90-5.4. Duty to report.
(a) Every licensee has a duty to report in writing to the Board within 30 days any incidents that licensee reasonably believes to have occurred involving any of the following:
(1) Sexual misconduct of any person licensed by the Board under this Article with a patient. Patient consent or initiation of acts or contact by a patient shall not constitute affirmative defenses to sexual misconduct. For purposes of this section, the term "sexual misconduct" means vaginal intercourse, or any sexual act or sexual contact or touching as described in G.S. 14-27.20. Sexual misconduct shall not include any act or contact that is for an accepted medical purpose.
(2) Fraudulent prescribing, drug diversion, or theft of any controlled substances by another person licensed by the Board under this Article. For purposes of this section, "drug diversion" means transferring controlled substances or prescriptions for controlled substances to (i) the licensee for personal use; (ii) a licensee's immediate family member; (iii) any other person living in the same residence as the licensee; (iv) any person with whom the licensee is having a sexual relationship; or (v) any individual unless for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. For the purposes of this section, the term "immediate family member" means a spouse, parent, child, sibling, and any step-family member or in-law coextensive with the preceding identified relatives.
(b) For persons issued a license to practice by the Board under this Article, failure to report under this section shall constitute unprofessional conduct and shall be grounds for discipline under G.S. 90-14(a)(6). However, persons licensed by the Board who are employed by or serving as a director or agent of the North Carolina Physicians Health Program and who obtain information exclusively while functioning in their role as employee, director, or agent of the North Carolina Physicians Health Program that causes them reasonably to believe that incidents referred to in subdivisions (1) and (2) of subsection (a) of this section occurred shall not be required to report pursuant to this section but shall comply with the reporting provisions contained in G.S. 90-21.22.
(c) Any person who reports under this section in good faith and without fraud or malice shall be immune from civil liability. Reports made in bad faith, fraudulently, or maliciously shall constitute unprofessional conduct and shall be grounds for discipline under G.S. 90-14(a)(6).
(d) The Board may adopt rules to implement this section. (2019-191, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 1 - Practice of Medicine.
§ 90-1 - North Carolina Medical Society incorporated.
§ 90-3 - Review Panel recommends certain Board members; criteria for recommendations.
§ 90-4 - Board elects officers; quorum.
§ 90-5.1 - Powers and duties of the Board.
§ 90-5.2 - Board to collect and publish certain data.
§ 90-5.3 - Reporting and publication of medical judgments, awards, payments, and settlements.
§ 90-8 - Officers may administer oaths, and subpoena witnesses, records and other materials.
§ 90-8.1 - Rules governing applicants for licensure.
§ 90-8.2 - Appointment of subcommittees.
§ 90-9.1 - Requirements for licensure as a physician under this Article.
§ 90-9.2 - Requirements for graduates of international medical schools.
§ 90-9.3 - Requirements for licensure as a physician assistant.
§ 90-9.4 - Requirements for licensure as an anesthesiologist assistant.
§ 90-10.1 - Examinations accepted by the Board.
§ 90-11 - Criminal background checks.
§ 90-12.01 - Limited license to practice in a medical education and training program.
§ 90-12.1 - Recodified as G.S90-12.4, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.1A - Limited volunteer license.
§ 90-12.1B - Retired limited volunteer license.
§ 90-12.2 - Recodified as G.S90-12.5, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.2A - Special purpose license.
§ 90-12.3 - Medical school faculty license.
§ 90-12.4 - Physician assistant limited volunteer license.
§ 90-12.4B - Physician Assistant retired limited volunteer license.
§ 90-12.5 - Disasters and emergencies.
§ 90-12.7 - Treatment of overdose with opioid antagonist; immunity.
§ 90-13.2 - Registration every year with Board.
§ 90-13.3 - Salaries, fees, expenses of the Board.
§ 90-14 - Disciplinary Authority.
§ 90-14.1 - Judicial review of Board's decision denying issuance of a license.
§ 90-14.2 - Hearing before disciplinary action.
§ 90-14.3 - Service of notices.
§ 90-14.5 - Use of recommended decisions; appointment of hearing officers.
§ 90-14.6 - Evidence admissible.
§ 90-14.7 - Procedure where person fails to request or appear for hearing.
§ 90-14.8 - Appeal from Board's decision taking disciplinary action on a license.
§ 90-14.9 - Appeal bond; stay of Board order.
§ 90-14.11 - Appeal; appeal bond.
§ 90-15 - Recodified as G.S90-13.1, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-15.1 - Recodified as G.S90-13.2, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-18 - Practicing without license; penalties.
§ 90-18.1 - Limitations on physician assistants.
§ 90-18.2 - Limitations on nurse practitioners.
§ 90-18.3 - Medical or physical examination by nurse practitioners and physician assistants.
§ 90-18.4 - Limitations on clinical pharmacist practitioners.
§ 90-18.5 - Limitations on anesthesiologist assistants.
§ 90-18.6 - Requirements for certain nicotine replacement therapy programs.