Bill Summary for S 168 (2019-2020)

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Summary date: 

Jun 24 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 168 (Public) Filed Wednesday, February 27, 2019
Intro. by McKissick, Hise.

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Bill summary

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.