North Carolina General Statutes Chapter 131D Inspection and Licensing of Facilities

Article 1 - Adult Care Homes.

  • N.C. Gen. Stat. § 131D-1.   Recodified as G. S. 131D-10.10 by Session Laws 2009-462, s. 1(b), effective October 1, 2009
  • N.C. Gen. Stat. § 131D-2.   Repealed by Session Laws 2009-462, s. 1, effective October 1, 2009
  • N.C. Gen. Stat. § 131D-2.1.   Definitions
    As used in this Article: (1) Abuse. - The willful or grossly negligent infliction of physical pain, injury, or mental anguish, unreasonable confinement, or...
  • N.C. Gen. Stat. § 131D-2.2.   Persons not to be cared for in adult care homes and multiunit assisted housing with services; hospice care; obtaining services
    (a) Adult Care Homes. - Except when a physician certifies that appropriate care can be provided on a temporary basis to meet the resident's...
  • N.C. Gen. Stat. § 131D-2.3.   Exemptions from licensure
    The following are excluded from this Article and are not required to be registered or obtain licensure under this Article: (1) Facilities licensed under...
  • N.C. Gen. Stat. § 131D-2.4.   Licensure of adult care homes for aged and disabled individuals; impact of prior violations on licensure; compliance history review; license renewal
    (a) Licensure. - Except for those facilities exempt under G.S. 131D-2.3, the Department of Health and Human Services shall inspect and license all adult...
  • N.C. Gen. Stat. § 131D-2.5.   License and registration fees
    (a) The Department shall charge each adult care home with six or fewer beds a nonrefundable annual license fee in the amount of three...
  • N.C. Gen. Stat. § 131D-2.6.   Legal action by Department
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the...
  • N.C. Gen. Stat. § 131D-2.7.   Provisional license; license revocation; summary suspension of license; suspension of admission
    (a) Provisional License. - Except as otherwise provided in this section, the Department may amend a license by reducing it from a full license...
  • N.C. Gen. Stat. § 131D-2.8.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 131D-2.9.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 131D-2.10.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 131D-2.11.   Inspections, monitoring, and review by State agency and county departments of social services
    (a) State Inspection and Monitoring. - The Department shall ensure that adult care homes required to be licensed by this Article are monitored for...
  • N.C. Gen. Stat. § 131D-2.12.   Training requirements; county departments of social services
    (a) The county departments of social services' adult home specialists and their supervisors shall complete: (1) Eight hours of prebasic training within 60 days...
  • N.C. Gen. Stat. § 131D-2.13.   Departmental duties
    (a) Enforcement of Room Ventilation and Temperature. - The Department shall monitor regularly the enforcement of rules pertaining to air circulation, ventilation, and room...
  • N.C. Gen. Stat. § 131D-2.14.   Confidentiality
    Notwithstanding G.S. 8-53 or any other law relating to confidentiality of communications between physician and patient, in the course of an inspection conducted under...
  • N.C. Gen. Stat. § 131D-2.15.   Resident assessments
    (a) The Department shall ensure that facilities conduct and complete an assessment of each resident within 72 hours of admitting the resident and annually...
  • N.C. Gen. Stat. § 131D-2.16.   Rules
    Except as otherwise provided in this Article, the Medical Care Commission shall adopt rules necessary to carry out this Article. The Commission has the...
  • N.C. Gen. Stat. § 131D-2.17.   Impact on other laws; severability
    (a) Nothing in this section shall be construed to supersede any federal or State antitrust, antikickback, or safe harbor laws or regulations. (b) If...
  • N.C. Gen. Stat. § 131D-2.18.   Application of other laws
    (a) Certification of assisted living administrators shall be as provided under Article 20A of Chapter 90 of the General Statutes. (b) Compliance with the...
  • N.C. Gen. Stat. § 131D-3.   Repealed by Session Laws 1995, c. 449, s. 1
  • N.C. Gen. Stat. § 131D-4.   Repealed by Session Laws 1995, c. 449, s. 2
  • N.C. Gen. Stat. § 131D-4.1.   Adult care homes; legislative intent
    The General Assembly finds and declares that the ability to exercise personal control over one's life is fundamental to human dignity and quality of...
  • N.C. Gen. Stat. § 131D-4.2.   Adult care homes; family care homes; annual cost reports; exemptions; enforcement
    (a) Except for family care homes, adult care homes with a licensed capacity of seven to twenty beds, which are licensed pursuant to this...
  • N.C. Gen. Stat. § 131D-4.3.   Adult care home rules
    (a) Pursuant to G.S. 143B-165, the North Carolina Medical Care Commission shall adopt rules to ensure at a minimum, but shall not be limited...
  • N.C. Gen. Stat. § 131D-4.4.   Adult care home minimum safety requirements; smoking prohibited inside long-term care facilities; penalty
    (a) In addition to other requirements established by this Article or by rules adopted pursuant to this Article or other provisions of law, every...
  • N.C. Gen. Stat. § 131D-4.4A.   Adult care home infection prevention requirements
    (a) As used in this section, "adult care home staff" means any employee of an adult care home involved in direct resident care. (b)...
  • N.C. Gen. Stat. § 131D-4.4B.   Guidelines for reporting suspected communicable disease outbreaks
    The Department shall develop guidelines prescribing the manner in which an adult care home is to report a suspected communicable disease outbreak within the...
  • N.C. Gen. Stat. § 131D-4.5.   Rules adopted by Medical Care Commission
    The Medical Care Commission shall adopt rules as follows: (1) Establishing minimum medication administration standards for adult care homes. The rules shall include the...
  • N.C. Gen. Stat. § 131D-4.5A.   Fees for medication aides
    The Department may impose a fee, not to exceed twenty-five dollars ($25.00), on an applicant seeking certification as an assisted living home medication aide...
  • N.C. Gen. Stat. § 131D-4.5B.   Adult care home medication aides; training and competency evaluation requirements
    (a) By January 1, 2012, the Division of Health Service Regulation shall develop a mandatory, annual in-service training program for adult care home medication...
  • N.C. Gen. Stat. § 131D-4.5C.   Adult care home supervisors; infection control training requirements
    By December 1, 2011, the Department shall develop a mandatory, annual course for adult care home supervisors on federal Centers for Disease Control and...
  • N.C. Gen. Stat. § 131D-4.6.   Licensure of special care units
    (a) As used in this section, the term "special care unit" means a wing or hallway within an adult care home, or a program...
  • N.C. Gen. Stat. § 131D-4.7.   Adult care home specialist fund
    There is established the adult care home specialist fund. The fund shall be maintained in and by the Department for the purpose of assisting...
  • N.C. Gen. Stat. § 131D-4.8.   Discharge of residents; appeals
    (a) An adult care home may initiate discharge of a resident based on any of the following reasons: (1) The discharge is necessary to...
  • N.C. Gen. Stat. § 131D-5.   Repealed by Session Laws 1983, c. 637, s. 1
  • N.C. Gen. Stat. § 131D-6.   Certification of adult day care programs; purpose; definition; penalty
    (a) It is the policy of this State to enable people who would otherwise need full-time care away from their own residences to remain...
  • N.C. Gen. Stat. § 131D-7.   Waiver of rules for certain adult care homes providing shelter or services during disaster or emergency
    (a) The Division of Health Service Regulation may temporarily waive, during disasters or emergencies declared in accordance with Article 1A of Chapter 166A of...
  • N.C. Gen. Stat. § 131D-8.   Adult care home special care units; disclosure of information required
    (a) An adult care home licensed under this Part that provides care for persons in special care units as defined in G.S. 131D-4.6 shall...
  • N.C. Gen. Stat. § 131D-9.   Immunization of employees and residents of adult care homes
    (a) Except as provided in subsection (e) of this section, an adult care home licensed under this Article shall require residents and employees to...
  • N.C. Gen. Stat. § 131D-10.   Adult care home rated certificates
    (a) Rules adopted by the North Carolina Medical Care Commission for issuance of certificates to adult care homes shall contain a rating based, at...

Article 1A - Control over Child Placing and Child Care.

  • N.C. Gen. Stat. § 131D-10.1.   Foster Care Children's Bill of Rights; purpose
    (a) It is the policy of this State to strengthen and preserve the family as a unit consistent with a high priority of protecting...
  • N.C. Gen. Stat. § 131D-10.2.   Definitions
    For purposes of this Article, unless the context clearly implies otherwise: (1) "Adoption" means the act of creating a legal relationship between parent and...
  • N.C. Gen. Stat. § 131D-10.3.   Licensure required
    (a) No person shall operate, establish or provide foster care for children or receive and place children in residential care facilities, family foster homes,...
  • N.C. Gen. Stat. § 131D-10.3A.   Mandatory criminal checks
    (a) Effective January 1, 1996, in order to ensure the safety and well-being of any child placed for foster care in a home, the...
  • N.C. Gen. Stat. § 131D-10.4.   Exemptions
    This Article shall not apply to: (1) Any residential child-care facility chartered by the laws of the State of North Carolina (or operating under...
  • N.C. Gen. Stat. § 131D-10.5.   Powers and duties of the Commission
    In addition to other powers and duties prescribed by law, the Commission shall exercise the following powers and duties: (1) Adopt, amend and repeal...
  • N.C. Gen. Stat. § 131D-10.5A.   Collection of data on use of restraints in residential child-care facilities
    A residential child-care facility that employs physical restraint of a child shall collect data on the use of the restraint. The data shall reflect...
  • N.C. Gen. Stat. § 131D-10.6.   Powers and duties of the Department
    In addition to other powers and duties prescribed by law, the Department shall exercise the following powers and duties: (1) Investigate applicants for licensure...
  • N.C. Gen. Stat. § 131D-10.6A.   Training by the Division of Social Services required
    (a) The Division of Social Services, Department of Health and Human Services, shall require a minimum of 30 hours of preservice training for foster...
  • N.C. Gen. Stat. § 131D-10.6B.   Report of death
    (a) A facility licensed under this Article shall notify the Department immediately upon the death of any resident of the facility that occurs within...
  • N.C. Gen. Stat. § 131D-10.6C.   Maintaining a register of licensed foster homes by the Division of Social Services
    (a) The Division of Social Services shall keep a register of all licensed family foster and therapeutic foster homes. The register shall contain the...
  • N.C. Gen. Stat. § 131D-10.7.   Penalties
    Any person who establishes or provides foster care for children or who receives and places children in residential child-care facilities, family foster homes or...
  • N.C. Gen. Stat. § 131D-10.8.   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the...
  • N.C. Gen. Stat. § 131D-10.9.   Administrative and judicial review
    All procedures arising out of this Article, including all notification, hearing and appeal procedures, shall be governed by the appropriate provisions of Chapter 150B...
  • N.C. Gen. Stat. § 131D-10.9A.   Permanency Innovation Initiative Oversight Committee created
    (a) Creation and Membership. - The Permanency Innovation Initiative Oversight Committee is established. The Committee shall be located administratively in the General Assembly. The...
  • N.C. Gen. Stat. § 131D-10.9B.   Permanency Innovation Initiative Fund
    (a) There is created the Permanency Innovation Initiative Fund that will support a demonstration project with services provided by Children's Home Society of North...

Article 1B - Licensing of Maternity Homes.

  • N.C. Gen. Stat. § 131D-10.10.   Licensing of Maternity Homes
    (a) The Department of Health and Human Services shall inspect and license all maternity homes established in the State under rules adopted by the...

Article 2 - Local Confinement Facilities.

  • N.C. Gen. Stat. § 131D-11.   Inspection
    The Department of Health and Human Services shall, as authorized by G.S. 153-51, inspect regularly all local confinement facilities as defined by G.S. 153-50(4)...
  • N.C. Gen. Stat. § 131D-12.   Approval of new facilities
    The Department of Health and Human Services shall, as authorized by G.S. 153-51, approve the plans for the construction or major modification of any...
  • N.C. Gen. Stat. § 131D-13.   Failure to provide information
    If the board of commissioners of any county, the chief of police of any municipality, or any officer or employee of any local confinement...
  • N.C. Gen. Stat. § 131D-14 through 131D-18.   Reserved for future codification purposes

Article 3 - Adult Care Home Residents' Bill of Rights.

  • N.C. Gen. Stat. § 131D-19.   Legislative intent
    It is the intent of the General Assembly to promote the interests and well-being of the residents in adult care homes and assisted living...
  • N.C. Gen. Stat. § 131D-20.   Definitions
    As used in this Article, the following terms have the meanings specified: (1) "Abuse" means the willful or grossly negligent infliction of physical pain,...
  • N.C. Gen. Stat. § 131D-21.   Declaration of residents' rights
    Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights: (1) To be...
  • N.C. Gen. Stat. § 131D-21.1.   Peer review
    It is not a violation of G.S. 131D-21(6) for medical records to be disclosed to a private peer review committee if: (1) The peer...
  • N.C. Gen. Stat. § 131D-21.2.   Quality assurance, medical, or peer review committees
    (a) A member of a duly appointed quality assurance, medical, or peer review committee shall not be subject to liability for damages in any...
  • N.C. Gen. Stat. § 131D-22.   Transfer of management responsibilities
    Any representative authorized in writing by a resident to manage his financial affairs, any resident's legal guardian as appointed by a court, or any...
  • N.C. Gen. Stat. § 131D-23.   No waiver of rights
    No facility may require a resident to waive the rights specified in G.S. 131D-21. (1981, c. 923, s. 1.)
  • N.C. Gen. Stat. § 131D-24.   Notice to resident
    (a) A copy of the declaration of the residents' rights shall be posted conspicuously in a public place in all facilities. A copy of...
  • N.C. Gen. Stat. § 131D-25.   Implementation
    Responsibility for implementing the provisions of this Article shall rest with the administrator of the facility. Each facility shall provide appropriate training to staff...
  • N.C. Gen. Stat. § 131D-26.   Enforcement and investigation
    (a) The Department of Health and Human Services shall be responsible for the enforcement of the provisions of this Article. Specifically, the department of...
  • N.C. Gen. Stat. § 131D-27.   Confidentiality
    The Department of Health and Human Services is authorized to inspect residents' records maintained at the facility when necessary to investigate any alleged violation...
  • N.C. Gen. Stat. § 131D-28.   Civil action
    Every resident shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Article. The Department of...
  • N.C. Gen. Stat. § 131D-29.   Revocation of license
    The Department of Health and Human Services shall have the authority to revoke a license issued under G.S. 131D-2.4 in any case where it...
  • N.C. Gen. Stat. § 131D-30.   Repealed by Session Laws 1987, c. 600, s. 1
  • N.C. Gen. Stat. § 131D-31.   Adult care home community advisory committees
    (a) Statement of Purpose. - It is the intention of the General Assembly that community advisory committees work to maintain the intent of the...
  • N.C. Gen. Stat. § 131D-32.   Functions of adult care home community advisory committees
    (a) The committee shall serve as the nucleus for increased community involvement with adult care homes and their residents. (b) The committee shall promote...
  • N.C. Gen. Stat. § 131D-33.   Repealed by Session Laws 1983, c. 824, s. 19
  • N.C. Gen. Stat. § 131D-34.   Penalties; remedies
    (a) Violation Classification and Penalties. - The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this...
  • N.C. Gen. Stat. § 131D-34.1.   Report of death of resident
    (a) An adult care home shall notify the Department of Health and Human Services immediately upon the death of any resident that occurs in...

Article 4 - Temporary Management of Adult Care Homes.

  • N.C. Gen. Stat. § 131D-35.   Temporary management of adult care homes
    The provisions of Article 13 of Chapter 131E are incorporated by reference in this Article. (1993, c. 390, s. 3; 1995, c. 535, s.
  • N.C. Gen. Stat. § 131D-36 through 131D-39.   Reserved for future codification purposes

Article 5 - Miscellaneous Provisions.

  • N.C. Gen. Stat. § 131D-40.   Criminal history record checks required for certain applicants for employment
    (a) Requirement; Adult Care Home. - An offer of employment by an adult care home licensed under this Chapter to an applicant to fill...
  • N.C. Gen. Stat. § 131D-41.   Repealed by Session Laws 2009-462, s. 2, effective October 1, 2009
  • N.C. Gen. Stat. § 131D-42.   Repealed by Session Laws 2009-462, s. 2, effective October 1, 2009
  • N.C. Gen. Stat. § 131D-43.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 131D-44.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 131D-45.   Examination and screening for the presence of controlled substances required for applicants for employment in adult care homes
    (a) An offer of employment by an adult care home licensed under this Article to an applicant is conditioned on the applicant's consent to...

Last modified: March 23, 2014