Bill Summaries: H576 HEALTH CARE PRACTITIONER TRANSPARENCY ACT.

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  • Summary date: May 1 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Further amends GS 90-643 by adding that when requested by an individual health care practitioner with safety concerns, the inclusion of the health care practitioner's last name on a badge or other form of identification may be waived. Makes additional technical and clarifying changes. 


  • Summary date: Apr 25 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. Renumbers new GS 90-640 to GS 90-641 (the act’s short title) and 90-641 to 90-642 (definitions).

    Amends GS 90-643’s requirements for health care practitioners, when providing health care to a patient, so that they only need to wear a badge or other form of ID displaying the practitioner's name and the license, certification, or registration held by the practitioner. (Previously also required to have a photo and the expiration date of such license.) Requires the ID to display a photo when reasonably possible. Clarifies that the act does not require a health care practitioner to display their license, certification or registration number on a badge or other form of ID.  Changes the effective date to October 1, 2026.

    Enacts new GS 90-644 (advertisement and representation requirements). Reorganizes provisions barring health care practitioners from making misleading statements, provisions barring non-licensed individuals from holding themselves out to the public as a physician by using certain titles, and provisions requiring that advertisements for health care services that name a health care practitioner to identify the type of license held by the health care practitioner into new GS 90-644. Specifies that provisions should not be construed to prevent a health care practitioner from using any title or abbreviation which is authorized for such health care practitioner pursuant to licensing statutes.

    Enacts new GS 90-643 (violations and enforcement) as GS 90-645. Deletes provisions allowing 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. Reorganizes provisions requiring health care practitioners who work in more than office to comply with the Article in each practice setting and exempting health care practitioners that work in non-patient settings with no direct patient health care interactions from the act into new GS 90-645.

    Makes organizational changes and conforming changes to the act’s long title and effective date.


  • Summary date: Apr 6 2023 - View 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.