North Carolina Mandatory Reporting Statute
§ 90-14.13. Reports of
disciplinary action by health care institutions; immunity from liability.
The chief administrative officer of every licensed hospital or other health care
institution, including Health
Maintenance Organizations, as defined in G.S. 58-67-5, preferred providers, as
defined in G.S. 58-50-56, and all
other provider organizations that issue credentials to physicians who practice
medicine in the State, shall, after
consultation with the chief of staff of that institution, report to the Board
any revocation, suspension, or limitation of
a physician's privileges to practice in that institution. A hospital is not
required to report the suspension of a
physician's privileges for failure to timely complete medical records unless the
suspension is the third within the
calendar year for failure to timely complete medical records. Upon reporting the
third suspension, the hospital shall
also report the previous two suspensions. The institution shall also report to
the Board resignations from practice in
that institution by persons licensed under this Article. The Board shall report
all violations of this subsection known
to it to the licensing agency for the institution involved.
Any licensed physician
who does not possess professional liability insurance shall report to the Board
any award
of damages or any settlement of any malpractice complaint affecting his or her
practice within 30 days of the award
or settlement.
The chief administrative officer of each insurance company providing
professional liability insurance for
physicians who practice medicine in North Carolina, the administrative officer
of the Liability Insurance Trust Fund
Council created by G.S. 116-220, and the administrative officer of any trust
fund operated by a hospital authority,
group, or provider shall report to the Board within 30 days:
(1) Any award of damages or settlement affecting or involving a physician it
insures, or
(2) Any cancellation or nonrenewal of its professional liability coverage of a
physician, if the
cancellation or nonrenewal was for cause.
The Board may request details about any action and the officers shall promptly
furnish the requested
information. The reports required by this section are privileged and shall not
be open to the public. The Board shall
report all violations of this paragraph to the Commissioner of Insurance.
Any person making a report required by this section shall be immune from any
criminal prosecution or civil
liability resulting therefrom unless such person knew the report was false or
acted in reckless disregard of whether
the report was false. (1981, c. 573, s. 14; 1987, c. 859, s. 11; 1995, c. 405,
s. 8; 1997-481, s. 2; 1997-519, s. 3.14.)