HB 228 / SB 178 – Modernize NC Medical Board Laws

HB 228 / SB 178 – Modernize Laws Pertaining to the NC Medical Board

Primary House Sponsor: Rep. Greg Murphy (R-Pitt)

Primary Senate Sponsor: Sen Dan Bishop (R-Mecklenburg)

Bill Summary

This bill makes a number of technical changes and language updates.

The bill defines a license and an inactive license.

The bill states that all Board Members be approved through the Review Panel.

The bill clarifies that the NCMB will meet at least quarterly in NC and may hold other meetings necessary to conduct the business of the Board.

Duty to Report Sexual Misconduct

The bill states that every licensee has a duty to report in writing to the Board within 30 days any incidents that a licensee is involved in any of the following:

  • Sexual misconduct with a patient by any licensee of the Board
  • Fraudulent prescribing, drug diversion, misuse or theft of controlled substances

Failure to report under this section would be grounds for unprofessional conduct discipline by the Board.

Medical EducationĀ 

The bill states that an applicant must complete 130 weeks of medical education that satisfies graduating from an accredited medical college.

The bill states that an applicant may satisfy the graduation requirements if they provide proof of current certification by a specialty board recognized a specialty board.

The bill changes international medical education school training requirements from three years to to years. (This is in addition to the four years of medical school).

Physician Assistant Fees

The bill removes the requirement that the Board set the fees for physician assistants and instead sets their fees in statute (like physicians).

Inactive License

The bill states that the Board shall retain jurisdiction over an inactive license, regardless of how it became inactive.

Adverse Actions in Training Programs

The bill states that the program director of every medical graduate education program shall report to the Board the following actions within 30 days:

  • Revocation, suspension, termination, non-renewal, non-promotion, dismissal or leave of absence not in good standing
  • Resignation from a graduate medical education training program including completion of residency, internship or fellowship

Volunteer License

This bill would clarify that a license holder, retired license holder, or physician assistant license holder could only practice in association with clinics that specialize in the treatment of indigent patients. This bill increases the fine for practicing outside of this requirement to up to $500.

Medical School Faculty License

The bill updates language to state that the board can issue a medical school faculty license to an applicant holding a full time faculty professor at an accredited NC medical school.

License Fees

The bill increases the fee of a duplicate license from $25 to $75.

The bill states that the initial licensure fee for a PA to be $230. The annual registration fee for physician assistants in $140.

The bill states that the annual registration of anesthesiological assistants be $140.

Professional CorporationsĀ 

The bill sets fees for professional corporations practicing medicine to be an initial $200, with an annual renewal of $100.

Disciplinary Authority

This bill would allow physician assistants or mental health examination by other licensed health provider acting within their scope of practice to conduct an examination as determined by the Board.

The bill states that a felony conviction shall result in the automatic denial or revocation of a license by the Board.

Sexual Contact Penalties

This bill states that a person who undertakes the medical treatment of a patient is guilty of a class C felony if the person engages in sexual contact while the patient is incapacitated, represents that sexual context is necessary to the health of the patient.

Death Certificates

This bill states that a physician, physician assistant or nurse practitioner who completes a death certificate in good faith, without fraud or malice shall be immune from civil liability or professional discipline.

Bill Movement

This bill was filled In the House and Senate on February 27, 2019.

A proposed committee substitute was introduced in the House Health Committee which made technical changes that are updated in the above summary.

House

This bill was the following House Committee referrals:

  • Health
    • Passed – March 19, 2019
  • Judiciary
    • Calendared to be heard on April 3, 2019
  • Finance
  • Rules

This bill’s next stop will be the House Judiciary Committee.

Senate

This bill was referred to the Senate Rules Committee on March 5, 2019.

 
 

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