Rules and Statutes

Periodic Review of Existing Rules

The N.C. Administrative Code (NCAC) rules are published by the North Carolina Office of Administrative Hearings (OAHs).

The OAH's Web site, allows you to view both permanent and temporary rules.

(Tip: Before going to the OAH site, write down the relevant title number (i.e., 10A), chapter number (i.e., 13), subchapter (i.e., F) , and section number(s) (i.e., .0700) .

Adult Care Homes Title 10A Chapter 13 Subchapter F
Subchapter G

Epidemiology Health (Tuberculosis) Rule

Applicable General Statutes for Adult Care Home Licensure and Regulation

These are links to N.C. laws that are important for adult care homes. They are the basis for adult care home rules. Some of the laws are referred to in the rules themselves. Other laws are included because they add additional requirements to rules such as for resident discharge. There are also laws that did not need rules to implement such as smoking prohibition, criminal background checks and drug testing.

Chapter 131D: Inspection and Licensing of Facilities
Article 1 - Adult Care Homes
G.S. 131D-2.1 Definitions
G.S. 131D-2.2 Persons not to be cared for in adult care homes and multiunit assisted housing with services; hospice care; obtaining services
G.S. 131D-2.3 Exemptions from licensure
G.S. 131D-2.4 Licensure of adult care homes; impact of prior violations on licensure; compliance history review; license renewal
G.S. 131D-2.5 License and registration fees
G.S. 131D-2.6 Legal action by Department
G.S. 131D-2.7 Provisional license; license revocation; summary suspension of license; suspension of admission
G.S. 131D-2.11 Inspections, monitoring, and review by State agency and county departments of social services
G.S. 131D-2.12 Training requirements; county departments of social services
G.S. 131D-2.13 Departmental duties
G.S. 131D-2.14 Confidentiality
G.S. 131D-2.15 Resident Assessments
G.S. 131D-2.16 Rules
G.S. 131D-2.17 Impact on other laws; severability
G.S. 131D-2.18 Application of other laws
G.S. 131D-4.1 Adult care homes; legislative intent
G.S. 131D-4.2 Adult care homes; family care homes; annual cost reports; exemptions; enforcement
G.S. 131D-4.3 Adult care home rules
G.S. 131D-4.4 Adult care home minimum safety requirements; smoking prohibited inside long-term care facilities; penalty
G.S. 131D-4.4A Adult care home infection prevention requirements
G.S. 131D-4.5 Rules adopted by Medical Care Commission
G.S. 131D-4.5A Fees for medication aides
G.S. 131D-4.5B Adult care home medication aides; training and competency evaluation requirements
G.S. 131D-4.5C Adult care home supervisors; infection control training requirements
G.S. 131D-4.6 Licensure of special care units
G.S. 131D-4.8 Discharge of residents; appeals
G.S. 131D-7 Waiver of rules for certain adult care homes providing shelter or services during disaster or emergency
G.S. 131D-8 Adult care home special care units; disclosure of information required
G.S. 131D-9 Immunization of employees and residents of adult care homes
G.S. 131D-10 Adult care home rated certificates
Article 3 - Adult Care Home Residents' Bill of Rights
G.S. 131D-19 Legislative intent
G.S. 131D-20 Definitions
G.S. 131D-21 Declaration of residents' rights
G.S. 131D-21.1 Peer review
G.S. 131D-21.2 Quality assurance, medical, or peer review committees
G.S. 131D-22 Transfer of management responsibilities
G.S. 131D-23 No waiver of rights
G.S. 131D-24 Notice to Resident
G.S. 131D-25 Implementation 
G.S. 131D-26 Enforcement and investigation
G.S. 131D-27 Confidentiality
G.S. 131D-28 Civil action
G.S. 131D-29 Revocation of license
G.S. 131D-31 Adult care home community advisory committee
G.S. 131D-32 Functions of adult care home community advisory committees
G.S. 131D-34 Penalties and remedies
G.S. 131D-34.1 Report of death of resident
Article 5 - Miscellaneous Provisions
G.S. 131D-40 Criminal history record checks required for certain applicants for employment
G.S. 131D-45 Examination and screening for the presence of controlled substances required for applicants for employment in adult care homes
Chapter 95: Department of Labor and Labor Regulations
Article 20 - Controlled Substance Examination Regulation
G.S. 95-230 Purpose
G.S 95-231 Definitions
G.S. 95-232 Procedural Requirements for the administration of controlled substance examination
G.S. 95-233 No duty to examine
G.S. 95-234 Violation of controlled substance examination regulations; civil penalty
Chapter 90: Medicine and Allied Occupations
Article 4A - North Carolina Pharmacy Practice Act
G.S. 90-85.3 Definitions
Article 20A - Assisted Living Administrator Act
G.S. 90-288.11 Purpose
G.S. 90-288.12 Certification required; exemptions
G.S.90-288.13 Definitions
G.S. 90-288.14 Assisted living administrator certification
G.S. 90-288-15 Issuance, renewal and replacement of certificates
G.S. 90-288.16 Certification by reciprocity
G.S. 90-288.17 Posting certificates
G.S. 90-288.18 Adverse action on a certificate
G.S. 90-288.19 Reporting requirement
G.S. 90-288.20 Penalties
Chapter 108A: Social Services
Article 6 - Protection of the Abused, Neglected or Exploited Disabled Adult Act
G. S. 108A-102 Duty to report; content of report; immunity
Chapter 130A: Public Health
Article 16 - Postmortem Investigation and Disposition
G.S. 130A-383 Medical examiner jurisdiction
G.S. 130A-389 Autopsies
G.S. 130A-398 Limitation on right to perform autopsy
Chapter 131E: Health Care Facilities and Services
Article 6 - Health Care Facility Licensure Act
G.S. 131E-104 Rules and enforcement
Article 9 - Certificate of Need
G.S. 131E-175 Findings of fact
G.S. 131E-176 Definitions
G.S. 131E-177 Department of Health and Human Services is designated State Health Planning and Development Agency; powers and duties
G.S. 131E-178 Activities requiring certificate of need
Article 15 - Health Care Personnel Registry
G.S. 131E-256 Health Care Personnel Registry
Article 16 - Miscellaneous Provisions
G.S. 131E-267 Fees for departmental review of health care facility or Medical Care Commission bond-financed construction projects
Chapter 143B: Executive Organization Act of 1973
Article 3 - Department of Health and Human Services
G.S. 143B-165 North Carolina Medical Care Commission – creation, powers and duties
Chapter 150B: Administrative Procedure Act
Article 1 - General Provisions
G.S. 150B-2 Definitions
Article 3 - Administrative Hearings
G.S. 150B-22 Settlement; contested case
G.S. 150B-23 Commencement; assignment of administrative law judge; hearing required; notice; intervention