With two colleges located in Wilmington, North Carolina (University of North Carolina- Wilmington and Cape Fear Community College) it is safe to consider Wilmington, NC a college town; which makes it the perfect town for nightclubs and beach bars. The allure to drink alcohol can be quite strong in a college atmosphere, yet many of the students located here are under the legal drinking age of 21.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B, Article 3 (§ 18B-300 to §§ 18B-310 through 18B-399).

· If you are less than 19 years of age and convicted of drinking, which is a Class 1 Misdemeanor, your punishment can include a fine in the discretion of the judge, community service hours and a $250 fee or jail, plus court costs of currently $180.

· If you are 19 or 20 years of age and convicted of drinking, which is a Class 3 Misdemeanor, you punishment can include a fine of up to $200 and community service hours and a $250 fee or jail, plus court costs of currently $180

· If you are under the age of and convicted of purchasing or attempting to purchase alcoholic beverages, a Class 1 misdemeanor, your punishment can include Community service hours and a $250 fee or jail time, court cost of currently $180, and a fine is discretion of the judge. In addition, your driver license will be suspended for one year and you will not be able to obtain a limited driving privilege.

While our underage drinking laws are stricter than those in some other states, North Carolina recognizes three exceptions to the general rule prohibiting minors from possessing or consuming alcohol.

• Religious participation. A minor may possess and consume wine for sacramental purposes in an organized church. (North Carolina Gen. Stat. Ann. Section 18B-103(8).)
• Employment. Minors may possess, transport, or dispense—but not consume—alcohol during the course of employment in an establishment licensed to sell alcohol. Such employment must also be lawful under North Carolina’s youth employment statutes. (North Carolina Gen. Stat. Ann. Section 18B-302(h).)
• Education. Minors may possess and consume alcohol under the direct supervision of an instructor, during the course of a licensed and accredited culinary program, when such consumption is a required part of the curriculum. (North Carolina Gen. Stat. Ann. Section 18B-103(11).)

Collins Law Firm has represented thousands of people charged with crimes or infractions, and many involving crimes involving violating the laws regarding the sale, possession, and consumption of alcohol or underage consumption or possession of alcohol.  In many cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed pursuant to a deferred prosecution after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or completing other conditions for dismissal, or a combination thereof.  In some cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you or someone you know have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at  910-793-9000.

By Rachel Reynolds, Legal Assistant, Collins Law Firm

A Commercial Driver’s License (CDL) is a special driver’s license for those wishing to drive larger vehicles. Every driver is required to hold a CDL to legally operate any vehicle that meets

one or more of these conditions:

– has a gross vehicle weight rating or combination GVWR greater than 26,000 pounds;

– is designed to transport 16 or more passengers, including the driver; and/or

– is transporting a hazardous material or cargo that requires placards.

Possession of a CDL is considered a privilege for drivers and it requires those drivers to abide by other rules in addition to the normal traffic regulations. These include certain violations committed in a Commercial Motor Vehicle (CMV) and those committed in their personal vehicle. Violations to these rules can generally cause a suspension or revocation of your CDL privileges.

A major driving violation that will significantly effect your CDL is Driving While Impaired and other alcohol related offenses

Driving While Impaired (DWI): For commercial drivers in North Carolina, it is illegal to operate any commercial vehicle while under the influence of an impairing substance or with blood-alcohol concentration of .04 percent or higher. DWI is a criminal offense resulting

in a loss of driving privileges for one year following the first conviction and lifetime driver license revocation upon the second conviction, plus court fees (N.C. General Statute 138.1).

NCGS 20-138.2. Impaired driving in commercial vehicle:

(a) Offense — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the state:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in NCGS 90-89, or its metabolites in the driver’s blood or urine.

Some others include:

• Driving While Impaired (BAC of 0.06) in a Commercial Motor Vehicle
• Driving While Impaired (BAC of 0.04 or 0.05) in a CMV
• Leaving the scene of an accident involving a CMV you were driving
• Using a CMV to commit a felony
• Vehicular manslaughter offense occurring while operating a CMV
• Driving a CMV during a period your CDL was revoked, suspended, cancelled, or disqualified

A second conviction of any of these offenses will result in a lifetime suspension of your CDL and if any of these offenses occur while you are driving a CMV that is placarded for hazardous materials, your CDL will be disqualified for a minimum of three (3) year.

If you use a CMV to commit a felony involving controlled substances your CDL will be disqualified for life.

A person can also be suspended from driving a CMV for 60 days if you are convicted of two “serious traffic violations” within a three-year period and for no less than 120 days if convicted of three or more serious traffic violations. Some examples of serious traffic violations are:

• Excessive speeding (15mph or more above posted speed limit)
• Reckless driving
• Following too close
• Erratic lane changes
• Traffic offenses committed in a CMV in connection with fatal traffic accidents
• Driving a CMV without obtaining a CDL
• Driving a CMV without having your CDL in your possession

These traffic violations also carry a heavier point system when dealing with a CDL. For example, if a person with a regular license is convicted of Reckless Driving then they will receive 4 DMV points, however if a person with a CDL is convicted of Reckless Driving then they will receive 5 DMV points.

Another important fact to note is that if you carry a CDL and you are charged with a serious violation in your own personal vehicle (non-CMV), it still may affect your CDL if convicted. So, if you or someone you know has been charged with a violation while possessing a CDL, or was charged while driving a CMV, then please call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Rachel R. Reynolds

”Let it snow, let it snow, let it snow” is the chant all the New Hanover County kids are chanting this morning as they await their winter wonderland. In anticipation of inclement weather New Hanover, Pender, Brunswick, Columbus, Bladen, and other surrounding counties have all cancelled school today and will probably do the same for tomorrow. In addition to schools being cancelled, many courts are closed as well.

While hopes are to get the fun and exciting snow, for now it seems that it is just a lot of sleet and ice. This can cause for slick and dangerous roads, especially for those who are not familiar with driving in these types of conditions. A good rule of thumb is to just stay off the roads, however if you must go out driving here are a few tips for safe driving:

1. Decrease your speed and leave yourself plenty of room to stop

2. When braking, brake gently to avoid skidding and if your wheels start to lock up then ease off the break.

3. Turn your lights on to increase your visibility to other motorists.

4. Keep your lights and windshield clean.

5. Use lower gears to keep traction, especially on hills.

6. Don’t use cruise control or overdrive

7. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.

Be careful on the roads and avoid any unnecessary trips out of the house, yet if you or someone you know finds yourself in an accident or with a citation during this arctic takeover, then please contact us at Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

It comes time for another holiday weekend in Wilmington, NC as we celebrate a weekend full of activities and events to help celebrate Martin Luther King Jr. Day on Monday, January 20^th, 2014. Thanks to the M.L.K Celebration Committee and their sponsors, these activities continue to be an important educational and community building event here in Wilmington and Southeaster North Carolina.

On Friday, January 17^th, 2014 they will kick off the weekend with the Martin Luther King, Jr. Annual Banquet held at our Wilmington Convention Center with guest speaker N.C Supreme Court Justice Cherie Beasley.

On Saturday, the morning will be started with the N.A.A.C.P/MLK Breakfast at the Warwick Center located on UNCW’s main campus.  Thereafter, the fun will continue with a Kids Fun Day at the William E. Murphy Sports Complex during the day and followed that evening with the Car & Bike Show and Soul-Food Cook-Off.

The activities will start back up on Sunday with the Ecumenical Service to be held at the Fifth Annual Baptist Church and the HBCU (Historically Black College/University) Experience at the Williston Middle School gym where you can watch St. Augustine University Marching Band go head-to-head with Elizabeth City State University Marching Band.

Then, for the finale of the weekend the annual Martin Luther King, Jr. Parade will be held in historic downtown Wilmington, NC, lineup will begin at 9:00am.

With all the activities and events that are to be held this weekend, it will be a weekend full of travelers and patrons hoping to participate in the Martin Luther King, Jr. Weekend celebration. We would like everyone to take caution while driving around town this weekend as the roads should be busy with those celebrating.

Remember, should you or someone you know receive a traffic ticket, get into a fender bender or serious accident, or receive a DUI/DWI or other citation this holiday weekend, call us at (910) 793-9000(910) 793-9000 .

By Rachel R. Reynolds, Paralegal at Collins Law Firm

North Carolina is fortunate to be the hot spot to many tourists because of it’s southern beaches, historical sites, and beautiful landscape. Another attraction that North Carolina is naturally endowed with are some of the greatest motorcycle rides in America that attract bikers from all over. A popular one on the Eastern side of North Carolina is the Topsail Loop ride- which travels from Jacksonville NC to Topsail NC passing over the Atlantic Intracoastal Waterway and traveling through Surf City, NC. With an increase of bikers on the roads, North Carolina decided to pass a new motorcycle safety law, to be effective October 1^st, 2013, which will increase penalties for unsafe movements by drivers that threaten the property and safety of motorcyclists. This law, titled the Motorcycle Safety Act, which will change the reading of G.S. 20-154 to read as rewritten:

PART V. MOTORCYCLE SAFETY

SECTION 5. (a) G.S. 20-154 reads as rewritten:

Ҥ 20-154. Signals on starting, stopping or turning.

(a1)

A person who violates subsection (a) of this section and causes a motorcycle operator to change travel lanes or leave that portion of any public street or highway designated as travel lanes shall be responsible for an infraction and shall be assessed a fine of not less than two hundred dollars ($200.00). A person who violates subsection (a) of this section that results in a crash causing property damage or personal injury to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than five hundred dollars ($500.00) unless

subsection (a2) of this section applies.

(a2)

A person who violates subsection(a) of this section and the violation results in a crash causing property damage in excess of five thousand dollars ($5,000)or a serious bodily injury as defined in G.S.20-160.1(b)to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than seven hundred fifty dollars ($750.00). A violation of this subsection shall be treated as a failure to yield right-of-way to a motorcycle for purposes of assessment of points under G.S.20-16(c).In addition, the trial judge shall have the authority to order the license of any driver violating this subsection suspended for a period not to exceed 30 days. If a judge orders suspension of a person’s drivers license pursuant to this subsection, the judge may allow the licensee a limited driving privilege for a period not to exceed the period ofsuspension. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S.20-16.1(b)(1),(2), (3), (4), (5), and G.S.20-16.1(g).

With this new act, we encourage those who are charged with an unsafe movement citation to contact an attorney, especially is the charge is in connection with a motorcyclist. If you or someone you know receives a traffic ticket or gets charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

Year after year during the Thanksgiving holiday period we experience one of the most travel heavy times of the year.  This year a large storm threatens our Thanksgiving holiday travel and may require a lot of patience while on the roads.

This year, the North Carolina Highway Patrol along with numerous state police agencies will be patrolling along the I-40 corridor in an attempt to ensure a safe and uneventful driving environment through constant visibility.

In addition to the presence of law enforcement, motorists are urged to inform the State Highway Patrol at *Hp or at *47 of any careless or reckless driving they may observe.

Also, law enforcement all over North Carolina launched the Thanksgiving “Click it or Ticket” campaign, which will last through Sunday, December 1, 2013 in order to crack down on drivers who do not wear their seat belts.

While during last year’s Thanksgiving holiday, 11 fatal crashes and 432 injury collisions occurred, our law enforcement is hopeful to save lives and prevent injuries.

Spend this Thanksgiving holiday with your friends and or family, enjoy your turkey and pumpkin pie, and have a few drinks if you wish, but please, be patient in this holiday traffic and if you drink, do not drive – take a cab or have a designated driver.

Remember, should you receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this Thanksgiving holiday, call us at (910) 793-9000(910) 793-9000 .

By Jana Collins

In just a few weeks a new law will be going into effect in North Carolina called “The Hassani N. Wesley Students’ School Bus Safety Act.” This act was passed earlier this year, but is scheduled to come into effect on December 1^st, 2013. This bill will ultimately create harsher penalties for North Carolina drivers who illegally pass school buses.

The name of the bill originated from the unfortunate death of 11-year old, Hassani N. Wesley, who tragically died in December 2012 in Forsyth County, as he was struck by a vehicle which made an illegal pass of a stopped school bus. Unfortunately Hassani Wesley has not been the only fatality this calendar year – on October 17^th, 2013 MaKinzy Smith, a Rowan County teen was killed after he was hit by a car while crossing a two-lane road northeast of Salisbury to board his bus. Makinzy Smith’s death marked the 5^th fatality from school bus-related collisions this year and the 13^th student killed since 1998 in North Carolina after motorists illegally passed or did not heed a bus’s stop sign arm.

It goes without saying that everyone, state educators, politicians, and transportation authorities are welcoming the new law in hopes that the stricter punishments will change this growing statistic.

Pursuant to the current state law it is illegal to pass a stopped school bus  when a school bus’ mechanical stop arm is out or flashing red lights are on. Passing a stopped school bus is categorized as a misdemeanor, and if convicted, the driver will receive 5 points on their license and up to a $200 fine. However, if a driver strikes an individual it is categorized as a Class I felony and if the accident results in death it is then a Class H felony.

On December 1^st, 2013, under the Hassani N. Weslet Students’ School Bus Safety Act, a driver who passes a stopped school bus will be charged with a Class I misdemeanor and receive a minimum fine of $500 – a substantial increase from the previous $200 maximum.  In case of a second conviction under this new law within a three-year period one will have their driver’s license revoked for one year. If one is charges with a violation of this new law, they are not eligible for a prayer for judgment (P.J.C.) continued under any circumstances.

If you or anyone you know is charged with passing a stopped school bus, before or after December 1^st, 2013 then please contact Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

A restraining order or a protective order is a court order, that is a form or an injunction, that requires a party (a person) to do, or to refrain from doing, certain things.  A party that refuses to comply with an order may face criminal or civil penalties, and may be ordered to pay damages or be subject to other sanctions such as a term of imprisonment. If a person violates the terms of a court order, they could be in serious criminal trouble and possibly face jail time.

The legal definition of domestic violence in NC is when someone with whom you have had a personal relationship attempts or intentionally causes bodily injury to one or ones minor child.  The complaint form provides the plaintiff allege (and would need to prove to prevail) that the Defendant:  attempted to cause or has intentionally caused bodily injury to the child(ren) living with me or in my custody; has placed my child(ren) in fear of imminent serious bodily injury or in fear of continued harassment that rises to such a level as to inflict substantial emotional distress.  The term “personal relationship” means a relationship wherein the parties involved:  (1) Are current or former spouses; (2) Are persons of opposite sex who live together or have lived together; (3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16; (4) Have a child in common; (5) Are current or former household members; (6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

There are two different types of Domestic Violence Protective Orders (DVPO’s) that one can receive. The first is the ex parte/ temporary protective order and this is typically given to an alleged victim, or plaintiff, the day one files for a restraining order if the judge believes that the issue is serious and the party needs it immediately. In order to receive a full protective order there must be a trial with the plaintiff and the alleged offender, or defendant, present and the order can’t go into effect until the defendant has a copy of the order.

A DVPO can order the defendant not to assault, threaten, abuse, follow or harass the plaintiff or the plaintiff’s children at work, school, or in person either face to face, or over the telephone.  A DVPO can allow the plaintiff to remain in the home where the defendant and plaintiff lived together, and force the defendant to move out no matter who is the home owner or who is on the lease.  If someone wants to file for an order of protection, they can either do so in the county where they live, or where the defendant lives temporary or permanently.

Another type of Civil No-Contact Order in NC is provided under NCGS 50C. Civil no contact orders are an order of protection given to you from a judge. Anyone who alleges they are a victim of sexual assault or sexual abuse, or a victim of stalking, can apply for an order.  The legal definition of stalking is when someone repeatedly follows or harasses one with the intent to put one in reasonable fear for you or your family’s safety, or attempting to cause emotional distress.  In order to prevail, a plaintiff must prove that the defendant has followed on more than one occasion or otherwise tormented, terrorized, or terrified the plaintiff with the intent to place the plaintiff in reasonable fear for the plaintiff’s safety or the safety of the plaintiff’s immediate family or close personal associates or with the intent to cause, and which did cause, the plaintiff to suffer substantial emotional distress by placing the plaintiff in fear of death, bodily injury, or continued torment or terror.

As with DVPO’s, there are two types of civil no contact orders:  an ex parte / temporary order, and a “permanent” order which typically only lasts one year, but can be extended. The temporary order, if granted, is typically given to one the day one files their complaint and can last up to ten days until the court can hold a trial with the alleged stalker and victim present. After the judge has time to review the case they have to find as fact that the stalking or sexual conduct occurred, and if so they should rule in the plaintiff’s favor and then grant the one year final order. The permanent (for one year) order is given after the court has a full hearing on the trial with both sides giving their evidence. A permanent order can last up to a year and may receive extension if it is brought to the court before the expiration date.

A civil no contact order can order the defendant to refrain from assaulting, molesting, or otherwise interfering with the plaintiff in any manner. It can order the respondent to refrain from contacting the plaintiff via email, telephone, or any electronic way. As with a DVPO, if one wants to file for a civil no contact order one can either visit the district county court where one resides, the district county court where the respondent resides, or one can also visit the district county court where the action took place.

If you have been served with a notice of hearing for a restraining order, or if you are considering pursuing a restraining order against someone who has committed acts which would justify a court granting a restraining order against someone who has attacked or assaulted you, call Collins Law Firm for a confidential consultation at:  910-793-9000

By Dan Werner, Intern

On August 12, 2013, United States Attorney General Eric Holder announced to the American Bar Association’s House of Delegates in San Francisco, an initiative to curb mandatory minimum drug sentences that the nation is “coldly efficient in jailing criminals,” but it “cannot prosecute or incarcerate” into becoming a safer country.  “Too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” Holder said .  The arguments about legalization of drugs in the US include health and social problems, potential tax revenue, and public safety concerns.  However, this speech by our Attorney General focused on alleviating an overburdened prison system housing non-violent people convicted and sentenced to very long prison terms for peaceful drug crimes.  Regarding the debate over legalization, the nation has moved from the question of “if” to the more tangible question of “how,” said Beau Kilmer, co-director of the RAND Drug Policy Research Center and co-author of “Marijuana Legalization: What Everyone Needs to Know.”

A Pew Research Center poll in 1969 indicated that 12% of Americans supported the legalization of marijuana, and the same study estimated that at that time, four in 100 Americans had recently smoked marijuana. In 2013, a Gallup poll found that the number of Americans supporting legalization had risen to almost 50%.  In recent years, 20 states plus the District of Columbia have legalized medical marijuana.  Colorado and Washington State have legalized marijuana for recreational use.  Oregon is likely to do so in the near future. According to the National Organization for the Reform of Marijuana Laws (NORMAL), sixteen States have decriminalized possession of small quantities of marijuana beginning in the early 1970’s.

Recently the National Institute on Drug Abuse (NIDA) has begun to comment on increasing sentiment of Americans for the legalization or at the least liberalization of marijuana laws.  In response to a campaign by the Marijuana Policy Project, which stated that marijuana is “less toxic” than alcohol, NIDA said that:  “Claiming that marijuana is less toxic than alcohol cannot be substantiated since each possess their own unique set of risks and consequences for a given individual.” PolitiFact, which fact-checks claims made by politicians and special interest groups agreed that the claim that marijuana is less toxic than alcohol was “mostly true.”  They quoted studies from the Centers for Disease Control’s (CDC) National Center for Health Statistics which revealed that more than 41,000 deaths were tied to alcohol in 2010, while zero were reportedly linked to marijuana. In addition, the CDC lists “1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking.”  None were reported due to excessive marijuana use.

Mark Kleiman is a UCLA public policy professor who has been asked by government officials to help fashion the legal framework for Washington’s recreational marijuana business.  He said about Arkansas’ recent medical marijuana vote which failed by a close 51% to 49% vote:  “When 49% of voters in Arkansas are voting for legal pot, we aren’t in Kansas anymore.”

However, President Barack Obama’s drug czar, Gil Kerlikowske, was quoted in 2010 as saying that the push towards legalizing marijuana was a “nonstarter.”  The Office of National Drug Control Policy indicates that his statement holds true today.  But at the same time, the Office of National Drug Control Policy emphasizes that the administration’s 2013 drug policy takes a new tack with the realization that America can’t arrest its way out of its longtime drug epidemic.  The Administration’s new policy, announced in April, favors “prevention over incarceration, science over dogma and diversion for nonviolent offenders.” And they continue to say that arguments for marijuana legalization “run counter to public health and safety concerns.”

Meanwhile the federal government’s stand is moving slowly, the states are expected to continue leading the movement towards legalization. Alaska will likely put a complete legalization ballot before voters next year, and Maine, Rhode Island, California and Oregon may give voters the option in 2016.  “I think a lot’s going to depend on how legalization plays out in Colorado and Washington — also, how the federal government responds,” Kilmer said. “We still haven’t heard how they’re going to address commercial production facilities in those states.”  The next White House administration could take a harsher stance against the state’s movement towards legalization.  One thing is clear – the nation is a lot closer to the repeal of prohibition of marijuana than it has been in many decades.

This wave of changes in our country does not diminish the fact that possession of marijuana is still illegal in North Carolina – a misdemeanor for less than an once and a half, and a felony for quantities greater than an once and a half.  If you are charged with the illegal possession of any drug, or other contraband in or around the Wilmington NC area, call Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation about how we can help.

Job security is always an aspect to consider when choosing a job or career path, especially with a sloping economy. Economists are predicting that over the next fifteen years certain jobs in the medical field such as nurses and nursing assistants will become in short supply, which will increase the demand for such jobs. There are many different certifications and licenses you may receive within this targeted medical field such as becoming a registered nurse, a certified nursing assistant, a licensed practical nurse, along with many more. Persons in the health care field have a very emotional job as they work with those who are sick and ill. As they work with those, who many times cannot take care of themselves, sometimes questions and allegations arise as they help others’ loved ones.

In the State of North Carolina, the Department of Health and Human Services has created a Registry to help monitor any accusations that may arise regarding a discrepancy. The creation of the registry can be found in NC General Statute Section 131E-256 – Health Care Personnel Registry, where it states that:

(a)       The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities in North Carolina who have:

(1)       Been subject to findings by the Department of:

a.        Neglect or abuse of a resident in a health care facility or a person to whom home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

b.        Misappropriation of the property of a resident in a health care facility, as defined in subsection (b) of this section including places where home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

c.        Misappropriation of the property of a health care facility.

d.        Diversion of drugs belonging to a health care facility.

d1.      Diversion of drugs belonging to a patient or client of the health care facility.

e.        Fraud against a health care facility.

e1.      Fraud against a patient or client for whom the employee is providing services.

(2)       Been accused of any of the acts listed in subdivision (1) of this subsection, but only after the Department has screened the allegation and determined that an investigation is required.

The Health Care Registry can be located on the website of The N.C. Department of Health and Human Services Division.
If a person within the health care field finds their name placed upon the Registry then it will hinder their career drastically! Within NC General Statute 131E-256 it states: “ Before hiring health care personnel into a health care facility or service, every employer at a health care facility shall access the Health Care Personnel Registry and shall note each incident of access in the appropriate business files.” This dictates that health care agencies will check the registry prior before hiring new employees.

However, it is possible that your name could be wrongfully placed upon the registry. If this is the case then you can file for an administrative hearing to contest the listing, “ Health care personnel who wish to contest findings under subdivision (a)(1) of this section are entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice of the Department’s intent to place its findings about the person in the Health Care Personnel Registry.”

If the Department indeed discloses a finding then it is possible to have it removed, “ Health care personnel who wish to contest a decision by the Department to deny a removal of a single finding of neglect from the Health Care Personnel Registry under subdivision (1a) of subsection (i) of this section are entitled to an administrative hearing under Chapter 150B of the General Statutes. A petition for a contested case hearing shall be filed within 30 days of the mailing of the written notice of the Department’s denial of a removal of a finding of neglect.”

Rachel R. Reynolds, Paralegal