Bill Summary for S 735 (2017-2018)

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Summary date: 

Jun 15 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 735 (Public) Filed Wednesday, May 23, 2018
Intro. by Wells, Daniel.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Amends GS 93B-2 by making the annual financial audit requirements applicable only to occupational licensing boards with a budget of at least $100,000.

Adds the following.

Part V.

Enacts new GS 90-270.14A requiring the NC Psychology Board (Board) to place a license on inactive status when requested by a licensee and upon payment of the inactive status fee. Prohibits practicing psychology in the state without a current active license. Allows the Board to investigate complaints and discipline an inactive licensee. Limits issuance of inactive status licenses to a person who has previously been issued a license to practice psychology in the state. Prohibits inactive status licensees from holding themselves out to the public as licensed. Sets out the requirements for reactivating licensure.

Amends GS 90-270.15 to allow the Board to take disciplinary action against an individual who has had a license or certification for the practice of psychology or other mental health profession in this state (was, limited to the practice of psychology) or in another jurisdiction suspended or revoked. Deletes the provision concerning disciplinary action for failure to retain securely and confidentially the complete case record for three years from the date of the attainment of majority age by the patient or client or for at least seven years from the date of the last provision of psychology services, whichever is longer.

Amends GS 90-270.18(b) by increasing the fees for the renewal of licenses, late renewals, licensure reinstatement, duplicate licenses, temporary licenses, and applications for a health services provider certificate. Deletes the $100 application fee for licensed psychologists and psychological associates and instead requires that the cost of application be as set by the vendor, plus an additional fee not to exceed $300. Adds a fee of no more than $100 for placing a license on inactive status and a fee not to exceed $300 for the reactivation of an inactive status license.

Amends GS 90-270.22 to extend the instances when the Board may require criminal history checks to be included upon application for reactivation of a license. Makes conforming changes.

Amends GS 90-202.10 to raise podiatrists' annual license renewal fees from $200 to $350.

Amends GS 90-389 to raise the fee-based pastoral counselors' and counseling associates' annual certificate renewal fee from $100 to $300.

The above provisions are effective October 1, 2018.

Part VI.

Amends GS 150B-3 (Special provisions on licensing). Prohibits an occupational licensing agency from summarily suspending an occupational license unless the board has first adopted rules governing the conduct of its hearings.

Amends GS 93B-5 to raise the per diem compensation for occupational licensing board members from $100 to $200, and clarifies that this provision is given notwithstanding GS 138-5 (Per Diem and Allowances of State Boards). Requires board members to receive training in antitrust law and State action immunity within six months of appointment, and at least once within every two calendar years thereafter.

Enacts new GS 93B-17. Directs occupational licensing boards to adopt rules for the receipt and resolution of complaints, for taking disciplinary or enforcement actions against licensees, and for taking enforcement actions against persons not licensed by the board. Prohibits summary suspension of licenses without adopting rules governing the conduct of hearings. Requires interpretations, clarifications, or other delineations of the scope of practice of an occupational licensing board to be adopted as a rule.

Enacts new GS 93B-18. Authorizes occupational licensing boards to investigate unlicensed activity and notify unlicensed persons and entities of the possible violations of law and administrative rules, and penalties that may be imposed by a court. Provides requirements for the contents of the notification.

Enacts new GS 93B-19, specifying the appropriate superior court for a licensing board seeking a court order for injunctive relief or to show cause for failure to comply with a subpoena.

Enacts new GS 93B-20, authorizing an occupational licensing board to appear in its own name in superior court to restrain the violation of the provisions of a statute administered by the board or a rule or order of the board. Grants jurisdiction to the superior court to grant these injunctions or restraining orders or to take other appropriate action. Prohibits boards from issuing such orders independently of the superior court unless specifically authorized by law to do so.

Enacts new GS 93B-21, stating that state policy prefers informal resolution of jurisdictional disputes between boards, but authorizing an administrative proceeding with the Office of Administrative Hearings by an affected board in the event informal procedures cannot resolve a jurisdictional dispute.

Enacts new GS 93B-22, requiring occupational licensing boards to develop and implement a complaint process that meets three requirements, including electronic complaint submission via the board's website.

Requires occupational licensing boards to implement the required complaint procedure on their websites by January 1, 2019.

Amends GS 150B-45 (Procedure for seeking review; waiver). Provides that a petition for review of non-tax final decisions under GS Chapter 150B, Article 4 (Judicial Review), may be filed in the county where the agency has its principal place of business, in addition to the other authorized venue counties. Authorizes superior courts to order a change of venue, provided that improper venue may not be grounds for dismissal of the petition.

Directs the Committee to continue to monitor and study the effects of NC State Bd. of Dental Examiners v. Fed. Trade Comm'n and other related issues.

Amends GS 143B-68 to amend the membership of the Public Librarian Certification Commission, to remove the inclusion of the chairman of the North Carolina Association of Library Trustees, and to fill that seat with an individual named by the Governor upon nomination of the North Carolina Library Association. Makes technical changes.

Except as otherwise provided, effective when the bill becomes law, and applies to licensing board actions occurring on or after that date.

Part VII.

Requires the Joint Legislative Administrative Procedure Oversight Committee to study the three specified issues related to obstacles to entering licensed trades and professions and requires an interim report to the 2019 General Assembly and a final report to the 2020 Regular Session of the 2019 General Assembly.

Part VII-A.

Amends GS 88B-6 to require the North Carolina Board of Cosmetic Art Examiners to maintain its office in Wake County (was, in Raleigh).

Makes conforming changes to the act's long title.