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NC · jury_instructions

N.C.P.I.—Crim. 220.47

[SOLICITING] [RECEIVING] ANYTHING OF VALUE IN RETURN FOR REFERRING A PATIENT [TO] [FROM] A [TREATMENT PROVIDER] [LABORATORY]. FELONY.

activein force · 2024-04-01 – presentas-observed

The defendant has been charged with [soliciting] [receiving] anything

of value in return for referring a patient [to] [from] a [treatment provider]

[laboratory].1

For you to find the defendant guilty of this offense, the State must prove

two things beyond a reasonable doubt:

First, that the defendant was a [treatment provider]2 [treatment

facility]3 [recovery residence]4 [third party providing services to any of these

persons or entities].

And Second, that the defendant knowingly5 [[solicited] [received]

anything of value [[directly] [indirectly]] [[in cash] [in kind]]] [engaged in

any split-fee arrangement in any form whatsoever] in return for referring6 a

[[patient]7 [patronage]] [[to] [from]] a [treatment provider] [laboratory].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant was a [treatment provider] [treatment

facility] [recovery residence] [third party providing services to any of these

persons or entities] and knowingly [[solicited] [received] anything of value

[[directly] [indirectly]] [[in cash] [in kind]]] [engaged in any split-fee

arrangements in any form whatsoever] in return for referring a [[patient]

[patronage]] [[to] [from]] a [treatment provider] [laboratory] (nothing else

appearing),8 it would be your duty to return a verdict of guilty. If you do not

so find or have a reasonable doubt as to one or both of these things, it would

be your duty to return a verdict of not guilty.

History

N.C.P.I.—Crim. 220.47 (April 2024). N.C. Gen. Stat. § 90-113.152(a)(2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.

Provenance

Source
sog.unc.edu
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
1edf10baa9872dd2441dfe8bd6795156098cb2024f7156691841178162c470d8
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