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 his 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.
Bill Summaries: H557 NORTH CAROLINA HEALING ARTS COMMISSION.
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Bill H 557 (2023-2024)Summary date: May 31 2023 - View Summary
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Bill H 557 (2023-2024)Summary date: Apr 4 2023 - View Summary
Enacts new Article 44, Healing Arts, in GS Chapter 90, providing as follows.
Part 1 of the new Article establishes the North Carolina Healing Arts Act and sets out the act's purpose. Defines healing arts as the use of allopathic, complementary, or alternative approaches to the art and science of medicine for the prevention, diagnosis, and treatment of human physical or mental conditions, diseases, ailments, illnesses, infirmities, pain, defects, or injuries and the promotion and restoration of health and wellness. Creates the seven-member North Carolina Health Arts Commission (Commission), with initial members to be appointed by the specified entities, for terms of one to three years, by January 1, 2024. Subsequent members serve for terms of three years. Sets out provisions for the inclusion of additional members for any healing arts professions created after January 1, 2024. Provides for the filling of vacancies and sets out membership requirements including citizenship requirements, residency requirements, and the requirement to hold a North Carolina Healing Arts License in the individual's respective healing arts profession. Sets out additional restrictions on the public members of the Commission. Allows for the removal of commission members. Requires Commission officers to be elected annually; sets out requirements for the meeting timing, for serving as chair, for adopting rules governing meetings, and for establishing a quorum.
Sets out the Commission's nine powers, including administering and enforcing the Article; issuing, when directed by an advisory committee to do so, a North Carolina Healing Arts License to practice the healing art governed by the advisory committee; taking specified disciplinary actions when directed to do so by an advisory committee; and conducting administrative hearings necessary to administer the Article, including disciplinary hearings. Sets out provisions governing fees payable to the Commission. Requires the Commission to establish fees of up to $300 for the issuance of a North Carolina Healing Arts License, $350 for the renewal of the license every five years, and $200 for late renewal. Makes the first violation of the Article punishable by a written warning, a second violation punishable by a civil penalty of no more than $200, and third and subsequent violations subject to a civil penalty of no more than $200 per violation and a Class 1 misdemeanor. Allows the Commission to proceed in superior court to enjoin and restrain any person from violating the Article. Specifies that the healing arts professions subject to the Article are reflexologists, music therapists, and naturopathic physicians.
Part 2 of the new Article makes it State policy to consider reflexology as a healing arts profession. Defines reflexology as a protocol of manual techniques, including specified practices, that are applied to specific reflex areas predominantly on the feet and hands and that stimulate the complex neural pathways linking body systems and support the body's efforts to function optimally; specifies that reflexology is not massage and bodywork therapy. Defines a North Carolina Licensed Reflexologist as an individual that (1) is certified by the certifying entity as a certified reflexologist and (2) and been issued a North Carolina Healing Arts License in reflexology by the Commission.
Establishes the three-member North Carolina Reflexology Advisory Committee (Reflexology Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2024, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a reflexologist, and being eligible to obtain a healing arts license in reflexology (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum.
Sets out the Reflexology Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in reflexology; directing the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts License in reflexology; and directing the Commission to discipline North Carolina Licensed Reflexologists. Sets out requirements for applying for a North Carolina Healing Arts License in reflexology, which must be renewed after five years. Allows compensation for reflexology services to be received only when those services are performed by an individual holding a national certification (defined as a determination by the certifying entity that an individual has passed the certifying entity's national exam and that the individual has an active status with the certifying entity). Subjects non-licensed individuals providing reflexology services or engaging in the practice of reflexology to penalties or an injunction, unless: (1) the individual is a reflexology student working to obtain a certification of completion from a nationally recognized reflexology education program or (2) the individual holds a certification of completion from a nationally recognized reflexology education program, and that program was completed no more than six months before receiving compensation for services. Provides that unless all reflexology services are performed by individuals holding a national certification, a place of business where reflexology services are offered for compensation is subject to a civil penalty of no more than $500 per violation and a suspension of any license to operate the business for no more than 90 days. Requires businesses to display a valid and up-to-date certificate for all individuals offering compensated reflexology services. Requires a reflexologist with a national certification to carry a certification when performing reflexology services for compensation at a location outside of the reflexologist's main place of business. Sets out information that must be included in advertisements. Provides for reciprocity for individuals licensed or certified to practice reflexology in another state or territory. Provides that this Part does not apply to pressure to the reflex areas on the hands, feet, and outer ears in the regular course of the individual's work, so long as the specified requirements are met.
Part 3 of the new Article makes it State policy to consider music therapy as a healing arts profession. Defines music therapy as the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program, including the specified assessments, development and implementation of treatment plans that use specified music interventions, and evaluation and documentation of the client's response to treatment. Defines music therapy services as the provision of services to accomplish music therapy goals, including (1) conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action subsequent to the individualized treatment plan; (2) planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies; (3) implementing the individualized music therapy treatment plan consistent with the individual's overall treatment program; (4) systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications, as appropriate; (5) developing a discharge plan in collaboration with the individual, the individual's family, treatment team, and other identified support networks, when appropriate; (6) minimizing the impact of environmental constraints as a barrier to participation in least-restrictive environments for individuals engaging in music therapy; (7) collaborating with and educating the individual, family, caregiver, and others to foster an environment responsive to the developmental needs of the individual as addressed in music therapy; or (8) consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.
Establishes the three-member North Carolina Music Therapy Advisory Committee (Music Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2024, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, certification as a music therapist, and being eligible to obtain a healing arts certification in music therapy (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum.
Sets out the Music Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in music therapy; directing the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in music therapy; and directing the Commission to discipline North Carolina Licensed Music Therapists. Sets out requirements for applying for a North Carolina Healing Arts License in music therapy, which must be renewed after five years, including completing the specified academic requirements, completing the specified exam, and completing the specified number of clinical training hours. Allows compensation for music therapy services to be received only when those services are performed by an individual holding a national certification (defined as a determination by the certifying entity that an individual has satisfied the certifying entity's requirements and that the individual has an active status with the certifying entity). Subjects non-licensed individuals providing music therapy services or engaging in the practice of music therapy to penalties or an injunction. Provides for reciprocity for individuals licensed or certified to practice music therapy in another state or territory.
Part 4 of the new Article makes it State policy to consider naturopathic medicine as a healing arts profession. Defines naturopathic medicine as a system of natural health care that employs diagnosis and treatment using diagnostic techniques and natural therapies for the promotion, maintenance, and restoration of health and the prevention of disease, including all of the following: the administration or provision of any of the following for preventive and therapeutic purposes: natural medicines, natural therapies, natural topical medicines, hydrotherapy, dietary therapy, and naturopathic 13 physical medicine; the use of diagnostic procedures, including physical and orificial examination, but excluding endoscopy, sigmoidoscopy, and colonoscopy; and the ordering, performing, and interpretation of laboratory tests and diagnostic imaging. Sets out the scope of practice of naturopathic medicine as well as prohibitions on practice. Sets out and defines other terms
Establishes the three-member North Carolina Naturopathic Medicine Advisory Committee (Naturopathic Therapy Committee). Sets out membership requirements and provides for the appointment of initial members by January 1, 2024, with initial members serving 1-2 years. Subsequent membership terms are for three years, with no member serving for more than two consecutive terms. Sets out membership qualifications including citizenship requirements, residency requirements, graduation from an approved program, and being eligible to obtain a healing arts license in naturopathic medicine (with the requirement that appointees immediately seek to obtain the license). Sets out additional restrictions on the public members. Provides for the election of a chair and other officers, holding meetings, and establishing a quorum.
Sets out the Naturopathic Therapy Committee's eight powers and duties, including establishing and determining qualification and fitness of applicants for a North Carolina Healing Arts License in naturopathic medicine; directing the Commission to issue, renew, deny, suspend, revoke, or refuse to issue or renew North Carolina Healing Arts Licenses in naturopathic medicine; and directing the Commission to discipline North Carolina Licensed Naturopathic Doctors. Sets out requirements for applying for a North Carolina Healing Arts License in naturopathic medicine, which must be every year, including completing the specified academic requirements, and completing the specified exam.
Establishes the six-member Naturopathic Doctors Formulary Council to develop and recommend to the Naturopathic Therapy Committee a formulary for naturopathic doctors to use in practice. Sets out membership requirements, with members serving three year terms, and the Council's duties. Sets out requirements for the formulary.
Prohibits practicing, attempting to practice, or claiming to practice, naturopathic medicine without a license. Sets out six exemptions, including practice by a naturopathic doctor duly licensed or registered in another state, territory, or the District of Columbia when called into this State to consult with a licensed or registered health care provider for a period not to exceed six months, and practice by students completing a clinical requirement for graduation from an approved program of naturopathic medicine, so long as the practice is performed under the supervision of a physician licensed under Article 1 of GS Chapter 90 or a licensed naturopathic doctor and the clinical requirement does not exceed one year.
Provides for reciprocity. Requires reporting misconduct or incapacity of a licensed naturopathic doctor and sets out disciplinary actions that may be taken. Provides criminal and civil immunity for the Naturopathic Therapy Committee, its officers, employees, and staff for exercising, in good faith, the powers and duties given to the Committee.
Amends GS 90-18, requiring a license to practice medicine or surgery, by excluding the practice of naturopathic medicine by a licensed naturopathic doctor.
Amends GS 90-624 (activities not requiring a license to practice) in Article 36 (massage and bodywork therapy practice) which states nothing in Article 36 may be used to prohibit or affect a list of specified activities, by adding new subdivision (9) listing a licensed reflexologist engaged in the practice of reflexology as defined in GS 90-730.11.
Enacts new GS 143B-975 allowing the Department of Public Safety to provide the Naturopathic Therapy Committee a criminal history record for licensure applicants. Requires the Naturopathic Therapy Committee to provide fingerprints and a consent form along with the requests for criminal history records. Allows charging a fee to offset the Department of Public Safety's costs for conducting the record check.
Effective January 1, 2024.
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Bill H 557 (2023-2024)Summary date: Apr 3 2023 - View Summary
To be summarized.