State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-192

§122C‑192.  Review and protection of information.

(a)        NotwithstandingG.S. 8‑53, G.S. 8‑53.3, or any other law relating toconfidentiality of communications involving a patient or client, as needed toensure quality assurance activities, the Secretary may review any writing orother record concerning the admission, discharge, medication, treatment,medical condition, or history of a client of an area authority or Statefacility.  The Secretary may also review the personnel records of employees ofan area authority or State facility.

(b)        An area authority,State facility, its employees, and any other individual interviewed in thecourse of an inspection are immune from liability for damages resulting fromdisclosure of any information to the Secretary.

Except as required by law, itis unlawful for the Secretary or his representative to disclose:

(1)        Any confidential orprivileged information obtained under this section unless the client or hislegally responsible person authorizes disclosure in writing; or

(2)        The name of anyonewho has furnished information concerning an area authority or State facilitywithout that individual's consent.

Violation of this subsectionis a Class 3 misdemeanor punishable only by a fine, not to exceed five hundreddollars ($500.00).

(c)        The Secretary shalladopt rules to ensure that unauthorized disclosure does not occur.

(d)        All confidential orprivileged information obtained under this section and the names of individualsproviding such information are not public records under Chapter 132 of theGeneral Statutes. (1985, c. 589, s. 2; 1993, c. 539, s. 926; 1994, Ex.Sess., c. 24, s. 14(c).)