HEALTH CARE OMNIBUS. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 287 (Public) Filed Tuesday, March 7, 2023
AN ACT REQUIRING HEALTH CARE PRACTITIONERS AND PHARMACISTS TO EDUCATE PATIENTS WITH PRESCRIPTIONS FOR OPIOID PAIN MEDICATIONS AND MEDICATIONS TO TREAT OPIOID USE DISORDER ABOUT THE POTENTIAL DANGERS OF OPIOIDS, OVERDOSE PREVENTION, AND THE AVAILABILITY AND USE OF OPIOID ANTAGONISTS TO PREVENT OVERDOSE DEATHS; CLARIFYING MEDICAID BENEFITS FOR INMATES; ALLOWING RECIPROCAL LICENSING FOR MARRIAGE AND FAMILY THERAPISTS; REDUCING THE UNNECESSARY REGULATORY BURDEN ON MASTER'S LEVEL PSYCHOLOGISTS; INCREASING ACCESS TO QUALITY MENTAL HEALTH CARE SERVICES; ELIMINATING CERTIFICATE OF NEED REVIEW FOR INPATIENT REHABILITATION SERVICES, REHABILITATION FACILITIES, AND REHABILITATION BEDS; AND INCREASING THE NUMBER OF EDUCATION HOURS REQUIRED FOR LICENSURE AS A MASSAGE THERAPIST.
Intro. by Sasser, K. Baker, White, Potts.

Status: Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Jun 17 2024)

SOG comments (1):

Long title change

Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT REQUIRING HEALTH CARE PRACTITIONERS AND PHARMACISTS TO EDUCATE PATIENTS WITH PRESCRIPTIONS FOR OPIOID PAIN MEDICATIONS AND MEDICATIONS TO TREAT OPIOID USE DISORDER ABOUT THE POTENTIAL DANGERS OF OPIOIDS, OVERDOSE PREVENTION, AND THE AVAILABILITY AND USE OF OPIOID ANTAGONISTS TO PREVENT OVERDOSE DEATHS.

Bill History:

H 287

Bill Summaries:

  • Summary date: Jun 12 2024 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes. Makes organizational changes. Changes the act’s short and long titles.

    Section 1

    Changes the effective date for new GS 90-12.8 to December 1, 2025 (was, October 1, 2023). Specifies that pharmacies distributing Schedule II controlled substances can make the information described in GS 90-12.8(a)(1)a-c available in electronic or paper form. Allows the information required to be displayed through signage to be provided through a Quick Response code or similar technology.

    Adds the following.

    Section 2

    Amends the exceptions to Medicaid coverage under GS 108D-40(a), as follows. Directs that recipients residing in carceral settings other than prisons whose Medicaid eligibility has been suspended are not eligible for Medicaid coverage. Directs that the exception under GS 108D-40(a) will continue to apply until the shorter of the following: (1) the recipient’s initial Medicaid eligibility certification period post-release or (2) 365 days. Applies this same waiting period for prison inmates exempt from Medicaid coverage upon their release from prison. Effective January 1, 2025.  

    Section 3

    Amends GS 90-270.56 (reciprocal licenses). Requires the Marriage and Family Therapy Licensure Board (Board) to issue marriage and family therapy licenses (currently, has discretion) if four requirements are met. Changes the licensure requirement for marriage and family therapists to remove the five-year licensure requirement and replaces it with a requirement that the individual has passed the Board’s exam on jurisprudence. Removes licensure as a marriage and family therapy associate as a qualifying license. Allows an individual to meet the licensure requirement if they have been licensed as a marriage and family therapist in another state for two continuous years. Makes a technical change. Increases the types of exams that meet the examination requirement to include the clinical examination required by the licensing board that regulates marriage and family therapy in the State of California. Requires applicants for licensure as a marriage and family therapist to submit a current report from the US DHHS National Practitioner Data Bank to the Board. Provides for designation of license as reciprocal license with the same rights and obligations, including continuing education, as those holding an in-state license. Sets out qualifications for a license as a marriage and family therapy associate by reciprocity. Makes organizational changes. Makes conforming changes to GS 90-270.55 (examinations) and GS 90-270.63 (criminal history checks of applicants).  Applies to applicants who apply for licensure on or after October 1, 2024.

    Section 4

    Amends the supervision provisions under the Psychology Practice Act (GS 90-270.139) as follows. Enacts GS 90-270.139(e1), which exempts certain licensed psychological associates from supervision if they have met the following requirements: (1) 4,000 hours of post-licensure experience in the delivery of psychological services under the supervision of one or more qualified licensed psychologists or qualified licensed psychological associates within a time period of at least twenty-four consecutive months and less than sixty consecutive months, (2) documentation that all performance ratings for those hours have been average or above-average, and (3) they submit an application for independent practice with proof of the required hours. Requires the NC Psychology Board (Psychology Board) to approve a licensed psychological associate to engage in independent practice if the licensed psychological associate meets those requirements. Makes conforming changes to GS 90-270.139(e) and deletes all of the specified activities for when a licensed psychological associate needs supervision set forth in GS 90-270.139(e)(3). Instead, provides that a licensed psychological associate needs supervision when they engage in psychology in accordance with the Psychology Board’s rules.

    Prevents a licensed psychological associate from engaging in the practice of neuropsychology or forensic psychology under GS 90-270.145(b) without first demonstrating specialized education and training to practice in those areas as the Psychology Board may determine by rule. Permits the Psychology Board to consider the licensed psychological associate's graduate level course work, continuing education, supervised training experience, or any other factors the board deems appropriate in determining whether the licensed psychological associate has sufficient specialized education and training to engage in the  practice of neuropsychology or forensic psychology. Defines neuropsychology and forensic psychology.

    Amends GS 90-270.153 (certification as health services provider) as follows. Creates an exception to supervision requirement for a licensed psychological associate who possesses a certification as a health services provider psychological associate to provide health services without supervision upon meeting the requirements in GS 90-270.139, discussed above. Allows a licensed psychological associate who was licensed before June 30, 2013, who can demonstrate, in accordance with Psychology Board rules, that they have been engaged in the provision of health services psychology under supervision for 4,000 hours within a time period of at least 24 consecutive months and less than 60 consecutive months, to meet the requirements for certification as a health services provider psychological associate.

    Creates a nominating committee consisting of the Psychology Board, the NC Psychological Association or its successor, and the NC Association of Professional Psychologists to solicit nominees from licensees for any vacancies that occur on the Psychology Board under GS 90-270.140 (currently, Board does not participate in the vacancy process and the associations seek advice of the chairs of the graduate departments of psychology in the state instead of seeking nominees).

    Effective October 1, 2024.

    Section 5

    Amends GS 131E-176 (the definitions pertaining to certificates of need) so that rehabilitative health services; rehabilitation health service facilities; rehabilitation health service facility beds; rehabilitation facility hospitals for rehabilitation of injured, disabled, or sick persons; nursing provided at an inpatient rehabilitation facility for the rehabilitation of sick, injured, or disabled individuals are no longer included in the definitions.  

    Section 6

    Extends the training requirements for licensure as a massage and bodywork therapist to 650 in-class hours (currently, 500 in-class hours) under GS 90-629 (requirements for licensure). Applies to applicants who apply for licensure on or after July 1, 2024. 


  • Summary date: Apr 4 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Expands the exemption to new GS 90-12.8 (setting forth a requirement to provide opioid antagonist education) to include a veterinarian acting in the practice of veterinary medicine, at an animal health center, emergency facility, mobile facility, veterinary clinic, or veterinary hospital.


  • Summary date: Mar 21 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.  Exempts practitioners providing hospice services to a hospice patient from GS 90-12.8 (setting forth requirements pertaining to opioid antagonist education). 


  • Summary date: Mar 7 2023 - View Summary

    Enacts new GS 90-12.8 requiring a practitioner to do the following when prescribing a specified Schedule II controlled substance (opium, opiate, or opioid and any salt, compound, derivative, or preparation of opium and opiate, opium poppy and poppy straw, and cocaine and related items): (1) provide information regarding all of the following to each patient receiving the prescription: the potential dangers of opioids, overdose prevention, and the availability and use of a drug approved by the federal Food and Drug Administration as an opioid antagonist for the complete or partial reversal of opioid-induced respiratory depression; (2) provide this information to one or more persons designated by the patient receiving the prescription or, for minors, to the minor's parent, guardian, or person standing in loco parentis. Defines practitioner as: (1) a physician, dentist, optometrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this State or (2) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance so long as such activity is within the normal course of professional practice or research in this State.

    Requires pharmacists to do the following when dispensing those same Schedule II controlled substances: (1) make available the information described above that is consistent with the federal Food and Drug Administration's labeling requirements for opioid pain medication and medication to treat opioid use disorder announced in the specified document and (2) post signage in a conspicuous place containing the same information.

    Specifies that nothing in this statute limits a practitioner's liability for negligent diagnosis or treatment of a patient, as allowed under applicable State or federal law, or constitute negligence per se or creates a private right of action against any practitioner who fails to follow the requirements of this statute.

    Effective October 1, 2023.