GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 254

Short Title:  Health Care Facility/Patient Abuse/AB.	(Public)

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Sponsors: Representatives Edwards; Milton and Mosley.

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Referred to:  Health, if favorable, Judiciary III.

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March 4, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT THE ABUSE OR NEGLECT OF A PATIENT AT A HEALTH CARE FACILITY OR A RESIDENTIAL CARE FACILITY THAT DOES NOT RESULT IN SERIOUS BODILY INJURY OR DEATH IS A MISDEMEANOR.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-32.2 reads as rewritten:
"§ 14-32.2.  Patient abuse and neglect; punishments.
(a)	It shall be unlawful for any natural person, association, corporation, partnership, or other individual or entity to physically abuse a patient of a health care facility or a resident of a residential care facility, when the abuse is the result of an intentional or culpable negligent act or omission which causes serious bodily injury or death.
(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 proximately causes serious bodily injury to the patient or resident.
(b1)	Any natural person, association, corporation, partnership, or other individual or entity who abuses or neglects a patient of a health care facility or a resident of a residential care facility that does not result in serious bodily injury or death is guilty of a Class A1 misdemeanor.
(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.
'Residential Care Facility' shall include adult care homes and any other residential care related facility whether publicly or privately owned.
	"(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 grossly negligent infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful or grossly negligent deprivation of services which are necessary to maintain mental or physical health.
(e2)	'Neglect' means the willful violation of any law or rule of a State agency designed to protect the health, welfare, or comfort of the 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."
Section 2.  This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.