North Carolina § 14-32 - 2. Patient abuse and neglect; punishments; definitions.

§ 14-32. 2. Patient abuse and neglect; punishments; definitions.

It is unlawful for any person to physically abuse a patient of a health care facility or a resident of a residential care facility, when the abuse results in death or bodily injury. Unless the conduct is prohibited by some other provision of law providing for greater punishment, a violation of subsection (a) of this section is the following: A Class C felony where intentional conduct proximately causes the death of the patient or resident. A Class E felony where culpably negligent conduct proximately causes the death of the patient or resident. A Class F felony where such conduct is willful or culpably negligent and proximately causes serious bodily injury to the patient or resident. A Class H felony where such conduct evinces a pattern of conduct and the conduct is willful or culpably negligent and proximately causes bodily injury to a patient or resident. through (e1) Repealed by Session Laws 2019-76, s. 12(a), effective January 1, 2020, and applicable to offenses committed on or after that date. Any defense which may arise under G.S. 90-321(h) or G.S. 90-322(d) pursuant to compliance with Article 23 of Chapter 90 of the General Statutes is fully applicable to any prosecution initiated under this section. Criminal process for a violation of this section may be issued only upon the request of a district attorney. The provisions of this section do not supersede any other applicable statutory or common law offenses. The following definitions apply in this section: Abuse. - The willful or culpably negligent infliction of physical injury or the willful or culpably negligent violation of any law designed for the health or welfare of a patient or resident. Culpably negligent. - Conduct of a willful, gross, and flagrant character, evincing reckless disregard of human life. Health care facility. - Includes hospitals, skilled nursing facilities, intermediate care facilities, intermediate care facilities for individuals with intellectual disabilities, psychiatric facilities, rehabilitation facilities, kidney disease treatment centers, home health agencies, ambulatory surgical facilities, and any other health care related facility whether publicly or privately owned. Person. - Includes any individual, association, corporation, partnership, or other entity. Residential care facility. - Includes adult care homes and any other residential care related facility whether publicly or privately owned. History (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; 2019-76, s. 12(a).) Editor's Note. - At the direction of the Revisor of Statutes, a colon was substituted for a period at the end of the introductory paragraph of subsection (b). Session Laws 1995, c. 535, s. 37, provides: "Rules adopted by the Department of Human Resources, the Medical Care Commission, and the Social Services Commission regulating domiciliary care homes prior to the effective date of this act remain in effect for adult care homes until amended or repealed." Session Laws 2019-76, s. 12(c) made the amendments by Session Laws 2019-76, s. 12(a) effective January 1, 2020, and applicable to offenses committed on or after that date. Session Laws 2019-76, s. 33, provides: "Parts I and II of this act do not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Effect of Amendments. - Session Laws 2007-188, s. 1, effective December 1, 2007, and applicable to offenses committed on or after that date, in subsection (b), substituted a semicolon for a period at the end of subdivision (b)(3); and substituted "Class H felony" for "Class A1 misdemeanor" in subdivision (b)(4). Session Laws 2019-76, s. 12(a), effective January 1, 2020, rewrote this section.