DHHS & OTHER REVISIONS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 168 (Public) Filed Wednesday, February 27, 2019
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ADDING A PSYCHIATRIC PHYSICIAN PRIVILEGE EXCEPTION TO CRIMES AGAINST JUVENILES REPORTING REQUIREMENTS.
Intro. by McKissick, Hise.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Jul 7 2020)

SOG comments (3):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIDIOL AND EXPANDING THE PERMISSIBLE USE OF CANNABIDIOL AS AN ALTERNATIVE TREATMENT TO CHRONIC CONDITIONS.

Long title change

Senate committee substitute to the 2nd edition changed the long title.  Original title was AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIS EXTRACT AND EXPANDING THE PERMISSIBLE USE OF CANNABIS EXTRACT AS AN ALTERNATIVE TREATMENT OF CHRONIC CONDITIONS.

Long title change

House committee substitute to the 4th edition changed the long title. Previous long title was AN ACT AMENDING THE EXEMPTION FOR USE OR POSSESSION OF CANNABIS EXTRACT AND EXPANDING THE PERMISSIBLE USE OF CANNABIS EXTRACT AS AN ALTERNATIVE TREATMENT OF CHRONIC CONDITIONS AND REPEALING THE SUNSET OF THE EPILEPSY ALTERNATIVE TREATMENT ACT.

Bill History:

S 168

Bill Summaries:

  • Summary date: Jul 7 2020 - More information

    The Governor vetoed the bill 7/07/20. The Governor's objections and veto message can be viewed here: https://webservices.ncleg.gov/ViewBillDocument/2019/8635/0/S168-BILL-NBC-8620


  • Summary date: Jun 26 2020 - More information

    Conference report makes the following changes to the 6th edition.

    Adds new Part II-A

    Amends Section 1.1 of SL 2019-192, as amended, to revise the appropriations schedule from federal block grants made to the Department of Health and Human Services (DHHS) for the 2019-21 fiscal biennium in amounts specified for the 2020-21 fiscal year for the following: Temporary Assistance for Needy Families (TANF) Funds; Social Services Block Grant; Low-Income Energy Assistance Block Grant; Child Care and Development Fund Block Grant; Mental Health Services Block Grant; Substance Abuse Prevention and Treatment Block Grant; Maternal and Child Health Block Grant; Preventive Health Services Block Grant; and Community Services Block Grant. Makes conforming adjustments to block grant totals and coordinating provisions. Adds new provisions as follows. Grants the Division of Social Services the authority to realign appropriated funds between the State-level services Low Income Energy Assistance Payments and Crisis Assistance Payments without prior consultation with the specified NCGA committee for the 2020-21 fiscal year only. Directs DHHS to develop and implement a centralized system to collect, track, analyze, monitor and disseminate performance, outputs and outcome data for the Community Services Block Grant Program and the Weatherization Assistance Program to replace the current software, with the project not continuing until the business case is approved by the Office of State Budget and Management and the State Chief Information Officer in the Enterprise Management Office's Touchdown System, at which time up to $119,486 in Low Income Energy Assistance funds and up to $358,458 in Community Service Block Grant funds can be budgeted for transfer for information technology projects for 2020-21. 


  • Summary date: Jun 25 2020 - More information

    Conference report to be summarized.


  • Summary date: Jun 24 2020 - More information

    House amendment makes the following changes to the 5th edition.

    Section 1.6

    Requires the Health and Human Services Secretary's work group charged with evaluating and making recommendations about updating the purpose, composition, powers, and duties of the Brain Injury Advisory Council, to specifically include representatives from Disability Rights North Carolina.


  • Summary date: Jun 24 2020 - More information

    House committee substitute makes the following changes to the 4th edition. Deletes the content of the 4th edition and replaces it with the following.

    Part I

    Section 1.1

    Amends GS 122C-3(12a) to define developmental disability to include a severe, chronic disability of a person that is attributable to a mental or physical impairment or combination of mental and physical impairments (rather than attributable to one or more impairments), among other existing criteria.

    Section 1.2

    Amends GS 122C-112.1(a)(34) to no longer require the Secretary of the Department of Health and Human Services (Secretary) to adopt rules to implement a co-payment graduated schedule to be used by LMEs and by specified contractual provider agencies. Instead, requires the Secretary to adopt a co-payment schedule for behavioral health services, intellectual and developmental disabilities services, and substance abuse disorder services based on the Medicaid co-payments for the services, to be used by LMEs and the specified contractual provider agencies. Makes conforming changes.

    Section 1.3

    Amends GS 122C-23(f) to specify that an appeal of a good cause waiver of the implementing rules of Article 2, GS Chapter 122C, regarding licensure of facilities for the mentally ill, developmentally disabled, and substance abusers must be filed as a contested case under Article 3 of GS Chapter 150B, which governs administrative hearings.

    Section 1.4

    Amends GS 122C-263.1 to authorize the Secretary to certify a licensed clinical mental health counselor, rather than a licensed professional counsellor, to perform first examinations for involuntary commitment, subject to existing specifications. Makes conforming changes.

    Section 1.5

    Amends Section 3F.1 of SL 2020-3, which authorizes the use of telehealth to conduct first and second involuntary commitment examinations regarding substance abuse disorders. Expands the authorization to allow for the use of telehealth equipment and procedures to conduct the first examination of a respondent required by GS 122C-263(a) to determine whether the respondent will be involuntarily committed due to mental illness.

    Section 1.6

    Directs the Secretary to convene a work group to evaluate and make recommendations about updating the purpose, composition, powers, and duties of the Brain Injury Advisory Council, as specified. Provides for the composition of the work group and requires the work group to report to the specified NCGA committee by March 1, 2021.

    Part II

    Section 2.1

    Makes technical corrections to GS 130A-248, regarding the regulation of food and lodging establishments.

    Section 2.2

    Amends GS 130A-280, regarding the scope of the regulation of public swimming pools, to include spas operating for display at temporary events in the defined scope of regulation.

    Section 2.3

    Amends GS 130A-382, modifying and expanding qualifications for appointment as a county medical examiner to include: retired physicians previously licensed to practice in the state (previously not included); physician assistants, nurse practitioners, or nurses licensed to practice in the state (previously did not specify NC licensed); emergency medical technical paramedics credentialed under GS 131E-159 (previously did not specify NC credentialed); medicolegal death investigators certified by the American Board of Medicolegal Death Investigators (previously not included); pathologists' assistants (previously not included); and licensed dentists (previously not included). Maintains that preference be given to physicians licensed to practice medicine in the State.

    Section 2.4

    Further, amends GS 130A-382 to authorize the Chief Medical Examiner to appoint temporary county medical examiners, as defined, to serve for the duration of a state of emergency declared by the Governor, the NCGA, or the governing body of a county or municipality. 

    Section 2.5

    Enacts GS 130A-386.5 to establish confidentiality for death investigation information and records provided to the Office of the Chief Medical Examiner (Office) or the Office's agents to the same extent of confidentiality the information and records had while in the possession of the city, county, or other public entity which provided them. Deems the information and records not public records when provided to the Office unless they otherwise constitute public records while in the possession of the city, county, or other public entity. 

    Part III

    Amends GS 14-318.6 as enacted in SL 2019-245, which makes failure to report crimes against juveniles a Class 1 misdemeanor. Specifies that the statute does not require a licensed psychiatrist with a privilege under specified state laws from reporting pursuant to the statute if that privilege prevents them from doing so. Provides for this provision to become effective on the date the act becomes law.

    Part IV

    Effective October 1, 2020, unless otherwise provided.

    Changes the act's titles.


  • Summary date: Apr 10 2019 - More information

    Senate amendment #1 makes the following changes to the 3rd edition.

    Adds to the proposed changes to GS 90-94.1 to also allow the possession or use of cannabis extract to treat a medical condition diagnosed by a neurologist for which currently available treatment options have been ineffective (was only expanded to treat autism, multiple sclerosis, Crohn's disease, or Mitochondrial disease, in addition to the already allowable treatment of intractable epilepsy). Makes conforming modifications to the proposed changes to Article 5G, GS Chapter 90, Alternative Treatment Act, to include patients who have been diagnosed with a medical condition for which currently available treatment options have been ineffective.


  • Summary date: Apr 3 2019 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the act's long title.

    Repeals Section 8.5 of SL 2015-154, which repeals Article 5G, Epilepsy Alternative Treatment Act, of GS Chapter 90, effective July 1, 2021. Effective December 1, 2019.


  • Summary date: Mar 20 2019 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Titles the act as "Bethany's Law."

    Further amends GS 90-94.1 (Exemption for use or possession of hemp extract), making the statute's provisions, as amended in the previous edition, apply to the use or possession of cannabis extract rather than hemp extract. Defines cannabis extract to mean an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that is composed of more than 0.3% tetrahydrocannabinol by weight and less than 0.9% tetrahydrocannabinol by weight, is composed of at least 5% cannabinoids other than tetrahydrocannabinol by weight, and contains no other pyschoactive substance. Makes conforming changes. 

    Further amends Article 5G of GS Chapter 90 to now refer to "cannabis extract" rather than "hemp extract."

    Makes clarifying changes to the definition of caregiver in GS 90-113.101.

    Makes GS 90-113.101(1)d applicable to caregivers who register on or after December 1, 2019. 

    Amends the act's long and short titles. 


  • Summary date: Feb 27 2019 - More information

    Amends GS 90-94.1 to also allow the possession or use of hemp extract to treat autism, multiple sclerosis, Crohn's disease, or Mitochondrial disease, in addition to the already allowable treatment of intractable epilepsy.

    Amends Article 5G of GS Chapter 90 as follows. Expands the purpose of the act so that it is to allow the use of hemp extract as an alternative treatment for intractable epilepsy, autism, multiple sclerosis, Crohn's disease, and Mitochondrial disease (was, only intractable epilepsy) and renames the act as the Alternative Treatment Act to reflect the expansion. Make conforming changes to the stated General Assembly findings. Makes additional conforming changes throughout the Article to reflect the expanded allowable uses.

    Expands the definition of caregiver to also include a nurse employed by a licensed home health agency, and any other caregiver of a patient who meets the already specified criteria. Expands upon the items that must be included in the neurologist's statement that the caregiver must posses, to add a statement that the patient's condition has not responded to three or more treatment options overseen by the neurologist or by a physician with whom the neurologist has consulted about the patient's condition. Also expands on the statement to allow the patient to be examined and under the care of the neurologist or a physician who has consulted with the neurologist. Adds and defines the term physician.

    Amends the information that must be contained in the database registry, to also require the name, address, and hospital affiliation of any physician with whom the neurologist consults about the patient's condition in making the recommendation for hemp extract treatment. Makes conforming changes.

    Effective December 1, 2019.


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