From the 8/16 and 9/1 NC Register

August 16, 2010 North Carolina Register

The NC Medical Care Commission published notice (Pages 390-391) to amend 10A NCAC 13B .3302, Minimum Provisions of Patient's Bill of Rights, to ensure that all persons, regardless of sexual orientation or gender identity, have the right to medical and nursing treatment. The rule currently includes the right to medical and nursing services without discrimination based upon race, color, religion, sex, sex preference, national origin or source of payment. Disability status is not included. Comments are due October 15, 2010. There will also be a public hearing October 8.

The Rules Review Commission considered the proposed rules from the Commission for Mental Health on the NCI QA committee at its July 15 meeting (Pages 506-507). The Commission objected to the proposed rules based on lack of statutory authority and ambiguity. In particular, the Commission based its objections on the following:

10A NCAC 27E .0301 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (b), there is no authority cited for this agency to create another agency and grant it the authority to adopt rules (establish policy). It is also not clear who, if anyone, is required to have NCI training.
10A NCAC 27E .0302 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (5), there is no authority cited for the agency to create a committee and give it exclusive authority to certify training. Even if there is authority it is not clear what standards the committee will use in certifying trainers. There is also no authority cited for the agency to create an agency and give that agency the authority to adopt rules (establish guidelines and policies). In (6), it is not clear what the qualifications are for NCI (North Carolina Interventions). The only things listed are parts of a curriculum and it is not clear how that is a qualification. There is no authority cited for the agency to grant others exclusive authority to certify instructors. In (9), it is not clear what standards the Curriculum Review Commission is to use in approving techniques. It is also not clear what populations are referred to.
10A NCAC 27E .0303 - The Commission objected to this rule based on lack of statutory authority and ambiguity. In (1), there is no authority cited for the agency to create an agency and give it authority to adopt rules (establish policies and procedures). There is the same issue in (3) with "develop guidelines." In (4), it is not clear what is meant by "direct the certification." In (5), it is not clear what is meant by "maintain inter rater reliability." In (7), it is not clear what records are to be maintained. In (9), there is no authority for the committee to adopt rules(enact guidelines).
10A NCAC 27E .0304 - The Commission objected to this rule based on ambiguity. Since apparently this is a new program providing for the certification of Instructor Trainers, it is not clear how the committee that certifies them can be made up of people already certified. In (12), it is not clear what is meant by "licensed clinicians."

The proposed rules will again be on the Rules Commission agenda on September 16, 2010. See the September 1, 2010 North Carolina Register (Page 665).