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NC H564
Bill
Status
4/4/2017
Primary Sponsor
Joshua Dobson
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AI Summary
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Expands who can conduct first commitment examinations beyond physicians and eligible psychologists to include certified licensed clinical social workers, nurse practitioners, licensed professional counselors, and physician assistants, subject to Department of Health and Human Services certification and training requirements.
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Establishes "commitment examiners" as a defined professional role and requires LME/MCOs to adopt community crisis services plans identifying examination sites, transportation providers, and training for personnel involved in involuntary commitment proceedings.
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Clarifies distinction between "incapable" adults (lacking capacity to make treatment decisions but not adjudicated incompetent) and "incompetent" adults, and creates new procedures for voluntary admission and treatment of incapable adults through advance instructions for mental health treatment or health care powers of attorney.
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Modifies custody and transportation procedures to allow LME/MCOs and other entities besides law enforcement to provide transportation, requires use of least restrictive restraint measures, and clarifies immunity protections for facilities and examiners following accepted professional standards.
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Allows district court hearings in commitment cases to be conducted by audio and video transmission between treatment facilities and courtrooms, subject to chief district court judge approval and respondent's right to object and receive in-person hearing.
Legislative Description
Revise IVC Laws to Improve Behavioral Health
Last Action
Ref To Com On Health
4/6/2017