§ 14-32.2. Patient abuse and neglect; punishments. - North Carolina Statutes

§ 14‑32.2.  Patientabuse and neglect; punishments.

(a)        It shall beunlawful for any person to physically abuse a patient of a health care facilityor a resident of a residential care facility, when the abuse results in deathor bodily injury.

(b)        Unless the conductis prohibited by some other provision of law providing for greater punishment:

(1)        A violation ofsubsection (a) above is a Class C felony where intentional conduct proximatelycauses the death of the patient or resident;

(2)        A violation of subsection(a) above is a Class E felony where culpably negligent conduct proximatelycauses the death of the patient or resident;

(3)        A violation ofsubsection (a) above is a Class F felony where such conduct is willful orculpably negligent and proximately causes serious bodily injury to the patientor resident;

(4)        A violation ofsubsection (a) is a Class H felony where such conduct evinces a pattern ofconduct and the conduct is willful or culpably negligent and proximately causesbodily injury to a patient or resident.

(c)        "Health CareFacility" shall include hospitals, skilled nursing facilities,intermediate care facilities, intermediate care facilities for the mentallyretarded, psychiatric facilities, rehabilitation facilities, kidney diseasetreatment centers, home health agencies, ambulatory surgical facilities, andany other health care related facility whether publicly or privately owned.

(c1)      "ResidentialCare Facility" shall include adult care homes and any other residentialcare related facility whether publicly or privately owned.

(d)        "Person"shall include any natural person, association, corporation, partnership, orother individual or entity.

(e)        "Culpablynegligent" shall mean conduct of a willful, gross and flagrant character,evincing reckless disregard of human life.

(e1)      "Abuse"means the willful or culpably negligent infliction of physical injury or thewillful or culpably negligent violation of any law designed for the health orwelfare of a patient or resident.

(f)         Any defense whichmay arise under G.S. 90‑321(h) or G.S. 90‑322(d) pursuant tocompliance with Article 23 of Chapter 90 shall be fully applicable to anyprosecution initiated under this section.

(g)        Criminal processfor a violation of this section may be issued only upon the request of aDistrict Attorney.

(h)        The provisions ofthis section shall not supersede any other applicable statutory or common lawoffenses. (1987,c. 527, s. 1; 1993, c. 539, s. 1140; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c.535, s. 1; 1995 (Reg. Sess., 1996), c. 742, ss. 7, 8; 1999‑334, s. 3.15;1999‑456, s. 61(b); 2007‑188, s. 1.)