131E-109. Penalties.
(a) Any person establishing, conducting, managing, or operating any nursing home without a license is guilty of a Class 3 misdemeanor, and upon conviction is only liable for a fine of not more than five hundred dollars ($500.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Each day of a continuing violation after conviction is a separate offense.
(b) Any person acting under the authority of the Department that gives advance notice to an operator of a nursing home of the date or time that the nursing home is to be inspected is guilty of a Class 3 misdemeanor. The inspection of a nursing home for initial licensure is exempt from the prohibition of prior notice. All subsequent inspections shall comply with this subsection.
(c) The Secretary or a designee of the Secretary may suspend the admission of any new patients or residents at any nursing home or domiciliary home where the conditions of the nursing home or domiciliary home are detrimental to the health or safety of the patient or resident. This suspension remains in effect until the Secretary is satisfied that conditions or circumstances merit the removal of the suspension. This subsection is in addition to the authority to suspend or revoke the license of the home. Any facility wishing to contest a suspension of admissions is entitled to an administrative hearing as provided in the Administrative Procedure Act, Chapter 150B of the General Statutes. The petition for a contested case shall be filed in the Office of Administrative Hearings within 20 days after the Department mails a written notice of suspension of admissions to the facility.
(d) Except as otherwise provided in this Part, any person that violates any provision of this Part, willfully fails to perform any act required by this Part, or willfully performs any act prohibited by this Part is guilty of a Class 1 misdemeanor.
(e) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 656, ss. 1, 2; 1981, c. 667, ss. 1, 2; 1983, c. 775, s. 1; 1991, c. 143, s. 3; c. 761, s. 25; 1993, c. 539, s. 960; 1994, Ex. Sess., c. 24, s. 14(c); 1998-215, s. 78(c); 2021-84, s. 11.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 131E - Health Care Facilities and Services
Article 6 - Health Care Facility Licensure Act.
§ 131E-102 - Licensure requirements.
§ 131E-103 - Adverse action on a license.
§ 131E-104 - Rules and enforcement.
§ 131E-106 - Evaluation of residents in adult care homes.
§ 131E-107 - Quality assurance, medical, or peer review committees.
§ 131E-112 - Waiver of rules and increase in bed capacity during an emergency.
§ 131E-112.7 - Patient visitation rights for nursing home residents and combination home residents.
§ 131E-113 - Immunization of employees and residents.
§ 131E-114 - Special care units; disclosure of information required.
§ 131E-114.1 - Posting of information indicating number of staff on duty.
§ 131E-114.2 - Use of medication aides to perform technical aspects of medication administration.
§ 131E-114.3 - Smoking prohibited inside long-term care facilities; penalty.
§ 131E-115 - Legislative intent.
§ 131E-117 - Declaration of patient's rights.
§ 131E-118 - Transfer of management responsibilities.
§ 131E-119 - No waiver of rights.
§ 131E-120 - Notice to patient.
§ 131E-121 - Responsibility of administrator.
§ 131E-124 - Enforcement and investigation; confidentiality.
§ 131E-125 - Revocation of a license.
§ 131E-127 - No interference with practice of medicine or physician-patient relationship.
§ 131E-128 - Nursing home advisory committees.
§ 131E-128.1 - Nursing home medication management advisory committee.
§ 131E-128.3 - Staff orientation on medication error prevention.
§ 131E-128.4 - Nursing home pharmacy reports; duties of consultant pharmacist.
§ 131E-129 - Penalties; remedies.
§ 131E-130 - First available bed priority for certain nursing home patients.
§ 131E-131 - Rule-making authority; enforcement.
§ 131E-137 - Services to be provided in all counties.
§ 131E-138 - Licensure requirements.
§ 131E-139 - Adverse action on a license.
§ 131E-140 - Rules and enforcement.
§ 131E-141.1 - Penalties for violation.
§ 131E-143 - Smoking prohibited; penalty.
§ 131E-144.1 - Legislative intent.
§ 131E-144.3 - Declaration of home care clients' rights.
§ 131E-144.4 - Notice to client.
§ 131E-144.5 - Implementation.
§ 131E-144.6 - Enforcement and investigation.
§ 131E-144.7 - Confidentiality.
§ 131E-147 - Licensure requirement.
§ 131E-147.1 - Fair billing and collections practices for ambulatory surgical facilities.
§ 131E-148 - Adverse action on a license.
§ 131E-149 - Rules and enforcement.
§ 131E-154.1 - Title; purpose.
§ 131E-154.4 - Rules and enforcement.
§ 131E-154.6 - Adverse action on a license; appeal procedures.
§ 131E-154.8 - Confidentiality.