GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 744

Short Title:  Rest Hm. Penalty/Patient Unattended.	(Public)

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Sponsors: Representatives Clary; Baker, Bowie, Buchanan, Cansler, Capps, Cummings, Davis, Decker, Dickson, Earle, Eddins, Hiatt, Justus, Kiser, Linney, McAllister, McComas, K. Miller, Pate, Pulley, Reynolds, Sexton, Sharpe, Shubert, Snowden, Weatherly, Wilkins, and G. Wilson.

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Referred to:  Welfare, Reform and Human Resources, if favorable, Judiciary I.

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April 3, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT A DOMICILIARY CARE FACILITY FOUND ON INSPECTION TO HAVE LEFT A PATIENT UNATTENDED TO HAVE LICENSE REVOKED AND TO BE PLACED UNDER TEMPORARY MANAGEMENT PENDING ANY APPEAL.
The General Assembly of North Carolina enacts:
Section 1.  Article 1 of Chapter 131D of the General Statutes is amended by inserting a new section to read:
"§ 131D-2.1.  License revoked for leaving patient unattended; temporary management pending appeal.
(a)	If, during any inspection pursuant to G.S. 131D-2(b), any inspector whether from the Division of Facility Services or the department of social services observes any instance in which a patient is left unattended by appropriate trained staff, that inspector shall immediately commence the process prescribed in G.S. 131D-2(b) for revocation of the facility's license.
(b)	The Department of Human Resources shall ensure that, as soon as the license revocation process is begun, the facility is placed under temporary management pursuant to Article 4 of this Chapter pending any appeal of the revocation."
Sec. 2.  This act becomes effective October 1, 1995, and applies to revocation processes begun because of inspections occurring on or after that date.