North Carolina HB 826: Amend MH Confidentiality Statutes.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 826

Short Title: No Retaliation Against Mandatory Reporters. (Public)
Sponsors: Representatives Greenfield, Setzer, Lambeth, and White (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 9, 2025
*H826-v-1*
A BILL TO BE ENTITLED 1
AN ACT AMENDING THE LABOR LAWS TO PROVIDE PROTECTION FOR 2
MANDATORY REPORTERS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Chapter 95 of the General Statutes is amended by adding a new Article 5
to read: 6
"Article 21A. 7
"Protection for Mandatory Reporters. 8
"§ 95-246. Definitions; public policy. 9
(a) The following definitions apply in this Article: 10
(1) Commissioner. – The North Carolina Commissioner of Labor. 11
(2) Employee. – Any individual employed by an employer who is required by the 12
General Statutes to serve as a mandatory reporter. 13
(3) Employer. – Any person that employs one or more employees who are 14
required by the General Statutes to serve as a mandatory reporter. 15
(4) Mandatory reporter. – An individual who is required by law to report 16
suspected abuse, neglect, or dependency of children, disabled adults, or older 17
adults or who is covered under one or more of the following mandatory 18
reporting statutes: 19
a. G.S. 90-5.4. – Duty to report. 20
b. G.S. 90-121.7. – Duty to report certain other acts or events. 21
c. G.S. 77-129. – No discharge of treated or untreated sewage in coastal 22
waters; duty of marina owner or operator to report unlawful discharge. 23
d. G.S. 143B-1017. – Duty of individuals to notify Center and 24
law-enforcement agency when missing person has been located. 25
e. G.S. 7B-301. – Duty to report abuse, neglect, dependency, or death 26
due to maltreatment. 27
f. G.S. 7B-1700.1. – Duty to report abuse, neglect, dependency. 28
g. G.S. 14-208.11A. – Duty to report noncompliance of a sex offender; 29
penalty for failure to report in certain circumstances. 30
h. G.S. 90-21.20. – Reporting by physicians and hospitals of wounds, 31
injuries and illnesses. 32
i. G.S. 108A-102. – Duty to report; content of report; immunity. 33
j. G.S. 108A-115. – Duty to report suspected fraud; content of report; 34
immunity for reporting. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 826-First Edition
k. G.S. 110-105.4. – Duty to report child maltreatment. 1
l. G.S. 122C-66. – Protection from abuse and exploitation; reporting. 2
(5) Protected activity. – Making a good-faith report of suspected abuse, neglect, 3
exploitation, dependency, fraud, or other conditions that threaten health, 4
safety, or welfare to the appropriate authorities as required by State law. 5
(6) Retaliatory action. – The discharge, suspension, demotion, disciplinary action, 6
reduction in salary, transfer, or other adverse employment action taken against 7
an employee in the terms, conditions, privileges, or benefits of employment. 8
(b) The General Assembly finds that when private employees are required by law to serve 9
as mandatory reporters, they may face conflicting pressures between their legal duty to report 10
and concerns about potential adverse employment consequences. These employees must be free 11
to fulfill their statutory obligations to protect vulnerable persons without intimidation, 12
harassment, or retaliatory employment action. Therefore, it is the public policy of this State that: 13
(1) Employees required by statute to report suspected abuse, neglect, dependency, 14
fraud, exploitation, or other conditions that threaten the health, safety, or 15
welfare of vulnerable persons shall fulfill their statutory reporting duties 16
without fear of retaliation from their employers. 17
(2) Employees serving as mandatory reporters under North Carolina law who 18
make good-faith reports as required by statute should be protected from 19
retaliatory actions in their employment, as their protection is essential to 20
ensure the effectiveness of the State's mandatory reporting systems and the 21
protection of the public or vulnerable populations. 22
"§ 95-247. Protection from retaliation. 23
(a) No employer shall take retaliatory action against an employee because the employee 24
engages in a protected activity. An employer takes retaliatory action against an employee when 25
the employee's protected activity is a substantial motivating factor in the employer's decision to 26
take adverse employment action against the employee. 27
(b) If an employee is a mandatory reporter, the employer shall provide notice to the 28
employee of their rights under this Article and provide training on mandatory reporting 29
obligations with 60 days of hiring and annually thereafter. 30
(c) To qualify for protection under this Article, an employee must document that they 31
made a mandatory report. When legally permitted, the employee should notify their employer 32
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