North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES
Subchapter I - OTHER RULES PERTAINING TO STATE OPERATED FACILITIES AND SERVICES
Section .0200 - PROCEDURES FOR OBTAINING ADULT PROTECTIVE SERVICES
Section 28I .0204 - DETERMINATION OF COMPETENCY
Current through Register Vol. 39, No. 6, September 16, 2024
Upon completion of Part I of the request form, the physician shall request a determination of the competency of the client and a determination of whether or not the client has a guardian by a staff member or members designated by the Institution Director. The staff member or members shall respond within 24 hours of receiving the request. If, in the opinion of the designated staff member or members, the client is not competent, Part II of the request form shall be completed indicating the client's incompetency and the facts upon which the opinion is based including:
(1) evidence of the client's incompetency to make or communicate a decision concerning the procedure indicated;
(2) an indication of whether the client is mentally ill and mentally retarded; and
(3) a determination of whether or not the client has a guardian.
If, in the opinion of the designated staff member or members, the client is competent, Part II of the request form shall be completed indicating the client's competency.
Authority
G.S.
108A-99 through
108A-111;
122C-57;
122C-61;
131-60.6;
143B-147;
Eff.
October 8, 1980;
Amended Eff. April 1, 1990; July 1,
1983;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. August 24,
2019.
