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North Carolina General Statutes Chapter 122C Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985

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Article 1 - General Provisions.

  • N.C. Gen. Stat. § 122C-1.   Short title
    This Chapter may be cited as the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985. (1985, c. 589, s. 2; 1989, c....
  • N.C. Gen. Stat. § 122C-2.   Policy
    The policy of the State is to assist individuals with needs for mental health, developmental disabilities, and substance abuse services in ways consistent with...
  • N.C. Gen. Stat. § 122C-3.   Definitions
    The following definitions apply in this Chapter: (1) "Area authority" means the area mental health, developmental disabilities, and substance abuse authority. (2) "Area board"...
  • N.C. Gen. Stat. § 122C-5.   Report on restraint and seclusion
    The Secretary shall report annually on October 1 to the Joint Legislative Oversight Committee on Health and Human Services on the following for the...
  • N.C. Gen. Stat. § 122C-6.   Smoking prohibited; penalty
    (a) Smoking is prohibited inside facilities licensed under this Chapter. As used in this section, "smoking" means the use or possession of any lighted...
  • N.C. Gen. Stat. § 122C-7.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-8.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-9.   Reserved for future codification purposes

Article 1A - MH/DD/SA Consumer Advocacy Program.

  • N.C. Gen. Stat. § 122C-10.   (This article has a contingent effective date see note) MH/DD/SA Consumer Advocacy Program
    The General Assembly finds that many consumers of mental health, developmental disabilities, and substance abuse services are uncertain about their rights and responsibilities and...
  • N.C. Gen. Stat. § 122C-11.   (This article has a contingent effective date - see notes) MH/DD/SA Consumer Advocacy Program/definitions
    Unless the context clearly requires otherwise, as used in this Article: (1) "MH/DD/SA" means mental health, developmental disabilities, and substance abuse. (2) "State Consumer...
  • N.C. Gen. Stat. § 122C-12.   (This article has a contingent effective date - see note) State MH/DD/SA Consumer Advocacy Program
    The Secretary shall establish a State MH/DD/SA Consumer Advocacy Program office in the Office of the Secretary of Health and Human Services. The Secretary...
  • N.C. Gen. Stat. § 122C-13.   (This article has a contingent effective date - see note) State Consumer Advocate duties
    The State Consumer Advocate shall: (1) Establish Local Quality Care Consumer Advocacy Programs described in G.S. 122C-14 and appoint the Local Consumer Advocates. (2)...
  • N.C. Gen. Stat. § 122C-14.   (This article has a contingent effective date - see note) Local Consumer Advocate; duties
    (a) The State Consumer Advocate shall establish a Local MH/DD/SA Consumer Advocacy Program in locations in the State to be designated by the Secretary....
  • N.C. Gen. Stat. § 122C-15.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records
    (a) For purposes of this section, G.S. 122C-16 and G.S. 122C-17, "Consumer Advocate" means either the State Consumer Advocate or any Local Consumer Advocate....
  • N.C. Gen. Stat. § 122C-16.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; resolution of complaints
    (a) Following receipt of a complaint, a Consumer Advocate shall attempt to resolve the complaint using, whenever possible, informal mediation, conciliation, and persuasion. (b)...
  • N.C. Gen. Stat. § 122C-17.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; confidentiality
    (a) Except as required by law, a Consumer Advocate shall not disclose the following: (1) Any confidential or privileged information obtained pursuant to G.S....
  • N.C. Gen. Stat. § 122C-18.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; retaliation prohibited
    No one shall discriminate or retaliate against any person, provider, or facility because the person, provider, or facility in good faith complained or provided...
  • N.C. Gen. Stat. § 122C-19.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; immunity from liability
    (a) The State and Local Consumer Advocate shall be immune from liability for the good faith performance of official Consumer Advocate duties. (b) A...
  • N.C. Gen. Stat. § 122C-20.   (This Article has a contingent effective date - see note) State/Local Consumer Advocate; penalty for willful interference
    Willful interference by an individual other than the consumer or the consumer's representative with the State or a Local Consumer Advocate in the performance...
  • N.C. Gen. Stat. § 122C-20.1.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-20.2.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-20.3.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-20.4.   Reserved for future codification purposes

Article 1B - Transitions to Community Living.

  • N.C. Gen. Stat. § 122C-20.5.   Definitions
    The following definitions apply in this Article: (1) Individual with serious and persistent mental illness or SPMI. - A person who is 18 years...
  • N.C. Gen. Stat. § 122C-20.6.   Department to establish statewide supportive housing program for individuals transitioning into community living; purpose
    The Department of Health and Human Services, in consultation with the North Carolina Housing Finance Agency, shall establish and administer a tenant-based rental assistance...
  • N.C. Gen. Stat. § 122C-20.7.   Administration of housing subsidies for supportive housing
    The Department may enter into a contract with a private vendor to serve as the housing subsidy administrator for the North Carolina Supportive Housing...
  • N.C. Gen. Stat. § 122C-20.8.   Eligibility requirements for NC Supportive Housing Program
    The Division of Aging and Adult Services shall adopt rules to establish eligibility requirements for the program. The eligibility requirements shall, at a minimum,...
  • N.C. Gen. Stat. § 122C-20.9.   In-reach activities for supportive housing
    The Department shall have ongoing responsibility for developing and distributing a list of potentially eligible program participants for each LME/MCO by catchment area. Upon...
  • N.C. Gen. Stat. § 122C-20.10.   Allocation of supportive housing slots to LMECOs
    The Department shall annually determine the number of housing slots to be allocated to each LME/MCO as follows: (1) Each year, the Department shall...
  • N.C. Gen. Stat. § 122C-20.11.   Transition of program participants into housing slots
    The LME/MCO shall develop a written transition plan for each individual determined to be eligible and interested in participating in the North Carolina Supportive...
  • N.C. Gen. Stat. § 122C-20.12.   Transition services
    LME/MCOs shall provide individualized transition services to program participants within their respective catchment areas for the 90-day period following the individual's transition into a...
  • N.C. Gen. Stat. § 122C-20.13.   Tenancy support services
    The Department or the housing subsidy administrator shall provide ongoing tenancy support services to program participants. (2013-397, s. 6(a).)
  • N.C. Gen. Stat. § 122C-20.14.   Approval of landlords and housing units
    The Department shall develop an application process for owners of housing units seeking to participate in the program as landlords. The application process shall,...
  • N.C. Gen. Stat. § 122C-20.15.   Annual reporting on NC Supportive Housing Program
    Annually on October 1, the Department shall report to the Joint Legislative Oversight Committee on Health and Human Services of the General Assembly on...
  • N.C. Gen. Stat. § 122C-20.16.   NC Supportive Housing Program not an entitlement
    The Department shall not be required to provide housing slots to individuals beyond the number that can be supported by funds appropriated by the...

Article 2 - Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers.

  • N.C. Gen. Stat. § 122C-21.   Purpose
    The purpose of this Article is to provide for licensure of facilities for the mentally ill, developmentally disabled, and substance abusers by the development,...
  • N.C. Gen. Stat. § 122C-22.   Exclusions from licensure; deemed status
    (a) All of the following are excluded from the provisions of this Article and are not required to obtain licensure under this Article: (1)...
  • N.C. Gen. Stat. § 122C-23.   Licensure
    (a) No person shall establish, maintain, or operate a licensable facility for the mentally ill, developmentally disabled, or substance abusers without a current license...
  • N.C. Gen. Stat. § 122C-23.1.   Licensure of residential treatment facilities
    The General Assembly finds: (1) That much of the care for residential treatment facility residents is paid by the State and the counties; (2)...
  • N.C. Gen. Stat. § 122C-24.   Adverse action on a license
    (a) The Secretary may deny, suspend, amend, or revoke a license in any case in which the Secretary finds that there has been a...
  • N.C. Gen. Stat. § 122C-24.1.   Penalties; remedies
    (a) Violation Classification and Penalties. - The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this...
  • N.C. Gen. Stat. § 122C-25.   Inspections; confidentiality
    (a) The Secretary shall make or cause to be made inspections that the Secretary considers necessary. Facilities licensed under this Article shall be subject...
  • N.C. Gen. Stat. § 122C-26.   Powers of the Commission
    In addition to other powers and duties, the Commission shall exercise the following powers and duties: (1) Adopt, amend, and repeal rules consistent with...
  • N.C. Gen. Stat. § 122C-27.   Powers of the Secretary
    The Secretary shall: (1) Administer and enforce the provisions, rules, and decisions pursuant to this Article; (2) Appoint hearing officers to conduct appeals under...
  • N.C. Gen. Stat. § 122C-28.   Penalties
    Operating a licensable facility without a license is a Class 3 misdemeanor and is punishable only by a fine not to exceed fifty dollars...
  • N.C. Gen. Stat. § 122C-29.   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Secretary may, in the way provided by law, maintain an action in the...
  • N.C. Gen. Stat. § 122C-30.   Peer review committee; immunity from liability; confidentiality
    For purposes of peer review functions of a facility licensed under the provisions of this Chapter: (1) A member of a duly appointed peer...
  • N.C. Gen. Stat. § 122C-31.   Report required upon death of client
    (a) A facility shall notify the Secretary immediately upon the death of any client of the facility that occurs within seven days of physical...
  • N.C. Gen. Stat. § 122C-32 through 122C-50.   Reserved for future codification purposes

Article 3 - Clients' Rights and Advance Instruction.

  • N.C. Gen. Stat. § 122C-51.   Declaration of policy on clients' rights
    It is the policy of the State to assure basic human rights to each client of a facility. These rights include the right to...
  • N.C. Gen. Stat. § 122C-52.   Right to confidentiality
    (a) Except as provided in G.S. 132-5 and G.S. 122C-31(h), confidential information acquired in attending or treating a client is not a public record...
  • N.C. Gen. Stat. § 122C-53.   Exceptions; client
    (a) A facility may disclose confidential information if the client or his legally responsible person consents in writing to the release of the information...
  • N.C. Gen. Stat. § 122C-54.   Exceptions; abuse reports and court proceedings
    (a) A facility shall disclose confidential information if a court of competent jurisdiction issues an order compelling disclosure. (a1) Upon a determination by the...
  • N.C. Gen. Stat. § 122C-54.1.   Restoration process to remove mental commitment bar
    (a) Any individual over the age of 18 may petition for the removal of the disabilities pursuant to 18 U.S.C. 922(d)(4) and (g)(4), G.S....
  • N.C. Gen. Stat. § 122C-55.   Exceptions; care and treatment
    (a) Any facility may share confidential information regarding any client of that facility with any other facility when necessary to coordinate appropriate and effective...
  • N.C. Gen. Stat. § 122C-56.   Exceptions; research and planning
    (a) The Secretary may require information that does not identify clients from State and area facilities for purposes of preparing statistical reports of activities...
  • N.C. Gen. Stat. § 122C-57.   Right to treatment and consent to treatment
    (a) Each client who is admitted to and is receiving services from a facility has the right to receive age-appropriate treatment for mental health,...
  • N.C. Gen. Stat. § 122C-58.   Civil rights and civil remedies
    Except as otherwise provided in this Chapter, each adult client of a facility keeps the same right as any other citizen of North Carolina...
  • N.C. Gen. Stat. § 122C-59.   Use of corporal punishment
    Corporal punishment may not be inflicted upon any client. (1973, c. 475, s. 1; 1985, c. 589, s. 2.)
  • N.C. Gen. Stat. § 122C-60.   Use of physical restraints or seclusion
    (a) Physical restraint or seclusion of a client shall be employed only when there is imminent danger of abuse or injury to the client...
  • N.C. Gen. Stat. § 122C-61.   Treatment rights in 24-hour facilities
    In addition to the rights set forth in G.S. 122C-57, each client who is receiving services at a 24-hour facility has the following rights:...
  • N.C. Gen. Stat. § 122C-62.   Additional rights in 24-hour facilities
    (a) In addition to the rights enumerated in G.S. 122C-51 through G.S. 122C-61, each adult client who is receiving treatment or habilitation in a...
  • N.C. Gen. Stat. § 122C-63.   Assurance for continuity of care for individuals with mental retardation
    (a) Any individual with mental retardation admitted for residential care or treatment for other than respite or emergency care to any residential facility operated...
  • N.C. Gen. Stat. § 122C-64.   Client rights and human rights committees
    Client rights and human rights committees responsible for protecting the rights of clients shall be established at each State facility, for each local management...
  • N.C. Gen. Stat. § 122C-65.   Offenses relating to clients
    (a) For the protection of clients receiving treatment or habilitation in a 24-hour facility, it is unlawful for any individual who is not a...
  • N.C. Gen. Stat. § 122C-66.   Protection from abuse and exploitation; reporting
    (a) An employee of or a volunteer at a facility who, other than as a part of generally accepted medical or therapeutic procedure, knowingly...
  • N.C. Gen. Stat. § 122C-67.   Other rules regarding abuse, exploitation, neglect not prohibited
    G.S. 122C-66 does not prohibit the Commission from adopting rules for State and area facilities and does not prohibit other facilities from issuing policies...
  • N.C. Gen. Stat. § 122C-68.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-69.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-70.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-71.   Purpose
    (a) The General Assembly recognizes as a matter of public policy the fundamental right of an individual to control the decisions relating to the...
  • N.C. Gen. Stat. § 122C-72.   Definitions
    As used in this Part, unless the context clearly requires otherwise, the following terms have the meanings specified: (1) "Advance instruction for mental health...
  • N.C. Gen. Stat. § 122C-73.   Scope, use, and authority of advance instruction for mental health treatment
    (a) Any adult of sound mind may make an advance instruction regarding mental health treatment. The advance instruction may include consent to or refusal...
  • N.C. Gen. Stat. § 122C-74.   Effectiveness and duration; revocation
    (a) A validly executed advance instruction becomes effective upon its proper execution and remains valid unless revoked. (b) The attending physician or other mental...
  • N.C. Gen. Stat. § 122C-75.   Reliance on advance instruction for mental health treatment
    (a) An attending physician or eligible psychologist who in good faith determines that the principal is or is not incapable for the purpose of...
  • N.C. Gen. Stat. § 122C-76.   Penalty
    It is a Class 2 misdemeanor for a person, without authorization of the principal, willfully to alter, forge, conceal, or destroy an instrument, the...
  • N.C. Gen. Stat. § 122C-77.   Statutory form for advance instruction for mental health treatment
    (a) This Part shall not be construed to invalidate an advance instruction for mental health treatment that was executed prior to January 1, 1999,...
  • N.C. Gen. Stat. § 122C-78.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-79.   Reserved for future codification purposes

Article 3A - Miscellaneous Provisions.

  • N.C. Gen. Stat. § 122C-80.   Criminal history record check required for certain applicants for employment
    (a) Definition. - As used in this section, the term "provider" applies to an area authority/county program and any provider of mental health, developmental...
  • N.C. Gen. Stat. § 122C-81.   National accreditation benchmarks
    (a) As used in this section, the term: (1) "National accreditation" applies to accreditation by an entity approved by the Secretary that accredits mental...

Article 4 - Organization and System for Delivery of Mental Health, Developmental Disabilities, and Substance Abuse Services.

  • N.C. Gen. Stat. § 122C-101.   Policy
    Within the public system of mental health, developmental disabilities, and substance abuse services, there are area, county, and State facilities. An area authority or...
  • N.C. Gen. Stat. § 122C-102.   State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services; system performance measures
    (a) Purpose of State Plan. - The Department shall develop and implement a State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services....
  • N.C. Gen. Stat. § 122C-103 through 122C-110.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-111.   Administration
    The Secretary shall administer and enforce the provisions of this Chapter and the rules of the Commission and shall operate State facilities. An area...
  • N.C. Gen. Stat. § 122C-112.   Repealed by Session Laws 2001-437, s. 1.7(a), effective July 1, 2002
  • N.C. Gen. Stat. § 122C-112.1.   Powers and duties of the Secretary
    (a) The Secretary shall do all of the following: (1) Oversee development and implementation of the State Plan for Mental Health, Developmental Disabilities, and...
  • N.C. Gen. Stat. § 122C-113.   Cooperation between Secretary and other agencies
    (a) The Secretary shall cooperate with other State agencies to coordinate services for the treatment and habilitation of individuals who are mentally ill, developmentally...
  • N.C. Gen. Stat. § 122C-114.   Powers and duties of the Commission
    (a) The Commission shall have authority as provided by this Chapter, Chapters 90 and 148 of the General Statutes, and by G.S. 143B-147. (b)...
  • N.C. Gen. Stat. § 122C-115.   Duties of counties; appropriation and allocation of funds by counties and cities
    (a) A county shall provide mental health, developmental disabilities, and substance abuse services in accordance with rules, policies, and guidelines adopted pursuant to statewide...
  • N.C. Gen. Stat. § 122C-115.1.   County governance and operation of mental health, developmental disabilities, and substance abuse services program
    (a) A county may operate a county program for mental health, developmental disabilities, and substance abuse services as a single county or, pursuant to...
  • N.C. Gen. Stat. § 122C-115.2.   LME business plan required; content, process, certification
    (a) Every county, through an area authority or county program, shall provide for the development, review, and approval of an LME business plan for...
  • N.C. Gen. Stat. § 122C-115.3.   Dissolution of area authority
    (a) Repealed by Session Laws 2013-85, s. 5(a), effective June 12, 2013. (b) No county shall withdraw from an area authority nor shall an...
  • N.C. Gen. Stat. § 122C-115.4.   Functions of local management entities
    (a) Local management entities are responsible for the management and oversight of the public system of mental health, developmental disabilities, and substance abuse services...
  • N.C. Gen. Stat. § 122C-116.   Status of area authority; status of consolidated human services agency
    (a) An area authority is a local political subdivision of the State. (b) A consolidated human services agency is a department of the county....
  • N.C. Gen. Stat. § 122C-117.   Powers and duties of the area authority
    (a) The area authority shall do all of the following: (1) Engage in comprehensive planning, budgeting, implementing, and monitoring of community-based mental health, developmental...
  • N.C. Gen. Stat. § 122C-118.   Repealed by Session Laws 2001-437, s. 1.11
  • N.C. Gen. Stat. § 122C-118.1.   Structure of area board
    (a) An area board shall have no fewer than 11 and no more than 21 voting members. The board of county commissioners, or the...
  • N.C. Gen. Stat. § 122C-118.2.   Establishment of county commissioner advisory board
    (a) There is established a county commissioner advisory board for each catchment area, consisting of one county commissioner from each county in the catchment...
  • N.C. Gen. Stat. § 122C-119.   Organization of area board
    (a) The area board shall meet at least six times per year. (b) Meetings shall be called by the area board chairman or by...
  • N.C. Gen. Stat. § 122C-119.1.   Area Authority board members' training
    All members of the governing body for an area authority shall receive initial orientation on board members' responsibilities and annual training provided by the...
  • N.C. Gen. Stat. § 122C-120.   Compensation of area board members
    (a) Area board members may receive as compensation for their services per diem and a subsistence allowance for each day during which they are...
  • N.C. Gen. Stat. § 122C-120.1.   Job classifications; director and finance officer
    (a) The Office of State Human Resources shall develop a job classification for director of an area authority or county program that reflects the...
  • N.C. Gen. Stat. § 122C-121.   Area director
    (a) The area director is an employee of the area board, shall serve at the pleasure of the board, and shall be appointed in...
  • N.C. Gen. Stat. § 122C-122.   Repealed by Session Laws 2012-151, s. 12(a), effective July 12, 2012
  • N.C. Gen. Stat. § 122C-123.   Other agency responsibility
    Notwithstanding the provisions of G.S. 122C-112(a)(10), G.S. 122C-117(a)(1), G.S. 122C-127, and G.S. 122C-131, other agencies of the Department, other State agencies, and other local...
  • N.C. Gen. Stat. § 122C-123.1.   Area authority reimbursement to State for disallowed expenditures
    Any funds or part thereof of an area authority that are transferred by the area authority to any entity including a firm, partnership, corporation,...
  • N.C. Gen. Stat. § 122C-124.   Repealed by Session Laws 2001-437, s. 1.13(a)
  • N.C. Gen. Stat. § 122C-124.1.   Actions by the Secretary when area authority or county program is not providing minimally adequate services
    (a) Notice of Likelihood of Action. - When the Secretary determines that there is a likelihood of suspension of funding, assumption of service delivery...
  • N.C. Gen. Stat. § 122C-124.2.   Actions by the Secretary to ensure effective management of behavioral health services under the 1915(b)/(c) Medicaid Waiver
    (a) For all local management entity/managed care organizations, the Secretary shall certify whether the LME/MCO is in compliance or is not in compliance with...
  • N.C. Gen. Stat. § 122C-125.   Area Authority financial failure; State assumption of financial control
    At any time that the Secretary of the Department of Health and Human Services determines that an area authority is in imminent danger of...
  • N.C. Gen. Stat. § 122C-125.1.   Repealed by Session Laws 2001-437, s. 1.13
  • N.C. Gen. Stat. § 122C-126.   Repealed by Session Laws 2001-437, s. 1.13
  • N.C. Gen. Stat. § 122C-126.1.   Confidentiality of competitive health care information
    (a) For the purposes of this section, competitive health care information means information relating to competitive health care activities by or on behalf of...
  • N.C. Gen. Stat. § 122C-127.   Consolidated human services board; human services director
    (a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under...
  • N.C. Gen. Stat. § 122C-128.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-129.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-130.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-131.   Composition of system
    Mental health, developmental disabilities, and substance abuse services of the public system in this State shall be delivered through area authorities and State facilities....
  • N.C. Gen. Stat. § 122C-132.   Repealed by Session Laws 2001-437, s. 1.14
  • N.C. Gen. Stat. § 122C-132.1.   Repealed by Session Laws 2001-437, s. 1.14
  • N.C. Gen. Stat. § 122C-133 through 122C-140.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-141.   Provision of services
    (a) The area authority or county program shall contract with other qualified public or private providers, agencies, institutions, or resources for the provision of...
  • N.C. Gen. Stat. § 122C-142.   Contract for services
    (a) When the area authority contracts with persons for the provision of services, it shall use the standard contract adopted by the Secretary and...
  • N.C. Gen. Stat. § 122C-142.1.   Substance abuse services for those convicted of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs
    (a) Services. - An area authority shall provide, directly or by contract, the substance abuse services needed by a person to obtain a certificate...
  • N.C. Gen. Stat. § 122C-143.   Repealed by Session Laws 1993, c. 321, s. 220(d)
  • N.C. Gen. Stat. § 122C-143.1.   Policy guidance
    (a) The General Assembly shall, as it considers necessary, endorse as policy guidance long-range plans for the broad age/disability categories of persons to be...
  • N.C. Gen. Stat. § 122C-143.2.   Repealed by Session Laws 2001-437, s. 1.16, effective July 1, 2002
  • N.C. Gen. Stat. § 122C-144.   Repealed by Session Laws 1993, c. 321, s. 220(f)
  • N.C. Gen. Stat. § 122C-144.1.   Budget format and reports
    (a) The area authority shall maintain its budget in accordance with the requirements of Article 3 of Subchapter III of Chapter 159 of the...
  • N.C. Gen. Stat. § 122C-145.   Renumbered as G.S. 122C-151.2 by Session Laws 1993, c. 321, s. 220
  • N.C. Gen. Stat. § 122C-146.   Uniform co-payment schedule
    (a) The LME and its contractual provider agencies shall implement the co-payment schedule based on family income adopted by the Secretary under G.S. 122C-112.1(a)(34)....
  • N.C. Gen. Stat. § 122C-147.   Financing and title of area authority property
    (a) Repealed by Session Laws 1993, c. 321, s. 220(i). (b) Unless otherwise specified by the Secretary, State appropriations to area authorities shall be...
  • N.C. Gen. Stat. § 122C-147.1.   Appropriations and allocations
    (a) Except as provided in subsection (b) of this section, funds shall be appropriated by the General Assembly in broad age/disability categories. The Secretary...
  • N.C. Gen. Stat. § 122C-147.2.   Purchase of services and reimbursement rates
    (a) When funds are used to purchase services, the following provisions apply: (1) Reimbursement rates for specific types of service shall be negotiated between...
  • N.C. Gen. Stat. § 122C-148 through 122C-150.   Repealed by Session Laws 1993, c. 321, s. 220(k)
  • N.C. Gen. Stat. § 122C-151.   Responsibilities of those receiving appropriations
    (a) All resources allocated to and received by any area authority and used for programs of mental health, developmental disabilities, substance abuse or other...
  • N.C. Gen. Stat. § 122C-151.2.   Appeal by area authorities and county programs
    (a) The area authority or county program may appeal to the Commission any action regarding rules under the jurisdiction of the Commission or rules...
  • N.C. Gen. Stat. § 122C-151.3.   Dispute with area authorities or county programs
    (a) An area authority or county program shall establish written procedures for resolving disputes over decisions of an area authority or county program that...
  • N.C. Gen. Stat. § 122C-151.4.   Appeal to State MH/DD/SA Appeals Panel
    (a) Definitions. - The following definitions apply in this section: (1) "Appeals Panel" means the State MH/DD/SA Appeals Panel established under this section. (1a)...
  • N.C. Gen. Stat. § 122C-152.   Liability insurance and waiver of immunity as to torts of agents, employees, and board members
    (a) An area authority, by securing liability insurance as provided in this section, may waive its governmental immunity from liability for damage by reason...
  • N.C. Gen. Stat. § 122C-153.   Defense of agents, employees, and board members
    (a) Upon request made by or in behalf of any agent, employee, or board member or former agent, employee, or board member of the...
  • N.C. Gen. Stat. § 122C-154.   Personnel
    Employees under the direct supervision of the area director are employees of the area authority. For the purpose of personnel administration, Chapter 126 of...
  • N.C. Gen. Stat. § 122C-155.   Supervision of services
    Unless otherwise specified, client services are the responsibility of a qualified professional. Direct medical and psychiatric services shall be provided by a qualified psychiatrist...
  • N.C. Gen. Stat. § 122C-156.   Salary plan for employees of the area authority
    (a) The area authority shall establish a salary plan which shall set the salaries for employees of the area authority. The salary plan shall...
  • N.C. Gen. Stat. § 122C-157.   Establishment of a professional reimbursement policy
    The area authority shall adopt and enforce a professional reimbursement policy. This policy shall (i) require that fees for the provision of services received...
  • N.C. Gen. Stat. § 122C-158.   Privacy of personnel records
    (a) Notwithstanding the provisions of G.S. 132-6 or any other State statute concerning access to public records, personnel files of employees or applicants for...
  • N.C. Gen. Stat. § 122C-159 through 122C-169.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-170.   Local Consumer and Family Advisory Committees
    (a) Area authorities and county programs shall establish committees made up of consumers and family members to be known as Consumer and Family Advisory...
  • N.C. Gen. Stat. § 122C-171.   State Consumer and Family Advisory Committee
    (a) There is established the State Consumer and Family Advisory Committee (State CFAC). The State CFAC shall be shall be a self-governing and self-directed...
  • N.C. Gen. Stat. § 122C-172 through 122C-180.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-181.   Secretary's jurisdiction over State facilities
    (a) Except as provided in subsection (b) of this section, the Secretary shall operate the following facilities: (1) Psychiatric Hospitals: a. Cherry Hospital. a1....
  • N.C. Gen. Stat. § 122C-182.   Authority to contract with area authorities
    To establish a coordinated system of services for its clients, a State facility shall contract with an area authority. Contracted services shall meet the...
  • N.C. Gen. Stat. § 122C-183.   Appointment of employees as police officers who may arrest without warrant
    The director of each State facility may appoint as special police officers the number of employees of their respective facilities they consider necessary. Within...
  • N.C. Gen. Stat. § 122C-184.   Oath of special police officers
    Before exercising the duties of a special police officer, the employees appointed under G.S. 122C-183 shall take an oath or affirmation of office before...
  • N.C. Gen. Stat. § 122C-185.   Application of funds belonging to State facilities
    (a) All moneys and proceeds of property donated to any State facility shall be deposited into the State treasury and accounted for in the...
  • N.C. Gen. Stat. § 122C-186.   General Assembly visitors of State facilities
    The members of the General Assembly are ex officio visitors of all State facilities, provided that the common law right of visitation of a...
  • N.C. Gen. Stat. § 122C-187 through 122C-190.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-191.   Quality of services
    (a) The assurance that services provided are of the highest possible quality within available resources is an obligation of the area authority and the...
  • N.C. Gen. Stat. § 122C-192.   Review and protection of information
    (a) Notwithstanding G.S. 8-53, G.S. 8-53.3, or any other law relating to confidentiality of communications involving a patient or client, as needed to ensure...
  • N.C. Gen. Stat. § 122C-193.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-194 through 122C-200.   Repealed by Session Laws 2000-67, s. 11.21(e)

Article 5 - Procedure for Admission and Discharge of Clients.

  • N.C. Gen. Stat. § 122C-201.   Declaration of policy
    It is State policy to encourage voluntary admissions to facilities. It is further State policy that no individual shall be involuntarily committed to a...
  • N.C. Gen. Stat. § 122C-202.   Applicability of Article
    This Article applies to all facilities unless expressly provided otherwise. Specific provisions that are delineated by the disability of the client, whether mentally ill,...
  • N.C. Gen. Stat. § 122C-202.1.   Hospital privileges
    Nothing in this Article related to admission, commitment, or treatment shall be deemed to mandate hospitals to grant or deny to any individuals privileges...
  • N.C. Gen. Stat. § 122C-203.   Admission or commitment and incompetency proceedings to have no effect on one another
    The admission or commitment to a facility of an alleged mentally ill individual, an alleged substance abuser, or an alleged mentally retarded or developmentally...
  • N.C. Gen. Stat. § 122C-204.   Civil liability for corruptly attempting admission or commitment
    Nothing in this Article relieves from liability in any suit instituted in the courts of this State any individual who unlawfully, maliciously, and corruptly...
  • N.C. Gen. Stat. § 122C-205.   Return of clients to 24-hour facilities
    (a) When a client of a 24-hour facility who: (1) Has been involuntarily committed; (2) Is being detained pending a judicial hearing; (3) Has...
  • N.C. Gen. Stat. § 122C-205.1.   Discharge of clients who escape or breach the condition of release
    (a) As described in G.S. 122C-205(a), when a client of a 24-hour facility escapes or breaches the condition of his release and does not...
  • N.C. Gen. Stat. § 122C-206.   Transfers of clients between 24-hour facilities
    (a) Before transferring a voluntary adult client from one 24-hour facility to another, the responsible professional at the original facility shall: (i) get authorization...
  • N.C. Gen. Stat. § 122C-207.   Confidentiality
    Court records made in all proceedings pursuant to this Article are confidential, and are not open to the general public except as provided for...
  • N.C. Gen. Stat. § 122C-208.   Voluntary admission not admissible in involuntary proceeding
    Except when considering treatment history as it pertains to an involuntary outpatient commitment, the fact that an individual has been voluntarily admitted for treatment...
  • N.C. Gen. Stat. § 122C-209.   Voluntary admissions acceptance
    Nothing contained in Parts 2 through 5 of this Article requires a private physician or private facility to accept an individual as a client...
  • N.C. Gen. Stat. § 122C-210.   Guardian to pay expenses out of estate
    It is the duty of the guardian who has legal custody of the estate of an incompetent individual held pursuant to the provisions of...
  • N.C. Gen. Stat. § 122C-210.1.   Immunity from liability
    No facility or any of its officials, staff, or employees, or any physician or other individual who is responsible for the custody, examination, management,...
  • N.C. Gen. Stat. § 122C-210.2.   Research at State facilities for the mentally ill
    (a) For research purposes, State facilities for the mentally ill may be designated by the Secretary as facilities for the voluntary admission of adults...
  • N.C. Gen. Stat. § 122C-211.   Admissions
    (a) Except as provided in subsections (b) through (f1) of this section, any individual, including a parent in a family unit, in need of...
  • N.C. Gen. Stat. § 122C-212.   Discharges
    (a) Except as provided in subsections (b) and (c) of this section, an individual who has been voluntarily admitted to a facility shall be...
  • N.C. Gen. Stat. § 122C-213 through 122C-220.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-221.   Admissions
    (a) Except as otherwise provided in this Part, a minor may be admitted to a facility if the minor is mentally ill or a...
  • N.C. Gen. Stat. § 122C-222.   Admissions to State facilities
    Admission of a minor who is a resident of a county that is not in a single portal area shall be made to a...
  • N.C. Gen. Stat. § 122C-223.   Emergency admission to a 24-hour facility
    (a) In an emergency situation, when the legally responsible person does not appear with the minor to apply for admission, a minor who is...
  • N.C. Gen. Stat. § 122C-224.   Judicial review of voluntary admission
    (a) When a minor is admitted to a 24-hour facility where the minor will be subjected to the same restrictions on his freedom of...
  • N.C. Gen. Stat. § 122C-224.1.   Duties of clerk of court
    (a) Within 48 hours of receipt of notice that a minor has been admitted to a 24-hour facility wherein his freedom of movement will...
  • N.C. Gen. Stat. § 122C-224.2.   Duties of the attorney for the minor
    (a) The attorney shall meet with the minor within 10 days of his appointment but not later than 48 hours before the hearing. In...
  • N.C. Gen. Stat. § 122C-224.3.   Hearing for review of admission
    (a) Hearings shall be held at the 24-hour facility in which the minor is being treated, if it is located within the judge's district...
  • N.C. Gen. Stat. § 122C-224.4.   Rehearings
    (a) A minor admitted to a 24-hour facility upon order of the court for further diagnosis and evaluation shall have the right to a...
  • N.C. Gen. Stat. § 122C-224.5.   Transportation
    When it is necessary for a minor to be transported to a location other than the treating facility for the purpose of a hearing,...
  • N.C. Gen. Stat. § 122C-224.6.   Treatment pending hearing and after authorization for or concurrence in admission
    (a) Pending the initial hearing and after authorization for further diagnosis and evaluation, or concurrence in admission, the responsible professional may administer to the...
  • N.C. Gen. Stat. § 122C-224.7.   Discharge
    (a) The responsible professional shall unconditionally discharge a minor from treatment at any time that it is determined that the minor is no longer...
  • N.C. Gen. Stat. § 122C-225 through 122C-230.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-231.   Admissions
    Except as otherwise provided in this Part an incompetent adult may be admitted to a facility when the individual is mentally ill or a...
  • N.C. Gen. Stat. § 122C-232.   Judicial determination
    (a) When an incompetent adult is admitted to a 24-hour facility where the incompetent adult will be subjected to the same restrictions on his...
  • N.C. Gen. Stat. § 122C-233.   Discharges
    (a) Except as provided in subsection (b) of this section, an incompetent adult shall be discharged upon the request of the legally responsible person...
  • N.C. Gen. Stat. § 122C-234 through 122C-240.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-241.   Admissions
    (a) Except as provided in subsection (c) of this section an individual with developmental disabilities may be admitted to a facility for the developmentally...
  • N.C. Gen. Stat. § 122C-242.   Discharges
    (a) Except as provided in subsections (b) through (d) of this section, discharges from facilities for individuals with developmental disabilities are made upon request...
  • N.C. Gen. Stat. § 122C-243 through 122C-250.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-251.   Transportation
    (a) Except as provided in subsections (f) and (g), transportation of a respondent within a county under the involuntary commitment proceedings of this Article,...
  • N.C. Gen. Stat. § 122C-252.   Twenty-four hour facilities for custody and treatment of involuntary clients
    State facilities, 24-hour facilities licensed under this Chapter or hospitals licensed under Chapter 131E may be designated by the Secretary as facilities for the...
  • N.C. Gen. Stat. § 122C-253.   Fees under commitment order
    Nothing contained in Parts 6, 7, or 8 of this Article requires a private physician, private psychologist, or private facility to accept a respondent...
  • N.C. Gen. Stat. § 122C-254.   Housing responsibility for certain clients in or escapees from involuntary commitment
    (a) Any individual who has been involuntarily committed under the provisions of this Article to a 24-hour facility: (1) Who escapes from or is...
  • N.C. Gen. Stat. § 122C-255.   Report required
    Beginning January 1, 2012, each 24-hour residential facility that (i) falls under the category of nonhospital medical detoxification, facility-based crisis service, or inpatient hospital...
  • N.C. Gen. Stat. § 122C-256.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-257.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-258.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-259.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-260.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-261.   Affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary; custody order
    (a) Anyone who has knowledge of an individual who is mentally ill and either (i) dangerous to self, as defined in G.S. 122C-3(11)a., or...
  • N.C. Gen. Stat. § 122C-262.   Special emergency procedure for individuals needing immediate hospitalization
    (a) Anyone, including a law enforcement officer, who has knowledge of an individual who is subject to inpatient commitment according to the criteria of...
  • N.C. Gen. Stat. § 122C-263.   Duties of law-enforcement officer; first examination by physician or eligible psychologist
    (a) Without unnecessary delay after assuming custody, the law enforcement officer or the individual designated by the clerk or magistrate under G.S. 122C-251(g) to...
  • N.C. Gen. Stat. § 122C-263.1.   Secretary's authority to waive requirement of first examination by physician or eligible psychologist; training of certified providers performing first examinations
    (a) The Secretary of Health and Human Services may, upon request of an LME, waive the requirements of G.S. 122C-261 through G.S. 122C-263 and...
  • N.C. Gen. Stat. § 122C-263.2.   Mental health crisis management: reasonable safety and containment measures
    An acute care hospital licensed under Chapter 131E, a department thereof, or other site of first examination that that uses reasonable safety or containment...
  • N.C. Gen. Stat. § 122C-264.   Duties of clerk of superior court and the district attorney
    (a) Upon receipt of a physician's or eligible psychologist's finding that the respondent meets the criteria of G.S. 122C-263(d)(1) and that outpatient commitment is...
  • N.C. Gen. Stat. § 122C-265.   Outpatient commitment; examination and treatment pending hearing
    (a) If a respondent, who has been recommended for outpatient commitment by an examining physician or eligible psychologist different from the proposed outpatient treatment...
  • N.C. Gen. Stat. § 122C-266.   Inpatient commitment; second examination and treatment pending hearing
    (a) Except as provided in subsections (b) and (e), within 24 hours of arrival at a 24-hour facility described in G.S. 122C-252, the respondent...
  • N.C. Gen. Stat. § 122C-267.   Outpatient commitment; district court hearing
    (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody pursuant to G.S....
  • N.C. Gen. Stat. § 122C-268.   Inpatient commitment; district court hearing
    (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into law enforcement custody pursuant...
  • N.C. Gen. Stat. § 122C-268.1.   Inpatient commitment; hearing following automatic commitment
    (a) A respondent who is committed pursuant to G.S. 15A-1321 shall be provided a hearing, unless waived, before the expiration of 50 days from...
  • N.C. Gen. Stat. § 122C-269.   Venue of hearing when respondent held at a 24-hour facility pending hearing
    (a) In all cases where the respondent is held at a 24-hour facility pending hearing as provided in G.S. 122C-268, G.S. 122C-268.1, 122C-276.1, or...
  • N.C. Gen. Stat. § 122C-270.   Attorneys to represent the respondent and the State
    (a) In a superior court district or set of districts as defined in G.S. 7A-41.1 in which a State facility for the mentally ill...
  • N.C. Gen. Stat. § 122C-271.   Disposition
    (a) If an examining physician or eligible psychologist has recommended outpatient commitment and the respondent has been released pending the district court hearing, the...
  • N.C. Gen. Stat. § 122C-272.   Appeal
    Judgment of the district court is final. Appeal may be had to the Court of Appeals by the State or by any party on...
  • N.C. Gen. Stat. § 122C-273.   Duties for follow-up on commitment order
    (a) Unless prohibited by Chapter 90 of the General Statutes, if the commitment order directs outpatient treatment, the outpatient treatment physician may prescribe or...
  • N.C. Gen. Stat. § 122C-274.   Supplemental hearings
    (a) Upon receipt of a request for a supplemental hearing, the clerk shall calendar a hearing to be held within 14 days and notify,...
  • N.C. Gen. Stat. § 122C-275.   Outpatient commitment; rehearings
    (a) Fifteen days before the end of the initial or subsequent periods of outpatient commitment if the outpatient treatment physician or center determines that...
  • N.C. Gen. Stat. § 122C-276.   Inpatient commitment; rehearings for respondents other than insanity acquittees
    (a) Fifteen days before the end of the initial inpatient commitment period if the attending physician determines that commitment of a respondent beyond the...
  • N.C. Gen. Stat. § 122C-276.1.   Inpatient commitment; rehearings for respondents who are insanity acquittees
    (a) At least 15 days before the end of any inpatient commitment period ordered pursuant to G.S. 122C-268.1, the clerk shall calendar the hearing...
  • N.C. Gen. Stat. § 122C-277.   Release and conditional release; judicial review
    (a) Except as provided in subsections (b) and (b1) of this section, the attending physician shall discharge a committed respondent unconditionally at any time...
  • N.C. Gen. Stat. § 122C-278.   Reexamination for capacity to proceed prior to discharge
    Whenever a respondent has been committed to either inpatient or outpatient treatment pursuant to this Chapter after having been found incapable of proceeding and...
  • N.C. Gen. Stat. § 122C-279.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-280.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-281.   Affidavit and petition before clerk or magistrate; custody order
    (a) Any individual who has knowledge of a substance abuser who is dangerous to himself or others may appear before a clerk or assistant...
  • N.C. Gen. Stat. § 122C-282.   Special emergency procedure for violent individuals
    When an individual subject to commitment under the provisions of this Part is also violent and requires restraint and when delay in taking him...
  • N.C. Gen. Stat. § 122C-283.   Duties of law-enforcement officer; first examination by physician or eligible psychologist
    (a) Without unnecessary delay after assuming custody, the law-enforcement officer or the individual designated by the clerk or magistrate under G.S. 122C-251(g) to provide...
  • N.C. Gen. Stat. § 122C-284.   Duties of clerk of superior court
    (a) Upon receipt of a physician's or eligible psychologist's finding that a respondent is a substance abuser and dangerous to himself or others and...
  • N.C. Gen. Stat. § 122C-285.   Commitment; second examination and treatment pending hearing
    (a) Within 24 hours of arrival at a 24-hour facility described in G.S. 122C-252, the respondent shall be examined by a qualified professional. This...
  • N.C. Gen. Stat. § 122C-286.   Commitment; district court hearing
    (a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody. Upon its own...
  • N.C. Gen. Stat. § 122C-286.1.   Venue of district court hearing when respondent held at a 24-hour facility pending hearing
    (a) In all cases where the respondent is held at a 24-hour facility pending the district court hearing as provided in G.S. 122C-286, unless...
  • N.C. Gen. Stat. § 122C-287.   Disposition
    The court may make one of the following dispositions: (1) If the court finds by clear, cogent, and convincing evidence that the respondent is...
  • N.C. Gen. Stat. § 122C-288.   Appeal
    Judgment of the district court is final. Appeal may be had to the Court of Appeals by the State or by any party on...
  • N.C. Gen. Stat. § 122C-289.   Duty of assigned counsel; discharge
    If the respondent is committed, assigned counsel remains responsible for the respondent's representation at the trial level until discharged by order of district court...
  • N.C. Gen. Stat. § 122C-290.   Duties for follow-up on commitment order
    (a) The area authority or physician responsible for management and supervision of the respondent's commitment and treatment may prescribe or administer to the respondent...
  • N.C. Gen. Stat. § 122C-291.   Supplemental hearings
    (a) Upon receipt of a request for a supplemental hearing, the clerk shall calendar a hearing to be held within 14 days and notify,...
  • N.C. Gen. Stat. § 122C-292.   Rehearings
    (a) Fifteen days before the end of the initial or subsequent periods of commitment if the area authority or physician determines that the respondent...
  • N.C. Gen. Stat. § 122C-293.   Release by area authority or physician
    The area authority or physician as designated in the order shall discharge a committed respondent unconditionally at any time he determines that the respondent...
  • N.C. Gen. Stat. § 122C-294.   Local plan
    Each area authority shall develop a local plan with local law-enforcement agencies, local courts, local hospitals, and local medical societies necessary to facilitate implementation...
  • N.C. Gen. Stat. § 122C-295 through 122C-300.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-301.   Assistance to an individual who is intoxicated in public; procedure for commitment to shelter or facility
    (a) An officer may assist an individual found intoxicated in a public place by taking any of the following actions: (1) The officer may...
  • N.C. Gen. Stat. § 122C-302.   Cities and counties may employ officers to assist intoxicated individuals
    A city or county may employ officers to assist individuals who are intoxicated in public. Officers employed for this purpose shall be trained to...
  • N.C. Gen. Stat. § 122C-303.   Use of jail for care for intoxicated individual
    In addition to the actions authorized by G.S. 122C-301(a), an officer may assist an individual found intoxicated in a public place by directing or...
  • N.C. Gen. Stat. § 122C-304 through 122C-310.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-311.   Individuals on parole
    Any individual who has been released from any correctional facility on parole is admitted, committed and discharged from facilities in accordance with the procedures...
  • N.C. Gen. Stat. § 122C-312.   Voluntary admissions and discharges of inmates of the Division of Adult Correction of the Department of Public Safety
    Inmates in the custody of the Division of Adult Correction of the Department of Public Safety may seek voluntary admission to State facilities for...
  • N.C. Gen. Stat. § 122C-313.   Inmate becoming mentally ill and dangerous to himself or others
    (a) An inmate who becomes mentally ill and dangerous to himself or others after incarceration in any facility operated by the Division of Adult...
  • N.C. Gen. Stat. § 122C-314 through 122C-320.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-321.   Voluntary admissions and discharges
    Any individual in need of treatment for mental illness or substance abuse may seek voluntary admission to the psychiatric service of the University of...
  • N.C. Gen. Stat. § 122C-322.   Involuntary commitments
    (a) Except as otherwise specifically provided in this section references in Parts 6 through 8 of this Article to 24-hour facilities, outpatient treatment centers,...
  • N.C. Gen. Stat. § 122C-323 through 122C-330.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-331.   Voluntary admissions and discharges
    Veterans in need of treatment for mental illness or substance abuse may seek voluntary admission to a facility operated by the Veterans Administration. Procedures...
  • N.C. Gen. Stat. § 122C-332.   Involuntary commitments
    (a) Except as otherwise specifically provided in this section, references in Parts 6 through 8 of this Article to 24-hour facilities, outpatient treatment centers,...
  • N.C. Gen. Stat. § 122C-333.   Order of another state
    The judgment or order of commitment by a court of competent jurisdiction of another state, committing a person to the Veterans Administration or another...
  • N.C. Gen. Stat. § 122C-334 through 122C-340.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-341.   Determination of residence
    It is the responsibility of the facility to determine if a client is not a resident of the State. (1899, c. 1, s. 18;...
  • N.C. Gen. Stat. § 122C-342.   Voluntary admissions and discharges
    A non-State resident may be admitted to and discharged from a facility on a voluntary basis in accordance with Parts 2 through 5 of...
  • N.C. Gen. Stat. § 122C-343.   Involuntary commitments
    Involuntary commitments of non-State residents are made under the provisions of Parts 6 through 8 of this Article. If after commitment to a 24-hour...
  • N.C. Gen. Stat. § 122C-344.   Citizens of other countries
    In addition to the provisions of G.S. 122C-341 through G.S. 122C-343, if a 24-hour facility determines that a client is not a citizen of...
  • N.C. Gen. Stat. § 122C-345.   Return of a non-State resident client to his resident state
    (a) Except as provided in subsection (c) of this section, it is the responsibility of the director of a facility to arrange for the...
  • N.C. Gen. Stat. § 122C-346.   Authority of the Secretary to enter reciprocal agreements
    The Secretary may enter agreements with other states for the return of non-State resident clients to their resident state and for the return of...
  • N.C. Gen. Stat. § 122C-347.   Return of North Carolina resident clients from other states
    North Carolina residents who are in treatment in another state may be returned to North Carolina either under an agreement authorized in G.S. 122C-346...
  • N.C. Gen. Stat. § 122C-348.   Residency not affected
    (a) A nonresident of this State who is under care in a 24-hour facility in this State is not considered a resident. No length...
  • N.C. Gen. Stat. § 122C-349 through 122C-360.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-361.   Compact entered into; form of Compact
    The Interstate Compact on Mental Health is hereby enacted into law and entered into by this State with all other states legally joining therein...
  • N.C. Gen. Stat. § 122C-362.   Compact Administrator
    Pursuant to the Compact, the Secretary is the Compact Administrator and, acting jointly with like officers of other party states, may adopt rules to...
  • N.C. Gen. Stat. § 122C-363.   Supplementary agreements
    The Compact Administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the Compact. In...
  • N.C. Gen. Stat. § 122C-364.   Financial arrangements
    The Compact Administrator, with the approval of the Director of the Budget, may make or arrange for any payments necessary to discharge any financial...
  • N.C. Gen. Stat. § 122C-365.   Transfer of clients
    The Compact Administrator is directed to consult with the immediate family or legally responsible person of any proposed transferee. (1959, c. 1003, s. 5;...
  • N.C. Gen. Stat. § 122C-366.   Transmittal of copies of Part
    Copies of this Part shall, upon its approval, be transmitted by the Compact Administrator to the governor of each state, the attorney general of...
  • N.C. Gen. Stat. § 122C-367 through 122C-400.   Reserved for future codification purposes

Article 6 - Special Provisions.

  • N.C. Gen. Stat. § 122C-401.   Use of Camp Butner Hospital authorized
    The State may use the Camp Butner Hospital, including buildings, equipment, and land necessary for the operation of modern up-to-date facilities for the care...
  • N.C. Gen. Stat. § 122C-402.   Application of State highway and motor vehicle laws at State institutions on Camp Butner reservation
    The provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor...
  • N.C. Gen. Stat. § 122C-403.   Secretary's authority over Camp Butner reservation
    The Secretary shall administer the Camp Butner reservation except (i) those areas within the municipal boundaries of the Town of Butner and (ii) that...
  • N.C. Gen. Stat. § 122C-404.   Repealed by Session Laws 1995 (Regular Session, 1996), c. 667, s. 4
  • N.C. Gen. Stat. § 122C-405.   Procedure applicable to rules
    Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same...
  • N.C. Gen. Stat. § 122C-406.   Violations made misdemeanor
    A person who violates an ordinance or rule adopted under this Part is guilty of a Class 3 misdemeanor. (1949, c. 71, s. 5;...
  • N.C. Gen. Stat. § 122C-407.   Water and sewer system
    (a) The Department may acquire, construct, establish, enlarge, maintain, operate, and contract for the operation of a water supply and distribution system and a...
  • N.C. Gen. Stat. § 122C-408.   Former Butner Public Safety Authority; jurisdiction; fire and police protection
    (a) Police and Fire Protection. - The Town of Butner may contract with the State of North Carolina or any state agency for the...
  • N.C. Gen. Stat. § 122C-409.   Community of Butner comprehensive emergency management plan
    The Department of Public Safety shall establish an emergency management agency as defined in G.S. 166A-19.3(9) for the Camp Butner Reservation, and the Town...
  • N.C. Gen. Stat. § 122C-410.   Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands
    (a) A municipality other than the Town of Butner may not annex territory extending into or extend its extraterritorial jurisdiction into the Camp Butner...
  • N.C. Gen. Stat. § 122C-411.   Repealed by Session Laws 2011-260, s. 2, effective June 23, 2011
  • N.C. Gen. Stat. § 122C-411.1.   Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 21.4
  • N.C. Gen. Stat. § 122C-412.   Repealed
  • N.C. Gen. Stat. § 122C-412.1.   Repealed
  • N.C. Gen. Stat. § 122C-412.2.   Repealed
  • N.C. Gen. Stat. § 122C-413.   Repealed by Session Laws 2007-269, s. 10. For effective date, see Editor's note
  • N.C. Gen. Stat. § 122C-413.1.   Repealed by Session Laws 2007-269, s. 10. For effective date, see Editor's note
  • N.C. Gen. Stat. § 122C-414.   Repealed by Session Laws 2011-260, s. 2, effective June 23, 2011
  • N.C. Gen. Stat. § 122C-415.   Repealed by Session Laws 2011-266, s. 1.5, effective July 1, 2011
  • N.C. Gen. Stat. § 122C-416.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-417.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-418.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-419.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-420.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-421.   Joint security force
    (a) The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of...
  • N.C. Gen. Stat. § 122C-422 through 122C-429.   Reserved for future codification purposes
  • N.C. Gen. Stat. § 122C-430.   Joint security force
    The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North...
  • N.C. Gen. Stat. § 122C-430.10.   Joint security force
    The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North...
  • N.C. Gen. Stat. § 122C-430.20.   Joint security force
    The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North...
  • N.C. Gen. Stat. § 122C-430.30.   Joint security force
    The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North...
  • N.C. Gen. Stat. § 122C-431.   North Carolina Alcoholism Research Authority created
    (a) The North Carolina Alcoholism Research Authority is created and shall consist of and be governed by a nine-member board to be appointed by...
  • N.C. Gen. Stat. § 122C-432.   Authorized to receive and spend funds
    The Authority may receive funds from State, federal, private, or other sources. These funds shall be held separately and designated as the "Alcoholism Research...
  • N.C. Gen. Stat. § 122C-433.   Applications for grants; promulgation of rules
    (a) Applications for grants are processed by the Center for Alcohol Studies. All applications shall be reviewed by scientific consultants to the Center; and...

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Last modified: March 23, 2014