North Carolina Statutes

Chapter 122C Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985

Article 1 - General Provisions.

  • § 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. 625,...
  • § 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 the...
  • § 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" means...
  • § 122C-5   Report on restraint and seclusion
    The Secretary shall report annually on October 1 to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services on the...
  • § 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 cigar,...
  • § 122C-7   Reserved for future codification purposes
  • § 122C-8   Reserved for future codification purposes
  • § 122C-9   Reserved for future codification purposes

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

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

  • § 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, establishment,...
  • § 122C-22   Exclusions from licensure; deemed status
    (a) The following are excluded from the provisions of this Article and are not required to obtain licensure under this Article: (1) Physicians and psychologists...
  • § 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 issued...
  • § 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) That...
  • § 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 substantial...
  • § 122C-24.1   Penalties; remedies
    (a) Violations Classified. The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this Article on any facility...
  • § 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 to...
  • § 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 the...
  • § 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 this...
  • § 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 ($50.00),...
  • § 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 name...
  • § 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 review...
  • § 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 restraint...
  • § 122C-32 through 122C-50   Reserved for future codification purposes

Article 3 - Clients' Rights and Advance Instruction.

Article 3A - Miscellaneous Provisions.

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

Article 5 - Procedure for Admission and Discharge of Clients.

Article 6 - Special Provisions.