GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-390
HOUSE BILL 815
AN ACT to amend the definition of chemical dependency treatment facility to provide that social setting detoxification facilities and medical detoxification facilities are not chemical dependency treatment facilities for the purposes of certificate of need requirements and to amend the definition of chemical dependency treatment bed to provide that beds licensed for detoxification are not chemical dependency treatment beds for the purposes of certificate of need requirements; AND TO PROVIDE THAT SOCIAL SETTING DETOXIFICATION FACILITIES AND MEDICAL DETOXIFICATION FACILITIES SHALL NOT DENY ADMISSION OR TREATMENT TO AN IN INDIVIDUAL ON THE BASIS OF THE INDIVIDUAL'S INABILITY TO PAY.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 131E-176(5a) reads as rewritten:
"(5a) "Chemical dependency treatment facility" means a public or private facility, or unit in a facility, which is engaged in providing 24-hour a day treatment for chemical dependency or substance abuse. This treatment may include detoxification, administration of a therapeutic regimen for the treatment of chemically dependent or substance abusing persons and related services. The facility or unit may be:
a. A unit within a general hospital or an attached or freestanding unit of a general hospital licensed under Article 5, Chapter 131E, of the General Statutes,
b. A unit within a psychiatric hospital or an attached or freestanding unit of a psychiatric hospital licensed under Article 1A of General Statutes Chapter 122 or Article 2 of General Statutes Chapter 122C,
c. A
freestanding facility specializing in treatment of persons who are substance
abusers or chemically dependent licensed under Article 1A of General Statutes
Chapter 122 or Article 2 of General Statutes Chapter 122C; and may be
identified as "chemical dependency, substance abuse, alcoholism, or drug
abuse treatment units," "residential chemical dependency, substance
abuse, alcoholism or drug abuse facilities," "social setting
detoxification facilities" and "medical detoxification
facilities," or by other names if the purpose is to provide treatment
of chemically dependent or substance abusing persons, but shall not include social
setting detoxification facilities, medical detoxification facilities,
halfway houses or recovery farms."
SECTION 2. G.S. 131E-176(5b) reads as rewritten:
"(5b) "Chemical dependency
treatment beds" means beds that are licensed for detoxification or for
the inpatient treatment of chemical dependency. Residential treatment beds for
the treatment of chemical dependency or substance abuse are chemical dependency
treatment beds. Chemical dependency treatment beds shall not include beds
licensed for detoxification."
SECTION 3. G.S. 122C-23 is amended by adding the following new subsection to read:
"§ 122C-23. Licensure.
…
(h) A social setting detoxification facility or medical detoxification facility subject to licensure under this Chapter shall not deny admission or treatment to an individual based solely on the individual's inability to pay."
SECTION 4. This act is effective when it becomes law. Section 3 of this act applies to social setting detoxification facilities and medical detoxification facilities licensed on and after the effective date of this act.
In the General Assembly read three times and ratified this the 18th day of July, 2003.
s/ Beverly E. Perdue
President of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 5:22 p.m. this 7th day of August, 2003