October 24, 2019
The N.C. General Assembly recently passed House Bill 228, an Act to Modernize the N.C. Medical Board (NCMB). The Act includes several provisions that affect licensed medical professionals, including a new legal obligation to report certain misconduct by any individual licensed by NCMB. This new “duty to report” provision (N.C. Gen. Stat. §90-5.4) went into effect Oct. 1st, 2019, and obligates any individual licensed by NCMB to report:
1. Sexual misconduct involving a patient by a licensee.
2. Fraudulent prescribing, drug diversion, or theft of any controlled substances by a licensee.
Medical professionals need not have definitive evidence of misconduct to make a report. The law specifies that licensed medical professionals should submit a report if they “reasonably believe” that misconduct has occurred. Licensees who report suspected misconduct in good faith are granted civil immunity. NCMB has created a new online form to receive reports from healthcare professionals or institutions. The form may be used to report information required by statute, or to report any other concern the reporting individual believes NCMB should investigate. The online form can be accessed at www.ncmedboard.org/report. This page also includes FAQs and other information to help licensees understand their reporting obligations under the law.