House committee substitute to the 1st edition rewrites the act so that it now provides as follows.
Enacts GS 14-401.28, concerning the willful destruction, alteration, or falsification of, or willful omission of information from medical records, as follows. Makes the following criminal offenses as described, unless the conduct is covered under some other provision of law providing greater punishment:
- A Class H felony when any health care provider knowingly and willfully destroys, alters, falsifies, or omits (collectively, “tamper with” or “tampering”) information from a medical record, directs any individual to tamper with information from a medical record, or conspires with one or more health care providers to tamper with information from a medical record for the purpose of concealing the commission of a medical error, or abuse or neglect of a patient, by a health care provider in providing medical services that caused serious injury to or the death of a patient.
- A Class A1 misdemeanor when any health care provider knowingly and willfully tampers with information from a medical record, directs any individual to tamper with information from a medical record, or conspires with one or more health care providers to tamper with information from a medical record for the purpose of concealing any material fact not covered under those acts constituting a Class H felony above, relating to any potential claim or cause of action arising from a health care provider providing medical services.
- A Class I felony when any health care provider or other individual offers or receives money or any other thing of value in exchange for the destruction of, alteration of, falsification of, or omission of information from a medical record for either purpose identified above.
Specifies that nothing in the statute affects any civil remedies for actions punishable under the statute. Defines health care provider and medical record. Applies to offenses committed on or after December 1, 2025.
Changes the act's long title.
CRIMINAL FALSIFICATION OF MEDICAL RECORDS.
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View NCGA Bill Details | 2025-2026 Session |
AN ACT TO CREATE THE OFFENSE OF WILLFUL DESTRUCTION, ALTERATION, OR FALSIFICATION OF, OR OMISSION OF INFORMATION FROM MEDICAL RECORDS.Intro. by Pless.
Bill History:
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Thu, 13 Feb 2025 House: Filed
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Mon, 17 Feb 2025 House: Passed 1st Reading
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Tue, 4 Mar 2025 House: Reptd Fav
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Tue, 4 Mar 2025 House: Re-ref Com On Health
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Tue, 18 Mar 2025 House: Reptd Fav Com Substitute
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Tue, 18 Mar 2025 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 25 Mar 2025 House: Withdrawn From Com
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Wed, 2 Apr 2025 House: Withdrawn From Com
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Thu, 3 Apr 2025 House: Reptd Fav
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Thu, 3 Apr 2025 House: Cal Pursuant Rule 36(b)
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Thu, 3 Apr 2025 House: Placed On Cal For 04/09/2025
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Wed, 9 Apr 2025 House: Passed 2nd Reading
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Wed, 9 Apr 2025 House: Passed 3rd Reading
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Thu, 10 Apr 2025 House: Regular Message Sent To Senate
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Thu, 10 Apr 2025 Senate: Regular Message Received From House
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Thu, 10 Apr 2025 Senate: Passed 1st Reading
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Thu, 10 Apr 2025 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 123 (2025-2026)Summary date: Mar 18 2025 - View Summary
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Bill H 123 (2025-2026)Summary date: Feb 13 2025 - View Summary
Enacts GS 90-413, making it unlawful for a health care provider to knowingly and willfully destroy, alter, or falsify a medical record, or to direct another person to do so, for either: (1) concealing the commission of an error by the health care provider in providing medical services that caused injury to or death of a patient, punishable as a Class H felony; (2) unlawfully obtaining money or any other thing of value, punishable as a Class I felony; or (3) concealing any material fact not covered in the previous two purposes relating to a potential claim or cause of action, punishable as a Class A1 misdemeanor. Specifies that the statute does not affect other civil remedies available for punishable actions. Applies to offenses committed on or after December 1, 2025.
House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO CREATE THE OFFENSE OF WILLFUL DESTRUCTION, ALTERATION, OR FALSIFICATION OF MEDICAL RECORDS.