Bill Summary for S 171 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO PROMOTE HEALTH CARE PRACTITIONER TRANSPARENCY THROUGH ADVERTISEMENT REQUIREMENTS; TO IMPROVE THE ACCESS OF NORTH CAROLINIANS WITH LIMB LOSS AND LIMB DIFFERENCE TO PROSTHETIC AND ORTHOTIC DEVICES AND CARE; AND TO REQUIRE MEDICAL CONDITION ACTION PLANS FOR CERTAIN STUDENTS AND MEDICAL EMERGENCY PLANS IN ALL PUBLIC SCHOOL UNITS.Intro. by Burgin.
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Bill summary
House committee substitute replaces the 2nd edition in its entirety with the following. Makes conforming changes to the act’s titles.
Part I.
Makes organizational changes to Article 37 of GS Chapter 90. Adds new Part 2, Health Care Practitioner Transparency Act, providing as follows.
Requires an advertisement for health care services (including medicine, nursing, dentistry, pharmacy, and related occupations involving providing health care directly to patients) that names a health care practitioner to identify their license, certification, or registration; prohibits the advertisement from containing deceptive or misleading information. Prohibits a health care practitioner from making a deceptive or misleading representation about their license, certification, or registration. Prohibits unlicensed individuals from holding themselves out as a physician or any of the listed medical titles, with the intent to represent that they practice medicine.
Makes it a violation for a health care practitioner to (1) knowingly aid, assist, procure, employ, or advise an unlicensed individual or entity in practicing or engaging in acts outside of the scope of the health care practitioner's degree of licensure; (2) knowingly delegate or contract the performance of health care services to a health care practitioner that is unqualified to perform those health care services; and (3) fail to comply with any provision of this Article. Violators are guilty of unprofessional conduct and may be subject to disciplinary action. Exempts from the Article health care practitioners who work in non-patient settings and do not have direct patient health care interactions.
Requires the 15 listed boards to adopt temporary rules to implement this act and requires the rules to remain in effect until permanent rules are adopted.
Effective October 1, 2025, except as otherwise provided.
Part II.
Amends Article 3 of Chapter 58, which regulates insurance offered in North Carolina, by adding a new section, GS 58-3-286, regarding the coverage of prosthetic and orthotic devices.
New GS 58-3-286 applies to all health benefit plans offered in the State except Small Employer Group Health Insurance and Multiple Employer Welfare Arrangements. Requires coverage by these health benefits plans for all prosthetic and orthotic devices required to be covered under Medicare Part B. Requires coverage by applicable health benefit plans for prosthetic and orthotic devices deemed by the insured’s healthcare provider as adequate for completing activities of daily living, essential job-related activities, and meeting the medical needs of the insured for performing physical exercise and maximizing the insured’s whole-body function. Coverage extends to custom devices and shall not be limited to one prosthetic or orthotic device. Coverage is required for replacement of a prosthetic or orthotic device, or a part thereof, and including custom devices, if the prescribing healthcare provider determines the replacement is necessary for specified reasons, such as a physiological change in the insured’s condition, and the insurer may require confirmation from the prescribing healthcare provider if the device being replaced is less than 3 years old.
By February 1, 2028, applicable health benefits plans must report the number and value of claims paid pursuant to GS 58-3-286 to the Commissioner of the Department of Insurance.
By March 1, 2028, the Commissioner of Department of Insurance must aggregate data from applicable health benefits plans and provide it to the Joint Legislative Oversight Committee on General Government and the Joint Legislative Oversight Committee on Health and Human Services.
Effective October 1, 2025, and applies to the earlier of (1) insurance contracts issued, renewed, or amended on or after October 1, 2025, or (2) upon the next yearly anniversary of the insurance contract date occurring after October 1, 2025.
Part III.
Amends GS 115C-357.1 as follows. Requires the State Board of Education (Board) to adopt a medical action plan (MAP) with three required components, including detailed instructions to ensure that all individuals designated by the principal or if there is no principal, the staff member with the highest decision-making authority, to provide medical care for a student at risk for a medical emergency as diagnosed by a doctor, know how to address the medical emergency. Directs governing bodies of a public school unit to implement the MAP for each student at risk of a medical emergency as diagnosed by a doctor. Requires that at least one public school unit employee per school be trained in first aid and lifesaving techniques, including seizure recognition. Exempts school administrators from the statute’s bar on requiring public school unit employees to administer medication or attend lifesaving techniques programs. Modifies the indemnity provisions for authorized volunteers administering emergency health care so that the governing body of a public school unit is the entity authorizing the provision of those measures. Specifies that the immunity applies when the emergency health care is given when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student. Allows the staff member with the highest decision-making authority to determine the staff members who will participate in the medical care program if a school does not have a principal at the beginning of the school year. Makes technical and conforming changes, including to statute’s title.
Tasks the Board in GS 115C-12 with adopting a rule establishing the MAP and, in consultation with the Department of Public Instruction (DPI) and the Department of Health and Human Services (DHHS), adopt a rule establishing the required response of public school unit employees when a student has a medical emergency not otherwise covered by a MAP. Requires DPI to provide each public school unit with a copy of the rule and each unit to implement the rule. Authorizes the Board to adopt temporary rules to implement the changes to GS 115C-12 and GS 115C-375.1.
Modifies the duties of local boards of education in GS 115C-47 so that they have to implement the MAP and the emergency action plan adopted by the Board. Requires charter schools (GS 115C-218.75), regional schools (GS 115C-238.66), laboratory schools (GS 116-239.8), and renewal school systems (Section 6(d) to SL 2018-32) to implement the MAP and emergency action plan adopted by the Board.
Applies beginning with the 2025-26 school year.
Part IV.
Effective when the act becomes law, except as otherwise provided.