NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 51

SENATE BILL 13

 

 

AN ACT TO AMEND CERTAIN SECTIONS OF THE GENERAL STATUTES TO PROVIDE FOR THE LICENSING OF NURSING HOMES BY THE STATE BOARD OF HEALTH RATHER THAN BY THE NORTH CAROLINA MEDICAL CARE COMMISSION AND THE STATE BOARD OF PUBLIC WELFARE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Subsection (3) entitled "Convalescent Home" and subsection 4 entitled "Same; Home for the Aged and Infirm Distinguished", of G.S. 131‑126.1 of Article 13A of Chapter 131 of the General Statutes are hereby repealed.

Sec. 2.  Subsection (15) of G.S. 108‑3, entitled "Powers and Duties of Board", of Article 1 of Chapter 108 of the General Statutes is hereby amended by striking out the words "Medical Care Commission under the provisions of G.S. 131‑126.1(3) unless the facility receives public welfare funds", as the same appears in lines 15 and 16 of said subsection, and inserting in lieu thereof "State Board of Health under the provisions of G.S. 130‑9(e)."

Sec. 3.  G.S. 130‑9, entitled "Powers and Duties of the State Board of Health", of Article 2 of Chapter 130 of the General Statutes is hereby amended by adding a new subsection immediately following subsection (d), to be designated subsection (e), and to read as follows:

"(e)        (1)      Licensing of Nursing Homes. The State Board of Health shall establish standards, provide rules and regulations for the operation of, and to inspect and license nursing homes as the same are hereinafter defined.

"(2)      Nursing Home Defined. For the purposes of this Section, a 'nursing home' is defined as an institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A 'nursing home' is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely ill and who do not usually require special facilities, such as an operating room X-ray facilities, laboratory facilities, and obstetrical facilities. A 'nursing home' provides care for persons who have remedial ailments or other ailments, for which medical and nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.

"(3)      Penalties. Any person establishing, conducting, managing, or operating any nursing home without a license shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.

"(4)      Home for the Aged and Infirm Distinguished. A 'home for the aged and infirm', usually designated as a boarding home, as distinguished from a 'nursing home' is a place for the care of aged and infirm persons whose principal need is a home with such sheltered and custodial care as their age and infirmities require. In such homes, medical care is only occasional or incidental, such as may be required in the home of any individual or family for persons who are aged and infirm. The residents of such homes will not, as a rule, have remedial ailments or other ailments for which continuing skilled planned medical and nursing care is indicated. A major factor which distinguishes these homes is that the residents may be given congregate services as distinguished from the individualization of medical care required in 'patient' care. A person may be accepted for sheltered or custodial care because of a disability which does not require continuing planned medical care, but which does make him unable to maintain himself in individual living arrangements. In further distinguishing between a 'nursing home' and a 'home for the aged and infirm', it is recognized that a 'nursing home' is not a place for the care of aged and infirm persons whose principal need is a home with such custodial and sheltered care as their age and infirmities require. In such 'nursing homes' medical care is not merely occasional and incidental, such as may be required in the home of any individual or family. The residents of these 'nursing homes' will, as a rule, have remedial ailments, or other ailments, for which continuing planned medical and skilled nursing care is indicated. A major factor which distinguishes these 'nursing homes' is that the residents will require the individualization of medical care required in 'patient' care."

Sec. 4.  G.S. 130‑11, entitled "Duties of the administrative staff of the State Board of Health", of Article 2 of Chapter 130 of the General Statutes is hereby amended by adding a new subsection immediately following subsection (12), to be designated subsection (13), and to read as follows:

"(13)    To perform the duties set forth in G.S. 130‑9(e) in accordance with rules and regulations established by the State Board of Health."

Sec. 4 1/2.  Nothing contained in this Act shall be applicable to any facility operated by, under the auspices of or in conjunction with any hospital required to be licensed by the North Carolina Medical Care Commission.

Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of March, 1961.