§ 130A-144. Investigation and control measures. - North Carolina Statutes

§ 130A‑144. Investigation and control measures.

(a)        The local healthdirector shall investigate, as required by the Commission, cases ofcommunicable diseases and communicable conditions reported to the local healthdirector pursuant to this Article.

(b)        Physicians, personsin charge of medical facilities or laboratories, and other persons shall, uponrequest and proper identification, permit a local health director or the StateHealth Director to examine, review, and obtain a copy of medical or other recordsin their possession or under their control which the State Health Director or alocal health director determines pertain to the (i) diagnosis, treatment, orprevention of a communicable disease or communicable condition for a personinfected, exposed, or reasonably suspected of being infected or exposed to sucha disease or condition, or (ii) the investigation of a known or reasonablysuspected outbreak of a communicable disease or communicable condition.

(c)        A physician or aperson in charge of a medical facility or laboratory who permits examination,review or copying of medical records pursuant to subsection (b) shall be immunefrom any civil or criminal liability that otherwise might be incurred orimposed as a result of complying with a request made pursuant to subsection(b).

(d)        The attendingphysician shall give control measures prescribed by the Commission to a patientwith a communicable disease or communicable condition and to patientsreasonably suspected of being infected or exposed to such a disease orcondition. The physician shall also give control measures to other individualsas required by rules adopted by the Commission.

(e)        The local healthdirector shall ensure that control measures prescribed by the Commission havebeen given to prevent the spread of all reportable communicable diseases orcommunicable conditions and any other communicable disease or communicablecondition that represents a significant threat to the public health. The localhealth department shall provide, at no cost to the patient, the examination andtreatment for tuberculosis disease and infection and for sexually transmitteddiseases designated by the Commission.

(f)         All persons shallcomply with control measures, including submission to examinations and tests,prescribed by the Commission subject to the limitations of G.S. 130A‑148.

(g)        The Commissionshall adopt rules that prescribe control measures for communicable diseases andconditions subject to the limitations of G.S. 130A‑148. Temporary rulesprescribing control measures for communicable diseases and conditions shall beadopted pursuant to G.S. 150B‑13.

(h)        Anyone who assistsin an inquiry or investigation conducted by the State Health Director for thepurpose of evaluating the risk of transmission of HIV or Hepatitis B from aninfected health care worker to patients, or who serves on an expert panelestablished by the State Health Director for that purpose, shall be immune fromcivil liability that otherwise might be incurred or imposed for any acts or omissionswhich result from such assistance or service, provided that the person acts ingood faith and the acts or omissions do not amount to gross negligence, willfulor wanton misconduct, or intentional wrongdoing. This qualified immunity doesnot apply to acts or omissions which occur with respect to the operation of amotor vehicle. Nothing in this subsection provides immunity from liability fora violation of G.S. 130A‑143.  (1893, c. 214, s. 16; Rev., s. 4459; 1909, c. 793, s.8; C.S., s. 7158; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.2; 1987, c. 782, s. 14; 1991, c. 225, s. 1; 1995, c. 228, s. 1; 2001‑28,s. 2; 2004‑80, s. 6; 2009‑501, s. 2.)