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.)
Structure North Carolina General Statutes
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-52 - Right to confidentiality.
§ 122C-53 - Exceptions; client.
§ 122C-54 - Exceptions; abuse reports and court proceedings.
§ 122C-54.1 - Recodified as G.S14-409.42 by Session Laws 2015-195, s11(b), effective August 5, 2015.
§ 122C-55 - Exceptions; care and treatment[Effective until January 1, 2023]
§ 122C-56 - Exceptions; research and planning.
§ 122C-56.1 - Exceptions; security recordings.
§ 122C-57 - Right to treatment and consent to treatment.
§ 122C-58 - Civil rights and civil remedies.
§ 122C-59 - Use of corporal punishment.
§ 122C-60 - Use of physical restraints or seclusion.
§ 122C-61 - Treatment rights in 24-hour facilities.
§ 122C-62 - Additional rights in 24-hour facilities[Effective until January 1, 2023]
§ 122C-63 - Assurance for continuity of care for individuals with intellectual disabilities.
§ 122C-64 - Client rights and human rights committees.
§ 122C-65 - Offenses relating to clients.
§ 122C-66 - Protection from abuse and exploitation; reporting.
§ 122C-67 - Other rules regarding abuse, exploitation, neglect not prohibited.
§ 122C-73 - Scope, use, and authority of advance instruction for mental health treatment.
§ 122C-74 - Effectiveness and duration; revocation.
§ 122C-75 - Reliance on advance instruction for mental health treatment.
§ 122C-77 - Statutory form for advance instruction for mental health treatment.