subchapter 26c – Other general rules

section .0100 – designation of facilities for the custody and treatment of involuntary clients

10a NCAC 26C .0101      SCOPE

(a)  The purpose of this Section is to establish procedures by which 24‑hour facilities may be designated as facilities for the custody and treatment of involuntary clients, pursuant to G.S. 122C‑252.

(b)  This Section applies to all those state facilities, 24‑hour facilities licensed under Chapter 122C of the General Statutes of North Carolina, and hospitals licensed under Chapter 131E of the General Statutes of North Carolina that wish to provide custody and treatment of those individuals involuntarily committed under Article 5, Parts 7 and 8 of Chapter 122C of the General Statutes.

(c)  Facilities that are licensed in accordance with G.S. 122C requirements in the following categories may request a designation to care for and treat individuals under petitions of involuntary commitment:

(1)           10A NCAC 27G .3100 Nonhospital Medical Detoxification for Individuals who are Substance Abusers;

(2)           10A NCAC 27G .5000 Facility Based Crisis for Individuals of all Disability Groups; and

(3)           10A NCAC 27G .6000 Inpatient Hospital Treatment for Individuals who have Mental Illness or Substance Abuse Disorders.

(d)  Clients affected include those persons who are mentally ill, individuals with mental retardation or developmental disabilities and accompanying behavior disorders, and substance abusers as defined in G.S. 122C‑3 who require custody and treatment before a district court hearing or after commitment.

(e)  Facilities designated as facilities for the custody and treatment of involuntary clients shall have adequate staffing and provide supervision to ensure the protection of the individual and the general public.

History Note:        Authority G.S. 122C‑252;

Temporary Rule Eff. January 1, 1986, for a Period of 32 Days to Expire on February 1, 1986;

Eff. February 1, 1986;

Amended Eff. March 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.