Proper Name of Local Mental Health Unit

Subject:

Requested By: Sarah T. Morrow, M.D., M.P.H. Secretary Department of Human Resources

Questions: In order to comply with Chapter 358 of the 1979 Session Laws, is it mandatory for an area authority to change its name to Area Mental Health, Mental Retardation and Substance Abuse Authority?

 

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2. If the answer to the first question is yes, what is the penalty, if any, for an area authority which does not comply?

    

Conclusions: Yes.

 

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2. It would appear that allocations of state and federal appropriated funds can only be made to area mental health, mental retardation and substance abuse authorities.

    

This Office has previously issued an Opinion that, under the existing statutes, the name of an area mental health program must actually include the language "area mental health program." See 44 N.C.A.G. 233 (1975). Since the date of that Opinion, the statutes dealing with this subject have been revised in both the 1977 and the 1979 sessions of the General Assembly. In their present form, the pertinent statutes are contained in Article 2F of Chapter 122.

The 1977 legislation provided that the entity involved shall be called an "area mental health authority." The current statutes refer to the entity involved as an "area mental health, mental retardation and substance abuse authority." See G.S. 122-35.36(1) for the initial definition of the entity.

Elsewhere throughout Article 2F, the General Assembly used language manifesting the intent that the name if the entity shall include this language. Most telling, perhaps, is the provision in

G.S. 122-35.39(b), as follows:

"The unit shall be known as an area mental health, mental retardation, and substance abuse authority."

Other significant provisions are found in G.S. 122-35.53(a) and (g) (providing for appropriations to the authority), G.S. 122-35.36(2) (defining the name of the governing board), G.S.

122-35.45(b) and (c) (relative to the director and employees of the authority) G.S. 122-35.55 (relating to the allocation of funds to the authority), and G.S. 122-35.57 (dealing with the responsibilities of the authority for the funds received).

Also significant is the language in the title of House Bill 460 which was ultimately ratified as Chapter 358 and thus was the genesis of the present Article 2F of Chapter 122, N.C.G.S. The title of that House Bill reads, in part, as follows:

"AN ACT TO AMEND CHAPTERS 122 and 143B TO PROVIDE FOR THE ADDITION OF THE PHRASE "MENTAL RETARDATION AND SUBSTANCE ABUSE (ALCOHOL AND DRUG ABUSE)" TO AREA MENTAL HEALTH PROGRAM TITLES. . . ."

Although the title of a bill does not become, strictly speaking, part of the law, such title may be resorted to as an aid in determining the legislative intent when a question arises as to the provisions of the law. In this instance, both the literal provisions of the law enacted and the language of the title of House Bill 460 are entirely consistent with the conclusion stated above.

The statutes do not provide any specific punishment for violation thereof by failure to properly name the local entity. Conversely, though, the only authorization for the State’s distribution of funds for use in providing community services is the power to allocate or distribute them to an area mental health, mental retardation and substance abuse authority.

Rufus L. Edmisten Attorney General

William F. O’Connell Special Deputy Attorney General