H.B. 484
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 27, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30191-NI-130
Short Title: Mental Health Confidential Info. Disclosure. (Public)
Sponsors: Representative Blackwell.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MODIFY THE LAW PERTAINING TO THE RELEASE OF CONFIDENTIAL
3 INFORMATION BY MENTAL HEALTH PROVIDERS TO CONFORM TO FEDERAL
4 REGULATIONS.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 122C-53(a) reads as rewritten:
7 "(a) A facility may disclose confidential information if the client or the legally responsible
8 person consents in writing to the release of the information to a specified person. This release is
9 valid for a specified length of time and which is subject to revocation by the consenting
10 individual. A written release that contains the core elements for authorizations as set forth in
11 Subpart E of Part 164 of Title 45 of the Code of Federal Regulations shall be valid for the
12 purposes of this subsection."
13 SECTION 2. The Division of Mental Health, Developmental Disabilities, and
14 Substance Abuse Services of the Department of Health and Human Services (the "Division")
15 shall adopt temporary rules to implement this act. The temporary rules shall remain in effect until
16 permanent rules that replace the temporary rules become effective.
17 SECTION 3. This act is effective October 1, 2023, and applies to releases of
18 information consented to on or after that date.
*DRH30191-NI-130*


Statutes affected:
Filed: 122C-53
Edition 1: 122C-53
Edition 2: 122C-53
Ratified: 122C-53
SL 2023-95: 122C-53