10A N.C. Admin. Code 27G .3806 - AUTHORIZATION: FACILITIES PROVIDING SA SERVICES TO DWI OFFENDERS
(a) Application Process: Facilities licensed
to provide substance abuse services by the Division of Health Service
Regulation, or determined by DHSR to be exempt from license under the
provisions of
G.S.
122C-22 are eligible to apply for
Authorization to provide services to DWI offenders.
(b) The DWI/Criminal Justice Branch of the
Substance Abuse Section of the DMHDDSAS will provide application materials to
facilities within 10 business days of the receipt of the request. Requests may
be made in writing to DWI Services, 3008 Mail Service Center, Raleigh, NC
27699-3008.
(c) The applicant
facility shall submit the application form and required supportive
documentation to DWI Services for review.
(d) When the review of the facility documents
confirms that the applicant is in compliance with applicable Rules, Statutes
and the Code of Facility Conduct, the facility will be authorized to begin
services to DWI offenders.
(e) A
decision on the application for Authorization shall be communicated to the
facility within 20 business days of the receipt of the application by the
DMH/DD/SAS. Upon approval, a five-digit Facility Code shall be issued to
identify the facility as authorized to provide services to DWI
offenders.
(f) Term of
Authorization: Facility Authorization to provide DWI services shall be granted
for a period not to exceed two years.
(g) A facility's Authorization shall expire
at any time the facility license ceases to be in effect.
(h) Facility Monitoring of Authorized
Facilities: Facility compliance reviews shall be conducted according to a
schedule determined by DMH/DD/SAS. The interval between reviews for any
facility shall be no greater than two years.
(i) Compliance problems and program
deficiencies will be addressed in the review and correction plans developed
with the facility. Each correction plan will have a follow-up plan.
(j) Refusal to complete a correction plan or
persistent non-compliance will be grounds for suspension until correction or
revocation of the Authorization.
(k) The DMH/DD/SAS will conduct reviews of
reports and DWI Certificates of Completion Forms generated by facilities.
Compliance and procedural problems will be addressed through communication with
facilities and correction plans.
(l) Written complaints of misconduct against
facilities shall be forwarded to the DMH/DD/SAS. All written complaints will be
reviewed and investigated. When non-compliance is confirmed, it will be
addressed with the facility through communication, correction plans or the
suspension/revocation process.
(m)
Suspension and Revocation: DMHDDSAS may suspend or revoke a facility's
authorization to provide services to DWI offenders at any time for failure to
comply with applicable Statutes and Rules.
(n) Such suspension or revocation will apply
to the Authorization to serve DWI offenders and will not directly affect the
facility's license to serve the public at large. The DMH/DD/SAS will inform
licensing and certification bodies of any such action against a facility and
its staff.
(o) In circumstances in
which the direct care of a client is compromised or when there is failure to
comply with a specific statute or rule concerning services to clients, the
suspension shall be immediate. Serious and persistent non-compliance will
result in revocation of the approval.
(p) When the non-compliance involves
procedural or programmatic issues and presents no immediate threat to clients,
the facility will be afforded an opportunity to propose and complete a plan of
correction to be monitored by the DMH/DD/SAS.
(q) Failure to complete the correction plans,
which were the subject of a suspension, will result in revocation of the
Authorization.
(r) A facility whose
Authorization has been revoked may apply for Authorization after one year upon
demonstration that all relevant problems have been corrected.
(s) Revocation Process: The Branch Head will
initiate action affecting the Authorization of a facility. Such action shall be
limited to the following:
(1) Revocation of
the Authorization;
(2) Suspension
of the Authorization until such time as the problem is corrected and the
correction verified; or
(3) A
Written Correction Plan shall be completed by the facility while continuing to
operate under close monitoring.
(t) Appeal Process: A facility whose
Authorization is revoked may appeal to the DWI Quality Improvement panel for a
review of the revocation within 30 working days from the date of
notification.
(u) An appeal hearing
shall be scheduled and conducted by the DWI Quality Improvement Panel within 60
working days after the request.
(v)
The facility owner shall be notified, in writing of the decision of the DWI
Quality Improvement Panel within 30 working days after the hearing.
Notes
Eff. April 1, 2001;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.
Eff. April 1, 2001.
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