Bill Summary for H 349 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT UPDATING REQUIREMENTS FOR HEALTH CARE POWERS OF ATTORNEY AND ADVANCE HEALTH CARE DIRECTIVES, AUTHORIZING THE SECRETARY OF STATE TO RECEIVE ELECTRONIC FILINGS OF ADVANCE HEALTH CARE DIRECTIVES, AND ALLOWING PARENT CHOICE IN NURSING SERVICE PROVIDERS REQUIRED BY AN INDIVIDUALIZED EDUCATION PROGRAM.Intro. by Huneycutt, Potts, Cunningham, Campbell.
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Bill summary
Senate committee substitute to the 2nd edition adds the following new Part IV. Makes organizational changes. Makes conforming changes to act’s effective date and its short and long titles. Clarifies that except as otherwise provided in Parts I-IV, the act is effective when it becomes law.
Part IV.
Deletes the limitation in GS 115C-111.2 (contract with private service providers) which directed that the local educational agencies are only able to contract with private special education facilities or providers when the local entity is unable to provide the service, so that local educational agencies may contract with private providers for any service. Defines nursing services. Adds new GS 115C-111.2(b) specifying the following conditions that must be met before a local education agency must make available a parent’s choice of nurse when providing nursing services under an Individualized Education Plan (IEP): (1) the IEP requires nursing services; (2) the child received nursing services from the nurse (i) prior to the nursing services being required by the child's IEP or (ii) prior to the child enrolling in his or her current school; (3) the parent's choice of nurse is employed by a nursing agency and willing to provide the nursing services required by the child's IEP; (4) the nursing agency employing the parent's choice of nurse meets all standard contract terms required for any other nursing agency contracted by the local educational agency, including licensing and liability requirements; and (5) the contracted rate is equal to or less than the contracted rate of other nurses contracted by the local educational agency. Specifies that GS 115C-111.2 should not be construed to limit the local education agency’s responsibility to provide free public education. Applies beginning with the 2025-26 school year.