§ 131E-154.8. Confidentiality. - North Carolina Statutes

§ 131E‑154.8.  Confidentiality.

(a)        Notwithstanding G.S. 8‑53 or any other law pertainingto confidentiality of communications between physician and patient, in thecourse of an inspection conducted pursuant to G.S. 131E‑154.5:

(1)        Department representatives may review any writing or otherrecord concerning the admission, discharge, medication, treatment, medicalcondition, or history of any person who is or has been a nursing pool patient;and

(2)        Any person involved in treating a patient at or through a nursingpool may disclose information to a Department representative unless the patientobjects in writing to review of his records or disclosure of the information. A nursing pool shall not release any information or allow any inspections underthis section without first informing each affected patient in writing of hisright to object to and thus prohibit release of information or review ofrecords pertaining to him.

Anursing pool, its employees, and any other person interviewed in the course ofan inspection shall be immune from liability for damages resulting fromdisclosure of the information to the Department.

(b)        The Department shall not disclose:

(1)        Any confidential or privileged information obtained underthis section unless the patient or his legal representative authorizesdisclosure in writing or unless a court of competent jurisdiction ordersdisclosure; or

(2)        The name of anyone who has furnished information concerninga nursing pool without that person's consent.

TheDepartment shall institute appropriate policies and procedures to ensure thatunauthorized disclosure does not occur.  Any Department employee who willfullydiscloses this information without appropriate authorization or court ordershall be guilty of a Class 3 misdemeanor and, upon conviction, only fined atthe discretion of the court but not in excess of five hundred dollars($500.00).

(c)        All confidential or privileged information obtained underthis section and the names of all persons providing this information are exemptfrom Chapter 132 of the General Statutes. (1989, c. 744, s. 1; 1993, c. 539, s. 963; 1994, Ex. Sess., c. 24, s.14(c).)