Section 122C-22 - Exclusions from licensure; deemed status(a) All of the following are excluded from the provisions of this Article and are not required to obtain licensure under this Article: (1) Physicians and psychologists engaged in private office practice.(2) General hospitals licensed under Article 5 of Chapter 131E of the General Statutes, that operate special units for the mentally ill, developmentally disabled, or substance abusers.(3) State and federally operated facilities.(4) Adult care homes licensed under Chapter 131D of the General Statutes.(5) Developmental child care centers licensed under Article 7 of Chapter 110 of the General Statutes.(6) Persons subject to licensure under rules of the Social Services Commission.(7) Persons subject to rules and regulations of the Division of Employment and Independence for People with Disabilities.(8) Facilities that provide occasional respite care for not more than two individuals at a time; provided that the primary purpose of the facility is other than as defined in G.S. 122C-3(14).(9) Twenty-four-hour nonprofit facilities established for the purposes of shelter care and recovery from alcohol or other drug addiction through a 12-step, self-help, peer role modeling, and self-governance approach.(10) Inpatient chemical dependency or substance abuse facilities that provide services exclusively to inmates of the Department of Adult Correction, as described in G.S. 148-19.1. (11) A charitable, nonprofit, faith-based, adult residential treatment facility that does not receive any federal or State funding and is a religious organization exempt from federal income tax under section 501(a) of the Internal Revenue Code.(12) A home in which up to three adults, two or more having a disability, co-own or co-rent a home in which the persons with disabilities are receiving three or more hours of day services in the home or up to 24 hours of residential services in the home. The individuals who have disabilities cannot be required to move if the individuals change services, change service providers, or discontinue services.(b) The Commission may adopt rules establishing a procedure whereby a licensable facility certified by a nationally recognized agency, such as the Joint Commission on Accreditation of Hospitals, may be deemed licensed under this Article by the Secretary. Any facility licensed under the provisions of this subsection shall continue to be subject to inspection by the Secretary.N.C. Gen. Stat. § 122C-22
Amended by 2023 N.C. Sess. Laws 65,s. 8.3, eff. 6/29/2023.Amended by 2021 N.C. Sess. Laws 180, s. 19C.9-ooo, eff. 1/1/2023.Amended by 2017 N.C. Sess. Laws 186, s. 2-jjjjj, eff. 12/1/2017.Amended by 2013 N.C. Sess. Laws 410, s. 11, eff. 8/23/2013.Amended by 2012 N.C. Sess. Laws 15, s. 1, eff. 7/1/2012.Amended by 2011 N.C. Sess. Laws 202, s. 1, eff. 6/23/2011.Amended by 2011 N.C. Sess. Laws 145, s. 19.1-h, eff. 1/1/2012.Amended by 2004 N.C. Sess. Laws 0199, s. 32, eff. 8/17/2004.Amended by 2001 - 424, s. 25.19(b), eff. 7/1/2001. 1983 , c. 718, s. 1; 1983 Reg. Sess., 1984 , c. 1110, s. 5; 1985 , c. 589, s. 2; c. 695, s. 13; 1987 , c. 345, s. 2; 1989 , c. 625, s. 5; 1995 , c. 535, s. 7; 1997-506, s. 43; 2000-67, s. 11.25A.