15A NCAC 01O .0105      AGENTS SERVING AS CONTRACTORS

(a)  An agent who is authorized in a specific local health department may contract with another local health department to provide services to the other local health department. The North Carolina Alliance of Public Health Agencies may also provide authorized agents who may perform contract services for any local health department. When a local health department contracts for such services, the contracting department shall provide a statement to the Division on progress made to employ an individual who may be considered for authorization.

(b)  A contract shall be created between the contracting local health department and the agent (contractor) or with the North Carolina Alliance of Public Health Agencies to include at least the following provisions:

(1)           Names and addresses of each party.

(2)           Scope of work to be performed.

(3)           A requirement that the original public records remain in the local health department in which the work is performed. The public records shall be left at the local health department or with an individual employed by the local health department who shall be responsible for returning said records to the local health department within two business days of the service provided.

(4)           Designation of the party responsible for maintaining public records created by the agent.

(5)           A requirement that the contracting agent be available for consultation to the public being served during usual business hours.

(6)           A requirement that the contracting agent be available for any hearing or other legal proceeding which may ensue from activities conducted by the agent.

(c)  The contracting agent shall maintain a list of each activity and the date performed for review in accordance with Paragraph (d) of this Rule.

(d)  Each public record created by the contracting agent shall be reviewed, dated, and initialed by an authorized agent of the contracting local health department. In addition, at least 10 percent of the activities performed by the agent shall be reviewed in the field by an authorized agent employed by the contracting local health department. If the contracting local health department has no authorized agent, the Division shall conduct a review of each public record created by the contracting agent. In addition, at least 10 percent of the activities performed by the agent shall be reviewed on-site in the field by the Division. The review shall be conducted each month and shall cover the previous month's activities conducted by the agent.

History Note:        Authority G.S. 130A‑4;

Temporary Adoption Eff March 1, 1998;

Eff. April 1, 1999;

Temporary Amendment Eff. March 28, 2006;

Amended Eff. August 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 16, 2019.