Bill Summary for H 828 (2013-2014)

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Summary date: 

May 1 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 828 (Public) Filed Wednesday, April 10, 2013
Intro. by Fulghum, Hollo, Faircloth, Murry.

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Bill summary

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

Amends GS 90-270.26 (Powers of the Board), providing that records obtained pursuant to investigations of possible violations of GS Chapter 90, Article 18B, are privileged and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the board or its employees or consultants. Provides that decisions rendered by the board, in addition to hearing notices, statement of charges, and any material received and admitted into evidence at a board hearing, will be public records, provided that identifying information concerning services rendered to a patient who has not consented to its public disclosure can be deleted or redacted. Also establishes that the board can issue subpoenas, on signature of the board chair or executive director, to compel attendance of any witness or for the production of any documents related to the board investigations or proceedings. Also provides that upon written request, such subpoenas will be revoked if, upon a hearing, the Board finds (1) that the evidence sought does not relate to a matter in issue, (2) the subpoena does not describe with sufficient particularity the evidence sought, or (3) for any other reason in law that makes the subpoena invalid.

Amends GS 90-270.29.1 (Criminal history record checks of applicants for licensure), deleting a provision in subsection (a) requiring the board to ensure that the state and national criminal history of an applicant is checked. Defines a criminal history record check for the purposes of this section as a request for a report from the board to the NC Department of Justice for a history of conviction of a crime that bears on an applicant's fitness for licensure to practice physical therapy (previously, was defined as a report resulting from a request by the Board).

Makes technical changes throughout.