Bill Summary for S 796 (2021)

Summary date: 

May 25 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 796 (Public) Filed Wednesday, May 25, 2022
AN ACT TO PROTECT THE SACRED RELATIONSHIP OF PATIENT AND PHYSICIAN, PHYSICIAN ASSISTANT, AND NURSE PRACTITIONER.
Intro. by Hise.

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Bill summary

Enacts GS 90-12.8, prohibiting the Medical Board and the Board of Nursing (Boards) from taking any disciplinary action against a licensed physician, physician assistant, or nurse practitioner for prescribing or administering medication or supplements, including 25 identified, the licensee believes is medically necessary for the treatment of COVID-19 to a patient for at-home use or for use in a health care facility. Defines COVID-19. Identifies 25 medicines and supplements included under the statute's provisions. Additionally prohibits the Boards from taking disciplinary action against the same named licensees for (1) providing a medical exemption to a patient unable to wear a mask, undergo a COVID-19 test, or receive a vaccination for COVID-19; (2) treating a patient who is unable to wear a mask, undergo a COVID-19 test, or receive a vaccination for COVID-19 for religious, medical, or philosophical reasons; or (3) documenting a COVID-19 vaccine injury. Provides that a physician's good faith compliance with the statute cannot alone constitute immoral or dishonorable conduct, or unprofessional conduct. States that liability protection granted to physicians is not greater than that provided under other State laws. Allows for a party aggrieved from a violation to contest the case and seek administrative remedies. Authorizes a civil penalty of up to $500 for each violation by a Board. 

Enacts GS 90-85.15C prohibiting the Board of Pharmacy from taking any disciplinary action against a pharmacist for dispensing or administering medication or supplements for the treatment of COVID-19, including 25 identified, to a patient for at-home use or for use in a health care facility. Defines COVID-19. Identifies 25 medicines and supplements included under the statute's provisions. Allows for a party aggrieved from a violation to contest the case and seek administrative remedies. Authorizes a civil penalty of up to $500 for each violation by the Board of Pharmacy. 

Requires all three licensing boards to adopt temporary implementing rules.

Applies to acts or omissions occurring on or after October 1, 2022. 

Appropriates $10,000 from the General Fund to the Department of Health and Human Services for 2022-23 to monitor compliance of each board with the act. Effective July 1, 2022. 

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