Requirement for licensing of Local Mental Health Facilities

Subject:

Requested By: R. J. Bickel Deputy Director for Administration Division of Mental Health and Mental Retardation Services

Question: Under current statutes dealing with Area Mental Health Authorities are the following required to be licensed:

(A)

Satellite units of an Area Mental Health Authority?

(B)

Agencies with which the Area Mental Health Authority contracts for services statutorily required of the Area Mental Health Authority?

Conclusion: The entities described in both (A) and (B) above are required to obtain licenses.

This Office has previously issued an opinion dealing with the licensing of various types of local mental health facilities. See 45 N.C.A.G. 51 (1975). Since the date of that prior opinion, however, the statutory basis for Area Mental Health Programs and Area Mental Health Authorities has been completely rewritten. The answers to the questions posed here are now found in Article 2F, Chapter 122 and G.S. 143-B-147a(2)e.

G.S. 122-35.51, effective July 1, 1977, provides as follows:

"An area mental health facility operated under the provisions of Chapter 122 of the General Statutes shall obtain a license permitting such operation. Subject to standards governing the operation and licensing of these facilities set by the Commission for Mental Health and Mental Retardation Services, the Department of Human Resources shall be responsible for issuing licenses."

An "Area Mental Health Facility" is defined by G.S. 122-35.36(3) in the following language:

"(3) Area Mental Health Facility. – A mental health facility, public or private, established to serve the needs of a designated catchment area in mental health, mental retardation, or substance abuse."

Significantly, G.S. 143B-147a(2)e authorizes and requires the Commission for Mental Health and Mental Retardation Services to establish standards and adopt rules and regulations for the licensing of all area or community mental health facilities "of whatsoever nature" pursuant to Article 2F of Chapter 122.

As a result of the above-described provisions, it is clearly the intent of the General Assembly that all units and service-providing agencies to the Area Mental Health Authorities be licensed by the Department of Human Resources utilizing standards, rules and regulations promulgated by the Commission for Mental Health and Mental Retardation Services.

Rufus L. Edmisten Attorney General

William F. O’Connell Special Deputy Attorney General