A BILL TO BE ENTITLED
AN ACT requiring the department of health and human services, division of mental health, developmental disabilities, and substance abuse services, to develop and establish a statewide telepsychiatry program.
The General Assembly of North Carolina enacts:
SECTION 1.  By no later than June 1, 2013, the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, shall develop and submit a plan for implementation of a statewide telepsychiatry program to the Senate Appropriations Committee on Health and Human Services, the House Appropriations Subcommittee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services. The plan shall be substantially similar to the Albemarle Hospital Foundation telepsychiatry program currently operating in 12 hospitals in eastern North Carolina and include at least all of the following:
(1)	Specific steps to be taken by the Department, within a specified time period, to establish and administer the program statewide.
(2)	Program costs and rates of payment for telepsychiatry services.
(3)	Recommendations for addressing liability issues related to participation in telepsychiatry.
SECTION 2.  There is appropriated from the General Fund to the Department Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of two million dollars ($2,000,000) for the 2013‑2014 fiscal year and the sum of two million dollars ($2,000,000) for the 2014‑2015 fiscal year. These funds shall be used for the following purposes:
(1)	To establish and administer the statewide telepsychiatry program authorized in G.S. 122C‑20.5 of the General Statutes.
(2)	To purchase needed telepsychiatry equipment for State‑owned hospitals participating in the statewide telepsychiatry program.
(3)	To contract with an outside vendor for management of the statewide telepsychiatry program.
SECTION 3.  Chapter 122C of the General Statutes is amended by adding a new Article to read:
"Article 1B.
"Statewide Telepsychiatry Program.
"§ 122C‑20.5.  Department to establish statewide telepsychiatry program.
(a)	The following definitions apply in this section:
(1)	Consultant Site. – The site at which the consulting provider is physically located at the time the consulting provider delivers the acute mental health or substance abuse care by means of telepsychiatry.
(2)	Referring site. – The emergency department at which the patient is physically located.
(3)	Telepsychiatry. – The delivery of acute mental health or substance abuse care, including diagnosis or treatment, by means of two‑way real‑time interactive audio or video by a consulting provider at a consultant site to an individual patient at a referring site. The term does not include the standard use of telephones, facsimile transmissions, unsecured electronic mail, or a combination of these in the course of care.
(4)	Consulting provider. – A physician or other health care provider licensed in this State to provide acute mental health or substance abuse care.
(b)	The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall establish a statewide telepsychiatry program that allows referring sites to utilize consulting providers at a consultant site to provide timely psychiatric assessment and rapid initiation of treatment for patients at the referring site experiencing an acute mental health or substance abuse crisis.
(c)	The Commission shall adopt rules necessary to implement this section. The rules shall specify at least all of the following:
(1)	Requirements to ensure the health and safety of patients.
(2)	Participation and equipment requirements for consultant sites, consulting providers, and referring sites.
(3)	Rates of payment for telepsychiatry services.
(d)	The Department shall periodically evaluate the effectiveness of the statewide telepsychiatry program."
SECTION 4.  Section 2 of this act becomes effective July 1, 2013. Section 3 of this act becomes effective January 1, 2014. The remainder of this act is effective when it becomes law.