GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 1255
Committee Substitute Favorable 7/10/91

Short Title:  DHR License Fees/DOC Drug Fees.	(Public)
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Sponsors:
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Referred to:  

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May 10, 1991

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, TO CHARGE FEES FOR VARIOUS FACILITIES SEEKING LICENSURE OR CERTIFICATION AND TO AUTHORIZE THE DEPARTMENT OF CORRECTION TO CHARGE A FEE FOR DRUG TESTING AS A CONDITION OF PROBATION OR PAROLE.
The General Assembly of North Carolina enacts:
Section 1. Article 3 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-138.1. Fees for licensure or certification by the Division of Facility Services.
The Department of Human Resources, Division of Facility Services, shall charge certain facilities that apply for licensure or certification fees to assist in defraying some of the State costs incurred in the licensure and certification procedures. The fees apply to applications for initial licensure or certification and to applications for renewal of licensure or certification.  The amount of the fees and the facilities that must pay the fees are listed in the following table; a reference in the table to a Chapter is a reference to a Chapter of the General Statutes:

	FEE FOR LICENSE
TYPE OF FACILITY	OR CERTIFICATION
Hospitals, licensed under Part A of Article 5 of Chapter 131E, and facilities,  licensed under Article 2 of Chapter 122C,  that are not certified by the Joint  Commission on Accreditation of Hospitals $100.00

Hospitals, licensed under Part A of Article 5 of Chapter 131E, and facilities,  licensed under Article 2 of Chapter 122C,  that are certified by the Joint  Commission on Accreditation of Hospitals $25.00

Nursing Facilities, licensed under Part A of Article 6 of Chapter 131E, and Intermediate Care Facilities for the mentally retarded, licensed under Article 2 of Chapter 122C $25.00
	plus $1.00 per room
Ambulatory Surgical Facilities, licensed under Part D of Article 6 of Chapter 131E $100.00

Home Health and Home Care Agencies, licensed under Part C of Article 6 of Chapter 131E, and Hospices, licensed under Article 10 of Chapter 131E $25.00

Nursing Pools, licensed under Part E of Article 6 of Chapter 131E $50.00

Cardiac Rehabilitation certification, under Article 8 of Chapter 131E $100.00

Abortion Clinics, certified under Article 11 of Chapter 14	$100.00

Domiciliary Care Facilities for the aged and disabled having six or more beds, licensed under Article 1 of Chapter 131D  $25.00
	  plus 50¢ per bed
Domiciliary Care Facilities for group homes for developmentally disabled adults and Family Care Homes, licensed under Article 1 of Chapter 131D $50.00

Residential Facilities for the mentally retarded, licensed under Article 2 of Chapter 122C $50.00.
Fees collected under this section shall be credited to the General Fund."
Sec. 2.  G.S. 15A-1343(b1)(7) reads as rewritten:
"(7)	Submit at reasonable times to warrantless searches by a probation officer of his person and of his vehicle and premises while he is present, for purposes specified by the court and reasonably related to his probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful. Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing."
Sec. 3.  G.S. 15A-1374(b)(11) reads as rewritten:
"(11)	Submit at reasonable times to searches of his person by a parole officer for purposes reasonably related to his parole supervision.  The Commission may not require as a condition of parole that the parolee submit to any other searches that would otherwise be unlawful. Whenever the search consists of testing for the presence of illegal drugs, the parolee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening."
Sec. 4.  This act is effective upon ratification.