Bill Summary for H 285 (2013-2014)

Summary date: 

Mar 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 285 (Public) Filed Tuesday, March 12, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE RESPIRATORY CARE PRACTICE ACT.
Intro. by Tolson, Hollo.

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Bill summary

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

Amends GS 90-648 (Definitions), making technical changes to the definition of respiratory care practitioner. Creates new GS 90-648(12a), adding the term and definition for respiratory therapist.

Amends GS 90-652(5) (Powers and Duties of the Board), changing language to state that the Board has authority to investigate those that the "Board has reasonable cause to believe" are engaged in respiratory care, (was, Board believes).

Amends GS 90-653, making technical and organizational changes to the 1st edition. Provides that the Board will state the terms and conditions of use of the license by the licensee.

Amends GS 90-659 (Suspension, revocation, and refusal to renew a license), providing that except as provided in subsection (c) of this section, the Board can order a denial, refusal to renew, suspension, or revocation of a license.  Deletes language stating that the Board can impose the above restrictions/punishment without a hearing if it receives verified information of noncompliance with the requirements of licensure.

Amends GS 90-659(c), establishing that the Board can deny an initial application for a license as a respiratory therapist without a hearing if the individual fails to submit a complete application. Makes technical changes.

Amends GS 90-661 (Requirement of license), deleting GS 90-661(a)(3) and expanding GS 90-661(a)(2), the prohibition on using respiratory care practitioner, therapist, or initials or any likeness, combination, or insignia that might indicate or imply one is a licensed respiratory care practitioner or therapist.

Amends GS 90-664(3) and (4), adding respiratory therapist to the subsection.

Makes technical changes.

Changes effective dates. Sections 2, 4, 7, and 11 (changes concerning respiratory therapists) of the act become effective January 1, 2015. GS 90-659(a), as amended in Section 6 of this act, becomes effective October 1, 2013. GS 90-659(b), (c), (d), and (g), as amended in Section 6 of this act, become effective October 1, 2013, and apply to applications filed, actions commenced, or action by the Board on or after that date. GS 90-659(e) and (f), as amended in Section 6 of this act, are effective when they become law and apply to causes of action arising on or after that date.

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