10A ncac 13C .0103      DEFINITIONS

In addition to the terms defined in G.S. 131E-214.13, the following terms shall apply throughout this Subchapter, unless the context clearly requires otherwise:

(1)           "Adequate" means, when applied to various areas of services, that the services are satisfactory in meeting a referred to need when measured against professional standards of practice.

(2)           "AAAASF" means American Association for Accreditation of Ambulatory Surgery Facilities.

(3)           "AAAHC" means Accreditation Association for Ambulatory Health Care.

(4)           "Ancillary nursing personnel" means persons employed to assist registered nurses or licensed practical nurses in the care of patients.

(5)           "Anesthesiologist" means a physician whose specialized training and experience qualify him or her to administer anesthetic agents and to monitor the patient under the influence of these agents. For the purpose of this Subchapter, the term "anesthesiologist" shall not include podiatrists.

(6)           "Anesthetist" means a physician or dentist qualified, as defined in Items (10) and (24) of this Rule, to administer anesthetic agents or a registered nurse qualified, as defined in Items (25) and (27) of this Rule, to administer anesthesia.

(7)           "Authority having jurisdiction" means the Division of Health Service Regulation.

(8)           "Chief executive officer" or "administrator" means a qualified person appointed by the governing authority to act in its behalf in the overall management of the facility and whose office is located in the facility.

(9)           "Current Procedural Terminology (CPT)" means a medical code set developed by the American Medical Association.

(10)         "Dentist" means a person who holds a valid license issued by the North Carolina Board of Dental Examiners to practice dentistry.

(11)         "Department" means the North Carolina Department of Health and Human Services.

(12)         "Director of nursing" means a registered nurse who is responsible to the chief executive officer or administrator and has the authority and direct responsibility for all nursing services and nursing care for the entire facility at all times.

(13)         "Financial assistance" means a policy, including charity care, describing how the organization will provide assistance at its facility. Financial assistance includes free or discounted health services provided to persons who meet the organization's criteria for financial assistance and are unable to pay for all or a portion of the services. Financial assistance does not include:

(a)           bad debt;

(b)           uncollectable charges that the organization recorded as revenue but wrote off due to a patient's failure to pay;

(c)           the cost of providing such care to the patients in Sub-Item (13)(b) of this Rule; or

(d)           the difference between the cost of care provided under Medicare or other government programs, and the revenue derived therefrom.

(14)         "Governing authority" means the individual, agency, group, or corporation appointed, elected, or otherwise designated, in which the ultimate responsibility and authority for the conduct of the ambulatory surgical facility is vested.

(15)         "Healthcare Common Procedure Coding System (HCPCS)" means a three tiered medical code set consisting of Level I, II and III services and contains the CPT code set in Level I.

(16)         "JCAHO" or "Joint Commission" means Joint Commission on Accreditation of Healthcare Organizations.

(17)         "Licensing agency" means the Department of Health and Human Services, Division of Health Service Regulation.

(18)         "Licensed practical nurse (L.P.N.)" means any person licensed as such under the provisions of G.S. 90-171.20(8).

(19)         "Nursing personnel" means registered nurses, licensed practical nurses, and ancillary nursing personnel.

(20)         "Operating room" means a room in which surgical procedures are performed.

(21)         "Patient" means a person admitted to and receiving care in a facility.

(22)         "Person" means an individual, a trust or estate, a partnership or corporation, including associations, joint stock companies and insurance companies; the State, or a political subdivision or instrumentality of the state.

(23)         "Pharmacist" means a person who holds a valid license issued by the North Carolina Board of Pharmacy to practice pharmacy in accordance with G.S. 90-85.3A.

(24)         "Physician" means a person who holds a valid license issued by the North Carolina Medical Board to practice medicine. For the purpose of carrying out these Rules, a "physician" may also mean a person holding a valid license issued by the North Carolina Board of Podiatry Examiners to practice podiatry.

(25)         "Qualified person," when used in connection with an occupation or position, means a person:

(a)           who has demonstrated through experience the ability to perform the required functions; or

(b)           who has certification, registration, or other professional recognition.

(26)         "Recovery area" means a room used for the post-anesthesia recovery of surgical patients.

(27)         "Registered nurse" means a person who holds a valid license issued by the North Carolina Board of Nursing to practice nursing as defined in G.S. 90-171.20(7).

(28)         "Surgical suite" means an area that includes one or more operating rooms and one or more recovery rooms.


History Note:        Authority G.S. 131E‑149; 131E-214.13;

Eff. October 14, 1978;

Amended Eff. April 1, 2003; November 1, 1989;

Temporary Amendment Eff. December 31, 2014;

Amended Eff. September 30, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 23, 2017.