OPIOID EPIDEMIC RESPONSE ACT. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 325 (Public) Filed Monday, March 11, 2019
AN ACT REMOVING THE REQUIREMENT THAT BUPRENORPHINE PRESCRIBERS REGISTER WITH THE STATE, IN ADDITION TO REGISTERING WITH THE FEDERAL GOVERNMENT; DECRIMINALIZING THE USE OF DRUG TESTING EQUIPMENT TO DETECT CONTAMINANTS; BROADENING THE OBJECTIVES OF SYRINGE EXCHANGE PROGRAMS TO ENCOMPASS REDUCING THE NUMBER OF DRUG OVERDOSES IN THE STATE; AND REMOVING THE BAN ON THE USE OF STATE FUNDS TO PURCHASE CERTAIN SUPPLIES.
Intro. by Dobson, White, Barnes, Black.

Status: Ch. SL 2019-159 (Jul 22 2019)

SOG comments (2):

Identical bill

Identical to S 302, filed 3/19/19.

Long title change

Senate committee substitute to the 2nd edition changed the long title.  Original title was AN ACT AUTHORIZING ADULT CARE HOMES TO USE SERVICE PLANS COMPLETED AS THE RESULT OF A MEDICAID PERSONAL CARE SERVICES ASSESSMENT TO FULFILL THE ACTIVITIES OF DAILY LIVING PORTION OF THE REQUIRED SERVICE PLANS OR CARE PLANS FOR ADULT CARE HOME RESIDENTS.

Bill History:

H 325/S.L. 2019-159

Bill Summaries:

  • Summary date: Jul 22 2019 - More information

    AN ACT REMOVING THE REQUIREMENT THAT BUPRENORPHINE PRESCRIBERS REGISTER WITH THE STATE, IN ADDITION TO REGISTERING WITH THE FEDERAL GOVERNMENT; DECRIMINALIZING THE USE OF DRUG TESTING EQUIPMENT TO DETECT CONTAMINANTS; BROADENING THE OBJECTIVES OF SYRINGE EXCHANGE PROGRAMS TO ENCOMPASS REDUCING THE NUMBER OF DRUG OVERDOSES IN THE STATE; AND REMOVING THE BAN ON THE USE OF STATE FUNDS TO PURCHASE CERTAIN SUPPLIES. SL 2019-159. Enacted July 22, 2019. Effective July 22, 2019.


  • Summary date: Jun 20 2019 - More information

    Senate committee substitute to the 2nd edition deletes the contents of the previous edition and replaces it with the following.

    Part I repeals GS 90-101(a1), which required physicians who prescribe buprenorphine to annually register with the Department of Health and Human Services (DHHS).

    Part II

    Amends GS 90-113.22 and GS 90-113.22A, concerning the possession of paraphernalia and marijuana paraphernalia, explicitly providing that (1) it is not unlawful for a person who introduces a controlled substance into his or her body or intends to do so, to knowingly use or to possess with the intent to use testing equipment for identifying or analyzing the strength, effectiveness, or purity of the controlled substance or (2) a governmental or nongovernmental organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body. 

    Part III

    Amends GS 90-113.27, adding to the objectives of authorized needle and hypodermic syringe exchange programs, the goal to reduce the number of drug overdoses in the state. Eliminates the prohibition against the use of State funds to purchase needles, hypodermic syringes, or other injection supplies.

    Makes conforming changes to the act's titles. 


  • Summary date: Apr 15 2019 - More information

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

    Deletes the previously proposed changes to GS 131D-2.15 and now provides the following. Amends GS 131D-2.15 to remove the requirement of the Department of Health and Human Services (DHHS) to ensure that adult care home facilities conduct and complete a resident assessment annually subsequent to within 72 hours after admission. Now requires the facility to use an assessment instrument approved pursuant to rules adopted by the Medical Care Commission rather than approved by the Secretary upon the advice of the Director of the Division of Aging and Adult Services. Now requires the facility to conduct an assessment to develop appropriate and comprehensive service plans and care plans within 30 days of admission (was, to use the resident assessment to develop the plans, with no distinct time frame). Now permits a facility to use a service plan competed within 35 days of the resident's admission to the facility and represents the results of an assessment to determine the resident's eligibility for personal care services under the Medicaid State Plan to fulfill the activities of daily living portion of any service plan or care plan required under the statute, as amended, or any rules adopted under Article 1, Adult Care Homes; exempts such a facility from conducting an assessment of the resident's ability to perform activities of daily living within 30 days of resident admission. Makes organizational and clarifying changes to the statute.

    Modifies and adds to GS 90-288.14 regarding requirements for certification as an assisted living administrator. Adds the requirement of not having a substantiated finding of neglect, abuse, misappropriation of property, diversion of drugs, or fraud listed on the Health Care Personnel Registry under GS 131E-256. Now requires the applicant to have a high school diploma and to have either successfully completed the equivalent of two years of coursework at an accredited college or university or to have a minimum of 60 months of supervisory experience, or a combination of education and experience approved by DHHS (previously, did not specifically require a high school diploma and did not specify supervisory experience as an alternative for required coursework). Sets parameters for acceptable supervisory experience to mean having full-time, direct management responsibility, including some responsibility for hiring and firing, over the equivalent of at least two full-time employees with direct resident care responsibilities. Requires the supervisory experience to have been in a licensed adult care home or licensed nursing home within the seven years preceding the date of application. 


  • Summary date: Mar 11 2019 - More information

    Amends GS 131D-2.15 to clarify that the Department of Health and Human Services (DHHS) is required to ensure that adult care home facilities conduct and complete a resident assessment within 72 hours after admission and annually thereafter. Adds to the statute, permitting adult care home facilities to use a service plan that was completed as a result of an assessment to determine a resident's eligibility for personal care services under the Medicaid State Plan to fulfill the activities of daily living portion of any service or care plan required by the statute or any rules adopted under Article 1, GS Chapter 131D, concerning adult care homes. Makes clarifying and technical changes. 


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