PHYSICIAN PASSIVE INCOME PROHIBITED.

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View NCGA Bill Details2023-2024 Session
Senate Bill 380 (Public) Filed Tuesday, March 28, 2023
AN ACT TO PROHIBIT PASSIVE INCOME FROM SUPERVISION AGREEMENTS AND COLLABORATIVE PRACTICE AGREEMENTS BETWEEN PHYSICIANS AND CERTIFIED NURSE MIDWIVES AND NURSE PRACTITIONERS.
Intro. by Adcock, Hise, Krawiec.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 29 2023)

Bill History:

S 380

Bill Summaries:

  • Summary date: Mar 28 2023 - View Summary

    Amends GS 90-18.2 (pertaining to limitations on nurse practitioners) and GS 90-178.3 (pertaining to regulation of midwifery) to prohibit primary supervising physicians or backup supervising physicians from requiring payment or to be paid for the performance of any activity in accordance with a collaborative practice agreement with a nurse practitioner (GS 90-18.2) or a supervisory agreement with a midwife (GS 90-178.3), including supervision. Also prohibits payment to a physician for any activity specified in: (1) for collaborative agreements with nurse practitioners, (i) 21 NCAC 32M.0110 (pertaining to approval of nurse practitioners) and (ii) 21 NCAC 36.0810 (pertaining to quality assurance standards for a collaborative practice agreement) or (2) for supervisory agreements with midwives, 21 NCAC 33.0104. Incorporates definitions of primary supervising physician, backup supervising physician, collaborative practice agreement, and supervision from the State Administrative Code. Specifies that physicians violating these provisions are guilty of a Class 2 misdemeanor and subject to a fine not to exceed $1,000 for the first violation or $5,000 for a second or subsequent violation. Specifies that a violation is considered unprofessional conduct and grounds for disciplinary action. 

    Applies to supervisory agreements and collaborative practice agreements entered into, renewed, re-signed, or amended on or after October 1, 2023.

    Directs the North Carolina Medical Board and North Carolina Board of Nursing to adopt temporary rules to implement the act, which are to stay in place until permanent rules are adopted and become effective.