Bill Summary for H 415 (2021-2022)

Printer-friendly: Click to view

Summary date: 

Aug 4 2021

Bill Information:

View NCGA Bill Details2021
House Bill 415 (Public) Filed Thursday, March 25, 2021
Intro. by Setzer, Lambeth, Everitt, Moffitt.

View: All Summaries for BillTracking:

Bill summary

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

Further amends Article 8, GS Chapter 90, which regulates chiropractic licensure, as follows. Revises the powers and duties of the North Carolina State Board of Chiropractic Examiners (Board) to include establishing reasonable fees for licensure verification and continuing education, and more specifically authorizes establishing fees for other administrative services provided by the Board (was, other services). Eliminates the proposed power to establish certification standards for diagnostic imaging technicians. Eliminates a statutory cross-reference regarding the Board's disciplinary authority. More specifically authorizes the Board to order production, or inspection and copy, of any clinical care or patient records (was, records, generally) concerning the practice of chiropractic relevant to a complaint, inquiry or investigation. Specifies that the record retention requirement for licensees or establishment employing licensees applies to patient records (was, records, generally). Eliminates the proposed provisions which deemed the names and office addresses of Board members and licensees to be public record. Specifies that the personal email addresses of Board members and licensees are not public record (was, email addresses, generally). Maintains rather than removes as grounds for disciplinary action by the Board (1) violating GS 90-151 (concerning licensure limitations), and (2) committing an act on or after October 1, 2017, demonstrating a lack of good moral character which would have been the basis of denying a license if committed before licensed. Maintains rather than removes the existing parameters provided for the Board in adopting rules that establish and define standards of acceptable care.

Now authorizes the Board to assess a civil penalty of up to $500 for the violation of any section of the Article (was, per violation of the Article) or any rule adopted by the Board. Adds a maximum cumulative fine amount, set at $1,000, for licensees found responsible for multiple violations in the same disciplinary actions. Clarifies that the Board's authority to charge the costs of a disciplinary proceeding against a licensee applies to instances in which a licensee is found to have violated any provisions of the Article or any rule adopted by the Board (previously, applicable to licensees against whom proceedings are brought). Makes further technical and clarifying changes.