A BILL TO BE ENTITLED
AN ACT TO require THAT CERTAIN REPORTS BE MADE TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON Mental Health, Developmental Disabilities, and Substance Abuse Services.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 122C‑5 reads as rewritten:
"§ 122C‑5.  Report on restraint and seclusion.
The Secretary shall report annually on October 1 to the  Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services on the following for the immediately preceding fiscal year:
(1)	The level of compliance of each facility with applicable State and federal laws, rules, and regulations governing the use of restraints and seclusion. The information shall indicate areas of highest and lowest levels of compliance.
(2)	The total number of facilities that reported deaths under G.S. 122C‑31, the number of deaths reported by each facility, the number of deaths investigated pursuant to G.S. 122C‑31, and the number found by the investigation to be related to the use of restraint or seclusion."
SECTION 2.  G.S. 131D‑42 reads as rewritten:
"§ 131D‑42.  Report on use of restraint.
The Department shall report annually on October 1 to the  Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services the following for the immediately preceding fiscal year:
(1)	The level of compliance of each adult care home with applicable State law and rules governing the use of physical restraint and physical hold of residents. The information shall indicate areas of highest and lowest levels of compliance.
(2)	The total number of adult care homes that reported deaths under G.S. 131D‑34.1, the number of deaths reported by each facility, the number of deaths investigated pursuant to G.S. 131D‑34.1, and the number found by the investigation to be related to the adult care home's use of physical restraint or physical hold."
SECTION 3.  G.S. 131D‑10.6(10) reads as rewritten:
"§ 131D‑10.6.  Powers and duties of the Department.
In addition to other powers and duties prescribed by law, the Department shall exercise the following powers and duties:
…
(10)	Report annually on October 1 to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services the level of facility compliance with applicable State law governing the use of restraint and time‑out in residential child‑care facilities. The report shall also include the total number of facilities that reported deaths under this section, the number of deaths reported by each facility, the number of deaths investigated pursuant to this section, and the number found by the investigation to be related to the use of physical restraint or time‑out."
SECTION 4.  Article 27 of Chapter 120 of the General Statutes is amended by adding the following new section to read:
"§ 120-243. Reports to Committee.
Whenever the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, is required by law to report to the General Assembly or to any of its permanent committees or subcommittees on matters affecting mental health, developmental disabilities, and substance abuse services, the Department shall transmit a copy of the report to the cochairs of the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services."
SECTION 5.  This act is effective when it becomes law.