This section serves as a reminder of the legal responsibilities hospitals hold regarding the timely submission of documents and ensuring due process during involuntary commitment (IVC) and voluntary admission proceedings. Compliance with these responsibilities is essential to uphold the rights of individuals under your care and to adhere to North Carolina law, specifically under Chapter 122C and related statutes.
Hospitals are mandated to comply with G.S. 122C-263, which requires the first examination of an individual taken into custody under an IVC order to be conducted within 24 hours. Additionally, under G.S. 122C-268, a hearing must be held within 10 days of the custody order as stipulated in G.S. 122C-261 and G.S. 122C-262. These timelines are critical to ensure that individuals receive timely evaluations and that their due process rights are preserved.
Moreover, under G.S. 122C-54(c), when an individual is held at a facility under involuntary commitment or voluntary admission proceedings, hospitals must provide certified copies of examination results to the client’s counsel, the attorney representing the State’s interest, and the court. Upon request, confidential information collected during the course of treatment must also be disclosed to the relevant parties. This ensures transparency and allows for adequate legal representation for the individual involved.
Failure to comply with these statutory requirements can lead to serious repercussions, including penalties under G.S. 122C, 131D, and Chapter 110. These penalties may include the suspension of admissions to the facility, the issuance of sanctions, or even the revocation of the hospital’s license. Persistent violations can result in permanent revocation of the facility’s license or its downgrade to a provisional status, as outlined in G.S. 122C-23(g).
Hospitals must uphold the rights of individuals as residents and citizens, encouraging them to exercise their rights without fear of coercion or retaliation (G.S. 131D-21(11)). The failure to meet legal deadlines and responsibilities not only compromises the rights of the individuals but also exposes the facility to legal and civil actions.
We trust that you understand the importance of these obligations and will take all necessary steps to ensure compliance. Timely document submission and adherence to procedural deadlines are crucial to safeguarding the due process rights of individuals under your care.