North Carolina General Statutes § 90-21.25 Definitions

As used in this Article, the following terms have the meanings specified:

(1)        "Attorney General" means the Attorney General of the State of North Carolina, or any attorney to whom the Attorney General delegates authority and responsibility to act pursuant to this Article.

(2)        "Cooperative agreement" means an agreement among two or more physicians, or between a physician, hospital, or any other person or persons, for the sharing, allocation, or referral of patients, personnel, instructional programs, support services and facilities, or medical, diagnostic, or laboratory facilities or equipment, or procedures or other services traditionally offered by physicians. Cooperative agreement shall not include any agreement that would permit self-referrals of patients by a health care provider that is otherwise prohibited by law.

(3)        "Department" means the North Carolina Department of Health and Human Services.

(4)        "Federal or State antitrust laws" means any and all federal or State laws prohibiting monopolies or agreements in restraint of trade, including, but not limited to, the federal Sherman Act, Clayton Act, and Federal Trade Commission Act, and the North Carolina laws codified in Chapter 75 of the General Statutes.

(5)        "Hospital" means any hospital required to be licensed under Chapter 131E or 122C of the General Statutes.

(6)        "Person" means any individual, firm, partnership, corporation, association, public or private institution, political subdivision, or government agency.

(7)        "Physician" means an individual licensed to practice medicine pursuant to Article 1 of this Chapter. (1995, c. 395, s. 2; 1997-443, s. 11A.118(a).)

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Last modified: March 23, 2014