§ 130A-1 – Title.
130A-1. Title. This Chapter shall be known as the Public Health Law of North Carolina. (1983, c. 891, s. 2.)
§ 130A-1.1 – Mission and essential services.
130A-1.1. Mission and essential services. (a) The General Assembly recognizes that unified purpose and direction of the public health system is necessary to ensure that all citizens in the State have equal access to essential public health services. The General Assembly declares that the mission of the public health system is to promote and contribute […]
§ 130A-10 – Advisory Committees.
130A-10. Advisory Committees. The Secretary is authorized to establish and appoint as many special advisory committees as may be necessary to advise and confer with the Department concerning the public health. Members of any special advisory committee shall serve without compensation but may be allowed travel and subsistence expenses in accordance with G.S. 138-6. (1957, […]
§ 130A-11 – Residencies in public health.
130A-11. Residencies in public health. The Department shall establish a residency program designed to attract dentists into the field of public health and to train them in the specialty of public health practice. The program shall include practical experience in public health principles and practices. (1975, c. 945, s. 1; 1983, c. 891, s. 2; […]
§ 130A-12 – Confidentiality of records.
130A-12. Confidentiality of records. All records containing privileged patient medical information, information protected under 45 Code of Federal Regulations Parts 160 and 164, and information collected under the authority of Part 4 of Article 5 of this Chapter that are in the possession of the Department of Health and Human Services or local health departments […]
§ 130A-13 – Application for eligibility for Department medical payment program constitutes assignment to the State of right to third party benefits.
130A-13. Application for eligibility for Department medical payment program constitutes assignment to the State of right to third party benefits. (a) Notwithstanding any other provisions of law, by applying for financial eligibility for any Department medical payment program administered under this Chapter, the recipient patient or responsible party for the recipient patient shall be deemed […]
§ 130A-14 – Department may assist private nonprofit foundations.
130A-14. Department may assist private nonprofit foundations. (a) The Secretary may allow employees of the Department to assist any private nonprofit foundation that works directly with services or programs of the Department and whose sole purpose is to support the services and programs of the Department, and may provide other appropriate services to any such […]
§ 130A-15 – Access to information.
130A-15. Access to information. (a) Health care providers and persons in charge of health care facilities or laboratories shall, upon request and proper identification, permit the State Health Director to examine, review, and obtain a copy of records containing privileged medical information or information protected under the Health Information Portability and Accountability Act (HIPAA) medical […]
§ 130A-16 – Collection and reporting of race and ethnicity data.
130A-16. Collection and reporting of race and ethnicity data. All medical care providers required by the provisions of this Chapter to report to the Division of Public Health shall collect and document patient self-reported race and ethnicity data and shall include such data in their reports to the Division. (2008-119, s. 1.)
§ 130A-17 – Right of entry.
130A-17. Right of entry. (a) The Secretary and a local health director shall have the right of entry upon the premises of any place where entry is necessary to enforce the provisions of this Chapter or the rules adopted by the Commission or a local board of health. If consent for entry is not obtained, […]
§ 130A-18 – Injunction.
130A-18. Injunction. (a) If a person shall violate any provision of this Chapter, the rules adopted by the Commission or rules adopted by a local board of health, or a condition or term of a permit or order issued under this Chapter, the Secretary or a local health director may institute an action for injunctive […]
§ 130A-19 – Abatement of public health nuisance.
130A-19. Abatement of public health nuisance. (a) If the Secretary or a local health director determines that a public health nuisance exists, the Secretary or a local health director may issue an order of abatement directing the owner, lessee, operator or other person in control of the property to take any action necessary to abate […]
§ 130A-2 – Definitions.
130A-2. Definitions. The following definitions shall apply throughout this Chapter unless otherwise specified: (1) "Accreditation board" or "Board" means the Local Health Department Accreditation Board. (1a) "Commission" means the Commission for Public Health. (1b) "Communicable condition" means the state of being infected with a communicable agent but without symptoms. (1c) "Communicable disease" means an illness […]
§ 130A-20 – Abatement of an imminent hazard[Effective until January 1, 2023]
130A-20. Abatement of an imminent hazard. [Effective until January 1, 2023] (a) If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may order the owner, lessee, operator, or other person in control of the property to abate the imminent hazard or may, after […]
§ 130A-20.01 – Action for the recovery of costs of hazardous materials emergency medical response.
130A-20.01. Action for the recovery of costs of hazardous materials emergency medical response. A person who causes the release of a hazardous material that results in the activation of one or more State Medical Assistance Teams (SMATs) or the Epidemiology Section of the Division of Public Health of the Department of Health and Human Services […]
§ 130A-21 – Embargo.
130A-21. Embargo. (a) In addition to the authority of the Department of Agriculture and Consumer Services pursuant to G.S. 106-125, the Secretary or a local health director has authority to exercise embargo authority concerning food or drink pursuant to G.S. 106-125(a), (b) and (c) when the food or drink is in an establishment that is […]
§ 130A-22 – Administrative penalties.
130A-22. Administrative penalties. (a) The Secretary of Environmental Quality may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Environmental Management Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation […]
§ 130A-23 – Suspension and revocation of permits and program participation.
130A-23. Suspension and revocation of permits and program participation. (a) The Secretary may suspend or revoke a permit issued under this Chapter upon a finding that a violation of the applicable provisions of this Chapter, the rules of the Commission or a condition imposed upon the permit has occurred. A permit may also be suspended […]
§ 130A-24 – Appeals procedure.
130A-24. Appeals procedure. (a) Appeals concerning the enforcement of rules adopted by the Commission, concerning the suspension and revocation of permits and program participation by the Secretary and concerning the imposition of administrative penalties by the Secretary shall be governed by Chapter 150B of the General Statutes, the Administrative Procedure Act. (a1) Any person appealing […]
§ 130A-25 – Misdemeanor[Effective until January 1, 2023]
130A-25. Misdemeanor. [Effective until January 1, 2023] (a) Except as otherwise provided, a person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor. (b) A person convicted under this section for violation of G.S. 130A-144(f) or G.S. 130A-145 […]