§ 131E-78. Adverse action on a license. - North Carolina Statutes

§ 131E‑78.  Adverseaction on a license.

(a)        The Departmentshall have the authority to deny, suspend, revoke, annul, withdraw, recall,cancel, or amend a license in any case when it finds a substantial failure tocomply with the provisions of this Part or any rule promulgated under thisPart.

(b)        Repealed by SessionLaws 2007‑444, s. 1, effective August 23, 2007.

(b1)      The Secretary maysuspend the admission of any new patients to specific areas of a hospital orsuspend specific services of a hospital licensed under this Article where theconditions of the hospital constitute a substantial failure to comply with theprovisions of this Part or any rule adopted under this Part and are dangerousto the health or safety of the patients. When the Secretary suspends admissionsor specific services, the suspension shall be limited to the smallest possiblecomponents of the hospital. The Department shall provide consultation to assistthe hospital in correcting the conditions that led to the suspension in orderthat the suspension can be lifted at the earliest possible time after theSecretary is satisfied that conditions or circumstances merit removal of thesuspension. In determining whether to suspend admissions or services under thissubsection, the Secretary shall consider the following factors:

(1)        The character anddegree of impact of the conditions at the hospital on the health and safety ofits patients.

(2)        The character anddegree of impact that the proposed suspension of admissions or services wouldhave on the functionality of the hospital and the availability of servicesnecessary to the community or to current patients of the hospital.

(3)        Whether all otherreasonable means for correcting the problem have been exhausted and no lessrestrictive alternative to suspension of admissions or service exists.

(c)        Repealed by SessionLaws 2007‑444, s. 1, effective August 23, 2007.

(c1)      A hospital maycontest any adverse action on its license under this section in accordance withChapter 150B of the General Statutes. (1947, c. 933, s. 6; 1973, c. 476, s. 152; c. 1090, s.1; 1981, c. 614, ss. 16, 17; 1983, c. 775, s. 1; 1987, c. 827, s. 1; 2007‑444,s. 1.)