GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-501
HOUSE BILL 1002
AN ACT to AMEND PUBLIC HEALTH-RELATED LAWS TO clarify PROCEDURES FOR INVESTIGATING AND CONTROLLING COMMUNICABLE DISEASES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A-534.3 reads as rewritten:
"§ 15A-534.3. Detention for communicable diseases.
If a judicial official conducting an initial appearance or
first appearance hearing finds probable cause that an individual was exposedhad
a nonsexual exposure to the defendant in a manner that poses a significant
risk of transmission of the AIDS virus or Hepatitis B by such defendant, the
judicial official shall order the defendant to be detained for a reasonable
period of time, not to exceed 24 hours, for investigation by public health
officials and for testing for AIDS virus infection and Hepatitis B infection if
required by public health officials pursuant to G.S. 130A-144 and
G.S. 130A-148."
SECTION 2. G.S. 130A-144(b) reads as rewritten:
"(b) Physicians and Physicians,
persons in charge of medical facilities or laboratories laboratories,
and other persons shall, upon request and proper identification, permit a
local health director or the State Health Director to examine, review, and
obtain a copy of medical or other records in their possession or under their
control which the State Health Director or a local health director determines
pertain to the (i) diagnosis, treatment, or prevention of a communicable
disease or communicable condition for a person infected, exposed, or reasonably
suspected of being infected or exposed to such a disease or condition, or (ii)
the investigation of a known or reasonably suspected outbreak of a communicable
disease or communicable condition."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of August, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 3:12 p.m. this 26th day of August, 2009