(a)        Except as provided in subsection (b) of this section, the personnel files of employees or former employees, and the files of applicants for employment maintained by a public hospital as defined in N.C. Gen. Stat. § 159-39 or maintained by a hospital that has been sold or conveyed pursuant to N.C. Gen. Stat. § 131E-8 are not public records as defined by Chapter 132 of the N.C. Gen. Stat..

(b)        Repealed by Session Laws, 1997-517, s. 3.

(c)        Information regarding the qualifications, competence, performance, character, fitness, or conditions of appointment of an independent contractor who provides health care services under a contract with a public hospital as defined in N.C. Gen. Stat. § 159-39, or with a hospital which has been sold or conveyed pursuant to N.C. Gen. Stat. § 131E-8, is not a public record as defined by Chapter 132 of the N.C. Gen. Stat.. Information regarding a hearing or investigation of a complaint, charge, or grievance by or against an independent contractor who provides health care services under a contract with a public hospital as defined in N.C. Gen. Stat. § 159-39 or with a hospital which has been sold or conveyed pursuant to N.C. Gen. Stat. § 131E-8, is not a public record as defined by Chapter 132 of the N.C. Gen. Stat.. Final action making an appointment or discharge or removal by a public hospital having final authority for the appointment or discharge or removal shall be taken in an open meeting, unless otherwise exempted by law. The following information with respect to each independent contractor of health care services of a public hospital, as defined by N.C. Gen. Stat. § 159-39, is a matter of public record: name; age; date of original contract; beginning and ending dates; position title; position descriptions; and total compensation of current and former positions; and the date of the most recent promotion, demotion, transfer, suspension, separation, or other change in position classification. (1993 (Reg. Sess., 1994), c. 570, s. 10; 1995, c. 99, s. 1; c. 509, s. 135.2(q); 1997-517, s. 3.)

Terms Used In North Carolina General Statutes 131E-97.1

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Hospital: means any facility which has an organized medical staff and which is designed, used, and operated to provide health care, diagnostic and therapeutic services, and continuous nursing care primarily to inpatients where such care and services are rendered under the supervision and direction of physicians licensed under Chapter 90 of the N. See North Carolina General Statutes 131E-76
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