Chapter 122C

262 published sections.

Article 1 - General Provisions

N.C.G.S. § 122C-1 — Short title.
N.C.G.S. § 122C-2 — Policy.
N.C.G.S. § 122C-3 — Definitions.
N.C.G.S. § 122C-4 — Use of phrase "client or the legally responsible person".
N.C.G.S. § 122C-5 — Report on restraint and seclusion.
N.C.G.S. § 122C-6 — Smoking prohibited; penalty.

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

N.C.G.S. § 122C-10 — (This article has a contingent effective date - see note) MH/DD/SA Consumer Advocacy Program.
N.C.G.S. § 122C-11 — (This article has a contingent effective date - see notes) MH/DD/SA Consumer Advocacy Program/definitions.
N.C.G.S. § 122C-12 — (This article has a contingent effective date - see note) State MH/DD/SA Consumer Advocacy Program.
N.C.G.S. § 122C-13 — (This article has a contingent effective date - see note) State Consumer Advocate duties.
N.C.G.S. § 122C-14 — (This article has a contingent effective date - see note) Local Consumer Advocate; duties.
N.C.G.S. § 122C-15 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; authority to enter; communication with residents, clients, patients; review of records.
N.C.G.S. § 122C-16 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; resolution of complaints.
N.C.G.S. § 122C-17 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; confidentiality.
N.C.G.S. § 122C-18 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; retaliation prohibited.
N.C.G.S. § 122C-19 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; immunity from liability.
N.C.G.S. § 122C-20 — (This Article has a contingent effective date - see note) State/Local Consumer Advocate; penalty for willful interference.

Article 1B - Transitions to Community Living

N.C.G.S. § 122C-20.5 — Definitions.
N.C.G.S. § 122C-20.6 — Department to establish statewide supportive housing program for individuals transitioning into community living; purpose.
N.C.G.S. § 122C-20.7 — Administration of housing subsidies for supportive housing.
N.C.G.S. § 122C-20.8 — Eligibility requirements for NC Supportive Housing Program.
N.C.G.S. § 122C-20.9 — In-reach activities for supportive housing.
N.C.G.S. § 122C-20.10 — Allocation of supportive housing slots to LME/MCOs.
N.C.G.S. § 122C-20.11 — Transition of program participants into housing slots.
N.C.G.S. § 122C-20.12 — Transition services.
N.C.G.S. § 122C-20.13 — Tenancy support services.
N.C.G.S. § 122C-20.14 — Approval of landlords and housing units.
N.C.G.S. § 122C-20.15 — Annual reporting on NC Supportive Housing Program.
N.C.G.S. § 122C-20.16 — NC Supportive Housing Program not an entitlement.

Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders

N.C.G.S. § 122C-21 — Purpose.
N.C.G.S. § 122C-22 — Exclusions from licensure; deemed status.
N.C.G.S. § 122C-23 — Licensure.
N.C.G.S. § 122C-23.1 — Licensure of residential treatment facilities.
N.C.G.S. § 122C-24 — Adverse action on a license.
N.C.G.S. § 122C-24.1 — Penalties; remedies.
N.C.G.S. § 122C-24.2 — Regulatory oversight reporting.
N.C.G.S. § 122C-25 — Inspections; confidentiality.
N.C.G.S. § 122C-26 — Powers of the Commission.
N.C.G.S. § 122C-27 — Powers of the Secretary.
N.C.G.S. § 122C-27.5 — Waiver of rules and increase in bed capacity during an emergency.
N.C.G.S. § 122C-28 — Penalties.
N.C.G.S. § 122C-28.1 — Facilities in violation of this Article.
N.C.G.S. § 122C-29 — Injunction.
N.C.G.S. § 122C-30 — Peer review committee; immunity from liability; confidentiality.
N.C.G.S. § 122C-31 — Report required upon death of client.
N.C.G.S. § 122C-32 — Patient visitation rights for residents of residential treatment facilities.
N.C.G.S. § 122C-35 — (Effective once contingency met – see note) Licensure of opioid treatment program medication units and opioid treatment program mobile units.

Article 3 - Clients' Rights and Advance Instruction

N.C.G.S. § 122C-51 — Declaration of policy on clients' rights.
N.C.G.S. § 122C-52 — Right to confidentiality.
N.C.G.S. § 122C-53 — Exceptions; client.
N.C.G.S. § 122C-54 — Exceptions; abuse reports and court proceedings.
N.C.G.S. § 122C-55 — Exceptions; care and treatment.
N.C.G.S. § 122C-56 — Exceptions; research and planning.
N.C.G.S. § 122C-56.1 — Exceptions; security recordings.
N.C.G.S. § 122C-57 — Right to treatment and consent to treatment.
N.C.G.S. § 122C-58 — Civil rights and civil remedies.
N.C.G.S. § 122C-59 — Use of corporal punishment.
N.C.G.S. § 122C-60 — Use of physical restraints or seclusion.
N.C.G.S. § 122C-61 — Treatment rights in 24-hour facilities.
N.C.G.S. § 122C-62 — Additional rights in 24-hour facilities.
N.C.G.S. § 122C-63 — Assurance for continuity of care for individuals with intellectual disabilities.
N.C.G.S. § 122C-64 — Client rights and human rights committees.
N.C.G.S. § 122C-65 — Offenses relating to clients.
N.C.G.S. § 122C-66 — Protection from abuse and exploitation; reporting.
N.C.G.S. § 122C-67 — Other rules regarding abuse, exploitation, neglect not prohibited.
N.C.G.S. § 122C-71 — Purpose.
N.C.G.S. § 122C-72 — Definitions.
N.C.G.S. § 122C-73 — Scope, use, and authority of advance instruction for mental health treatment.
N.C.G.S. § 122C-74 — Effectiveness and duration; revocation.
N.C.G.S. § 122C-75 — Reliance on advance instruction for mental health treatment.
N.C.G.S. § 122C-76 — Penalty.
N.C.G.S. § 122C-77 — Statutory form for advance instruction for mental health treatment.

Article 3A - Miscellaneous Provisions

N.C.G.S. § 122C-80 — Criminal history record check required for certain applicants for employment.
N.C.G.S. § 122C-81 — National accreditation benchmarks.

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

N.C.G.S. § 122C-101 — Policy.
N.C.G.S. § 122C-102 — State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services; system performance measures.
N.C.G.S. § 122C-111 — Administration.
N.C.G.S. § 122C-112.1 — Powers and duties of the Secretary.
N.C.G.S. § 122C-113 — Cooperation between Secretary and other agencies.
N.C.G.S. § 122C-114 — Powers and duties of the Commission.
N.C.G.S. § 122C-115 — Duties of counties; appropriation and allocation of funds by counties and cities.
N.C.G.S. § 122C-115.1 — County governance and operation of mental health, developmental disabilities, and substance abuse services program.
N.C.G.S. § 122C-115.4 — Functions of local management entities.
N.C.G.S. § 122C-115.5 — Alignment of counties with an area authority.
N.C.G.S. § 122C-115.6 — Transfer of area authority fund balance upon county realignment.
N.C.G.S. § 122C-115.7 — Children and families specialty plan operation.
N.C.G.S. § 122C-116 — Status of area authority; status of consolidated human services agency.
N.C.G.S. § 122C-117 — Powers and duties of the area authority.
N.C.G.S. § 122C-118.1 — Structure of area board.
N.C.G.S. § 122C-118.2 — Establishment of county commissioner advisory board.
N.C.G.S. § 122C-119 — Organization of area board.
N.C.G.S. § 122C-119.1 — Area Authority board members' training.
N.C.G.S. § 122C-120 — Compensation of area board members.
N.C.G.S. § 122C-121 — Area director.
N.C.G.S. § 122C-121.1 — Area authority key personnel.
N.C.G.S. § 122C-123 — Other agency responsibility.
N.C.G.S. § 122C-123.1 — Area authority reimbursement to State for disallowed expenditures.
N.C.G.S. § 122C-124.2 — Actions by the Secretary to ensure effective management of behavioral health services under the 1915(b)/(c) Medicaid Waiver.
N.C.G.S. § 122C-124.3 — Actions by the Secretary in response to county concerns.
N.C.G.S. § 122C-125.3 — LME/MCO solvency; corrective action plan.
N.C.G.S. § 122C-126.1 — Confidentiality of competitive health care information.
N.C.G.S. § 122C-127 — Consolidated human services board; human services director.
N.C.G.S. § 122C-131 — Composition of system.
N.C.G.S. § 122C-141 — Provision of services.
N.C.G.S. § 122C-142 — Contract for services.
N.C.G.S. § 122C-142.1 — Substance abuse services for those convicted of driving while impaired or driving while less than 21 years old after consuming alcohol or drugs.
N.C.G.S. § 122C-142.2 — Presence at a hospital for mental health treatment; assessment and placement upon discharge of juvenile in department of social services custody.
N.C.G.S. § 122C-143.1 — Policy guidance.
N.C.G.S. § 122C-144.1 — Budget format and reports.
N.C.G.S. § 122C-146 — Uniform co-payment schedule.
N.C.G.S. § 122C-147 — Financing and title of area authority property.
N.C.G.S. § 122C-147.1 — Appropriations and allocations.
N.C.G.S. § 122C-147.2 — Purchase of services and reimbursement rates.
N.C.G.S. § 122C-151 — Responsibilities of those receiving appropriations.
N.C.G.S. § 122C-151.2 — Appeal by area authorities and county programs.
N.C.G.S. § 122C-151.3 — Dispute with area authorities or county programs.
N.C.G.S. § 122C-151.4 — Appeal to State MH/DD/SA Appeals Panel.
N.C.G.S. § 122C-152 — Liability insurance and waiver of immunity as to torts of agents, employees, and board members.
N.C.G.S. § 122C-153 — Defense of agents, employees, and board members.
N.C.G.S. § 122C-154 — Personnel.
N.C.G.S. § 122C-155 — Supervision of services.
N.C.G.S. § 122C-156 — Salary plan for employees of the area authority.
N.C.G.S. § 122C-157 — Establishment of a professional reimbursement policy.
N.C.G.S. § 122C-158 — Privacy of personnel records.
N.C.G.S. § 122C-170 — Local Consumer and Family Advisory Committees.
N.C.G.S. § 122C-171 — State Consumer and Family Advisory Committee.
N.C.G.S. § 122C-181 — Secretary's jurisdiction over State facilities.
N.C.G.S. § 122C-182 — Authority to contract with area authorities.
N.C.G.S. § 122C-183 — Appointment of employees as police officers who may arrest without warrant.
N.C.G.S. § 122C-184 — Oath of special police officers.
N.C.G.S. § 122C-185 — Application of funds belonging to State facilities.
N.C.G.S. § 122C-186 — General Assembly visitors of State facilities.
N.C.G.S. § 122C-191 — Quality of services.
N.C.G.S. § 122C-192 — Review and protection of information.

Article 5 - Procedures for Admission and Discharge of Clients

N.C.G.S. § 122C-201 — Declaration of policy.
N.C.G.S. § 122C-202 — Applicability of Article.
N.C.G.S. § 122C-202.1 — Hospital privileges.
N.C.G.S. § 122C-202.2 — LME/MCO community crisis services plan; commitment examiners; transporting agencies; training; collaboration.
N.C.G.S. § 122C-203 — Admission or commitment and incompetency proceedings to have no effect on one another.
N.C.G.S. § 122C-204 — Civil liability for corruptly attempting admission or commitment.
N.C.G.S. § 122C-205 — Return of clients to 24-hour facilities.
N.C.G.S. § 122C-205.1 — Discharge of clients who escape or breach the condition of release.
N.C.G.S. § 122C-206 — Transfers of clients between 24-hour facilities; transfer of clients from 24-hour facilities to acute care hospitals.
N.C.G.S. § 122C-207 — Confidentiality.
N.C.G.S. § 122C-208 — Voluntary admission not admissible in involuntary proceeding.
N.C.G.S. § 122C-209 — Voluntary admissions acceptance.
N.C.G.S. § 122C-210 — Guardian to pay expenses out of estate.
N.C.G.S. § 122C-210.1 — Immunity from liability.
N.C.G.S. § 122C-210.2 — Research at State facilities for the mentally ill.
N.C.G.S. § 122C-210.3 — Electronic and facsimile transmission of custody orders.
N.C.G.S. § 122C-211 — Admissions.
N.C.G.S. § 122C-212 — Discharges.
N.C.G.S. § 122C-216 — Voluntary admission of individuals determined to be incapable.
N.C.G.S. § 122C-217 — Discharge of individuals determined to be incapable.
N.C.G.S. § 122C-221 — Admissions.
N.C.G.S. § 122C-222 — Admissions to State facilities.
N.C.G.S. § 122C-223 — Emergency admission to a 24-hour facility.
N.C.G.S. § 122C-224 — Judicial review of voluntary admission.
N.C.G.S. § 122C-224.1 — Duties of clerk of court.
N.C.G.S. § 122C-224.2 — Duties of the attorney for the minor.
N.C.G.S. § 122C-224.3 — Hearing for review of admission.
N.C.G.S. § 122C-224.4 — Rehearings.
N.C.G.S. § 122C-224.5 — Transportation.
N.C.G.S. § 122C-224.6 — Treatment pending hearing and after authorization for or concurrence in admission.
N.C.G.S. § 122C-224.7 — Discharge.
N.C.G.S. § 122C-230 — Applicability of Part 4.
N.C.G.S. § 122C-231 — Admissions.
N.C.G.S. § 122C-232 — Judicial determination.
N.C.G.S. § 122C-233 — Discharges.
N.C.G.S. § 122C-241 — Admissions.
N.C.G.S. § 122C-242 — Discharges.
N.C.G.S. § 122C-251 — Custody and transportation.
N.C.G.S. § 122C-252 — Twenty-four hour facilities for custody and treatment of involuntary clients.
N.C.G.S. § 122C-253 — Fees under commitment order.
N.C.G.S. § 122C-254 — Housing responsibility for certain clients in or escapees from involuntary commitment.
N.C.G.S. § 122C-255 — Report required.
N.C.G.S. § 122C-256 — Capacity restoration pilot programs.
N.C.G.S. § 122C-261 — Affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary; custody order.
N.C.G.S. § 122C-262 — Special emergency procedure for individuals needing immediate hospitalization.
N.C.G.S. § 122C-263 — Duties of law enforcement officer; first examination.
N.C.G.S. § 122C-263.1 — Secretary's authority to certify commitment examiners; training of certified commitment examiners performing first examinations.
N.C.G.S. § 122C-263.2 — Mental health crisis management: reasonable safety and containment measures.
N.C.G.S. § 122C-264 — Duties of clerk of superior court and the district attorney.
N.C.G.S. § 122C-265 — Outpatient commitment; examination and treatment pending hearing.
N.C.G.S. § 122C-266 — (Effective until December 1, 2027) Inpatient commitment; second examination and treatment pending hearing.
N.C.G.S. § 122C-267 — Outpatient commitment; district court hearing.
N.C.G.S. § 122C-268 — Inpatient commitment; district court hearing.
N.C.G.S. § 122C-268.1 — Inpatient commitment; hearing following automatic commitment.
N.C.G.S. § 122C-269 — Venue of hearing when respondent held at a 24-hour facility pending hearing.
N.C.G.S. § 122C-270 — Attorneys to represent the respondent and the State.
N.C.G.S. § 122C-271 — Disposition.
N.C.G.S. § 122C-272 — Appeal.
N.C.G.S. § 122C-273 — Duties for follow-up on commitment order.
N.C.G.S. § 122C-274 — Supplemental hearings.
N.C.G.S. § 122C-275 — Outpatient commitment; rehearings.
N.C.G.S. § 122C-276 — Inpatient commitment; rehearings for respondents other than insanity acquittees.
N.C.G.S. § 122C-276.1 — Inpatient commitment; rehearings for respondents who are insanity acquittees.
N.C.G.S. § 122C-277 — Release and conditional release; judicial review.
N.C.G.S. § 122C-278 — Reexamination for capacity to proceed prior to discharge.
N.C.G.S. § 122C-281 — Affidavit and petition before clerk or magistrate; custody order.
N.C.G.S. § 122C-282 — Special emergency procedure for violent individuals.
N.C.G.S. § 122C-283 — Duties of law enforcement officer; first examination by commitment examiner.
N.C.G.S. § 122C-284 — Duties of clerk of superior court.
N.C.G.S. § 122C-285 — Commitment; second examination and treatment pending hearing.
N.C.G.S. § 122C-286 — Commitment; district court hearing.
N.C.G.S. § 122C-286.1 — Venue of district court hearing when respondent held at a 24-hour facility pending hearing.
N.C.G.S. § 122C-287 — Disposition.
N.C.G.S. § 122C-288 — Appeal.
N.C.G.S. § 122C-289 — Duty of assigned counsel; discharge.
N.C.G.S. § 122C-290 — Duties for follow-up on commitment order.
N.C.G.S. § 122C-291 — Supplemental hearings.
N.C.G.S. § 122C-292 — Rehearings.
N.C.G.S. § 122C-293 — Release by area facility or physician.
N.C.G.S. § 122C-294 — Local plan and data submission.
N.C.G.S. § 122C-301 — Assistance to an individual who is intoxicated in public; procedure for commitment to shelter or facility.
N.C.G.S. § 122C-302 — Cities and counties may employ officers to assist intoxicated individuals.
N.C.G.S. § 122C-303 — Use of jail for care for intoxicated individual.
N.C.G.S. § 122C-311 — Individuals on parole.
N.C.G.S. § 122C-312 — Voluntary admissions and discharges of inmates of the Division of Prisons of the Department of Adult Correction.
N.C.G.S. § 122C-313 — Inmate becoming mentally ill and dangerous to himself or others.
N.C.G.S. § 122C-321 — Voluntary admissions and discharges.
N.C.G.S. § 122C-322 — Involuntary commitments.
N.C.G.S. § 122C-331 — Voluntary admissions and discharges.
N.C.G.S. § 122C-332 — Involuntary commitments.
N.C.G.S. § 122C-333 — Order of another state.
N.C.G.S. § 122C-341 — Determination of residence.
N.C.G.S. § 122C-342 — Voluntary admissions and discharges.
N.C.G.S. § 122C-343 — Involuntary commitments.
N.C.G.S. § 122C-344 — Citizens of other countries.
N.C.G.S. § 122C-345 — Return of a non-State resident client to his resident state.
N.C.G.S. § 122C-346 — Authority of the Secretary to enter reciprocal agreements.
N.C.G.S. § 122C-347 — Return of North Carolina resident clients from other states.
N.C.G.S. § 122C-348 — Residency not affected.
N.C.G.S. § 122C-361 — Compact entered into; form of Compact.
N.C.G.S. § 122C-362 — Compact Administrator.
N.C.G.S. § 122C-363 — Supplementary agreements.
N.C.G.S. § 122C-364 — Financial arrangements.
N.C.G.S. § 122C-365 — Transfer of clients.
N.C.G.S. § 122C-366 — Transmittal of copies of Part.

Article 6 - Special Provisions

N.C.G.S. § 122C-401 — Use of Camp Butner Hospital authorized.
N.C.G.S. § 122C-402 — Application of State highway and motor vehicle laws at State institutions on Camp Butner reservation.
N.C.G.S. § 122C-403 — Secretary's authority over Camp Butner reservation.
N.C.G.S. § 122C-405 — Procedure applicable to rules.
N.C.G.S. § 122C-406 — Violations made misdemeanor.
N.C.G.S. § 122C-407 — Water and sewer system.
N.C.G.S. § 122C-408 — Former Butner Public Safety Authority; jurisdiction; fire and police protection.
N.C.G.S. § 122C-409 — Community of Butner comprehensive emergency management plan.
N.C.G.S. § 122C-410 — Authority of county or city over Camp Butner Reservation; zoning jurisdiction by Town of Butner over State lands.
N.C.G.S. § 122C-421 — Joint security force.
N.C.G.S. § 122C-430 — Joint security force.
N.C.G.S. § 122C-430.10 — Joint security force.
N.C.G.S. § 122C-430.30 — Joint security force.
N.C.G.S. § 122C-431 — North Carolina Alcoholism Research Authority created.
N.C.G.S. § 122C-432 — Authorized to receive and spend funds.
N.C.G.S. § 122C-433 — Applications for grants; promulgation of rules.
N.C.G.S. § 122C-450 — Definitions.
N.C.G.S. § 122C-451 — Eligibility and allocations.
N.C.G.S. § 122C-452 — Information sharing.
N.C.G.S. § 122C-453 — Technical assistance and monitoring.
N.C.G.S. § 122C-454 — Reporting requirement.
N.C.G.S. § 122C-465 — Definitions.
N.C.G.S. § 122C-466 — Hyperbaric oxygen therapy treatment authorized.