NC Register Volume 21 Issue 09 - Office of Administrative Hearings
NC Register Volume 21 Issue 09 - Office of Administrative Hearings
NC Register Volume 21 Issue 09 - Office of Administrative Hearings
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APPROVED RULES<br />
(c) In-home aides shall follow instructions for client care<br />
written by the health care practitioner required for the services<br />
provided. In-home aide duties may include the following:<br />
(1) help with prescribed exercises which the client<br />
and in-home aides have been taught by a<br />
health care practitioner licensed pursuant to<br />
G.S. 90;<br />
(2) provide or assist with personal care (i.e.,<br />
bathing, care <strong>of</strong> mouth, skin and hair);<br />
(3) assist with ambulation;<br />
(4) assist client with self-administration <strong>of</strong><br />
medications which are ordered by a physician<br />
or other person authorized by state law to<br />
prescribe;<br />
(5) perform incidental household services which<br />
are essential to the client's care at home; and<br />
(6) record and report changes in the client's<br />
condition, family situation or needs to an<br />
appropriate health care practitioner.<br />
History Note: Authority G.S. 131E-140;<br />
Eff. July 1, 1992;<br />
Amended Eff. October 1, 2006; February 1, 1996.<br />
10A <strong>NC</strong>AC 13O .0201 MEDICATION AIDE<br />
COMPETE<strong>NC</strong>Y EVALUATION<br />
(a) A competency evaluation candidate shall be advised by the<br />
Department after successful completion <strong>of</strong> a North Carolina<br />
Board <strong>of</strong> Nursing approved medication aide training program<br />
and prior to the competency exam that upon successful<br />
completion <strong>of</strong> the competency exam the individual will be listed<br />
on the State's medication aide registry.<br />
(b) The competency exam shall include each course requirement<br />
specified in the North Carolina Board <strong>of</strong> Nursing's approved<br />
training program as provided for in <strong>21</strong> <strong>NC</strong>AC 36 .0403 and <strong>21</strong><br />
<strong>NC</strong>AC 36 .0406.<br />
(c) The competency examination shall be administered and<br />
evaluated only by the Department or its agent.<br />
(d) A record <strong>of</strong> successful completion <strong>of</strong> the competency exam<br />
shall be included in the medication aide registry within 30<br />
business days <strong>of</strong> successful completion <strong>of</strong> the evaluation.<br />
(e) If the competency exam candidate does not satisfactorily<br />
complete the exam, the candidate shall be advised by the<br />
Department <strong>of</strong> the areas which the individual did not pass.<br />
(f) Every competency exam candidate shall have the<br />
opportunity to take the exam three times before being required to<br />
retake and successfully complete the Medication Aide training<br />
program.<br />
History Note: Authority G.S. 131E-114.2(b); 131E-270;<br />
Eff. October 1, 2006.<br />
10A <strong>NC</strong>AC 13O .0202 REGISTRY OF MEDICATION<br />
AIDES<br />
(a) Prior to assigning medication aide duties to a Medication<br />
Aide, pursuant to G.S. 131E-114.2, the facility shall conduct a<br />
clinical skills validation for those medication administration<br />
tasks to be performed in the facility. This validation shall be<br />
conducted by a registered nurse consistent with his/her<br />
occupational licensing law and who has a current unencumbered<br />
license to practice in North Carolina. A record <strong>of</strong> this validation<br />
shall be retained in the Medication Aide's file.<br />
(b) The Department shall provide information on the registry<br />
within one business day <strong>of</strong> the request for information.<br />
(c) The medication aide listing on the Medication Aide Registry<br />
shall be renewed every two years provided the individual has<br />
worked for a minimum <strong>of</strong> eight hours as a Medication Aide in<br />
each consecutive 24 month period following their initial listing.<br />
(d) The registry shall contain the following information for each<br />
individual who is listed on the Medication Aide Registry:<br />
(1) the individual's full name;<br />
(2) the date the individual became eligible for<br />
placement on the registry;<br />
(3) the training program and competency exam<br />
completed; and<br />
(4) the date <strong>of</strong> listing renewal and expiration.<br />
(e) The Medication Aide Registry shall remove entries for<br />
individuals who have not been employed as a medication aide<br />
for a minimum <strong>of</strong> eight hours in each consecutive 24 month<br />
period following initial listing.<br />
(f) An individual who gains or attempts to gain registry listing<br />
by providing false or misleading information on listing or relisting<br />
applications shall not be listed on the registry.<br />
History Note: Authority G.S. 131E-114.2(b); 131E-270;<br />
Eff. October 1, 2006.<br />
10A <strong>NC</strong>AC 26E .0603 REQUIREMENTS FOR<br />
TRANSMISSION OF DATA<br />
(a) Each dispenser shall transmit to the Department the data as<br />
set forth in GS 90-113.73. The data shall be transmitted in the<br />
ASAP Telecommunication Format for Controlled Substances,<br />
published by the American Society for Automation in Pharmacy<br />
that is in use in the majority <strong>of</strong> states operating a controlled<br />
substance reporting system.<br />
(b) The dispenser shall transmit the data electronically unless<br />
the Department approves a request for submission on paper as<br />
set forth in Paragraphs (e) and (f) <strong>of</strong> this Rule.<br />
(c) The dispenser's electronic transfer data equipment including<br />
hardware, s<strong>of</strong>tware and internet connections shall be in<br />
compliance with the Health Insurance Portability and<br />
Accountability Act as set forth in 45 CFR, Part 164.<br />
Each electronic transmission shall meet data protection<br />
requirements as follows:<br />
(1) Data shall be at least 128B encryption in<br />
transmission and at rest; or<br />
(2) Data shall be transmitted via secure file<br />
transfer protocol. Once received, data at rest<br />
shall be encrypted.<br />
(d) The data may be submitted on paper, if the dispenser<br />
submits a written request to the Department and receives prior<br />
approval.<br />
(e) The Department shall consider the following in granting<br />
approval <strong>of</strong> the request:<br />
(f) The dispenser does not have a computerized record keeping<br />
system.<br />
(1) The dispenser does not have a computerized<br />
record keeping system.<br />
<strong>21</strong>:<strong>09</strong> NORTH CAROLINA REGISTER NOVEMBER 1, 2006<br />
807