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View NCGA Bill Details2015-2016 Session
House Bill 728 (Public) Filed Tuesday, April 14, 2015
Intro. by Conrad, Bryan, Setzer.

Status: Ch. SL 2016-117 (House Action) (Jul 28 2016)

SOG comments (1):

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Bill History:

H 728/S.L. 2016-117

Bill Summaries:

  • Summary date: Aug 2 2016 - View Summary

    AN ACT TO AMEND LAWS AND FEES PERTAINING TO VARIOUS OCCUPATIONAL LICENSING BOARDS. Enacted July 28, 2016. Effective October 1, 2016, except as otherwise provided.

  • Summary date: Jun 30 2016 - View Summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Changes the long and short titles.

    Section 1

    Deletes proposed subdivision (7) to GS 90-154(a), which authorized the board to impose and collect civil money penalties for violations of the chiropractic licensing laws. Changes the effective date of changes to GS 90-154(a) to October 1, 2016 (previously, effective December 1, 2015, and applies to offenses committed on or after that date).

    Amends GS 90-155 by increasing the maximum amount that may be charged for the renewal of a chiropractic license from $180 to $300.

    Section 2

    Amends GS 90-2(b) concerning the NC Medical Board (Board), providing that no member can serve more than two complete three-year terms in a lifetime (previously did not limit it to a lifetime). Amends GS 90-3(b) adding language that provides that you cannot have served more than 72 months as a member of the Board as criteria for serving on the Board. Amends GS 90-3(c), making technical changes.

    Adds new subsections to GS 90-3, concerning the Review Panel recommending certain Board members, providing that the Board can provide the Review Panel with confidential and nonpublic licensing and investigative information it possesses. Provides that the information the Review Panel receives or gathers is not a public record but rather is privileged, confidential, and not subject to discovery or other legal means of compulsory release. Requires the Review Panel to publish specified information concerning the nominees to the Board. Establishes that the Review Panel is a public body within the meaning of GS Chapter 143, Article 33C, authorized to conduct business in a closed session, and specifies instances when the Panel must do so.

    Amends GS 90-5.2, concerning the collecting and publishing of data collected by the Board, making technical and clarifying changes. 

    Amends GS 90-8.1, concerning the rules for licensure, providing that the Board cannot deny an application for licensure based solely on the applicant's failure to become board-certified. Makes technical changes. 

    Amends GS 90-13.1(a), changing the application fee to be licensed to practice medicine and surgery in North Carolina to $400 (was, $350).

    Amends GS 90-13.3, concerning specified registration fees, requiring all individuals licensed to practice medicine in North Carolina to register with the Board and pay a $250 registration fee (was, $175). Provides that those that have a retired limited volunteer license, pursuant to GS 90-12.1B, are not required to pay an annual registration fee (previously, were required to pay a $25 fee). Deletes language which provided that inactive physicians in North Carolina could direct the Board to place their licenses on inactive status. Adds new subsection to prohibit the Board from denying a licensee's annual registration based solely on the licensee's failure to become board certified. Makes technical and conforming changes.

    Amends GS 90-14(n) concerning disciplinary proceedings, making technical and clarifying changes, deleting language which only allowed service of process to both the licensee and counsel if the licensee retained counsel before the Board made a nonpublic determination to initiate disciplinary proceedings.

    Enacts new GS 90-14.2(c) concerning discovery in disciplinary hearings, providing that the parties can engage in discovery once charges have been issued. Further provides that the Board must provide the respondent or counsel all the evidence in its possession except for information subject to attorney-client privilege; information that would identify an anonymous complainant; and information related to advisory opinions, recommendations, or deliberations by the Board or associated staff that would not be offered into evidence by the Board.

    Amends GS 90-14.13(a1)(1) deleting language which provided an exception to the prohibition on hospitals reporting the suspension or limitation of a physician's privileges for failure to timely complete medical records.

    Amends GS 90-21.22, renaming the statute as Health program for medical professionals (was, Peer review agreements). Amends subsection (a) of GS 90-21.22 to provide that the North Carolina Medical Board (Board) may enter into agreements with the North Carolina Medical Society (Society), the North Carolina Academy of Physician Assistants (Academy), and the North Carolina Physicians Health Program (Program) to identify, review, and evaluate the ability of persons licensed by the Board and referred to the Program to function in their professional capacity and to coordinate regimens for treatment and rehabilitation. Deletes provisions specifying peer review activities to be covered by this type of agreement. Requires the agreement to include guidelines for (1) the assessment, referral, monitoring, support, and education of licensees of the Board by reason of a physical or mental illness, a substance use disorder, or professional sexual misconduct; (2) procedures for the Board to refer licensees to the Program; (3) criteria for the Program to report licensees to the Board; (4) a procedure for licensees to obtain review of recommendations by the Program regarding assessment or treatment; (5) periodic reporting of statistical information by the Program to the Board, the Society, and the Academy; and (6) maintaining the confidentiality of nonpublic information. Describes the Program as an independent organization for medical professionals that provides screening, referral, monitoring, educational, and support services. Provides that the Board, Society, and Academy may provide funds for the administration of the Program.

    Requires the Program to report immediately to the Board detailed information about any licensee of the Board who meets specified criteria including: constitutes an imminent danger to patient care (was, to the public or him- or herself) by reason of mental or physical illness, substance use disorder, professional sexual misconduct (was, sexual boundary violations) or any other reason.

    Requires the Program to provide the licensee and the licensee's legal counsel with a copy of a written assessment of the licensee prepared as part of the licensee's participation in the Program upon the written request of a licensee. 

    Authorizes the Board to adopt, amend, or repeal rules as necessary to carry out and enforce the provisions of the statute.

    Repeals GS 90-16(d) (concerning the access of specified information by a licensee).

    Section 3

    Amends the qualifications in GS 90-240 for applicants for the exam for dispensing opticians to reduce the number of required years in an apprenticeship and adds requirements for exam applicants who hold a four-year degree or comparable degree in a health-related field. Requires that the exam (was, allows the exam) to include any nationally prepared and recognized exam and requires the adoption of rules designating the nationally prepared and recognized exam that satisfies and serves as credit for the state exam. Specifies conditions under which the required internship may occur before or after sitting for the exam.

    Amends GS 90-245 to allow the North Carolina State Board of Opticians (Board) administrator, instead of the Secretary, to collect fees. 

    Increases the fees charged by the Board under GS 90-246 and adds fees for the registration of an optician in charge, a late fee for restoration of an expired license, a late fee for restoration of an expired license within the second year after expiration, and a restoration fee for an inactive license within the second year.

    Amends GS 90-249 to add to the Board's duties designating accredited colleges, universities, and coursework that satisfies the qualifications for examination.

    Section 4

    Amends GS 93A-4 as follows. Sets the real estate broker license application fee at $100 (was, not to exceed $30) unless the North Carolina Real Estate Commission (Commission) sets the fee at a higher amount by rule; however, prohibits the Commission from setting an application fee that is more than $120 and prohibits increasing the application fee by more than $5 during a 12-month period.

    Sets the license renewal fee at $45 (was, $30) unless the Commission sets the renewal fee at a higher amount by rule; however, prohibits the Commission from setting the renewal fee at more than $60 (was, $50) and prohibits increasing the renewal fee by more than $5 during a 12-month period.

    Sets the fee for reinstatement of an expired, revoked, or suspended license at an amount that is equal to two times the license renewal fee at the time the reinstatement application is submitted.

    No longer requires the pre- and post-licensing education program hours to consist of in-classroom instruction.

    Effective July 1, 2017.

    Section 5

    Except as otherwise provided, effective October 1, 2016.

  • Summary date: Apr 23 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition:

    Amends the effective date clause, now providing that Section 2 of the act, which amends GS 90-154(a), becomes effective on December 1, 2015 (was, Section 3, which amends GS 90-155, effective December 1, 2015). 

  • Summary date: Apr 15 2015 - View Summary

    Amends GS 90A-143.4(b) to provide that a chiropractic clinical assistant has 180 days (was, 120 days) after beginning employment to obtain a certificate of competency from the State Board of Chiropractic Examiners (Board).

    Amends GS 90-154(a) to authorize the board to impose and collect civil money penalties for violations of the chiropractic licensing laws. Makes technical changes.

    Amends GS 90-155 to increase the annual license renewal fee from $150 to $300. Makes technical changes.

    The fee increase is effective December 1, 2015. Other provisions are effective when they become law.