State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-3

§ 122C‑3.  Definitions.

The following definitionsapply in this Chapter:

(1)        "Areaauthority" means the area mental health, developmental disabilities, andsubstance abuse authority.

(2)        "Areaboard" means the area mental health, developmental disabilities, andsubstance abuse board.

(2a)      "Areadirector" means the administrative head of the area authority programappointed pursuant to G.S. 122C‑121.

(2b)      "Board of countycommissioners" includes the participating boards of county commissionersfor multicounty area authorities and multicounty programs.

(3)        "Camp Butnerreservation" means the original Camp Butner reservation as may bedesignated by the Secretary as having been acquired by the State and includesnot only areas which are owned and occupied by the State but also those whichmay have been leased or otherwise disposed of by the State, and shall alsoinclude those areas within the municipal boundaries of the Town of Butner andthat portion of the extraterritorial jurisdiction of the Town of Butner consistingof lands not owned by the State of North Carolina.

(4)        "City" hasthe same meaning as in G.S. 153A‑1(1).

(5)        "Catchmentarea" means the geographic part of the State served by a specific areaauthority or county program.

(6)        "Client"means an individual who is admitted to and receiving service from, or who inthe past had been admitted to and received services from, a facility.

(7)        "Clientadvocate" means a person whose role is to monitor the protection of clientrights or to act as an individual advocate on behalf of a particular client ina facility.

(8)        "Commission"means the Commission for Mental Health, Developmental Disabilities, andSubstance Abuse Services, established under Part 4 of Article 3 of Chapter 143Bof the General Statutes.

(9)        "Confidentialinformation" means any information, whether recorded or not, relating toan individual served by a facility that was received in connection with theperformance of any function of the facility. "Confidentialinformation" does not include statistical information from reports andrecords or information regarding treatment or services which is shared fortraining, treatment, habilitation, or monitoring purposes that does notidentify clients either directly or by reference to publicly known or availableinformation.

(9a)      "Coreservices" are services that are necessary for the basic foundation of anyservice delivery system. Core services are of two types: front‑endservice capacity such as screening, assessment, and emergency triage, andindirect services such as prevention, education, and consultation at acommunity level.

(10)      "County ofresidence" of a client means the county of his domicile at the time of hisadmission or commitment to a facility. A county of residence is not changedbecause an individual is temporarily out of his county in a facility orotherwise.

(10a)    "Countyprogram" means a mental health, developmental disabilities, and substanceabuse services program established, operated, and governed by a county pursuantto G.S. 122C‑115.1.

(11)      "Dangerous tohimself or others" means:

a.         "Dangerous tohimself" means that within the relevant past:

1.         The individual hasacted in such a way as to show:

I.          That he would beunable, without care, supervision, and the continued assistance of others nototherwise available, to exercise self‑control, judgment, and discretionin the conduct of his daily responsibilities and social relations, or tosatisfy his need for nourishment, personal or medical care, shelter, or self‑protectionand safety; and

II.         That there is areasonable probability of his suffering serious physical debilitation withinthe near future unless adequate treatment is given pursuant to this Chapter. Ashowing of behavior that is grossly irrational, of actions that the individualis unable to control, of behavior that is grossly inappropriate to thesituation, or of other evidence of severely impaired insight and judgment shallcreate a prima facie inference that the individual is unable to care forhimself; or

2.         The individual has attemptedsuicide or threatened suicide and that there is a reasonable probability ofsuicide unless adequate treatment is given pursuant to this Chapter; or

3.         The individual hasmutilated himself or attempted to mutilate himself and that there is a reasonableprobability of serious self‑mutilation unless adequate treatment is givenpursuant to this Chapter.

Previousepisodes of dangerousness to self, when applicable, may be considered whendetermining reasonable probability of physical debilitation, suicide, or self‑mutilation.

b.         "Dangerous toothers" means that within the relevant past, the individual has inflictedor attempted to inflict or threatened to inflict serious bodily harm onanother, or has acted in such a way as to create a substantial risk of seriousbodily harm to another, or has engaged in extreme destruction of property; andthat there is a reasonable probability that this conduct will be repeated.Previous episodes of dangerousness to others, when applicable, may beconsidered when determining reasonable probability of future dangerous conduct.Clear, cogent, and convincing evidence that an individual has committed ahomicide in the relevant past is prima facie evidence of dangerousness toothers.

(11a)    "Day/nightservice" means a service provided on a regular basis, in a structuredenvironment that is offered to the same individual for a period of three ormore hours within a 24‑hour period.

(12)      "Department"means the North Carolina Department of Health and Human Services.

(12a)    "Developmentaldisability" means a severe, chronic disability of a person which:

a.         Is attributable to amental or physical impairment or combination of mental and physicalimpairments;

b.         Is manifested beforethe person attains age 22, unless the disability is caused by a traumatic headinjury and is manifested after age 22;

c.         Is likely tocontinue indefinitely;

d.         Results insubstantial functional limitations in three or more of the following areas ofmajor life activity: self‑care, receptive and expressive language,capacity for independent living, learning, mobility, self‑direction andeconomic self‑sufficiency; and

e.         Reflects theperson's need for a combination and sequence of special interdisciplinary, orgeneric care, treatment, or other services which are of a lifelong or extendedduration and are individually planned and coordinated; or

f.          When applied tochildren from birth through four years of age, may be evidenced as adevelopmental delay.

(13)      "Division"means the Division of Mental Health, Developmental Disabilities, and SubstanceAbuse Services of the Department.

(13a)    Repealed by SessionLaws 2000‑67, s. 11.21(c), effective July 1, 2000.

(13a1)  Recodified assubdivision (13c).

(13b)    Recodified assubdivision (13d).

(13c)    "Eligible infantsand toddlers" means children with or at risk for developmental delays oratypical development until:

a.         They have reachedtheir third birthday;

b.         Their parents haverequested to have them receive services in the preschool program for childrenwith disabilities established under Article 9 of Chapter 115C of the GeneralStatutes; and

c.         They have beenplaced in the program by the local educational agency.

In noevent shall a child be considered an eligible toddler after the beginning ofthe school year immediately following the child's third birthday, unless theSecretary and the State Board enter into an agreement under G.S. 115C‑106.4(c)[G.S. 115C‑107.1(c)].

Theearly intervention services that may be provided for these children and theirfamilies include early identification and screening, multidisciplinaryevaluations, case management services, family training, counseling and homevisits, psychological services, speech pathology and audiology, andoccupational and physical therapy. All evaluations performed as part of earlyintervention services shall be appropriate to the individual child's age anddevelopment.

(13d)    "Eligiblepsychologist" means a licensed psychologist who has at least two years'clinical experience. After January 1, 1995, "eligible psychologist"means a licensed psychologist who holds permanent licensure and certificationas a health services provider psychologist issued by the North CarolinaPsychology Board.

(14)      "Facility"means any person at one location whose primary purpose is to provide servicesfor the care, treatment, habilitation, or rehabilitation of the mentally ill,the developmentally disabled, or substance abusers, and includes:

a.         An "areafacility", which is a facility that is operated by or under contract withthe area authority or county program. For the purposes of this subparagraph, acontract is a contract, memorandum of understanding, or other written agreementwhereby the facility agrees to provide services to one or more clients of thearea authority or county program. Area facilities may also be licensablefacilities in accordance with Article 2 of this Chapter. A State facility isnot an area facility;

b.         A "licensablefacility", which is a facility that provides services to individuals whoare mentally ill, developmentally disabled, or substance abusers for one ormore minors or for two or more adults. These services shall be day servicesoffered to the same individual for a period of three hours or more during a 24‑hourperiod, or residential services provided for 24 consecutive hours or more.Facilities for individuals who are substance abusers include chemicaldependency facilities;

c.         A "privatefacility", which is a facility that is either a licensable facility or aspecial unit of a general hospital or a part of either in which the specificservice provided is not covered under the terms of a contract with an areaauthority;

d.         The psychiatricservice of the University of North Carolina Hospitals at Chapel Hill;

e.         A "residentialfacility", which is a 24‑hour facility that is not a hospital,including a group home;

f.          A "Statefacility", which is a facility that is operated by the Secretary;

g.         A "24‑hourfacility", which is a facility that provides a structured livingenvironment and services for a period of 24 consecutive hours or more andincludes hospitals that are facilities under this Chapter; and

h.         A VeteransAdministration facility or part thereof that provides services for the care,treatment, habilitation, or rehabilitation of the mentally ill, thedevelopmentally disabled, or substance abusers.

(15)      "Guardian"means a person appointed as a guardian of the person or general guardian by thecourt under Chapters 7A or 35A or former Chapters 33 or 35 of the GeneralStatutes.

(16)      "Habilitation"means training, care, and specialized therapies undertaken to assist a clientin maintaining his current level of functioning or in achieving progress indevelopmental skills areas.

(17)      "Incompetentadult" means an adult individual adjudicated incompetent.

(18)      "Intoxicated"means the condition of an individual whose mental or physical functioning ispresently substantially impaired as a result of the use of alcohol or othersubstance.

(19)      "Law‑enforcementofficer" means sheriff, deputy sheriff, police officer, State highway patrolman,or an officer employed by a city or county under G.S. 122C‑302.

(20)      "Legallyresponsible person" means: (i) when applied to an adult, who has beenadjudicated incompetent, a guardian; (ii) when applied to a minor, a parent,guardian, a person standing in loco parentis, or a legal custodian other than aparent who has been granted specific authority by law or in a custody order toconsent for medical care, including psychiatric treatment; or (iii) whenapplied to an adult who is incapable as defined in G.S. 122C‑72(c) andwho has not been adjudicated incompetent, a health care agent named pursuant toa valid health care power of attorney.

(20a)    "Localfunds" means fees from services, including client payments, Medicare andthe local and federal share of Medicaid receipts, fees from agencies undercontract, gifts and donations, and county and municipal funds, and any otherfunds not administered by the Division.

(20b)    "Local managemententity" or "LME" means an area authority, county program, orconsolidated human services agency. It is a collective term that refers tofunctional responsibilities rather than governance structure.

(21)      "Mentalillness" means: (i) when applied to an adult, an illness which so lessensthe capacity of the individual to use self‑control, judgment, anddiscretion in the conduct of his affairs and social relations as to make itnecessary or advisable for him to be under treatment, care, supervision,guidance, or control; and (ii) when applied to a minor, a mental condition, otherthan mental retardation alone, that so impairs the youth's capacity to exerciseage adequate self‑control or judgment in the conduct of his activitiesand social relationships so that he is in need of treatment.

(22)      "Mentalretardation" means significantly subaverage general intellectualfunctioning existing concurrently with deficits in adaptive behavior andmanifested before age 22.

(23)      "Mentallyretarded with accompanying behavior disorder" means an individual who ismentally retarded and who has a pattern of maladaptive behavior that isrecognizable no later than adolescence and is characterized by gross outburstsof rage or physical aggression against other individuals or property.

(23a)    "Minimallyadequate services" means a level of service required for compliance withall applicable State and federal laws, rules, regulations, and policies andwith generally accepted professional standards and principles.

(24)      "Next ofkin" means the individual designated in writing by the client or hislegally responsible person upon the client's acceptance at a facility; providedthat if no such designation has been made, "next of kin" means theclient's spouse or nearest blood relation in accordance with G.S. 104A‑1.

(25)      "Operatingcosts" means expenditures made by an area authority in the delivery ofservices for mental health, developmental disabilities, and substance abuse asprovided in this Chapter and includes the employment of legal counsel on atemporary basis to represent the interests of the area authority.

(26)      Repealed by SessionLaws 1987, c. 345, s. 1.

(26a)    "Otherrecipient" means an individual who is not admitted to a facility but whoreceives a service other than care, treatment, or rehabilitation services. Theservices that the "other recipient" may receive include consultative,preventative, educational, and assessment services.

(27)      "Outpatienttreatment" as used in Part 7 of Article 5 means treatment in an outpatientsetting and may include medication, individual or group therapy, day or partialday programming activities, services and training including educational andvocational activities, supervision of living arrangements, and any otherservices prescribed either to alleviate the individual's illness or disability,to maintain semi‑independent functioning, or to prevent furtherdeterioration that may reasonably be predicted to result in the need forinpatient commitment to a 24‑hour facility.

(28)      "Person"means any individual, firm, partnership, corporation, company, association,joint stock association, agency, or area authority.

(29)      "Physician"means an individual licensed to practice medicine in North Carolina underChapter 90 of the General Statutes or a licensed medical doctor employed by theVeterans Administration.

(29a)    "Program director"means the director of a county program established pursuant to G.S. 122C‑115.1.

(30)      "Provider ofsupport services" means a person that provides to a facility supportservices such as data processing, dosage preparation, laboratory analyses, orlegal, medical, accounting, or other professional services, including humanservices.

(30a)    "Psychologist"means an individual licensed to practice psychology under Chapter 90. The term"eligible psychologist" is defined in subdivision (13a).

(30b)    "Public services"means publicly funded mental health, developmental disabilities, and substanceabuse services, whether provided by public or private providers.

(31)      "Qualifiedprofessional" means any individual with appropriate training or experienceas specified by the General Statutes or by rule of the Commission in the fieldsof mental health or developmental disabilities or substance abuse treatment orhabilitation, including physicians, psychologists, psychological associates,educators, social workers, registered nurses, certified fee‑basedpracticing pastoral counselors, and certified counselors.

(32)      "Responsibleprofessional" means an individual within a facility who is designated bythe facility director to be responsible for the care, treatment, habilitation,or rehabilitation of a specific client and who is eligible to provide care,treatment, habilitation, or rehabilitation relative to the client's disability.

(33)      "Secretary"means the Secretary of the Department of Health and Human Services.

(33a)    "Severe andpersistent mental illness" means a mental disorder suffered by persons of18 years of age or older that leads these persons to exhibit emotional orbehavioral functioning that is so impaired as to interfere substantially withtheir capacity to remain in the community without supportive treatment orservices of a long term or indefinite duration. This disorder is a severe andpersistent mental disability, resulting in a long‑term limitation offunctional capacities for the primary activities of daily living, such asinterpersonal relations, homemaking, self‑care, employment, andrecreation.

(34)      Repealed by SessionLaws 2001‑437, s. 1.2(c), effective July 1, 2002.

(35)      Repealed by SessionLaws 2001‑437, s. 1.2(c), effective July 1, 2002.

(35a)    Renumbered assubdivision (35e).

(35b)    "Specialtyservices" means services that are provided to consumers from low‑incidencepopulations.

(35c)    "State" or"Local" Consumer Advocate means the individual carrying out theduties of the State or Local Consumer Advocacy Program Office in accordancewith Article 1A of this Chapter.

(35d)    "State Plan"means the State Plan for Mental Health, Developmental Disabilities, andSubstance Abuse Services.

(35e)    "Stateresources" means State and federal funds and other receipts administeredby the Division.

(36)      "Substanceabuse" means the pathological use or abuse of alcohol or other drugs in away or to a degree that produces an impairment in personal, social, oroccupational functioning. "Substance abuse" may include a pattern oftolerance and withdrawal.

(37)      "Substanceabuser" means an individual who engages in substance abuse.

(38)      "Targetedpopulation" means those individuals who are given service priority underthe State Plan.

(39)      "Uniform portalprocess" means a standardized process and procedures used to ensureconsumer access to, and exit from, public services in accordance with the StatePlan.  (1899, c.1, s. 28; Rev., s. 4574; C.S., s. 6189; 1945, c. 952, s. 18; 1947, c. 537, s.12; 1949, c. 71, s. 3; 1955, c. 887, s. 1; 1957, c. 1232, s. 13; 1959, c. 1028,s. 4; 1963, c. 1166, ss. 2, 10; c. 1184, s. 1; 1965, c. 933; 1973, c. 475, s.2; c. 476, s. 133; c. 726, s. 1; c. 1408, ss. 1, 3; 1977, c. 400, ss. 2, 12; c.568, s. 1; c. 679, s. 7; 1977, 2nd Sess., c. 1134, s. 2; 1979, c. 164, ss. 3,4; c. 171, s. 2; c. 358, ss. 2, 26; c. 915, s. 1; c. 751, s. 28; 1981, c. 51,ss. 2‑4; c. 539, s. 1; 1983, c. 280; c. 383, s. 2; c. 638, s. 2; c. 718,s. 1; c. 864, s. 4; 1983 (Reg. Sess., 1984), c. 1110, s. 4; 1985, c. 589, s. 2;c. 695, s. 1; c. 777, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 7; 1987, c.345, s. 1; c. 830, ss. 47(a), (b); 1989, c. 141, s. 8; c. 223; c. 486, s. 2; c.625, s. 2; 1989 (Reg. Sess., 1990), c. 823, s. 11; c. 1003, s. 2; c. 1024, s.26(a); 1993, c. 321, s. 220(a)‑(c); c. 375, s. 6; c. 396, ss. 1, 2; 1995,c. 249, s. 1; c. 406, s. 5; 1997‑443, s. 11A.118(a); 1997‑456, s.27; 1998‑198, s. 3; 1998‑202, s. 4(r); 1999‑186, s. 1; 2000‑67,s. 11.21(c); 2001‑437, ss. 1.2(b), 1.2(c); 2001‑437, s. 1.2(a);2003‑313, s. 1; 2006‑69, s. 3(n); 2006‑142, ss. 4(a), 7; 2007‑269,s. 3.1; 2007‑502, s. 15(a); 2008‑107, s. 10.15(dd).)