North Carolina § 131E-5 - Title and purpose.

§ 131E-5. Title and purpose.

This Part shall be known and may be cited as the "Municipal Hospital Act." The purpose of this Part is to authorize municipalities to construct, operate and maintain hospitals and other facilities which furnish hospital, clinical and similar services to the people of this State. It is also the purpose of this Part to authorize municipalities to cooperate with other public and private agencies and with each other. Additionally, it is the purpose of this Part to authorize municipalities to accept assistance from State and federal agencies and from other sources. This Part provides an additional and alternative method for municipalities to establish facilities that furnish hospital, clinical and similar services. This Part shall not be regarded as repealing any powers now existing under any other law, either general, special or local. This Part shall be construed liberally to effect its purposes. History (1983, c. 775, s. 1.) Advisory Commission on Hospital Infection Control and Disclosure. - Pursuant to Session Laws 2011-266, ss. 2 and 2.4, the statutory requirements of the Advisory Commission on Hospital Infection Control and Disclosure, established by S.L. 2007-480, have been met and this body is no longer authorized to meet, provide recommendations, or operate in any capacity. Editor's Note. - Session Laws 1983, c. 775, which repealed former Chapter 131 of the General Statutes, in s. 3, provided: "Sec. 3. Notwithstanding the foregoing, any unit of government, or units of government acting jointly, that as of December 31, 1983, is operating a hospital or hospitals pursuant to Articles 2 or 2A of Chapter 131 of the General Statutes may continue to operate pursuant to the provisions of those Articles as they existed on December 31, 1983, to the extent that those Articles are inconsistent with this Chapter. However, a unit of government that has been operating a hospital pursuant to those Articles may choose to continue operations under the provisions of one of the Parts of Article 2 of this Chapter by adopting an appropriate resolution and by satisfying all other requirements of the relevant Part of Article 2 of this Chapter." Session Laws 1989, c. 283, ss. 1 and 2, effective June 12, 1989, amended G.S. 131-7. Chapter 131 was repealed by Session Laws 1983, c. 775, s. 1, effective January 1, 1984. However, Session Laws 1983, c. 775, s. 3 contained a savings provision for certain units of government. Session Laws 1989, c. 283, ss. 1 and 2, provided: "Section 1. G.S. 131-7, as it applies to hospitals continuing to operate under Article 2, Chapter 131 , of the North Carolina General Statutes pursuant to Section 3, Chapter 775 , of the 1983 Session Laws, is amended by rewriting the first sentence to read: 'Should a majority of the qualified voters upon the question be in favor of establishing such county, township, or town hospital, the governing body shall proceed at once to appoint seven trustees chosen from the citizens at large with reference to their fitness for such office, all residents of the county, township or town, who shall constitute a board of trustees for such public hospital." "Sec. 2. G.S. 131-7 is amended by deleting the phrase 'No practicing physician may serve as a trustee,' and substituting 'One practicing physician may serve as a trustee.'" Legal Periodicals. - For article, "The Obligation of North Carolina Municipalities and Hospital Authorities to Provide Uncompensated Hospital Care to the Medically Indigent," see 20 Wake Forest L. Rev. 317 (1984). For article, "A Localist Reading of Local Immigration Regulations," see 86 N.C.L. Rev. 1619 (2008).