§ 143B-147. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services - creation, powers and duties. - North Carolina Statutes

Part 4. Commission for MentalHealth, Developmental Disabilities, and Substance Abuse Services.

§ 143B‑147.  Commissionfor Mental Health, Developmental Disabilities, and Substance Abuse Services – creation,powers and duties.

(a)        There is herebycreated the Commission for Mental Health, Developmental Disabilities, andSubstance Abuse Services of the Department of Health and Human Services withthe power and duty to adopt, amend and repeal rules to be followed in theconduct of State and local mental health, developmental disabilities, substanceabuse programs including education, prevention, intervention, screening,assessment, referral, detoxification, treatment, rehabilitation, continuingcare, emergency services, case management, and other related services. Suchrules shall be designed to promote the amelioration or elimination of themental illness, developmental disabilities, or substance abuse problems of thecitizens of this State. Rules establishing standards for certification of childcare centers providing Developmental Day programs are excluded from thissection and shall be adopted by the Child Care Commission under G.S. 110‑88.The Commission for Mental Health, Developmental Disabilities, and SubstanceAbuse Services shall have the authority:

(1)        To adopt rulesregarding the

a.         Admission, includingthe designation of regions, treatment, and professional care of individualsadmitted to a facility operated under the authority of G.S. 122C‑181(a),that is now or may be established;

b.         Operation of education,prevention, intervention, treatment, rehabilitation and other related servicesas provided by area mental health, developmental disabilities, and substanceabuse authorities, county programs, and all providers of public services underPart 4 of Article 4 of Chapter 122C of the General Statutes;

c.         Hearings and appealsof area mental health, developmental disabilities, and substance abuseauthorities as provided for in Part 4 of Article 4 of Chapter 122C of theGeneral Statutes; and

d          and e. Repealed bySession Laws 2001‑437, s. 1.21(a), effective July 1, 2002.

f.          Standards of publicservices for mental health, developmental disabilities, and substance abuseservices.

(2)        To adopt rules forthe licensing of facilities for the mentally ill, developmentally disabled, andsubstance abusers, under Article 2 of Chapter 122C of the General Statutes.These rules shall include all of the following:

a.         Standards for theuse of electronic supervision devices during client sleep hours for facilitieslicensed under 10A NCAC 27G. 1700 or any related or subsequent regulationssetting licensing standards for such facilities.

b.         Personnelrequirements for facilities licensed under 10A NCAC 27G. 1700, or any relatedor subsequent regulations setting licensing standards for such facilities, whencontinuous electronic supervision that meets the standards established undersub‑subdivision a. of this of this subdivision is present.

(3)        To advise theSecretary of the Department of Health and Human Services regarding the needfor, provision and coordination of education, prevention, intervention,treatment, rehabilitation and other related services in the areas of:

a.         Mental illness andmental health,

b.         Developmentaldisabilities,

c.         Substance abuse.

d.         Repealed by SessionLaws 2001‑437, s. 1.21(a), effective July 1, 2002.

(4)        To review and advisethe Secretary of the Department of Health and Human Services regarding allState plans required by federal or State law and to recommend to the Secretaryany changes it thinks necessary in those plans; provided, however, for thepurposes of meeting State plan requirements under federal or State law, theDepartment of Health and Human Services is designated as the single Stateagency responsible for administration of plans involving mental health,developmental disabilities, and substance abuse services.

(5)        To adopt rulesrelating to the registration and control of the manufacture, distribution,security, and dispensing of controlled substances as provided by G.S. 90‑100.

(6)        To adopt rules toestablish the professional requirements for staff of licensed facilities forthe mentally ill, developmentally disabled, and substance abusers. Such rulesmay require that one or more, but not all staff of a facility be eitherlicensed or certified. If a facility has only one professional staff, suchrules may require that that individual be licensed or certified. Such rules mayinclude the recognition of professional certification boards for thoseprofessions not licensed or certified under other provisions of the GeneralStatutes provided that the professional certification board evaluatesapplicants on a basis which protects the public health, safety or welfare.

(7)        Except where rulemaking authority is assigned under that Article to the Secretary of theDepartment of Health and Human Services, to adopt rules to implement Article 3of Chapter 122C of the General Statutes.

(8)        To adopt rulesspecifying procedures for waiver of rules adopted by the Commission.

(9)        To adopt rulesestablishing a process for non‑Medicaid eligible clients to appeal to theDivision of Mental Health, Developmental Disabilities, and Substance AbuseServices of the Department of Health and Human Services decisions made by anarea authority or county program affecting the client. The purpose of theappeal process is to ensure that mental health, developmental disabilities, andsubstance abuse services are delivered within available resources, to providean additional level of review independent of the area authority or countyprogram to ensure appropriate application of and compliance with applicablestatutes and rules, and to provide additional opportunities for the areaauthority or county program to resolve the underlying complaint. Upon receiptof a written request by the non‑Medicaid eligible client, the Divisionshall review the decision of the area authority or county program and shalladvise the requesting client and the area authority or county program as to theDivision's findings and the bases therefor. Notwithstanding Chapter 150B of theGeneral Statutes, the Division's findings are not a final agency decision forpurposes of that Chapter. Upon receipt of the Division's findings, the areaauthority or county program shall issue a final decision based on those findings.Nothing in this subdivision shall be construed to create an entitlement tomental health, developmental disabilities, and substance abuse services.

(b)        All rules herebyadopted shall be consistent with the laws of this State and not inconsistentwith the management responsibilities of the Secretary of the Department ofHealth and Human Services provided by this Chapter and the ExecutiveOrganization Act of 1973.

(c)        All rules andregulations pertaining to the delivery of services and licensing of facilitiesheretofore adopted by the Commission for Mental Health and Mental RetardationServices, controlled substances rules and regulations adopted by the NorthCarolina Drug Commission, and all rules and regulations adopted by theCommission for Mental Health, Mental Retardation and Substance Abuse Servicesshall remain in full force and effect unless and until repealed or supersededby action of the Commission for Mental Health, Developmental Disabilities, andSubstance Abuse Services.

(d)        All rules adopted bythe Commission for Mental Health, Developmental Disabilities, and SubstanceAbuse Services shall be enforced by the Department of Health and HumanServices.  (1973,ch. 476, s. 129; 1977, c. 568, ss. 2, 3; c. 679, s. 1; 1981, c. 51, s. 1; 1983,c. 718, s. 5; 1983 (Reg. Sess., 1984), c. 1110, s. 6; 1985, c. 589, ss. 47‑54;1985 (Reg. Sess., 1986), c. 863, s. 33; 1989, c. 625, s. 23; 1991, c. 309, s.1; 1993, c. 396, s. 6; 1997‑443, s. 11A.118(a); 2001‑437, s.1.21(a); 2005‑276, s. 10.35(a); 2009‑187, s. 1; 2009‑490, s.6.)