State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-256

§ 131E‑256.  Health CarePersonnel Registry.

(a)        The Departmentshall establish and maintain a health care personnel registry containing thenames of all health care personnel working in health care facilities in NorthCarolina who have:

(1)        Been subject tofindings by the Department of:

a.         Neglect or abuse ofa resident in a health care facility or a person to whom home care services asdefined by G.S. 131E‑136 or hospice services as defined by G.S. 131E‑201are being provided.

b.         Misappropriation ofthe property of a resident in a health care facility, as defined in subsection(b) of this section including places where home care services as defined byG.S. 131E‑136 or hospice services as defined by G.S. 131E‑201 arebeing provided.

c.         Misappropriation ofthe property of a health care facility.

d.         Diversion of drugsbelonging to a health care facility.

d1.       Diversion of drugsbelonging to a patient or client of the health care facility.

e.         Fraud against ahealth care facility.

e1.       Fraud against apatient or client for whom the employee is providing services.

(2)        Been accused of anyof the acts listed in subdivision (1) of this subsection, but only after theDepartment has screened the allegation and determined that an investigation isrequired.

The Health Care PersonnelRegistry shall also contain all findings by the Department of neglect of aresident in a nursing facility or abuse of a resident in a nursing facility ormisappropriation of the property of a resident in a nursing facility by a nurseaide that are contained in the nurse aide registry under G.S. 131E‑255.

(a1)      The Department shallinclude in the registry a brief statement of any individual disputing thefinding entered against the individual in the health care personnel registrypursuant to subdivision (1) of subsection (a) of this section.

(b)        For the purpose ofthis section, the following are considered to be "health carefacilities":

(1)        Adult Care Homes asdefined in G.S. 131D‑2.1.

(2)        Hospitals as definedin G.S. 131E‑76.

(3)        Home Care Agenciesas defined in G.S. 131E‑136.

(4)        Nursing Pools asdefined by G.S. 131E‑154.2.

(5)        Hospices as definedby G.S. 131E‑201.

(6)        Nursing Facilitiesas defined by G.S. 131E‑255.

(7)        State‑OperatedFacilities as defined in G.S. 122C‑3(14)f.

(8)        Residential Facilitiesas defined in G.S. 122C‑3(14)e.

(9)        24‑HourFacilities as defined in G.S. 122C‑3(14)g.

(10)      Licensable Facilitiesas defined in G.S. 122C‑3(14)b.

(11)      Multiunit AssistedHousing with Services as defined in G.S. 131D‑2.1.

(12)      Community‑BasedProviders of Services for the Mentally Ill, the Developmentally Disabled, andSubstance Abusers that are not required to be licensed under Article 2 ofChapter 122C of the General Statutes.

(13)      Agencies providing in‑homeaide services funded through the Home and Community Care Block Grant Program inaccordance with G.S. 143B‑181.1(a)11.

(c)        For the purpose ofthis section, the term "health care personnel" means any unlicensedstaff of a health care facility that has direct access to residents, clients,or their property. Direct access includes any health care facility unlicensedstaff that during the course of employment has the opportunity for directcontact with an individual or an individual's property, when that individual isa resident or person to whom services are provided.

(d)        Health carepersonnel who wish to contest findings under subdivision (a)(1) of this sectionare entitled to an administrative hearing as provided by the AdministrativeProcedure Act, Chapter 150B of the General Statutes. A petition for a contestedcase shall be filed within 30 days of the mailing of the written notice of theDepartment's intent to place its findings about the person in the Health CarePersonnel Registry.

(d1)      Health carepersonnel who wish to contest the placement of information under subdivision(a)(2) of this section are entitled to an administrative hearing as provided bythe Administrative Procedure Act, Chapter 150B of the General Statutes. Apetition for a contested case hearing shall be filed within 30 days of themailing of the written notice of the Department's intent to place informationabout the person in the Health Care Personnel Registry under subdivision (a)(2)of this section. Health care personnel who have filed a petition contesting theplacement of information in the health care personnel registry undersubdivision (a)(2) of this section are deemed to have challenged any findingsmade by the Department at the conclusion of its investigation.

(d2)      Before hiring healthcare personnel into a health care facility or service, every employer at ahealth care facility shall access the Health Care Personnel Registry and shallnote each incident of access in the appropriate business files.

(e)        The Departmentshall provide an employer at a health care facility or potential employer at ahealth care facility of any person listed on the Health Care Personnel Registryinformation concerning the nature of the finding or allegation and the statusof the investigation.

(f)         No person shall beliable for providing any information for the health care personnel registry ifthe information is provided in good faith. Neither an employer, potentialemployer, nor the Department shall be liable for using any information from thehealth care personnel registry if the information is used in good faith for thepurpose of screening prospective applicants for employment or reviewing theemployment status of an employee.

(g)        Health carefacilities shall ensure that the Department is notified of all allegationsagainst health care personnel, including injuries of unknown source, whichappear to be related to any act listed in subdivision (a)(1) of this section.Facilities must have evidence that all alleged acts are investigated and mustmake every effort to protect residents from harm while the investigation is inprogress. The results of all investigations must be reported to the Departmentwithin five working days of the initial notification to the Department.

(g1)      Health carefacilities defined in subsection (b) of this section are permitted to provideconfidential or other identifying information to the Health Care PersonnelRegistry, including social security numbers, taxpayer identification numbers,parent's legal surname prior to marriage, and dates of birth, for verifying theidentity of accused health care personnel. Confidential or other identifyinginformation received by the Health Care Personnel Registry is not a publicrecord under Chapter 132 of the General Statutes.

(h)        The North CarolinaMedical Care Commission shall adopt, amend, and repeal all rules necessary forthe implementation of this section.

(i)         In the case of afinding of neglect under subdivision (1) of subsection (a) of this section, theDepartment shall establish a procedure to permit health care personnel to petitionthe Department to have his or her name removed from the registry upon adetermination that:

(1)        The employment andpersonal history of the health care personnel does not reflect a pattern ofabusive behavior or neglect;

(1a)      The health carepersonnel's name was added to the registry for a single finding of neglect;

(2)        The neglect involvedin the original finding was a singular occurrence; and

(3)        The petition forremoval is submitted after the expiration of the one‑year period whichbegan on the date the petitioner's name was added to the registry undersubdivision (1) of subsection (a) of this section.

(i1)       Health carepersonnel who wish to contest a decision by the Department to deny a removal ofa single finding of neglect from the Health Care Personnel Registry undersubdivision (1a) of subsection (i) of this section are entitled to anadministrative hearing under Chapter 150B of the General Statutes. A petitionfor a contested case hearing shall be filed within 30 days of the mailing ofthe written notice of the Department's denial of a removal of a finding ofneglect.

(j)         Removal of afinding of neglect from the registry under this section may occur only oncewith respect to any person.  (1995 (Reg. Sess., 1996), c. 713, s. 3(b); 1998‑212,s. 12.16E; 1999‑159, s. 1; 2000‑55, s. 1; 2004‑203, ss.52(a), (b), (c); 2007‑544, s. 2; 2009‑316, ss. 1(a), (b), 2; 2009‑462,s. 4(m).)