Proposed Rules

Emergency Adoption of Rule 10A NCAC 27G .3605, Medication Units and Mobile Units
The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services has adopted Rule 10A NCAC 27G .3605, Medication Units and Mobile Units, via Emergency Procedures. The Rule becomes effective September 23, 2024.

Proposed Temporary Adoption of Rule 10A NCAC 27G .3605, Medication Units and Mobile Units
Purpose of Rule Action: S.L. 2023-65 enacted G.S. 122C-35 which granted the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services authority to adopt emergency, temporary, and permanent rules for the licensure, inspection, and operation of opioid treatment program medication units and opioid treatment program mobile units, including rules concerning any of the following: (1) Compliance with all applicable Substance Abuse and Mental Health Services Administration and federal Drug Enforcement Agency regulations governing opioid treatment program mobile units and opioid treatment program medication units.(2) Identification of the location of opioid treatment program medication units and opioid treatment program mobile units.(3) Schedules for the days and hours of operation to meet client needs. (4) Maintenance and location of records. (5) Requisite clinical staff and staffing ratios to meet immediate client needs at each opioid treatment program medication unit or opioid treatment program mobile unit, including client needs for nursing, counseling, and medical care.(6) Emergency staffing requirements to ensure service delivery.(7) Criteria for policies and procedures for a clinical and individualized assessment of individuals to receive services at an opioid treatment medication unit or opioid treatment mobile unit that consider medical and clinical appropriateness and accessibility to individuals served.(8) Number of clients allowed per opioid treatment program medication unit and opioid treatment program mobile unit, based on staffing ratios.(9) Criteria to ensure the opioid treatment program facility is providing the required counseling to individuals receiving services at an opioid treatment program medication unit or opioid treatment program mobile unit. (10) Criteria for the opioid treatment program facility to ensure that individuals receiving services at an opioid treatment program medication unit or opioid treatment program mobile unit receive medical interventions when necessary.

The Notice of Text for the proposed temporary adoption of this rule will be available on the Office of Administrative Hearings Website accessible via this link: https://www.oah.nc.gov/rules-division/rules-division-official-notices-and-postings

Federal Certification

Economic Analysis: No fiscal note is required.

Public Comment Period: September 20 – October 20, 2024. Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3001 Mail Service Center Raleigh, NC 27699-3001.

Public Hearing:
Date: October 1, 2024
Time: 10:00 a.m. – 11:30
Location:
Microsoft Teams
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Meeting ID: 280 457 754 276
Passcode: DNLg3J
Dial in by phone +1 984-204-1487,,630084139#
Phone conference ID: 630 084 139#

Proposed Temporary Amendment of Rule 10A NCAC 26E .0406, Disposal of Unused Controlled Substance from Nursing Home
Purpose of Rule Action: On July 26, 2024, Stericycle, the owners of the only incinerator in North Carolina that is capable of destroying controlled substances to the point that they are non-retrievable, notified long-term care pharmacies in North Carolina that they will no longer accept bookings for witnessed destruction of controlled substances. Stericycle’s business decision to no longer provide long-term care pharmacies the option of destruction of unused controlled substances from nursing homes by an incinerator within the State was not foreseen by the Department. Rule 10A NCAC 26E .0406 is proposed for emergency, and simultaneously, temporary procedures to provide immediate clarity regarding the use of federally recognized options for disposing of and destroying unused controlled substances from nursing homes, including outsourcing the destruction to reverse distributors, in order to help ensure safe, secure, and timely disposal and destruction of unused controlled substances in North Carolina. The proposed emergency and temporary rules are in the public’s best interest to avoid the threat of unused controlled substances accumulating at nursing homes or long-term care pharmacies, and the related diversion risks.

Federal Certification

Economic Analysis: No fiscal note is required.

Public Comment Period: September 30 – October 18, 2024. Written comments or objections to the proposed rules must be submitted electronically to dmhddsasrules@dhhs.nc.gov or mailed to W. Denise Baker 3001 Mail Service Center Raleigh, NC 27699-3001.

Public Hearing:
Date: October 8, 2024
Time: 10:00 a.m. – 11:30
Location:
Microsoft Teams Join the meeting now
Meeting ID: 248 000 612 694
Passcode: 7QL7mh
Dial in by phone: +1 984-204-1487,,85608728# United States, Raleigh
Phone conference ID: 856 087 28# Join on a video conferencing device
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Video ID: 118 798 209 6