Bill Summary for H 576 (2023-2024)

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Summary date: 

Apr 6 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 576 (Public) Filed Wednesday, April 5, 2023
AN ACT TO PROMOTE HEALTH CARE PRACTITIONER TRANSPARENCY THROUGH LICENSURE IDENTIFICATION AND ADVERTISEMENT REQUIREMENTS.
Intro. by K. Baker, Reeder, Potts, Paré.

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Bill summary

Identical to S 624, filed 4/5/23.

Retitles Article 37 of GS Chapter 90 as the Health Care Practitioner Transparency Act (was, the Health Care Practitioner Identification). Enacts a short title and four defined terms for the Article.

Replaces the provisions of GS 90-642 with the following. Require advertisements, as defined, for health care services that name a health care practitioner to identify the type of license held by the health care practitioner. Broadly defines health care practitioner as an individual licensed, certified, or registered to engage in the practice of medicine, nursing, dentistry, pharmacy, or any related occupation involving the direct provision of health care to patients. Bars advertisements from containing any deceptive or misleading information, as defined. Requires health care practitioners, when providing health care to a patient, to wear a badge or other form of ID displaying (1) a recent photo; (2) the practitioner's name; (3) the license, certification, or registration held by the practitioner; and (4) the expiration date of such license. Adds form and size requirements for the badges. Requires health care practitioners to display a written document in the practitioner's office that clearly identifies the type of license, certification, or registration held by the practitioner, readily determined by a patient from the posting. Bars health care practitioners form making a representation about the practitioner's license, certification, or registration that is deceptive or misleading. Requires compliance in each practice setting. Prohibits individuals licensed under Article 1, Practice of Medicine, from holding oneself out to the public by calling oneself a physician or any of the listed titles, or similar, with the intent to represent that the individual practices medicine. Requires medical doctors or doctors of osteopathic medicine who supervise or participate in collaborative practice agreements with other health care practitioners or professional who provide any type of health care services who are not medical doctors or doctors of osteopathic medicine to post a schedule of regular hours when the medical doctor or doctor of osteopathic medicine will be present in the office, as specified. Excludes health care practitioners who work in non-patient settings who do not have direct patient health care interactions. 

Enacts GS 90-643, establishing the following as violations of Article 37: (1) knowingly aiding, assisting, procuring, employing, or advising an unlicensed individual or entity practicing or engaging in act outside the scope of the health care practitioner's degree of licensure; (2) knowingly delegating or contracting the performance of health care services to an unqualified health care practitioner; or (3) noncompliance with the Article's provisions. Deems violation unprofessional conduct and subjects violators to disciplinary action by the appropriate licensing board or other appropriate governing provisions. Allows for persons who suffer injuries or damages as a result of a violation of the Article to seek injunctive relief in Wake County Superior Court. Deems each day of noncompliance a separate violation. 

Directs fifteen named licensing boards to adopt temporary and permanent implementing rules.

Effective October 1, 2023.