{"data":{"id":"us-nc/n.c.-gen.-stat.-90-121.7","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 90-121.7","heading":"Duty to report certain other acts or events.","body":"(a)\tEvery licensee has a duty to report to the Board any incidents that the licensee reasonably believes to have occurred, involving any of the following, within 30 days of learning about the incident:\n(1)\tSexual misconduct of any person licensed by the Board under this Article with a patient. Patient consent or initiation of acts or contact by a patient shall not constitute affirmative defenses to sexual misconduct. For purposes of this subdivision, the term \"sexual misconduct\" means vaginal intercourse or any sexual act or sexual contact or touching as described in G.S. 14-17.20 [G.S. 14-27.20]. Sexual misconduct shall not include any act or contact that is for an accepted medical purpose.\n(2)\tFraudulent prescribing, drug diversion, or theft of any controlled substances by another person licensed by the Board under this Article. For purposes of this subdivision, the term \"drug diversion\" means transferring controlled substances or prescriptions for controlled substances to any of the following:\na.\tThe licensee for personal use.\nb.\tThe licensee's immediate family member, including a spouse, parent, child, sibling, and any stepfamily member or in-law coextensive with the preceding identified relatives.\nc.\tAny other person living in the same residence as the licensee.\nd.\tAny person with whom the licensee is having a sexual relationship.\ne.\tAny individual unless for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.\n(b)\tFor persons issued a license to practice by the Board under this Article, failure to report under this section shall constitute unprofessional conduct and shall be grounds for discipline under G.S. 90-121.2.\n(c)\tAny person who reports under this section in good faith and without fraud or malice shall be immune from civil liability. Reports made in bad faith, fraudulently, or maliciously shall constitute unprofessional conduct and shall be grounds for discipline under G.S. 90-121.2.\n(d)\tReports under this section shall be made to the Board by one of the following methods:\n(1)\tCertified mail and obtaining a delivery receipt.\n(2)\tA designated delivery service authorized by G.S. 1A-1, Rule 4(j), and obtaining a delivery receipt.\n(3)\tEmailing the Board at their public email address found on the Board's website and confirming receipt by the Board via return email. (2023-129, s. 5.1(e).)","path":["Chapter 90. Medicine and Allied Occupations.","Article 6. Optometry."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-121.7.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:12:48Z","sha256":"c09cec00022340b1a9d46adb842cfe033f11d5c14d9b98dfca2a313107bbab7c","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-90-121.6","next":"us-nc/n.c.-gen.-stat.-90-122"},"notice":"GroundRules: Original legal text. Not legal advice."}