FILED SENATE
Apr 2, 2019
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 556
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS15238-MUz-13
Short Title: GSC People First Language 2019. (Public)
Sponsors: Senators Edwards, Hise, and Perry (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO UPDATE STATUTES RELATING TO THE PROVISION OF SERVICES WITH
3 PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL
4 RETARDATION" TO "INTELLECTUAL DISABILITY" OR "INTELLECTUAL OR
5 OTHER DEVELOPMENTAL DISABILITY" AND TO MAKE FURTHER PEOPLE
6 FIRST LANGUAGE, TECHNICAL, AND CLARIFYING AMENDMENTS IN THOSE
7 STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
8 The General Assembly of North Carolina enacts:
9
10 PART I. PEOPLE FIRST LANGUAGE AMENDMENTS TO CHAPTER 122C OF THE
11 GENERAL STATUTES
12 SECTION 1. G.S. 122C-3 reads as rewritten:
13 "§ 122C-3. Definitions.
14 The following definitions apply in this Chapter:
15 (1) "Area authority" means the Area authority. – The area mental health,
16 developmental disabilities, and substance abuse authority.
17 (2) "Area board" means the Area board. – The area mental health, developmental
18 disabilities, and substance abuse board.
19 (2a) "Area director" means the Area director. – The administrative head of the area
20 authority program appointed pursuant to G.S. 122C-121.
21 (2b) "Board of county commissioners" includes Board of county commissioners. –
22 Includes the participating boards of county commissioners for multicounty
23 area authorities and multicounty programs.
24 (3) "Camp Butner reservation" means the Camp Butner reservation. – The
25 original Camp Butner reservation as may be designated by the Secretary as
26 having been acquired by the State and includes not only areas which are
27 owned and occupied by the State but also those which may have been leased
28 or otherwise disposed of by the State, and shall also include also includes
29 those areas within the municipal boundaries of the Town of Butner and that
30 portion of the extraterritorial jurisdiction of the Town of Butner consisting of
31 lands not owned by the State of North Carolina.
32 (4) "City" has the same meaning as City. – As defined in G.S. 153A-1(1).
33 (5) "Catchment area" means the Catchment area. – The geographic part of the
34 State served by a specific area authority or county program.
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1 (6) "Client" means an Client. – An individual who is admitted to and receiving
2 service from, or who in the past had been admitted to and received services
3 from, a facility.
4 (7) "Client advocate" means a Client advocate. – A person whose role is to
5 monitor the protection of client rights or to act as an individual advocate on
6 behalf of a particular client in a facility.
7 (8) "Commission" means the Commission. – The Commission for Mental Health,
8 Developmental Disabilities, and Substance Abuse Services, established under
9 Part 4 of Article 3 of Chapter 143B of the General Statutes.
10 (8a) "Commitment examiner" means a Commitment examiner. – A physician, an
11 eligible psychologist, or any health professional or mental health professional
12 who is certified under G.S. 122C-263.1 to perform the first examination for
13 involuntary commitment described in G.S. 122C-263(c) or G.S. 122C-283(c)
14 as required by Parts 7 and 8 of this Article.
15 (9) "Confidential information" means any Confidential information. – Any
16 information, whether recorded or not, relating to an individual served by a
17 facility that was received in connection with the performance of any function
18 of the facility. "Confidential information" does not include statistical
19 information from reports and records or information regarding treatment or
20 services which is shared for training, treatment, habilitation, or monitoring
21 purposes that does not identify clients either directly or by reference to
22 publicly known or available information.
23 (9a) "Core services" are services Core services. – Services that are necessary for
24 the basic foundation of any service delivery system. Core services are of two
25 types: front-end service capacity such as screening, assessment, and
26 emergency triage, and indirect services such as prevention, education, and
27 consultation at a community level.
28 (10) "County of residence" of a client means the County of residence. – The county
29 of his a client's domicile at the time of his or her admission or commitment to
30 a facility. A county of residence is not changed because an individual is
31 temporarily out of his or her county in a facility or otherwise.
32 (10a) "County program" means a County program. – A mental health,
33 developmental disabilities, and substance abuse services program established,
34 operated, and governed by a county pursuant to G.S. 122C-115.1.
35 (11) "Dangerous to self or others" means:Dangerous to self or others. –
36 a. "Dangerous to self" means that within Dangerous to self. – Within the
37 relevant past:past, the individual has done any of the following:
38 1. The individual has acted in such a way as to show:show all of
39 the following:
40 I. That he The individual would be unable, without care,
41 supervision, and the continued assistance of others not
42 otherwise available, to exercise self-control, judgment,
43 and discretion in the conduct of his the individual's
44 daily responsibilities and social relations, or to satisfy
45 his the individual's need for nourishment, personal or
46 medical care, shelter, or self-protection and safety;
47 andsafety.
48 II. That there There is a reasonable probability of his the
49 individual's suffering serious physical debilitation
50 within the near future unless adequate treatment is
51 given pursuant to this Chapter. A showing of behavior
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1 that is grossly irrational, of actions that the individual
2 is unable to control, of behavior that is grossly
3 inappropriate to the situation, or of other evidence of
4 severely impaired insight and judgment shall create a
5 prima facie inference that the individual is unable to
6 care for himself; orhimself or herself.
7 2. The individual has attempted suicide or threatened suicide and
8 that there is a reasonable probability of suicide unless adequate
9 treatment is given pursuant to this Chapter; orChapter.
10 3. The individual has mutilated himself or herself or has
11 attempted to mutilate himself or herself and that there is a
12 reasonable probability of serious self-mutilation unless
13 adequate treatment is given pursuant to this Chapter.
14 Previous episodes of dangerousness to self, when applicable, may be
15 considered when determining reasonable probability of physical
16 debilitation, suicide, or self-mutilation.
17 b. "Dangerous to others" means that within Dangerous to others. –
18 Within the relevant past, the individual has inflicted or attempted to
19 inflict or threatened to inflict serious bodily harm on another, or has
20 acted in such a way as to create a substantial risk of serious bodily
21 harm to another, or has engaged in extreme destruction of property;
22 and that there is a reasonable probability that this conduct will be
23 repeated. Previous episodes of dangerousness to others, when
24 applicable, may be considered when determining reasonable
25 probability of future dangerous conduct. Clear, cogent, and convincing
26 evidence that an individual has committed a homicide in the relevant
27 past is prima facie evidence of dangerousness to others.
28 (11a) "Day/night service" means a Day/night service. – A service provided on a
29 regular basis, in a structured environment that is offered to the same individual
30 for a period of three or more hours within a 24-hour period.
31 (12) "Department" means the Department. – The North Carolina Department of
32 Health and Human Services.
33 (12a) "Developmental disability" means a Developmental disability. – A severe,
34 chronic disability of a person which:that satisfies all of the following:
35 a. Is attributable to a mental or physical impairment or combination of
36 mental and physical impairments;impairments.
37 b. Is manifested before the person attains age 22, unless the disability is
38 caused by a traumatic head injury and is manifested after age 22;22.
39 c. Is likely to continue indefinitely;indefinitely.
40 d. Results in substantial functional limitations in three or more of the
41 following areas of major life activity: self-care, receptive and
42 expressive language, capacity for independent living, learning,
43 mobility, self-direction self-direction, and economic self-sufficiency;
44 andself-sufficiency.
45 e. Reflects the person's need for a combination and sequence of special
46 interdisciplinary, or generic care, treatment, or other services which
47 are of a lifelong or extended duration and are individually planned and
48 coordinated; orcoordinated.
49 f. When applied to children from birth through four years of age, may be
50 evidenced as a developmental delay.
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1 When applied to children from birth through four years of age, a
2 developmental disability may be evidenced as a developmental delay.
3 (13) "Division" means the Division. – The Division of Mental Health,
4 Developmental Disabilities, and Substance Abuse Services of the Department.
5 (13a) Repealed by Session Laws 2000-67, s. 11.21(c), effective July 1, 2000.
6 (13a1) Recodified as subdivision (13c).
7 (13b) Recodified as subdivision (13d).
8 (13c) "Eligible infants and toddlers" means children Eligible infants and toddlers. –
9 Children with or at risk for developmental delays or atypical development
10 until:until all of the following have occurred:
11 a. They have reached their third birthday;birthday.
12 b. Their parents have requested to have them receive services in the
13 preschool program for children with disabilities established under
14 Article 9 of Chapter 115C of the General Statutes; andStatutes.
15 c. They have been placed in the program by the local educational agency.
16 In no event shall a child be considered an eligible toddler after the beginning
17 of the school year immediately following the child's third birthday, unless the
18 Secretary and the State Board enter into an agreement under
19 G.S. 115C-106.4(c) [G.S. 115C-107.1(c)].G.S. 115C-107.1(c).
20 The early intervention services that may be provided for these children
21 and their families include early identification and screening, multidisciplinary
22 evaluations, case management services, family training, counseling and home
23 visits, psychological services, speech pathology and audiology, and
24 occupational and physical therapy. All evaluations performed as part of early
25 intervention services shall be appropriate to the individual child's age and
26 development.
27 (13d) "Eligible psychologist" means a Eligible psychologist. – A licensed
28 psychologist who has at least two years' clinical experience. After January 1,
29 1995, "eligible psychologist" means a licensed psychologist who holds
30 permanent licensure and certification as a health services provider
31 psychologist issued by the North Carolina Psychology Board.
32 (14) "Facility" means any Facility. – Any person at one location whose primary
33 purpose is to provide services for the care, treatment, habilitation, or
34 rehabilitation of the mentally ill, the developmentally disabled, individuals
35 with mental illnesses or intellectual or other developmental disabilities or
36 substance abusers, and includes:includes all of the following:
37 a. An "area facility", facility," which is a facility that is operated by or
38 under contract with the area authority or county program. For the
39 purposes of this subparagraph, a contract is a contract, memorandum
40 of understanding, or other written agreement whereby the facility
41 agrees to provide services to one or more clients of the area authority
42 or county program. Area facilities may also be licensable facilities in
43 accordance with Article 2 of this Chapter. A State facility is not an
44 area facility;facility.
45 b. A "licensable facility", facility," which is a facility for one or more
46 minors or for two or more adults that provides services to individuals
47 who are mentally ill, developmentally disabled, have mental illnesses
48 or intellectual or other developmental disabilities or are substance
49 abusers for one or more minors or for two or more adults. abusers.
50 These services shall be day services offered to the same individual for
51 a period of three hours or more during a 24-hour period, or residential
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1 services provided for 24 consecutive hours or more. Facilities for
2 individuals who are substance abusers include chemical dependency
3 facilities;facilities.
4 c. A "private facility", facility," which is a facility that is either a
5 licensable facility or a special unit of a general hospital or a part of
6 either in which the specific service provided is not covered under the
7 terms of a contract with an area authority;authority.
8 d. The psychiatric service of the University of North Carolina Hospitals
9 at Chapel Hill;Hill.
10 e. A "residential facility", facilit