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NC Patient Abuse and Neglect Laws

NCLEG Patient Abise Laws in NC

ยง 14-32.2. Patient abuse and neglect; punishments.

(a) It shall be 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.
(b) Unless the conduct is prohibited by some other provision of law providing for
greater punishment:
(1)A violation of subsection (a) above is a Class C felony where intentional
conduct proximately causes the death of the patient or resident;
(2) A violation of subsection (a) above is a Class E felony where culpably
negligent conduct proximately causes the death of the patient or resident;
(3) A violation of subsection (a) above is a Class F felony where such conduct is
willful or culpably negligent and proximately causes serious bodily injury to
the patient or resident;
(4) A violation of subsection (a) is 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.
(c) “Health Care Facility” shall include hospitals, skilled nursing facilities, intermediate
care facilities, intermediate care facilities for the mentally retarded, 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.
(c1) “Residential Care Facility” shall include adult care homes and any other residential care related facility whether publicly or privately owned.
(d) “Person” shall include any natural person, association, corporation, partnership, or
other individual or entity.
(e) “Culpably negligent” 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 the
willful or culpably negligent violation of any law designed for the health or welfare of a patient or resident.
(f) 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 shall be fully applicable to any prosecution initiated under this section.
(g) Criminal process for a violation of this section may be issued only upon the request
of a District Attorney.
(h) The provisions of this section shall not supersede any other applicable statutory or
common law offenses.
If you’d like to confirm the validity of the law, click here to review the NC Legislation’s publication in pdf format. Thank you for visiting.

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