MODERNIZE LAWS PERTAINING TO NC MEDICAL BOARD.-AB

View NCGA Bill Details2019-2020 Session
House Bill 228 (Public) Filed Wednesday, February 27, 2019
AN ACT TO MODERNIZE LAWS PERTAINING TO THE NORTH CAROLINA MEDICAL BOARD AND THE PRACTICE OF MEDICINE.
Intro. by Murphy.

Status: Ch. SL 2019-191 (Aug 1 2019)

SOG comments (1):

Identical bill

Identical to S 178, filed 3/4/19.

Bill History:

H 228/S.L. 2019-191

Bill Summaries:

  • Summary date: Aug 5 2019 - More information

    AN ACT TO MODERNIZE LAWS PERTAINING TO THE NORTH CAROLINA MEDICAL BOARD AND THE PRACTICE OF MEDICINE. SL 2019-191. Enacted August 1, 2019. Effective October 1, 2019, except as otherwise provided.


  • Summary date: Jul 9 2019 - More information

    Senate committee substitute makes the following changes to the 6th edition.

    Part V.

    Amends GS 90-411 by removing the provision requiring the fee for copying any document or record on file to bear a reasonable relation to the number of copies and the cost of purchasing or leasing and maintaining copying equipment, as well as the provision allowing fees to be changed but requiring a schedule of fees to be available on request at all times. 


  • Summary date: Jul 2 2019 - More information

    Senate committee substitute makes the following changes to the 5th edition.

    Part V.

    Modifies the proposed changes to GS 90-411 to maintain the existing fee schedule of maximum fees health care providers can impose for medical record searching, handling, copying, and mailing, including allowing the imposition of a minimum fee of up to $10 (previously, eliminated).


  • Summary date: Jun 12 2019 - More information

    House amendment makes the following changes to the 4th edition.

    Part I.

    Makes clarifying changes to proposed GS 90-1.1(4b) and GS 90-5.4(b), and GS 90-14(a)(11) and GS 90-14.13(a1).


  • Summary date: Jun 5 2019 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Part I.

    Deletes the proposed changes to GS 90-13.1, which increased the fees for duplicate licenses and for the licensure of an anesthesiologist assistant, and also added a $230 fee for initial licensure of a physician assistant. 

    Amends GS 90-13.2 by deleting the proposed registration fees for physician assistants and anesthesiologist assistants as well as the proposed additional penalties. Deletes the increase in the required fee for a physician who fails to register.

    Deletes proposed GS 90-13.2A, which set out fees to be charged for professional corporations practicing medicine.

    Deletes proposed changes to GS 90-13.3, which increased the per diem to Board members.

    Makes conforming changes.

    Amends GS 90-14 by making technical changes.

    Part V.

    Amends GS 90-411 by removing the specified amounts that may be charged by a health care provider to cover the costs incurred in searching, handling, copying, and mailing medical records to the patient or the patient's designated representative and instead requires that the copying fee must bear a reasonable relation to the number of copies supplied and the costs related to copying equipment. Allows the fees to be changed from time to time but requires that a list of the fees be available on request at all times. 

    Part VIII.

    Adds that the North Carolina Medical Board must not set fees pursuant to rules. Provides that any fees set pursuant to rules adopted by the Board and applicable on June 1, 2019, remain valid.


  • Summary date: Apr 3 2019 - More information

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

    Part I.

    Makes technical changes to the Part.

    Makes technical changes to the proposed changes to GS 90-9.1.

    Modifies the proposed changes to GS 90-14 to maintain existing language which prohibits the NC Medical Board from revoking or denying a license, or disciplining a licensee, solely because of the person's practice of a therapy that is experimental, nontraditional, or that departs from acceptable and prevailing medical practices unless the Board can establish by competent evidence that the treatment has a safety risk greater than the prevailing treatment or that the treatment is generally not effective (previously eliminated entirely).

    Adds to the proposed changes to GS 90-16 to permit the Board to report investigative information which indicates that a crime may have been committed to the NC Department of Justice, the US Department of Justice, or the US District Attorney (previously permitted to report the information to the appropriate law enforcement agency or the respective district attorney). Additionally requires the Board to cooperate with the NC Department of Justice, the US Department of Justice, or the US District Attorney conducting a criminal investigation or prosecution of a licensee. Clarifies that the information reported or provided to an investigative agency or attorney remains confidential and cannot be disclosed except as necessary to further investigation or prosecution. Deletes the previously proposed changes to subsection (k) regarding the release of confidential or nonpublic information to any health care licensure board or authorized Department of Health and Human Service personnel, and instead maintains the existing language.


  • Summary date: Mar 19 2019 - More information

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

    Part I.

    Modifies proposed GS 90-5.4, removing the duty of every individual licensed to practice by the NC Medical Board (Board) to report in writing to the Board within 30 days any incidents that the licensee reasonably believes to have occurred that involve misuse of any controlled substances by a licensed person. Adds a qualification to the provision establishing a licensee's failure to report conduct of licensed persons pursuant to the statute to constitute unprofessional conduct and grounds for discipline, to not require reporting pursuant to the statute by licensees employed by or serving as a director or agent of the NC Physicians Health Program (Program) who obtain information exclusively while functioning in their role as employee, director, or agent that causes them to reasonably believe that the incidents referred to in the statute occurred; instead, requires such Program employees, directors or agents to comply with the reporting provisions contained in GS 90-21.22 (concerning the Board's agreement with the Program and the Program's duty to report licensees meeting specified criteria).

    Makes clarifying changes to the proposed changes to GS 90-9.1, which amends the criteria to be met for licensure as a physician by adding that the applicant must have completed at least 130 weeks of medical education that satisfies the already listed education requirements, to clarify that the applicant can satisfy the criteria by providing proof of a current certification by a specialty board recognized by the specified specialty boards. 

    Modifies the proposed changes to GS 90-12.01, which requires the program director of every graduate medical program to report to the Board on adverse actions or resignations by a physician participating in a graduate medical education training program. Now requires reporting of (1) any revocation or termination, including but not limited to, any nonrenewal or dismissal of a physician from a graduate medical program (previously, specifically included suspension, non-promotion, dismissal, or leave of absence not in good standing) and (2) a resignation from or completion of a graduate medical program, or a transfer to another graduate medical program (previously, specifically included completion of medical residency, internship, or fellowship, and leaves of absence in good standing).

    Part V.

    Amends the proposed changes to GS 90-411, concerning record copy fees, to maintain the existing provision establishing that charges for medical records and reports related to claims under Article 1 of GS Chapter 97 (Workers' Compensation Act) are governed by the fees established by the Industrial Commission pursuant to GS 97-26.1 (eliminated in the previous edition).


  • Summary date: Feb 28 2019 - More information

    Part I.

    Amends GS 90-1.1 which sets out the definitions used in GS Chapter 90, Article 1, Practice of Medicine, as follows. Expands the definition of license to also include authorization to an anesthesiologist assistant (in addition to physicians and physician assistants) to perform medical acts, tasks, or functions. Adds the terms inactive license and licensee (which is defined to include persons issued a license whether it is active or inactive).

    Amends GS 90-2 by amending the membership of the North Carolina Medical Board (Board) who are appointed by the Governor to require that one be a doctor of osteopathic medicine (was, be a doctor of osteopathy). Effective October 31, 2019.

    Amends GS 90-2(d) concerning the filling of specified Board vacancies by removing limitations set in GS 90-2(a)(2)a.

    Amends GS 90-3 concerning the Review Panel’s review of specified types of applicants for Board membership by removing limitations set in GS 90-2(a)(2)a. Also amends the qualifications that must be met by physicians, physician assistants, or nurse practitioners on the Board to require that the applicant indicate they are willing to take appropriate disciplinary action against peers for violations of the standards of medical care (was, standard of care or practice of medicine). Makes additional clarifying changes.

    Amends GS 90-5 by deleting the current Board meeting requirements and instead requires the Board to meet at least once quarterly within the State and allows holding any other necessary meetings.

    Amends GS 90-5.1 by giving the board the power to identify dyscomptent licensees and licensees (was, physicians only) who fail to meet acceptable standards of care. Also allows the Board to assess and improve licensee practice (was, physician practice only).

    Amends GS 90-5.2 to require that that licensees report to the Board any graduate medical or osteopathic education (previously limited that education to institutions approved by specified entities).

    Amends GS 90-5.3, concerning specified reporting and publication requirements, by making changes to conform to the new definition of license.

    Enacts new GS 90-5.4 requiring every licensee to report in writing to the Board within 30 day any incidents that the licensee reasonably believes to have occurred that involve sexual misconduct of any licensed person, or fraudulent prescribing, drug diversion, misuse, or theft of any controlled substances by a licensed person. Failure to report constitutes unprofessional conduct and is grounds for discipline. Provides immunity from civil liability for reports made in good faith and without fraud or malice. Those made in bad faith, fraudulently, or maliciously are unprofessional conduct and are grounds for discipline.

    Repeals GS 90-7, which required a bond by the secretary of the Board.

    Amends GS 90-8.1 by adding that by submitting a license application, the applicant submits to the Board’s jurisdiction.

    Amends GS 90-9.1 by amending criteria to be met for licensure as a physician by adding that the application must have completed at least 130 weeks of medical education that satisfies the already listed education requirements, and adds that the applicant provide proof of a current certification by a specialty board recognized by the specified specialty boards. Makes additional clarifying and technical changes.

    Amends GS 90-9.2, concerning the requirements for graduates of international medical schools to require that applicants for licensure who graduate from a medical school not approved by the specified entities have successfully completed two years (was, three years) of training in a medical education program approved by the Board after graduation from medical school, or allows providing proof of current certification by a listed specialty board; also adds the requirement that the applicant has passed each part of the exam in GS 90-10.1. Makes additional clarifying changes.

    Amends GS 90-9.3, which sets out the requirements for licensure as a physician assistant by changing the organization that accredits the education program that physician assistants or surgeon assistants must have completed.

    Amends GS 90-9.4, which sets out the criteria for licensure as an anesthesiologist assistant by removing the requirement to pass a certification exam administered by the NCCAA.

    Enacts new GS 90-9.5 giving the Board jurisdiction over inactive licenses, regardless of how the license became inactive.

    Repeals GS 90-10.1(1), which allowed the Board to administer or accept for licensure a State Board licensing examination.

    Amends GS 90-11 to allow the Board to collect a fee from each applicant for purposes of criminal record checks and requires that the payment be given to the Department of Public Safety.

    Amends GS 90-12.01 by adding that the program director of every graduate medical program must report to the Board on adverse actions or resignations by a physician participating in a graduate medical education training program.

    Amends GS 90-12.1A concerning the issuance of a limited volunteer license to require that applicants produce a verification (was, a letter) from the state of licensure indicating applicant’s license is active and in good standing. Increases the fine for limited license holders who practice outside of an association with clinics that specialize in the treatment of indigent patients from a range of $25-$50 to no more than $500. Makes additional clarifying changes.

    Amends GS 90-12.1 (applicable to retired limited volunteer license) and GS 90-12.2A (applicable to special purpose license) to increase the fine for improper practice from a range of $25-$50 to no more than $500. Makes additional clarifying changes.

    Amends GS 90-12.3 by amending the qualifications to be met in order to receive a medical school faculty license to require that the applicant hold a full-time faculty appointment as either an instructor, lecturer, assistant professor, associate professor, or full professor at an NC medical school that is certified by the specified entities. Increases the fine for improper practice from a range of $25-$50 to no more than $500. Adds conditions under which a medical school faculty license will become inactive. Makes additional clarifying changes.

    Amends GS 90-12.4, applicable to a physician limited volunteer license and GS 90-12.4B, applicable to a physician assistant retired limited volunteer license, by increasing the fine for improper practice from a range of $25-$50 to no more than $500. Makes other clarifying changes.

    Amends GS 90-13.1 by increasing the fees for duplicate licenses and for the licensure of an anesthesiologist assistant. Adds a $230 fee for initial licensure of a physician assistant. Makes a conforming deletion in GS 90-9.3.

    Amends GS 90-13.2 to add registration fees and related fines for physician assistants and anesthesiologist assistants. Increases the fine for physicians who fail to register. Makes additional changes that expand provisions to all licensees, not just physicians.

    Enacts new GS 90-13.2A allowing for corporate certificates and establishing fees that are to be paid by professional corporations practicing medicine.

    Amends GS 90-13.3 by increasing the per diem to Board members.

    Amends GS 90-14 by amending the Board’s disciplinary authority as follows. Allows the Board to require an applicant or licensee (was, a physician only) to submit to a mental or physical exam and expands upon who may conduct that exam; failure to comply may be considered unprofessional conduct. Deletes the provision prohibiting license revocation or denial or discipline solely because a person’s practice of a therapy departs from acceptable and prevailing medical practice. Amends allowing action due to lack of professional competence to practice to include consideration of repeated acts of an applicant’s or licensee’s (was, physician’s only) failure to properly treat a patient; makes conforming changes and adds that failure to comply with a related order may be considered unprofessional conduct. Extends other disciplinary authority to conduct by all licensees, not just physicians. Adds that the board may take action for a violation of any provision of the Article and for failure to make required reports. Adds that a felony conviction under GS Chapter 14, Article 7B (rape and other sexual assaults), results in the automatic permanent denial or revocation of a license. Adds that the provisions allowing for an informal nonpublic precharge conference do not apply where the Board has issued an order of summary suspension. Provides that when it is determined that emergency action is required, the Board may seek to require of a licensee the taking of any action adversely impacting the licensee's medical practice or license without first giving notice.

    Amends GS 90-14.1 to require that when an applicant fails to satisfy the qualifications for licensure, the Board must immediately notify the person of its decision and indicate how the applicant has failed to meet the requirements. Allows for appeal to superior court of the county where the Board is located (was, Superior Court of Wake County) and removes other references to the Board being located in Raleigh. Removes provision allowing each party to the review proceeding to appeal to the Supreme Court.

    Amends GS 90-14.2 by no longer specifying that a notice of charges made against a licensee may be prepared by a committee of one or more designated Board members.

    Amends GS 90-14.5 to allow the Board to use an administrative law judge if the licensee is a current or former Board member. Moves the provision allowing evidence and testimony to be presented at a hearing before the Board or committee in the form of deposition before any person authorized to administer oaths into GS 90-14.6. Allows the Board to receive witness testimony at a hearing via telephone or videoconferencing.

    Amends GS 90-14.8 by amending the court that may hear review of a Board decision.

    Amends GS 90-14.13 to extend reporting requirements for health care institutions and provider organizations to include specified actions taken concerning licensees, not just physicians. Allows the Board to adopt rules limiting these reporting requirements. Requires the specified report from licensees who do not possess professional liability insurance or professional liability insurance from entities not owned and operated within the state. Defines claim for purpose of provisions related to reporting by insurance companies providing professional liability insurance.

    Amends GS 90-16 to no longer require the Board to keep a regular record of its proceedings with the names of the applicants for license. Amends the entities to which the Board, its members, and staff may release confidential or nonpublic information.

    Amends GS 90-18(c) to no longer exclude the practice of osteopathy by any legally licensed osteopath from the practice of medicine or surgery. Amends the definition of radiology. Makes other clarifying changes.

    Amends GS 90-18.1 by amending the conditions under which physician assistants are authorized to write prescriptions for drugs by removing the condition that the Board has assigned an identification number to the assistant which is shown on the written prescription. Amends the conditions under which physician assistants are authorized to order medications, tests, and treatments to no longer require that the facility’s written policy on such actions have been approved by the medical staff after consultation with the nursing administrator. Makes additional clarifying changes.

    Amends GS 90-18.2 by amending the conditions under which nurse practitioners are authorized to write prescription drugs by removing the condition that the Board has assigned an identification number to the assistant which is shown on the written prescription. Makes other clarifying changes.

    Amends GS 90-18.3 to allow nurse practitioners and physician assistants to conduct medical exams when a statute or state agency rule requires that such an exam be conducted by a physician.

    Repeals GS 90-18.7, which concerned the coordination of rules on pathological materials.

    Part II.

    Amends GS 115B-14 to allow a professional corporation to be formed by and between or among any combination of a physician assistant, an anesthesiology assistant, or a certified nurse anesthetist to render anesthesia and related services that the respective stockholders are approved to provide.

    Part III.

    Amends GS 143-519 by amending the membership of the Emergency Medical Services Disciplinary Committee to allow a member to be a current or former (was, current) physician member of the Board.

    Part IV.

    Amends GS 8-53, concerning communications between health care providers and patients, to extend the applicability of the statute to a person authorized to practice under Article 1 of GS Chapter 90.

    Part V.

    Amends GS 90-411, concerning record copy fees, by deleting the provision stating that the statute only applies with respect to liability claims for personal injury and claims for Social Security disability.

    Part VII.

    Enacts new GS 14-27.33A making it a Class C felony if a person who undertakes meical treatment of a patient either: (1) represents to the patient that sexual contact between the person and the patient is necessary or will be beneficial to the patient's health and induces the patient to engage in sexual contact with the person by means of the representation, (2) represents to the patient that sexual penetration between the person and the patient is necessary or will be beneficial to the patient's health and who induces the patient to engage in sexual penetration with the person by means of the representation, (3) engages in sexual contact with the patient while the patient is incapacitated, or (4) engages in sexual penetration with the patient while the patient is incapacitated. Applies to offenses committed on or after December 1, 2019.

    Part VII.

    Amends GS 130A-115 by adding that in the absence of a treating physician, physician assistant, or nurse practitioner in charge of the patient's care at the time of death, chief medical officer of the hospital or facility in which the death occurred, or a physician performing an autopsy, the death certificate may be completed by any other physician, physician assistant, or nurse practitioner who undertakes reasonable efforts to ascertain the events surrounding the patient's death. Gives a person doing so immunity from civil liability or professional discipline.

    Part VIII.

    Act is effective October 1, 2019.


  • Summary date: Feb 27 2019 - More information

    To be summarized.


Printer-friendly: Click to view