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The Daily Bulletin: 2017-04-07
PUBLIC/HOUSE BILLS
H 564 (201 7-2018) REVISE 1 VC LAWS TO IMPROVE BEHAVIORAL HEALTH. Filed Apr 4 20 1 7, AN ACT REVISING THE LAWS
PERTAINING TO INVOLUNTARY COMMITMENT IN ORDER TO IMPROVE THE DELIVERY OF BEHAVIORAL HEAL TH SERVICES
IN NORTH CAROLINA.
Amends GS 122C-3 (containing definitions for the Mental Health. Developmental Disabilities, and Substance Abuse Act of
1985). Adds and defines the terms commitment examiner; incapable; and outpatient treatment physician or center. Amends the
definitions for legally responsible adult and local management entity, which is now defined as an area authority (was, area
authority, county program, or consolidated human sendees agency). Deletes the term program director.
Amends GS 122C-4, providing that, in GS Chapter 122C, whenever the phrase 'client or the legally responsible person' is used,
and the client is an incapable adult who has not been adjudicated incompetent under GS Chapter 35A. the duty or right involved
must be exercised by a health care agent named pursuant to a valid health care power of attorney if one exists, or by the client as
expressed in a valid advance instruction for mental health treatment not by the client. Establishes that if no health care power of
attorney or advance instruction for mental health treatment exists, the legally responsible person for an incapable adult has not
been adjudicated incompetent under GS Chapter 35A must be one of the persons listed in subdivisions (3) through (7) of GS 90-
21.13(c), selected based on die priority indicated in diose subdivisions. The persons listed in GS 90-21. 13(c), subdivisions (3)
through (7), in order of priority, include: ( 1 ) an attorney-in-fact, with powers to make health care decisions for the patient,
appointed by die patient pursuant to Article 1 or Article 2 of GS Chapter 32A. to the extent of the authority granted; (2) the
patient's spouse; (3) a majority of the patient's reasonably available parents and children who are at least 1 8 years of age; (4) a
majority of the patient's reasonably available siblings who are at least 1 8 years of age; and (5) an individual who has an
established relationship with the patient, who is acting in good faidi on behalf of the patient, and who can reliably convey die
patient's wishes. Makes organizational changes. Makes conforming changes to the statute's title and existing language, making the
language gender neutral.
Amends GS 122C-53 (concerning exceptions to client confidentiality), allowing a facility to disclose the fact of admission or
discharge of a client and the time and location of the admission or discharge to the client's next of kin whenever the responsible
professional determines diat the disclosure is in the best interest of the client (currently, does not expressly permit the disclosure
of the time and location information). Makes language gender neutral in subsections (a), (c), (d), (e), (f). and (g). Makes
clarifying and technical changes to subsection (f).
Amends GS 122C-54, permitting die disclosure of confidential client information when disclosure is ordered by a court of
competent jurisdiction, or for purposes of filing a petition for involuntary commitment or for the adjudication of incompetency
and appointment of a guardian or interim guardian. Modifies subsection (c) to specify that the certified copies of written exam
results required to be furnished by the facility to the client's counsel, the attorney representing the State's interest, and the court
includes examinations by physicians and other medical and court records (currently, only examinations by physicians and
records) in the cases of clients voluntarily admitted or involuntarily committed and facing district court hearings or hearings under
Article 5 of the Chapter (Procedure for Admission and Discharge of Clients). Adds provision to require the client's counsel to
have access to any medical or court records the client's counsel deems relevant to the court proceeding, and establishes that the
client's counsel is not required to obtain the client's consent in order to access any medical or court records of the client. Deletes
tire provision establishing that the court with jurisdiction over the matter is to determine the relevance of confidential information
for which disclosure is sought in a particular case. Amends subsection (d) to provide that an individual who is or has been a
respondent in a proceeding pursuant to Article 5 be provided the court records of the proceeding upon submitting a written
request to the clerk of superior court in the county in which the proceeding is pending. Directs the clerk to take reasonable and
appropriate measures to verily the identity of the individual making the request. Directs the respondent's legally responsible
person to exercise the respondent's right to access the court records if the respondent is a minor or an incompetent adult at the
time of the request. Makes conforming changes to clarify that the respondent in an Article 5 proceeding is not required to file a
