NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 358
HOUSE BILL 460
AN ACT TO AMEND CHAPTERS 122 AND 143B TO PROVIDE FOR THE ADDITION OF THE PHRASE "MENTAL RETARDATION, AND SUBSTANCE ABUSE (ALCOHOL AND DRUG ABUSE)" TO AREA MENTAL HEALTH PROGRAM TITLES AND TO ADD THE PHRASE "SUBSTANCE ABUSE" TO THE TITLE OF THE DIVISION OF MENTAL HEALTH AND MENTAL RETARDATION SERVICES OF THE DEPARTMENT OF HUMAN RESOURCES, TO ALLOW AREA BOARD MEMBER COMPENSATION, TO PERMIT THE USE OF STATE FUNDS FOR CERTAIN CONTRACTS, AND TO REQUIRE BIENNIAL PROGRAM REPORTS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 122-35.35 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 7 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 11. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "program" on line 17.
Sec. 2. G.S. 122-35.36 is hereby amended by inserting the phrase ", Mental Retardation, and Substance Abuse" between the words "Mental Health" and "Authority" on line 3 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 8. Also insert the phrase ", Mental Retardation, and Substance Abuse" between the words "Mental Health" and "Board" on line 12. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 14. Also insert the phrase ", mental retardation, and substance abuse" after the words "mental health" on line 43.
Sec. 3. G.S. 122-35.37 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 5 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 7.
Sec. 4. G.S. 122-35.38 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "programs" on line 10. Also insert the phrase ", Mental Retardation, and Substance Abuse" between the words "Mental Health" and "Authority" on line 2. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "activities" on line 4. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "services" on line 6. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "services" on line 8. Also insert the phrase ", mental retardation, and substance abuse" between the words "health" and "service" on line 12. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "service" on line 14.
Sec. 5. G.S. 122-35.39 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 2 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 7. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 8. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 10. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 11. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 14. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 16.
Sec. 6. G.S. 122-35.40 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 1 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "health" and "board" on line 2. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 8. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 20. Also insert the phrase ", mental retardation, and substance abuse" after the words "mental health" on line 24. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "board" on line 29.
Sec. 7. G.S. 122-35.41 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 9 of that section.
Sec. 8. The title to Article 2F of Chapter 122 is hereby amended by rewriting that title to read as follows: "Area Mental Health, Mental Retardation, and Substance Abuse (Alcohol and Drug Abuse) Programs."
Sec. 9. The title to Part 2 of Article 2F is hereby amended by rewriting that title to read as follows: "Authorization of Area Mental Health, Mental Retardation, and Substance Abuse Services."
Sec. 10. The title to Part 3 of Article 2F is hereby amended by rewriting that title to read as follows: "Responsibilities of Area Mental Health, Mental Retardation, and Substance Abuse Authorities."
Sec. 11. The title to Part 4 of Chapter 122 is hereby amended by rewriting that title to read as follows: "Appropriations for Mental Health, Mental Retardation, and Substance Abuse Service Programs."
Sec. 12. G.S. 122-35.43 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 3 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 18.
Sec. 13. G.S. 122-35.44 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 3 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "program" on line 6. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on lines 15, 21, and 25.
Sec. 14. G.S. 122-35.45 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 3 of that section. Also insert the phrase ", Mental Retardation, and Substance Abuse" between the words "Mental Health" and "Authority" on line 7. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 8. Also insert the phrase ", mental retardation, and substance abuse" between the words "health" and "authority" on line 9. Also insert the phrase ", Mental Retardation, and Substance Abuse" between the words "Mental Health" and "Director" on line 11. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "director" on line 13 in two places.
Sec. 15. G.S. 122-35.46 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "employees" on line 1 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "employees" on line 2. Also insert the phrase ", mental retardation, and substance abuse" before the word "authority" on line 3. Also insert the phrase", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 7.
Sec. 16. G.S. 122-35.47 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 1 of that section. Also insert the phrase ", mental retardation, and substance abuse" after the words "area mental health" on line 5. Also insert the phrase ", mental retardation, and substance abuse" between the words "health" and "service" on line 9.
Sec. 17. G.S. 122-35.48 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "health" and "authorities" on line 2 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on lines 4 and 8.
Sec. 18. G.S. 122-35.49 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 1 of that section. Also insert the phrase ", mental retardation, and substance abuse" after the phrase "mental health" on line 3. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 6.
Sec. 19. G.S. 122-35.50 is hereby amended by inserting the phrase mental retardation, and substance abuse" between the words "mental health" and "authority" on line 1 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "health" and "authority" on line 2.
Sec. 20. G.S. 122-35.51 is hereby amended by inserting the phrase mental retardation, and substance abuse" between the words "mental health" and "facility" on line 1 of that section.
Sec. 21. G.S. 122-35.52 is hereby amended by inserting the phrase mental retardation, and substance abuse" between the words "mental health and "authority" on line 4 of that section.
Sec. 22. G.S. 122-35.54 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" after the words "mental health" on line 2 of that section. Also insert the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 6.
Sec. 23. The section headings of G.S. 122-35.37, G.S. 122-35.38, G.S. 122-35.39, G.S. 122-35.40, G.S. 122-35.46, G.S. 122-35.50, and G.S. 122-35.55 are hereby rewritten to read, respectively, as follows:
"§ 122-35.37. Establishment of mental health, mental retardation, and substance abuse services."
"§ 122-35.38. Designation of the Department of Human Resources as the State Mental Health, Mental Retardation, and Substance Abuse Authority."
"§ 122-35.39. Designation of the local governmental units to specify responsible area mental health, mental retardation, and substance abuse authority."
"§ 122-35.40. Structure of area mental health, mental retardation, and substance abuse board."
"§ 122-35.46. Salary plans for area mental health, mental retardation, and substance abuse employees."
"§ 122-35.50. Appeal by area mental health, mental retardation, and substance abuse authority."
"§ 122-35.55. Allocation of State matching funds to area mental health, mental retardation, and substance abuse authorities."
Sec. 24. G.S. 122-35.56 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authorities" on line 3 of that section.
Sec. 25. G.S. 122-35.57 is hereby amended by inserting the phrase ", mental retardation, and substance abuse" between the words "mental health" and "authority" on line 3 of that section.
Sec. 26. Whenever the terms, in singular or plural forms, "area mental health authority," "area mental health program," "area mental health board," "area mental health director," and "area mental health employee" appear in the General Statutes, then those terms are hereby amended to read "area mental health, mental retardation, and substance abuse authority," "area mental health, mental retardation, and substance abuse program," "area mental health, mental retardation, and substance abuse board," "area mental health, mental retardation, and substance abuse director," and "area mental health, mental retardation, and substance abuse employee", respectively.
Sec. 27. Whenever the phrase "Division of Mental Health and Mental Retardation Services" appears in any statute or law of this State or any bill ratified after this bill during this Session of the General Assembly, unless an express contrary intent is specified in such bill, it shall be deleted and the phrase "Division of Mental Health, Mental Retardation, and Substance Abuse Services" shall be substituted therefor if appropriate to the context. Such changes will be made in, including, but not limited to, the following areas of the General Statutes: G.S. 122-58.4(c) as the same appears in the 1977 Cumulative Supplement to Volume 3B, lines 17 and 18; G.S. 122-58.16 as the same appears in the 1977 Cumulative Supplement to Volume 3B, lines 2 and 3; and G.S. 122-85(a) as the same appears in the 1977 Cumulative Supplement to Volume 3B, lines 13 and 14. G.S. 122-58.22(e)(2) as the same appears in the 1978 Interim Supplement is hereby amended by deleting the phrase "Division of Mental Health Services" and substituting the phrase "Division of Mental Health, Mental Retardation, and Substance Abuse Services" therefor on line 4 of that subdivision. G.S. 143B-140 is hereby amended by striking the phrase "Division of Mental Health and Mental Retardation Services" on lines 16 and 17 of that section and substituting the phrase "Division of Mental Health, Mental Retardation, and Substance Abuse Services" therefor.
Sec. 28. Part 2 of Article 2F of Chapter 122, as the same appears in the 1977 Cumulative Supplement to Volume 3B of the General Statutes, is hereby amended by adding a new section to read as follows:
"§ 122-35.40A. Compensation of area mental health, mental retardation, and substance abuse board members. — (a) Area Board members may receive as compensation for their services per diem and a subsistence allowance for each day during which they are engaged in the official business of the Board. Rates will be established by the Board and they shall not exceed those rates authorized by G.S. 138-5 for State boards.
(b) Area Board members may be reimbursed for all necessary travel expenses and registration fees in amounts fixed by the Board."
Sec. 29. G.S. 122-35.53, as the same appears in the 1977 Cumulative Supplement to Volume 3B of the General Statutes, is hereby rewritten to read as follows:
"§ 122-35.53. Allocation of all funds to area mental health, mental retardation, and substance abuse authorities. — (a) All State appropriations shall be allocated to area mental health, mental retardation, and substance abuse authorities in accordance with the annual plan and budget adopted by the area mental health, mental retardation, and substance abuse authority and approved by the Department of Human Resources. However, the area mental health, mental retardation, and substance abuse authorities are empowered to receive and allocate non-State resources for the purpose of capital improvements and equipment acquisitions as long as such expenditures are made in the support of the annual plan of work. The final share of State funds will be allocated on the basis of actual expenses and reported in a manner prescribed by the Department. Unexpended State appropriations will be remitted to the Department of Human Resources within 120 days after the close of the fiscal year.
(b) Unless otherwise specified by the Department of Human Resources, State appropriations to area mental health, mental retardation, and substance abuse authorities shall be used exclusively for the operating costs of the programs. Provided, however:
(1) The Department may specify that designated State funds may be used by the area mental health, mental retardation, and substance abuse authorities in contracting with private, nonprofit corporations operating group homes for the mentally retarded, mentally ill, or substance abuser.
(2) Such State funds may be used under the terms of the contract between the authority and the private, nonprofit corporation to make a lump sum down payment or periodic payments on a real property mortgage in the name of such private, nonprofit corporation; however, upon termination, default, or nonrenewal of the contract by either party thereto, in the discretion of the Department of Human Resources State funds spent as mortgage payments shall be returned to the authority from said corporation in accordance with the rules and regulations adopted by the Department.
(3) A private nonprofit corporation receiving funds under this subsection shall be subject to the provisions of G.S. 159-40 which apply to private nonprofit corporations.
(c) All real property purchased for use by the area mental health, mental retardation, and substance abuse authority shall be provided by local or federal funds and the title to such real property and the authority to acquire same shall be held by the county where the property is located.
(d) The authority to lease real property shall be held by the area mental health, mental retardation, and substance abuse authority.
(e) Equipment necessary for the operation of the area mental health, mental retardation, and substance abuse authorities shall be provided by the local, State, federal or donated funds or any combination thereof.
(f) Title to personal property and the authority to acquire or lease same, including lease-purchase arrangements, shall be held by the area mental health, mental retardation, and substance abuse authority.
(g) All community mental health, mental retardation and substance abuse funds shall be expended in accordance with rules and regulations of the Department of Human Resources and in accordance with the minimum standards set by the Commission for Mental Health and Mental Retardation Services. Failure to comply with such rules, regulations and minimum standards may be grounds for the Department of Human Resources to cease participation in the funding of the particular mental health, mental retardation, or substance abuse program. The Department may withdraw funds from a specific program of services not being administered in accordance with an approved plan and budget after written notice and subject to an appeal in accordance with G.S. 122-35.52."
Sec. 30. G.S. 122-35.44(c) as the same appears in the 1977 Cumulative Supplement to Volume 3B of the General Statutes is amended by striking out the word "biannually" immediately following the word "least" and immediately preceding the word "thereafter" in the first line of such subsection and substituting the word "biennially" therefor.
Sec. 31. G.S. 122-35.55 as the same appears in the 1977 Cumulative Supplement to Volume 3B of the General Statutes is amended by striking out the word "biannually" immediately following the word "reviewed" and immediately preceding the word "by" in line four of such section and substituting the word "biennially" therefor.
Sec. 32. G.S. 122-35.55 is hereby amended by rewriting the third sentence of that section to read as follows:
"Area mental health, mental retardation, and substance abuse funds used for matching State funds shall include, but not be limited to, fees from services (including Medicare and the local and federal share of Medicaid receipts), fees from agencies under contract, gifts and donations, and county and municipal funds."
Sec. 33. This act shall become effective July 1, 1979.
In the General Assembly read three times and ratified, this the 13th day of April, 1979.