State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-170

§ 131E‑170. Inspections.

(a)        The Department shall make or cause to be made inspections ofCardiac Rehabilitation Programs as it deems necessary. The Department isempowered to delegate to a State officer, agent, board, bureau or division ofState government the authority to make these inspections according to the rulespromulgated by the Department. In addition, an individual who is not a Stateofficer or agent and who is delegated the authority to make these inspectionsmust be approved by the Department. The Department may revoke this delegatedauthority in its discretion.

(b)        Notwithstanding the provisions of G.S. 8‑53,"Communications between physician and patient," or any otherprovision of law relating to the confidentiality of communications between physicianand patient, the representatives of the Department who make these inspectionsmay review any writing or other record in any recording medium which pertainsto the admission, discharge, medication, treatment, medical condition, orhistory of persons who are or have been patients of the program being inspectedunless that patient objects in writing to review of that patient's records.Physicians, psychiatrists, nurses, and anyone else involved in giving treatmentat or through a program who may be interviewed by representatives of the Department may disclose to these representatives information related to anyinquiry, notwithstanding the existence of the physician‑patient privilegein G.S. 8‑53, "Communication between physician and patient," orany other rule of law, provided the patient has not made written objection tothis disclosure. The program, its employees, and any person interviewed duringthese inspections shall be immune from liability for damages resulting from thedisclosure of any information to the Department. Any confidential or privilegedinformation received from review of records or interviews shall be keptconfidential by the Department and not disclosed without written authorizationof the patient or legal representative, or unless disclosure is ordered by acourt of competent jurisdiction. The Department shall institute appropriatepolicies and procedures to ensure that this information shall not be disclosedwithout authorization or court order. The Department shall not disclose thename of anyone who has furnished information concerning a facility without theconsent of that person. Neither the names of persons furnishing information norany confidential or privileged information obtained from records or interviewsshall be considered "public records" within the meaning of G.S. 132‑1,"'Public records' defined." Prior to releasing any information orallowing any inspections referred to in this section, the patient must beadvised in writing by the program that the patient has the right to object inwriting to the release of information or review of the records and that by anobjection in writing the patient may prohibit the inspection or release of therecords. (1983, c. 775, s.1.)