North Carolina General Statutes 14-32.2. Patient abuse and neglect; punishments; definitions
(a) 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.
(b) 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:
(1) A Class C felony where intentional conduct proximately causes the death of the patient or resident.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 44 and 182 months | |
| Class E felony | between 15 and 63 months | |
| Class F felony | between 10 and 41 months | |
| Class H felony | between 4 and 25 months |
Terms Used In North Carolina General Statutes 14-32.2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) A Class E felony where culpably negligent conduct proximately causes the death of the patient or resident.
(3) 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 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(c) through (e1) Repealed by Session Laws 2019-76, s. 12(a), effective January 1, 2020, and applicable to offenses committed on or after that date.
(f) Any defense which may arise under N.C. Gen. Stat. § 90-321(h) or N.C. Gen. Stat. § 90-322(d) pursuant to compliance with Article 23 of Chapter 90 of the N.C. Gen. Stat. is 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 do not supersede any other applicable statutory or common law offenses.
(i) The following definitions apply in this section:
(1) 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.
(2) Culpably negligent. – Conduct of a willful, gross, and flagrant character, evincing reckless disregard of human life.
(3) 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.
(4) Person. – Includes any individual, association, corporation, partnership, or other entity.
(5) Residential care facility. – Includes adult care homes and any other residential care related facility whether publicly or privately owned. (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).)