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The Commission for Public Health is the public health rulemaking body for North Carolina. The Commission is authorized and directed by the N.C. General Assembly to adopt rules to protect and promote the health of the public and to adopt rules necessary to implement public health programs administered by the Division of Public Health. The Commission for Public Health was first established by the N.C. General Assembly in 1877 as the State Board of Health. It was renamed the Commission for Health Services in 1973 and became the Commission for Public Health in 2007. The Division of Public Health is staff to the Commission.
The NC Commission for Public Health will hold its regularly scheduled meeting on February 1, 2023 at 9:00 a.m. via Cisco WebEx Webinar. The public may participate in the meeting by clicking this link or dialing by phone +1-415-655-0003. The WebEx Webinar Password is hMd3f6bRYR8 to join through the link and 46333627 to join through the phone. The WebEx Webinar Number/Access Code is 242 563 93477.
These rules are proposed for permanent adoption to implement S.L. 2021-180, Sec. 9G.8.(a), which directs the Commission for Public Health to adopt rules as necessary to implement requirements for the testing and remediation of lead in drinking water in public schools and the inspection for and abatement of asbestos and lead-based paint hazards in public schools and child care facilities.
Pursuant to G.S. 150B-21.3A, periodic review and expiration of existing rules, the Commission for Public Health is proposing to readopt rules 15A NCAC 18A .2801-.2804; .2806-.2810; .2812; .2814-.2827; .2829-.2836, regarding the administration and enforcement of sanitation standards in child care centers, with updates to clarify existing language and align with current practices.
The NC Commission for Public Health will hold its upcoming meeting scheduled on October 14, 2022 at 8:00 a.m. in a hybrid format: in person at Raleigh Marriott Crabtree Valley, Salon 1, 4500 Marriott Dr, Raleigh, NC 27612, and via Cisco WebEx Webinar. The public may participate in the meeting by attending in person, clicking this link, or dialing by phone +1-415-655-0003. The WebEx Webinar Password is uRJc2BsgF62 to join through the link and 87522274 to join through the phone. The WebEx Webinar Number/Access Code is 243 425 34747.
The NC Commission for Public Health will hold its upcoming meeting scheduled on November 2, 2022 at 9:00 a.m. via Cisco WebEx Webinar. The public may participate in the meeting by clicking this link or dialing by phone +1-415-655-0003. The WebEx Webinar Password is 4tJCJP8kPM7 to join through the link and 48525785 to join through the phone. The WebEx Webinar Number/Access Code is 242 997 85934.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health will hold its regularly scheduled meeting on August 3, 2022 at 9:00 a.m. via Cisco WebEx Webinar. The public may participate by clicking this link or dialing by phone +1-415-655-0003. The WebEx Webinar Password is DqcDkJHT592 to join through the link and 37235548 to join through the phone. The WebEx Webinar Number/Access Code is 2430 944 0226.
10A NCAC 41A .0107 governs the reporting of COVID-19 diagnostic test results by laboratories and healthcare providers to public health officials. Since the permanent adoption of this rule, the COVID-19 pandemic has continued to evolve. This rule is proposed for amendment to align reporting requirements with recent updates to federal guidance and current best practices.
Pursuant to G.S. 150B-21.3A, periodic review and expiration of existing rules, the Commission for Public Health is proposing to readopt rules 15A NCAC 18A .1301, .1302, .1304-.1321, .1323, .1324, and .1327, regarding the administration and enforcement of sanitation standards in institutions, with updates to clarify existing language and align with current practices.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health will hold its regularly scheduled meeting on May 4, 2022 at 9:00 a.m. via Cisco WebEx Webinar . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The WebEx Webinar Password is SamNAhQm833 to join through the link and 72662476 to join through the phone. The WebEx Webinar Number/Access Code is 242 873 69317.
The Commission for Public Health has scheduled a special meeting on Tuesday, March 29, 2022 at 8:00 am to consider adoption of proposed temporary rules to implement S.L. 2021-180, Sec. 9G.8.(a) regarding requirements for the testing and remediation of lead in drinking water in public schools and the inspection for and abatement of asbestos and lead-based paint hazards in public schools and child care facilities. This meeting will be held via Cisco WebEx Webinar. The public may attend by clicking this link or dialing by phone +1-415-655-0003. The WebEx Webinar Password is Xkd3MqSGB28 to join through the link and 95336774 to join through the phone. The WebEx Webinar Number/Access Code is 2423 205 4565.
This rule is proposed for readoption in accordance with G.S. 150B-21.3A and, as part of that process, is being updated to clarify existing language and add new language to establish a methodology for distributing funds to local health departments impacted by certain disasters, emergencies, or events.
Session Law 2021-77, Section 8.(a) amended G.S. 130A-280 to include “spas operating for display at temporary events” within the term “public swimming pool,” effective July 1, 2022. The proposed rules establish a framework to regulate these spas for protection of the public health and safety.
Notification of Proposed Temporary Rule Actions: 10A NCAC 41C .1001-.1007
These rules are proposed for adoption under temporary procedures to implement S.L. 2021-180, Sec. 9G.8.(a) , which directs the Commission for Public Health to adopt rules as necessary to implement requirements for the testing and remediation of lead in drinking water in public schools and the inspection for and abatement of asbestos and lead-based paint hazards in public schools and child care facilities.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health will hold its regularly scheduled meeting on February 2, 2022 at 9:00 a.m. via Cisco WebEx Events . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 2437 043 2742. The Event Password is TqVVjSyc947.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health will hold its upcoming meetings on October 15, 2021 and November 3, 2021 via Cisco WebEx Events.
The public may participate in the meeting scheduled on October 15, 2021 at 8:00 a.m . by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 2439 284 9702. The Event Password is 4eNAKMB2cR5.
The public may participate in the meeting scheduled on November 3, 2021 at 9:00 a.m. by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 2432 799 9252. The Event Password is 3TPiNEgAE36.
The Commission for Public Health has scheduled a special meeting on Tuesday, August 24, 2021 at 7:00 am to consider a resolution to extend the boundary lines of Brunswick Regional Water & Sewer H2GO, a Sanitary District located in Brunswick County. This meeting will be held via Cisco WebEx Events . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 161 801 2791. The Event Password is YWgVmTXD283.
Notice of Petition for Declaratory Ruling
The public comment period runs from July 30, 2021 to August 13, 2021.
Update on September 3, 2021: This Petition for Declaratory Ruling has been withdrawn.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on August 4, 2021 at 9:00 a.m. This meeting will be held via Cisco WebEx Events . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 161 322 5194. The Event Password is 5KKmaG4BRt5.
The proposed rule requires healthcare providers and laboratories to report all COVID-19 diagnostic test results, both positive and negative, to public health officials. This rule was previously adopted under emergency and temporary rulemaking. However, permanent adoption is needed to ensure that these reporting requirements do not expire from the NC Administrative Code.
The proposed rule sets out the proper precautions to prevent infection in the handling and transportation of the bodies of persons infected with COVID-19 and requires notification of those precautions. This rule was previously amended under emergency and temporary rulemaking. However, permanent amendment is needed to ensure that these requirements do not expire from the NC Administrative Code.
These rule actions are proposed to update requirements for food service establishments to align with the United States Food and Drug Administration’s 2017 Food Code and Supplement as well as to reflect current requirements and practices, clarify language, and comply with the requirements of G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on May 5, 2021 at 9:00 a.m. This meeting will be held via Cisco WebEx Events . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 185 667 7134. The Event Password is aGRPyeN59m7.
This rulemaking effort proposes to repeal the existing rules in 15A NCAC 18A Section .1900 and replace them with a new set of rules to be codified in 15A NCAC 18E. The new proposed rules update, clarify, and align the state’s on-site wastewater rules with current practice and law, facilitate innovation, standardize terminology, and improve organization and consistency of application across the state.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on February 3, 2021 at 9:00 a.m. This meeting will be held via Cisco WebEx Events . The public may participate by clicking this link or dialing by phone +1-415-655-0003. The Event Access Code is 178 383 5495. The Event Password is mVDsDYQ2b93.
The meeting of the Commission for Public Health held on December 9, 2020 at 7:30 am was adjourned with no action taken on the rule regarding access to COVID-19 immunization information. This rule may be considered further at a future Commission meeting.
The Commission for Public Health has scheduled a special meeting on Wednesday December 9, 2020 at 7:30 am, via phone at 1-888-363-4734 (access code 4028191) to consider a new proposed emergency and temporary rule regarding access to COVID-19 immunization information. You may participate in this meeting via phone by dialing this number and access code.
The proposed rule permanently amends the communicable diseases and conditions reporting requirements to include novel coronavirus infections and novel coronavirus infections causing death.
These rules are proposed for readoption, in accordance with G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, with updates to reflect current requirements and processes and clarify language.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on November 4, 2020 at 9:00 a.m. Instead of being held in-person in the Cardinal Room, 5605 Six Forks Rd, Raleigh, NC 27609, this meeting will be held via phone at 1-888-363-4734 (access code 4028191). The public may participate in this meeting via phone by dialing this number and access code.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on October 16, 2020 at 9:00 a.m. Instead of being held in-person at Raleigh Crabtree Marriott, 4500 Marriott Dr, Raleigh, NC 27612, this meeting will be held via phone at 1-888-363-4734 (access code 4028191). The public may participate in this meeting via phone by dialing this number and access code.
Notification of Emergency and Proposed Temporary Rule Actions: 10A NCAC 41A .0107
These rule actions require healthcare providers and laboratories to report all COVID-19 diagnostic test results, both positive and negative, to public health officials.
Notification of Emergency and Proposed Temporary Rule Actions: 10A NCAC 41A .0212
These rule actions establish control measures to prevent infection in the handling and transportation of the bodies of persons infected with COVID-19.
The Commission for Public Health has scheduled a special meeting on Tuesday, September 15, 2020 at 7:00 am, via phone at 1-888-363-4734 (access code 4028191) to review proposed rules regarding communicable disease reporting and control measures responsive to the COVID-19 pandemic, including consideration of proposed rules to extend the State Health Director Temporary Order to Report COVID-19 Diagnostic Test Results and Guidance and respond to the Rulemaking Petition received from the North Carolina Board of Funeral Service. You may participate in this meeting via phone by dialing this number and access code.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on August 5, 2020 at 9:00 a.m. Instead of being held in-person in the Cardinal Room, 5605 Six Forks Rd, Raleigh, NC 27609, this meeting will be held via phone at 1-888-363-4734 (access code 4028191). The public may participate in this meeting via phone by dialing this number and access code.
In alignment with protective measures to prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of venue for its regularly scheduled meeting on May 6, 2020 at 9:00 a.m. Instead of being held in-person in the Cardinal Room, 5605 Six Forks Rd, Raleigh, NC 27609, this meeting will be held via phone at 1-888-363-4734 (access code 4028191). The public may participate in this meeting via phone by dialing this number and access code.
The Commission for Public Health, Committee for On-site Wastewater Rules has scheduled a meeting on Thursday, April 30, 2020 at 9:30 am, via phone at 1-919-733-2429, to discuss the SL 2019-151 On-Site Wastewater Task Force Report. You may participate in this meeting via phone by dialing 1-919-733-2429 (no access code needed).
The Commission for Public Health, Committee for On-site Wastewater Rules has scheduled a meeting on Tuesday, April 7, 2020 at 9 am, via phone at 1-704-342-6203, to discuss the SL 2019-151 On-Site Wastewater Task Force Report. You may participate in this meeting via phone by dialing 1-704-342-6203 (no access code needed).
10A NCAC 41A .0101 (Permanent Amendment)
In an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the NC Commission for Public Health is providing notice of a change of procedure for the public hearing on the proposed permanent amendment of 10A NCAC 41A .0101. The public hearing will still be conducted on the same date and at the same time as previously published in the North Carolina Register, but will be held by teleconference, instead of being held in person, as follows:
Date: Monday, April 13, 2020
Time: 10:00 a.m.
Teleconference Phone Number: 919-662-4658 (no access code
needed)
The Commission for Public Health has scheduled a special meeting on Tuesday, March 24, 2020 at 7:15 am, via phone at 1-888-363-4734 (access code 4028191) to review the proposed temporary amendment of 10A NCAC 41A .0101 to update the communicable diseases and conditions reporting requirements to include novel coronavirus and to discuss the SL 2019-151 Onsite Wastewater Taskforce Report. You may participate in this meeting in person in the Division of Public Health Director’s Board Room (5605 Six Forks Road, Raleigh, North Carolina 27609 - Building 3, 1st Floor) or via phone by dialing 1-888-363-4734 (access code 4028191).
Notification of Proposed Permanent Amendment of 10A NCAC 41A .0101
The proposed rule amends the communicable diseases and conditions reporting requirements to: (1) add Acute Flaccid Myelitis, Babesiosis, Varicella, and Interferon Gamma Release Assay testing; (2) re-list Zika; and (3) make technical changes related to nomenclature, timing of reporting, and scientific progress in laboratory testing and reporting.
These rule actions update the communicable diseases and conditions reporting requirements to include novel coronavirus (nCoV).
Notification of Proposed Amendments to 10A NCAC 41B .0322, .0323, and .0503 - Forensic Tests for Alcohol
The proposed rules amend the breath alcohol test and alcohol screening test rules to add one additional breath testing instrument and five additional alcohol screening test devices.
Pursuant to G.S. 150B-21.3A, each agency in North Carolina is required to conduct a review of its existing administrative rules at least once every 10 years. Following this review, each agency is required to readopt certain rules under the permanent rulemaking process. The Rules Review Commission, in consultation with the agency, is required to establish a date by which the agency must readopt the rules. The Commission for Public Health has completed the review process for the environmental health rules in 15A NCAC 18A and is requesting a readoption date of March 1, 2024. The draft letter sets out the 97 rules to be readopted. These are complex rules that regulate public health sanitation in a wide range of facilities, including food establishments, public swimming pools, child care centers, hospitals, nursing homes, adult care homes, residential care facilities, and camps, among others. The proposed readoption date provides the necessary time to collaborate with stakeholders for each set of rules throughout the readoption process.
The proposed readoption date will be considered at the October 17, 2019, Rules Review Commission meeting. If you have questions, please send an email to cphcomment or contact Virginia Niehaus, Rulemaking Coordinator, at 919 707-5006.
Notification of Proposed Temporary Rule Actions : 15A NCAC 18A .2508 and .2543
The proposed rules are being amended under temporary procedures in compliance with SL 2019-88, which directs the Commission for Public Health to adopt rules governing the construction and operation of artificial swimming lagoons by December 1, 2019.
Notification of Proposed Rule Actions (Readoptions and Amendment) : 10A NCAC 41C .0701-.0703 - Occupational Health Surveillance
Notification of Proposed Rule Actions (Amendments and Repeal) : 10A NCAC 43D .0202, .0408, .0501, .0701, .0702, .0703, .0704, .0705, .0706, .0707, .0708, .0710, .0908 - WIC/Nutrition
The Commission for Public Health has scheduled a special meeting on Friday, September 13, 2019 at 7:15 am, via phone at 1-888-363-4734 (access code 4028191) to review proposed rules to govern the construction and operation of artificial swimming lagoons pursuant to Session Law 2019-88, Section 2. You may participate in this meeting in person in the Division of Public Health Director’s Board Room (5605 Six Forks Road, Raleigh, North Carolina 27609 - Building 3, 1st Floor) or via phone by dialing 1-888-363-4734 (access code 4028191).
Proposed Amendment 15A NCAC 18A .2816: Lead Poisoning Hazards in Child Care Centers
The proposed rule amendment requires that child care centers periodically test for lead in water from outlets used for drinking and food preparation and mitigate if testing reveals lead concentrations above the lead hazard level.
The Commission for Public Health has scheduled a special meeting on Monday, March 25, 2019 at 7:30 am, via phone at 1-888-363-4734 (access code 5723249) to review new periodic review final determinations on the 15A NCAC 18A rules pursuant to G.S. 150B-21.3A. You may participate in this meeting in person in the Division of Public Health Director’s Board Room (5605 Six Forks Road, Raleigh, North Carolina 27609 - Building 3, 1st Floor) or via phone by dialing 1-888-363-4734 (access code 5723249).
N.C.G.S. §150B-21.3A requires the North Carolina Commission for Public Health (CPH) to review all existing rules according to a schedule adopted by the North Carolina Rules Review Commission (RRC). The CPH is required to post the results of its initial determination regarding rules on its website and accept public comment for 60 days. This gives the public the opportunity to submit comments on the rules. A comment is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the RRC to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).
This announcement includes the CPH’s initial determination for the following
rules:
15A NCAC 18A – SANITATION
The comment period for this subchapter was December 20, 2018 through March 04, 2019.
The Commission for Public Health has scheduled a special meeting on Tuesday, December 18, 2018 at 7:30 am, via phone at 1-888-363-4734 (access code 5723249) to review new periodic review initial determinations on the 15A NCAC 18A rules pursuant to G.S.150B-21.3A and to hold a closed session. You may participate in this meeting in person in the Division of Public Health Director’s Board Room (5605 Six Forks Road, Raleigh, North Carolina 27609 - Building 3, 1st Floor) or via phone by dialing 1-888-363-4734 (access code 5723249).
Proposed Temporary Environmental Health Rules
Environmental Health - Sanitation 15A NCAC 18A
The public hearing on the proposed temporary rules scheduled for Thursday, November 29, 2018 has been cancelled . For more information, please see the notice above.
Notice of Proposed Temporary Environmental Health Rules
Environmental Health - Sanitation 15A NCAC 18A
The Commission for Public Health has submitted form OAH 0700 to the Codifier of Rules, Office of Administrative Hearings, indicating its intent to adopt temporary rules. A public hearing on these rules is scheduled for Thursday, November 29, 2018 from 10:30am - 12:30pm in the Cardinal Conference Room, 5605 Six Forks Road, Raleigh, North Carolina 27609, Building 3, 1st Floor. The Commission for Public Health is accepting public comments on these rules from November 15, 2018 - December 10, 2018. For more information, please see the notice linked above.
Due to serious and unforeseen circumstances, the Commission for Public Health has formally adopted emergency rules and proposed temporary rules which are necessary to address critical public health issues effective on November 15, 2018 or such other date that the existing environmental health rules currently set forth in 15A NCAC 18A may expire automatically as a matter of law. The Commission for Public Health has scheduled a public hearing regarding these proposed temporary rules on Thursday, November 29, 2018, 10:30 am - 12:30 pm, at the Cardinal Conference Room (5605 Six Forks Road, Raleigh, North Carolina 27609; Building 3, 1st Floor).
The Commission for Public Health has scheduled an emergency meeting on Wednesday, October 31, 2018 at 8 am to consider adoption of emergency and temporary rules pertaining to the standards and requirements set forth in the current 15A NCAC 18A environmental health rules. Consistent with NC General Statute 143-318.12(f), this meeting is scheduled on an emergency basis due to unexpected circumstances that require immediate consideration by the Commission. You may participate in this meeting in person in the Division of Public Health Director’s Board Room (5605 Six Forks Road, Raleigh, NC 27609 - Building 3, 1st Floor) or via phone by dialing 1-888-363-4734 (the access code is 5723249).
Request for Acceptance and Review (15A NCAC 18A)
As part of the Periodic Rules Review Process established under N.C.G.S. 150B-21.3A, the Commission for Public Health and the NC Department of Health and Human Services have submitted to the Rules Review Commission a Request for Acceptance and Review of the agency report required under N.C.G.S. 150B-21.3A(c)(1). This request pertains to the Environmental Health Rules located in subchapter 18A of Title 15A of the North Carolina Administrative Code. Members of the public may contact the Rules Review Commission to object to this request.
The Commission for Public Health has scheduled an emergency meeting on Saturday, October 20, 2018 at 8:30 am, via phone at 1-888-363-4734 (access code 5723249) to review the Division of Public Health’s final determination for Public Health’s existing 15A NCAC 18A rules. Consistent with NC General Statute 143.318.12(f), this meeting is scheduled on an emergency basis due to unexpected circumstances that require immediate consideration by the Commission.
Proposed Amendment 10A NCAC 41A .0101
An amendment to the NC Reportable Diseases and Conditions rule is needed to add two healthcare acquired infections as required to be reportable to the Division of Public Health and also to make a minor technical correction to the recently codified amendment.
Proposed Amendments 15A NCAC 18E
Proposed for Adoption: 15A NCAC 18E: Wastewater Treatment and Dispersal Systems; Proposed for Repeal: 15A NCAC 18A .1934-.1935, .1937-.1962, .1964-.1971
This a re-posting based on significant revisions made based on public comments received from the initial publication. The proposed rules were originally published in the North Carolina Register, Volume 32: Issue 5 and posted on this site on September 1, 2017, as announced below.
Proposed Amendment: 10A NCAC 43D .0708 (Authorized Vendors)
This amendment corrects an error in the recently adopted rule. The minimum inventory for skim milk should be six gallons (not four), as was originally noticed but not carried forward to the codified version approved by the Rules Review Commission.
The on-site wastewater treatment system rules (15A NCAC 18A .1900) have not been updated as a complete package since 1990. In the intervening 27 years, the industry has seen many technological advances, terminology has been standardized and practical knowledge has been enhanced. The proposed rules incorporate current rule interpretations and existing knowledge of advanced technologies, include previously excluded products, updated and simplified terminology, and reflect significant improvement in consistency and clarity.
Updated: 01-19-2023
