State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-25

§ 122C‑25.  Inspections;confidentiality.

(a)        The Secretary shallmake or cause to be made inspections that the Secretary considers necessary.Facilities licensed under this Article shall be subject to inspection at alltimes by the Secretary. All residential facilities as defined in G.S. 122C‑3(14)e.shall be inspected on an annual basis.

(b)        NotwithstandingG.S. 8‑53, G.S. 8‑53.3 or any other law relating to confidentialityof communications involving a patient or client, in the course of an inspectionconducted under this section, representatives of the Secretary may review anywriting or other record concerning the admission, discharge, medication,treatment, medical condition, or history of any individual who is or has been apatient, resident, or client of a licensable facility and the personnel recordsof those individuals employed by the licensable facility.

A licensable facility, itsemployees, and any other individual interviewed in the course of an inspectionare immune from liability for damages resulting from disclosure of anyinformation to the Secretary.

Except as required by law, itis unlawful for the Secretary or an employee of the Department to disclose thefollowing information to someone not authorized to receive the information:

(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 a licensable facility without the individual'sconsent.

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

All confidential or privilegedinformation obtained under this section and the names of persons providing thisinformation are exempt from Chapter 132 of the General Statutes.

(c)        The Secretary shalladopt rules regarding inspections, that, at a minimum, provide for:

(1)        A generaladministrative schedule for inspections; and

(2)        An unscheduledinspection without notice, if there is a complaint alleging the violation ofany licensing rule adopted under this Article.

(d)        All residentialfacilities, as defined in G.S. 122C‑3(14)e., shall ensure that theDivision of Health Service Regulation complaint hotline number is postedconspicuously in a public place in the facility. (1983, c. 718, s. 1; 1985, c.589, s. 2; 1993, c. 539, s. 918; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑276,ss. 10.40A(g), 10.40A(h); 2007‑182, s. 1.)