State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-211

Part 2. Voluntary Admissions and Discharges, Competent Adults, Facilities for theMentally Ill and Substance Abusers.

§ 122C‑211.  Admissions.

(a)        Except as providedin subsections (b) through (f1) of this section, any individual, including aparent in a family unit, in need of treatment for mental illness or substanceabuse may seek voluntary admission at any facility by presenting himself forevaluation to the facility. No physician's statement is necessary, but awritten application for evaluation or admission, signed by the individualseeking admission, is required. The application form shall be available at alltimes at all facilities. However, no one shall be denied admission becauseapplication forms are not available. An evaluation shall determine whether theindividual is in need of care, treatment, habilitation or rehabilitation formental illness or substance abuse or further evaluation by the facility.Information provided by family members regarding the individual's need fortreatment shall be reviewed in the evaluation. An individual may not beaccepted as a client if the facility determines that the individual does notneed or cannot benefit from the care, treatment, habilitation, orrehabilitation available and that the individual is not in need of furtherevaluation by the facility. The facility shall give to an individual who isdenied admission a referral to another facility or facilities that may be ableto provide the treatment needed by the client.

(b)        In 24‑hourfacilities the application shall acknowledge that the applicant may be held bythe facility for a period of 72 hours after any written request for releasethat the applicant may make, and shall acknowledge that the 24‑hourfacility may have the legal right to petition for involuntary commitment of theapplicant during that period. At the time of application, the facility shalltell the applicant about procedures for discharge.

(c)        Any individual whovoluntarily seeks admission to a 24‑hour facility in which medical careis an integral component of the treatment shall be examined and evaluated by aphysician of the facility within 24 hours of admission. The evaluation shalldetermine whether the individual is in need of treatment for mental illness orsubstance abuse or further evaluation by the facility. If the evaluatingphysician determines that the individual will not benefit from the treatmentavailable, the individual shall not be accepted as a client.

(d)        Any individual whovoluntarily seeks admission to any 24‑hour facility, other than one inwhich medical care is an integral component of the treatment, shall have amedical examination within 30 days before or after admission if it isreasonably expected that the individual will receive treatment for more than 30days or shall produce a current, valid physical examination report, signed by aphysician, completed within 12 months prior to the current admission. Whenapplicable, this examination may be included in an examination conducted tomeet the requirements of G.S. 122C‑223 or G.S. 122C‑232.

(e)        When an individualfrom a single portal area seeks admission to an area or State 24‑hourfacility, the admission shall follow the procedures as prescribed in the areaplan. When an individual from a single portal area presents himself foradmission to the facility directly and is in need of an emergency admission,the individual may be accepted for admission. The facility shall notify thearea authority within 24 hours of the admission. Further planning of treatmentfor the client is the joint responsibility of the area authority and thefacility as prescribed in the area plan.

(f)         A family unit mayvoluntarily seek admission to a 24‑hour substance abuse facility that isable to provide, directly or by contract, treatment, habilitation, orrehabilitation services that will specifically address the family unit's needs.These services shall include gender‑specific substance abuse treatment,habilitation, or rehabilitation for the parent as well as assessment, well‑childcare, and, as needed, early intervention services for the child. A family unitthat voluntarily seeks admission to a 24‑hour substance abuse facilityshall be evaluated by the facility to determine whether the family unit wouldbenefit from the services of the facility. A facility shall not accept a familyunit as a client if the facility determines that the family unit does not needor cannot benefit from the care, habilitation, or rehabilitation available atthe facility. The facility shall give to a family unit that is denied admissiona referral to another facility or facilities that may be able to providetreatment needed by the family unit. Except as otherwise provided, this sectionapplies to a parent in a family unit seeking admission under this section.

(f1)       An individual inneed of treatment for mental illness may be admitted to a facility pursuant toan advance instruction for mental health treatment or pursuant to the authorityof a health care agent named in a valid health care power of attorney, providedthat the individual is incapable, as defined in G.S. 122C‑72(4) at thetime of the need for admission. An individual admitted to a facility pursuantto an advance instruction for mental health treatment may not be retained formore than 10 days, except as provided for in subsection (b) of this section.When a health care power of attorney authorizes a health care agent to seek theadmission of an incapable individual, the health care agent shall act for theindividual in applying for admission to a facility and in consenting to medicaltreatment at the facility when consent is required, provided that theindividual is incapable.

(g)        As used in thisPart, the term "family unit" means a parent and the parent'sdependent children under the age of three years. (1945, c. 952, s. 471/2;1963, c. 1184, s. 22; 1973, c. 723, s. 1; c. 1084; 1983, c. 383, s. 4; 1985, c.589, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 16; 1989, c. 287; 1998‑47,s. 1(a); 1998‑198, s. 6; 1998‑217, s. 53(a)(1), (2); 1999‑456,s. 5.)