Bill Summary for H 639 (2011-2012)

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Summary date: 

Apr 5 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 639 (Public) Filed Tuesday, April 5, 2011
Intro. by M. Alexander.

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Bill summary

Enacts new Article 34A, Clinical Exercise Physiology, to GS Chapter 90 to regulate persons offering clinical exercise physiology services to the public. Defines a clinical exercise physiologist as an individual who, under the supervision of a licensed physician, has (1) had comprehensive education and training in the field of exercise physiology; (2) obtained appropriate certification as specified; and (3) either implements exercise prescriptions, protocols, or programs; administers and provides education for exercise tests; or provides risk factor modification in a cardiopulmonary rehabilitation or diagnostic setting as specified. Includes additional definitions applicable to proposed Article 34A. Prohibits a person, on or after October 1, 2012, from practicing or offering to practice clinical exercise physiology or otherwise indicating that the person is a licensed clinical exercise physiologist unless the person is licensed under Article 34A. Exempts certain persons, as detailed, from Article 34A. Provides that a clinical exercise physiologist may perform any of the four detailed activities and may administer four listed agents as a first-line emergency response to conditions arising in the scope of practice. Requires the physiologist to administer prescription drugs only upon the written prescription of a licensed state practitioner.
Creates a five-member NC Clinical Exercise Physiologist Licensing Board (Board), and includes requirements and qualifications for Board members. Sets forth additional details for Board administration. Enumerates 12 powers of the Board, including the power to issue, renew, deny, suspend, or revoke licenses, and the power to conduct investigations to determine whether violations or grounds for discipline exist. Lists the requirements for applicants to the Board. Authorizes the Board to grant a license to a person licensed to practice clinical exercise physiology in another state or U.S. territory with substantially equivalent standards of competency. Directs the Board to establish a schedule of fees, as specified, and to pay all expenditures out of funds from the fees or other funds. Sets forth provisions for license renewal and lapsed licensure. Allows the Board to discipline applicants or licensees, after a hearing, under nine specified circumstances.
Makes each violation of Article 34A a Class 1 misdemeanor. Authorizes the Board to apply to any appropriate court to enjoin violations of Article 34A. Authorizes the Board to assess, after considering four factors, a civil penalty up to $1,000 for a violation of Article 34A or adopted rules, with proceeds remitted to the Civil Penalty and Forfeiture Fund.
Clarifies that an individual who holds a bachelor's degree with a major course of study, as specified, from a college or university approved by the Board, and who has been practicing as a clinical exercise physiologist for a minimum of 10,000 hours immediately preceding the date of application may become a licensed clinical exercise physiologist, if the individual pays the required fee, achieves appropriate certification within one year after the act's effective date, and is certified in Basic Cardiac Life Support.