State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-8

§ 90‑8.  Officersmay administer oaths, and subpoena witnesses, records and other materials.

The president and secretary of the Board may administer oaths to allpersons appearing before it as the Board may deem necessary to perform itsduties, and may summon and issue subpoenas for the appearance of any witnessesdeemed necessary to testify concerning any matter to be heard before orinquired into by the Board. The Board may order that any patient records,documents or other material concerning any matter to be heard before orinquired into by the Board shall be produced before the Board or made availablefor inspection, notwithstanding any other provisions of law providing for theapplication of any physician‑patient privilege with respect to suchrecords, documents or other material.  All records, documents, or othermaterial compiled by the Board are subject to the provisions of G.S. 90‑16. Notwithstanding the provisions of G.S. 90‑16, in any proceeding beforethe Board, in any record of any hearing before the Board, and in the notice ofcharges against any licensee, the Board shall withhold from public disclosurethe identity of a patient including information relating to dates and places oftreatment, or any other information that would tend to identify the patient,unless the patient or the representative of the patient expressly consents tothe disclosure.  Upon written request, the Board shall revoke a subpoena if,upon a hearing, it finds that the evidence the production of which is requireddoes not relate to a matter in issue, or if the subpoena does not describe withsufficient particularity the evidence the production of which is required, orif for any other reason in law the subpoena is invalid. (1913, c. 20, s. 7; C.S., s. 6612; Ex. Sess. 1921, c.44, s. 3; 1953, c. 1248, s. 1; 1975, c. 690, s. 1; 1979, c. 107, s. 8; 1987, c.859, s. 5; 1991, c. 348.)

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-8

§ 90‑8.  Officersmay administer oaths, and subpoena witnesses, records and other materials.

The president and secretary of the Board may administer oaths to allpersons appearing before it as the Board may deem necessary to perform itsduties, and may summon and issue subpoenas for the appearance of any witnessesdeemed necessary to testify concerning any matter to be heard before orinquired into by the Board. The Board may order that any patient records,documents or other material concerning any matter to be heard before orinquired into by the Board shall be produced before the Board or made availablefor inspection, notwithstanding any other provisions of law providing for theapplication of any physician‑patient privilege with respect to suchrecords, documents or other material.  All records, documents, or othermaterial compiled by the Board are subject to the provisions of G.S. 90‑16. Notwithstanding the provisions of G.S. 90‑16, in any proceeding beforethe Board, in any record of any hearing before the Board, and in the notice ofcharges against any licensee, the Board shall withhold from public disclosurethe identity of a patient including information relating to dates and places oftreatment, or any other information that would tend to identify the patient,unless the patient or the representative of the patient expressly consents tothe disclosure.  Upon written request, the Board shall revoke a subpoena if,upon a hearing, it finds that the evidence the production of which is requireddoes not relate to a matter in issue, or if the subpoena does not describe withsufficient particularity the evidence the production of which is required, orif for any other reason in law the subpoena is invalid. (1913, c. 20, s. 7; C.S., s. 6612; Ex. Sess. 1921, c.44, s. 3; 1953, c. 1248, s. 1; 1975, c. 690, s. 1; 1979, c. 107, s. 8; 1987, c.859, s. 5; 1991, c. 348.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-8

§ 90‑8.  Officersmay administer oaths, and subpoena witnesses, records and other materials.

The president and secretary of the Board may administer oaths to allpersons appearing before it as the Board may deem necessary to perform itsduties, and may summon and issue subpoenas for the appearance of any witnessesdeemed necessary to testify concerning any matter to be heard before orinquired into by the Board. The Board may order that any patient records,documents or other material concerning any matter to be heard before orinquired into by the Board shall be produced before the Board or made availablefor inspection, notwithstanding any other provisions of law providing for theapplication of any physician‑patient privilege with respect to suchrecords, documents or other material.  All records, documents, or othermaterial compiled by the Board are subject to the provisions of G.S. 90‑16. Notwithstanding the provisions of G.S. 90‑16, in any proceeding beforethe Board, in any record of any hearing before the Board, and in the notice ofcharges against any licensee, the Board shall withhold from public disclosurethe identity of a patient including information relating to dates and places oftreatment, or any other information that would tend to identify the patient,unless the patient or the representative of the patient expressly consents tothe disclosure.  Upon written request, the Board shall revoke a subpoena if,upon a hearing, it finds that the evidence the production of which is requireddoes not relate to a matter in issue, or if the subpoena does not describe withsufficient particularity the evidence the production of which is required, orif for any other reason in law the subpoena is invalid. (1913, c. 20, s. 7; C.S., s. 6612; Ex. Sess. 1921, c.44, s. 3; 1953, c. 1248, s. 1; 1975, c. 690, s. 1; 1979, c. 107, s. 8; 1987, c.859, s. 5; 1991, c. 348.)