AN ACT TO ALLOW MILITARY RELOCATION LICENSES FOR PHYSICIAN AND PHYSICIAN ASSISTANT SERVICEMEMBERS AND SPOUSES; TO MODIFY THE LAW FOR OVER-THE-COUNTER HEARING AIDS; TO MODIFY THE CREDENTIALING OF BEHAVIOR ANALYSTS UNDER THE NORTH CAROLINA BEHAVIOR ANALYST BOARD; TO MAKE MODIFICATIONS TO THE LAWS OF OPTOMETRY; TO EVALUATE FEDERAL REQUIREMENTS AND, IF APPROPRIATE, DEVELOP A PLAN TO TRANSITION THE NURSE AIDE I EDUCATION AND TRAINING PROGRAM TO THE BOARD OF NURSING; TO PROTECT HEALTH CARE WORKERS FROM VIOLENCE BY REQUIRING CERTAIN HOSPITALS TO HAVE LAW ENFORCEMENT OFFICERS IN EMERGENCY DEPARTMENTS; TO INCREASE THE PUNISHMENT FOR ASSAULT AGAINST CERTAIN PERSONNEL; TO EXTEND FLEXIBILITY FOR AMBULANCE TRANSPORT PROVIDED UNDER THE EXPIRING FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION; TO UPDATE GENERAL STATUTES GOVERNING THE PRACTICE OF AUDIOLOGY TO BETTER REFLECT THE CHANGES IN EDUCATION, EXPERIENCE, AND PRACTICE OF THE PROFESSION TO ENHANCE THE HEALTH AND WELFARE OF NC CITIZENS; TO ADJUST MEDICAID REIMBURSEMENT FOR DENTAL PROCEDURES PERFORMED IN AMBULATORY CENTERS; AND TO UPDATE THE DEFINITION OF A BAR IN THE SANITATION STATUTES. SL 2023-129. Enacted September 29, 2023. Effective September 29, 2023, except as otherwise provided.
NC HEALTH & HUMAN SERVICES WORKFORCE ACT (NEW).
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO ALLOW MILITARY RELOCATION LICENSES FOR PHYSICIAN AND PHYSICIAN ASSISTANT SERVICEMEMBERS AND SPOUSES; TO MODIFY THE LAW FOR OVER-THE-COUNTER HEARING AIDS; TO MODIFY THE CREDENTIALING OF BEHAVIOR ANALYSTS UNDER THE NORTH CAROLINA BEHAVIOR ANALYST BOARD; TO MAKE MODIFICATIONS TO THE LAWS OF OPTOMETRY; TO EVALUATE FEDERAL REQUIREMENTS AND, IF APPROPRIATE, DEVELOP A PLAN TO TRANSITION THE NURSE AIDE I EDUCATION AND TRAINING PROGRAM TO THE BOARD OF NURSING; TO PROTECT HEALTH CARE WORKERS FROM VIOLENCE BY REQUIRING CERTAIN HOSPITALS TO HAVE LAW ENFORCEMENT OFFICERS IN EMERGENCY DEPARTMENTS; TO INCREASE THE PUNISHMENT FOR ASSAULT AGAINST CERTAIN PERSONNEL; TO EXTEND FLEXIBILITY FOR AMBULANCE TRANSPORT PROVIDED UNDER THE EXPIRING FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION; TO UPDATE GENERAL STATUTES GOVERNING THE PRACTICE OF AUDIOLOGY TO BETTER REFLECT THE CHANGES IN EDUCATION, EXPERIENCE, AND PRACTICE OF THE PROFESSION TO ENHANCE THE HEALTH AND WELFARE OF NC CITIZENS; TO ADJUST MEDICAID REIMBURSEMENT FOR DENTAL PROCEDURES PERFORMED IN AMBULATORY CENTERS; AND TO UPDATE THE DEFINITION OF A BAR IN THE SANITATION STATUTES.Intro. by White, Bradford, Riddell.
SOG comments (3):
Long title change
Senate committee substitute to the 3rd edition changed the long title. Previous title was AN ACT TO ALLOW MILITARY RELOCATION LICENSES FOR PHYSICIAN AND PHYSICIAN ASSISTANT SERVICE MEMBERS AND SPOUSES; TO ALLOW THE GRANTING OF AN INTERNATIONALLY-TRAINED HOSPITAL PHYSICIAN EMPLOYEE LICENSE; TO MODIFY THE LAW FOR OVER-THE-COUNTER HEARING AIDS; TO MODIFY THE CREDENTIALING OF BEHAVIOR ANALYSTS UNDER THE NORTH CAROLINA BEHAVIOR ANALYST BOARD; TO MAKE MODIFICATIONS TO THE LAWS OF OPTOMETRY; TO DEVELOP A PLAN TO TRANSITION THE NURSE AIDE I EDUCATION AND TRAINING PROGRAM TO THE BOARD OF NURSING; AND TO PROTECT HEALTHCARE WORKERS FROM VIOLENCE BY REQUIRING CERTAIN HOSPITALS TO HAVE LAW ENFORCEMENT OFFICERS IN EMERGENCY DEPARTMENTS, TO ADDRESS THE VIOLATION OF A PROTECTIVE ORDER ISSUED UPON THE REQUEST OF A HOSPITAL, AND TO INCREASE THE PUNISHMENT FOR ASSAULT AGAINST CERTAIN PERSONNEL.
Long title change
Conference report to the 5th edition changed the long title. Previous long title was AN ACT TO ALLOW MILITARY RELOCATION LICENSES FOR PHYSICIAN AND PHYSICIAN ASSISTANT SERVICEMEMBERS AND SPOUSES; TO ALLOW THE GRANTING OF AN INTERNATIONALLY-TRAINED PHYSICIAN EMPLOYEE LICENSE; TO MODIFY THE LAW FOR OVER-THE-COUNTER HEARING AIDS; TO MODIFY THE CREDENTIALING OF BEHAVIOR ANALYSTS UNDER THE NORTH CAROLINA BEHAVIOR ANALYST BOARD; TO MAKE MODIFICATIONS TO THE LAWS OF OPTOMETRY; TO DEVELOP A PLAN TO TRANSITION THE NURSE AIDE I EDUCATION AND TRAINING PROGRAM TO THE BOARD OF NURSING; TO PROTECT HEALTH CARE WORKERS FROM VIOLENCE BY REQUIRING CERTAIN HOSPITALS TO HAVE LAW ENFORCEMENT OFFICERS IN EMERGENCY DEPARTMENTS, TO ADDRESS THE VIOLATION OF A PROTECTIVE ORDER ISSUED UPON THE REQUEST OF A HOSPITAL, TO INCREASE THE PUNISHMENT FOR ASSAULT AGAINST CERTAIN PERSONNEL; TO MODERNIZE AND EXPAND PHYSICIAN-PHARMACIST COLLABORATIVE PRACTICE; AND TO EXTEND FLEXIBILITY FOR AMBULANCE TRANSPORT PROVIDED UNDER THE EXPIRING FEDERAL PUBLIC HEALTH EMERGENCY DECLARATION.
Bill History:
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Wed, 15 Feb 2023 House: Filed
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Wed, 15 Feb 2023 House: Filed
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Thu, 16 Feb 2023 House: Passed 1st Reading
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Thu, 16 Feb 2023 House: Passed 1st Reading
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Wed, 1 Mar 2023 House: Reptd Fav Com Substitute
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Wed, 1 Mar 2023 House: Reptd Fav Com Substitute
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Tue, 7 Mar 2023 House: Added to Calendar
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Tue, 7 Mar 2023 House: Reptd Fav
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Tue, 7 Mar 2023 House: Cal Pursuant Rule 36(b)
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Tue, 7 Mar 2023 House: Passed 2nd Reading
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Tue, 7 Mar 2023 House: Passed 3rd Reading
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Tue, 7 Mar 2023 House: Reptd Fav
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Tue, 7 Mar 2023 House: Cal Pursuant Rule 36(b)
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Tue, 7 Mar 2023 House: Added to Calendar
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Tue, 7 Mar 2023 House: Passed 2nd Reading
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Tue, 7 Mar 2023 House: Passed 3rd Reading
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Wed, 8 Mar 2023 House: Regular Message Sent To Senate
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Wed, 8 Mar 2023 Senate: Regular Message Received From House
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Wed, 8 Mar 2023 Senate: Passed 1st Reading
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Wed, 8 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 8 Mar 2023 House: Regular Message Sent To Senate
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Wed, 8 Mar 2023 Senate: Regular Message Received From House
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Wed, 8 Mar 2023 Senate: Passed 1st Reading
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Wed, 8 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 18 May 2023 Senate: Withdrawn From Com
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Thu, 18 May 2023 Senate: Withdrawn From Com
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Wed, 31 May 2023 Senate: Sequential Referral To Judiciary Added After Health Care
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Wed, 31 May 2023 Senate: Sequential Referral To Finance Added After Judiciary
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Wed, 31 May 2023 Senate: Sequential Referral To Judiciary Added After Health Care
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Wed, 31 May 2023 Senate: Sequential Referral To Finance Added After Judiciary
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Wed, 31 May 2023 Senate: Reptd Fav Com Substitute
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Wed, 31 May 2023 Senate: Com Substitute Adopted
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Wed, 31 May 2023 Senate: Re-ref Com On Judiciary
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Tue, 20 Jun 2023 Senate: Reptd Fav Com Substitute
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Tue, 20 Jun 2023 Senate: Com Substitute Adopted
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Tue, 20 Jun 2023 Senate: Re-ref Com On Finance
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Wed, 21 Jun 2023 Senate: Reptd Fav
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Wed, 21 Jun 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Tue, 27 Jun 2023 Senate: Reptd Fav
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Wed, 28 Jun 2023 Senate: Amend Adopted A1
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Wed, 28 Jun 2023 Senate: Passed 2nd Reading
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Wed, 28 Jun 2023 Senate: Passed 3rd Reading
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Wed, 28 Jun 2023 Senate: Engrossed
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Wed, 28 Jun 2023 Senate: Special Message Sent To House
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Wed, 28 Jun 2023 House: Special Message Received For Concurrence in S Com Sub
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Thu, 29 Jun 2023 House: Cal Pursuant 36(b)
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Thu, 29 Jun 2023 House: Placed On Cal For 07/12/2023
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Wed, 12 Jul 2023 House: Failed Concur In S Com Sub
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Wed, 12 Jul 2023 House: Conf Com Appointed
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Thu, 10 Aug 2023 Senate: Conf Com Appointed
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Thu, 21 Sep 2023 House: Conf Com Reported
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Thu, 21 Sep 2023 House: Added to Calendar
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Thu, 21 Sep 2023 House: Conf Report Adopted
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Fri, 22 Sep 2023 Senate: Conf Com Reported
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Fri, 22 Sep 2023 Senate: Placed on Today's Calendar
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Fri, 22 Sep 2023 Senate: Conf Report Adopted
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Fri, 22 Sep 2023 House: Ordered Enrolled
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Fri, 22 Sep 2023 House: Ratified
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Fri, 22 Sep 2023 House: Pres. To Gov. 9/22/2023
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Fri, 29 Sep 2023 House: Signed by Gov. 9/29/2023
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Mon, 2 Oct 2023 House: Ch. SL 2023-129
Bill Summaries:
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Bill H 125 (2023-2024)Summary date: Oct 2 2023 - View SummaryAlcoholic Beverage Control, Business and Commerce, Occupational Licensing, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Government, General Assembly, Public Safety and Emergency Management, State Agencies, Department of Health and Human Services, State Government, Executive, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Social Services, Child Welfare, Public Assistance, Military and Veteran's Affairs
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Bill H 125 (2023-2024)Summary date: Sep 22 2023 - View Summary
Conference report makes the following changes to the 5th edition.
Part I.
Changes the effective date of Part I from October 1, 2023, to February 1, 2024.Part II.
Deletes Part II of the act concerning the issuance of an internationally-trained physician employee license.
Part III.
Amends GS 93D-1 by amending the definition of the term fitting and selling hearing aids so that it includes authorizing or ordering the use of, or rental of, hearing aids, and no longer includes the rental, prescription, or order for the use of hearing aids.
Amends GS 93D-1.1 by including in the scope of practice of a hearing aid specialist ordering the use of, authorizing, fitting, and selling prescription hearing aids, as defined by the US FDA, without requiring a consumer to first obtain an order or authorization from another healthcare provider (was, prescribing, or ordering the use of, or fitting and selling hearing aids).
Part V.
Amends proposed GS 90-85.26B to vest authority and responsibility for disciplining dispensing optometrists who fail to comply with the provisions of the statute in both the NC Board of Pharmacy and the licensing board (was, licensing board) having jurisdiction over the dispensing optometrist. Adds that the licensing board having jurisdiction over the dispensing optometrist may discipline the optometrist's license to practice optometry.
Changes effective dates so that Section 5.1 becomes effective October 1, 2023, while Section 5.2 and Section 5.3 (concerning dispensing optometrists) of this act become effective March 1, 2024.
Part VII.
Requires the North Carolina Board of Nursing and the North Carolina Department of Health and Human Services (DHHS), Division of Health Service Regulation, to evaluate the federal requirements applicable to the Nurse Aide I education and training program and, to the extent consistent with the applicable federal requirements, develop a plan for the Board of Nursing to assume responsibility for and provide oversight of all nurse aide programs, regardless of nurse aide title, as individuals in these positions collaborate with nurses and other health care providers to deliver care across all health care settings (was, required the development of a plan to relocate the Nurse Aide I education and training program to the Board of Nursing). Requires a report by September 1, 2024, to the specified NCGA committee on the evaluation of the federal requirements applicable to the Nurse Aide I education and training program and, to the extent consistent with the applicable federal requirements, a plan for the Board of Nursing to assume responsibility for it, a transition time line, and recommendations for statutory changes necessary to transition the Nurse Aide I education and training program from the Department to the Board of Nursing, if appropriate.
Part VIII.
Amends proposed GS 131E-88, law enforcement officers required in emergency departments, as follows. Removes from the definition of law enforcement officer an armed security guard with a valid firearm registration permit. Now requires each licensed hospital that has an emergency department to conduct a security risk assessment and develop and implement a security plan with protocols to ensure that at least one law enforcement officer is present at all times, except when temporarily required to leave in connection with the discharge of their duties, in the emergency department or on the same campus as the emergency department (unless the hospital in good faith determines that a different level of security is necessary and appropriate for any of its emergency departments based upon findings in the security risk assessment). Sets out five components that must be included in the security plan. Sets out requirements of the security plan when a hospital determines that a different level of security is necessary and appropriate. Requires the Department of Health and Human Services to have access to all security plans for hospitals with an emergency department and maintain a list of those hospitals with a security plan.
Amends GS 131E-88.2 as follows. Changes the due date of the collection of data from hospitals about assaults, incidents where patient behavioral health and substance use issues resulted in violence, and workplace violence from September 1 to October 1. Now requires DHHS to compile the information from hospitals and share it with the North Carolina Sheriffs' Association, the North Carolina Association of Chiefs of Police, and the North Carolina Emergency Management Association. Requires DHHS to request that these organizations examine the data and make recommendations to decrease the incidences of violence in hospitals and to decrease assaults on hospital personnel. Clarifies that the first data collection must occur on or before September 1, 2025.
Deletes the proposed changes to GS 95-260, GS 95-269, and proposed new GS 95-269A (violation of order issued upon request of a hospital).
Amends GS 14-34.6 to now make it a Class I felony to commit an assault or affray causing physical injury on the following who are discharging (or attempting to discharge) their official duties: hospital employee, medical practice employee, licensed health care provider, or individual under contract to provide services at a hospital or medical practice (was, hospital employee, licensed health care provider, or individual under contract to provide services at a hospital).
Further amends GS 15A-1340.16 by adding as an aggravating factor the defendant committed the offense on the property of a medical practice, defined as a professional corporation organized under or subject to GS Chapter 55B and registered with the North Carolina Medical Board.
Part IX.
Deletes Part IX concerning modernizing and expanding physician-pharmacist collaborative practice.
Part X.
Amends GS 131E-158 by requiring that the flexibilities permitted under (a1)(1) and (2) (changes allowed to ambulance transportation of patients in a state of emergency) not apply to Non-Emergency Medical Transportation (NEMT) services through May 11, 2024 (was, the North Carolina Office of Emergency Medical Services must continue the emergency waiver flexibilities under (a1)(1) and (2) for 12 months following the expiration of the Public Health Emergency). Requires the DHHS, Division of Health Service Regulation, to work with NEMT stakeholders to develop a permanent plan regarding staffing as included in the waiver.
Adds the following new content.
Part XII.
Amends GS 90-292 to include protection of the public from unqualified persons to the State's declared policy concerning licensing audiologists and speech and language pathologists.
Modifies and adds to the defined terms set out in GS 90-293. Now defines audiologist to mean any person who is qualified by education, training, and clinical experience and is licensed under Article 22 to engage in the practice of audiology (was more generally any person who engages in the practice of audiology). Adds that an audiologist is an independent hearing health care practitioner providing services in hospitals, clinics, schools, private practices, and other settings in which audiologic services are relevant. Expands on the services a person offers that deem the person to be or hold him or herself out to be an audiologist, including hearing aid audiologist and hearing specialist. Adds that an association, company, or trust is included in the defined term person, and that any reference to a licensed person means a natural, individual person. Replaces the definition given for the practice of audiology, now defining the term to mean the application of principles, methods, and procedures not including non-auditory and non-vestibular testing or writing prescriptions for pharmaceutical agents or surgery, and gives a nonexhaustive list of 19 areas of audiology practice. Expands the practice of speech and language pathology to include evaluation, treatment, and instruction related to the development and disorders of communication and cognitive-communication. Makes technical changes.
Makes organizational and technical changes to GS 90-294 regarding the exclusion of individuals licensed to fit and sell hearing aids under GS Chapter 93D from the scope of the Article 22. Also excludes from the Article the selling of over-the-counter hearing aids. Amends the exclusion of (1) students or trainees who are students or working in a training center program and (2) nurses or other certified technicians trained to perform audiometric screening tests and whose work is supervised by a physician or audiologist, to specify that the exclusion applies if the student, trainee, or nurse is not registered with the Board of Examiners for Speech and Language Pathologists and Audiologists (Board) as an assistant. Makes further technical changes. Specifies that the provisions of Article 22 do not apply to the selling of over-the-counter hearing aids; provides that the sale of an over-the-counter hearing aid is solely a financial transaction and without additional services does not constitute treatment by an audiologist.
Enacts GS 90-294A to authorize licensed audiologists to treat minors by administering nonmedical audiologic services. Specifies that only individuals licensed to practice medicine or working under the supervision of such an individual, or a person licensed under this Article, can make an assessment of a minor for hearing impairment treatment or manage hearing rehabilitative services for a minor for hearing impairment. Authorizes licensed audiologists to provide clinical treatment, home intervention, family support, case management, and other audiologic services to minors. Further authorizes audiologists to participate in the development of individualized educational programs and consult on individual classroom matters. Authorizes audiologists to administer hearing screening programs in school and train and supervise nonaudiologists performing hearing screening in an educational setting. Specifies that over-the-counter hearing aids are not appropriate for individuals under age 18 and do not apply to this statute.
Amends GS 90-295 to remove the specific hour requirements for certain areas in meeting the clinical experience hours required for permanent licensure as a speech and language pathologist; maintains the 400 hour minimum clinical hour requirement. Also amends the licensure requirements to require the applicant to present written evidence of nine months of full-time professional experience in which clinical work (was, bona fide clinical work) has been accomplished in speech and language pathology.
Amends GS 90-298.1 by amending the requirements for a licensed speech and language pathologist or audiologist to register an assistant to also require that the registration fee be remitted to the Board before the assistant can be registered.
Amends GS 90-299 to also require a person registered with the Board to give the Board written notification of the address of where the person engages in practice. Makes conforming changes to the statute's record keeping and notice requirements. Makes language gender neutral.
Amends GS 90-301 to make the grounds for suspension or revocation of a license under the Article also applicable to persons registered under the Article. Makes conforming changes and makes language gender neutral.
Amends GS 90-303 by removing outdated language related to the Board's membership.
Amends GS 90-304 by amending the Board's powers and duties to require providing a list (was, provide an annual list) stating the names of persons currently licensed under the Article; adds the requirement that the list be provided on the Board's website.
Amends GS 90-305 to make the listed fees also applicable to registered individuals.
Amends GS 90-306 by making a clarifying change.
Makes the above changes effective January 1, 2024.
Allows the Board of Examiners for Speech and Language Pathologists and Audiologists to adopt temporary rules to implement the act.
Part XV.
Requires the following of the new Healthcare Common Procedure Coding System (HCPCS) procedure code G0330, which was adopted by DHB as of January 1, 2023, and incorporated into the Medicaid Clinical Coverage Policy 4A: Dental Services: (1) DHB must not reimburse ambulatory surgical centers based solely on the length of the procedure and requires reimbursement, as of July 1, 2023, so that services billed under procedure code G0330 are reimbursed at 95% of the total payment rate listed on the Medicare Part B Hospital Outpatient Prospective Payment System (OPPS), in effect as of January 1, 2023, and requires the rates to be updated annually starting January 1, 2024, so that services are reimbursed at 95% of the Medicare Part B OPPS payment rate, in effect as of January 1, for that procedure code and (2) all standard benefit plans and BH IDD tailored plans must be required to cover procedures billed under procedure code G0330.
Part XVI.
Defines bar under GS 130A-247 to mean establishment with a permit to sell alcoholic beverages pursuant to subdivision (1), (3), (5), or (10) of GS 18B-1001 and that does not prepare or serve food other than beverage garnishes, ice, or food that does not require time or temperature control for safety and that is in an unopened original commercial package, except for food used as a beverage garnish. Makes conforming changes to GS 130A-250-(1).
Makes conforming changes to the act’s long title.
Alcoholic Beverage Control, Business and Commerce, Occupational Licensing, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Criminal Justice, Criminal Law and Procedure, Government, General Assembly, Public Safety and Emergency Management, State Agencies, Department of Health and Human Services, State Government, Executive, Health and Human Services, Health, Health Care Facilities and Providers, Health Insurance, Social Services, Child Welfare, Public Assistance, Military and Veteran's Affairs
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Bill H 125 (2023-2024)Summary date: Sep 21 2023 - View Summary
Conference report to be summarized.
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Bill H 125 (2023-2024)Summary date: Jun 28 2023 - View Summary
Senate amendment to the 4th edition makes the following changes.
Section 2.1
Amends new GS 90-12.03 (international-trained physician employee license) as follows. Amends the rural practice supervising physician requirement to to require that the applicant’s supervising physician be physically practicing on-site at the rural medical practice. Requires the NC Medical Board (Board) to adopt rules pertaining to adequate supervision of internationally-trained physicians. Amends the medical education requirement to specify that the applicant must have previously completed 130 weeks of medical education at a qualifying medical school and and is eligible to be certified by the Educational Commission for Foreign Medical Graduates. Clarifies that the applicant must have actively practiced medicine (was, just practiced medicine) in their country of licensure for at least ten years after graduation.
Expands the ways an internationally-trained physician employee license can become inactive by adding when the holder ceases to be employed at a medical practice located in a rural county or who practices without supervision by a physician licensed by the State of North Carolina who is physically practicing on site at the medical practice as one of the listed ways the license become inactive.
Section 5.1
Amends new GS 90-127.4 (dispensing optometrists) to now require an optometrist (previously only authorized) to register with the NC Board of Pharmacy to dispense certain drugs.
Business and Commerce, Occupational Licensing, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Criminal Justice, Criminal Law and Procedure, Government, General Assembly, Public Safety and Emergency Management, State Government, Executive, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare, Military and Veteran's Affairs
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Bill H 125 (2023-2024)Summary date: Jun 20 2023 - View Summary
Senate committee substitute to the 3rd edition makes the following changes.
Part II.
Section 2.1(a).
Amends GS 90-12.03 (providing for internationally-trained physician employee licenses [was, internationally-trained hospital physician employee licenses]), as follows. Changes the rural county population requirements from a population of 500 people per square mile to a population of less than 500 people per square mile. Clarifies that an applicant must have a current and active license in good standing to practice medicine in a foreign country (was, be presently licensed to practice medicine in a foreign country). Specifies that the applicant must have completed medical education at a medical school listed in the World Directory of Medical Schools (was, completed medical school and postgraduate training that is substantially similar to State requirements) and must also meet one of two listed requirements: (1) completion of two years of post-graduate training in a medical education program accredited by an agency with the World Federation for Medical Education Recognition Status after graduation from medical school or (2) the applicant has practiced medicine in their country of licensure for at least ten years after graduation. Applicant must now also demonstrate competency in at least one of four listed ways, or, allows the NC Board of Medicine (Board) to waive those requirements and issue a temporary license and require the applicant to successfully pass the Special Purpose Examination (SPEX) or Post-Licensure Assessment Systems within one year. Expands requirement pertaining to disciplinary status of applicant’s foreign license to include determination on whether the applicant has had a license revoked, suspended, restricted, denied, or otherwise acted against in any jurisdiction and is the subject of no pending investigation, including voluntary relinquishment of a license in anticipation of or in response to disciplinary action (was, just not subject to disciplinary action). Requires that the applicant not have any convictions in any court involving moral turpitude, or the violation of a law involving the practice of medicine, or a conviction of a law substantially equivalent to a felony. Requires that the applicant submit a background screening from the country where they are licensed to the Board. Now requires that the holder of the license not practice medicine or surgery outside of the confines of the NC hospital or rural medicine practice, or its affiliate, by whose employment the holder was qualified to be issued the license pursuant to GS 90-12.03(a) (was, just can’t practice medicine outside the confines of the hospital/rural practice or its affiliates). Makes conforming changes. Makes a clarifying change to the effective date.
Part III.
Section 3.1(c).
Amends GS 93D-2 to specify that the provisions of the Chapter (was, Article) do not apply to the sale of over-the-counter hearing aids.
Part IX.
Section 9.1.
Amends GS 90-18(c) (list of actions that do not constitute practicing medicine or surgery under Article 1, Practice of Medicine) as follows. Amends subdivision (3a) to now exclude the provision of health care services by a licensed pharmacist under a collaborative practice agreement with at least one physician performed pursuant to rules developed by a joint subcommittee of the Medical Board and Board of Pharmacy (collectively, Boards) and approved by both Boards (currently, excludes the provision of drug therapy management by a licensed pharmacist engaged in the practice of pharmacy pursuant to an agreement that is physician, pharmacist, patient, and disease specified when performed pursuant to rules approved by the Boards). Defines healthcare services as medical tasks, acts, or functions authorized through written agreement by a physician and delegated to a pharmacist for the purpose of providing drug therapy, disease, or population health management for patients.
Amends GS 90-18.4 (limitations on clinical pharmacist practitioners), to eliminate references to drug therapy management. Provides that physicians can authorize clinical pharmacist practitioners to provide healthcare services so long as the Boards have adopted rules governing the approval of individual practitioners, the practitioner has current approval from both Boards, and the Medical Board has assigned an identification number to the practitioner that is shown on written prescriptions. Eliminates limitations relating to practitioners' prescription substitutions and authority to order medication and tests. Deems orders written by a clinical pharmacist practitioner for medications, tests, or other devices to have been authorized by the supervising physician, with the supervising physician responsible for authorizing the order, and authorizes registered nurses, licensed practical nurses, and pharmacists to perform the order in the same manner as if the order were received from a licensed physician. Authorizes institutional and group practices to implement site-specific, multi-provider collaborative practice agreement for the care of their patients. Requires the institution or group practice to develop an oversight policy and requires evaluation of the practitioners engaged in the agreement by an appointed supervising physician. Lists six requirements that apply to clinical pharmacist practitioners and supervising physicians engaging in collaborative practice, including (1) requiring a clinical pharmacist practitioner to have a site-specific supervising physician, (2) requiring the supervising physician to conduct periodic review and evaluation of the health care services provided by the clinical pharmacist practitioner, (3) allowing a physician to supervise any number of clinical pharmacist technicians as the supervising physician deems can be safely and effectively supervised, (4) requiring delegated health care services to be included in the written agreement between the supervising physician and the clinical pharmacist practitioner, (5) allowing a supervising physician to include a statement of authorization in the written agreement to allow the clinical pharmacist practitioner to conduct drug substitutions as specified, and (6) allowing supervising physicians to add other advanced practice providers that they supervise to the collaborative practice agreement. Allows for the healthcare settling location of health care services provided by the clinical pharmacist practitioner to be fully or partially embedded for a site-specific practice. Requires the supervising physician to determine the setting location and include the location in the site-specific collaborative practice agreement.
Amends the definition of clinical pharmacist practitioner in GS 90-85.3 to include authorization to perform medical acts, tasks, and functions for drug therapy, disease, or population health management agreements with physicians pursuant to GS 90-18.4, as amended.
Authorizes the Boards to adopt temporary rules to implement Section 9.1.
Section 9.2(a).
Enacts GS 58-50-296 to require health benefit plans offered by insurers to cover services provided by a pharmacist if (1) the service or procedure was performed within the pharmacist's licensed scope of practice and (2) the plan would have covered the service if the service or procedure was performed by another healthcare provider. Requires insurers offering a health benefit plan that delegate credentialing agreements to contracted healthcare facilities to accept credentialing for pharmacists employed or contracted with those facilities. Bars an insurer from penalizing an insured or subject an insured to an out-of-network benefit level offered under the insured’s approved health benefit plan unless contracting health care providers able to meet health needs of the insured are reasonably available to the insured without unreasonable delay. Prohibits participation of a pharmacy in a drug benefit provider network of an insurer offering a health benefit plan from satisfying any requirement that insurers offering health benefit plans include pharmacists in medical benefit provider networks. Includes agents of an insurer offering a health benefit plan, and third-party administrators. Effective October 1, 2023, and applies to contracts entered into, renewed, or amended on or after that date.
Part X.
Amends GS 131E-158 (pertaining to credentialing of ambulance personnel) to permit the NC Office of Emergency Medical Services to continue the emergency waive flexibilities permitted under the statute for twelve months following the expiration of the Public Health Emergency. Effective when the act becomes law and expires May 11, 2024.
Makes technical, clarifying, and organizational changes. Makes conforming changes to the act’s long title.
Business and Commerce, Occupational Licensing, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Criminal Justice, Criminal Law and Procedure, Government, General Assembly, Public Safety and Emergency Management, State Government, Executive, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare, Military and Veteran's Affairs
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Bill H 125 (2023-2024)Summary date: May 31 2023 - View Summary
Senate committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.
Part I.
Enacts GS 90-12.02 (establishing a physician and physician assistant military relocation license for military service members and spouses) authorizing the issuance of military relocation licenses to a physician or physician assistant who is not actively licensed by the NC Board of Medicine (Board) to practice as a physician or physician assistant if five listed requirements are met including that they are a servicemember or the spouse of a service member in the US Armed Forces, resides in the State pursuant to military orders for military service, and holds a license in another jurisdiction that has licensing requirements substantially similar to or exceeds the licensure requirements of the State. Specifies that the military relocation license will remain active for the duration of military orders for military service in the State and upon completion of annual registration. Specifies that the license becomes inactive when the any of the following occur: (1) the license holder relocates pursuant to military orders to reside in another state; (2) the military orders for service in this State expire; or (3) the servicemember separates from military service. Provides for notification to the Board upon events that render a license inactive. Allows for a military license to become a full license by completing an application for full licensure. Requires the Board to waive the application fee if the application is submitted within one year of the issuance of the military relocation license. Permits the Board to impose additional requirements by rule.
Makes conforming changes to GS 90-13.1 (license fees) to account for new GS 90-12.02 and GS 90-12.03 (discussed below).
Effective October 1, 2023.
Part II.
Enacts GS 90-12.03 (internationally-trained hospital physician employee license [International License]) authorizing the Board to issue an International License to a physician if eight listed requirements are met, including: (1) the applicant has been offered employment as a physician in a full-time capacity at (i) a hospital that is located in North Carolina, licensed by the State of North Carolina, and accredited by the Joint Commission or (ii) a medical practice located in a rural county with a population of 500 people per square mile, in North Carolina, and will be supervised by a physician licensed by the State of North Carolina; (2) the applicant is presently licensed to practice medicine in a foreign country or had such license expire no more than five years prior to submission of an application to the Board; (3) the applicant previously completed medical school and postgraduate training substantially similar to the State’s requirements for licensure; (4) the applicant is not subject to disciplinary order or other action by any medical licensing agency in any state or other jurisdiction.
Prevents a holder of the International License from practicing medicine or surgery outside the confines of the North Carolina hospital or its affiliates; establishes a Class 3 misdemeanor if the holder breaks that rule. Specifies upon conviction, the holder will be fined not more than $500 for each offense. The Board, at its discretion, may revoke the International License after due notice is given to the holder. Specifies that an International License becomes inactive at the time the holder does one of the following: (1) ceases to be employed in a full-time capacity by a North Carolina hospital or (2) obtains any other license to practice medicine issued by the Board. Specifies that the Board will retain jurisdiction over the holder of the inactive license.
Effective October 1, 2023.
Authorizes the Board to adopt rules necessary to issue an International License. Permits the Board to adopt a rule establishing a time limit for the term of an International License.
Part III.
Amends GS 93D-1 (definitions pertaining to the NC Hearing Aid Dealers and Fitters Board [HADF Board]) as follows. Expands the scope of fitting and selling hearing aids to include sales, rentals, prescriptions or orders for use of hearing aids. Defines over-the-counter hearing aid by cross reference to 21 CFR 800.30(b) (FDA regulations on medical devices). Makes technical changes. Expands the scope of practice of a hearing aid specialist to include prescribing or ordering the use of hearing aids, in addition to other acts related to hearing aids. Specifies that the provisions of the article do not apply to over-the-counter hearing aids.
Part IV.
Amends the definition of certifying entity in GS 90-732(4) as it applies in Article 43 (Behavior Analyst Licensure) to include the Qualified Applied Behavior Analysis Credentialing Board, in addition to the already-existing Behavior Analyst Certification Board, Inc. Includes the successors for both of these certifying entities.
Part V.
Amends GS 90-118.10 by amending the State's policy related to renewal of optometry licenses, so that all licenses, primary and branch (was, licenses), issued by the NC State Board of Examiners in Optometry (Board) are subject to annual renewal and the exercise of any privilege granted by the license is subject to the issuance of a certificate of renewal of license. Changes the date of the issuance of the renewal to on or before December 31 (was first day of January of each year). Makes conforming changes. Requires applicants for renewal to include their practice's street address in their renewal application. Changes the date of the application deadline from January 31 to January 1; changes the date by which a person who fails to apply for renewal is considered to be guilty of unauthorized practice of optometry from March 31 to January 31. Adds that if the inactive license is not renewed by December 31 of that year, then the license expires and is not eligible for renewal.
Amends GS 90-123 as follows. Increases the following fees: application for general optometry license (was, exam), general optometry license renewal, and duplicate application for a branch office license or renewal (was, duplicate license or renewal) for each branch office. Adds fees for provisional license and renewal of a provisional license. Removes fees for certificate of license to a resident optometrist desiring to change to another state or territory, license to a practitioner of another state or territory to practice in North Carolina, and license to resume practice issued to an optometrist who has retired or who has left and returned to the state.
Amends GS 90-121.2 as follows. Amends the conditions under which the Board may take disciplinary action by: (1) removing instances when the licensee is mentally, emotionally, or physically unfit to practice optometry or is afflicted with such a physical or mental disability as to be deemed dangerous to the health and welfare of their patients and (2) adding instances when a licensee is unable to practice optometry with reasonable skill and safety by reason of abuse of alcohol, drugs, chemicals, or any other type of substance, or by reason of any physical or mental illness, abnormality, or other limiting condition. Adds that the Board may order an applicant or licensee to submit to a mental or physical examination while a licensing application is pending, or before or after charges may be presented against the applicant or licensee. Allows results of the exam to be admissible in evidence in a hearing before the Board. Makes conforming changes. Makes failure to comply unprofessional conduct.
Amends GS 90-121.6 by adding that reports licensed optometrists or those applying for licensure must make to the Board concerning medical malpractice must be made within 30 days of occurrence. Adds a provision setting out allowable methods for submitting these reports to the Board. Adds that failure to make these required reports is unprofessional conduct and grounds for discipline.
Enacts new GS 90-121.7 imposing on licensees a duty to report within 30 days any incidents the licensee reasonably believes to have occurred involving: (1) sexual misconduct of any person licensed by the Board with a patient and (2) fraudulent prescribing, drug diversion, or theft of any controlled substances by another person licensed by the Board. Failure to report is unprofessional conduct and grounds for discipline. Provides immunity from civil liability for those reporting in good faith and without fraud or malice. Reports made in bad faith, fraudulently, or maliciously are unprofessional conduct and grounds for discipline. Sets out the methods by which the reports can be submitted to the Board.
Amends GS 90-127.3 to require when giving patients that have received an eye exam a copy of their spectacle prescription that it be consistent with Federal Trade Commission rules and guidelines.
Enacts new GS 90-127.4 allowing an optometrist to register with the NC Board of Pharmacy to dispense drugs, limited to drugs for the diagnosis and treatment of abnormal conditions of the eye and its adnexa. Limits such dispensing to legend or prescription drugs to their own patients. Requires paying the dispensing fee and complying with the dispensing registration process. Requires registration with the NC Board of Pharmacy and the Board as well as compliance with all rules governing dispensing of drugs under this statute.
Enacts new GS 90-85.26B requiring dispensing optometrists dispensing prescription drugs to register annually with the Board and with the licensing board with jurisdiction over the dispensing optometrist. Requires dispensing to comply with laws and regulations applicable to pharmacists governing the distribution of drugs, including packaging, labeling, and record keeping. Discipline authority is vested in the licensing board having jurisdiction over the dispensing optometrist.
Amends GS 90-85.25 to allow the NC Board of Pharmacy to charge dispensing optometrists an annual registration fee and a reinstatement of registration fee, both set at $75.
Effective October 1, 2023.
Requires the Board and NC Board of Pharmacy to adopt rules to implement the changes set forth above.
Part VII.
Requires the Board of Nursing (Nursing Board) and the Department of Health and Human Services (DHHS), Division of Health Service Regulation (Division), to develop a plan to relocate the Nurse Aide I education and training program to the Nursing Board. Requires the relocation plan to ensure a seamless transition and ensure the program continues to meet federal requirements. Requires DHHS to continue to maintain the registries required by Article 15 of GS Chapter 131E. On or before February 1, 2024, requires DHHS and the Nursing Board to provide a report to the specified NCGA committee that must contain a relocation plan, a transition time line, and recommendations for statutory changes necessary to transition the Nurse Aide I education and training program from DHHS to the Nursing Board.
Part VIII.
Adds new Part 3A, Hospital Violence Prevention Act, in Article 5 of GS Chapter 131E, providing as follows. Defines law enforcement officer as a sworn law enforcement officer, a special police officer, or a campus police officer authorized to carry a firearm, or an armed security guard with a valid firearm registration permit. Requires licensed hospitals that have an emergency department to conduct a security risk assessment and to implement a security plan. Exempts hospitals that are not an academic medical center teaching hospital that are located in a county with less than 300,000 residents based on the 2020 census, upon the hospital’s good faith determination that a different level of security is necessary and appropriate for any of its emergency departments based on its security risk assessment from the requirement to have at least one law enforcement present at all times in the emergency department or on the same campus as the emergency department. Requires those hospitals to develop a security risk plan and allow DHHS access to the security risk assessment and plan along with the county emergency management director, county sheriff, and municipal police chief, if applicable. Provides for notice.
Requires all other hospital to use the results of the security assessment to develop a security plan with protocols to ensure at least one law enforcement officer is always present in the emergency department or on the same campus as the emergency department. Requires those hospitals to allow DHHS access to the security risk assessment and plan. Lists five requirements for the security plan, including: (1) training for law enforcement officers employed by the hospital that is appropriate for the populations served by the emergency department; (2) training for law enforcement officers employed by the hospital that is based on a trauma-informed approach to identifying and safely addressing situations involving patients, family members, or other persons who pose a risk of harm to themselves or others due to mental illness or substance use disorder or who are experiencing a mental health crisis; (3) safety protocols based on national standards and evaluated risks; (4) safety protocols that include the presence of at least one law enforcement officer in the emergency department or on the same campus as the emergency department at all times; and (5) training requirements for law enforcement officers employed by the hospital in the potential use of and response to weapons, defensive tactics, de-escalation techniques, appropriate physical restraint and seclusion techniques, crisis intervention, and trauma-informed approaches.
Requires DHHS to have access to all security plans for hospitals with an emergency department and to maintain a list of those hospitals with a security plan. Requires every hospital with an emergency department to provide appropriate hospital workplace violence prevention program training, education, and resources to staff, practitioners, and non-law enforcement officer security personnel. Specifies that a hospital security risk assessment and security plan are not public records under State public records law.
Enacts GS 131E-88.2, as follows. Requires the Division to annually collect the following data from hospitals for the preceding calendar year: (1) the number of assaults occurring in the hospital or on hospital grounds that required the involvement of law enforcement, whether the assaults involved hospital personnel, and how those assaults were pursued by the hospital and processed by the judicial system, (2) the number and impact of incidences where patient behavioral health and substance use issues resulted in violence in the hospital and the number that occurred specifically in the emergency department, and (3) the number of workplace violence incidences occurring at the hospital that were reported as required by accrediting agencies, the Occupational Safety and Health Administration, and other entities, by September 1 of each year. Requires DHHS to examine data from those hospitals with emergency departments that developed the security plans discussed above. Specifies that the first reports on these matters are due on or before September 1, 2025. Requires DHHS to compile the report information required by GS 131E-88.2, including any recommendations to decrease the incidents of violence in hospitals and to decrease assaults on hospital personal, and to report this information to the specified NCGA committee by December 1 of each year. Specifies that the first of these reports is due on or before December 1, 2025.
Enacts GS 131E-88.3 which requires the Administrative Office of the Courts (AOC) to report annually by September 1, to the Division on the number of persons charged or convicted in the previous year under GS 14-34.6 (assault or affray on a firefighter, emergency medical technician, medical responder, and hospital personnel). Effective October 1, 2024, with the first report due October 1, 2025. Sunsets October 30, 2030.
Effective October 1, 2024.
Requires DHHS, by October 1, 2023, to notify all licensed hospitals of these requirements, including reporting requirements.
Amends the definitions in GS 95-260 pertaining to workplace violence prevention to include hospital. Enacts new GS 95-269A (violation of order issued upon request of hospital) establishing that a person who knowingly violates a valid protective order issued upon the request of a hospital pursuant is guilty of a Class A1 misdemeanor for a first offense. Specifies that, unless covered under some other provision of law providing greater punishment, any person who knowingly violates a valid protective order, after having been previously convicted of two offenses under Article 23 of GS Chapter 95, is guilty of a Class H felony. Provides that unless covered under some other provision of law providing greater punishment, any person who, while in possession of a deadly weapon on or about his or her person or within close proximity to his or her person, knowingly violates a valid protective by failing to stay away from a place, or a person, as so directed under the terms of the order, is guilty of a Class H felony. Requires law enforcement to arrest and take a person into custody if they have probable cause to believe that the person knowingly has violated a valid protective order issued upon the request of a hospital.
Unless covered under some other provision of law providing greater punishment, specifies that a person who commits a felony at a time when the person knows the behavior is prohibited by a valid protective order is guilty of a felony one class higher than the principal felony described in the charging document. Exempts convictions of a Class A or B1 felony or to repeat offender/deadly weapon convictions of the offenses set forth above. Sets forth pleading rules for indictments and required findings. Specifies that valid protective orders include emergency or ex parte orders. Provides that it is not a violation of a protective order issued upon the request of a hospital for any person subject to the protective order to enter that hospital seeking treatment for an emergency medical condition. Makes conforming changes. Effective December 1, 2023, and applies to offenses committed on or after that date.
Expands the type of hospital workers covered under GS 14-34.6 (assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel) to include hospital employees, licensed healthcare providers, or individuals under contract to provide services at a hospital (currently, hospital personnel and licensed healthcare providers providing or attempting to provide services to a patient). Upgrades the felony to a Class D felony if the person uses a firearm (currently, Class E felony) and to a Class F felony if they inflict bodily injury or use a deadly weapon other than a firearm (currently Class G felony). Amends GS 14-16.6 (assault on executive, legislative or court officer) to upgrade the felony to a Class E (was, Class F) felony if the person inflicts serious bodily injury. Amends the definition of court officer under GS 14-16.10 to include individuals contracted by a county department of county services and no longer requires the listed individuals to be performing service in proceedings under Subchapter I of GS Chapter 7B. Effective December 1, 2023, and applies to offenses committed on or after that date.
Amends GS 15A-1340.16 (aggravated and mitigating sentences) to expand list of aggravating factors to include if the offense was committed on the property of a hospital. Effective December 1, 2023, and applies to offenses committed on or after that date.
Makes organizational changes and conforming changes to act's long and short titles.
Business and Commerce, Occupational Licensing, Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Criminal Justice, Criminal Law and Procedure, Government, General Assembly, Public Safety and Emergency Management, State Government, Executive, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare, Military and Veteran's Affairs
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Bill H 125 (2023-2024)Summary date: Mar 1 2023 - View Summary
House Committee substitute to the 1st edition makes the following changes. Under the 1st edition of the bill, Article 5A does not apply when the infant is not reasonably believed to be under seven days old. Removes this language and changes the exclusion to when “a surrendered infant is reasonably believed to be more than seven days old.” Changes the age of the infant from “under” seven days old to “not more than” seven days old throughout the Article, in GS 7B-101, GS 14-318.2, GS 14-318.4, and GS 14-322.3. Changes the age of the infant from “less than seven days of age” to “not more” than seven days of age in GS 14-322.3. Makes technical changes to GS 7B-1105.1 to change references from juvenile to infant.
Makes reorganizational changes.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Government, Public Safety and Emergency Management, State Agencies, UNC System, Department of Health and Human Services, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare
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Bill H 125 (2023-2024)Summary date: Feb 15 2023 - View Summary
Enacts Article 5A, Safe Surrender of Infants, to GS Chapter 7B. States the Article's purpose and scope, limiting the scope exclusively to safely surrendered infants, defined to mean an infant reasonably believed to be under seven days of age and without signs of abuse or neglect who is voluntarily delivered to an individual pursuant to new Article 5A by the infant's parent who does not express an intent to return for the infant, as enacted in GS 7B-101. Explicitly excludes from the Article's scope surrendered infants not reasonably believed to be seven days old, infants that show signs of abuse or neglect, when there's reasonable belief that the surrendering individual was not the infant's parent, or when there was reason to believe the parent intended to return for the infant at the time of surrender.
Creates a duty for the following individuals to take temporary custody of an infant reasonably believed to be under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant: a health care provider on duty or at a hospital or at a local or district health department or a nonprofit community center; a first responder; and a social services worker on duty or at a local department of social services. Does not require a court order. Details duties of the individual taking temporary custody of the surrendered infant, including immediately notifying the department of social services of the county. Allows the individual to inquire about personal information of the parents or the child so long as the individual discloses that the parent is not required to provide the information. Requires the individual to provide the surrendering parent information created by the Department of Health and Human Services (DHHS), Division of Social Services (DSS) regarding the surrender of infants and parental rights. Grants full immunity to individuals to whom an infant is surrendered, less conduct that constitutes gross negligence, wanton conduct, or intentional wrongdoing.
Details confidentiality requirements for the surrendering parent's identity. Requires the individual taking an infant into temporary custody to provide any personal information obtained about the infant or the infant's parents and the circumstances of surrender to the director of the department of social services (dss director), which may only be disclosed to local law enforcement to determine if the infant is a missing child, contact with the non-surrendering parent, or as ordered by a court. Identifies authorized disclosure of the information by the dss director, including to a health care provider, placement provider, agencies involved in adoption placement, court, and guardian ad litem. Deems the confidentiality provisions do not apply if dss determines the juvenile is not a safely surrendered infant or is the victim of a crime.
Deems the dss director to have the surrendering parents' rights to legal and physical custody of the infant without obtaining a court order. Authorizes dss to apply ex parte after properly published notice for a district court order finding that the infant has been safely surrendered and confirming dss has the surrendering parent's right to custody for purposes of obtaining certified identifying documents of the child or benefits for the minor. Enumerates seven duties of the dss director, including verifying the infant's age and that there are no signs of abuse or neglect (with treatment as a juvenile who has been reported to be an abused, neglected, or dependent juvenile if the infant is found to be over seven days old or has signs of abuse or neglect); notifying law enforcement to investigate whether the infant is a missing child; contacting the non-surrendering parent if known; arrange genetic testing if there is uncertainty and a parent seeks custody; and initiate a termination of parental rights for the surrendering parent after 60 days of surrender if the surrendering parent has not sought custody and the infant has not been placed with the non-surrendering parent. Sets out procedures to be followed when the dss director determines that the infant's legal residence is in another county. Establishes three criteria for the infant to be placed with the non-surrendering parent. Provides for treating the juvenile as if reported of abuse, neglect or dependency if the known non-surrendering parent is suspected to have created such circumstances; bars the surrendering parent from being party to the dss assessment or a petition filed under GS 7B-302.
Sets extensive requirements for the dss director to publish notice in a qualified newspaper within 14 days from the date of surrender that an infant has been surrendered and taken into dss custody. Requires the notice to be published once a week for three successive weeks. Details content requirements. Requires the publisher to file an affidavit at the preliminary hearing for termination of parental rights for the safely surrendered infant, if commenced.
Provides for the surrendering parent's right to seek custody prior to the filing of a termination of parental rights petition; requires the dss director to treat such a request as a report of neglect and comply with the provisions of GS 7B-302. Specifies a surrendering parent can execute relinquishment of their parental rights for adoption. Provides for immunity under GS 14-322.3 for the surrendering parent. Directs DSS to create information about infant safe surrender and parental rights, which must be posted on its website and available for distribution to agencies where individuals who may receive surrendered infants are on duty, and other agencies upon request. Details required content. Directs DSS to create a printable and downloadable medical history form that is optional for surrendering parents, that includes instructions on completion and return.
Amends GS 7B-101 to exclude safely surrendered infants from the defined term neglected juvenile. Adds non-surrendering parent and surrendering parent to the defined terms.
Enacts GS 7B-1105.1 to establish parameters for a preliminary hearing regarding a safely surrendered infant. Requires a preliminary hearing within 10 days of filing of a petition to terminate parental rights of the surrendering or non-surrendering parent, or during the next term of court if no court is held in that county during that period. Provides for a closed hearing unless the surrendering parent appears and requests for the hearing to be open. Provides for the purpose of the hearing and the court's required inquiries of the dss director. Directs the court to determine whether any diligent efforts are required to identify or locate the surrendering parent, and specifies the required efforts of dss and required service. Provides for service of the non-surrendering parent. Requires the court to order service by publication and specify notice content, meeting enumerated requirements. Requires an affidavit of the publisher to be filed upon completion of the service by publication. Requires the court to issue the order within 30 days of the hearing unless additional time is needed for investigation. Specifies that no summons is required for a parent who is served by publication.
Amends GS 7B-1111 to exclude from the grounds warranting a court to terminate parental rights upon finding the parental rights of the parent has been terminated involuntarily with respect to another child of the parent, instances when the parent's parental rights were terminated as a result of the other child being a safely surrendered infant.
Makes conforming changes to GS 7B-401.1 (regarding when a parent cannot be a party to a abuse, neglect, dependency proceeding); GS 7B-500 (repealing existing law regarding taking temporary custody of a safely surrendered infant); GS 7B-501 (regarding duties for individuals taking a juvenile into temporary custody); GS 7B-1111 (regarding termination of parental rights); GS 14-322.3 (regarding abandonment of an infant); and GS 115C-47, GS 115C-218.75, GS 115C-548, GS 115C-556, and GS 115C-565 (regarding local boards of education, charter schools, and nonpublic schools' duty to ensure certain students annually receive information on lawfully abandoning an infant).
Effective October 1, 2023.
Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Criminal Justice, Criminal Law and Procedure, Education, Elementary and Secondary Education, Government, Public Safety and Emergency Management, State Agencies, UNC System, Department of Health and Human Services, Health and Human Services, Health, Health Care Facilities and Providers, Social Services, Child Welfare
The Senate committee substitute to the 2nd edition changed the act's title. The previous long title was AN ACT TO REVISE THE LAWS PERTAINING TO THE SAFE SURRENDER OF INFANTS UNDER THE ABUSE, NEGLECT, AND DEPENDENCY LAWS AND TO MAKE CONFORMING STATUTORY CHANGES.