Chapter 130A Public Health
Article 1 - Definitions, General Provisions and Remedies.
- § 130A-1 Title
This Chapter shall be known as the Public Health Law of North Carolina. (1983, c. 891, s. 2.)
- § 130A-1.1 Mission and essential services
(a) The General Assembly recognizes that unified purpose and direction of the public health system is necessary to ensure that all citizens in the State...
- § 130A-2 Definitions
The following definitions shall apply throughout this Chapter unless otherwise specified: (1) "Accreditation board" or "Board" means the Local Health Department Accreditation Board. (1a) "Commission"...
- § 130A-3 Appointment of the State Health Director
The Secretary shall appoint the State Health Director. The State Health Director shall be a physician licensed to practice medicine in this State. The State...
- § 130A-4 Administration
(a) Except as provided in subsection (c) of this section, the Secretary shall administer and enforce the provisions of this Chapter and the rules of...
- § 130A-4.1 State funds for maternal and child health care/nonsupplanting
(a) The Department shall ensure that local health departments do not reduce county appropriations for maternal and child health services provided by the local health...
- § 130A-4.2 State funds for health promotion/nonsupplanting
The Department shall ensure that local health departments do not reduce county appropriations for health promotion services provided by the local health departments because they...
- § 130A-5 Duties of the Secretary
The Secretary shall have the authority: (1) To enforce the State health laws and the rules of the Commission; (2) To investigate the causes of...
- § 130A-5.1 State health standards
(a) The Secretary shall adopt measurable standards and goals for community health against which the State's actions to improve the health status of its citizens...
- § 130A-6 Delegation of authority
Whenever authority is granted by this Chapter upon a public official, the authority may be delegated to another person authorized by the public official. (1983,...
- § 130A-7 Grants-in-aid
The State is authorized to accept, allocate and expend any grants‑in‑aid for public health purposes which may be made available to the State by the...
- § 130A-8 Counties to recover indirect costs on certain federal public health or mental health grants
(a) The Department shall include in its request for federal funds applicable to public health or mental health grants from the federal government to the...
- § 130A-9 Standards
The Commission is authorized to establish reasonable standards governing the nature and scope of public health services rendered by local health departments. (1957, c. 1357,...
- § 130A-10 Advisory Committees
The Secretary is authorized to establish and appoint as many special advisory committees as may be necessary to advise and confer with the Department concerning...
- § 130A-11 Residencies in public health
The Department shall establish a residency program designed to attract dentists into the field of public health and to train them in the specialty of...
- § 130A-12 Confidentiality of records
All records containing privileged patient medical information, information protected under 45 Code of Federal Regulations Parts 160 and 164, and information collected under the authority...
- § 130A-13 Application for eligibility for Department medical payment program constitutes assignment to the State of right to third party benefits
(a) Notwithstanding any other provisions of law, by applying for financial eligibility for any Department medical payment program administered under this Chapter, the recipient patient...
- § 130A-14 Department may assist private nonprofit foundations
(a) The Secretary may allow employees of the Department to assist any private nonprofit foundation that works directly with services or programs of the Department...
- § 130A-15 Access to information
(a) Health care providers and persons in charge of health care facilities or laboratories shall, upon request and proper identification, permit the State Health Director...
- § 130A-16 Reserved for future codification purposes
- § 130A-17 Right of entry
(a) The Secretary and a local health director shall have the right of entry upon the premises of any place where entry is necessary to...
- § 130A-18 Injunction
(a) If a person shall violate any provision of this Chapter, the rules adopted by the Commission or rules adopted by a local board of...
- § 130A-19 Abatement of public health nuisance
(a) If the Secretary or a local health director determines that a public health nuisance exists, the Secretary or a local health director may issue...
- § 130A-20 Abatement of an imminent hazard
(a) If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may order the...
- § 130A-20.01 Action for the recovery of costs of hazardous materials emergency medical response
A person who causes the release of a hazardous material that results in the activation of one or more State Medical Assistance Teams (SMATs) or...
- § 130A-21 Embargo
(a) In addition to the authority of the Department of Agriculture and Consumer Services pursuant to G.S. 106‑125, the Secretary of Environment and Natural Resources...
- § 130A-22 Administrative penalties
(a) The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted...
- § 130A-23 Suspension and revocation of permits and program participation
(a) The Secretary may suspend or revoke a permit issued under this Chapter upon a finding that a violation of the applicable provisions of this...
- § 130A-24 Appeals procedure
(a) Appeals concerning the enforcement of rules adopted by the Commission, concerning the suspension and revocation of permits and program participation by the Secretary and...
- § 130A-25 Misdemeanor
(a) A person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be...
- § 130A-26 Repealed by Session Laws 1995, c. 311, s. 1
- § 130A-26.1 Criminal violation of Article 9
(a) The definition of "person" set out in G.S. 130A‑290 shall apply to this section. In addition, for purposes of this section, the term "person"...
- § 130A-26.2 Penalty for false reporting under Article 9
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be...
- § 130A-26A Violations of Article 4
(a) A person who commits any of the following acts shall be guilty of a Class 1 misdemeanor: (1) Willfully and knowingly makes any false...
- § 130A-27 Recovery of money
The Secretary or the Secretary of Environment and Natural Resources may institute an action in the county where the action arose or the county where...
- § 130A-28 Forfeiture of gain
In the case of a violation of this Chapter or the rules adopted by the Commission, money or other property or interest in property so...
Article 1A - Commission for Public Health.
Article 1B - Commissions and Councils.
Article 2 - Local Administration.
- § 130A-34 Provision of local public health services
(a) A county shall provide public health services. (b) A county shall operate a county health department, establish a consolidated human services agency pursuant to...
- § 130A-34.1 Accreditation of local health departments; board established
(a) The Local Health Department Accreditation Board is established within the North Carolina Institute for Public Health. The Board shall be composed of 17 members...
- § 130A-35 County board of health; appointment; terms
(a) A county board of health shall be the policy‑making, rule‑making and adjudicatory body for a county health department. (b) The members of a county...
- § 130A-36 Creation of district health department
(a) A district health department including more than one county may be formed in lieu of county health departments upon agreement of the county boards...
- § 130A-37 District board of health
(a) A district board of health shall be the policy‑making, rule‑making and adjudicatory body for a district health department and shall be composed of 15...
- § 130A-38 Dissolution of a district health department
(a) Whenever the board of commissioners of each county constituting a district health department determines that the district health department is not operating in the...
- § 130A-39 Powers and duties of a local board of health
(a) A local board of health shall have the responsibility to protect and promote the public health. The board shall have the authority to adopt...
- § 130A-40 Appointment of local health director
(a) A local board of health, after consulting with the appropriate county board or boards of commissioners, shall appoint a local health director. All persons...
- § 130A-40.1 Pilot program for nurse as health director
(a) Notwithstanding G.S. 130A‑40, a local board of health, after consulting with the appropriate county board of commissioners, and with the approval of the Secretary...
- § 130A-41 Powers and duties of local health director
(a) A local health director shall be the administrative head of the local health department, shall perform public health duties prescribed by and under the...
- § 130A-42 Personnel records of district health departments
Employee personnel records of a district health department shall have the same protections from disclosure as county employee personnel records under G.S. 153A‑98. For the...
- § 130A-43 Consolidated human services agency; board; 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 G.S....
- § 130A-44 Reserved for future codification purposes
- § 130A-45 Title and purpose
(a) This Part shall be known and may be cited as the "Public Health Authorities Act". (b) The purpose of this Part is to provide...
- § 130A-45.01 Definitions
As used in this Part, unless otherwise specified: (1) "Authority service area" means the area within the boundaries of the authority as provided for in...
- § 130A-45.02 Creation of a public health authority
(a) A public health authority may be created upon joint resolution of the county board of commissioners and the local board of health that it...
- § 130A-45.1 Membership of the public health authority board
(a) A public health authority board shall be the policy‑making, rule‑making, and adjudicatory body for a public health authority and shall be composed of no...
- § 130A-45.2 Dissolution of a public health authority
(a) Whenever the board of commissioners of each county constituting a public health authority determines that the authority is not operating in the best health...
- § 130A-45.3 Powers and duties of authority board
(a) A public health authority shall have all the powers necessary or convenient to carry out the purposes of this Part, including the following powers...
- § 130A-45.4 Appointment of a public health authority director
(a) A public health authority board, after consulting with the appropriate county board or boards of commissioners, shall appoint a public health authority director. (b)...
- § 130A-45.5 Powers and duties of a public health authority director
(a) The public health authority director is an employee of the authority board and shall serve at the pleasure of the authority board. (b) An...
- § 130A-45.6 Boundaries of the authority
A public health authority may provide or contract to provide public health services and to acquire, construct, establish, enlarge, improve, maintain, own, or operate, and...
- § 130A-45.7 Medical review committee
(a) A member of a duly appointed medical review committee who acts without malice or fraud shall not be subject to liability for damages in...
- § 130A-45.8 Confidentiality of patient information
(a) Medical records compiled and maintained by public health authorities in connection with the admission, treatment, and discharge of individual patients are not public records...
- § 130A-45.9 Confidentiality of personnel information
(a) Except as provided in subsection (b) of this section, the personnel files of employees or former employees and the files of applicants for employment...
- § 130A-45.10 Confidentiality of credentialing information
Information acquired by a public health authority or by persons acting for or on behalf of a public health authority in connection with the credentialing...
- § 130A-45.11 Confidentiality of competitive health care information
Information relating to competitive health care activities by or on behalf of public health authorities shall be confidential and not a public record under Chapter...
- § 130A-45.12 Personnel
Employees under the supervision of the public health authority director are employees of the public health authority and shall be exempt from Chapter 126 of...
- § 130A-45.13 Authority to contract directly with private providers to operate billing system for county Medicaid claims
A public health authority board may contract directly with private vendors to operate the authority's Medicaid billing system as an alternative to the State‑operated health...
- § 130A-46 Reserved for future codification purposes
- § 130A-47 Creation by Commission
(a) For the purpose of preserving and promoting the public health and welfare, the Commission may create sanitary districts without regard for county, township or...
- § 130A-48 Procedure for incorporating district
A sanitary district shall be incorporated as follows. Either fifty‑one percent (51%) or more of the resident freeholders within a proposed sanitary district or fifty‑one...
- § 130A-49 Declaration that district exists; status of industrial villages within boundaries of district
(a) If, after the required public hearing, the Commission and the county commissioners determine that a district shall be created for the purposes stated in...
- § 130A-50 Election and terms of office of sanitary district boards
(a) The Department shall send a copy of the resolution creating the sanitary district to the board or boards of county commissioners of the county...
- § 130A-51 City governing body acting as sanitary district board
(a) When the General Assembly incorporates a city or town that includes within its territory fifty percent (50%) or more of the territory of a...
- § 130A-52 Special election if election not held in November of 1981
(a) If in a sanitary district, an election of board members was required to be held in November of 1981 under G.S. 130A‑50 but was...
- § 130A-52.1 Action if 1983 election not held
If any sanitary district held an election in 1982 under G.S. 130A‑52, but failed to hold the 1983 election, then the persons elected in 1982...
- § 130A-53 Actions validated
Any action of a sanitary district taken prior to July 1, 1984, shall not be invalidated by failure to hold an election for members of...
- § 130A-54 Vacancy appointments to district boards
Any vacancy in a sanitary district board shall be filled by the county commissioners until the next election for sanitary district board members. If the...
- § 130A-55 Corporate Powers
A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the sanitary district. Notwithstanding...
- § 130A-55.1 Repealed by Session Laws 1997, c. 443, s. 11A.2
- § 130A-56 Election of officers; board compensation
(a) Upon election, a sanitary district board shall meet and elect one of its members as chairperson and another member as secretary. (b) The board...
- § 130A-57 Power to condemn property
A sanitary district board may purchase real estate, right‑of‑way or easement within or outside the corporate limits of the district for improvements authorized by this...
- § 130A-58 Construction of systems by corporations or individuals
When it is inadvisable or impractical for the sanitary district to build a water supply, sewage system or part of either to serve an area...
- § 130A-59 Reports
Upon the election of a sanitary district board, the board shall employ engineers licensed by this State to make a report on the problems of...
- § 130A-60 Consideration of reports and adoption of a plan
(a) A report filed by the engineers pursuant to G.S. 130A‑59 shall be given consideration by the sanitary district board and the board shall adopt...
- § 130A-61 Bonds and notes authorized
A sanitary district is authorized to issue bonds and notes under the Local Government Finance Act. (1927, c. 100, s. 13; 1949, c. 880, s....
- § 130A-62 Annual budget; tax levy
(a) A sanitary district shall operate under an annual balanced budget adopted in accordance with the Local Government Budget and Fiscal Control Act. (b) A...
- § 130A-63 Engineers to provide plans and supervise work; bids
(a) The sanitary district board shall retain engineers licensed by this State to provide detailed plans and specifications and to supervise the work undertaken by...
- § 130A-64 Service charges and rates
A sanitary district board shall apply service charges and rates based upon the exact benefits derived. These service charges and rates shall be sufficient to...
- § 130A-65 Liens for sewer service charges in sanitary districts not operating water distribution system; collection of charges; disconnection of sewer lines
In sanitary districts which maintain and operate a sewage system but do not maintain and operate a water distribution system, the charges made for sewer...
- § 130A-66 Removal of member of board
A petition with the signatures of twenty‑five percent (25%) or more of the voters within a sanitary district which requests the removal from office of...
- § 130A-67 Rights-of-way granted
A right‑of‑way in, along or across a county or State highway, street or property within a sanitary district is granted to a sanitary district in...
- § 130A-68 Returns of elections
In all elections provided for in this Part, the board of elections shall file copies of the returns with the county boards of commissioners, sanitary...
- § 130A-69 Procedure for extension of district
(a) If after a sanitary district has been created or the provisions of this Part have been made applicable to a sanitary district, a petition...
- § 130A-70 District and municipality extending boundaries and corporate limits simultaneously
(a) When the boundaries of a sanitary district lie entirely within or are coterminous with the corporate limits of a city or town and the...
- § 130A-70.1 Satellite annexation in conjunction with municipal annexation in certain sanitary districts
(a) This section only applies to a sanitary district where one or more municipalities lie within its boundaries. (b) Whenever a municipality which lies within...
- § 130A-71 Procedure for withdrawing from district
Fifty‑one percent (51%) or more of the resident freeholders of a portion of a sanitary district which has no outstanding indebtedness, with the approval of...
- § 130A-72 Dissolution of certain sanitary districts
Fifty‑one percent (51%) or more of the resident freeholders of a sanitary district which has no outstanding indebtedness may petition the board of commissioners of...
- § 130A-73 Dissolution of sanitary districts having no outstanding indebtedness and located wholly within or coterminous with corporate limits of city or town
When the boundaries of a sanitary district which has no outstanding indebtedness are entirely located within or coterminous with the corporate limits of a city...
- § 130A-73.1 Dissolution of sanitary districts having no outstanding indebtedness and located wholly within or coterminous with corporate limits of city or town
(a) When the boundaries of a sanitary district that (i) is located entirely within one county, (ii) has no outstanding indebtedness, (iii) at the time...
- § 130A-74 Validation of creation of districts
All actions prior to June 6, 1961, taken by the county boards of commissioners[,] by the State Board of Health, by any officer or by...
- § 130A-75 Validation of extension of boundaries of districts
(a) All actions prior to April 1, 1957, taken by the State Board of Health, a county board of commissioners, and a sanitary district board...
- § 130A-76 Validation of dissolution of districts
All actions prior to January 1, 1981, taken by a county board of commissioners, by the State Board of Health or Commission, by an officer...
- § 130A-77 Validation of bonds of districts
All actions and proceedings prior to April 1, 1979, taken, and all elections held in a sanitary district or in a district purporting to be...
- § 130A-78 Tax levy for validated bonds
Sanitary districts are authorized to make appropriations and to levy annually a tax on property having a situs in the district under the rules and...
- § 130A-79 Validation of appointment or election of members of district boards
(a) All actions and proceedings prior to June 6, 1961, taken in the appointment or election of members of a sanitary district board are validated....
- § 130A-80 Merger of district with contiguous city or town; election
A sanitary district may merge with a contiguous city or town in the following manner: (1) The sanitary district board and the governing board of...
- § 130A-80.1 Merger of district with coterminous city or town; election
A sanitary district may merge with a coterminous city or town in the following manner: (1) The sanitary district board and the governing board of...
- § 130A-80.2 Merger of district with noncoterminous city or town it is contained wholly within; election
A sanitary district may merge with a city or town which it is contained wholly within, but where the sanitary district and the city or...
- § 130A-80.3 Merger of district with contiguous metropolitan water district
(a) A sanitary district may merge with a contiguous, but not coterminous, metropolitan water district organized under Article 4 of Chapter 162A of the General...
- § 130A-81 Incorporation of municipality and simultaneous dissolution of sanitary district, with transfer of assets and liabilities from the district to the municipality
The General Assembly may incorporate a municipality, which includes within its boundaries or is coterminous with a sanitary district and provide for the simultaneous dissolution...
- § 130A-82 Dissolution of sanitary districts; referendum
(a) A county board of commissioners in counties having a population in excess of 275,000 may dissolve a sanitary district by holding a referendum on...
- § 130A-83 Merger of two contiguous sanitary districts
Two contiguous sanitary districts may merge in the following manner: (1) The sanitary district board of each sanitary district must first adopt a common...
- § 130A-84 Withdrawal of water
A sanitary district is empowered to engage in litigation or to join with other parties in litigation opposing the withdrawal of water from a river...
- § 130A-85 Further dissolution procedures
(a) The County Board of Commissioners may dissolve a Sanitary District located entirely within one county upon the following conditions: (1) There are 500 or...
- § 130A-86 Reserved for future codification purposes
- § 130A-87 Reserved for future codification purposes
Article 3 - State Laboratory of Public Health.
Article 4 - Vital Statistics.
- § 130A-90 Vital statistics program
The Department shall maintain a Vital Statistics Program which shall operate the only system of vital records registration throughout this State. (1983, c. 891, s.
- § 130A-91 State Registrar
The Secretary shall appoint a State Registrar of Vital Statistics. The State Registrar of Vital Statistics shall exercise all the authority conferred by this Article....
- § 130A-92 Duties of the State Registrar
(a) The State Registrar shall secure and maintain all vital records required under this Article and shall do all things necessary to carry out its...
- § 130A-93 Access to vital records; copies
(a) Only the State Registrar shall have access to original vital records and to indices to the original vital records. County offices authorized to issue...
- § 130A-93.1 Fees for vital records copies or search; automation fund
(a) The State Registrar shall collect, process, and utilize fees for services as follows: (1) A fee not to exceed fifteen dollars ($15.00) shall be...
- § 130A-94 Local registrar
The local health director shall serve, ex officio, as the local registrar of each county within the jurisdiction of the local health department. (1983, c....
- § 130A-95 Control of local registrar
The State Registrar shall direct, control and supervise the activities of local registrars. (1913, c. 109, s. 4; 1915, c. 20; C.S., ss. 7089, 7090;...
- § 130A-96 Appointment of deputy and sub-registrars
(a) Each local registrar shall immediately upon appointment, appoint a deputy whose duty shall be to assist the local registrar and to act as local...
- § 130A-97 Duties of local registrars
The local registrar shall: (1) Administer and enforce provisions of this Article and the rules, and immediately report any violation to the State Registrar; (2)...
- § 130A-98 Pay of local registrars
A local health department shall provide sufficient staff, funds and other resources necessary for the proper administration of the local vital records registration program. (1913,...
- § 130A-99 Register of deeds to preserve copies of birth and death records
(a) The register of deeds of each county shall file and preserve the copies of birth and death certificates furnished by the local registrar under...
- § 130A-100 Register of deeds may perform notarial acts
(a) The register of deeds is authorized to take acknowledgments, administer oaths and affirmations and to perform all other notarial acts necessary for the registration...
- § 130A-101 Birth registration
(a) A certificate of birth for each live birth, regardless of the gestation period, which occurs in this State shall be filed with the local...
- § 130A-102 Contents of birth certificate
The certificate of birth shall contain those items recommended by the federal agency responsible for national vital statistics, except as amended or changed by the...
- § 130A-103 Registration of birth certificates more than five days and less than one year after birth
Any birth may be registered more than five days and less than one year after birth in the same manner as births are registered under...
- § 130A-104 Registration of birth one year or more after birth
(a) When the birth of a person born in this State has not been registered within one year after birth, a delayed certificate may be...
- § 130A-105 Validation of irregular registration of birth certificates
The registration and filing with the State Registrar prior to April 1, 1941, of the birth certificate of a person whose birth was not registered...
- § 130A-106 Establishing fact of birth by persons without certificates
(a) A person born in this State not having a recorded certificate of birth, may file a verified petition with the clerk of the superior...
- § 130A-107 Establishing facts relating to a birth of unknown parentage; certificate of identification
(a) A person of unknown parentage whose place and date of birth are unknown may file a verified petition with the clerk of the superior...
- § 130A-108 Certificate of identification for individual of foreign birth
(a) In the case of an adopted individual born in a foreign country and residing in this State at the time of application, the State...
- § 130A-109 Birth certificate as evidence
Certified copies of birth certificates shall be accepted by public school authorities in this State as prima facie evidence of the age of children registering...
- § 130A-110 Registration of marriage certificates
(a) On or before the fifteenth day of the month, the register of deeds shall transmit to the State Registrar a record of each marriage...
- § 130A-111 Registration of divorces and annulments
For each divorce and annulment of marriage granted by a court of competent jurisdiction in this State, a report shall be prepared and filed by...
- § 130A-112 Notification of death
A funeral director or person acting as such who first assumes custody of a dead body or fetus of 20 completed weeks gestation or more...
- § 130A-113 Permits for burial-transit, authorization for cremation and disinterment-reinterment
(a) The funeral director or person acting as such who first assumes custody of a dead body or fetus which is under the jurisdiction of...
- § 130A-114 Fetal death registration
(a) Each spontaneous fetal death occurring in the State of 20 completed weeks gestation or more, as calculated from the first day of the last...
- § 130A-115 Death registration
(a) A death certificate for each death which occurs in this State shall be filed with the local registrar of the county in which the...
- § 130A-116 Contents of death certificate
The certificate of death shall contain those items prescribed and specified on the standard certificate of death as prepared by the federal agency responsible for...
- § 130A-117 Persons required to keep records and provide information
(a) All persons in charge of hospitals or other institutions, public or private, to which persons resort for confinement or treatment of diseases or to...
- § 130A-118 Amendment of birth and death certificates
(a) After acceptance for registration by the State Registrar, no record made in accordance with this Article shall be altered or changed, except by a...
- § 130A-119 Clerk of Court to furnish State Registrar with facts as to paternity of illegitimate children judicially determined
Upon the entry of a judgment determining the paternity of an illegitimate child, the clerk of court of the county in which the judgment is...
- § 130A-120 Certification of birth dates furnished to veterans' organizations
Upon application by any veterans' organization in this State in connection with junior or youth baseball, the State Registrar shall furnish certification of dates of...
- § 130A-121 List of deceased residents for county jury commission and Commissioner of Motor Vehicles
(a) The State Registrar shall provide to each county's jury commission an alphabetical list of all residents of that county who have died in the...
- § 130A-122 Reserved for future codification purposes
- § 130A-123 Reserved for future codification purposes
Article 5 - Maternal and Child Health and Women's Health.
- § 130A-124 Department to establish maternal and child health program
(a) The Department shall establish and administer a maternal and child health program for the delivery of preventive, diagnostic, therapeutic and habilitative health services to...
- § 130A-125 Screening of newborns for metabolic and other hereditary and congenital disorders
(a) The Department shall establish and administer a Newborn Screening Program. The program shall include, but shall not be limited to: (1) Development and distribution...
- § 130A-126 Rule-making authority for birth - three-year-old early intervention program
The rule‑making authority for the birth three‑year‑old early intervention program through Part C of the Individuals with Disabilities Act (IDEA) is transferred from the Commission...
- § 130A-127 Department to establish program
(a) The Department shall establish and administer a perinatal health care program. The program may include, but shall not be limited to: (1) Prenatal health...
- § 130A-128 Repealed by Session Laws 1991, c. 518, s.1
- § 130A-129 Department to establish program
The Department shall establish and administer a Sickle Cell Program. The Commission shall, after consultation with the Council on Sickle Cell Syndrome, adopt rules for...
- § 130A-130 Duties of local health departments
Local health departments shall provide sickle cell syndrome testing and counseling at no cost to persons requesting these services. If an individual is found to...
- § 130A-131 Council on Sickle Cell Syndrome; appointment; expenses; terms
A Council on Sickle Cell Syndrome is created. The Council shall consist of a chairperson and 14 other members appointed by the Governor. Members shall...
- § 130A-131.1 Council membership
In making appointments, consideration shall be given to persons representing the following areas: (1) Members of community agencies interested in sickle cell syndrome; (2) State...
- § 130A-131.2 Council role
The Council shall advise the Department and the Commission for Public Health on the needs of persons with sickle cell syndrome, and shall make recommendations...
- § 130A-131.3 Reserved for future codification purposes
- § 130A-131.4 Reserved for future codification purposes
- § 130A-131.5 Commission to adopt rules
(a) For the protection of the public health, the Commission shall adopt rules for the prevention and control of lead poisoning in children in accordance...
- § 130A-131.6 Reserved for future codification purposes
- § 130A-131.7 Definitions
The following definitions apply in this Part: (1) "Abatement" means undertaking any of the following measures to eliminate a lead‑based paint hazard: a. Removing lead‑based...
- § 130A-131.8 Reports of blood levels in children
All laboratories doing business in this State shall report to the Department all blood lead test results for children less than six years of age...
- § 130A-131.9 Examination and testing
When the Department has a reasonable suspicion that a child less than six years of age has an elevated blood lead level or a confirmed...
- § 130A-131.9A Investigation to identify lead poisoning hazards
(a) When the Department learns of confirmed lead poisoning, the Department shall conduct an investigation to identify the lead poisoning hazards to children. The Department...
- § 130A-131.9B Notification
Upon determination that a lead poisoning hazard exists, the Department shall give written notice of the lead poisoning hazard to the owner or managing agent...
- § 130A-131.9C Remediation
(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and...
- § 130A-131.9D Effect of compliance with maintenance standard
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly...
- § 130A-131.9E Certificate of evidence of compliance
An owner of a unit who has complied with the maintenance standard may apply annually to the Department for a certificate of compliance. Upon presentation...
- § 130A-131.9F Discrimination in financing
(a) No bank or financial institution in the business of lending money for the purchase, sale, construction, rehabilitation, improvement, or refinancing of real property of...
- § 130A-131.9G Resident responsibilities
In any residential housing unit occupied by a child less than six years of age who has an elevated blood lead level of 10 micrograms...
- § 130A-131.9H Application fees for certificates of compliance
The Department shall collect an application fee of ten dollars ($10.00) for each certificate of compliance. Fee receipts shall be used to support the program...
- § 130A-131.10 Manner of disposition of remains of pregnancies
(a) The Commission for Public Health shall adopt rules to ensure that all facilities authorized to terminate pregnancies, and all medical or research laboratories or...
- § 130A-131.11 through 130A-131.14 Reserved for future codification purposes
- § 130A-131.15 Repealed by Session Laws 2001-424, s. 21.89(b), effective July 1, 2001
- § 130A-131.15A Department to establish program
(a) The Department shall establish and administer Teen Pregnancy Prevention Initiatives. The Department shall establish initiatives for primary prevention, secondary prevention, and special projects. (b)...
- § 130A-131.16 Birth defects monitoring program established; definitions
(a) The Birth Defects Monitoring Program is established within the State Center for Health and Environmental Statistics. The Birth Defects Monitoring Program shall compile, tabulate,...
- § 130A-131.17 Confidentiality of information; research
(a) All information collected and analyzed by the Program pursuant to this Part shall be confidential insofar as the identity of the individual patient is...
- § 130A-131.18 through 130A-131.24 Reserved for future codification purposes
- § 130A-131.25 Office of Women's Health established
(a) There is established in the Department the Office of Women's Health. The purpose of the office is to expand the State's public health concerns...
- § 130A-131.32 Reserved for future codification purposes
Article 6 - Communicable Diseases.
- § 130A-133 Repealed by Session Laws 2002-179, s. 3, effective October 1, 2002
- § 130A-134 Reportable diseases and conditions
The Commission shall establish by rule a list of communicable diseases and communicable conditions to be reported. (1983, c. 891, s. 2; 1987, c. 782,...
- § 130A-135 Physicians to report
A physician licensed to practice medicine who has reason to suspect that a person about whom the physician has been consulted professionally has a communicable...
- § 130A-136 School principals and child care operators to report
A principal of a school and an operator of a child care facility, as defined in G.S. 110‑86(3), who has reason to suspect that a...
- § 130A-137 Medical facilities may report
A medical facility, in which there is a patient reasonably suspected of having a communicable disease or condition declared by the Commission to be reported,...
- § 130A-138 Operators of restaurants and other food or drink establishments to report
An operator of a restaurant or other establishment where food or drink is prepared or served for pay, as defined in G.S. 130A‑247(4) and (5),...
- § 130A-139 Persons in charge of laboratories to report
A person in charge of a laboratory providing diagnostic service in this State shall report information required by the Commission to a public health agency...
- § 130A-140 Local health directors to report
A local health director shall report to the Department all cases of diseases or conditions or laboratory findings of residents of the jurisdiction of the...
- § 130A-141 Form, content and timing of reports
The Commission shall adopt rules which establish the specific information to be submitted when making a report required by this Article, time limits for reporting,...
- § 130A-141.1 Temporary order to report
(a) The State Health Director may issue a temporary order requiring health care providers to report symptoms, diseases, conditions, trends in use of health care...
- § 130A-142 Immunity of persons who report
A person who makes a report pursuant to the provisions of this Article shall be immune from any civil or criminal liability that might otherwise...
- § 130A-143 Confidentiality of records
All information and records, whether publicly or privately maintained, that identify a person who has AIDS virus infection or who has or may have a...
- § 130A-144 Investigation and control measures
(a) The local health director shall investigate, as required by the Commission, cases of communicable diseases and communicable conditions reported to the local health director...
- § 130A-145 Quarantine and isolation authority
(a) The State Health Director and a local health director are empowered to exercise quarantine and isolation authority. Quarantine and isolation authority shall be exercised...
- § 130A-146 Transportation of bodies of persons who have died of reportable diseases
No person shall transport in this State the remains of any person who has died of a disease declared by the Commission to be reported...
- § 130A-147 Rules of the Commission
For the protection of the public health, the Commission is authorized to adopt rules for the detection, control and prevention of communicable diseases. (1983, c....
- § 130A-148 Laboratory tests for AIDS virus infection
(a) For the protection of the public health, the Commission shall adopt rules establishing standards for the certification of laboratories to perform tests for Acquired...
- § 130A-149 Recodified as G.S. 130A-479 by Session Laws 2002-179, s. 2, effective October 1, 2002
- § 130A-150 Reserved for future codification purposes
- § 130A-151 Reserved for future codification purposes
- § 130A-152 Immunization required
(a) Every child present in this State shall be immunized against diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella. In addition, every child...
- § 130A-153 Obtaining immunization; reporting by local health departments; access to immunization information in patient records; immunization of minors
(a) The required immunization may be obtained from a physician licensed to practice medicine or from a local health department. Local health departments shall administer...
- § 130A-154 Certificate of immunization
(a) A physician or local health department administering a required vaccine shall give a certificate of immunization to the person who presented the child for...
- § 130A-155 Submission of certificate to child care facility, preschool and school authorities; record maintenance; reporting
(a) No child shall attend a school (pre K‑12), whether public, private or religious, a child care facility as defined in G.S. 110‑86(3), unless a...
- § 130A-155.1 Submission of certificate to college or universities
(a) Except as otherwise provided in this section, no person shall attend a college or university, whether public, private, or religious, unless a certificate of...
- § 130A-156 Medical exemption
The Commission for Public Health shall adopt by rule medical contraindications to immunizations required by G.S. 130A‑152. If a physician licensed to practice medicine in...
- § 130A-157 Religious exemption
If the bona fide religious beliefs of an adult or the parent, guardian or person in loco parentis of a child are contrary to the...
- § 130A-158 Restitution required when vaccine spoiled due to provider negligence
Immunization program providers shall be liable for restitution to the State for the cost of replacement vaccine when vaccine in the provider's inventory has become...
- § 130A-159 Reserved for future codification purposes
- § 130A-160 through 130A-166 Repealed by Session Laws 1991, c. 225, s. 2
- § 130A-167 through 130A-170 Reserved for future codification purposes
- § 130A-171 through 130A-174 Repealed by Session Laws 1991, c. 225, s. 2
- § 130A-175 Reserved for future codification purposes
- § 130A-176 Reserved for future codification purposes
- § 130A-177 through 130A-178 Repealed by Session Laws 1991, c. 225, s. 2
- § 130A-179 Repealed by Session Laws 1987, c. 782, s. 20
- § 130A-180 through 130A-183 Reserved for future codification purposes
- § 130A-184 Definitions
The following definitions shall apply throughout this Part: (1) "Animal Control Officer" means a city or county employee designated as dog warden, animal control officer,...
- § 130A-185 Vaccination of all dogs and cats
(a) The owner of every dog and cat over four months of age shall have the animal vaccinated against rabies. The time or times of...
- § 130A-186 Appointment and certification of certified rabies vaccinator
In those counties where licensed veterinarians are not available to participate in all scheduled county rabies control clinics, the local health director shall appoint one...
- § 130A-187 County rabies vaccination clinics
The local health director shall organize or assist other county departments to organize at least one countywide rabies vaccination clinic per year for the purpose...
- § 130A-188 Fee for vaccination at county rabies vaccination clinics
The county board of commissioners is authorized to establish a fee to be charged at the county rabies vaccination clinics. The fee shall include an...
- § 130A-189 Rabies vaccination certificates
A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog or cat shall complete a three‑copy rabies vaccination certificate. The...
- § 130A-190 Rabies vaccination tags
(a) Issuance. A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog or cat shall issue a rabies vaccination tag...
- § 130A-191 Possession and distribution of rabies vaccine
It shall be unlawful for persons other than licensed veterinarians, certified rabies vaccinators and persons engaged in the distribution of rabies vaccine to possess rabies...
- § 130A-192 Dogs and cats not wearing required rabies vaccination tags
The Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If...
- § 130A-193 Vaccination and confinement of dogs and cats brought into this State
(a) A dog or cat brought into this State shall immediately be securely confined and shall be vaccinated against rabies within one week after entry....
- § 130A-194 Quarantine of districts infected with rabies
An area may be declared under quarantine against rabies by the local health director when the disease exists to the extent that the lives of...
- § 130A-195 Destroying stray dogs and cats in quarantine districts
When quarantine has been declared and dogs and cats continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have...
- § 130A-196 Confinement of all biting dogs and cats; notice to local health director; reports by physicians; certain dogs exempt
When a person has been bitten by a dog or cat, the person or parent, guardian or person standing in loco parentis of the person,...
- § 130A-197 Infected dogs and cats to be destroyed; protection of vaccinated dogs and cats
When the local health director reasonably suspects that a dog or cat has been exposed to the saliva or nervous tissue of a proven rabid...
- § 130A-198 Confinement
A person who owns or has possession of an animal which is suspected of having rabies shall immediately notify the local health director or county...
- § 130A-199 Rabid animals to be destroyed; heads to be sent to State Laboratory of Public Health
An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and its head sent to the State Laboratory of Public Health. The...
- § 130A-200 Confinement or leashing of vicious animals
A local health director may declare an animal to be vicious and a menace to the public health when the animal has attacked a person...
- § 130A-201 Rabies emergency
A local health director in whose county or district rabies is found in the wild animal population as evidenced by a positive diagnosis of rabies...
- § 130A-202 Reserved for future codification purposes
- § 130A-203 Reserved for future codification purposes
- § 130A-204 Reserved for future codification purposes
Article 7 - Chronic Disease.
- § 130A-205 Administration of program; rules
(a) The Department shall establish and administer a program for the prevention and detection of cancer and the care and treatment of persons with cancer....
- § 130A-206 Financial aid for diagnosis and treatment
The Department shall provide financial aid for diagnosis and treatment of cancer to indigent citizens of this State having or suspected of having cancer. The...
- § 130A-207 Cancer clinics
The Department is authorized to provide financial aid to sponsored cancer clinics in medical facilities and local health departments. The Commission shall adopt rules to...
- § 130A-208 Central cancer registry
A central cancer registry is established within the Department. The central cancer registry shall compile, tabulate and preserve statistical, clinical and other reports and records...
- § 130A-209 Incidence reporting of cancer; charge for collection if failure to report
(a) All health care facilities and health care providers that detect, diagnose, or treat cancer or benign brain or central nervous system tumors shall report...
- § 130A-210 Repealed by Session Laws 1999-33, s. 2
- § 130A-211 Immunity of persons who report cancer
A person who makes a report pursuant to G.S. 130A‑209 or 130A‑210 to the central cancer registry shall be immune from any civil or criminal...
- § 130A-212 Confidentiality of records
The clinical records or reports of individual patients shall be confidential and shall not be public records open to inspection. The Commission shall provide by...
- § 130A-213 Cancer Committee of the North Carolina Medical Society
In implementing this Part, the Department shall consult with the Cancer Committee of the North Carolina Medical Society. The Committee shall consist of at least...
- § 130A-214 Duties of Department
The Department shall study the entire problem of cancer including its causes, including environmental factors; prevention; detection; diagnosis and treatment. The Department shall provide or...
- § 130A-215 Reports
The Secretary shall make a report to the Governor and the General Assembly specifying the activities of the cancer control program and its budget. The...
- § 130A-216 through 130A-219 Reserved for future codification purposes
- § 130A-220 Department to establish program
(a) The Department shall establish and administer a program for the detection and prevention of chronic renal disease and the care and treatment of persons...
- § 130A-221 Department authorized to establish program
(a) The Department may establish and administer a program for the detection and prevention of glaucoma and diabetes and the care and treatment of persons...
- § 130A-222 Department to establish program
(a) The Department shall establish and administer a program for the detection and prevention of arthritis and the care and treatment of persons with arthritis....
- § 130A-223 Department to establish program
(a) The Department shall establish and administer a program for the prevention of diseases, disabilities and accidents that contribute significantly to mortality and morbidity among...
- § 130A-224 Department to establish program
To protect and enhance the public health, welfare, and safety, the Department shall establish and administer a comprehensive statewide injury prevention program. The Department shall...
- § 130A-225 Reserved for future codification purposes
- § 130A-226 Reserved for future codification purposes
Article 8 - Sanitation.
- § 130A-227 Department to establish program; definitions
(a) For the purpose of promoting a safe and healthful environment and developing corrective measures required to minimize environmental health hazards, the Department shall establish...
- § 130A-228 through 130A-229 Repealed by Session Laws 1995, c. 123, s. 11
- § 130A-230 Commission to adopt rules; enforcement of rules
For the protection of the public health, the Commission shall adopt rules establishing sanitation requirements for the harvesting, processing and handling of scallops, shellfish and...
- § 130A-231 Agreements between the Division of Environmental Health and the Division of Marine Fisheries
Nothing in this Part is intended to limit the authority of the Division of Marine Fisheries of the Department of Environment and Natural Resources to...
- § 130A-232 Reserved for future codification purposes
- § 130A-233 Definitions
The following definitions apply to this Part: (1) Coastal fishing waters. Defined in G.S. 113‑129(4). (2) Inland fishing waters. Defined in G.S. 113‑129(9). (3) Coastal...
- § 130A-233.1 Monitoring program for State coastal fishing and recreation waters; development and implementation of program
(a) For the protection of the public health of swimmers and others who use the State's coastal fishing waters for recreational activities, the Department shall...
- § 130A-233.2 Removal or destruction of warning signs
No person shall remove, destroy, damage, deface, mutilate, or otherwise interfere with any sign posted by the Department pursuant to G.S. 130A‑233.1. No person, without...
- § 130A-234 Reserved for future codification purposes
- § 130A-235 Regulation of sanitation in institutions; setback requirements applicable to certain water supply wells
(a) For protection of the public health, the Commission shall adopt rules to establish sanitation requirements for all institutions and facilities at which individuals are...
- § 130A-236 Regulation of sanitation in schools
For the protection of the public health, the Commission shall adopt rules to establish sanitation requirements for public, private and religious schools. The rules shall...
- § 130A-237 Corrective action
A principal or administrative head of a public, private, or religious school shall immediately take action to correct conditions that do not satisfy the sanitation...
- § 130A-238 through 130A-246 Repealed by Session Laws 1989, c. 91
- § 130A-247 Definitions
The following definitions shall apply throughout this Part: (1) "Establishment" means (i) an establishment that prepares or serves drink, (ii) an establishment that prepares or...
- § 130A-248 Regulation of food and lodging establishments
(a) For the protection of the public health, the Commission shall adopt rules governing the sanitation of establishments that prepare or serve drink or food...
- § 130A-249 Inspections; report and grade card
The Secretary may enter any establishment that is subject to the provisions of G.S. 130A‑248 for the purpose of making inspections. The Secretary shall inspect...
- § 130A-250 Exemptions
The following shall be exempt from this Part: (1) Establishments that provide lodging described in G.S. 130A‑248(a1) with four or fewer lodging units. (2) Condominiums....
- § 130A-251 Legislative intent and purpose
The intent and purpose of this Part is to provide for the protection of the public health, safety and welfare of those persons in attendance...
- § 130A-252 Definition of mass gathering; applicability of Part
(a) For the purposes of this Part, "mass gathering" means a congregation or assembly of more than 5,000 people in an open space or open...
- § 130A-253 Permit required; information report; revocation of permit
(a) No person shall organize, sponsor or hold any mass gathering unless a permit has been issued to the person by the Secretary under the...
- § 130A-254 Application for permit
(a) Application for a permit for a mass gathering shall be made to the Secretary on a form and in a manner prescribed by the...
- § 130A-255 Provisional permit; performance bond; liability insurance
(a) Within 15 days after the receipt of the application, the Secretary shall review the application and inspect the proposed site for the mass gathering....
- § 130A-256 Issuance of permit; revocation; forfeiture of bond; cancellation
(a) If, upon inspection by the Secretary five days prior to the starting date of the mass gathering, or earlier upon request of the permittee,...
- § 130A-257 Rules of the Commission
For the protection of the public health, safety and welfare of those attending mass gatherings and of other persons who may be affected by mass...
- § 130A-258 Local ordinances not abrogated
Nothing in this Part shall be construed to limit the authority of units of local government to adopt ordinances regulating, but not prohibiting, congregations and...
- § 130A-259 through 130A-260 Reserved for future codification purposes
- § 130A-261 Definitions
The following definitions shall apply throughout this Part: (1) "Bedding" means any mattress, upholstered spring, sleeping bag, pad, comforter, cushion, pillow, decorative pillow, and any...
- § 130A-262 Sanitizing
(a) No person shall sell any renovated bedding or secondhand bedding unless it is sanitized in accordance with rules adopted by the Commission. (b) A...
- § 130A-263 Manufacture regulated
All materials used in the manufacture of bedding in this State or used in manufactured bedding to be sold in this State shall be free...
- § 130A-264 Storage of used materials
No establishment shall store any unsanitized previously used materials in the same room with bedding or materials that are new or have been sanitized unless...
- § 130A-265 Tagging requirements
(a) A tag of durable material approved by the Commission shall be sewed securely to all bedding. The tag shall be at least two inches...
- § 130A-266 Altering tags prohibited
No person, other than one purchasing bedding for personal use or a representative of the Department shall remove, deface or alter the tag required by...
- § 130A-267 Selling regulated
(a) No person shall sell any bedding in this State (whether manufactured within or without this State) which has not been manufactured, tagged, and labeled...
- § 130A-268 Registration numbers
(a) All persons manufacturing or sanitizing bedding in this State or manufacturing bedding to be sold in this State shall apply for a registration number...
- § 130A-269 Payment of fees; licenses
(a), (b) Repealed by Session Laws 1987, c. 456, s. 7. (c) The Department shall administer and enforce this Part. A person who has done...
- § 130A-270 Bedding Law Account
The Bedding Law Account is established as a nonreverting account within the Department. All fees collected under this Part shall be credited to the Account...
- § 130A-271 Enforcement by the Department
(a) The Department shall enforce the provisions of this Part and the rules adopted by the Commission. (b) The Secretary may prohibit sale and place...
- § 130A-272 Exemptions for blind persons and State institutions
(a) In cases where bedding is manufactured, sanitized or renovated in a plant or place of business which has qualified as a nonprofit agency for...
- § 130A-273 Rules
The Commission shall adopt rules required by this Part in order to protect the public health. (1983, c. 891, s. 2.)
- § 130A-274 Definitions
The following definitions shall apply throughout this Part: (1) "Grade 'A' milk" means fluid milk and milk products which have been produced, transported, handled, processed...
- § 130A-275 Commission to adopt rules
Notwithstanding the provisions of G.S. 106‑267 et seq., the Commission is authorized and directed to adopt rules relating to the sanitary production, transportation, processing and...
- § 130A-276 Permits required
No person shall produce, transport, process, or distribute Grade "A" milk without first having obtained a valid permit from the Department. (1983, c. 891, s.
- § 130A-277 Duties of the Department
The Department shall enforce the rules of the Commission governing Grade "A" milk by making sanitary inspections of Grade "A" dairy farms, Grade "A" processing...
- § 130A-278 Certain authorities of Department of Agriculture and Consumer Services not replaced
This Part shall not repeal or limit the Department of Agriculture and Consumer Services' authority to carry out labeling requirements, required butterfat testing, aflatoxin testing,...
- § 130A-279 Sale or dispensing of milk
Only milk that is Grade "A" pasteurized milk may be sold or dispensed directly to consumers for human consumption. Raw milk and raw milk products...
- § 130A-280 Scope
This Article provides for the regulation of public swimming pools in the State as they may affect the public health and safety. As used in...
- § 130A-281 Operation permit required
No public swimming pool may be opened for use unless the owner or operator has obtained an operation permit issued by the Department pursuant to...
- § 130A-282 Commission to adopt rules; exception
(a) Rules Required. For protection of the public health and safety, the Commission shall adopt and the Department shall enforce rules concerning the construction and...
- § 130A-283 Tattooing regulated
(a) Definition. As used in this Part, the term "tattooing" means the inserting of permanent markings or coloration, or the producing of scars, upon or...
- § 130A-284 Decontamination of property used for the manufacture of methamphetamine
For the protection of the public health, the Commission shall adopt rules establishing decontamination standards to ensure that certain property is reasonably safe for habitation....
- § 130A-285 Reserved for future codification purposes
- § 130A-286 Reserved for future codification purposes
- § 130A-287 Reserved for future codification purposes
- § 130A-288 Reserved for future codification purposes
- § 130A-289 Reserved for future codification purposes
Article 9 - Solid Waste Management.
- § 130A-290 Definitions
(a) Unless a different meaning is required by the context, the following definitions shall apply throughout this Article: (1) "Affiliate" has the same meaning as...
- § 130A-291 Division of Waste Management
(a) For the purpose of promoting and preserving an environment that is conducive to public health and welfare, and preventing the creation of nuisances and...
- § 130A-291.1 Septage management program; permit fees
(a) The Department shall establish and administer a septage management program in accordance with the provisions of this section. (b) For the protection of the...
- § 130A-291.2 Temporary domestic wastewater holding tanks
When a permanent domestic wastewater collection and treatment system is not available at a construction site or a temporary special event, a temporary wastewater holding...
- § 130A-291.3 Septage operator training required
(a) Each septage management firm operator shall attend a training course approved pursuant to subsection (d) of this section of no less than four hours...
- § 130A-292 Conveyance of land used for commercial hazardous waste disposal facility to the State
(a) No land may be used for a commercial hazardous waste disposal facility until fee simple title to the land has been conveyed to this...
- § 130A-293 Local ordinances prohibiting hazardous waste facilities invalid; petition to preempt local ordinance
(a) It is the intent of the General Assembly to maintain a uniform system for the management of hazardous waste and to place limitations upon...
- § 130A-294 Solid waste management program
(a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program....
- § 130A-294.1 Fees applicable to generators and transporters of hazardous waste, and to hazardous waste storage, treatment, and disposal facilities
(a) It is the intent of the General Assembly that the fee system established by this section is solely to provide funding in addition to...
- § 130A-295 Additional requirements for hazardous waste facilities
(a) An applicant for a permit for a hazardous waste facility shall satisfy the Department that: (1) Any hazardous waste facility constructed or operated by...
- § 130A-295.01 Additional requirement for commercial hazardous waste facilities
(a) As used in this section: (1) "Commercial hazardous waste facility" means any hazardous waste facility that accepts hazardous waste from the general public or...
- § 130A-295.02 Resident inspectors required at commercial hazardous waste facilities; recovery of costs for same
(a) The Division shall employ full‑time resident inspectors for each commercial hazardous waste facility located within the State. Such inspectors shall be employed and assigned...
- § 130A-295.03 Additional requirement for hazardous waste disposal facilities; hazardous waste to be placed in containers
(a) For purposes of this section, the term "container" means any portable device into which waste is placed for storage, transportation, treatment, disposal, or other...
- § 130A-295.04 Financial responsibility requirements for applicants for a permit and permit holders for hazardous waste facilities
(a) In addition to any other financial responsibility requirements for solid waste management facilities under this Part, the applicant for a permit or a permit...
- § 130A-295.05 Hazardous waste transfer facilities
(a) The owner or operator of a hazardous waste transfer facility in North Carolina shall register the facility with the Department and shall obtain a...
- § 130A-295.1 (See Editor's note) Limitations on permits for sanitary landfills
- § 130A-295.2 Financial responsibility requirements for applicants and permit holders for solid waste management facilities
(a) As used in this section: (1) "Financial assurance" refers to the ability of an applicant or permit holder to pay the costs of assessment...
- § 130A-295.3 Environmental compliance review requirements for applicants and permit holders
(a) For purposes of this section, "applicant" means an applicant for a permit and a permit holder and includes the owner or operator of the...
- § 130A-295.4 Combustion products landfills
(a) The definitions set out in G.S. 130A‑290(a) apply to this section. (b) The Department may permit a combustion products landfill to be constructed partially...
- § 130A-295.5 Traffic study required for certain solid waste management facilities
(a) An applicant for a permit for a sanitary landfill or for a transfer station shall conduct a traffic study of the impacts of the...
- § 130A-295.6 Additional requirements for sanitary landfills
(a) The Department shall conduct a study of the environmental impacts of any proposed sanitary landfill. The study shall meet all of the requirements set...
- § 130A-295.8 Fees applicable to permits for solid waste management facilities
(a) The Solid Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to...
- § 130A-295.9 (Effective July 1, 2008) Solid waste disposal tax; use of proceeds
It is the intent that the proceeds of the solid waste disposal tax imposed by Article 5G of Chapter 105 of the General Statutes shall...
- § 130A-296 Repealed by Session Laws 1993, c. 501, s. 15
- § 130A-297 Receipt and distribution of funds
The Department may accept loans and grants from the federal government and other sources for carrying out the purposes of this Article, and shall adopt...
- § 130A-298 Hazardous waste fund
A nonreverting hazardous waste fund is established within the Department which shall be available to defray the cost to the State for monitoring and care...
- § 130A-299 Single agency designation
The Department is designated as the single State agency for purposes of RCRA or any State or federal legislation enacted to promote the proper management...
- § 130A-300 Effect on laws applicable to water pollution control
This Article shall not be construed as amending, repealing or in any manner abridging or interfering with those sections of the General Statutes of North...
- § 130A-301 Recordation of permits for disposal of waste on land and Notice of Open Dump
(a) Whenever the Department approves a permit for a sanitary landfill or a facility for the disposal of hazardous waste on land, the owner of...
- § 130A-301.1 Land clearing and inert debris landfills with a disposal area of 1/2 acre or less; recordation
(a) No landfill for the on‑site disposal of land clearing and inert debris shall, at the time the landfill is sited, be sited 50 feet...
- § 130A-301.2 Expired September 30, 2003, pursuant to Session Laws 1995, c. 502, s. 4, as amended by Session Laws 2001-357
- § 130A-302 Sludge deposits at sanitary landfills
Sludges generated by the treatment of wastewater discharges which are point sources subject to permits granted under Section 402 of the Federal Water Pollution Control...
- § 130A-303 Imminent hazard
(a) The judgement of the Secretary that an imminent hazard exists concerning solid waste shall be supported by findings of fact made by the Secretary....
- § 130A-304 Confidential information protected
(a) The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Article is confidential...
- § 130A-305 Construction
This Article shall be interpreted as enabling the State to obtain federal financial assistance in carrying out its solid waste management program and to obtain...
- § 130A-306 Emergency Response Fund
There is established under the control and direction of the Department, an Emergency Response Fund which shall be a nonreverting fund consisting of any money...
- § 130A-307 Reserved for future codification purposes
- § 130A-308 Continuing releases at permitted facilities; notification of completed corrective action
(a) Standards adopted under G.S. 130A‑294(c) and a permit issued under G.S. 130A‑294(c) shall require corrective action for all releases of hazardous waste or constituents...
- § 130A-309 Corrective actions beyond facility boundary
Standards adopted under G.S. 130A‑294(c) shall require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment...
- § 130A-309.01 Title
This Part may be cited as the Solid Waste Management Act of 1989. (1989, c. 784, s. 2.)
- § 130A-309.02 Applicability
This Part shall apply to solid waste other than hazardous waste and sludges. (1989, c. 784, s. 2.)
- § 130A-309.03 Findings, purposes
(a) The General Assembly finds that: (1) Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and...
- § 130A-309.04 State solid waste management policy and goals
(a) It is the policy of the State to promote methods of solid waste management that are alternatives to disposal in landfills and to assist...
- § 130A-309.05 Regulated wastes; certain exclusions
(a) Notwithstanding other provisions of this Article, the following waste shall be regulated pursuant to this Part: (1) Medical waste; and (2) Ash generated by...
- § 130A-309.06 Additional powers and duties of the Department
(a) In addition to other powers and duties set forth in this Part, the Department shall: (1) Develop a comprehensive solid waste management plan consistent...
- § 130A-309.07 State solid waste management plan
The State solid waste management plan shall include, at a minimum: (1) Procedures to encourage cooperative efforts in solid waste management by counties and municipalities...
- § 130A-309.08 Determination of cost for solid waste management; local solid waste management fees
(a) Each county and each municipality shall annually determine the full cost for solid waste management within the service area of the county or municipality...
- § 130A-309.09 Recodified as §§ 130A-309.09A to 130A-309.09C by Session Laws 1991, c. 621, ss. 7 to 10
- § 130A-309.09A Local government solid waste responsibilities
(a) The governing board of each unit of local government shall assess local solid waste collection services and disposal capacity and shall determine the adequacy...
- § 130A-309.09B Local government waste reduction programs
(a) Each unit of local government shall establish and maintain a solid waste reduction program that will enable the unit of local government to meet...
- § 130A-309.09C Additional powers of local governments; construction of this Part; effect of noncompliance
(a) To effect the purposes of this Part, counties and municipalities are authorized, in addition to other powers granted pursuant to this Part: (1) To...
- § 130A-309.09D Responsibilities of generators of municipal solid waste owners and operators of privately owned solid waste management facilities and collectors of municipal solid waste
(a) A generator of municipal solid waste shall not knowingly dispose of, a collector of municipal solid waste shall not knowingly collect for disposal, and...
- § 130A-309.10 Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited
(a) No beverage shall be sold or offered for sale within the State in a beverage container designed and constructed so that the container is...
- § 130A-309.11 Compost standards and applications
(a) In order to protect the State's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management...
- § 130A-309.12 Solid Waste Management Trust Fund
(a) The Solid Waste Management Trust Fund is created and is to be administered by the Department for the purposes of: (1) Funding activities of...
- § 130A-309.13 Reserved for future codification purposes
- § 130A-309.14 Duties of State agencies
(a) Each State agency, including the General Assembly, the General Court of Justice, and The University of North Carolina shall: (1) Establish a program in...
- § 130A-309.14A Reports by certain State-assisted entities
Any community college, as defined in G.S. 115D‑2(2), and any nonprofit corporation that receives State funds are encouraged to prepare any written reports in compliance...
- § 130A-309.15 Prohibited acts regarding used oil
(a) No person may knowingly: (1) Collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or...
- § 130A-309.16 Public education program regarding used oil collection and recycling
The Department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and...
- § 130A-309.17 Registration of persons transporting, collecting, or recycling used oil; fees; reports and records
(a) The following persons shall register annually with the Department pursuant to rules of the Department on forms prescribed by it: (1) Any person who...
- § 130A-309.18 Regulation of used oil as hazardous waste
Nothing in this Part shall prohibit the Department from regulating used oil as a hazardous waste in a manner consistent with applicable federal law and...
- § 130A-309.19 Coordination with other State agencies
The Department of Transportation shall study the feasibility of using recycled oil products in road construction activities and shall report to the President Pro Tempore...
- § 130A-309.20 Public used oil collection centers
(a) The Department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize...
- § 130A-309.21 Incentives program
(a) The Department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil...
- § 130A-309.22 Grants to local governments
(a) The Department shall develop a grants program for units of local government to encourage the collection, reuse, and proper disposal of used oil. No...
- § 130A-309.23 Certification of used oil transporters
(a) Any person who transports over public highways after 1 January 1992, more than 500 gallons of used oil in any week must be a...
- § 130A-309.24 Permits for used oil recycling facilities
(a) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the Department...
- § 130A-309.25 Training of operators of solid waste management facilities
(a) The Department shall establish qualifications for, and encourage the development of training programs for, operators of incinerators, operators of landfills, coordinators of local recycling...
- § 130A-309.26 Regulation of medical waste
(a) As used in this section: (1) "Sharps" means needles, syringes, and scalpel blades. (2) "Treatment" means any process, including steam sterilization, chemical treatment, incineration,...
- § 130A-309.27 Joint and several liability
(a) As used in this section: (1) "Owner or operator" means, in addition to the usual meanings of the term, any owner of record of...
- § 130A-309.28 University research
Research, training, and service activities related to solid and hazardous waste management conducted by The University of North Carolina shall be coordinated by the Board...
- § 130A-309.29 Adoption of rules
The Commission may adopt rules to implement the provisions of this Part pursuant to Article 2A of Chapter 150B of the General Statutes. (1991, c....
- § 130A-309.30 through 130A-309.50 Reserved for future codification purposes
- § 130A-309.51 Title
This Part may be cited as the "North Carolina Scrap Tire Disposal Act." (1989, c. 784, s. 3.)
- § 130A-309.52 Findings; purpose
(a) The General Assembly finds that: (1) Scrap tire disposal poses a unique and troublesome solid waste management problem. (2) Scrap tires are a usable...
- § 130A-309.53 Definitions
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part: (1) "Collection site" means a site used for...
- § 130A-309.54 Use of scrap tire tax proceeds
Article 5B of Chapter 105 imposes a tax on new tires to provide funds for the disposal of scrap tires. A county may use proceeds...
- § 130A-309.55 through 130A-309.56 Repealed by Session Laws 1991, c. 221, s. 4
- § 130A-309.57 Scrap tire disposal program
(a) The owner or operator of any scrap tire collection site shall, within six months after October 1, 1989, provide the Department with information concerning...
- § 130A-309.58 Disposal of scrap tires
(a) Each county is responsible for providing for the disposal of scrap tires located within its boundaries in accordance with the provisions of this Part...
- § 130A-309.59 Registration of tire haulers
(a) Before engaging in the hauling of scrap tires in this State, any tire hauler must register with the Department whereupon the Department shall issue...
- § 130A-309.60 Nuisance tire collection sites
(a) On or after July 1, 1990, if the Department determines that a tire collection site is a nuisance, it shall notify the person responsible...
- § 130A-309.61 Effect on local ordinances
This Part preempts any local ordinance regarding the disposal of scrap tires to the extent the local ordinance is inconsistent with this Part or the...
- § 130A-309.62 Fines and penalties
Any person who knowingly hauls or disposes of a tire in violation of this Part or the rules adopted pursuant to this Part shall be...
- § 130A-309.63 Scrap Tire Disposal Account
(a) Creation. The Scrap Tire Disposal Account is established as a nonreverting account within the Department. The Account consists of revenue credited to the Account...
- § 130A-309.64 through 130A-309.69 Reserved for future codification purposes
- § 130A-309.70 Landfilling and incineration of lead-acid batteries prohibited; delivery for recycling
(a) No person shall knowingly place or dispose of a used lead‑acid battery in a landfill, incinerator, or in any waste‑to‑energy facility. Any person may...
- § 130A-309.71 Retailers required to accept lead-acid batteries for recycling; posting of notice required
(a) A person who sells or offers for sale lead‑acid batteries at retail in this State shall accept from customers, at the point of transfer...
- § 130A-309.72 Wholesalers required to accept lead-acid batteries
(a) No person selling new lead‑acid batteries at wholesale shall refuse to accept from customers at the point of transfer, used lead‑acid batteries of the...
- § 130A-309.73 Inspections of battery retailers authorized; construction of this Part
(a) The Department may inspect any place, building, or premise subject to the provisions of G.S. 130A‑309.71. The Department may issue warnings to persons who...
- § 130A-309.74 through 130A-309.79 Reserved for future codification purposes
- § 130A-309.80 Findings and purpose
The General Assembly finds that white goods are difficult to dispose of, that white goods that contain chlorofluorocarbon refrigerants pose a danger to the environment,...
- § 130A-309.81 Management of discarded white goods; disposal fee prohibited
(a) Duty. Each county is responsible for providing at least one site for the collection of discarded white goods. It must also provide for the...
- § 130A-309.82 Use of disposal tax proceeds by counties
Article 5C of Chapter 105 of the General Statutes imposes a tax on new white goods to provide funds for the management of discarded white...
- § 130A-309.83 White Goods Management Account
(a) The White Goods Management Account is established within the Department. The Account consists of revenue credited to the Account from the proceeds of the...
- § 130A-309.84 Civil penalties for improper disposal
The Department may assess a civil penalty of not more than one hundred dollars ($100.00) against a person who, knowing it is unlawful, places or...
- § 130A-309.85 Reporting on the management of white goods
The Department shall include in the report to be delivered to the Environmental Review Commission on or before 15 January of each year pursuant to...
- § 130A-309.86 Effect on local ordinances
This Part preempts any local ordinance regarding the management of white goods that is inconsistent with this Part or the rules adopted pursuant to this...
- § 130A-309.87 Eligibility for disposal tax proceeds
(a) Receipt of Funds. A county may not receive a quarterly distribution of the white goods disposal tax proceeds under G.S. 105‑187.24 unless the undesignated...
- § 130A-309.90 (Effective January 1, 2009) Findings
The General Assembly makes the following findings: (1) The computer equipment waste stream is growing rapidly in volume and complexity and can introduce toxic materials...
- § 130A-309.91 (Effective January 1, 2009) Definitions
As used in this Part, the following definitions apply: (1) Business entity. Defined in G.S. 55‑1‑40(2a). (2) Computer equipment. Any desktop central processing unit, any...
- § 130A-309.92 (Effective January 1, 2009) Responsibility for recycling discarded computer equipment
In addition to the specific requirements of this Part, discarded computer equipment collectors and manufacturers share responsibility for the recycling of discarded computer equipment and...
- § 130A-309.93 (For effective dates, see note) Requirements for manufacturers
(a) Registration and Fee Required. Each manufacturer of computer equipment, before selling or offering for sale computer equipment in North Carolina, shall register with the...
- § 130A-309.94 (Effective January 1, 2010) Requirements for discarded computer equipment collectors
Each discarded computer equipment collector shall ensure that discarded computer equipment received by the collector is consolidated at central locations, properly stored, and either held...
- § 130A-309.95 (Effective January 1, 2009) Responsibilities of the Department
In addition to its other responsibilities under this Part, the Department shall: (1) Develop and maintain a current list of manufacturers that are in compliance...
- § 130A-309.96 (Effective January 1, 2009) Computer Equipment Management Account
The Computer Equipment Management Account is created as a nonreverting account within the Department. Funds in the Account shall be used by the Department to...
- § 130A-309.97 (Effective January 1, 2009) Enforcement
This Part may be enforced as provided by Part 2 of Article 1 of this Chapter. (2007‑550, s. 16.1.)
- § 130A-309.98 (Effective April 1, 2011) Annual report
No later than 1 April of each year, the Department shall submit a report on the recycling of discarded computer equipment in the State under...
- § 130A-310 Definitions
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part: (1) "CERCLA/SARA" means the Comprehensive Environmental Response, Compensation,...
- § 130A-310.1 Identification, inventory, and monitoring of inactive hazardous substance or waste disposal sites; duty of owners, operators, and responsible parties to provide information and access; remedies
(a) The Department shall develop and implement a program for locating, cataloguing, and monitoring all inactive hazardous substance or waste disposal sites in North Carolina....
- § 130A-310.2 Inactive Hazardous Waste Sites Priority List
No later than six months after July 1, 1987, the Commission shall develop a system for the prioritization of inactive hazardous substance or waste...
- § 130A-310.3 Remedial action programs for inactive hazardous substance or waste disposal sites
(a) The Secretary may issue a written declaration, based upon findings of fact, that an inactive hazardous substance or waste disposal site endangers the public...
- § 130A-310.4 Public participation in the development of the remedial action plan
(a) Within 10 days after the Secretary issues a declaration pursuant to G.S. 130A‑310.3, he shall notify in writing the local board of health and...
- § 130A-310.5 Authority of the Secretary with respect to sites which pose an imminent hazard
(a) An imminent hazard exists whenever the Secretary determines, that there exists a condition caused by an inactive hazardous substance or waste disposal site, including...
- § 130A-310.6 State action upon default of responsible parties or when no responsible party can be located
(a) Whenever a person ordered to develop and implement an inactive hazardous substance or waste disposal site remedial action program is unable or fails to...
- § 130A-310.7 Action for reimbursement; liability of responsible parties; notification of completed remedial action
(a) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in this subsection, any person who: (1) Discharges...
- § 130A-310.8 Recordation of inactive hazardous substance or waste disposal sites
(a) After determination by the Department of the existence and location of an inactive hazardous substance or waste disposal site, the owner of the real...
- § 130A-310.9 Voluntary remedial actions; limitation of liability; agreements; implementation and oversight by private engineering and consulting firms
(a) No one owner, operator, or other responsible party who voluntarily participates in the implementation of a remedial action program under G.S. 130A‑310.3 or G.S....
- § 130A-310.10 Annual reports
(a) The Secretary shall report on inactive hazardous sites to the Environmental Review Commission on or before 1 October of each year. The report shall...
- § 130A-310.11 (Effective until July 1, 2008) Inactive Hazardous Sites Cleanup Fund created
(a) There is established under the control and direction of the Department the Inactive Hazardous Sites Cleanup Fund. This fund shall be a revolving fund...
- § 130A-310.12 Administrative procedure; adoption of rules
(a) The provisions of Chapter 150B of the General Statutes apply to this Part. The Commission shall adopt rules for the implementation of this Part....
- § 130A-310.13 Short title
This Part shall be known and may be cited as the Inactive Hazardous Sites Response Act of 1987. (1991, c. 281, s. 3)
- § 130A-310.14 through 130A-310.19 Reserved for future codification purposes
- § 130A-310.20 Definitions
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part: (1) "CERCLA/SARA" or "Superfund" means the Comprehensive Environmental...
- § 130A-310.21 Administration of the Superfund program
The Department shall maintain an appropriate administrative subunit within the solid waste management unit authorized by G.S. 130A‑291 to carry out those activities in which...
- § 130A-310.22 Contracts authorized
(a) The Department is authorized to enter into contracts and cooperative agreements with the United States and to engage in any activity otherwise authorized by...
- § 130A-310.23 Filing notices of CERCLA/SARA (Superfund) liens
Notices of liens and certificates of notices affecting liens for obligations payable to the United States under CERCLA/SARA (Superfund) (42 U.S.C. 9607(l)) shall be filed...
- § 130A-310.24 through 130A-310.29 Reserved for future codification purposes
- § 130A-310.30 Short title
This Part may be cited as The Brownfields Property Reuse Act of 1997. (1997‑357, s. 2.)
- § 130A-310.31 Definitions
(a) Unless a different meaning is required by the context or unless a different meaning is set out in subsection (b) of this section, the...
- § 130A-310.32 Brownfields agreement
(a) The Department may, in its discretion, enter into a brownfields agreement with a prospective developer who satisfies the requirements of this section. A prospective...
- § 130A-310.33 Liability protection
(a) A prospective developer who enters into a brownfields agreement with the Department and who is complying with the brownfields agreement shall not be held...
- § 130A-310.34 Public notice and community involvement
(a) A prospective developer who desires to enter into a brownfields agreement shall notify the public and the community in which the brownfields property is...
- § 130A-310.35 Notice of Brownfields Property; land-use restrictions in deed
(a) In order to reduce or eliminate the danger to public health or the environment posed by a brownfields property being addressed under this Part,...
- § 130A-310.36 Appeals
A decision by the Department as to whether or not to enter into a brownfields agreement including the terms of any brownfields agreement is reviewable...
- § 130A-310.37 Construction of Part
(a) This Part is not intended and shall not be construed to: (1) Affect the ability of local governments to regulate land use under Article...
- § 130A-310.38 Brownfields Property Reuse Act Implementation Account
The Brownfields Property Reuse Act Implementation Account is created as a nonreverting interest‑bearing account in the Office of the State Treasurer. The Account shall consist...
- § 130A-310.39 Fees
(a) The Department shall collect the following fees: (1) A prospective developer who submits a proposed brownfields agreement for review by the Department shall pay...
- § 130A-310.40 Legislative reports
The Department shall prepare and submit to the Environmental Review Commission, concurrently with the report on the Inactive Hazardous Sites Response Act of 1987 required...
- § 130A-310.41 Reserved for future codification purposes
- § 130A-310.50 (Effective until December 31, 2017) Definitions
As used in this Part: (1) "Capture rate" means the annual removal, collection, and recovery of mercury switches as a percentage of the total number...
- § 130A-310.51 (For expiration date - see note) Purpose
The purpose of this Part is to reduce the quantity of mercury that is released into the environment by removing mercury switches from end‑of‑life vehicles...
- § 130A-310.52 (Effective until December 31, 2017) Mercury minimization plan
- § 130A-310.53 (Effective until December 31, 2017) Removal of mercury switches from end-of-life vehicles
(a) A vehicle recycler that conveys ownership of an end‑of‑life vehicle to a scrap metal recycling facility shall remove all mercury switches identified in the...
- § 130A-310.54 (Effective until December 31, 2017) Mercury Switch Removal Account
(a) The Mercury Pollution Prevention Account is established in the Department. Revenue is credited to the Account from the certificate of title fee under G.S....
- § 130A-310.55 Violations of Article; enforcement
(a) It is unlawful for a person to do any of the following: (1) Knowingly flatten, crush, bale, shred, or otherwise alter the condition of...
- § 130A-310.56 (Effective until December 31, 2017) Evaluation of vehicle design changes that affect mercury recyclability; reporting requirements
- § 130A-310.57 (Effective until December 31, 2017) Reports
The Department shall publish an annual report on the mercury minimization plan on or before November 1. The report shall include, at a minimum, all...
- § 130A-310.58 (For expiration date - see note) Adoption of rules; administrative procedure
(a) The Department may adopt rules to implement this Part. (b) Chapter 150B of the General Statutes governs implementation of this Part. (2005‑384, s. 1;...
Article 10 - North Carolina Drinking Water Act.
- § 130A-311 Short title
This Article shall be cited as the "North Carolina Drinking Water Act." (1979, c. 788, s. 1; 1983, c. 891, s. 2.)
- § 130A-312 Purpose
The purpose of this Article is to regulate water systems within the State which supply drinking water that may affect the public health. (1979, c....
- § 130A-313 Definitions
The following definitions shall apply throughout this Article: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency. (2) "Certified laboratory" means a...
- § 130A-314 Scope of the Article
(a) The provisions of this Article shall apply to each public water system in the State unless the public water system meets all of the...
- § 130A-315 Drinking water rules
(a) The Commission shall adopt and the Secretary shall enforce drinking water rules to regulate public water systems. The rules may distinguish between community water...
- § 130A-316 Department to examine waters
The Department shall examine all waters and their sources and surroundings which are used as, or proposed to be used as, sources of public water...
- § 130A-317 Department to provide advice; submission and approval of public water system plans
(a) The Department shall advise all persons and units of local government locating, constructing, altering or operating or intending to locate, construct, alter or operate...
- § 130A-318 Disinfection of public water systems
(a) The Department is authorized to require disinfection of: (1) Public water systems introduced on or after January 1, 1972; and (2) All public water...
- § 130A-319 Condemnation of lands for public water systems
All units of local government operating public water systems and all water companies operating under franchise from the State or units of local government, may...
- § 130A-320 Sanitation of watersheds; rules; inspections
(a) The Commission shall adopt rules governing the sanitation of watersheds from which public drinking water supplies are obtained. In adopting these rules the Commission...
- § 130A-321 Variances and exemptions; considerations; duration; condition; notice and hearing
(a) The Secretary may authorize variances from the drinking water rules. (1) The Secretary may grant one or more variances to a public water...
- § 130A-322 Imminent hazard; power of the Secretary
(a) The Secretary shall judge whether an imminent hazard exists concerning a present or potential condition in a public water system. (b) In order to...
- § 130A-323 Emergency plan for drinking water; emergency circumstances defined
(a) The Secretary shall develop and implement an adequate plan for the provision of drinking water under emergency circumstances. When the Secretary determines that emergency...
- § 130A-324 Notice of noncompliance; failure to perform monitoring; variances and exemptions
Whenever a public water system: (1) Is not in compliance with the drinking water rules; (2) Fails to perform an applicable testing procedure or monitoring...
- § 130A-325 Prohibited acts
The following acts are prohibited: (1) Failure by a supplier of water to comply with this Article, an order issued under this Article, or the...
- § 130A-326 Powers of the Secretary
To carry out the provisions of this Article, the Secretary is authorized to: (1) Administer and enforce the provisions of this Article, the drinking water...
- § 130A-327 Construction
This Article shall be interpreted as giving the State the authority needed to assume primary enforcement responsibility under the federal act. (1979, c. 788, s....
- § 130A-328 Public water system operating permit and permit fee
(a) No person shall operate a community or non transient non‑community water system who has not been issued an operating permit by the Department. A...
- § 130A-329 through 130A-332 Reserved for future codification purposes
Article 11 - Wastewater Systems.
- § 130A-333 Purpose
The General Assembly finds and declares that continued installation, at a rapidly and constantly accelerating rate, of septic tank systems and other types of wastewater...
- § 130A-334 Definitions
The following definitions shall apply throughout this Article: (1) "Construction" means any work at the site of placement done for the purpose of preparing a...
- § 130A-335 Wastewater collection, treatment and disposal; rules
(a) A person owning or controlling a residence, place of business or a place of public assembly shall provide an approved wastewater system. A wastewater...
- § 130A-335.1 Effluent filters and access devices for certain septic tank systems
(a) The person who manufactures, installs, repairs, or pumps any septic tank to be installed in this State as a part of a septic tank...
- § 130A-336 Improvement permit and authorization for wastewater system construction required
(a) Any proposed site for a residence, place of business, or place of public assembly in an area not served by an approved wastewater system...
- § 130A-337 Inspection; operation permit required
(a) No system of wastewater collection, treatment and disposal shall be covered or placed into use by any person until an inspection by the local...
- § 130A-338 Authorization for wastewater system construction required before other permits to be issued
Where construction, location or relocation is proposed to be done upon a residence, place of business or place of public assembly, no permit required for...
- § 130A-339 Limitation on electrical service
No person shall allow permanent electrical service to a residence, place of business or place of public assembly upon construction, location or relocation until the...
- § 130A-340 Review procedures and appeals
The Department, upon request by an applicant for an improvement permit, shall provide a technical review of any scientific data and system design submitted by...
- § 130A-341 Consideration of a site with existing fill
Upon application to the local health department, a site that has existing fill, including one on which fill material was placed prior to July 1,...
- § 130A-342 Residential wastewater treatment systems
(a) Individual residential wastewater treatment systems that are approved and listed in accordance with the standards adopted by the National Sanitation Foundation, Inc. for Class...
- § 130A-343 Approval of on-site subsurface wastewater systems
(a) Definitions. As used in this section: (1) "Accepted wastewater system" means any wastewater system, other than a conventional wastewater system, or any technology, device,...
- § 130A-343.1 Transfer of ownership of provisionally approved septic tanks and innovative septic tank systems to joint agency in certain counties; inspection fees in those counties
(a) As used in this section, "provisionally approved septic tank or innovative septic tank system" means a septic tank system located in soil that is...
- § 130A-344 Repealed by Session Laws 1995, c. 285, s. 2
- § 130A-345 Reserved for future codification purposes
Article 12 - Mosquito and Vector Control.
Article 13 - Nutrition.
Article 14 - Dental Health.
Article 15 - State Center for Health Statistics.
- § 130A-371 State Center for Health Statistics established
A State Center for Health Statistics is established within the Department. (1983, c. 891, s. 2.).
- § 130A-372 Definitions
The following definitions shall apply throughout this Article: (1) "Health data" means information relating to the health status of individuals, the availability of health resources...
- § 130A-373 Authority and duties
(a) The State Center for Health Statistics is authorized to: (1) Collect, maintain and analyze health data on: a. The extent, nature and impact of...
- § 130A-374 Security of health data
(a) Medical records of individual patients shall be confidential and shall not be public records open to inspection. The State Center for Health Statistics may...
- § 130A-375 through 130A-376 Reserved for future codification purposes
Article 16 - Postmortem Investigation and Disposition.
- § 130A-377 Establishment and maintenance of central and district offices
The Department shall establish and maintain a central office with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel,...
- § 130A-378 Qualifications and appointment of the Chief Medical Examiner
The Chief Medical Examiner shall be a forensic pathologist certified by the American Board of Pathology and licensed to practice medicine. The Chief Medical Examiner...
- § 130A-379 Duties of the Chief Medical Examiner
The Chief Medical Examiner shall perform postmortem medicolegal examinations as provided in this Part. The Chief Medical Examiner may, upon request, provide instruction in health...
- § 130A-380 The Chief Medical Examiner's staff
The Chief Medical Examiner may employ qualified pathologists to serve as Associate and Assistant Medical Examiners in the central and district offices. The Associate and...
- § 130A-381 Additional services and facilities
In order to provide proper facilities for investigating deaths as authorized in this Part, the Chief Medical Examiner may arrange for the use of existing...
- § 130A-382 County medical examiners; appointment; term of office; vacancies
One or more county medical examiners for each county shall be appointed by the Chief Medical Examiner for a three‑year term. County medical examiners shall...
- § 130A-383 Medical examiner jurisdiction
(a) Upon the death of any person resulting from violence, poisoning, accident, suicide or homicide; occurring suddenly when the deceased had been in apparent good...
- § 130A-384 Notification concerning out-of-state body
When a body is brought into this State for disposal and there is reason to believe either that the death was not investigated properly or...
- § 130A-385 Duties of medical examiner upon receipt of notice; reports; copies
(a) Upon receipt of a notification under G.S. 130A‑383, the medical examiner shall take charge of the body, make inquiries regarding the cause and manner...
- § 130A-386 Subpoena authority
The Chief Medical Examiner and the county medical examiners are authorized to issue subpoenas for the attendance of persons and for the production of documents...
- § 130A-387 Fees
For each investigation and prompt filing of the required report, the medical examiner shall receive a fee paid by the State. However, if the deceased...
- § 130A-388 Medical examiner's permission necessary before embalming, burial and cremation
(a) No person knowing or having reason to know that a death may be under the jurisdiction of the medical examiner pursuant to G.S. 130A‑383...
- § 130A-389 Autopsies
(a) If, in the opinion of the medical examiner investigating the case or of the Chief Medical Examiner, it is advisable and in the public...
- § 130A-389.1 Photographs and video or audio recordings made pursuant to autopsy
(a) Except as otherwise provided by law, any person may inspect and examine original photographs or video or audio recordings of an autopsy performed pursuant...
- § 130A-390 Exhumations
(a) In any case of death described in G.S. 130A‑383 or 130A‑384 where the body is buried without investigation by a medical examiner as to...
- § 130A-391 Corneal tissue removal
(a) A medical examiner or a regional pathologist may provide corneal tissue from a decedent under the jurisdiction of the medical examiner or the regional...
- § 130A-392 Reports and records as evidence
Reports of investigations made by a county medical examiner or by the Chief Medical Examiner and toxicology and autopsy reports made pursuant to this Part...
- § 130A-393 Rules
The Commission shall adopt rules to carry out the intent and purpose of this Part. (1967, c. 1154, s. 1; 1973, c. 476, s. 128;...
- § 130A-394 Coroner to hold inquests
In every case requiring the medical examiner to be notified, as provided by G.S. 130A‑383, the coroner shall be notified by the medical examiner, and...
- § 130A-395 Handling and transportation of bodies
(a) It shall be the duty of the physician licensed to practice medicine under Chapter 90 attending any person who dies and is known to...
- § 130A-396 through 130A-397 Reserved for future codification purposes
- § 130A-398 Limitation on right to perform autopsy
The right to perform an autopsy shall be limited to those cases in which: (1) The Chief Medical Examiner or a county medical examiner, acting...
- § 130A-399 Postmortem examination of inmates of certain public institutions
Upon the death of any inmate of an institution maintained by the State, or a city, county or other political subdivision of the State, for...
- § 130A-400 Written consent for postmortem examinations required
An administrator of an institution shall not authorize a postmortem examination described in G.S. 130A‑399 without first securing the written consent of the deceased person's...
- § 130A-401 Postmortem examinations in certain medical schools
The postmortem examinations and studies authorized by G.S. 130A‑399 may be made in the laboratories of medical schools of colleges and universities on conditions established...
- § 130A-402 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-403 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-404 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-405 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-406 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-407 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-408 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-409 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-410 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-411 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-412 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-412.1 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-412.2 Repealed by Session Laws 2007-538, s. 3(b), effective October 1, 2007
- § 130A-412.3 Short title
This Part may be cited as the Revised Uniform Anatomical Gift Act. (2007‑538, s. 1.)
- § 130A-412.4 Definitions
The following definitions apply in this Part: (1) "Adult" means an individual who is at least 18 years of age. (2) "Agent" means an individual:...
- § 130A-412.5 Applicability
This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (2007‑538, s. 1.)
- § 130A-412.6 Who may make an anatomical gift before donor's death
Subject to G.S. 130A‑412.10, an anatomical gift of a donor's body or body part may be made during the life of the donor for the...
- § 130A-412.7 Manner of making anatomical gift before donor's death
(a) A donor may make an anatomical gift by any of the following methods: (1) By authorizing that a statement or symbol be imprinted on...
- § 130A-412.8 Amending or revoking anatomical gift before donor's death
(a) Subject to G.S. 130A‑412.10, a donor or other person authorized to make an anatomical gift under G.S. 130A‑412.6 may amend or revoke an anatomical...
- § 130A-412.9 Refusal to make anatomical gift; effect of refusal
(a) An individual may refuse to make an anatomical gift of the individual's body or body part by: (1) A record signed by: a. The...
- § 130A-412.10 Preclusive effect of an anatomical gift, amendment, or revocation
(a) Except as otherwise provided in subsection (g) of this section and subject to subsection (f) of this section, in the absence of an express,...
- § 130A-412.11 Who may make an anatomical gift of decedent's body or body part
(a) Subject to subsections (b) and (c) of this section, and unless barred by G.S. 130A‑412.9 or G.S. 130A‑412.10, an anatomical gift of a decedent's...
- § 130A-412.12 Manner of making, amending, or revoking anatomical gift of decedent's body or body part
(a) A person authorized to make an anatomical gift under G.S. 130A‑412.11 may make an anatomical gift by a document of gift signed by the...
- § 130A-412.13 Persons that may receive anatomical gift; purpose of anatomical gift
(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school,...
- § 130A-412.14 Search and notification
(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document...
- § 130A-412.15 Delivery of document of gift not required; right to examine
(a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person...
- § 130A-412.16 Rights and duties of procurement organization and others
(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records...
- § 130A-412.17 Coordination of procurement and use
Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (2007‑538, s.
- § 130A-412.18 Sale or purchase of body parts prohibited
(a) Except as otherwise provided in subsection (b) of this section, a person, that for valuable consideration, knowingly purchases or sells a body part for...
- § 130A-412.19 Other prohibited acts
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation...
- § 130A-412.20 Immunity
(a) A person that acts with due care in accordance with this Part or with the applicable anatomical gift law of another state, or attempts...
- § 130A-412.21 Law governing validity; choice of law as to execution of document of gift; presumption of validity
(a) A document of gift is valid if executed in accordance with: (1) This Part; (2) The laws of the state or country where it...
- § 130A-412.22 Donor registry
The online Organ Donor Registry Internet site established pursuant to G.S. 20‑43.2 shall be the State donor registry for anatomical gifts made pursuant to this...
- § 130A-412.23 Cooperation between a medical examiner and the procurement organization
(a) The medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or...
- § 130A-412.24 Facilitation of anatomical gift from decedent whose body is under the jurisdiction of a medical examiner
(a) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information, and available medical and social...
- § 130A-412.25 Reserved for future codification purposes
- § 130A-412.26 Reserved for future codification purposes
- § 130A-412.27 Reserved for future codification purposes
- § 130A-412.28 Reserved for future codification purposes
- § 130A-412.29 Reserved for future codification purposes
- § 130A-412.30 Use of tissue declared a service; standard of care; burden of proof
The procurement, processing, distribution or use of whole blood, plasma, blood products, blood derivatives and other human tissues such as corneas, bones or organs for...
- § 130A-412.31 Giving of blood by persons 17 years of age or more
A person who is 17 years of age or more may give or donate blood to an individual, hospital, blood bank or blood collection center...
- § 130A-412.32 Duty of hospitals to establish organ procurement protocols
(a) In order to facilitate the goals of this Part, each hospital shall establish written protocols that: (1) Require that only the organ procurement organization...
- § 130A-412.33 Duty of designated organ procurement organizations and tissue banks
(a) After notification regarding an impending brain death, brain death, or cardiac death has been made to the federally designated organ procurement organization, the federally...
- § 130A-413 Coordinated human tissue donation program; legislative findings and purpose; program established
(a) The General Assembly finds that there is an increasing need for human tissues for transplantation purposes; that there is a continuing need for human...
- § 130A-414 Repealed by Session Laws 1987, c. 719, s. 2
- § 130A-415 Unclaimed bodies; bodies claimed by the Lifeguardianship Council of the Association for Retarded Citizens of North Carolina; disposition
(a) Any person, including officers, employees and agents of the State or of any unit of local government in the State, undertakers doing business within...
- § 130A-416 Commission of Anatomy rules
The Commission of Anatomy is authorized to adopt rules necessary to implement the provisions of this Part. (1983, c. 891, s. 2.)
- § 130A-417 Definitions
The following definitions shall apply throughout this Part: (1) "Dependent" means child, grandchild, spouse or parent of a migrant agricultural worker who moves with the...
- § 130A-418 Deceased migrant agricultural workers and their dependents
(a) Notwithstanding any other provisions of law, a person having knowledge of the death of a migrant agricultural worker or a worker's dependent shall without...
- § 130A-419 Reserved for future codification purposes
- § 130A-420 Authority to dispose of body or body parts
(a) An individual at least 18 years of age may authorize the type, place, and method of disposition of the individual's own dead body by...
- § 130A-421 Reserved for future codification purposes
Article 17 - Childhood Vaccine-Related Injury Compensation Program.
- § 130A-422 Definitions
The following definitions apply throughout this Article, unless the context clearly implies otherwise: (1) "Claimant" means any person who files a claim for compensation for...
- § 130A-423 North Carolina Childhood Vaccine-Related Injury Compensation Program; exclusive remedy; relationship to federal law; subrogation
(a) There is established the North Carolina Childhood Vaccine‑Related Injury Compensation Program. (b) The rights and remedies granted the claimant, the claimant's parent, guardian ad...
- § 130A-424 Industrial Commission authorized to hear and determine claims; damages
The North Carolina Industrial Commission is authorized to hear and pass upon all claims filed pursuant to this Article. The members of the Commission, or...
- § 130A-425 Filing of claims
(a) Notwithstanding any other provision of State law, no action for compensation for a vaccine‑related injury may be filed against any person unless that person...
- § 130A-426 Determination of claims
(a) The Commission shall determine, on the basis of the evidence presented to it, the following issues: (1) Whether any injuries alleged in the claim...
- § 130A-427 Commission awards for vaccine-related injuries; duties of Secretary
(a) Upon determining that a claimant has sustained a vaccine‑related injury, the Commission shall make an award providing compensation or services for any or all...
- § 130A-428 Notice of determination of claim; appeal to full commission
(a) Decisions of the Commission pursuant to G.S. 130A‑427 shall be final and binding on the claimant and each respondent. (b) Notwithstanding subsection (a), upon...
- § 130A-429 Limitation on claims
(a) Except as provided in subsection (b) of this section, any claim under this Article that is filed more than six years after the administration...
- § 130A-430 Right of State to bring action against health care provider and manufacturer
(a) If the Industrial Commission makes an award for a claimant who it determines has sustained a vaccine‑related injury, the State may, within two years...
- § 130A-431 Certain vaccine diversions made felony
Any person who (i) receives a vaccine designated by the manufacturer for use in the State, (ii) directly or indirectly diverts the vaccine to a...
- § 130A-432 Scope
This Article applies to all claims for vaccine‑related injuries occurring on and after October 1, 1986 and, at the option of the claimant, to claims...
- § 130A-433 Contracts for purchase of vaccines; distribution; fee; rules
(a) Notwithstanding any law to the contrary, the Secretary may enter into contracts with the manufacturers and suppliers of covered vaccines and with other public...
- § 130A-434 Child Vaccine Injury Compensation Fund established; payments from Fund; transfer of appropriations and receipts
(a) There is established the Child Vaccine Injury Compensation Fund within the Department to finance the North Carolina Childhood Vaccine‑Related Injury Compensation Program created by...
- § 130A-435 through 130A-439 Reserved for future codification purposes
Article 18 - Health Assessments for Kindergarten Children in the Public Schools.
- § 130A-440 Health assessment required
(a) Every child in this State entering kindergarten in the public schools shall receive a health assessment. The health assessment shall be made no more...
- § 130A-440.1 Early Childhood Vision Care
(a) Vision Screening Required for Children Entering Kindergarten. Every child in this State entering kindergarten in the public schools, beginning with the 2007‑2008 school year,...
- § 130A-441 Reporting
(a) Health assessment results shall be submitted to the school principal by the medical provider on health assessment transmittal forms developed by the Department and...
- § 130A-442 Religious exemption
If the bona fide religious beliefs of the parent, guardian or person in loco parentis of a child are contrary to the health assessment requirements...
- § 130A-443 Rules
Rules governing the contents for health assessment reports, the procedure for reporting under this Article, and those persons authorized to inspect the files shall be...
Article 19 - Asbestos Hazard Management.
Article 19A - Lead-Based Paint Hazard Management Program
- § 130A-453.01 Definitions
Unless otherwise required by the context, the definitions set out in 40 Code of Federal Regulations 745.223 (As set out in Vol. 61, No. 169,...
- § 130A-453.02 Purpose of Article
(a) This Article is enacted to establish an authorized State program under section 404 of the Toxic Substances Control Act (15 U.S.C. 2684), as enacted...
- § 130A-453.03 Certification of individuals who perform inspections, risk assessments, or abatements
(a) Requirement. An individual shall not perform or offer to perform an inspection, risk assessment, or abatement of target housing or a child‑occupied facility unless...
- § 130A-453.04 Certification and other requirements of firms that perform inspections, risk assessments, or abatements
A firm or other entity shall not perform or offer to perform an inspection, risk assessment, or abatement of target housing or a child‑occupied facility...
- § 130A-453.05 Qualifications for certification of individuals and firms
To be certified under this Article, a person must meet the qualification requirements set by the Commission. Qualification requirements include education, training, experience, the successful...
- § 130A-453.06 Renewal of certification
A certification of an individual or a firm issued under this Article expires on the last day of the 12th month after the certification is...
- § 130A-453.07 Accreditation of training courses and training providers
Completion of a training course on inspection, risk assessment, or abatement does not satisfy a training requirement that is a condition for certification under this...
- § 130A-453.08 Certification and accreditation fee schedule
(a) The Commission shall establish fees for the items listed in the table below. A fee for an item may not exceed the maximum amount...
- § 130A-453.09 Abatement permits
(a) Requirement. No person shall conduct an abatement of target housing or a child‑occupied facility unless the person has obtained a permit for the abatement...
- § 130A-453.10 Standards to ensure elimination of hazards; consumer information
(a) Standards. The Commission shall establish standards to ensure that inspections, risk assessments, and abatements performed under this Article result in the elimination of lead‑based...
- § 130A-453.11 Commission to adopt rules
The Commission shall adopt rules to implement this Article. (1997‑523, s. 1.)
- § 130A-454 Reserved for future codification purposes
Article 20 - Occupational Health.
- § 130A-455 Reportable diseases, illnesses, and injuries
The Commission shall adopt rules establishing a list of serious and preventable occupational injuries that occur while working on a farm, and serious and preventable...
- § 130A-456 Physicians to report
A physician licensed to practice medicine in this State who treats a person for an occupational injury that occurred while working on a farm or...
- § 130A-457 Medical facilities to report
A medical facility in which there is a patient who has an occupational injury that occurred while working on a farm, or an occupational disease,...
- § 130A-458 Persons in charge of laboratories to report
A person in charge of a laboratory providing diagnostic service in this State shall report to the Department laboratory findings related to occupational diseases and...
- § 130A-459 Immunity of persons who report
A person who in good faith makes a report pursuant to the provisions of this Article shall be immune from any civil liability that might...
- § 130A-460 Report to Department of Labor
(a) Each report to the Department pursuant to the Article shall be evaluated for its potential indication of an exposure to a health hazard. If...
- § 130A-461 through 130A-464 Reserved for future codification purposes
Article 21 - Advance Health Care Directive Registry.
Article 22 - A Terrorist Incident Using Nuclear, Biological, or Chemical Agents.
- § 130A-475 Suspected terrorist attack
(a) If the State Health Director reasonably suspects that a public health threat may exist and that the threat may have been caused by a...
- § 130A-476 Access to health information
(a) Notwithstanding any other provision of law, a health care provider, a person in charge of a health care facility, or a unit of State...
- § 130A-477 Abatement of public health threat
If it is determined that a public health threat may exist because of the contamination of property caused by a terrorist incident using nuclear, biological,...
- § 130A-478 Tort liability
Article 31 of Chapter 143 applies to negligent acts committed by any officer, employee, involuntary servant or agent of the State acting pursuant to this...
- § 130A-479 Biological agents registry; rules; penalties
(a) The Department shall establish and administer a program for the registration of biological agents. The biological agents registry shall identify the biological agents possessed...
- § 130A-480 Emergency department data reporting
(a) For the purpose of ensuring the protection of the public health, the State Health Director shall develop a syndromic surveillance program for hospital emergency...
- § 130A-481 Food defense
The Department of Agriculture and Consumer Services, Department of Environment and Natural Resources, and Department of Health and Human Services shall jointly develop a plan...
- § 130A-482 Reserved for future codification purposes
- § 130A-483 Reserved for future codification purposes
- § 130A-484 Reserved for future codification purposes
- § 130A-485 Vaccination program established; definitions
(a) The Department and local health departments shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to...
- § 130A-486 through 130A-490 Reserved for future codification purposes
Article 23 - Smoking in Public Places.
- § 130A-491 Legislative intent
It is the intent of the General Assembly to protect the health of individuals working in or visiting State government buildings from the risks related...
- § 130A-492 Definitions
The following definitions apply in this Article: (1) "Smoking". The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted...
- § 130A-493 Smoking in State government buildings prohibited
(a) Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State‑controlled buildings, smoking is prohibited inside State government buildings as provided in...
- § 130A-494 Other prohibitions
Nothing in this Article repeals any other law prohibiting smoking, nor does it limit any law allowing regulation or prohibition of smoking on walkways or...
- § 130A-495 Rules
The Commission shall adopt rules to implement this Part. (2007‑193, s. 1.)
- § 130A-496 Reserved for future codification purposes
- § 130A-497 Reserved for future codification purposes
- § 130A-498 Local governments may restrict smoking in public places
(a) Notwithstanding any other provision of Article 64 of Chapter 143 of the General Statutes to the contrary, a local government may adopt an ordinance,...
