| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO PROMOTE HEALTH CARE PRACTITIONER TRANSPARENCY THROUGH 2 |
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| 14 | 15 | | ADVERTISEMENT REQUIREMENTS. 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1.(a) Article 37 of Chapter 90 of the General Statutes is amended by 5 |
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| 17 | 18 | | adding a new Part 1 to be entitled "Health Care Practitioner Identification" and to consist of 6 |
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| 18 | 19 | | G.S. 90-640. 7 |
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| 19 | 20 | | SECTION 1.(b) Article 37 of Chapter 90 of the General Statutes is amended by 8 |
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| 20 | 21 | | adding a new Part to read: 9 |
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| 21 | 22 | | "Part 2. Health Care Practitioner Transparency Act. 10 |
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| 22 | 23 | | "§ 90-645. Short title. 11 |
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| 23 | 24 | | This Part shall be known as the "Health Care Practitioner Transparency Act." 12 |
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| 24 | 25 | | "§ 90-646. Definitions. 13 |
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| 25 | 26 | | The following definitions apply in this Part: 14 |
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| 26 | 27 | | (1) Advertisement. – Any communication or statement that is printed, electronic, 15 |
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| 27 | 28 | | or oral which names the health care practitioner in relation to their practice, 16 |
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| 28 | 29 | | profession, or institution where the health care practitioner is employed, 17 |
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| 29 | 30 | | volunteers, or otherwise provides health care services, including business 18 |
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| 30 | 31 | | cards, letterhead, patient brochures, email, internet, audio and video, or any 19 |
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| 31 | 32 | | other communication or statement used in the course of business. 20 |
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| 32 | 33 | | (2) Deceptive or misleading. – Any verbal or written representation or 21 |
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| 33 | 34 | | advertisement that misstates, falsely describes, or holds out in a false light the 22 |
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| 34 | 35 | | profession, skills, expertise, education, board certification, or licensure of the 23 |
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| 35 | 36 | | health care professional. 24 |
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| 36 | 37 | | (3) Health care practitioner. – An individual who is licensed, certified, or 25 |
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| 37 | 38 | | registered to engage in the practice of medicine, nursing, dentistry, pharmacy, 26 |
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| 38 | 39 | | or any related occupation involving the direct provision of health care to 27 |
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| 39 | 40 | | patients. 28 |
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| 40 | 41 | | (4) Licensee. – A health care practitioner who holds an active license with a 29 |
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| 41 | 42 | | licensing board that governs the health care practitioner's occupation in this 30 |
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| 42 | 43 | | State. 31 |
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| 43 | 44 | | "§ 90-647. Advertisement and representation requirements. 32 |
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| 44 | 45 | | (a) An advertisement for health care services that names a health care practitioner shall 33 |
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| 45 | 46 | | identify the type of license, certification, or registration held by the health care practitioner. The 34 |
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| 48 | 53 | | (b) A health care practitioner shall not make a representation about the health care 1 |
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| 49 | 54 | | practitioner's license, certification, or registration that is deceptive or misleading. 2 |
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| 50 | 55 | | (c) Any individual not licensed to practice medicine under Article 1 of this Chapter shall 3 |
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| 51 | 56 | | not hold himself or herself out to the public by calling oneself a physician or any of the following 4 |
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| 52 | 57 | | titles, or using any similar title or description of services with the intent to represent that the 5 |
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| 53 | 58 | | individual practices medicine: "surgeon," "medical doctor," "doctor of osteopathy," "M.D.," 6 |
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| 54 | 59 | | "D.O.," "anesthesiologist," "cardiologist," "dermatologist," "endocrinologist," 7 |
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| 55 | 60 | | "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "hospitalist," 8 |
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| 56 | 61 | | "internist," "intensivist," "laborist," "laryngologist," "nephrologist," "neurologist," 9 |
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| 57 | 62 | | "obstetrician," "oncologist," "ophthalmologist," "orthopedic surgeon," "orthopedist," 10 |
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| 58 | 63 | | "osteopath," "otologist," "otolaryngologist," "otorhinolaryngologist," "pathologist," 11 |
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| 59 | 64 | | "pediatrician," "primary care physician," "proctologist," "psychiatrist," "radiologist," 12 |
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| 60 | 65 | | "rheumatologist," "rhinologist," or "urologist." Nothing in this subsection shall be construed to 13 |
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| 61 | 66 | | prevent a health care practitioner from using any title or abbreviation which is authorized for 14 |
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| 62 | 67 | | such health care practitioner pursuant to licensing statutes. 15 |
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| 63 | 68 | | "§ 90-648. Violations and enforcement. 16 |
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| 64 | 69 | | (a) Any health care practitioner subject to this Article who does any of the following shall 17 |
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| 65 | 70 | | be in violation of this Article: 18 |
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| 66 | 71 | | (1) Knowingly aids, assists, procures, employs, or advises an unlicensed 19 |
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| 67 | 72 | | individual or entity in practicing or engaging in acts outside of the scope of 20 |
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| 68 | 73 | | the health care practitioner's degree of licensure. 21 |
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| 69 | 74 | | (2) Knowingly delegates or contracts the performance of health care services to a 22 |
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| 70 | 75 | | health care practitioner that is unqualified to perform those health care 23 |
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| 71 | 76 | | services. 24 |
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| 72 | 77 | | (3) Fails to comply with any provision of this Article. 25 |
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| 73 | 78 | | (b) Any health care practitioner who violates this Article as provided under subsection 26 |
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| 74 | 79 | | (a) of this section shall be guilty of unprofessional conduct and may be subject to disciplinary 27 |
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| 75 | 80 | | action under the health care practitioner's licensure board or other appropriate governing 28 |
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| 76 | 81 | | provisions. 29 |
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| 77 | 82 | | (c) Each day of noncompliance with this Article by a health care practitioner shall 30 |
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| 78 | 83 | | constitute a separate and distinct violation. 31 |
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| 79 | 84 | | (d) Any health care practitioner who practices in more than one office shall be required 32 |
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| 80 | 85 | | to comply with this Article in each practice setting. 33 |
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| 81 | 86 | | (e) Health care practitioners that work in non-patient settings and do not have any direct 34 |
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| 82 | 87 | | patient health care interactions are not subject to this Article." 35 |
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| 83 | 88 | | SECTION 2. The following boards shall adopt temporary rules to implement the 36 |
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| 84 | 89 | | provisions of this act. Those temporary rules shall remain in effect until permanent rules are 37 |
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| 85 | 90 | | adopted that replace those temporary rules: 38 |
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| 86 | 91 | | (1) North Carolina Medical Board. 39 |
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| 87 | 92 | | (2) North Carolina Board of Nursing. 40 |
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| 88 | 93 | | (3) North Carolina Board of Pharmacy. 41 |
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| 89 | 94 | | (4) North Carolina State Board of Dental Examiners. 42 |
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| 90 | 95 | | (5) North Carolina Addictions Specialist Professional Practice Board. 43 |
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| 91 | 96 | | (6) North Carolina State Board of Examiners in Optometry. 44 |
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| 92 | 97 | | (7) North Carolina State Board of Chiropractic Examiners. 45 |
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| 93 | 98 | | (8) Board of Podiatry Examiners for the State of North Carolina. 46 |
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| 94 | 99 | | (9) Board of Licensed Clinical Mental Health Counselors. 47 |
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| 95 | 100 | | (10) North Carolina Psychology Board. 48 |
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| 96 | 101 | | (11) North Carolina Respiratory Care Board. 49 |
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| 97 | 102 | | (12) Board of Examiners for Speech and Language Pathologists and Audiologists. 50 |
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| 98 | 103 | | (13) North Carolina Board of Physical Therapy Examiners. 51 General Assembly Of North Carolina Session 2025 |
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