State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-19_1

§ 148‑19.1.  Exemptionfrom licensure and certificate of need.

(a)        Inpatient chemicaldependency or substance abuse facilities that provide services exclusively toinmates of the Department of Correction shall be exempt from licensure by theDepartment of Health and Human Services under Chapter 122C of the GeneralStatutes. If an inpatient chemical dependency or substance abuse facilityprovides services both to inmates of the Department of Correction and tomembers of the general public, the portion of the facility that serves inmatesshall be exempt from licensure.

(b)        Any person whocontracts to provide inpatient chemical dependency or substance abuse servicesto inmates of the Department of Correction may construct and operate a newchemical dependency or substance abuse facility for that purpose without firstobtaining a certificate of need from the Department of Health and HumanServices pursuant to Article 9 of Chapter 131E of the General Statutes.However, a new facility or addition developed for that purpose without acertificate of need shall not be licensed pursuant to Chapter 122C of theGeneral Statutes and shall not admit anyone other than inmates unless the owneror operator first obtains a certificate of need. (2001‑424, s.25.19(a).)