State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-66

§122C‑66.  Protection from abuse and exploitation; reporting.

(a)        An employee of or avolunteer at a facility who, other than as a part of generally accepted medicalor therapeutic procedure, knowingly causes pain or injury to a client orborrows or takes personal property from a client is guilty of a Class 1misdemeanor. Any employee or volunteer who uses reasonable force to carry outthe provisions of G.S. 122C‑60 or to protect himself or others from aviolent client does not violate this subsection.

(b)        An employee of afacility who witnesses or has knowledge of a violation of subsection (a) or ofan accidental injury to a client shall report the violation or accidentalinjury to authorized personnel designated by the facility. No employee making areport may be threatened or harassed by any other employee or volunteer onaccount of the report. Violation of this subsection is a Class 3 misdemeanorpunishable only by a fine, not to exceed five hundred dollars ($500.00).

(c)        The identity of anindividual who makes a report under this section or who cooperates in anensuing investigation may not be disclosed without his consent, except topersons authorized by the facility or by State or federal law to investigate orprosecute these incidents, or in a grievance or personnel hearing or civil orcriminal action in which a reporting individual is testifying, or whendisclosure is legally compelled or authorized by judicial discovery. Thissubsection shall not be interpreted to require the disclosure of the identityof an individual where it is otherwise prohibited by law.

(d)        An employee whomakes a report in good faith under this section is immune from any civilliability that might otherwise occur for the report. In any case involvingliability, making of a report under this section is prima facie evidence thatthe maker acted in good faith.

(e)        The duty imposed bythis section is in addition to any duty imposed by G.S. 7B‑301 or G.S.108A‑102.

(f)         The facility shallinvestigate or provide for the investigation of all reports made under theprovisions of this section. (1985, c. 589, s. 2; 1993, c.539, ss. 922, 923; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑202, s.13(ee).)