Bill Summaries: S 349 CONFIDENTIALITY/OPTOMETRY/RE CLOSING INT (NEW).

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  • Summary date: Jun 30 2011 - View Summary

    AN ACT WHICH ALLOWS THE NORTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY TO CONSIDER CERTAIN INVESTIGATIVE INFORMATION AS CONFIDENTIAL, REQUIRES LICENSEES TO COOPERATE WITH LAW ENFORCEMENT AGENCIES, AND REQUIRES LICENSEES TO SELF-REPORT CERTAIN INDICTMENTS, ARRESTS, MEDICAL JUDGMENTS, AWARDS, PAYMENTS, AND SETTLEMENTS; AND TO REQUIRE THAT INTEREST EARNED ON REAL ESTATE SETTLEMENT FUNDS HELD IN TRUST OR ESCROW ACCOUNTS BE PAID INTO THE NORTH CAROLINA STATE BAR'S INTEREST ON LAWYERS' TRUST ACCOUNT FUND AND TO PROVIDE FOR A PRIVATE CAUSE OF ACTION FOR PERSONS HARMED BY THE UNAUTHORIZED PRACTICE OF LAW. Summarized in Daily Bulletin 3/15/11, 6/7/11, and 6/15/11. Enacted June 27, 2011. Section 7 is effective October 1, 2011. Sections 3 and 8 are effective January 1, 2012. Sections 4–6 are effective December 1, 2011. The remainder is effective June 27, 2011.


  • Summary date: Jun 15 2011 - View Summary

    House committee substitute makes the following changes to 2nd edition. Enacts new GS 45A-9 directing a settlement agent who maintains a trust or escrow account for the purposes of receiving and disbursing closing funds and loan funds to pay any interest earned on the funds in such accounts to the North Carolina State Bar (State Bar) to be used for the purposes authorized by the State Bar under the Interest on Lawyers’ Trust Account Program. Effective January 1, 2012. Directs the State Bar to adopt rules for the collection and disbursement of such funds.
    Amends GS 84-8 to provide that no person is entitled to collect any fees for service performed in violation of the unauthorized practice of law. Enacts new GS 84-7.1, exempting legal clinics at law schools, certain law students, and certain lawyers from provisions regarding the unauthorized practice of law. Effective December 1, 2011, and applies to offenses committed on or after that date.
    Enacts new GS 84-10.1 to provide for a private cause of action to recover damages and reasonable attorneys’ fees if damaged by a person who violates the provisions concerning the unauthorized practice of law, holds himself or herself out as a North Carolina certified paralegal, or knowingly aids and abets another person to commit the unauthorized practice of law. Effective October 1, 2011.
    Makes other organizational and conforming changes, including conforming change to the bill title.


  • Summary date: Jun 7 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition.
    Enacts new subsections (b1), (b2), (b3), and (b4) to proposed GS 90-121.5 to require the NC State Board of Examiners in Optometry (Board) to determine whether there is reasonable cause to believe that a licensee has violated a statute or rule, when the Board receives a complaint about a licensee’s care of a patient. Sets out the procedure for making the determination, and details additional complaint guidelines. Authorizes the Board to report information indicating that a crime may have been committed to the appropriate law enforcement or district attorney. Directs the Board to cooperate with a law enforcement agency or district attorney conducting an investigation, and specifies that disclosed information remains confidential. Requires all licensees to self-report to the Board within 30 days of arrest or indictment for any felony, any arrest for driving while impaired or under the influence, or any arrest or indictment for the possession, use, or sale of any controlled substance.
    Enacts new GS 90-121.6, requiring all optometrists licensed or applying for licensure to report three specified items related to judgments, awards, and settlements to the Board. Provides additional reporting specifics, and directs the Board to publish information collected under the statute on the Board’s website or other publication for seven years from the date of the judgment, award, payment, or settlement. Defines settlement in the statute, and specifies that nothing limits the Board from collecting information to administer Article 6 of GS Chapter 90. Makes a clarifying change, and makes conforming changes to the bill title.


  • Summary date: Mar 15 2011 - View Summary

    Enacts new GS 90-121.5 to authorize the North Carolina State Board of Examiners in Optometry (Board) to receive, in a closed session, information or evidence on the treatment of a patient who has not expressly or impliedly consented to public disclosure of the treatment, when the confidentiality is necessary to protect the rights of the patient or the accused licensee and to allow full presentation of relevant evidence.
    Specifies that all information obtained as the result of any type of investigation will not be considered public records under GS Chapter 132 (public records law), and are considered privileged, confidential, and not subject to disclosure, as indicated. Provides, however, that any notice or statement related to charges against a licensee or applicant or to a hearing will be a public record Allows any identifying information concerning the treatment of or delivery of services to a patient or client to be deleted if the patient or client did not consent to disclosure. Defines investigative information for purposes of the proposed subsection.
    Authorizes the Board and related parties to release confidential or nonpublic information concerning disciplinary actions, as listed, to any health care licensure board in NC or another state or to authorized Department of Health and Human Services personnel. Requires the Board to provide written notification to the licensee within 60 days of the information transmission. Allows the licensee to request a copy of the transmitted information within 30 days of the notification, but prohibits notice or disclosure if the information relates to an ongoing criminal investigation.