reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-7 - Grants-in-aid.

§ 130A-7. Grants-in-aid.
The State is authorized to accept, allocate and expend any grants-in-aid for public health purposes which may be made available to the State by the federal government. This Chapter is to be liberally construed in order that the State and its citizens may benefit fully from these grants-in-aid. The Commission is authorized to adopt rules, not inconsistent with the laws of this State, as required by the federal government for receipt of federal funds. Any federal funds received are to be deposited with the State Treasurer and are to be appropriated by the General Assembly for the public health purposes specified. (1957, c. 1357, s. 1; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-8 - Counties to recover indirect costs on certain federal public health or mental health grants.

§ 130A-8. Counties to recover indirect costs on certain federal public health or mental health grants.
(a) The Department shall include in its request for federal funds applicable to public health or mental health grants from the federal government to the State or any of its agencies, indirect costs incurred by counties acting as subgrantees under the grants or otherwise providing services to the Department with regard to the grants to the full extent permitted by OMB Circular A-87 or its successor. The Department shall allow counties to claim and recover their indirect costs on these grants to the full extent permitted by the Circular.
(b) This section shall not apply to those federal public health or mental health grants which are formula grants to the State or which are otherwise limited as to the maximum amounts receivable on a statewide basis. (1977, c. 876, ss. 1, 2; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-9 - Standards.

§ 130A-9. Standards.
The Commission is authorized to establish reasonable standards governing the nature and scope of public health services rendered by local health departments. (1957, c. 1357, s. 1; 1973, c. 110; 1975, c. 83; 1979, c. 504, s. 15; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-10 - Advisory Committees.

§ 130A-10. Advisory Committees.
The Secretary is authorized to establish and appoint as many special advisory committees as may be necessary to advise and confer with the Department concerning the public health. Members of any special advisory committee shall serve without compensation but may be allowed travel and subsistence expenses in accordance with G.S. 138-6. (1957, c. 1357, s. 1; 1975, c. 281; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-11 - Residencies in public health.

§ 130A-11. Residencies in public health.
The Department shall establish a residency program designed to attract dentists into the field of public health and to train them in the specialty of public health practice. The program shall include practical experience in public health principles and practices. (1975, c. 945, s. 1; 1983, c. 891, s. 2; 1991, c. 342, s. 6.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-12 - Confidentiality of records.

§ 130A-12. Confidentiality of records.
All records containing privileged patient medical information, information protected under 45 Code of Federal Regulations Parts 160 and 164, and information collected under the authority of Part 4 of Article 5 of this Chapter that are in the possession of the Department of Health and Human Services or local health departments shall be confidential and shall not be public records pursuant to G.S. 132-1. Notwithstanding G.S. 8-53, the information contained in the records may be disclosed for purposes of treatment, payment, research, or health care operations to the extent that disclosure is permitted under 45 Code of Federal Regulations §§ 164.506 and 164.512(i). For purposes of this section, the terms "treatment," "payment," "research," and "health care operations" have the meanings given those terms in 45 Code of Federal Regulations § 164.501. (1985, c. 470, s. 2; 1991 (Reg. Sess., 1992), c. 890, s. 9; 1995, c. 428, s. 1.1; 2004-80, s. 4; 2006-255, s. 13.2; 2011-145, s. 13.3(qq); 2011-314, s. 3.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-13 - Application for eligibility for Department medical payment program constitutes assignment to the State of right to third party benefits.

§ 130A-13. Application for eligibility for Department medical payment program constitutes assignment to the State of right to third party benefits.
(a) Notwithstanding any other provisions of law, by applying for financial eligibility for any Department medical payment program administered under this Chapter, the recipient patient or responsible party for the recipient patient shall be deemed to have made an assignment to the State of the right to third party benefits, contractual or otherwise, to which he may be entitled to the extent of the amount of the Department's payment on behalf of the recipient patient. Any attorney retained by the recipient patient shall be compensated for his services in accordance with the following schedule and in the following order of priority from any amount of such third party benefits obtained on behalf of the recipient by settlement, with judgment against, or otherwise from a third party:
(1) First to the payment of any court costs taxed by the judgment;
(2) Second to the payment of the fee of the attorney representing the beneficiary making the settlement or obtaining the judgment, but this fee shall not exceed one-third of the amount obtained or recovered to which the right of subrogation applies;
(3) Third to the payment of the amount of assistance received by the beneficiary as prorated with other claims against the amount obtained or received from the third party to which the right of subrogation applies, but the amount shall not exceed one-third of the amount obtained or recovered to which the right of subrogation applies; and
(4) Fourth to the payment of any amount remaining to the beneficiary or his personal representative.
The United States and the State of North Carolina shall be entitled to shares in each net recovery under this section. Their shares shall be promptly paid under this section and their proportionate parts of such sum shall be determined in accordance with the matching formulas in use during the period for which assistance was paid to the recipient.
(b) The Department shall establish a third party resources collection unit that is adequate to ensure collection of third party resources.
(c) The Commission may adopt rules necessary to implement this section.
(d) Notwithstanding any other law to the contrary, in all actions brought by the State pursuant to subsection (a) of this section to obtain reimbursement for payments for medical services, liability shall be determined on the basis of the same laws and standards, including bases for liability and applicable defenses, as would be applicable if the action were brought by the individual on whose behalf the medical services were rendered. (1989, c. 483, s. 1; 1995, c. 508, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-14 - Department may assist private nonprofit foundations.

§ 130A-14. Department may assist private nonprofit foundations.
(a) The Secretary may allow employees of the Department to assist any private nonprofit foundation that works directly with services or programs of the Department and whose sole purpose is to support the services and programs of the Department, and may provide other appropriate services to any such foundation. No employee of the Department may work with a foundation for more than 20 hours in any one month. Chapter 150B of the General Statutes does not apply to any assistance or services provided to a private nonprofit foundation pursuant to this section.
(b) The board of directors of any private nonprofit foundation that receives assistance or services pursuant to this section shall secure and pay for the services of the Department of State Auditor or shall employ a certified public accountant to conduct an annual audit of the financial accounts of the foundation. The board of directors of the foundation shall transmit a copy of the annual financial audit report to the Secretary. (1991, c. 761, s. 37.3; 1993, c. 553, s. 40.1)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-15 - Access to information.

§ 130A-15. Access to information.
(a) Health care providers and persons in charge of health care facilities or laboratories shall, upon request and proper identification, permit the State Health Director to examine, review, and obtain a copy of records containing privileged medical information or information protected under the Health Information Portability and Accountability Act (HIPAA) medical privacy rule, 45 C.F.R. Parts 160 and 164, that the State Health Director deems are necessary to prevent, control, or investigate a disease or health hazard that may present a clear danger to the public health.
(b) Privileged medical information or protected health information received by the State Health Director pursuant to this section shall be confidential and is not a public record under G.S. 132-1. The information shall not be released, except when the release is made pursuant to any other provision of law, to another federal, state, or local public health agency for the purpose of preventing or controlling a disease or public health hazard or to a court or law enforcement official or law enforcement officer for the purpose of enforcing the provisions of this Chapter or for the purpose of investigating a disease or public health hazard.
(c) A person who permits examination, review, or copying of records or who provides copies of the records pursuant to subsection (a) of this section is immune from any civil or criminal liability that might otherwise be incurred or imposed. (2007-115, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-16 - Collection and reporting of race and ethnicity data.

§ 130A-16. Collection and reporting of race and ethnicity data.
All medical care providers required by the provisions of this Chapter to report to the Division of Public Health shall collect and document patient self-reported race and ethnicity data and shall include such data in their reports to the Division. (2008-119, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-17 - Right of entry.

§ 130A-17. Right of entry.
(a) The Secretary and a local health director shall have the right of entry upon the premises of any place where entry is necessary to enforce the provisions of this Chapter or the rules adopted by the Commission or a local board of health. If consent for entry is not obtained, an administrative search and inspection warrant shall be obtained pursuant to G.S. 15-27.2. However, if an imminent hazard exists, no warrant is required for entry upon the premises.
(b) The Secretary of Environmental Quality and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Articles 9 and 10 of this Chapter. (1983, c. 891, s. 2; 1997-443, s. 11A.60; 2001-474, s. 19; 2006-255, s. 13.3; 2011-145, s. 13.3(rr); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-18 - Injunction.

§ 130A-18. Injunction.
(a) If a person shall violate any provision of this Chapter, the rules adopted by the Commission or rules adopted by a local board of health, or a condition or term of a permit or order issued under this Chapter, the Secretary or a local health director may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides.
(b) The Secretary of Environmental Quality and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Articles 9 and 10 of this Chapter. (1983, c. 891, s. 2; 1997-443, s. 11A.61; 2001-474, s. 20; 2006-255, s. 13.4; 2007-550, s. 2(a); 2011-145, s. 13.3(ss); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-19 - Abatement of public health nuisance.

§ 130A-19. Abatement of public health nuisance.
(a) If the Secretary or a local health director determines that a public health nuisance exists, the Secretary or a local health director may issue an order of abatement directing the owner, lessee, operator or other person in control of the property to take any action necessary to abate the public health nuisance. If the person refuses to comply with the order, the Secretary or the local health director may institute an action in the superior court of the county where the public health nuisance exists to enforce the order. The action shall be calendared for trial within 60 days after service of the complaint upon the defendant. The court may order the owner to abate the nuisance or direct the Secretary or the local health director to abate the nuisance. If the Secretary or the local health director is ordered to abate the nuisance, the Department or the local health department shall have a lien on the property for the costs of the abatement of the nuisance in the nature of a mechanic's and materialmen's lien as provided in Chapter 44A of the General Statutes and the lien may be enforced as provided therein.
(b) The Secretary of Environmental Quality and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Articles 9 and 10 of this Chapter. (1893, c. 214, s. 22; Rev., ss. 3446, 4450; 1911, c. 62, ss. 12, 13; 1913, c. 181, s. 3; C.S., ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s. 2; 1997-443, s. 11A.62; 2006-255, s. 13.5; 2011-145, s. 13.3(tt); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-20.01 - Action for the recovery of costs of hazardous materials emergency medical response.

§ 130A-20.01. Action for the recovery of costs of hazardous materials emergency medical response.
A person who causes the release of a hazardous material that results in the activation of one or more State Medical Assistance Teams (SMATs) or the Epidemiology Section of the Division of Public Health of the Department of Health and Human Services shall be liable for all reasonable costs incurred by each team or the Epidemiology Section that responds to or mitigates the incident. The Secretary of Health and Human Services shall invoice the person liable for the hazardous materials release and, in the event of nonpayment, may institute an action to recover those costs in the superior court of the county in which the release occurred. (2007-107, s. 3.1(b).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-23 - Suspension and revocation of permits and program participation.

§ 130A-23. Suspension and revocation of permits and program participation.
(a) The Secretary may suspend or revoke a permit issued under this Chapter upon a finding that a violation of the applicable provisions of this Chapter, the rules of the Commission or a condition imposed upon the permit has occurred. A permit may also be suspended or revoked upon a finding that its issuance was based upon incorrect or inadequate information that materially affected the decision to issue the permit.
(b) The Secretary may suspend or revoke a person's participation in a program administered under this Chapter upon a finding that a violation of the applicable provisions of this Chapter or the rules of the Commission has occurred. Program participation may also be suspended or revoked upon a finding that participation was based upon incorrect or inadequate information that materially affected the decision to grant program participation.
(c) A person shall be given notice that there has been a tentative decision to suspend or revoke the permit or program participation and that an administrative hearing will be held in accordance with Chapter 150B of the General Statutes, the Administrative Procedure Act, at which time the person may challenge the tentative decision.
(d) A permit shall be suspended or revoked immediately if a violation of the Chapter, the rules or a condition imposed upon the permit presents an imminent hazard. An operation permit issued pursuant to G.S. 130A-281 shall be immediately suspended for failure of a public swimming pool to maintain minimum water quality or safety standards or design and construction standards pertaining to the abatement of suction hazards which result in an unsafe condition. A permit issued pursuant to G.S. 130A-248 shall be revoked immediately for failure of an establishment to maintain a minimum grade of C. The Secretary of Environmental Quality shall immediately give notice of the suspension or revocation and the right of the permit holder or program participant to appeal the suspension or revocation under G.S. 150B-23.
(e) The Secretary of Environmental Quality shall have all of the applicable rights enumerated in this section to enforce the provisions of Articles 9 and 10 of this Chapter. (1983, c. 891, s. 2; 1987, c. 827, s. 1; c. 438, s. 3; 1993, c. 211, s. 2; 1993 (Reg. Sess., 1994), c. 732, s. 2; 1995, c. 123, s. 15; 1997-443, s. 11A.65; 2011-145, s. 13.3(yy); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-25 - Misdemeanor.

§ 130A-25. Misdemeanor.
(a) Except as otherwise provided, a person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor.
(b) A person convicted under this section for violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be sentenced under Article 81B of Chapter 15A of the General Statutes but shall instead be sentenced to a term of imprisonment of no more than two years and shall serve any prison sentence in McCain Hospital, Division of Prisons, McCain, North Carolina; the North Carolina Correctional Center for Women, Division of Prisons, Raleigh, North Carolina; or any other confinement facility designated for this purpose by the Secretary of Adult Correction after consultation with the State Health Director. The Secretary of Adult Correction shall consult with the State Health Director concerning the medical management of these persons.
(c) Notwithstanding G.S. 148-4.1, G.S. 148-13, or any other contrary provision of law, a person imprisoned for violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be released prior to the completion of the person's term of imprisonment unless and until a determination has been made by the District Court that release of the person would not create a danger to the public health. This determination shall be made only after the medical consultant of the confinement facility and the State Health Director, in consultation with the local health director of the person's county of residence, have made recommendations to the Court.
(d) A violation of Part 7 of Article 9 of this Chapter or G.S. 130A-309.10(m) shall be punishable as a Class 3 misdemeanor. (1983, c. 891, s. 2; 1987, c. 782, s. 19; 1991, c. 187, s. 1; 1993, c. 539, s. 946; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 767, s. 18; 2010-180, s. 14(d); 2011-145, s. 19.1(h), (i), (j); 2017-186, ss. 2(vvvvv), 3(a); 2021-180, ss. 19C.9(o), (r).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-26.2 - Penalty for false reporting under Article 9.

§ 130A-26.2. Penalty for false reporting under Article 9.
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under Article 9 of this Chapter or rules adopted under Article 9 of this Chapter; or who knowingly makes a false statement of a material fact in a rule-making proceeding or contested case under Article 9 of this Chapter; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 9 of this Chapter or rules adopted under Article 9 of this Chapter is guilty of a Class 2 misdemeanor. The maximum fine that may be imposed for an offense under this section is ten thousand dollars ($10,000). (1993 (Reg. Sess., 1994), c. 598, s. 3.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-26.3 - Limitations period for certain groundwater contamination actions.

§ 130A-26.3. Limitations period for certain groundwater contamination actions.
The 10-year period set forth in G.S. 1-52(16) shall not be construed to bar an action for personal injury, or property damages caused or contributed to by groundwater contaminated by a hazardous substance, pollutant, or contaminant, including personal injury or property damages resulting from the consumption, exposure, or use of water supplied from groundwater contaminated by a hazardous substance, pollutant, or contaminant. For purposes of this section, "contaminated by a hazardous substance, pollutant, or contaminant" means the concentration of the hazardous substance, pollutant, or contaminant exceeds a groundwater quality standard set forth in 15A NCAC 2L .0202. (2014-17, s. 3; 2014-44, ss. 1(b), (c).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › §§ 130A-26A: Recodified as G.S. 130A-26.4 by Session Laws 2018-142, s. 17.

§ 130A-26A: Recodified as G.S. 130A-26.4 by Session Laws 2018-142, s. 17.
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-27 - Recovery of money.

§ 130A-27. Recovery of money.
The Secretary or the Secretary of Environmental Quality may institute an action in the county where the action arose or the county where the defendant resides to recover any money, other property or interest in property or the monetary value of goods or services provided or paid for by the Department or the Secretary of Environmental Quality which are wrongfully paid or transferred to a person under a program administered by the Department or the Secretary of Environmental Quality pursuant to this Chapter. (1983, c. 891, s. 2; 1997-443, s. 11A.68; 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1 - Definitions, General Provisions and Remedies. › § 130A-28 - Forfeiture of gain.

§ 130A-28. Forfeiture of gain.
In the case of a violation of this Chapter or the rules adopted by the Commission, money or other property or interest in property so acquired shall be forfeited to the State unless ownership by an innocent person may be established. An action may be instituted by the Attorney General or a district attorney pursuant to G.S. 1-532. (1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1A - Commission for Public Health. › § 130A-29 - Commission for Public Health - Creation, powers and duties.

§ 130A-29. Commission for Public Health – Creation, powers and duties.
(a) The Commission for Public Health is created with the authority and duty to adopt rules to protect and promote the public health.
(b) The Commission is authorized to adopt rules necessary to implement the public health programs administered by the Department as provided in this Chapter.
(c) The Commission shall adopt rules:
(1) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.
(2) Establishing standards for approving sewage-treatment devices and holding tanks for marine toilets as provided in G.S. 75A-6(o).
(3) Establishing specifications for sanitary privies for schools where water-carried sewage facilities are unavailable as provided in G.S. 115C-522.
(4) Establishing requirements for the sanitation of local confinement facilities as provided in Part 2 of Article 10 of Chapter 153A of the General Statutes.
(5) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.
(5a) Establishing eligibility standards for participation in Department reimbursement programs.
(6) Repealed by Session Laws 2014-122, s. 11(a), effective September 20, 2014.
(7) Establishing statewide health outcome objectives and delivery standards.
(8) Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in tattooing, as provided in Part 11 of Article 8 of this Chapter.
(9) Implementing immunization requirements for adult care homes as provided in G.S. 131D-9 and for nursing homes as provided in G.S. 131E-113.
(10) Pertaining to the biological agents registry in accordance with G.S. 130A-479.
(11) For matters within its jurisdiction that allow for and regulate horizontal drilling and hydraulic fracturing for the purpose of oil and gas exploration and development.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in G.S. 162A-33;
(2) Sanitary districts as provided in Part 2 of Article 2 of this Chapter; and
(3) Mosquito control districts as provided in Part 2 of Article 12 of this Chapter.
(e) Rules adopted by the Commission shall be enforced by the Department. (1973, c. 476, s. 123; 1975, c. 19, s. 57; c. 694, s. 6; 1979, c. 41, s. 1; 1981, c. 614, s. 9; 1983, c. 891, s. 15; 1983 (Reg. Sess., 1984), c. 1022, s. 5; 1989, c. 727, ss. 175, 176; 1989 (Reg. Sess., 1990), c. 1004, s. 50; c. 1075, s. 1; 1991, c. 548, s. 2; 1993, c. 321, s. 274; 1993 (Reg. Sess., 1994), c. 670, s. 3; 2000-112, s. 6; 2001-469, s. 2; 2002-179, s. 2(b); 2007-182, s. 2; 2012-143, s. 2(i); 2014-122, s. 11(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1A - Commission for Public Health. › § 130A-30 - Commission for Public Health - Members; selection; quorum; compensation.

§ 130A-30. Commission for Public Health – Members; selection; quorum; compensation.
(a) The Commission for Public Health shall consist of 13 members, four of whom shall be elected by the North Carolina Medical Society and nine of whom shall be appointed by the Governor.
(b) One of the members appointed by the Governor shall be a licensed pharmacist, one a registered engineer experienced in sanitary engineering or a soil scientist, one a licensed veterinarian, one a licensed optometrist, one a licensed dentist, and one a registered nurse. The initial members of the Commission shall be the members of the State Board of Health who shall serve for a period equal to the remainder of their current terms on the State Board of Health, three of whose appointments expire May 1, 1973, and two of whose appointments expire May 1, 1975. At the end of the respective terms of office of initial members of the Commission, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
(c) The North Carolina Medical Society shall have the right to remove any member elected by it for misfeasance, malfeasance, or nonfeasance, and the Governor shall have the right to remove any member appointed by him for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13. Vacancies on said Commission among the membership elected by the North Carolina Medical Society shall be filled by the executive committee of the Medical Society until the next meeting of the Medical Society, when the Medical Society shall fill the vacancy for the unexpired term. Vacancies on said Commission among the membership appointed by the Governor shall be filled by the Governor for the unexpired term.
(d) A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(e) The members of the Commission shall receive per diem and necessary traveling and subsistence expenses in accordance with the provisions of G.S. 138-5. (1973, c. 476, s. 124; c. 1367, ss. 1, 2; 1981, c. 553; 1989, c. 727, ss. 175, 177; 1989 (Reg. Sess., 1990), c. 1004, s. 51; 1995, c. 507, s. 26.8(d); 2007-182, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1A - Commission for Public Health. › § 130A-31 - Commission for Public Health - Officers.

§ 130A-31. Commission for Public Health – Officers.
The Commission for Public Health shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at his pleasure. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term. (1973, c. 476, s. 125; 1989, c. 727, s. 175; 2007-182, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1A - Commission for Public Health. › § 130A-32 - Commission for Public Health - Election meetings.

§ 130A-32. Commission for Public Health – Election meetings.
The meeting of the Commission for Public Health for the election of vice-chairman shall be at the first regular meeting after the joint session of the Commission for Public Health and the North Carolina Medical Society at the annual meeting of the North Carolina Medical Society each odd-numbered year. (1973, c. 476, s. 126; 1989, c. 727, s. 175; 2007-182, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1A - Commission for Public Health. › § 130A-33 - Commission for Public Health - Regular and special meetings.

§ 130A-33. Commission for Public Health – Regular and special meetings.
Each year there shall be four regular meetings of the Commission for Public Health, one of which shall be held conjointly with a general session of the annual meeting of the North Carolina Medical Society. The State Health Director shall submit an annual report on public health at this meeting. The other three meetings shall be at such times and places as the chairman of the Commission shall designate. Special meetings of the Commission may be called by the chairman, or by a majority of the members of the Commission. (1973, c. 476, s. 127; 1989, c. 727, ss. 175, 178; 1993, c. 513, s. 6; 2007-182, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.30 - Commission of Anatomy - Creation; powers and duties.

§ 130A-33.30. Commission of Anatomy – Creation; powers and duties.
There is created the Commission of Anatomy in the Department with the power and duty to adopt rules for the distribution of dead human bodies and parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina. The Commission is authorized to receive dead bodies pursuant to G.S. 130A-412.13 and to be a donee of a body or parts thereof pursuant to Part 3A, Article 16 of Chapter 130A of the General Statutes known as the Revised Uniform Anatomical Gift Act and to distribute such bodies or parts thereof pursuant to the rules adopted by the Commission. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 183; 1989 (Reg. Sess., 1990), c. 1024, s. 29; 1997-443, s. 11A.69; 2007-538, s. 9.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.31 - Commission of Anatomy Members; selection; term; chairman; quorum; meetings.

§ 130A-33.31. Commission of Anatomy – Members; selection; term; chairman; quorum; meetings.
(a) The Commission of Anatomy shall consist of six members, one representative from the field of mortuary science, and one each from The University of North Carolina School of Medicine, East Carolina University School of Medicine, Duke University School of Medicine, Bowman Gray School of Medicine, and Campbell University School of Osteopathic Medicine. The dean of each school shall make recommendations and the Secretary shall appoint from such recommendations a member to the Commission. The president of the State Board of Funeral Service shall appoint the representative from the field of mortuary science to the Commission. The members shall serve terms of four years except two of the original members shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years, and one shall serve a term of four years. The Secretary shall determine the terms of the original members.
(b) Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
(c) The Secretary shall remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance.
(d) The Commission shall elect a chair annually from its own membership.
(e) A majority of the Commission shall constitute a quorum for the transaction of business.
(f) The Commission shall meet at any time and place within the State at the call of the chair or upon the written request of three members.
(g) All clerical and other services required by the Commission shall be supplied by the Secretary. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 184; 1995, c. 123, s. 5; 1997-443, s. 11A.70; 2003-420, s. 1; 2015-264, s. 70.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.32 - Commission of Anatomy - Reference to former Board of Anatomy in testamentary disposition.

§ 130A-33.32. Commission of Anatomy – Reference to former Board of Anatomy in testamentary disposition.
A testamentary disposition of a body or part thereof to the former Board of Anatomy shall be deemed in all respects to be a disposition to the Commission of Anatomy. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 185.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.43 - Minority Health Advisory Council.

§ 130A-33.43. Minority Health Advisory Council.
There is established the Minority Health Advisory Council in the Department. The Council shall have the following duties and responsibilities:
(1) To make recommendations to the Governor and the Secretary aimed at improving the health status of North Carolina's minority populations;
(2) To identify and examine the limitations and problems associated with existing laws, regulations, programs and services related to the health status of North Carolina's minority populations;
(3) To examine the financing and access to health services for North Carolina's minority populations;
(4) To identify and review health promotion and disease prevention strategies relating to the leading causes of death and disability among minority populations; and
(5) To advise the Governor and the Secretary upon any matter which the Governor or Secretary may refer to it. (1991 (Reg. Sess., 1992), c. 900, s. 166; 1997-443, s. 11A.73.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.44 - Minority Health Advisory Council - members; selection; quorum; compensation.

§ 130A-33.44. Minority Health Advisory Council – members; selection; quorum; compensation.
(a) The Minority Health Advisory Council in the Department shall consist of 15 members to be appointed as follows:
(1) Five members shall be appointed by the Governor. Members appointed by the Governor shall be representatives of the following: health care providers, public health, health related public and private agencies and organizations, community-based organizations, and human services agencies and organizations.
(2) Five members shall be appointed by the Speaker of the House of Representatives, two of whom shall be members of the House of Representatives, and at least one of whom shall be a public member. The remainder of the Speaker's appointees shall be representative of any of the entities named in subdivision (1) of this subsection.
(3) Five members shall be appointed by the President Pro Tempore of the Senate, two of whom shall be members of the Senate, and at least one of whom shall be a public member. The remainder of the President Pro Tempore's appointees shall be representative of any of the entities named in subdivision (1) of this subsection.
(4) Of the members appointed by the Governor, two shall serve initial terms of one year, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, the Governor's appointees shall serve terms of four years.
(5) Of the nonlegislative members appointed by the Speaker of the House of Representatives, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, nonlegislative members appointed by the Speaker of the House of Representatives shall serve terms of four years. Of the nonlegislative members appointed by the President Pro Tempore of the Senate, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, nonlegislative members appointed by the President Pro Tempore of the Senate shall serve terms of four years. Legislative members of the Council shall serve two-year terms.
(b) The Chairperson of the Council shall be elected by the Council from among its membership.
(c) The majority of the Council shall constitute a quorum for the transaction of business.
(d) Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 or G.S. 138-6, or travel and subsistence expenses in accordance with the provisions of G.S. 120-3.1, as applicable.
(e) All clerical support and other services required by the Council shall be provided by the Department. (1991 (Reg. Sess., 1992), c. 900, s. 166; 1997-443, s. 11A.74.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.51 - Advisory Committee on Cancer Coordination and Control; responsibilities.

§ 130A-33.51. Advisory Committee on Cancer Coordination and Control; responsibilities.
(a) The Advisory Committee on Cancer Coordination and Control has the following responsibilities:
(1) To recommend to the Secretary a plan for the statewide implementation of an interagency comprehensive coordinated cancer control program;
(2) To identify and examine the limitations and problems associated with existing laws, regulations, programs, and services related to cancer control;
(3) To examine the financing and access to cancer control services for North Carolina's citizens, and advise the Secretary on a coordinated and efficient use of resources;
(4) To identify and review health promotion and disease prevention strategies relating to the leading causes of cancer mortality and morbidity;
(5) To recommend standards for:
a. Oversight and development of cancer control services;
b. Development and maintenance of interagency training and technical assistance in the provision of cancer control services;
c. Program monitoring and data collection;
d. Statewide evaluation of locally based cancer control programs;
e. Coordination of funding sources for cancer control programs; and
f. Procedures for awarding grants to local agencies providing cancer control services.
(b) The Committee shall submit a written report not later than May 1, 1994, and not later than October 1 of each subsequent year, to the Secretary. The report shall address the progress in implementation of a cancer control program. The report shall include an accounting of funds expended and anticipated funding needs for full implementation of recommended programs. (1993, c. 321, s. 288; 2013-360, s. 12A.9.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 1B - Commissions and Councils. › § 130A-33.66 - Advisory Council on Rare Diseases; powers and duties; reports.

§ 130A-33.66. Advisory Council on Rare Diseases; powers and duties; reports.
The advisory council shall have the following powers and duties:
(1) Advise on coordinating statewide efforts for the study of the incidence of rare diseases within the State and the status of the rare disease community.
(2) Report to the Secretary, the Governor, and the Joint Legislative Oversight Committee on Health and Human Services on behalf of the General Assembly not later than January 1, 2016, and annually thereafter, on the activities of the advisory council and its findings and recommendations regarding rare disease research and care in North Carolina, including any recommendations for statutory changes and amendments to the structure, organization, and powers or duties of the advisory council. (2015-199, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 2 - Local Administration. › § 130A-34 - Provision of local public health services.

§ 130A-34. Provision of local public health services.
(a) A county shall provide public health services.
(b) A county shall operate a county health department, establish a consolidated human services agency pursuant to G.S. 153A-77, participate in a district health department, or contract with the State for the provision of public health services. (1901, c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7604; 1931, c. 149; 1941, c. 185; 1945, c. 99; c. 1030, s. 2; 1947, c. 474, s. 3; 1951, c. 92; 1957, c. 1357, s. 1; 1963, c. 359; 1967, c. 1224, s. 1; 1969, c. 719, s. 1; 1971, c. 175, s. 1; 1973, c. 137, s. 1; c. 1151; 1975, c. 272; 1979, c. 621; 1983, c. 891, s. 2; 1995 (Reg. Sess., 1996), c. 690, s. 13.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 2 - Local Administration. › § 130A-34.3 - Incentive program for public health improvement.

§ 130A-34.3. Incentive program for public health improvement.
(a) In order to promote efficiency and effectiveness of the public health delivery system, the Department shall establish a Public Health Improvement Incentive Program. The Program shall provide monetary incentives for the creation and expansion of multicounty local health departments serving a population of not less than 75,000.
(b) The Commission shall adopt rules to implement the Public Health Improvement Incentive Program. (2012-126, s. 3.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 2 - Local Administration. › § 130A-34.4 - Strengthening local public health infrastructure.

§ 130A-34.4. Strengthening local public health infrastructure.
(a) By July 1, 2014, in order for a local health department to be eligible to receive State and federal public health funding from the Division of Public Health, the following criteria shall be met:
(1) A local health department shall obtain and maintain accreditation pursuant to G.S. 130A-34.1.
(2) Repealed by Session Laws 2015-246, s. 2.5(a), effective July 1, 2016.
(b) The criteria established in subsection (a) of this section shall be in addition to any other funding criteria established by State or federal law. (2012-126, s. 3; 2015-246, s. 2.5(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 2 - Local Administration. › § 130A-36 - Creation of district health department.

§ 130A-36. Creation of district health department.
(a) A district health department including more than one county may be formed in lieu of county health departments upon agreement of the county boards of commissioners and local boards of health having jurisdiction over each of the counties involved. A county may join a district health department upon agreement of the boards of commissioners and local boards of health having jurisdiction over each of the counties involved. A district health department shall be a public authority as defined in G.S. 159-7(b)(10).
(b) Upon creation of or addition to a district health department, the existing rules of the former board or boards of health shall continue in effect until amended or repealed by the district board of health. (1957, c. 1357, s. 1; 1969, c. 719, s. 2; 1971, c. 175, s. 2; 1973, c. 143, ss. 1-4; c. 476, s. 128; 1975, c. 396, s. 1; 1981, c. 238; c. 408; 1983, c. 891, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 2 - Local Administration. › § 130A-38 - Dissolution of a district health department.

§ 130A-38. Dissolution of a district health department.
(a) Whenever the board of commissioners of each county constituting a district health department determines that the district health department is not operating in the best health interests of the respective counties, they may direct that the district health department be dissolved. In addition, whenever a board of commissioners of a county which is a member of a district health department determines that the district health department is not operating in the best health interests of that county, it may withdraw from the district health department. Dissolution of a district health department or withdrawal from the district health department by a county shall be effective only at the end of the fiscal year in which the action of dissolution or withdrawal transpired.
(b) Notwithstanding the provisions of subsection (a), no district health department shall be dissolved without prior written notification to the Department.
(c) Any budgetary surplus available to a district health department at the time of its dissolution shall be distributed to those counties comprising the district on the same pro rata basis that the counties appropriated and contributed funds to the district health department budget during the current fiscal year. Distribution to the counties shall be determined on the basis of an audit of the financial record of the district health department. The district board of health shall select a certified public accountant or an accountant who is subsequently certified by the Local Government Commission to conduct the audit. The audit shall be performed in accordance with G.S. 159-34. The same method of distribution of funds described above shall apply when one or more counties of a district health department withdraw from a district.
(d) Upon dissolution or withdrawal, all rules adopted by a district board of health shall continue in effect until amended or repealed by the new board or boards of health. (1971, c. 858; 1975, c. 396, s. 2; c. 403; 1983, c. 891, s. 2.)