Bill Summary for H 287 (2023-2024)

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Summary date: 

Jun 12 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 287 (Public) Filed Tuesday, March 7, 2023
AN ACT REQUIRING HEALTH CARE PRACTITIONERS AND PHARMACISTS TO EDUCATE PATIENTS WITH PRESCRIPTIONS FOR OPIOID PAIN MEDICATIONS AND MEDICATIONS TO TREAT OPIOID USE DISORDER ABOUT THE POTENTIAL DANGERS OF OPIOIDS, OVERDOSE PREVENTION, AND THE AVAILABILITY AND USE OF OPIOID ANTAGONISTS TO PREVENT OVERDOSE DEATHS; CLARIFYING MEDICAID BENEFITS FOR INMATES; ALLOWING RECIPROCAL LICENSING FOR MARRIAGE AND FAMILY THERAPISTS; REDUCING THE UNNECESSARY REGULATORY BURDEN ON MASTER'S LEVEL PSYCHOLOGISTS; INCREASING ACCESS TO QUALITY MENTAL HEALTH CARE SERVICES; ELIMINATING CERTIFICATE OF NEED REVIEW FOR INPATIENT REHABILITATION SERVICES, REHABILITATION FACILITIES, AND REHABILITATION BEDS; INCREASING THE NUMBER OF EDUCATION HOURS REQUIRED FOR LICENSURE AS A MASSAGE THERAPIST; AND ENCOURAGING THE USE OF TRIBAL HEALTH FACILITIES BY STATE RESIDENTS SEEKING MENTAL HEALTH TREATMENT.
Intro. by Sasser, K. Baker, White, Potts.

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Bill summary

Senate committee substitute to the 3rd edition makes the following changes. Makes organizational changes. Changes the act’s short and long titles.

Section 1

Changes the effective date for new GS 90-12.8 to December 1, 2025 (was, October 1, 2023). Specifies that pharmacies distributing Schedule II controlled substances can make the information described in GS 90-12.8(a)(1)a-c available in electronic or paper form. Allows the information required to be displayed through signage to be provided through a Quick Response code or similar technology.

Adds the following.

Section 2

Amends the exceptions to Medicaid coverage under GS 108D-40(a), as follows. Directs that recipients residing in carceral settings other than prisons whose Medicaid eligibility has been suspended are not eligible for Medicaid coverage. Directs that the exception under GS 108D-40(a) will continue to apply until the shorter of the following: (1) the recipient’s initial Medicaid eligibility certification period post-release or (2) 365 days. Applies this same waiting period for prison inmates exempt from Medicaid coverage upon their release from prison. Effective January 1, 2025.  

Section 3

Amends GS 90-270.56 (reciprocal licenses). Requires the Marriage and Family Therapy Licensure Board (Board) to issue marriage and family therapy licenses (currently, has discretion) if four requirements are met. Changes the licensure requirement for marriage and family therapists to remove the five-year licensure requirement and replaces it with a requirement that the individual has passed the Board’s exam on jurisprudence. Removes licensure as a marriage and family therapy associate as a qualifying license. Allows an individual to meet the licensure requirement if they have been licensed as a marriage and family therapist in another state for two continuous years. Makes a technical change. Increases the types of exams that meet the examination requirement to include the clinical examination required by the licensing board that regulates marriage and family therapy in the State of California. Requires applicants for licensure as a marriage and family therapist to submit a current report from the US DHHS National Practitioner Data Bank to the Board. Provides for designation of license as reciprocal license with the same rights and obligations, including continuing education, as those holding an in-state license. Sets out qualifications for a license as a marriage and family therapy associate by reciprocity. Makes organizational changes. Makes conforming changes to GS 90-270.55 (examinations) and GS 90-270.63 (criminal history checks of applicants).  Applies to applicants who apply for licensure on or after October 1, 2024.

Section 4

Amends the supervision provisions under the Psychology Practice Act (GS 90-270.139) as follows. Enacts GS 90-270.139(e1), which exempts certain licensed psychological associates from supervision if they have met the following requirements: (1) 4,000 hours of post-licensure experience in the delivery of psychological services under the supervision of one or more qualified licensed psychologists or qualified licensed psychological associates within a time period of at least twenty-four consecutive months and less than sixty consecutive months, (2) documentation that all performance ratings for those hours have been average or above-average, and (3) they submit an application for independent practice with proof of the required hours. Requires the NC Psychology Board (Psychology Board) to approve a licensed psychological associate to engage in independent practice if the licensed psychological associate meets those requirements. Makes conforming changes to GS 90-270.139(e) and deletes all of the specified activities for when a licensed psychological associate needs supervision set forth in GS 90-270.139(e)(3). Instead, provides that a licensed psychological associate needs supervision when they engage in psychology in accordance with the Psychology Board’s rules.

Prevents a licensed psychological associate from engaging in the practice of neuropsychology or forensic psychology under GS 90-270.145(b) without first demonstrating specialized education and training to practice in those areas as the Psychology Board may determine by rule. Permits the Psychology Board to consider the licensed psychological associate's graduate level course work, continuing education, supervised training experience, or any other factors the board deems appropriate in determining whether the licensed psychological associate has sufficient specialized education and training to engage in the  practice of neuropsychology or forensic psychology. Defines neuropsychology and forensic psychology.

Amends GS 90-270.153 (certification as health services provider) as follows. Creates an exception to supervision requirement for a licensed psychological associate who possesses a certification as a health services provider psychological associate to provide health services without supervision upon meeting the requirements in GS 90-270.139, discussed above. Allows a licensed psychological associate who was licensed before June 30, 2013, who can demonstrate, in accordance with Psychology Board rules, that they have been engaged in the provision of health services psychology under supervision for 4,000 hours within a time period of at least 24 consecutive months and less than 60 consecutive months, to meet the requirements for certification as a health services provider psychological associate.

Creates a nominating committee consisting of the Psychology Board, the NC Psychological Association or its successor, and the NC Association of Professional Psychologists to solicit nominees from licensees for any vacancies that occur on the Psychology Board under GS 90-270.140 (currently, Board does not participate in the vacancy process and the associations seek advice of the chairs of the graduate departments of psychology in the state instead of seeking nominees).

Effective October 1, 2024.

Section 5

Amends GS 131E-176 (the definitions pertaining to certificates of need) so that rehabilitative health services; rehabilitation health service facilities; rehabilitation health service facility beds; rehabilitation facility hospitals for rehabilitation of injured, disabled, or sick persons; nursing provided at an inpatient rehabilitation facility for the rehabilitation of sick, injured, or disabled individuals are no longer included in the definitions.  

Section 6

Extends the training requirements for licensure as a massage and bodywork therapist to 650 in-class hours (currently, 500 in-class hours) under GS 90-629 (requirements for licensure). Applies to applicants who apply for licensure on or after July 1, 2024.