destruction, public notice shall be made to permit<br />
former patients or their representatives to claim their own<br />
records. Public notice shall be in at least two forms: written<br />
notice to the former patient or their representative and display <strong>of</strong><br />
an advertisement in a newspaper <strong>of</strong> general circulation in the<br />
area <strong>of</strong> the facility.<br />
(e) The manager <strong>of</strong> medical records may authorize the<br />
micr<strong>of</strong>ilming <strong>of</strong> medical records. Micr<strong>of</strong>ilming may be done on<br />
or <strong>of</strong>f the premises. If done <strong>of</strong>f the premises, the facility shall<br />
provide for the confidentiality and safekeeping <strong>of</strong> the records.<br />
The original <strong>of</strong> micr<strong>of</strong>ilmed medical records shall not be<br />
destroyed until the medical records department has had an<br />
opportunity to review the processed film for content.<br />
(f) Nothing in this Section shall be construed to prohibit the use<br />
<strong>of</strong> automation in the medical records service, provided that all <strong>of</strong><br />
the provisions in this Rule are met and the information is readily<br />
available for use in patient care.<br />
(g) All medical records are confidential. Only authorized<br />
personnel shall have access to the records. The Where the<br />
written authorization <strong>of</strong> the a patient is required for the release or<br />
disclosure <strong>of</strong> health information, the written authorization <strong>of</strong> the<br />
patient or authorized representative shall be maintained in the<br />
<strong>23</strong>:<strong>09</strong> NORTH CAROLINA REGISTER NOVEMBER 3, 2008<br />
737