Class A LIS/GIS surveys in North Carolina,the relative accuracy shall be equal to or lessthan 0.5 meter (1.64 feet).(2) Rural LIS/GIS surveys (Class B). RuralLIS/GIS surveys include the location <strong>of</strong>features within lands which lie outside <strong>of</strong>suburban areas. For Class B LIS/GIS surveysin North Carolina, the relative accuracy shallbe equal to or less than 2 meters (6.56 feet).(3) Regional LIS/GIS surveys (Class C).Regional LIS/GIS surveys include the location<strong>of</strong> features within lands which lie in multicountyareas. For Class C LIS/GIS surveys inNorth Carolina, the relative accuracy shall beequal to or less than 5 meters (<strong>16</strong>.40 feet).(b) Nothing in this Section shall be construed to negate orreplace the relative accuracy standards found in Rules .<strong>16</strong>01through .<strong>16</strong>07 <strong>of</strong> this Chapter.(c) The Pr<strong>of</strong>essional Land Surveyor in responsible charge <strong>of</strong> theLIS/GIS boundary or geodetic control survey shall certify to all<strong>of</strong> the following in either written or digital form:(1) Class <strong>of</strong> LIS/GIS survey,(2) Method <strong>of</strong> measurement (i.e. globalpositioning system, theodolite and electronicdistance meter, transit and tape),(3) Date(s) <strong>of</strong> the survey,(4) Datum used for the survey.Authority G.S. 89C-10; 89C-20.21 <strong>NC</strong>AC 56 .<strong>16</strong>09 MINIMUMPHOTOGRAMMETRIC PRODUCTION STANDARDSAuthority G.S. 89C-10; 89C-20.SECTION .1700 - CONTINUING PROFESSIONALCOMPETE<strong>NC</strong>Y21 <strong>NC</strong>AC 56 .1708 REINSTATEMENTA licensee may bring an inactive license to active status byobtaining all delinquent PDH units. However, if the totalnumber required to become current exceeds 30, then 30 shall bethe maximum number required. Reinstatement <strong>of</strong> a license thatwas not renewed within 12 months after expiration (archivedlicense), in addition to a new application, requires obtaining alldelinquent PDH units as required to reinstate an inactive license.Authority G.S. 89C-10(a); 89C-17.21 <strong>NC</strong>AC 56 .1713 SPONSORS(a) The Board shall approve sponsors <strong>of</strong> ContinuingPr<strong>of</strong>essional Competency (CPC) activities and not particularcourses. The Board shall maintain a list <strong>of</strong> sponsors which haveagreed to conduct programs in accordance with the standards <strong>of</strong>CPC activities set forth in 21 <strong>NC</strong>AC 56 .1700. Such sponsorsshall indicate their agreement with the requirements byexecuting a Sponsor Agreement on a form provided by thePROPOSED RULESBoard. These sponsors shall be designated as "ApprovedSponsors."(b) By entering into an agreement with the Board to bedesignated as an "Approved Sponsor," the sponsor shall agreeto:(1) Allow persons designated by this Board toattend any or all courses, without fee orcharge, for the purpose <strong>of</strong> determining thatsaid course meets the standards <strong>of</strong> the Board.(2) Allow persons designated by this Board toreview course material for the purpose <strong>of</strong>determining that said course meets thestandards <strong>of</strong> the Board.(3) State in every brochure, publication orannouncement concerning the course, thegeneral content <strong>of</strong> the course and the specificknowledge or skill to be taught or addressed,as well as the credit to be earned inPr<strong>of</strong>essional Development Hours (PDH).(4) Ensure that the instructors or presenters <strong>of</strong> thecourse or program are qualified to teach thesubject matter.(5) Provide persons completing the course withwritten documentation attesting to thatperson's attendance to the course, as well asthe name <strong>of</strong> the course, the date and locationheld, the instructor's name and the number <strong>of</strong>PDHs earned.(6) Submit quarterly reports to the Board whichshall include the sponsor's name, the name <strong>of</strong>the course, the date and location held, theinstructor's name, the number <strong>of</strong> PDHs earnedand a list <strong>of</strong> attendees.(7) Have a visible, continuous and identifiablecontact person who is charged with theadministration <strong>of</strong> the sponsor's CPC programand who has the responsibility for assuring anddemonstrating to the Board compliance withthese Rules, as well as for any otherorganization working with the sponsor for thedevelopment, distribution and/or presentation<strong>of</strong> CPC courses or activities.(8) Retain for a period <strong>of</strong> three years a copy <strong>of</strong> theabove documentation.(c) Sponsors shall renew annually on a form provided by theBoard.(d) Failure <strong>of</strong> an approved sponsor to comply with the terms <strong>of</strong>the CPC sponsor agreement shall be grounds for the Board torevoke, suspend or terminate the agreement, to remove thesponsor's name from the list <strong>of</strong> approved sponsors and to notifythe public <strong>of</strong> such action. A sponsor that is given notice <strong>of</strong>revocation, suspension or termination can request anadministrative hearing to be conducted as provided in 21 <strong>NC</strong>AC56 .1400 Contested Cases.Authority G.S. 89C-10(a); 89C-17.<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 2002<strong>16</strong>75
TEMPORARY RULESThis Section includes temporary rules reviewed by the Codifier <strong>of</strong> Rules and entered in the North Carolina <strong>Administrative</strong> Code andincludes, from time to time, a listing <strong>of</strong> temporary rules that have expired. See G.S. <strong>15</strong>0B-21.1 and 26 <strong>NC</strong>AC 02C .0500 for adoptionand filing requirements. Pursuant to G.S. <strong>15</strong>0B-21.1(e), publication <strong>of</strong> a temporary rule in the North Carolina <strong>Register</strong> serves as anotice <strong>of</strong> rule-making proceedings unless this notice has been previously published by the agency.TITLE 10 – DEPARTMENT OF HEALTH AND HUMANSERVICESRule-making Agency: Division <strong>of</strong> Facility ServicesRule Citation: 10 <strong>NC</strong>AC 03R .1125-.1126, .<strong>16</strong><strong>15</strong>-.<strong>16</strong><strong>16</strong>, .17<strong>15</strong>,.1912, .1914, .2013, .2113-.21<strong>16</strong>, .2118-.2119, .2217, .2511,.2713-.27<strong>15</strong>, .2717, .3701-.3705, .6351-.6385, .6389-.6395Effective Date: January 1, 2002Findings Reviewed and Approved by: Beecher R. GrayAuthority for the rulemaking: G.S. 131E-176(25); 131E-177(1); 131E-183(b)Reason for Proposed Action: Temporary rules must beadopted to implement the 2002 State Medical Facilities Plan(SMFP) on January 1, 2002, as recommended by the StateHealth Coordinating Council and approved by the Governor.Temporary rule-making is necessary because the annualplanning process for the SMFP does not leave the Departmentwith the time necessary to utilize the permanent rule-makingprocess.Comment Procedures: Questions or comments concerning therules should be directed to Mark Benton, Rule-makingCoordinator, Division <strong>of</strong> Facility Services, 701 Barbour Dr.,2701 Mail Service Center, Raleigh, <strong>NC</strong> 27699-2701.CHAPTER 03 – FACILITY SERVICESSUBCHAPTER 03R - CERTIFICATE OF NEEDREGULATIONSSECTION .1100 - CRITERIA AND STANDARDS FORNURSING FACILITY SERVICES10 <strong>NC</strong>AC 03R .1125 INFORMATION REQUIRED OFAPPLICANT(a) An applicant proposing to establish new nursing facility oradult care home beds shall project an occupancy level for theentire facility for each <strong>of</strong> the first eight calendar quartersfollowing the completion <strong>of</strong> the proposed project. Allassumptions, including the specific methodologies by whichoccupancies are projected, shall be clearly stated.(b) An applicant proposing to establish new nursing facility oradult care home beds shall project patient origin by percentageby county <strong>of</strong> residence. All assumptions, including the specificmethodology by which patient origin is projected, shall beclearly stated.(c) An applicant proposing to establish new nursing facility oradult care home beds shall show that at least 85 percent <strong>of</strong> theanticipated patient population in the entire facility lives within<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 2002<strong>16</strong>7645 minutes normal automobile driving time (one-way) from thefacility, with the exception that this standard shall be waived forapplicants proposing to transfer existing certified nursing facilitybeds from a State Psychiatric Hospital to a community facility,facilities that are located in isolated or remote locations, fraternalor religious facilities, or facilities that are part <strong>of</strong> licensedcontinuing care facilities which make services available to largeor geographically diverse populations.(d) An applicant proposing to establish a new nursing facility oradult care home shall specify the site on which the facility willbe located. If the proposed site is not owned by or under thecontrol <strong>of</strong> the applicant, the applicant shall specify at least onealternate site on which the services could be operated shouldacquisition efforts relative to the proposed site ultimately fail,and shall demonstrate that the proposed and alternate sites areavailable for acquisition.(e) An applicant proposing to establish a new nursing facility oradult care home shall document that the proposed site andalternate sites are suitable for development <strong>of</strong> the facility withregard to water, sewage disposal, site development and zoningincluding the required procedures for obtaining zoning changesand a special use permit after a certificate <strong>of</strong> need is obtained.(f) An applicant proposing to establish new nursing facility oradult care home beds shall provide documentation todemonstrate that the physical plant will conform with allrequirements as stated in 10 <strong>NC</strong>AC 03H or 10 <strong>NC</strong>AC 42D,whichever is applicable.History Note: Authority G.S. 131E-175; 131E-176;131E-177(1); 131E-183(b); S.L. 2001, c. 234;Eff. November 1, 1996;Temporary Amendment Eff. January 1, 2002.10 <strong>NC</strong>AC 03R .1126 REQUIRED PERFORMA<strong>NC</strong>ESTANDARDS(a) An applicant proposing to add nursing facility beds to anexisting facility, except an applicant proposing to transferexisting certified nursing facility beds from a State PsychiatricHospital to a community facility, shall not be approved unlessthe average occupancy, over the nine months immediatelypreceding the submittal <strong>of</strong> the application, <strong>of</strong> the total number <strong>of</strong>licensed nursing facility beds within the facility in which thenew beds are to be operated was at least 90 percent.(b) An applicant proposing to establish a new nursing facility oradd nursing facility beds to an existing facility, except anapplicant proposing to transfer existing certified nursing facilitybeds from a State Psychiatric Hospital to a community facility,shall not be approved unless occupancy is projected to be at least90 percent for the total number <strong>of</strong> nursing facility beds proposedto be operated, no later than two years following the completion<strong>of</strong> the proposed project. All assumptions, including the specificmethodologies by which occupancies are projected, shall beclearly stated.