Bill Summary for S 349 (2011-2012)

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Summary date: 

Mar 15 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 349 (Public) Filed Tuesday, March 15, 2011
ALLOWING THE NORTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY TO CONSIDER CERTAIN INVESTIGATIVE INFORMATION AS CONFIDENTIAL.
Intro. by Purcell, Pate.

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Bill 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.