Bill Summary for S 673 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER PROTECTION LAWS AND TO PROVIDE WHISTLEBLOWER PROTECTION AND EMPLOYMENT PROTECTIONS FOR HEALTH CARE PROFESSIONALS.Intro. by Burgin, Mayfield.
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Bill summary
Part I.
Amends GS 75-1.1 to limit the application of the statute’s learned profession exemption to health care providers only for acts and omissions directly related to providing medical, dental, or other health care that are subject to litigation under Article 1B (medical malpractice actions) of GS Chapter 90.
Part II.
Enacts new GS 95-28.1B, as follows. Defines health care professional as an individual who is a licensed physician, physician assistant, advanced practice registered nurse, or registered nurse. Defines hospital, medical staff bylaws, and stakeholder. Makes it state policy that health care professionals have the right to report violations of medical staff bylaws to appropriate authorities and make comments concerning patient care for the protection of the public. Prohibits subjecting a health care professional to adverse action for reporting a violation of medical staff bylaws or making comments concerning patient care. Makes conforming changes to GS 95-241.
Part III.
Enacts new Article 52, Limitations on Agreements with Health Care Professionals, in GS Chapter 66, providing as follows. Defines health care professional as a licensed physician, physician assistant, advanced practice registered nurse, or registered nurse. Also defines medical staff bylaws, nondisclosure agreement, and non-compete clause. Requires a nondisclosure agreement entered into with a health care professional to include a statement that it does not restrict them from reporting safety concerns, ethical violations, or illegal activities. Prohibits requiring a health care professional from entering into a nondisclosure agreement that would: (1) prevent the health care professional from discussing patient safety concerns with licensing agencies, accrediting bodies, or other regulatory or oversight entities; or (2) restrict the health care professional's ability to report to the appropriate authorities violations of law, medical ethics, or medical staff bylaws. Prohibits an employment contract for a health care professional employed by a hospital from containing a non-compete clause. Also prohibits any policy or contractual agreement with a health care professional from providing new practice information upon patient request, and if available, requires the information to be provided by the person receiving the request. Voids any nondisclosure agreement or non-compete clause that violates the Article. Entitles a health care professional who prevails in an action under this Article to damages plus reasonable attorneys' fees and costs.
Part IV.
Allows the North Carolina Board of Medicine to adopt rules to implement Parts II and III.