reglab/housing_qa huggingface dataset:
NC Gen Stat § 122C-28.1 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders.|§ 122C-28.1 - Facilities in violation of this Article.

 122C-28.1. Facilities in violation of this Article.(a) If the Department has directed a facility not licensed under this Article that is providing services requiring a license under this Article to cease and desist from engaging in any act or practice in violation of this Article, then the Department shall conduct a follow-up visit to determine if the Secretary may issue a cease and desist order pursuant to G.S. 122C-27, unless a cease and desist order has already been issued.(b) The district attorney's office with jurisdiction over the facility shall collect information on the total amount of fines collected pursuant to G.S. 122C-28 and report that information to the Department.  (2021-77, s. 7.1(a).)
NC Gen Stat § 122C-29 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders.|§ 122C-29 - Injunction.

 122C-29. Injunction.(a) Notwithstanding the existence or pursuit of any other remedy, the Secretary may, in the way provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a licensable facility operating without a license or in a way that threatens the health, safety, or welfare of the individuals in the licensable facility.(b) If any individual interferes with the proper performance or duty of the Secretary in carrying out this Article, the Secretary may institute an action in the superior court of the county in which the interference occurred for injunctive relief against the continued interference, irrespective of all other remedies at law. (1983, c. 718, s. 1; 1985, c. 589, s. 2.)
NC Gen Stat § 122C-30 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 2 - Licensure of Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders.|§ 122C-30 - Peer review committee; immunity from liability; confidentiality.

 122C-30. Peer review committee; immunity from liability; confidentiality.For purposes of peer review functions of a facility licensed under the provisions of this Chapter:(1) A member of a duly appointed peer review committee or quality assurance committee who acts without malice or fraud shall not be subject to liability for damages in any civil action on account of any act, statement, or proceeding undertaken, made, or performed within the scope of the functions of the committee; and(2) Proceedings of a peer review or quality assurance committee, the records and materials it produces, and the material it considers shall be confidential and not considered public records within the meaning of G.S. 132-1, "Public records' defined," and shall not be subject to discovery or introduction into evidence in any civil action against a facility or a provider of professional health services that results from matters which are the subject of evaluation and review by the committee. No person who was in attendance at a meeting of the committee shall be required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or its members. However, information, documents or records otherwise available are not immune from discovery or use in a civil action merely because they were presented during proceedings of the committee, and nothing herein shall prevent a provider of professional health services from using such otherwise available information, documents or records in connection with an administrative hearing or civil suit relating to the medical staff membership, clinical privileges or employment of the provider. Documents otherwise available as public records within the meaning of G.S. 132-1 do not lose their status as public records merely because they were presented or considered during proceedings of the committee. A member of the committee or a person who testifies before the committee may be subpoenaed and be required to testify in a civil action as to events of which the person has knowledge independent of the peer review or quality assurance process, but cannot be asked about the person's testimony before the committee for impeachment or other purposes or about any opinions formed as a result of the committee hearings. (1989 (Reg. Sess., 1990), c. 1053, s. 2; 2004-149, s. 2.8.)
NC Gen Stat § 122C-51 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-51 - Declaration of policy on clients' rights.

 122C-51. Declaration of policy on clients' rights.It is the policy of the State to assure basic human rights to each client of a facility. These rights include the right to dignity, privacy, humane care, and freedom from mental and physical abuse, neglect, and exploitation. Each facility shall assure to each client the right to live as normally as possible while receiving care and treatment.It is further the policy of this State that each client who is admitted to and is receiving services from a facility has the right to treatment, including access to medical care and habilitation, regardless of age or degree of mental illness, developmental disabilities, or substance abuse. Each client has the right to an individualized written treatment or habilitation plan setting forth a program to maximize the development or restoration of his capabilities. (1973, c. 475, s. 1; c. 1436, ss. 1, 8; 1985, c. 589, s. 2; 1989, c. 625, s. 7; 1997-442, s. 1.)
NC Gen Stat § 122C-52 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-52 - Right to confidentiality.

 122C-52. Right to confidentiality.(a) Except as provided in G.S. 132-5 and G.S. 122C-31(h), confidential information acquired in attending or treating a client is not a public record under Chapter 132 of the General Statutes.(b) Except as authorized by G.S. 122C-53 through G.S. 122C-56, no individual having access to confidential information may disclose this information, provided, however, a HIPAA covered entity or business associate receiving confidential information that has been disclosed pursuant to G.S. 122C-53 through G.S. 122C-56 may use and disclose such information as permitted or required under 45 Code of Federal Regulations Part 164, Subpart E.(c) Except as provided by G.S. 122C-53 through G.S. 122C-56, each client has the right that no confidential information acquired be disclosed by the facility.(d) No provision of G.S. 122C-205 and G.S. 122C-53 through G.S. 122C-56 permitting disclosure of confidential information may apply to the records of a client when federal statutes or regulations applicable to that client prohibit the disclosure of this information.(e) Except as required or permitted by law, disclosure of confidential information to someone not authorized to receive the information is a Class 3 misdemeanor and is punishable only by a fine, not to exceed five hundred dollars ($500.00).  (1955, c. 887, s. 12; 1963, c. 1166, s. 10; 1965, c. 800, s. 4; 1973, c. 47, s. 2; c. 476, s. 133; c. 673, s. 5; c. 1408, s. 2; 1979, c. 147; 1983, c. 383, s. 10; c. 491; c. 638, s. 22; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 11; 1987, c. 749, s. 2; 1993, c. 539, s. 920; 1994, Ex. Sess., c. 24, s. 14(c); 2009-299, s. 5; 2011-314, s. 2(a).)
NC Gen Stat § 122C-54.1 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-54.1 - Recodified as G.S. 14-409.42 by Session Laws 2015-195, s. 11(b), effective August 5, 2015.

 122C-54.1: Recodified as G.S. 14-409.42 by Session Laws 2015-195, s. 11(b), effective August 5, 2015.
NC Gen Stat § 122C-56 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-56 - Exceptions; research and planning.

 122C-56. Exceptions; research and planning.(a) The Secretary may require information that does not identify clients from State and area facilities for purposes of preparing statistical reports of activities and services and for planning and study. The Secretary may also receive confidential information from State and area facilities when specifically required by other State or federal law.(b) The Secretary may have access to confidential information from private or public agencies or agents for purposes of research and evaluation in the areas of mental health, developmental disabilities, and substance abuse. No confidential information shall be further disclosed.(c) A facility may disclose confidential information to persons responsible for conducting general research or clinical, financial, or administrative audits if there is a justifiable documented need for this information. A person receiving the information may not directly or indirectly identify any client in any report of the research or audit or otherwise disclose client identity in any way. (1965, c. 800, s. 4; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1989, c. 625, s. 9.)
NC Gen Stat § 122C-56.1 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-56.1 - Exceptions; security recordings.

 122C-56.1. Exceptions; security recordings.(a) Security recordings are not a public record under Chapter 132 of the General Statutes and are confidential information under this Chapter.(b) A State facility is not required to disclose its security recordings unless required under federal law or compelled by a court of competent jurisdiction.(c) A State facility shall allow viewing of security recordings by an internal client advocate.(d) A State facility may allow viewing of a security recording by a client or their legally responsible person if, in the opinion of the responsible professional, it is determined to be in the best interest of the client.  (2019-240, s. 20(b).)
NC Gen Stat § 122C-58 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-58 - Civil rights and civil remedies.

 122C-58. Civil rights and civil remedies.Except as otherwise provided in this Chapter, each adult client of a facility keeps the same right as any other citizen of North Carolina to exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, register and vote, bring civil actions, and marry and get a divorce, unless the exercise of a civil right has been precluded by an unrevoked adjudication of incompetency. This section shall not be construed as validating the act of any client who was in fact incompetent at the time he performed the act. (1973, c. 475, s. 1; c. 1436, ss. 2-5; 1985, c. 589, s. 2.)
NC Gen Stat § 122C-59 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-59 - Use of corporal punishment.

 122C-59. Use of corporal punishment.Corporal punishment may not be inflicted upon any client. (1973, c. 475, s. 1; 1985, c. 589, s. 2.)
NC Gen Stat § 122C-61 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-61 - Treatment rights in 24-hour facilities.

 122C-61. Treatment rights in 24-hour facilities.In addition to the rights set forth in G.S. 122C-57, each client who is receiving services at a 24-hour facility has the following rights:(1) The right to receive necessary treatment for and prevention of physical ailments based upon the client's condition and projected length of stay. The facility may seek to collect appropriate reimbursement for its costs in providing the treatment and prevention; and(2) The right to have, as soon as practical during treatment or habilitation but not later than the time of discharge, an individualized written discharge plan containing recommendations for further services designed to enable the client to live as normally as possible. A discharge plan may not be required when it is not feasible because of an unanticipated discontinuation of a client's treatment. With the consent of the client or his legally responsible person, the professionals responsible for the plans shall contact appropriate agencies at the client's destination or in his home community before formulating the recommendations. A copy of the plan shall be furnished to the client or to his legally responsible person and, with the consent of the client, to the client's next of kin. (1973, c. 475, s. 1; c. 1436, ss. 6, 7; 1981, c. 328, ss. 1, 2; 1985, c. 589, s. 2.)
NC Gen Stat § 122C-64 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-64 - Client rights and human rights committees.

 122C-64. Client rights and human rights committees.Client rights and human rights committees responsible for protecting the rights of clients shall be established at each State facility, for each local management entity, and provider agency. The Commission shall adopt rules for the establishment, composition, and duties of the committees and procedures for appointment and coordination with the State and Local Consumer Advocacy programs. The membership of the client rights and human rights committee for a multicounty program or local management entity shall include a representative from each of the participating counties.  (1985-589, s. 2; 2001-437, s. 1.3; 2009-190, s. 1.)
NC Gen Stat § 122C-65 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-65 - Offenses relating to clients.

 122C-65. Offenses relating to clients.(a) For the protection of clients receiving treatment or habilitation in a 24-hour facility, it is unlawful for any individual who is not a developmentally disabled client in a facility:(1) To assist, advise, or solicit, or to offer to assist, advise, or solicit a client of a facility to leave without authority;(2) To transport or to offer to transport a client of a facility to or from any place without the facility's authority;(3) To receive or to offer to receive a minor client of a facility into any place, structure, building, or conveyance for the purpose of engaging in any act that would constitute a sex offense, or to solicit a minor client of a facility to engage in any act that would constitute a sex offense;(4) To hide an individual who has left a facility without authority; or(5) To engage in, or offer to engage in an act with a client of a facility that would constitute a sex offense.(b) Violation of this section is a Class 1 misdemeanor. (1899, c. 1, s. 53; Rev., s. 3694; C.S., s. 6171; 1963, c. 1184, ss. 1, 6; 1985, c. 589, s. 2; 1989, c. 625, s. 11; 1993, c. 539, s. 921; 1994, Ex. Sess., c. 24, s. 14(c).)
NC Gen Stat § 122C-67 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-67 - Other rules regarding abuse, exploitation, neglect not prohibited.

 122C-67. Other rules regarding abuse, exploitation, neglect not prohibited.G.S. 122C-66 does not prohibit the Commission from adopting rules for State and area facilities and does not prohibit other facilities from issuing policies regarding other forms of prohibited abuse, exploitation, or neglect. (1985, c. 589, s. 2.)
NC Gen Stat § 122C-71 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-71 - Purpose.

 122C-71. Purpose.(a) The General Assembly recognizes as a matter of public policy the fundamental right of an individual to control the decisions relating to the individual's mental health care.(b) The purpose of this Part is to establish an additional, nonexclusive method for an individual to exercise the right to consent to or refuse mental health treatment when the individual lacks sufficient understanding or capacity to make or communicate mental health treatment decisions.(c) This Part is intended and shall be construed to be consistent with the provisions of Article 3 of Chapter 32A of the General Statutes, provided that in the event of a conflict between the provisions of this Part and Article 3 of Chapter 32A, the provisions of this Part control. (1997-442, s. 2; 1998-198, s. 2.)
NC Gen Stat § 122C-72 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-72 - Definitions.

 122C-72. Definitions.As used in this Part, unless the context clearly requires otherwise, the following terms have the meanings specified:(1) "Advance instruction for mental health treatment" or "advance instruction" means a written instrument, signed in the presence of two qualified witnesses who believe the principal to be of sound mind at the time of the signing, and acknowledged before a notary public, pursuant to which the principal makes a declaration of instructions, information, and preferences regarding the principal's mental health treatment and states that the principal is aware that the advance instruction authorizes a mental health treatment provider to act according to the instruction. It may also state the principal's instructions regarding, but not limited to, consent to or refusal of mental health treatment when the principal is incapable.(2) "Attending physician" means the physician who has primary responsibility for the care and treatment of the principal.(3) Repealed by Session Laws 1998-198, s. 2.(4) "Incapable" means that, in the opinion of a physician or eligible psychologist, the person currently lacks sufficient understanding or capacity to make and communicate mental health treatment decisions. As used in this Part, the term "eligible psychologist" has the meaning given in G.S. 122C-3(13d).(5) "Mental health treatment" means the process of providing for the physical, emotional, psychological, and social needs of the principal for the principal's mental illness. "Mental health treatment" includes, but is not limited to, electroconvulsive treatment (ECT), commonly referred to as "shock treatment", treatment of mental illness with psychotropic medication, and admission to and retention in a facility for care or treatment of mental illness.(6) "Principal" means the person making the advance instruction.(7) "Qualified witness" means a witness who affirms that the principal is personally known to the witness, that the principal signed or acknowledged the principal's signature on the advance instruction in the presence of the witness, that the witness believes the principal to be of sound mind and not to be under duress, fraud, or undue influence, and that the witness is not:a. The attending physician or mental health service provider or an employee of the physician or mental health treatment provider;b. An owner, operator, or employee of an owner or operator of a health care facility in which the principal is a patient or resident; orc. Related within the third degree to the principal or to the principal's spouse. (1997-442, s. 2; 1998-198, s. 2.)
NC Gen Stat § 122C-73 (2021)
2021 North Carolina General Statutes|Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985|Article 3 - Clients' Rights and Advance Instruction.|§ 122C-73 - Scope, use, and authority of advance instruction for mental health treatment.

 122C-73. Scope, use, and authority of advance instruction for mental health treatment.(a) Any adult of sound mind may make an advance instruction regarding mental health treatment. The advance instruction may include consent to or refusal of mental health treatment.(b) An advance instruction may include, but is not limited to, the names and telephone numbers of individuals to be contacted in case of a mental health crisis, situations that may cause the principal to experience a mental health crisis, responses that may assist the principal to remain in the principal's home during a mental health crisis, the types of assistance that may help stabilize the principal if it becomes necessary to enter a facility, and medications that the principal is taking or has taken in the past and the effects of those medications.(c) An individual shall not be required to execute or to refrain from executing an advance instruction as a condition for insurance coverage, as a condition for receiving mental or physical health services, as a condition for receiving privileges while in a facility, or as a condition of discharge from a facility.(c1) A principal, through an advance instruction, may grant or withhold authority for mental health treatment, including, but not limited to, the use of psychotropic medication, electroconvulsive treatment, and admission to and retention in a facility for the care or treatment of mental illness.(d) A principal may nominate, by advance instruction for mental health treatment, the guardian of the person of the principal if a guardianship proceeding is thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in an unrevoked advance instruction for mental health treatment, except for good cause shown.(e) If, following the execution of an advance instruction for mental health treatment, a court of competent jurisdiction appoints a guardian of the person of the principal, or a general guardian with powers over the person of the principal, the guardian shall follow the advance instruction consistent with G.S. 35A-1201(a)(5).(f) An advance instruction for mental health treatment may be combined with a health care power of attorney or general power of attorney that is executed in accordance with the requirements of Chapter 32A or Chapter 32C of the General Statutes so long as each form shall be executed in accordance with its own statute.  (1997-442, s. 2; 1998-198, s. 2; 2017-153, s. 2.7.)