122C-263.2. Mental health crisis management: reasonable safety and containment measures.
An acute care hospital licensed under Chapter 131E, a department thereof, or other site of first examination that that uses reasonable safety or containment measures and precautions to manage the population of patients being held under appropriate supervision pending involuntary commitment placement and that does not otherwise operate as a licensable mental health facility shall not be deemed to be acting as a 24-hour facility; operating a psychiatric, substance abuse, or special care unit; offering psychiatric or substance abuse services; or acting as a licensed or unlicensed mental health facility. Actions considered to be reasonable safety or containment measures and precautions shall include the following: (i) altering rooms or removing items to prevent injury; (ii) placing patients in a consolidated location of the hospital; (iii) improvements to security and protection of staff; and (iv) any other reasonable measures that do not violate applicable law.
Reasonable safety or containment measures and precautions shall not be considered a violation of rules regulating acute care hospitals or mental health facilities. Placing patients in a consolidated location of the hospital pursuant to this subsection shall not constitute a special care unit. Nothing in this subsection relieves an acute care hospital or other site of first examination from complying with all other applicable laws or rules. (2012-128, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
Article 5 - Procedures for Admission and Discharge of Clients.
§ 122C-201 - Declaration of policy.
§ 122C-202 - Applicability of Article.
§ 122C-202.1 - Hospital privileges.
§ 122C-203 - Admission or commitment and incompetency proceedings to have no effect on one another.
§ 122C-204 - Civil liability for corruptly attempting admission or commitment.
§ 122C-205 - Return of clients to 24-hour facilities.
§ 122C-205.1 - Discharge of clients who escape or breach the condition of release.
§ 122C-208 - Voluntary admission not admissible in involuntary proceeding.
§ 122C-209 - Voluntary admissions acceptance.
§ 122C-210 - Guardian to pay expenses out of estate.
§ 122C-210.1 - Immunity from liability.
§ 122C-210.2 - Research at State facilities for the mentally ill.
§ 122C-210.3 - Electronic and facsimile transmission of custody orders.
§ 122C-216 - Voluntary admission of individuals determined to be incapable.
§ 122C-217 - Discharge of individuals determined to be incapable.
§ 122C-222 - Admissions to State facilities.
§ 122C-223 - Emergency admission to a 24-hour facility.
§ 122C-224 - Judicial review of voluntary admission.
§ 122C-224.1 - Duties of clerk of court.
§ 122C-224.2 - Duties of the attorney for the minor.
§ 122C-224.3 - Hearing for review of admission.
§ 122C-224.5 - Transportation.
§ 122C-224.6 - Treatment pending hearing and after authorization for or concurrence in admission.
§ 122C-230 - Applicability of Part 4.
§ 122C-232 - Judicial determination.
§ 122C-251 - Custody and transportation.
§ 122C-252 - Twenty-four hour facilities for custody and treatment of involuntary clients.
§ 122C-253 - Fees under commitment order.
§ 122C-254 - Housing responsibility for certain clients in or escapees from involuntary commitment.
§ 122C-262 - Special emergency procedure for individuals needing immediate hospitalization.
§ 122C-263 - Duties of law enforcement officer; first examination.
§ 122C-263.2 - Mental health crisis managementreasonable safety and containment measures.
§ 122C-264 - Duties of clerk of superior court and the district attorney.
§ 122C-265 - Outpatient commitment; examination and treatment pending hearing.
§ 122C-266 - Inpatient commitment; second examination and treatment pending hearing.
§ 122C-267 - Outpatient commitment; district court hearing.
§ 122C-268 - Inpatient commitment; district court hearing.
§ 122C-268.1 - Inpatient commitment; hearing following automatic commitment.
§ 122C-269 - Venue of hearing when respondent held at a 24-hour facility pending hearing.
§ 122C-270 - Attorneys to represent the respondent and the State.
§ 122C-273 - Duties for follow-up on commitment order.
§ 122C-274 - Supplemental hearings.
§ 122C-275 - Outpatient commitment; rehearings.
§ 122C-276 - Inpatient commitment; rehearings for respondents other than insanity acquittees.
§ 122C-276.1 - Inpatient commitment; rehearings for respondents who are insanity acquittees.
§ 122C-277 - Release and conditional release; judicial review.
§ 122C-278 - Reexamination for capacity to proceed prior to discharge.
§ 122C-281 - Affidavit and petition before clerk or magistrate; custody order.
§ 122C-282 - Special emergency procedure for violent individuals.
§ 122C-283 - Duties of law enforcement officer; first examination by commitment examiner.
§ 122C-284 - Duties of clerk of superior court.
§ 122C-285 - Commitment; second examination and treatment pending hearing.
§ 122C-286 - Commitment; district court hearing.
§ 122C-289 - Duty of assigned counsel; discharge.
§ 122C-290 - Duties for follow-up on commitment order.
§ 122C-291 - Supplemental hearings.
§ 122C-293 - Release by area facility or physician.
§ 122C-294 - Local plan and data submission.
§ 122C-302 - Cities and counties may employ officers to assist intoxicated individuals.
§ 122C-303 - Use of jail for care for intoxicated individual.
§ 122C-311 - Individuals on parole.
§ 122C-321 - Voluntary admissions and discharges.
§ 122C-322 - Involuntary commitments.
§ 122C-331 - Voluntary admissions and discharges.
§ 122C-332 - Involuntary commitments.
§ 122C-333 - Order of another state.
§ 122C-341 - Determination of residence.
§ 122C-342 - Voluntary admissions and discharges.
§ 122C-343 - Involuntary commitments.
§ 122C-344 - Citizens of other countries.
§ 122C-345 - Return of a non-State resident client to his resident state.
§ 122C-346 - Authority of the Secretary to enter reciprocal agreements.
§ 122C-347 - Return of North Carolina resident clients from other states.
§ 122C-348 - Residency not affected.
§ 122C-361 - Compact entered into; form of Compact.
§ 122C-362 - Compact Administrator.
§ 122C-363 - Supplementary agreements.
§ 122C-364 - Financial arrangements.