State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-22

§ 122C‑22.  Exclusionsfrom licensure; deemed status.

(a)        The following areexcluded from the provisions of this Article and are not required to obtainlicensure under this Article:

(1)        Physicians andpsychologists engaged in private office practice;

(2)        General hospitalslicensed under Article 5 of Chapter 131E of the General Statutes, that operatespecial units for the mentally ill, developmentally disabled, or substanceabusers;

(3)        State and federallyoperated facilities;

(4)        Adult care homeslicensed under Chapter 131D of the General Statutes;

(5)        Developmental childcare centers licensed under Article 7 of Chapter 110 of the General Statutes;

(6)        Persons subject tolicensure under rules of the Social Services Commission;

(7)        Persons subject torules and regulations of the Division of Vocational Rehabilitation Services;

(8)        Facilities thatprovide occasional respite care for not more than two individuals at a time;provided that the primary purpose of the facility is other than as defined inG.S. 122C‑3(14);

(9)        Twenty‑four‑hournonprofit facilities established for the purposes of shelter care and recoveryfrom alcohol or other drug addiction through a 12‑step, self‑help,peer role modeling, and self‑governance approach;

(10)      Inpatient chemicaldependency or substance abuse facilities that provide services exclusively toinmates of the Department of Correction, as described in G.S. 148‑19.1;and

(11)      A charitable,nonprofit, faith‑based, adult residential treatment facility that doesnot receive any federal or State funding and is part of an internationalorganization serving at least 50 countries that helps persons ages 18 through40 overcome life‑controlling problems and is a religious organizationexempt from federal income tax under section 501(a) of the Internal RevenueCode.

(b)        The Commission mayadopt rules establishing a procedure whereby a licensable facility certified bya nationally recognized agency, such as the Joint Commission on Accreditationof Hospitals, may be deemed licensed under this Article by the Secretary. Anyfacility licensed under the provisions of this subsection shall continue to besubject to inspection by the Secretary. (1983, c. 718, s. 1; 1983 (Reg. Sess., 1984), c. 1110,s. 5; 1985, c. 589, s. 2; c. 695, s. 13; 1987, c. 345, s. 2; 1989, c. 625, s.5; 1995, c. 535, s. 7; 1997‑506, s. 43; 2000‑67, s. 11.25A; 2001‑424,s. 25.19(b); 2004‑199, s. 32.)