GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    3

HOUSE BILL 425

Committee Substitute Favorable 3/30/17

Third Edition Engrossed 4/6/17

Short Title:      Improve Utilization of MH Professionals.	(Public)
Sponsors:
Referred to:

March 22, 2017

A BILL TO BE ENTITLED

AN ACT ALLOWING LICENSED CLINICAL ADDICTION SPECIALISTS TO FORM A PROFESSIONAL CORPORATION WITH A PHYSICIAN AND authorizing the secretary of health and human services to allow licensed professional counselors and Licensed marriage and family therapists to conduct initial (first‑level) examinations for the involuntary commitment of individuals with a mental illness or substance use disorder.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 55B‑14(c)(4) reads as rewritten:

"(4)      A physician, a licensed psychologist, a licensed clinical social worker, or each of them and a certified clinical specialist in psychiatric and mental health nursing, a licensed marriage and family therapist, a licensed professional counselor, a licensed clinical addictions specialist, or each of them, to render psychotherapeutic and related services that the respective stockholders are licensed, certified, or otherwise approved to provide."

SECTION 2.  G.S. 122C‑263.1(a) reads as rewritten:

"(a)      The Secretary of Health and Human Services may, upon request of an LME, waive 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 licensed professional counselor, a licensed marriage and family therapist, a master's level psychiatric nurse, or a master's level certified clinical addictions specialist in accordance with subdivision (8) of this subsection to conduct the initial (first‑level) examinations of individuals meeting the criteria of G.S. 122C‑261(a) or G.S. 122C‑281(a). In making this type of request, the LME shall specifically describe all of the following:

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 health, safety, and welfare of individuals will continue to be at least as well protected under the waiver as under the statutory requirement.

…

(5)        In no event shall the substitution of a licensed clinical social worker, licensed professional counselor, a licensed marriage and family therapist, master's level psychiatric nurse, or master's level certified 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 licensed professional counselor, the licensed marriage and family therapist, the master's level psychiatric nurse, or the master's level certified clinical addictions specialist.

…

(8)        A master's level certified clinical addiction addictions specialist shall only be authorized to conduct the initial examination of individuals meeting the criteria of G.S. 122C‑281(a).

(9) The professionals referenced in this subsection that are performing the examination shall not be related by blood or marriage to the individuals meeting the criteria for examination."

SECTION 3.  This act becomes effective October 1, 2017.