Bill Summary for S 783 (2015-2016)

Summary date: 

Apr 27 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 783 (Public) Filed Wednesday, April 27, 2016
AN ACT TO RESPOND TO THE HOLDING IN NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FEDERAL TRADE COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.
Intro. by Hartsell.

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Bill summary

Identical to H 1007, filed 4/27/16.

Amends GS 93B-5(g) concerning required training for occupational licensing board (OLB) members, adding a requirement that OLB members must also now receive training within the first six months and at least every two years on federal antitrust law and state action immunity

Enacts new GS 93B-17 to require all OLBs to adopt rules for the receipt and resolving of complaints, disciplinary or enforcement actions against licensees, as well as for actions against those not licensed by the board.  Also requires OLBs to adopt as rule any interpretation, clarification or delineation of the board's scope of practice.

Enacts GS 93B-18 giving OLBs the authority to investigate unlicensed activity as well as to notify unlicensed persons and entities of possible violations and the possibility of any civil or criminal action or penalty that can be imposed by a court.  Sets out specific, standardized language that must be used when OLBs notify unlicensed persons or entities of possible violations of law.

Enacts GS 93B-19 to provide that the venue for OLBs seeking injunctive relief or for show cause for failure to comply with an OLB subpoena is the superior court where the defendant resides or in the county of the OLB's principal place of business.

Enacts GS 93B-20 concerning injunctive relief providing that any OLB can appear under its own name in superior court for actions seeking injunctive relief as needed to restrain activities in violation of OLB's rules or orders. Prohibits OLBs from issuing such orders on its own volition.

Enacts GS 93B-21 concerning jurisdictional disputes among OLBS, providing for resolution through informal proceedings. If no resolution is reached, provides for resolution by petition to the Office of Administrative Hearings by way of contested hearing.

Enacts GS 93B-22 requiring OLBs to develop and implement a complaint process by which the OLB can electronically on its websites accept complaints as well as provide complainants with a written description of the disposition of complaints.

Directs the Joint Legislative Procedure Oversight Committee to continue to monitor and study the effects of the opinion of the NC State Board of Dental Examiners v. Federal Trade Commission decision.

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