Bill Summary for H 635 (2013-2014)

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Bill: INVOLUNTARY COMMITMENT CUSTODY ORDERS.

Summary date: 

Apr 9 2013
S.L. 2013-308

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 635 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED 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.
Intro. by Lambeth, Conrad, Terry, Hanes.

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Bill 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.