(a)        All patient medical records in the possession of the Department are confidential and are not public records pursuant to N.C. Gen. Stat. § 58-2-100 or N.C. Gen. Stat. § 132-1 As used in this section, “patient medical records” includes personal information that relates to an individual’s physical or mental condition, medical history, or medical treatment, and that has been obtained from the individual patient, a health care provider, or from the patient’s spouse, parent, or legal guardian.

(b)        Under Part 4 of Article 50 of this Chapter, the Department may disclose patient medical records to an independent review organization, and the organization shall maintain the confidentiality of those records as required by this section, except as allowed by N.C. Gen. Stat. § 58-39-75 and N.C. Gen. Stat. § 58-39-76.

(c)        Under Part 4 of Article 50 of this Chapter, all information related to the credentialing of medical professionals that is in the possession of the Commissioner is confidential and is a public record neither under this section nor under Chapter 132 of the N.C. Gen. Stat.. (1989 (Reg. Sess., 1990), c. 1021, s. 4; 1993 (Reg. Sess., 1994), c. 678, s. 3; 2001-446, s. 5(a); 2002-187, s. 3.4.)

Terms Used In North Carolina General Statutes 58-2-105

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.