NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1123

HOUSE BILL 1351

 

 

AN ACT TO AUTHORIZE THE STATE DEPARTMENT OF MENTAL HEALTH TO ESTABLISH COMMUNITY-BASED PROGRAMS FOR THE TREATMENT AND PREVENTION OF DRUG ABUSE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Establishment of community-based drug abuse programs. The Commissioner of Mental Health is hereby authorized and directed to establish as the need arises and as funds permit, in areas to be designated by the Commissioner of Mental Health, community-based programs for the treatment and prevention of drug abuse. Such programs shall be as comprehensive as fiscal limitations permit and may include, but need not be limited to, the following services relative to the treatment and prevention of drug abuse: In-patient services, out-patient services, partial hospitalization, emergency services, consultation and education services, diagnostic services, rehabilitation services, pre-care and after-care services, training, and research and evaluation.

Sec. 2.  Funding of community-based drug abuse programs. Moneys appropriated to the State Department of Mental Health to be used for funding community-based drug abuse programs shall be allocated and expended in such manner as is provided in the act appropriating same.

Sec. 3.  Local mental health authorities to operate drug abuse programs. The local mental health authorities representing the areas selected by the Commissioner of Mental Health for the establishment of community-based drug abuse programs shall be responsible for the operation of such programs in accordance with standards set by the Commissioner of Mental Health governing the operation of community-based drug abuse programs. Failure to comply with these standards, as determined by the Commissioner of Mental Health, shall be grounds for the State Department of Mental Health to cease participating in the funding of the particular community-based drug abuse program. Where necessary or expedient the local mental health authority, or its administrative agent, may contract with other agencies, institutions, or resources for the provision of one or more of the services needed for the proper operation of the community-based drug abuse program, but it shall remain the responsibility of the local mental health authority to insure that such contracted services meet the standards as set by the Commissioner of Mental Health.

Sec. 4.  Selection of areas in which community-based drug abuse programs are to be established. As funds available to the State Department of Mental Health for such purpose permit, the Commissioner of Mental Health shall select areas in which there shall be established, pursuant to this Article, community-based drug abuse programs. One or more political subdivisions of the State may be included in such areas. In selecting areas in which such programs shall be established, the Commissioner of Mental Health shall give due consideration of the degree of need that an area has for the program, the availability of resources to serve the program, and the demonstrated desire of the local mental health authority serving the area to cooperate fully in making the program as comprehensive as possible.

Sec. 5.  Appropriation to Department of Mental Health for establishment of community-based drug abuse programs. There is hereby appropriated from the General Fund to the Department of Mental Health the sum of $500,000 for the biennium 1971-1973, including $200,000 for the first fiscal year beginning July 1, 1971, and $300,000 for the second fiscal year beginning July 1, 1972. Such funds may be expended in mental health areas for the establishment of community-based drug abuse programs pursuant to this act, during the biennium 1971-1973; except that $25,000 the first fiscal year and $25,000 the second fiscal year may be used by the Department of Mental Health to develop, direct, and coordinate departmental programs, maintain standards for operation, and assist in getting other sources of funding (federal, private and local). The funds hereby appropriated shall be expended in the selected areas in the following ratio: One State dollar to one local dollar for the approved drug abuse program budget. Where the actual expenditures of the local mental health authority are less than the approved budget, the State portion shall be determined by the actual expenditures rather than the approved budget. No State funds shall be spent on a program until the local mental health authority provides the necessary matching funds.

Sec. 6.  This act shall become effective on and after July 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.