State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-14_13

§ 90‑14.13.  Reports ofdisciplinary action by health care institutions; reports of professionalliability insurance awards or settlements; immunity from liability.

(a)        The chiefadministrative officer of every licensed hospital or other health care institution,including Health Maintenance Organizations, as defined in G.S. 58‑67‑5,preferred providers, as defined in G.S. 58‑50‑56, and all otherprovider organizations that issue credentials to physicians who practicemedicine in the State, shall, after consultation with the chief of staff ofthat institution, report to the Board the following actions involving aphysician's privileges to practice in that institution within 30 days of thedate that the action takes effect:

(1)        A summaryrevocation, summary suspension, or summary limitation of privileges, regardlessof whether the action has been finally determined.

(2)        A revocation,suspension, or limitation of privileges that has been finally determined by thegoverning body of the institution.

(3)        A resignation frompractice or voluntary reduction of privileges.

(4)        Any actionreportable pursuant to Title IV of P.L. 99‑660, the Health Care QualityImprovement Act of 1986, as amended, not otherwise reportable undersubdivisions (1), (2), or (3) of this subsection.

(a1)      A hospital is notrequired to report:

(1)        The suspension orlimitation of a physician's privileges for failure to timely complete medicalrecords unless the suspension or limitation is the third within the calendaryear for failure to timely complete medical records. Upon reporting the thirdsuspension or limitation, the hospital shall also report the previous twosuspensions or limitations.

(2)        A resignation frompractice due solely to the physician's completion of a medical residency,internship, or fellowship.

(a2)      The Board shallreport all violations of subsection (a) of this section known to it to thelicensing agency for the institution involved. The licensing agency for theinstitution involved is authorized to order the payment of a civil penalty oftwo hundred fifty dollars ($250.00) for a first violation and five hundreddollars ($500.00) for each subsequent violation if the institution fails toreport as required under subsection (a) of this section.

(b)        Any licensedphysician who does not possess professional liability insurance shall report tothe Board any award of damages or any settlement of any malpractice complaintaffecting his or her practice within 30 days of the award or settlement.

(c)        The chiefadministrative officer of each insurance company providing professionalliability insurance for physicians who practice medicine in North Carolina, theadministrative officer of the Liability Insurance Trust Fund Council created byG.S. 116‑220, and the administrative officer of any trust fund or otherfund operated or administered by a hospital authority, group, or provider shallreport to the Board within 30 days any of the following:

(1)        Any award of damagesor settlement of any claim or lawsuit affecting or involving a person licensedunder this Article that it insures.

(2)        Any cancellation ornonrenewal of its professional liability coverage of a physician, if thecancellation or nonrenewal was for cause.

(3)        A malpracticepayment that is reportable pursuant to Title IV of P.L. 99‑660, theHealth Care Quality Improvement Act of 1986, as amended, not otherwisereportable under subdivision (1) or (2) of this subsection.

(d)        The Board shallreport all violations of this section to the Commissioner of Insurance. TheCommissioner of Insurance is authorized to order the payment of a civil penaltyof two hundred fifty dollars ($250.00) for a first violation and five hundreddollars ($500.00) for each subsequent violation against an insurer for failureto report as required under this section.

(e)        The Board mayrequest details about any action covered by this section, and the licensees orofficers shall promptly furnish the requested information. The reports requiredby this section are privileged, not open to the public, confidential and are notsubject to discovery, subpoena, or other means of legal compulsion for releaseto anyone other than the Board or its employees or agents involved inapplication for license or discipline, except as provided in G.S. 90‑16.Any officer making a report required by this section, providing additionalinformation required by the Board, or testifying in any proceeding as a resultof the report or required information shall be immune from any criminalprosecution or civil liability resulting therefrom unless such person knew thereport was false or acted in reckless disregard of whether the report wasfalse. (1981, c.573, s. 14; 1987, c. 859, s. 11; 1995, c. 405, s. 8; 1997‑481, s. 2; 1997‑519,s. 3.14; 2006‑144, s. 6.)