Bill Summary for H 557 (2023-2024)

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Summary date: 

May 31 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 557 (Public) Filed Monday, April 3, 2023
Intro. by Warren, Riddell.

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Bill summary

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

Changes the numbers of the statutes throughout Parts 1, 2, and 3 of Article 44; makes conforming changes throughout by correcting the numbers of internal cross-references.

Amends definitions used in Article 44 under GS 90-750.2, as follows. Amends the definition of advisory committee to require that it screen applicants for licensure and conduct investigations necessary to give recommendations (was, give directions) to the North Carolina Healing Arts Commission (Commission). Amends the definition of healing arts to also include the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the identification of physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defect, or injuries.

Amends GS 90-750.3 to require after initial membership appointments to the Commission that the Speaker of the House and President Pro Tempore of the Senate alternate recommendations for subsequent terms (was, limited to subsequent terms of the member of the public). Adds the requirement that the initial naturopathic doctor appointed to the Commission have been a resident of this State for at least two years prior to appointment, be certified by a national entity, and eligible for licensure; requires the appointee to immediately seek to obtain a North Carolina Healing Arts License in naturopathic medicine and remain in good standing with the Commission during their term. Makes additional clarifying changes.

Amends GS 90-750.4 by making organizational changes to the statute. Also amends Commission powers to no longer require that it be directed by an advisory committee before issuing, renewing, denying, suspending, or revoking Healing Arts Licenses. Makes conforming changes to the powers of the North Carolina Reflexology Advisory Committee, the North Carolina Music Therapy Advisory Committee, and North Carolina Naturopathic Medicine Advisory Committee (collectively referred to herein as "advisory committees") to include making recommendations to the Commission instead of directing the Commission to take those and other disciplinary actions.

Amends provisions related to the advisory committees to prohibit members from serving for more than two consecutive full terms (was, two consecutive terms). Makes additional clarifying changes. Also amends the powers and duties of the advisory committees to include making recommendations to the Commission, instead of directing the Commission to: (1) adopt, amend, or repeal rules to administer and enforce the relevant Part and (2) seek civil and criminal penalties against nonlicensed individuals. Makes conforming changes throughout to refer to advisory committees making recommendations to the Commission instead of directing the Commission. Also amends the powers and duties of the advisory committees to include maintaining a list of the relevant professionals (reflexologist, music therapist, or naturopathic doctors) holding a North Carolina Healing Arts License in the relevant field (was, those holding a national certification). Amends the compensation provisions for the relevant professions to specify that compensation may be received for services only when performed by an individual holding a North Carolina Healing Arts License in the relevant filed (was, by an individual holding a national certification); makes conforming changes.

Amends GS 90-750.17 by requiring businesses offering compensated reflexology services to have a valid and up-to-date license (previously required the license to be issued by the certifying entity) for all individuals offering services that must be displayed in a prominent place. Requires advertising designed to attract reflexology service clients to identify that the services will be performed by an individual holding a North Carolina Healing Arts License in reflexology (was, holding a national certification). Deletes the requirement that a reflexologist with a national certification who performs services for compensation at a location outside of his or her main place of business have on hisĀ  or her person a valid, up-to-date certification card issued by certifying entity at the time that services are performed. Amends GS 90-750.19 by amending the exemption from reflexology licensure to include individuals licensed in this State as a massage and bodywork therapist (was, as a massage therapist).

Makes organizational changes to Part 4, concerning naturopathic doctors, by moving and renumbering statutes within the Part. Makes additional clarifying and technical changes. Amends GS 90-750.39 to give limited criminal and civil immunity to both the Commission and the North Carolina Naturopathic Medicine Advisory Committee (previously did not include the Commission) and its officers, employees, and staff.