North Carolina § 122C-282 - Special emergency procedure for violent individuals.

§ 122C-282. Special emergency procedure for violent individuals.

When an individual subject to commitment under the provisions of this Part is also violent and requires restraint and when delay in taking the individual to a commitment examiner for examination would likely endanger life or property, a law enforcement officer may take the person into custody and take him or her immediately before a magistrate or clerk. The law enforcement officer shall execute the affidavit required by G.S. 122C-281 and in addition shall swear that the respondent is violent and requires restraint and that delay in taking the respondent to a commitment examiner for an examination would endanger life or property. If the clerk or magistrate finds by clear, cogent, and convincing evidence that the facts stated in the affidavit are true, that the respondent is in fact violent and requires restraint, and that delay in taking the respondent to a commitment examiner for an examination would endanger life or property, the clerk or magistrate shall order the law enforcement officer to take the respondent directly to a 24-hour facility described in G.S. 122C-252 . Respondents received at a 24-hour facility under the provisions of this section shall be examined and processed thereafter in the same way as all other respondents under this Part. History (1973, c. 726, s. 1; c. 1408, s. 1; 1985, c. 589, s. 2; c. 695, s. 2; 2018-33, s. 33.) Section set out twice. - The section above is effective October 1, 2019. For the section in effect until October 1, 2019, see the preceding section, also numbered G.S. 122C-282 . Temporary Waiver of Certain Mental Health Commitment Requirements. - Session Laws 2003-178, s. 1, as amended by Session Laws 2006-66, s. 10.27, Session Laws 2007-504, s. 1.1(a), Session Laws 2009-340, s. 3, Session Laws 2010-119, s. 1, and Session Laws 2010-123, s. 4.8, effective July 1, 2003, and expiring October 1, 2012, provides: "The Secretary of Health and Human Services may, upon request of an LME, waive temporarily the requirements of G.S. 122C-261 through G.S. 122C-263 and G.S. 122C-281 through G.S. 122C-283 pertaining to initial (first-level) examinations by a physician or eligible psychologist of individuals meeting the criteria of G.S. 122C-261(a) or G.S. 122C-281(a) , as applicable, as follows: "(1) The Secretary has received a request from an LME to substitute for a physician or eligible psychologist, a licensed clinical social worker, a masters level psychiatric nurse, or a masters level licensed clinical addictions specialist to conduct the initial (first-level) examinations of individuals meeting the criteria of G.S. 122C-261(a) or G.S. 122C-281(a) . The waiver shall be implemented on a pilot-program basis. The request from the LME shall specifically describe: "a. How the purpose of the statutory requirement would be better served by waiving the requirement and substituting the proposed change under the waiver. "b. How the waiver will enable the LME to improve the delivery or management of mental health, developmental disabilities, and substance abuse services. "c. How the services to be provided by the licensed clinical social worker, the masters level psychiatric nurse, or the masters level licensed clinical addictions specialist under the waiver are within each of these professional's scope of practice. "d. How the health, safety, and welfare of individuals will continue to be at least as well protected under the waiver as under the statutory requirement. "(2) The Secretary shall review the request and may approve it upon finding that: "a. The request meets the requirements of this section. "b. The request furthers the purposes of State policy under G.S. 122C-2 and mental health, developmental disabilities, and substance abuse services reform. "c. The request improves the delivery of mental health, developmental disabilities, and substance abuse services in the counties affected by the waiver and also protects the health, safety, and welfare of individuals receiving these services. "d. The duties and responsibilities performed by the licensed clinical social worker, the masters level psychiatric nurse, or the masters level licensed clinical addictions specialist are within the individual's scope of practice. "(3) The Secretary shall evaluate the effectiveness, quality, and efficiency of mental health, developmental disabilities, and substance abuse services and protection of health, safety, and welfare under the waiver. The Secretary shall send a report on the evaluation to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substances Abuse Services by October 1, 2009. The report shall include data gathered from all participating LMEs since the beginning of the pilot. "(4) The waiver granted by the Secretary under this section shall be in effect until October 1, 2012. "(5) The Secretary may grant a waiver under this section to up to 20 LMEs. "(6) In no event shall the substitution of a licensed clinical social worker, masters level psychiatric nurse, or masters level licensed clinical addictions specialist under a waiver granted under this section be construed as authorization to expand the scope of practice of the licensed clinical social worker, the masters level psychiatric nurse, or the masters level licensed clinical addictions specialist. "(7) The Department shall assure that staff performing the duties are trained and privileged to perform the functions identified in the waiver. The Department shall involve stakeholders including, but not limited to, the North Carolina Psychiatric Association, The North Carolina Nurses Association, National Association of Social Workers, The North Carolina Substance Abuse Professional Practice Board, North Carolina Psychological Association, The North Carolina Society for Clinical Social Work, and the North Carolina Medical Society in developing required staff competencies. "(8) The LME shall assure that a physician is available at all times to provide backup support to include telephone consultation and face-to-face evaluation, if necessary." Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006'." Session Laws 2006-66, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2006-2007 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2006-2007 fiscal year." Session Laws 2006-66, s. 28.6, is a severability clause. Session Laws 2007-504, s. 1.1(b), provides: "The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (LOC) shall review the report submitted by the Secretary under Section 1.1.(a) of this act. The LOC shall make recommendations to the 2010 Regular Session of the 2009 General Assembly regarding whether to extend the pilot, discontinue the pilot, or make the provisions of the pilot permanent and statewide." Session Laws 2010-119, s. 2, provides: "The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall expand its standardized certification training program to include refresher training for all certified providers and shall report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services on the participation rate of licensed clinical social worker, the master's level psychiatric nurse, or the master's level certified clinical addictions specialist in the pilot program and whether the program should include other licensed or certified health care professionals." Session Laws 2018-33, s. 46, made the amendment of this section by Session Laws 2018-33, s. 33, effective October 1, 2019, and applicable to proceedings initiated on or after that date. Effect of Amendments. - Session Laws 2018-33, s. 33, substituted "commitment examiner" for "physician or eligible psychologist" throughout; in the first paragraph, substituted "the individual" for "him" in the first sentence; in the second paragraph, substituted "the clerk or magistrate shall" for "he shall"; and made minor stylistic and gender neutral changes. For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1097 (1981).