NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 470

SENATE BILL 606

 

 

AN ACT TO ENABLE THE NORTH CAROLINA BOARD OF MENTAL HEALTH TO ESTABLISH AREA MENTAL HEALTH PROGRAMS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 122 of the General Statutes is hereby amended by adding a new article to be designated Article 2C, and to read as follows:

"ARTICLE 2C.

"Establishment of Area Mental Health Programs.

"§ 122-35.18.  Definitions. — For purposes of this Article, the following definitions shall apply:

(1)        'Area' means a geographic entity consisting of one or more counties, or portions of one or more counties, designated by the Board of Mental Health as a basic unit for the development of mental health programs to serve the population of that geographic entity.

(2)        'Mental Health Program' means any services or activities, or combination thereof, for the diagnosis, treatment, care, or rehabilitation of mentally impaired persons or for the promotion of mental health, which is offered by or on behalf of the geographic entity established pursuant to this Article.

"§ 122-35.19.  Area mental health programs. — The North Carolina Board of Mental Health is authorized to establish area mental health programs. These shall be joint undertakings of the counties or portions thereof, included in the designated area, and the Department of Mental Health for the following purposes:

(1)        To develop area mental health programs, to consist of a combining and interrelationship of resources, personnel, and facilities of the Department of Mental Health and of the community mental health program to serve the population of the area designated pursuant to this Article. The area mental health program shall include, but not be limited to, programs for general mental health, mental disorder, mental retardation, alcoholism, drug dependence, and mental health education.

(2)        With the approval of the Department of Administration, to develop and test budgeting procedures for combining local and State grants-in-aid funds with a proportional share of funds appropriated for the operation of departmental facilities serving the population of the area. Provided that 'local funds' and 'State grants-in-aid' shall be defined and determined in accordance with the provisions of G.S. 122-35.11 and G.S. 122-35.12, and shall be unaffected by the addition of funds appropriated for the operation of State facilities.

(3)        To evaluate the effectiveness and efficiency of area mental health programs.

"§ 122-35.20.  Area mental health boards. — (a) In areas where area mental health programs are established in accordance with this Article, an area mental health board shall be appointed for each designated area. The area mental health board shall consist of 15 members and shall meet at least six times per year.

(b)        In areas consisting of only one county, the board of county commissioners shall appoint all of the members of the area mental health board. In areas consisting of more than one county, each board of county commissioners within the area shall appoint one commissioner as a member of the area mental health board. These members shall appoint the other members of the area mental health board in such a manner as to provide equitable area wide representation.

(c)        The area mental health board shall include:

(1)        at least one commissioner from each county;

(2)        at least two persons duly licensed to practice medicine in North Carolina;

(3)        at least one representative from the professional fields of psychology, or social work, or nursing, or religion;

(4)        at least three representatives from local citizen organizations active in mental health, or in mental retardation, or in alcoholism, or in drug dependence;

(5)        at least one representative from local hospitals or area planning organizations;

(6)        at least one attorney practicing in North Carolina.

(d)        Any member of an area mental health board who is a public official shall be deemed to be serving on the board in an ex officio capacity to his public office. The ex officio members shall serve to the end of their respective terms as public officials. The other members shall serve four-year terms, except that upon initial formation of an area mental health board, three members shall be appointed for one year, two members for two years, three members for three years, and all remaining members for four years.

(e)        Subject to the supervision, direction, and control of the State Board of Mental Health, the area mental health board shall be responsible for reviewing and evaluating the area needs and programs in mental health, mental impairment, mental retardation, alcoholism, drug dependence, and related fields, and for developing jointly with the State Department of Mental Health an annual plan for the effective development, use and control of State and local facilities and resources in a comprehensive program of mental health services for the residents of the area.

"§ 122-35.21.  Appointment of area mental health director. — The area mental health board of each area established pursuant to this Article shall appoint, with the approval of the Commissioner of Mental Health and the State Board of Mental Health, an area mental health director. The area mental health director shall be the employee of the area mental health program, responsible to the area mental health board for carrying out the policies and programs of the area mental health board, and of the State Board of Mental Health.

"§ 122-35.22. Clinical services. — All clinical services under an area mental health program shall be under the supervision of a person duly licensed to practice medicine in North Carolina."

Sec. 2.  This act shall become effective July 1, 1971.

In the General Assembly read three times and ratified, this the 1st day of June, 1971.