AN ACT TO (1) ALLOW A CLERK OR ASSISTANT OR DEPUTY CLERK OF SUPERIOR COURT OR A MAGISTRATE TO ISSUE BY FACSIMILE OR ELECTRONIC MAIL TRANSMISSION AN INVOLUNTARY INPATIENT COMMITMENT CUSTODY ORDER TO A PETITIONING PHYSICIAN, ELIGIBLE PSYCHOLOGIST, OR DESIGNEE AT A TWENTY-FOUR-HOUR FACILITY WHEN THE RESPONDENT IS ALREADY PHYSICALLY PRESENT AT THE TWENTY-FOUR-HOUR FACILITY, (2) ESTABLISH PROTOCOLS FOR THE TRAINING OF PHYSICIANS, ELIGIBLE PSYCHOLOGISTS, OR DESIGNEES, AND (3) DIRECT THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REVIEW AND REVISE THE RULES DESIGNATING FACILITIES FOR THE CUSTODY AND TREATMENT OF INVOLUNTARY CLIENTS. Enacted July 18, 2013. Effective October 1, 2013.
Summary date: Jul 23 2013 - View summary
Bill H 635 (2013-2014)Summary date: Apr 24 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Makes clarifying and structural changes to GS 122C-261(d)(5). Also provides for the transmission of the custody order by means of facsimile or electronic transmission and makes conforming changes to the subsection accordingly.
Creates new GS 122C-261(d)(5b), providing that the Secretary of the Department of Health and Human Services (Secretary) must collaborate with the Administrative Office of the Courts and the UNC School of Government to develop training protocols and inform clerks and magistrates as to who has completed the training.
Makes a clarifying change to GS 122C-261(e).
Directs the Secretary to review and update its list of facilities that are designated as facilities for the custody and treatment of involuntary clients. The designation must include whether the entire unit or specific areas of the 24-hour facility is designated for such treatment and custody.
Bill H 635 (2013-2014)Summary date: Apr 9 2013 - View summary
Identical to S 687, filed 4/2/13.
Amends GS 122C-261(d), altering the format of the subsection to be further divided into subsections 1-7.
Amends GS 122C-261(d) to include subsection (5) allowing the clerk or magistrate to issue custody orders by facsimile transmission in specific situations to affiants meeting certain criteria. Upon receipt of custody orders, the physician or eligible psychologist must immediately (i) notify the respondent that the respondent is not under arrest and has not committed a crime but is being taken into custody to receive treatment and for the respondent's own safety and the safety of others, (ii) take the respondent into custody, and (iii) complete and sign the appropriate portion of the custody order and return the order to the clerk or magistrate by facsimile transmission. The original order must be mailed back to the clerk or magistrate no later than 5 days after transmitting it by facsimile. The term "designee" as used in subsection (5) includes the 24-hour facility's on-site police security personnel.
Amends GS 122C-261(e) to include an exception provided in subsection (d).
Effective October 1, 2013.