GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 744
Committee Substitute Favorable 5/2/95

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

─────────────────────────────────────── 
Sponsors:

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

April 3, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT DOMICILIARY FACILITIES FOUND ON INSPECTION TO HAVE LEFT A RESIDENT UNATTENDED BE PENALIZED.
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.  Penalties.
(a)	The Department of Human Resources shall impose an administrative penalty in accordance with the provisions of G.S. 131D-34 if during any inspection pursuant to G.S. 131D-2(b) any inspector, whether from the Division of Facility Services or the local departments of social services, observes any instance in which a resident is left alone with no staff in attendance in the facility in which the resident resides.  Unless the Department uses its power under G.S. 131D-2(b) to revoke or summarily suspend the facility's license, the administrative penalties imposed for these violations shall be:
(1)	For the first violation the penalty shall not be less than one thousand dollars ($1,000).
(2)	For the second violation the penalty shall not be less than three thousand dollars ($3,000).
(3)	For the third violation the penalty shall not be less than five thousand dollars ($5,000).
(b)	The provisions of this section do not apply to developmentally disabled adult group and family care homes licensed under G.S. 131D when:
(1)	The client has been deemed capable of remaining alone in the home without supervision or for a specified time by a physician or qualified professional of the operating agency or area program, and
(2)	The approval is documented in the client's record."
Sec. 2.  This act becomes effective October 1, 1995, and applies to violations found during inspections occurring on or after that date.