Bill Summary for H 190

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Summary date: 

Jun 26 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 190 (Public) Filed Thursday, February 23, 2023
Intro. by Potts.

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Bill summary

Senate amendments amend the 4th edition, as amended, as follows.

Senate amendment #2 amends amendment #1 to change the content of the consent form required for surgical and medical abortions required under GS 90-21.82(b)  (surgical abortions) and GS 90-21.83A (medical abortions) so it discloses whether the physician accepts the pregnant woman’s insurance (was, whether the treatment or procedure to be performed is covered by the pregnant woman’s insurance) in addition to other listed requirements.

Senate amendment #3 makes the following changes to the 4th edition, as amended. 

Part IX.

Section 9.2.

Amends Section 9G.7 of SL 2022-74, authorizing the state health director to issue statewide standing orders to facilitate the administration of COVID-19 vaccinations, diagnostic tests or other treatments to extend the authorization’s expiration date from December 31, 2023, to December 31, 2024.

Section 9.3.

Makes a technical correction to a cross-reference in GS 90-85.15B (pertaining to immunizing pharmacists).

Part X.

Section 10.3

Changes references from Medical Care Commission to Commission for Mental Health, Developmental Disabilities, and Substance Use Services as the body authorized to adopt emergency, temporary, and permanent rules to implement new GS 122C-35 (licensure of opioid treatment program medication units and opioid treatment program mobile units).

Part XI.

Section 11.2A.

Amends GS 90-113.73 (pertaining to requirements for controlled substances reporting system) to exempt a dispenser from being required to report gabapentin to the controlled substances reporting system when gabapentin is a component of a compounded prescription that is dispensed in dosages of 100 milligrams or less. Effective March 1, 2025.

Part XII.

Section 12.1

Amends GS 90-106 (pertaining to prescriptions and labeling) so that the requirement for electronic prescription does not apply to any product authorized under GS 90-93(b)-(d) (Schedule V controlled substance) to be sold at retail without a prescription by a pharmacist (was, the requirement applied to all controlled substances under GS 90-93(a)(1)a [listing compounds containing narcotics]).

Part III.

Section 13A.1

Amends GS 126-8.6 (paid parental leave), as enacted by SL 2023-14, to also extend paid parental leave to probationary or time-limited full-time/part-time State employees (was, permanent full-time/part-time State employees only). Extends the prorated amount of paid leave that part-time employees can take to up to eight weeks after giving birth (was, four weeks) and up to four weeks (was, two weeks) for any other qualifying event. Directs the State Human Resources Commission (SHRC) to adopt rules and policies providing for a period of  minimum service before an employee  becomes  eligible for parental  leave, the maximum number of uses of paid parental leave within a 12-month period, and how much leave is to be provided in the event of miscarriage or the death of a child during birth.

Amends GS 126-5 (applicability of paid parental leave), as enacted by SL 2023-14, to change the individuals to whom the leave applies from all exempt and nonexempt State employees in the executive branch, public school employees, and community college employees to all State employees, public school employees, and community college employees. Clarifies that the leave does not apply to officers and employees of the Judicial Department or officers and employees of the General Assembly.

Amends GS 115C-336.1, as amended by SL 2023-14 (paid leave for public school teachers) to specify that, to the extent funds are made available for this purpose, the Department of Public Instruction (DPI) must administer funds to public school units for the payment of substitute teachers for any public school unit teacher using paid parental leave as described in GS 126-8.6, set forth above.

Amends GS 115C-218.90 (charter schools), GS 115C-238.68 (regional schools), and GS 116-239.10 (UNC lab schools) so that teachers at these institutions are eligible for paid parental leave as provided in GS 126-8.6, set forth above (subject to approval by the board for charter schools). Specifies that each institution will be eligible to receive funds for substitute teachers.

Amends the appropriation set forth in Section 5.1(e) of SL 2023-14 so that the recurring appropriation of $10 million to DPI is for substitute teachers (was, to fund paid parental leave) for teachers using paid parental leave.

Effective July 1,2023, and applies to requests for paid parental leave related to births occurring on or after that date.

Part XIII-B.

Amends GS 90-21.83A, as enacted by SL 2023-14 (pertaining to informed consent for medical abortion) to change the required in-person consultation from a consultation in which the physician is able to ask questions of the patient and the patient is able to ask questions of the physician to an in-person consultation conducted by a qualified professional or a qualified physician. Specifies that a physician must be able to ask and answer questions within the statutory time frame upon request of the patient or qualified professional. Effective July 1, 2023.