NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 400

HOUSE BILL 760

 

 

AN ACT TO DEFINE THE STATUS OF AREA MENTAL HEALTH BOARDS AND TO CLARIFY THE MEMBERSHIP THEREOF.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 122-35.20(b) as the same appears in the 1974 Cumulative Supplement to Volume 3B of the General Statutes is hereby amended and rewritten to read:

"(b)      In areas consisting of only one county with a population of 275,000 or more, the board of county commissioners may serve as the area mental health board, or they shall appoint all members of the area mental health board. In areas consisting of more than one county where the population is less than 275,000, 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. In areas consisting of only one county where the population is less than 275,000, the board of county 377 commissioners shall appoint all of the members of the area mental health board."

Sec. 2.  G.S. 122-35.20(c)(4) is hereby amended and rewritten to read:

"(4)      At least three representatives from local citizen organizations to include one each from those active in areas of alcohol and drug dependency, mental health, and mental retardation."

Sec. 3.  G.S. 122-35.20(e) is hereby amended and rewritten to read:

"(e)       Subject to the rules, regulations and standards of the commission for mental health services, 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 dependency, and related fields, and for developing jointly with the State Department of Human Resources 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. Area mental health boards are local political subdivisions created jointly by county or counties and the North Carolina Commission for Mental Health Services, and employees thereof are local employees; however, for the purpose of personnel administration Chapter 126 shall be applicable."

Sec. 4.  G.S. 122-35.20 is hereby amended by adding a new subsection "(f)" as follows:

"(f)       This plan shall include an inventory of existing services provided by the area program for the mentally ill, mentally retarded, alcoholic and drug abuser; services to be provided these groups during the next fiscal year; and projected services for these groups during the following four years. The annual plan shall indicate the expenditure of all State funds for each service provided, separate from other federal and local funds. The annual plan of each area shall include a specific contractual or services plan for relating to the State mental hospital, center for the mentally retarded, and/or alcoholic rehabilitation center located within the area's mental health region. Before funds are provided to area programs, counties, municipalities, or other local mental health departments, such annual plans shall be submitted to and approved by the Department of Human Resources."

Sec. 5.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 26th day of May, 1975.