A BILL TO BE ENTITLED
AN ACT to amend the Mental Health, Developmental Disabilities, and Substance Abuse Services statutes and to rename Mental Health, Developmental Disabilities, and Substance Abuse Services facilities.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 122C‑3 is amended by adding the following new subdivisions to read:
"(13e)	'Eligible clinical social worker.' – A licensed Clinical Social Worker who is licensed by the North Carolina Social Work Certification and Licensure Board and has successfully completed a training course and passed an examination pertaining to the first level commitment examinations described in G.S. 122C‑261 through G.S. 122C‑263 and G.S. 122C‑281 through G.S. 122C‑283. The Secretary of Health and Human Services shall adopt rules pertaining to a uniform training curriculum and examination. The eligible clinical social worker must have 24-hour access to supervision from a physician or eligible psychologist and must consult with and document the receipt of approval of the physician or eligible psychologist prior to releasing an individual from a commitment petition. This consultation may be via voice, video, or face to face.
(13f)	'Eligible psychiatric nurse.' – A Psychiatric‑Mental Health Clinical Nurse Specialist in Advanced Practice or a Psychiatric‑Mental Health Nurse Practitioner who is licensed by the North Carolina Board of Nursing and has successfully completed a training course and passed an examination pertaining to the first level commitment examinations described in G.S. 122C‑261 through G.S. 122C‑263 and G.S. 122C‑281 through G.S. 122C‑283. The Secretary of Health and Human Services shall adopt rules pertaining to a uniform training curriculum and examination. The eligible psychiatric nurse must have 24-hour access to supervision from a physician or eligible psychologist and must consult with and document the receipt of approval of the physician or eligible psychologist prior to releasing an individual from a commitment petition. This consultation may be via voice, video, or face to face.
(13g)	'Eligible clinical addictions specialist.' – A masters level Licensed Clinical Addictions Specialist who is licensed as such by the North Carolina Substance Abuse Professional Practice Board and has successfully completed a training course and passed an examination pertaining to the first level commitment examinations described in G.S. 122C‑261 through G.S. 122C‑263 and G.S. 122C‑281 through G.S. 122C‑283. The Secretary of Health and Human Services shall adopt rules pertaining to a uniform training curriculum and examination. The eligible clinical addictions specialist must have 24-hour access to supervision from a physician or eligible psychologist and must consult with and document receipt of approval of the physician or eligible psychologist prior to releasing an individual from a commitment petition. This consultation may be via voice, video, or face to face."
SECTION 1.(b)  G.S. 122C‑112.1 is amended by adding the following new subdivisions to read:
"(34)	Develop and adopt rules to implement a standardized statewide fee schedule and sliding fee scale policy for implementation by LMEs and providers.
(35)	Adopt rules to standardize processes of mental health, developmental disabilities, and substance abuse services providers and ensure that LMEs monitor and provide technical assistance to providers in accordance with these rules."
SECTION 2.  G.S. 122C‑146 reads as rewritten:
"§ 122C‑146.  Fee for service.
The area authority and its contractual agencies shall  implement the standardized fee schedule and sliding fee scale policy developed by the Secretary for services and shall make every reasonable effort to collect appropriate reimbursement for costs in providing these services from individuals or entities able to pay, including insurance and third‑party payment, except that individuals may not be charged for free services, as required in "The Amendments to the Education of the Handicapped Act", P.L. 99‑457, provided to eligible infants and toddlers and their families. This exemption from charges does not exempt insurers or other third‑party payors from being charged for payment for these services, if the person who is legally responsible for any eligible infant or toddler is first advised that the person may or may not grant permission for the insurer or other payor to be billed for the free services. However, no individual may be refused services because of an inability to pay. All funds collected from fees from area authority operated services shall be used for the fiscal operation or capital improvements of the area authority's programs. The collection of fees by an area authority may not be used as justification for reduction or replacement of the budgeted commitment of local tax revenue. All funds collected from fees by contractual provider agencies shall be used to provide services to target population consumers."
SECTION 3.  G.S. 122C‑181(a) reads as rewritten:
"(a)	Except as provided in subsection (b) of this section, the Secretary shall operate the following facilities:
(1)	Psychiatric Hospitals:
a.	Cherry Hospital;
		a1.	Central Regional Hospital; and
	
b1.	Broughton Hospital.
(2)	Developmental Centers:a.	Caswell Developmental Center;
	c.	Murdoch Developmental Center; and
c1.	J. Iverson Riddle Developmental Center.
		(3)	Alcohol and Drug Treatment Centers:a.	Walter B. Jones Alcohol and Drug Abuse Treatment Center;
	
b1.	R.J. Blackley Alcohol and Drug Abuse Treatment Center; andc.	Julian F. Keith Alcohol and Drug Abuse Treatment 
	Center.
(4)	Neuro‑Medical Treatment Centers:			a1.	Wilson Neuro‑Medical Treatment Center;
b1.	Black Mountain Neuro‑Medical Treatment Center; and
c1.	O'Berry Neuro‑Medical Treatment Center.
(5)	Residential Programs for Children:
a.	Whitaker School; and
b.	Wright School."
SECTION 4.(a)  G.S. 122C‑205(d) reads as rewritten:
"§ 122C‑205.  Return of clients to 24‑hour facilities.
…
(d)	In the situations described in subsections (a) and (b) of this section, the responsible professional shall also notify or cause to be notified as soon as practicable:
(1)	The next of kin of the client or legally responsible person for the client;
(2)	The clerk of superior court of the county of commitment of the client;
(3)	The area authority of the county of residence of the client, if appropriate;
(4)	The physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist who performed the first examination for a commitment of the client, if appropriate; and
(5)	Any official who has placed a detainer on a client as described in subdivision (a)(5) of this section
of the escape or breach of condition of the client's release upon occurrence of either action and of his subsequent return to the facility."
SECTION 4.(b)  G.S. 122C‑261 reads as rewritten:
"§ 122C‑261.  Affidavit and petition before clerk or magistrate when immediate hospitalization is not necessary; custody order.
(a)	Anyone who has knowledge of an individual who is mentally ill and either (i) dangerous to self, as defined in G.S. 122C‑3(11)a., or dangerous to others, as defined in G.S. 122C‑3(11)b., or (ii) in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness, may appear before a clerk or assistant or deputy clerk of superior court or a magistrate and execute an affidavit to this effect, and petition the clerk or magistrate for issuance of an order to take the respondent into custody for examination by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist. The affidavit shall include the facts on which the affiant's opinion is based. If the affiant has knowledge or reasonably believes that the respondent, in addition to being mentally ill, is also mentally retarded, this fact shall be stated in the affidavit. Jurisdiction under this subsection is in the clerk or magistrate in the county where the respondent resides or is found.
(b)	If the clerk or magistrate finds reasonable grounds to believe that the facts alleged in the affidavit are true and that the respondent is probably mentally ill and either (i) dangerous to self, as defined in G.S. 122C‑3(11)a., or dangerous to others, as defined in G.S. 122C‑3(11)b., or (ii) in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness, the clerk or magistrate shall issue an order to a law enforcement officer or any other person authorized under G.S. 122C‑251 to take the respondent into custody for examination by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist.
If the clerk or magistrate finds that, in addition to probably being mentally ill, the respondent is also probably mentally retarded, the clerk or magistrate shall contact the area authority before issuing a custody order and the area authority shall designate the facility to which the respondent is to be taken for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist. The clerk or magistrate shall provide the petitioner and the respondent, if present, with specific information regarding the next steps that will occur for the respondent.
(c)	If the clerk or magistrate issues a custody order, the clerk or magistrate shall also make inquiry in any reliable way as to whether the respondent is indigent within the meaning of G.S. 7A‑450. A magistrate shall report the result of this inquiry to the clerk.
(d)	If the affiant is a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist, the affiant may execute the affidavit before any official authorized to administer oaths. This affiant is not required to appear before the clerk or magistrate for this purpose. This affiant shall file the affidavit with the clerk or magistrate by delivering to the clerk or magistrate the original affidavit or a copy in paper form that is printed through the facsimile transmission of the affidavit. If the affidavit is filed through facsimile transmission, the affiant shall mail the original affidavit no later than five days after the facsimile transmission of the affidavit to the clerk or magistrate to be filed by the clerk or magistrate with the facsimile copy of the affidavit. This affiant's examination shall comply with the requirements of the initial examination as provided in G.S. 122C‑263(c). If the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist recommends outpatient commitment and the clerk or magistrate finds probable cause to believe that the respondent meets the criteria for outpatient commitment, the clerk or magistrate shall issue an order that a hearing before a district court judge be held to determine whether the respondent will be involuntarily committed. The physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall provide the respondent with written notice of any scheduled appointment and the name, address, and telephone number of the proposed outpatient treatment physician or center. If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist recommends inpatient commitment and the clerk or magistrate finds probable cause to believe that the respondent meets the criteria for inpatient commitment, the clerk or magistrate shall issue an order for transportation to or custody at a 24‑hour facility described in G.S. 122C‑252. However, if the clerk or magistrate finds probable cause to believe that the respondent, in addition to being mentally ill, is also mentally retarded, the clerk or magistrate shall contact the area authority before issuing the order and the area authority shall designate the facility to which the respondent is to be transported. If a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist executes an affidavit for inpatient commitment of a respondent, a second physician shall be required to perform the examination required by G.S. 122C‑266.
(e)	Upon receipt of the custody order of the clerk or magistrate or a custody order issued by the court pursuant to G.S. 15A‑1003, a law enforcement officer or other person designated in the order shall take the respondent into custody within 24 hours after the order is signed, and proceed according to G.S. 122C‑263. The custody order is valid throughout the State.
(f)	When a petition is filed for an individual who is a resident of a single portal area, the procedures for examination by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist as set forth in G.S. 122C‑263 shall be carried out in accordance with the area plan. Prior to issuance of a custody order for a respondent who resides in an area authority with a single portal plan, the clerk or magistrate shall communicate with the area authority to determine the appropriate 24‑hour facility to which the respondent should be admitted according to the area plan or to determine if there are more appropriate resources available through the area authority to assist the petitioner or the respondent. When an individual from a single portal area is presented for commitment at a 24‑hour area or State facility directly, the individual may not be accepted for admission until the facility notifies the area authority and the area authority agrees to the admission. If the area authority does not agree to the admission, it shall determine the appropriate 24‑hour facility to which the individual should be admitted according to the area plan or determine if there are more appropriate resources available through the area authority to assist the individual. If the area authority agrees to the admission, further planning of treatment for the client is the joint responsibility of the area authority and the facility as prescribed in the area plan.
Notwithstanding the provisions of this section, in no event shall an individual known or reasonably believed to be mentally retarded be admitted to a State psychiatric hospital, except as follows:
(1)	Persons described in G.S. 122C‑266(b);
(2)	Persons admitted pursuant to G.S. 15A‑1321;
(3)	Respondents who are so extremely dangerous as to pose a serious threat to the community and to other patients committed to non‑State hospital psychiatric inpatient units, as determined by the Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or his designee; and
(4)	Respondents who are so gravely disabled by both multiple disorders and medical fragility or multiple disorders and deafness that alternative care is inappropriate, as determined by the Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or his designee.
Individuals transported to a State facility for the mentally ill who are not admitted by the facility may be transported by law enforcement officers or designated staff of the State facility in State‑owned vehicles to an appropriate 24‑hour facility that provides psychiatric inpatient care.
No later than 24 hours after the transfer, the responsible professional at the original facility shall notify the petitioner, the clerk of court, and, if consent is granted by the respondent, the next of kin, that the transfer has been completed.
(g)	After July 1, 2007, the Local Management Entities involved in the First Level Commitment Pilot Program, as specified in S.L. 2003‑178 will be able to continue operation under the guidelines of the Pilot until such time as administrative rules are adopted. The Secretary of Health and Human Services shall adopt rules pursuant to this section."
SECTION 4.(c)  G.S. 122C‑262(a), 122C‑262(b), and 122C‑262(c)  read as rewritten:
"§ 122C‑262.  Special emergency procedure for individuals needing immediate hospitalization.
(a)	Anyone, including a law enforcement officer, who has knowledge of an individual who is subject to inpatient commitment according to the criteria of G.S. 122C‑261(a) and who requires immediate hospitalization to prevent harm to self or others, may transport the individual directly to an area facility or other place, including a State facility for the mentally ill, for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist in accordance with G.S. 122C‑263(c).
(b)	Upon examination by the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist, if the individual meets the criteria required in G.S. 122C‑261(a), the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall so certify in writing before any official authorized to administer oaths. The certificate shall also state the reason that the individual requires immediate hospitalization. If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist knows or has reason to believe that the individual is mentally retarded, the certificate shall so state.
(c)	If the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist executes the oath, appearance before a magistrate shall be waived. The physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall send a copy of the certificate to the clerk of superior court by the most reliable and expeditious means. If it cannot be reasonably anticipated that the clerk will receive the copy within 24 hours, excluding Saturday, Sunday, and holidays, of the time that it was signed, the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall also communicate the findings to the clerk by telephone.
…"
SECTION 4.(d)  G.S. 122C‑263 reads as rewritten:
"§ 122C‑263.  Duties of law‑enforcement officer; first examination by  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist.(a)	Without unnecessary delay after assuming custody, the law enforcement officer or the individual designated by the clerk or magistrate under G.S. 122C‑251(g) to provide transportation shall take the respondent to an area facility for examination by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist; if a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist is not available in the area facility, the person designated to provide transportation shall take the respondent to any physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist locally available. If a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist is not immediately available, the respondent may be temporarily detained in an area facility, if one is available; if an area facility is not available, the respondent may be detained under appropriate supervision in the respondent's home, in a private hospital or a clinic, in a general hospital, or in a State facility for the mentally ill, but not in a jail or other penal facility.
(b)	The examination set forth in subsection (a) of this section is not required if:
(1)	The affiant who obtained the custody order is a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist who recommends inpatient commitment;
(2)	The custody order states that the respondent was charged with a violent crime, including a crime involving assault with a deadly weapon, and he was found incapable of proceeding; or
(3)	Repealed by Session Laws 1987, c. 596, s. 3.
In any of these cases, the law‑enforcement officer shall take the respondent directly to a 24‑hour facility described in G.S. 122C‑252.
(c)	The  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist described in subsection (a) of this section shall examine the respondent as soon as possible, and in any event within 24 hours, after the respondent is presented for examination. The examination shall include but is not limited to an assessment of the respondent's:
(1)	Current and previous mental illness and mental retardation including, if available, previous treatment history;
(2)	Dangerousness to self, as defined in G.S. 122C‑3(11)a. or others, as defined in G.S. 122C‑3(11)b.;
(3)	Ability to survive safely without inpatient commitment, including the availability of supervision from family, friends or others; and
(4)	Capacity to make an informed decision concerning treatment.
(d)	After the conclusion of the examination the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall make the following determinations:
(1)	If the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist finds that:
a.	The respondent is mentally ill;
b.	The respondent is capable of surviving safely in the community with available supervision from family, friends, or others;
c.	Based on the respondent's psychiatric history, the respondent is in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness as defined by G.S. 122C‑3(11); and
d.	The respondent's current mental status or the nature of the respondent's illness limits or negates the respondent's ability to make an informed decision to seek voluntarily or comply with recommended treatment.
The  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist finds shall so show on the examination report and shall recommend outpatient commitment. In addition the examining physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall recommend inpatient commitment, shall show the name, address, and telephone number of the proposed outpatient treatment physician or center. The person designated in the order to provide transportation shall return the respondent to the respondent's regular residence or, with the respondent's consent, to the home of a consenting individual located in the originating county, and the respondent shall be released from custody.
(2)	If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist  finds that the respondent is mentally ill and is dangerous to self, as defined in G.S. 122C‑3(11)a., or others, as defined in G.S. 122C‑3(11)b., the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall recommend inpatient commitment, and shall so show on the examination report. If, in addition to mental illness and dangerousness, the physician or eligible psychologist also finds that the respondent is known or reasonably believed to be mentally retarded, this finding shall be shown on the report. The law enforcement officer or other designated person shall take the respondent to a 24‑hour facility described in G.S. 122C‑252 pending a district court hearing. If there is no area 24‑hour facility and if the respondent is indigent and unable to pay for care at a private 24‑hour facility, the law enforcement officer or other designated person shall take the respondent to a State facility for the mentally ill designated by the Commission in accordance with G.S. 143B‑147(a)(1)a. for custody, observation, and treatment and immediately notify the clerk of superior court of this action.
In the event an individual known or reasonably believed to be mentally retarded is transported to a State facility for the mentally ill, in no event shall that individual be admitted to that facility except as follows:
a.	Persons described in G.S. 122C‑266(b);
b.	Persons admitted pursuant to G.S. 15A‑1321;
c.	Respondents who are so extremely dangerous as to pose a serious threat to the community and to other patients committed to non‑State hospital psychiatric inpatient units, as determined by the Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or his designee; and
d.	Respondents who are so gravely disabled by both multiple disorders and medical fragility or multiple disorders and deafness that alternative care is inappropriate, as determined by the Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or his designee.
Individuals transported to a State facility for the mentally ill who are not admitted by the facility may be transported by law enforcement officers or designated staff of the State facility in State‑owned vehicles to an appropriate 24‑hour facility that provides psychiatric inpatient care.
No later than 24 hours after the transfer, the responsible professional at the original facility shall notify the petitioner, the clerk of court, and, if consent is granted by the respondent, the next of kin, that the transfer has been completed.
(3)	If the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist finds that neither condition described in subdivisions (1) or (2) of this subsection exists, the proceedings shall be terminated. The person designated in the order to provide transportation shall return the respondent to the respondent's regular residence or, with the respondent's consent, to the home of a consenting individual located in the originating county and the respondent shall be released from custody.
(e)	The findings of the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist and the facts on which they are based shall be in writing in all cases. The  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall send a copy of the findings to the clerk of superior court by the most reliable and expeditious means. If it cannot be reasonably anticipated that the clerk will receive the copy within 48 hours of the time that it was signed, the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist  shall also communicate his findings to the clerk by telephone.
(f)	When outpatient commitment is recommended, the examining  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist, if different from the proposed outpatient treatment physician or center, shall give the respondent a written notice listing the name, address, and telephone number of the proposed outpatient treatment physician or center and directing the respondent to appear at the address at a specified date and time. The examining  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist before the appointment shall notify by telephone the designated outpatient treatment physician or center and shall send a copy of the notice and his examination report to the physician or center.
(g)	The  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist, at the completion of the examination, shall provide the respondent with specific information regarding the next steps that will occur."
SECTION 4.(e)  G.S. 122C‑264(a), 122C‑264(b), and 122C‑264(b1) read as rewritten:
"§ 122C‑264.  Duties of clerk of superior court and the district attorney.
(a)	Upon the clerk of superior court's receipt of a finding by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist  that the respondent meets the criteria of G.S. 122C‑263(d)(1) and that outpatient commitment is recommended, the clerk of superior court of the county where the petition was initiated, upon direction of a district court judge, shall calendar the matter for hearing and shall notify the respondent, the proposed outpatient treatment physician or center, and the petitioner of the time and place of the hearing. The petitioner may file a written waiver of his right to notice under this subsection with the clerk of court.
(b)	Upon receipt by the clerk of superior court of a finding by a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist that a respondent meets the criteria of G.S. 122C‑263(d)(2) and that inpatient commitment is recommended, the clerk of superior court of the county where the 24‑hour facility is located shall, after determination required by G.S. 122C‑261(c) and upon direction of a district court judge, assign counsel if necessary, calendar the matter for hearing, and notify the respondent, his counsel, and the petitioner of the time and place of the hearing. The petitioner may file a written waiver of his right to notice under this subsection with the clerk of court.
(b1)	Upon receipt by the clerk of superior court of a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist certificate that a respondent meets the criteria of G.S. 122C‑261(a) and that immediate hospitalization is needed pursuant to G.S. 122C‑262, the clerk of superior court of the county where the treatment facility is located shall submit the certificate to the Chief District Court Judge. The court shall review the certificate within 24 hours, excluding Saturday, Sunday, and holidays, for a finding of reasonable grounds in accordance with 122C‑261(b). The clerk shall notify the treatment facility of the court's findings by telephone and shall proceed as set forth in subsections (b), (c), and (f) of this section.
…"
SECTION 4.(f)  G.S. 122C‑265(a) reads as rewritten:
"(a)	If a respondent, who has been recommended for outpatient commitment by an examining  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist different from the proposed outpatient treatment physician or center, fails to appear for examination by the proposed outpatient treatment physician or center at the designated time, the physician or center shall notify the clerk of superior court who shall issue an order to a law‑enforcement officer or other person authorized under G.S. 122C‑251 to take the respondent into custody and take him immediately to the outpatient treatment physician or center for evaluation. The custody order is valid throughout the State. The law‑enforcement officer may wait during the examination and return the respondent to his home after the examination."
SECTION 4.(g)  G.S. 122C‑266(e) reads as rewritten:
"(e)	If the 24‑hour facility described in G.S. 122C‑252 or G.S. 122C‑262 is the facility in which the first examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist occurred and is the same facility in which the respondent is held, the second examination shall occur not later than the following regular working day."
SECTION 4.(h)  G.S. 122C‑273 (a)(2) reads as rewritten:
"(a)	Unless prohibited by Chapter 90 of the General Statutes, if the commitment order directs outpatient treatment, the outpatient treatment physician may prescribe or administer, or the center may administer, to the respondent reasonable and appropriate medication and treatment that are consistent with accepted medical standards.
…
 (2)	If the respondent fails to comply, but does not clearly refuse to comply, with all or part of the prescribed treatment after reasonable effort to solicit the respondent's compliance, the physician, the physician's designee, or the center may request the court to order the respondent taken into custody for the purpose of examination. Upon receipt of this request, the clerk shall issue an order to a law‑enforcement officer to take the respondent into custody and to take him immediately to the designated outpatient treatment physician or center for examination. The custody order is valid throughout the State. The law‑enforcement officer shall turn the respondent over to the custody of the physician or center who shall conduct the examination and then release the respondent. The law‑enforcement officer may wait during the examination and return the respondent to his home after the examination. An examination conducted under this subsection in which a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist determines that the respondent meets the criteria for inpatient commitment may be substituted for the first examination required by G.S. 122C‑263 if the clerk or magistrate issues a custody order within six hours after the examination was performed."
SECTION 4.(i)  G.S. 122C‑281 reads as rewritten:
"§ 122C‑281.  Affidavit and petition before clerk or magistrate; custody order.
(a)	Any individual who has knowledge of a substance abuser who is dangerous to himself or others may appear before a clerk or assistant or deputy clerk of superior court or a magistrate, execute an affidavit to this effect, and petition the clerk or magistrate for issuance of an order to take the respondent into custody for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist.
 The affidavit shall include the facts on which the affiant's opinion is based. Jurisdiction under this subsection is in the clerk or magistrate in the county where the respondent resides or is found.
(b)	If the clerk or magistrate finds reasonable grounds to believe that the facts alleged in the affidavit are true and that the respondent is probably a substance abuser and dangerous to himself or others, he shall issue an order to a law‑enforcement officer or any other person authorized by G.S. 122C‑251 to take the respondent into custody for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist.
(c)	If the clerk or magistrate issues a custody order, he shall also make inquiry in any reliable way as to whether the respondent is indigent within the meaning of G.S. 7A‑450. A magistrate shall report the result of this inquiry to the clerk.
(d)	If the affiant is a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist, he may execute the affidavit before any official authorized to administer oaths. He is not required to appear before the clerk or magistrate for this purpose. His examination shall comply with the requirements of the initial examination as provided in G.S. 122C‑283(c). If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist recommends commitment and the clerk or magistrate finds probable cause to believe that the respondent meets the criteria for commitment, he shall issue an order for transportation to or custody at a 24‑hour facility or release the respondent, pending hearing, as described in G.S. 122C‑283(d)(1). If a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist executes an affidavit for commitment of a respondent, a second qualified professional shall perform the examination required by G.S. 122C‑285.
(e)	Upon receipt of the custody order of the clerk or magistrate, a law‑enforcement officer or other person designated in the order shall take the respondent into custody within 24 hours after the order is signed. The custody order is valid throughout the State.
(f)	When a petition is filed for an individual who is a resident of a single portal area, the procedures for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist as set forth in G.S. 122C‑283(c) shall be carried out in accordance with the area plan. When an individual from a single portal area is presented for commitment at a facility directly, he may be accepted for admission in accordance with G.S. 122C‑285. The facility shall notify the area authority within 24 hours of admission and further planning of treatment for the individual is the joint responsibility of the area authority and the facility as prescribed in the area plan.
(g)	After July 1, 2007, the Local Management Entities involved in the First Level Commitment Pilot Program, as specified in S.L. 2003‑178, will be able to continue operation under the guidelines of the Pilot until such time as administrative rules are adopted. The Secretary of Health and Human Services shall adopt rules pursuant to this section."
SECTION 4.(j)  G.S. 122C‑282 reads as rewritten:
"§ 122C‑282.  Special emergency procedure for violent individuals.
When an individual subject to commitment under the provisions of this Part is also violent and requires restraint and when delay in taking him to a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist for examination would likely endanger life or property, a law‑enforcement officer may take the person into custody and take him immediately before a magistrate or clerk. The law‑enforcement officer shall execute the affidavit required by G.S. 122C‑281 and in addition shall swear that the respondent is violent and requires restraint and that delay in taking the respondent to a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist for an examination would endanger life or property.
If the clerk or magistrate finds by clear, cogent, and convincing evidence that the facts stated in the affidavit are true, that the respondent is in fact violent and requires restraint, and that delay in taking the respondent to a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist for an examination would endanger life or property, he shall order the law‑enforcement officer to take the respondent directly to a 24‑hour facility described in G.S. 122C‑252.
Respondents received at a 24‑hour facility under the provisions of this section shall be examined and processed thereafter in the same way as all other respondents under this Part."
SECTION 4.(k)  G.S. 122C‑283 reads as rewritten:
"§ 122C‑283.  Duties of law‑enforcement officer; first examination by  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist.(a)	Without unnecessary delay after assuming custody, the law‑enforcement officer or the individual designated by the clerk or magistrate under G.S. 122C‑251(g) to provide transportation shall take the respondent to an area facility for examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist; if a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist is not available in the area facility, he shall take the respondent to any  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist locally available. If a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist is not immediately available, the respondent may be temporarily detained in an area facility if one is available; if an area facility is not available, he may be detained under appropriate supervision, in his home, in a private hospital or a clinic, or in a general hospital, but not in a jail or other penal facility.
(b)	The examination set forth in subsection (a) of this section is not required if:
(1)	The affiant who obtained the custody order is a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist; or
(2)	The respondent is in custody under the special emergency procedure described in G.S. 122C‑282.
In these cases when it is recommended that the respondent be detained in a 24‑hour facility, the law‑enforcement officer shall take the respondent directly to a 24‑hour facility described in G.S. 122C‑252.
(c)	The  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist described in subsection (a) of this section shall examine the respondent as soon as possible, and in any event within 24 hours, after the respondent is presented for examination. The examination shall include but is not limited to an assessment of the respondent's:
(1)	Current and previous substance abuse including, if available, previous treatment history; and
(2)	Dangerousness to himself or others as defined in G.S. 122C‑3(11).
(d)	After the conclusion of the examination the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist shall make the following determinations:
(1)	If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist finds that the respondent is a substance abuser and is dangerous to himself or others, he shall recommend commitment and whether the respondent should be released or be held at a 24‑hour facility pending hearing and shall so show on [the] his examination report. Based on the recommendation of the physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist the law‑enforcement officer or other designated individual shall take the respondent to a 24‑hour facility described in G.S. 122C‑252 or release the respondent.
(2)	If the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist finds that the condition described in subdivision (1) of this subsection does not exist, the respondent shall be released and the proceedings terminated.
(e)	The findings of the  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist and the facts on which they are based shall be in writing in all cases. A copy of the findings shall be sent to the clerk of superior court by the most reliable and expeditious means. If it cannot be reasonably anticipated that the clerk will receive the copy within 48 hours of the time that it was signed, the physician or eligible psychologist shall also communicate his findings to the clerk by telephone."
SECTION 4.(l)  G.S. 122C‑284(a) reads as rewritten:
"(a)	Upon receipt by the clerk of superior court of the findings of a physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist that a respondent is a substance abuser and dangerous to himself or others and that commitment is recommended, the clerk of superior court of the county where the facility is located, if the respondent is held in a 24‑hour facility, or the clerk of superior court where the petition was initiated shall upon direction of a district court judge assign counsel, calendar the matter for hearing, and notify the respondent, his counsel, and the petitioner of the time and place of the hearing. The petitioner may file a written waiver of his right to notice under this subsection with the clerk of court."
SECTION 4.(m)  G.S. 122C‑285(b) reads as rewritten:
 "(b)	If the 24‑hour facility described in G.S. 122C‑252 is the facility in which the first examination by a  physician, eligible psychologist, eligible clinical social worker, eligible masters level psychiatric nurse, or eligible clinical addictions specialist occurred and is the same facility in which the respondent is held, the second examination must occur not later than the following regular working day."
SECTION 5.  This act is effective when it becomes law.