New Medical Board Reporting Requirements for Sexual Misconduct, Controlled Substance Issues

Effective October 1, 2019, licensees of the North Carolina Medical Board must report to the Board within thirty days “any incidents [they] reasonably believe[] to have occurred involving . . . (1) Sexual misconduct of [another licensee] with a patient . . . [or] (2) Fraudulent prescribing, drug diversion, or theft of any controlled substances by another [licensee].”  2019 N.C. Sess. Laws 191 §8 (to be codified at N.C. Gen. Stat. §90-5.4(a)).  Failure to report is a violation and subjects the person to discipline.

Conviction of a felony sex crime automatically revokes a license issued by the Board, and the person is ineligible for restoration thereof.  Id. §26 (to be codified at N.C. Gen. Stat. §90-14(c1)).  The same session law makes sexual contact under pretext of medical treatment committed on or after December 1, 2019, a Class C felony.  Id. §43(a) (to be codified at N.C. Gen. Stat. §14-27.33A).