subchapter 26B – confidentiality rules

section .0100 – general rules

10A NCAC 26B .0101      PURPOSE AND SCOPE

(a)  The purpose of the rules in this Subchapter is to set forth requirements for those who collect, store and disseminate information on individuals who are served by facilities, as defined in G.S. 122C-3. The rules shall be used in conjunction with the confidentiality requirements specified in G.S. 122C‑51 through 122C‑56. Area and State facilities shall comply with all Rules in this Subchapter; however, facilities, as defined in G.S. 122C-3, except Area and State facilities, shall comply only with Rules .0103(b)(7) and .0111 of this Subchapter.

(b)  Area and State facilities governed by these Rules include offices of the Division; regional psychiatric hospitals, mental retardation centers and alcohol and drug abuse treatment centers; State special care centers; schools for emotionally disturbed children; area programs and their contract agencies; and other public and private agencies, institutions or programs which are operated by or contract with the Division for Mental Health, Developmental Disabilities or Substance Abuse Services. All employees, students, volunteers or other individuals who have access to or control over confidential information in these facilities or programs shall abide by these Rules. However, local hospitals that are accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) which contract with an area facility or provide services for a State facility shall be excluded from these Rules and the confidentiality policies of that accredited hospital shall apply. In addition, education records generated by Alcohol and Drug Education Traffic Schools (ADETS) and Drug Education Schools (DES) are excluded from these Rules since the records maintained by such schools are considered public records.

History Note:        Authority G.S. 122C‑52; 122C-55; 131E‑67; 143B‑147;

Eff. July 1, 1979;

Amended Eff. November 2, 1992; February 1, 1991; February 1, 1986; July 15, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015;

Amended Eff. September 1, 2021.