North Carolina 2025-2026 Regular Session

North Carolina House Bill H123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 123
5		-	~~Committee Substitute Favorable 3/18/25~~
	5	+
6	6
7	7		Short Title: Criminal Falsification of Medical Records. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representative Pless.
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Health, if favorable, Rules, Calendar, and Operations of
	11	+	the House
10	12		February 17, 2025
11		-	H123 -v-2
	13	+	H123 -v-1
12	14		A BILL TO BE ENTITLED 1
13	15		AN ACT TO CREATE THE OFFENSE OF WILLFUL DESTRUCTION, ALTERAT ION, OR 2
14		-	FALSIFICATION OF, OR OMISSION OF INFORMA TION FROM MEDICAL 3
15		-	RECORDS. 4
16		-	The General Assembly of North Carolina enacts: 5
17		-	SECTION 1. Article 52 of Chapter 14 of the General Statutes is amended by adding 6
18		-	a new section to read: 7
19		-	"§ 14-401.28. Willful destruction, alteration, or falsification of, or willful omission of 8
20		-	information from medical records. 9
21		-	(a) Definitions. – The following definitions apply to this section: 10
22		-	(1) Health care provider. – Any individual who is licensed, certified, or 11
23		-	credentialed under Chapter 90, 90B, or 90C of the General Statutes, or Article 12
24		-	7 of Chapter 131E of the General Statutes. 13
25		-	(2) Medical record. – Personal information that relates to an individual's physical 14
26		-	or mental condition, medical history, or medical treatment. 15
27		-	(b) Unless the conduct is covered under some other provision of law providing greater 16
28		-	punishment, any health care provider who knowingly and willfully destroys, alters, falsifies, or 17
29		-	omits information from a medical record; directs any individual to destroy, alter, falsify, or omit 18
30		-	information from a medical record; or conspires with one or more health care providers to 19
31		-	destroy, alter, falsify, or omit information from a medical record for the purpose of concealing 20
32		-	the commission of a medical error, or abuse or neglect of a patient, by a health care provider in 21
33		-	providing medical services that caused serious injury to or the death of a patient is guilty of a 22
34		-	Class H felony. 23
35		-	(c) Unless the conduct is covered under some other provision of law providing greater 24
36		-	punishment, any health care provider who knowingly and willfully destroys, alters, falsifies, or 25
37		-	omits information from a medical record; directs any individual to destroy, alter, falsify, or omit 26
38		-	information from a medical record; or conspires with one or more health care providers to 27
39		-	destroy, alter, falsify, or omit information from a medical record for the purpose of concealing 28
40		-	any material fact not covered under subsection (b) of this section relating to any potential claim 29
41		-	or cause of action arising from a health care provider providing medical services is guilty of a 30
42		-	Class A1 misdemeanor. 31
43		-	(d) Unless the conduct is covered under some other provision of law providing greater 32
44		-	punishment, any health care provider or other individual who offers or receives money or any 33
45		-	other thing of value in exchange for the destruction of, alteration of, falsification of, or omission 34
46		-	of information from a medical record for either purpose identified in subsection (a) or (b) of this 35
47		-	section is guilty of a Class I felony. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 123-Second Edition
49		-	(e) Civil Remedies. – Nothing in this section shall affect any civil remedies available for 1
50		-	actions punishable under this section." 2
51		-	SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 3
52		-	committed on or after that date. 4
	16	+	FALSIFICATION OF MEDICAL RECORDS. 3
	17	+	The General Assembly of North Carolina enacts: 4
	18	+	SECTION 1. Article 29 of Chapter 90 of the General Statutes is amended by adding 5
	19	+	a new section to read: 6
	20	+	"§ 90-413. Willful destruction, alteration, or falsification of medical records. 7
	21	+	(a) Offense. – It is unlawful for a health care provider to knowingly and willfully destroy, 8
	22	+	alter, or falsify a medical record, or to direct any person to knowingly destroy, alter, or falsify a 9
	23	+	medical record, for any of the following purposes: 10
	24	+	(1) Concealing the commission of an error by the health care provider in 11
	25	+	providing medical services that caused injury to or the death of a patient. 12
	26	+	(2) Unlawfully obtaining money or any other thing of value. 13
	27	+	(3) Concealing any material fact not covered under subdivision (1) of this 14
	28	+	subsection relating to a potential claim or cause of action. 15
	29	+	(b) Punishment. – Unless the conduct is covered under some other provision of law 16
	30	+	providing greater punishment, violations of subsection (a) of this section are punishable as 17
	31	+	follows: 18
	32	+	(1) A violation of subdivision (1) of subsection (a) of this section is a Class H 19
	33	+	felony. 20
	34	+	(2) A violation of subdivision (2) of subsection (a) of this section is a Class I 21
	35	+	felony. 22
	36	+	(3) A violation of subdivision (3) of subsection (a) of this section is a Class A1 23
	37	+	misdemeanor. 24
	38	+	(c) Civil Remedies. – Nothing in this section shall affect any civil remedies available for 25
	39	+	actions punishable under this section." 26
	40	+	SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 27
	41	+	committed on or after that date. 28