Bill Text: NC H302 | 2011-2012 | Regular Session | Enrolled
Bill Title: Charitable Licensing Exemption Clarification
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2012-06-11 - Ch. SL 2012-15 [H302 Detail]
Download: North_Carolina-2011-H302-Enrolled.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
HOUSE BILL 302
RATIFIED BILL
AN ACT to broaden the exemption from Charitable licensing requirements for certain nonProfit adult residential treatment facilities and to Extend the sunset on A waiver relating to ALTERNATIVE STAFFING REQUIREMENTS FOR FACILITIES THAT USE ELECTRONIC SUPERVISION DEVICES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 122C‑22 reads as rewritten:
"§ 122C‑22. Exclusions from licensure; deemed status.
(a) The following are excluded from the provisions of this Article and are not required to obtain licensure under this Article:
(1) Physicians and psychologists engaged in private office practice;
(2) General hospitals licensed under Article 5 of Chapter 131E of the General Statutes, that operate special units for the mentally ill, developmentally disabled, or substance abusers;
(3) State and federally operated facilities;
(4) Adult care homes licensed under Chapter 131D of the General Statutes;
(5) Developmental child care centers licensed under Article 7 of Chapter 110 of the General Statutes;
(6) Persons subject to licensure under rules of the Social Services Commission;
(7) Persons subject to rules and regulations of the Division of Vocational Rehabilitation Services;
(8) Facilities that provide occasional respite care for not more than two individuals at a time; provided that the primary purpose of the facility is other than as defined in G.S. 122C‑3(14);
(9) Twenty‑four‑hour nonprofit facilities established for the purposes of shelter care and recovery from alcohol or other drug addiction through a 12‑step, self‑help, peer role modeling, and self‑governance approach;
(10) Inpatient chemical dependency or substance abuse facilities that provide services exclusively to inmates of the Department of Correction, as described in G.S. 148‑19.1; and
(11) A charitable, nonprofit,
faith‑based, adult residential treatment facility that does not receive
any federal or State funding and is part of an international organization
serving at least 50 countries that helps persons ages 18 through 40 overcome
life‑controlling problems and is a religious organization exempt from
federal income tax under section 501(a) of the Internal Revenue Code.
…."
SECTION 2. Section 4 of S.L. 2009‑490 reads as rewritten:
"SECTION 4. The
Department of Health and Human Services, Division of Health Service Regulation
shall establish a pilot program to study the use of electronic supervision
devices as an alternative means of supervision during sleep hours at facilities
for children and adolescents who have a primary diagnosis of mental illness
and/or emotional disturbance. The pilot program shall be implemented at a
facility currently authorized to waive the requirement set forth in 10A NCAC
27G .1704(c) or any related or subsequent rule or regulation by the Commission
for Mental Health, Developmental Disabilities, and Substance Abuse Services
setting minimum overnight staffing requirements. The waiver shall remain in
effect until December 31, 2012; December 31, 2015; however, the
Division reserves the right to rescind the waiver if, at the time of the
facility's license renewal, there are outstanding deficiencies that have
remained uncorrected upon follow‑up survey, that are related to
electronic supervision."
SECTION 3. This act becomes effective July 1, 2012.
In the General Assembly read three times and ratified this the 6th day of June, 2012.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
_____________________________________
Beverly E. Perdue
Governor
Approved __________.m. this ______________ day of ___________________, 2012
