GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	3 

SENATE BILL 543
Rules and Operation of the Senate Committee Substitute Adopted 5/6/93
Judiciary I Committee Substitute Adopted 6/16/93

Short Title:  Emp. Assist. Program Cert.	(Public)
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Sponsors:
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Referred to:  Finance.
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March 24, 1993

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE CERTIFICATION OF PROVIDERS OF EMPLOYEE ASSISTANCE PROGRAMS.
Whereas, it is beneficial to all citizens of this State that employee assistance programs operating within the State provide quality services to all employees; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  This act shall be known and may be cited as "The Employee Assistance Program Certification Act of 1993."
Sec. 2.  G.S. 143B-147(a) reads as rewritten:
"(a)	There is hereby created the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Human Resources with the power and duty to adopt, amend and repeal rules to be followed in the conduct of State and local mental health, developmental disabilities, alcohol and drug abuse programs including education, prevention, intervention, treatment, rehabilitation and other related services. Such rules shall be designed to promote the amelioration or elimination of the mental health, developmental disabilities, or alcohol and drug abuse problems of the citizens of this State. The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall have the authority:
(1)	To adopt rules regarding the following:
a.	Admission, including the designation of regions, treatment, and professional care of individuals admitted to a facility operated under the authority of G.S. 122C-181(a), that is now or may be established.
b.	Operation of education, prevention, intervention, treatment, rehabilitation and other related services as provided by area mental health, developmental disabilities, and substance abuse authorities under Part 4 of Article 4 of Chapter 122C of the General Statutes.
c.	Hearings and appeals of area mental health, developmental disabilities, and substance abuse authorities as provided for in Part 4 of Article 4 of Chapter 122C of the General Statutes.
d.	Requirements of the federal government for grants-in-aid for mental health, developmental disabilities, alcohol or drug abuse programs which may be made available to local programs or the State. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
(2)	To adopt rules for the licensing of facilities for the mentally ill, developmentally disabled, and substance abusers, under Article 2 of Chapter 122C of the General Statutes.
(3)	To advise the Secretary of the Department of Human Resources regarding the need for, provision and coordination of education, prevention, intervention, treatment, rehabilitation and other related services in the areas of:
a.	Mental illness and mental health,
b.	Developmental disabilities,
c.	Alcohol abuse, and
d.	Drug abuse.
(4)	To review and advise the Secretary of the Department of Human Resources regarding all State plans required by federal or State law and to recommend to the Secretary any changes it thinks necessary in those plans; provided, however, for the purposes of meeting State plan requirements under federal or State law, the Department of Human Resources is designated as the single State agency responsible for administration of plans involving mental health, developmental disabilities, alcohol abuse, and drug abuse services.
(5)	To adopt rules relating to the registration and control of the manufacture, distribution, security, and dispensing of controlled substances as provided by G.S. 90-100.
(6)	To adopt rules to establish the professional requirements for staff of licensed facilities for the mentally ill, developmentally disabled, and substance abusers. Such rules may require that one or more, but not all staff of a facility be either licensed or certified. If a facility has only one professional staff, such rules may require that that individual be licensed or certified. Such rules may include the recognition of professional certification boards for those professions not licensed or certified under other provisions of the General Statutes provided that the professional certification board evaluates applicants on a basis which protects the public health, safety or welfare.
(7)	Except where rule making authority is assigned under that Article to the Secretary of the Department of Human Resources, to adopt rules to implement Article 3 of Chapter 122C of the General Statutes.
(8)	To adopt rules specifying procedures for waiver of rules adopted by the Commission.
(9)	To adopt rules for the certification of providers of employee assistance programs, as provided by Article 2A of Chapter 122C of the General Statutes."
Sec. 3.  Chapter 122C of the General Statutes is amended by adding a new Article 2A to read:
"ARTICLE 2A.
"Certification of Providers of Employee Assistance Programs.
"§ 122C-35.  Purpose.
The purpose of this Article is to provide for certification of providers of employee assistance programs in order to ensure that the public has a means of protection from the unprofessional, improper, unauthorized, and unqualified use of certain titles by persons who provide employee assistance programs.
"§ 122C-36.  Employee Assistance Program defined.
An employee assistance program is a program, whether public or private, that is designed to assist in the identification and resolution of job performance problems in the workplace associated with employees impaired by personal concerns including health, marital, family, financial, alcohol, drug, legal, emotional, stress, or other personal concerns that may adversely affect employee job performance, but does not include a program provided by an employer for that employer's own employees and staffed within the organization.
"§ 122C-37.  Certification requirements.
(a)	A person, unless certified under this Article, shall not use a title or description such as 'certified provider of employee assistance program' or any other name, style, or description denoting that the person is a certified provider of employee assistance programs.  Nothing in this section prohibits any person from advertising the performance of employee assistance services, the persons from whom services may be obtained, and prices.
(b)	The Secretary shall make applications for certificates required by this section available, and each application filed with the Secretary shall contain all information requested by the Secretary.  A certificate shall be granted to the applicant upon a determination by the Secretary that the applicant has complied with the provisions of this Article and the rules adopted by the Commission pursuant to this Article.
(c)	The Secretary shall renew the certificate in accordance with the rules of the Commission.  Unless a certification has been suspended or revoked, the certification shall be valid for three years from the date of issuance.
(d)	The Commission shall adopt rules to implement the provisions of this Article.
"§ 122C-38.  Adverse action on a certificate.
The Secretary may deny, suspend, or revoke a certificate in any case in which the Secretary finds that there has been a substantial failure to comply with any provision of this Article, other applicable statutes, or any applicable rule.  Actions under this section and appeals of those actions shall be in accordance with rules of the Commission and Chapter 150B of the General Statutes.
"§ 122C-39.  Fees.
A fee of one hundred dollars ($100.00) shall be charged to each applicant.  The fee shall be payable by the applicant at the time of the filing of the application.
"§ 122C-40.  Violations.
Any person not certified as a provider of employee assistance programs under this Article who holds out to be or advertises as a certified provider of employee assistance programs commits an infraction, and, if the person is found responsible, a penalty of not more than three hundred dollars ($300.00) may be imposed.
"§ 122C-41.  Injunction as an additional remedy.
The Secretary may proceed in superior court to enjoin or restrain any person from violating this Article.  The Secretary shall not be required to post bond in connection with this proceeding."
Sec. 4.  This act becomes effective July 1, 1994, and applies to programs offered on or after that date and infractions committed on or after that date.