North Carolina SB 489: Mental Health Law Change.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 625
SENATE BILL 489

AN ACT TO CHANGE THE MENTAL HEALTH LAW TO REFLECT THE
INCORPORATION OF DEVELOPMENTAL DISABILITIES.

The General Assembly of North Carolina enacts:

Section 1. The title of Chapter 122C of the General Statutes reads as
rewritten:
"Chapter 122C.
"Mental Health, Mental Retardation, Developmental Disabilities,
and
Substance Abuse Act of 1985."
Sec. 2. Article 1 of Chapter 122C of the General Statutes, as amended by
Section 8 of Chapter 141, Session Laws of 1989, and as amended by Section 1 of
Chapter 223, Session Laws of 1989, reads as rewritten:
"ARTICLE 1.
"General Provisions.
"§ 122C-1. Short title.
This Chapter may be cited as the Mental Health, Mental Retardation, Developmental
Disabilities, and Substance Abuse Act of 1985.
"§ 122C-2. Policy.
The policy of the State is to assist individuals with mental illness, mental retardation,
developmental disabilities, and substance abuse problems in ways consistent with the
dignity, rights, and responsibilities of all North Carolina citizens. Within available
resources it is the obligation of State and local government to provide services to
eliminate, reduce, or prevent the disabling effects of mental illness, mental retardation,
developmental disabilities, and substance abuse through a service delivery system
designed to meet the needs of clients in the least restrictive available setting, if the least
restrictive setting is therapeutically most appropriate, and to maximize their quality of
life.
State and local governments shall develop and maintain a unified system of services
centered in area programs. The public service system will strive to provide a continuum
of services for clients while considering the availability of services in the private sector.
The furnishing of services to implement the policy of this section requires the
cooperation and financial assistance of counties, the State, and the federal government.
"§ 122C-3. Definitions.
As used in this Chapter, unless another meaning is specified or the context clearly
requires otherwise, the following terms have the meanings specified:

Page 2 S.L. 1989-625 Senate Bill 489
(1) 'Area authority' means the area mental health, mental retardation,
developmental disabilities, and substance abuse authority.
(2) 'Area board' means the area mental health, mental retardation,
developmental disabilities, and substance abuse board.
(3) 'Camp Butner reservation' means the original Camp Butner reservation
as may be designated by the Secretary as having been acquired by the
State and includes not only areas which are owned and occupied by the
State but also those which may have been leased or otherwise disposed
of by the State.
(4) 'City' has the same meaning as in G.S. 153A-1(1).
(5) 'Catchment area' means the geographic part of the State served by a
specific area authority.
(6) 'Client' means an individual who is admitted to and receiving service
from, or who in the past had been admitted to and received services
from, a facility.
(7) 'Client advocate' means a person whose role is to monitor the
protection of client rights or to act as an individual advocate on behalf
of a particular client in a facility.
(8) 'Commission' means the Commission for Mental Health, Mental
Retardation, Developmental Disabilities, and Substance Abuse
Services, established under Part 4 of Article 3 of Chapter 143B of the
General Statutes.
(9) 'Confidential information' means any information, whether recorded or
not, relating to an individual served by a facility that was received in
connection with the performance of any function of the facility.
'Confidential information' does not include statistical information from
reports and records or information regarding treatment or services
which is shared for training, treatment, habilitation, or monitoring
purposes that does not identify clients either directly or by reference to
publicly known or available information.
(10) 'County of residence' of a client means the county of his domicile at
the time of his admission or commitment to a facility. A county of
residence is not changed because an individual is temporarily out of
his county in a facility or otherwise.
(11) 'Dangerous to himself or others' means:
a. 'Dangerous to himself' means that within the recent past:
1. The individual has acted in such a way as to show:
I. That he would be unable, without care,
supervision, and the continued assistance of
others not otherwise available, to exercise self-
control, judgment, and discretion in the conduct
of his daily responsibilities and social relations, or
to satisfy his need for nourishment, personal or

Senate Bill 489 S.L. 1989-625 Page 3
medical care, shelter, or self-protection and
safety; and
II. That there is a reasonable probability of his
suffering serious physical debilitation within the
near future unless adequate treatment is given
pursuant to this Chapter. A showing of behavior
that is grossly irrationa