North Carolina Commission for Mental Health, Developmental Disabilities and Substance Abuse Services
The Commission for Mental Health, Developmental Disabilities and Substance Abuse Services (Commission) of the North Carolina Department of Health and Human Services was created in 1973 as part of the Executive Organization Act. Its creation, powers and duties are set forth, in part, in N.C.G.S. § 143B-147. Its mission is to promote excellence in prevention, treatment and rehabilitation programs for persons with mental illness, developmental disabilities and substance use disorders in North Carolina.
The Commission has the authority to adopt, amend and repeal rules to be used in the implementation of state and local mental health, developmental disability and substance use service programs. The Commission also has the authority to modify specific storage, security, transaction limits and record keeping requirements that apply to particular pseudoephedrine products.
NC Commission for MH/DD/SAS October 2024 Advisory Committee Agenda
NC Commission for MH/DD/SAS 2024 Calendar
History of the Commission
The Commission was established as part of the Executive Organization Act of 1973. That act is now set forth in North Carolina General Statute §143B-147. The Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 extended the powers and duties of the Commission in North Carolina General Statute §122C-26. Session Law 2001-437, House Bill 381, An Act to Phase in Implementation of Mental Health System Reform at the State and Local Level, commonly referred to as the Mental Health Reform Legislation, further amended the powers and duties of the Commission. Current versions of each statute referred to in the original legislation can be located via the General Statutes link on the North Carolina General Assembly's webpage.
Links to the statutes and Session Law described above are provided below.
N.C.G.S. § 143B-147
Mental Health, Developmental Disabilities and Substance Abuse Services Act of 1985
Session Law 2001-437, HB 381: Mental Health Reform Legislation
Commission Organization and Membership
Membership in the Commission is governed by North Carolina General Statute § 143B-148. By statute, there are 32 members of the Commission. Each member represents a specific appointment category identified in the statute and a congressional district of our state. The Governor appoints 24 members of the Commission while the General Assembly appoints the remaining eight. Of the appointees from the General Assembly, four appointments are made on the recommendation of the Speaker of the House and four on the recommendation of the President Pro Tempore of the Senate. The Governor appoints the Chair of the Commission. Commission members serve until their own terms expire and until those who will replace them have been appointed and have completed all requirements of the State Ethics Commission. The Commission roster reflects the current membership of the Commission as well as the appointing body, the appointment category, and, where known, the congressional district of each appointee.
Commission Roster
The Commission established the Rules Committee as well as the Advisory Committee to carry out its two primary functions: rulemaking and serving in an advisory capacity to the Secretary of the North Carolina Department of Health and Human Services. Committee membership is comprised of current members of the Commission who are appointed to the committees by the Chair of the Commission.
Rules Committee Roster
Advisory Committe Roster
Division Staff
The Secretary of the Department of Health and Human Services provides staff support to the Commission. Support is provided by the Division of Mental Health, Developmental Disabilities and Substance Use Services.
DMH/DD/SUS Staff Roster
Commission Rulemaking Process
Flowchart for Rulemaking Process
Waivers of Rules
Proposed Rules
NC Administrative Code
Periodic Review and Expiration of Existing Rules
Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services and the Division of Mental Health, Developmental Disabilities, and Substance Use Services have posted Initial Determination Reports for the rules in 10A NCAC Subchapter 27G of the North Carolina Administrative Code for public comment. These rules govern mental health, developmental disabilities, and substances abuse facilities and services.
Public comment means written comments objecting to the rule, in whole or in part, or objecting to an agency's determination of the rule as necessary or unnecessary, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public; the comment must address the content of the rule to be considered by the Rules Review Commission. An unnecessary rule is defined as a rule that the agency determines to be obsolete, redundant, or otherwise not needed. A necessary rule is defined as any rule other than an unnecessary rule.
Public Comments Period: Sept. 18 2024 - Nov. 16, 2024
The following reports are available for public comment.
- 10A NCAC 26C, Other General Rules, Section .0100, Rule .0402, and Section .0500
- 10A NCAC 26C, Other General Rules, Sections .0200, .0300, Rule .0401, and Section .0600
- 10A NCAC 27C, Procedures and General Information
- 10A NCAC 27E, Treatment or Habilitation Rights
- 10A NCAC 27F, 24-Hour Facilities
- 10A NCAC 27H, Miscellaneous Rules
- 10A NCAC 27I, Area Authority or County Program Requirements Sections .0400, .0500
- 10A NCAC 27I, Area Authority or County Program Requirements Section .0600
- 10A NCAC 28A, Committees and Procedures
- 10A NCAC 28B, Civil and Legal Rights
- 10A NCAC 28C, Dignity and Respect
- 10A NCAC 28D, Treatment or Habilitation Rights
- 10A NCAC 28E, Advance Care Directives for Clients
During the public comment period, public comments may be entered directly into the data base or submitted to:
Denise Baker
3001 Mail Service Center
Raleigh, NC 27699-3001
Email: DMHDDSASRules@dhhs.nc.gov