North Carolina § 90-5 - 3. Reporting and publication of medical judgments, awards, payments, and settlements.

§ 90-5. 3. Reporting and publication of medical judgments, awards, payments, and settlements.

All applicants and licensees shall report the following to the Board: All medical malpractice judgments or awards affecting or involving the applicant or licensee. All settlements in the amount of seventy-five thousand dollars ($75,000) or more related to an incident of alleged medical malpractice affecting or involving the applicant or licensee where the settlement occurred on or after May 1, 2008. All settlements in the aggregate amount of seventy-five thousand dollars ($75,000) or more related to any one incident of alleged medical malpractice affecting or involving the applicant or licensee not already reported pursuant to subdivision (2) of this subsection where, instead of a single payment of seventy-five thousand dollars ($75,000) or more occurring on or after May 1, 2008, there is a series of payments made to the same claimant which, in the aggregate, equal or exceed seventy-five thousand dollars ($75,000). The report required under subsection (a) of this section shall contain the following information: The date of the judgment, award, payment, or settlement. The specialty in which the applicant or licensee was practicing at the time the incident occurred that resulted in the judgment, award, payment, or settlement. The city, state, and country in which the incident occurred that resulted in the judgment, award, payment, or settlement. The date the incident occurred that resulted in the judgment, award, payment, or settlement. The Board shall publish on the Board's Web site or other publication information collected under this section. The Board shall publish this information for seven years from the date of the judgment, award, payment, or settlement. The Board shall not release or publish individually identifiable numeric values of the reported judgment, award, payment, or settlement. The Board shall not release or publish the identity of the patient associated with the judgment, award, payment, or settlement. The Board shall allow the applicant or licensee to publish a statement explaining the circumstances that led to the judgment, award, payment, or settlement, and whether the case is under appeal. The Board shall ensure these statements: Conform to the ethics of the medical profession. Not contain individually identifiable numeric values of the judgment, award, payment, or settlement. Not contain information that would disclose the patient's identity. The term "settlement" for the purpose of this section includes a payment made from personal funds, a payment by a third party on behalf of the applicant or licensee, or a payment from any other source of funds. Nothing in this section shall limit the Board from collecting information needed to administer this Article. History (2009-217, s. 3; 2019-191, s. 7.) Editor's Note. - Session Laws 2009-217, s. 1, provides: "Pursuant to G.S. 150B-21.3(b1) , 21 NCAC 32X.0103 (Reporting of Medical Judgments, Awards, Payments or Settlements) and 21 NCAC 32X.0105 (Publication of Judgments, Awards, Payments or Settlements), as adopted by the North Carolina Medical Board on July 16, 2008, and approved by the Rules Review Commission on August 21, 2008, are disapproved." Effect of Amendments. - Session Laws 2019-191, s. 7, effective October 1, 2019, substituted "applicant or licensee" for "physician or physician assistant" throughout the section; and rewrote the introductory paragraph of subsection (a), which formerly read: "All physicians and physician assistants licensed or applying for licensure by the Board shall report to the Board:".