H.B. 576
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 5, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH50033-NB-134A
Short Title: Health Care Practitioner Transparency Act. (Public)
Sponsors: Representative K. Baker.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REQUIRE HEALTH CARE PRACTITIONERS TO WEAR IDENTIFICATION
3 NOTIFYING PATIENTS OF THE HEALTH CARE PRACTITIONER'S APPROPRIATE
4 LICENSURE.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) The title of Article 37 of Chapter 90 of the General Statutes reads
7 as rewritten:
8 "Article 37.
9 "Health Care Practitioner Identification.Practitioner Transparency Act."
10 SECTION 1.(b) Article 37 of Chapter 90 of the General Statutes is amended by
11 adding the following new sections to read:
12 "§ 90-640. Short title.
13 This act shall be known as the "Health Care Practitioner Transparency Act."
14 "§ 90-641. Definitions.
15 The following definitions apply in this Article:
16 (1) Advertisement. – Any communication or statement that is printed, electronic,
17 or oral which names the health care practitioner in relation to their practice,
18 profession, or institution where the health care practitioner is employed,
19 volunteers, or otherwise provides health care services, including business
20 cards, letterhead, patient brochures, email, internet, audio and video, or any
21 other communication or statement used in the course of business.
22 (2) Deceptive or misleading. – Any verbal or written representation or
23 advertisement that misstates, falsely describes, or holds out in a false light the
24 profession, skills, expertise, education, board certification, or licensure of the
25 health care professional.
26 (3) Health care practitioner. – An individual who is licensed, certified, or
27 registered to engage in the practice of medicine, nursing, dentistry, pharmacy,
28 or any related occupation involving the direct provision of health care to
29 patients.
30 (4) Licensee. – A health care practitioner who holds an active license with a
31 licensing board that governs the health care practitioner's occupation in this
32 State."
33 SECTION 1.(c) G.S. 90-640 is recodified as G.S. 90-642 and reads as rewritten:
34 "§ 90-642. Identification badges required.and advertisement requirements.
35 (a) For purposes of this section, "health An advertisement for health care practitioner"
36 means an individual who is licensed, certified, or registered to engage in the practice of medicine,
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 General Assembly Of North Carolina Session 2023
1 nursing, dentistry, pharmacy, or any related occupation involving the direct provision of health
2 care to patients.services that names a health care practitioner must identify the type of license
3 held by the health care practitioner. The advertisement shall not contain any deceptive or
4 misleading information.
5 (b) When providing health care to a patient, a health care practitioner shall wear a badge
6 or other form of identification displaying in readily visible type (i) a recent photograph of the
7 health care practitioner, (ii) the individual's name and health care practitioner's name, (iii) the
8 license, certification, or registration held by the practitioner. If the identity of the individual's
9 license, certification, or registration is commonly expressed by an abbreviation rather than by
10 full title, that abbreviation may be used on the badge or other identification.health care
11 practitioner, and (iv) the expiration date of the health care practitioner's license. The badge or
12 other form of identification shall be of sufficient size and be worn in a conspicuous manner to be
13 visible and apparent.
14 (c) The badge or other form of identification is not required to be worn if the patient is
15 being seen in health care practitioner shall display a written document in the health care
16 practitioner's office and, that clearly identifies the type of license, certification, or registration
17 held by the health care practitioner and the name and type of license of the health care practitioner
18 can be readily determined by the patient from a the posted license, a sign in the office, a brochure
19 provided to patients, or otherwise.license.
20 (d) Each licensing board or other regulatory authority for health care practitioners may
21 adopt rules for exemptions from wearing a badge or other form of identification, or for allowing
22 use of the practitioner's first name only, when necessary for the health care practitioner's safety
23 or for therapeutic concerns.
24 (d1) A health care practitioner shall not make a representation about the health care
25 practitioner's license, certification, or registration that is deceptive or misleading.
26 (e) Violation of this section is a ground for disciplinary action against the health care
27 practitioner by the practitioner's licensing board or other regulatory authority.
28 (f) Any health care practitioner who practices in more than one office shall be required
29 to comply with this Article in each practice setting.
30 (g) Any individual licensed to practice medicine under Article 1 of this Chapter shall not
31 hold himself or herself out to the public by calling oneself a physician or any of the following
32 titles, or using any similar title or description of services with the intent to represent that the
33 individual practices medicine: "surgeon," "medical doctor," "doctor of osteopathy," "M.D.,"
34 "D.O.," "anesthesiologist," "cardiologist," "dermatologist," "endocrinologist,"
35 "gastroenterologist," "general practitioner," "gynecologist," "hematologist," "hospitalist,"
36 "internist," "intensivist," "laborist," "laryngologist," "nephrologist," "neurologist,"
37 "obstetrician," "oncologist," "ophthalmologist," "orthopedic surgeon," "orthopedist,"
38 "osteopath," "otologist," "otolaryngologist," "otorhinolaryngologist," "pathologist,"
39 "pediatrician," "primary care physician," "proctologist," "psychiatrist," "radiologist,"
40 "rheumatologist," "rhinologist," or "urologist."
41 (h) A medical doctor or doctor of osteopathic medicine who supervises or participates in
42 collaborative practice agreements with other health care practitioners or professionals who
43 provide any type of health care services who are not medical doctors or doctors of osteopathic
44 medicine shall post, in a conspicuous location in each office, a schedule of the regular hours
45 when the medical doctor or doctor of osteopathic medicine will be present in that office.
46 (i) Health care practitioners that work in non-patient settings and do not have any direct
47 patient health care interactions are not subject to this Article."
48 SECTION 1.(d) Article 37 of Chapter 90 of the General Statutes is amended by
49 adding a new section to read:
50 "§ 90-643. Violations and enforcement.
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1 (a) Any health care practitioner subject to this Article who does any of the following shall
2 be in violation of this Article:
3 (1) Knowingly aids, assists, procures, employs, or advises an unlicensed
4 individual or entity in practicing or engaging in acts outside the scope of the
5 health care practitioner's degree of licensure.
6 (2) Knowingly delegates or contracts the performance of health care services to a
7 health care practitioner that is unqualified to perform those health care
8 services.
9 (3) Fails to comply with any provision of this Article.
10 (b) Any health care practitioner who violates this Article as provided under subsection
11 (a) of this section shall be guilty of unprofessional conduct and may be subject to disciplinary
12 action under the health care practitioner's licensure board or other appropriate governing
13 provisions.
14 (c) Any person who is injured or suffers damages as a result of a violation of this Article
15 may maintain an action in the Wake County Superior Court for injunctive relief against any
16 health care practitioner who has committed a violation of this Article.
17 (d) Each day of noncompliance with this Article by a health care practitioner shall
18 constitute a separate and distinct violation."
19 SECTION 2. The following boards shall adopt temporary rules to implement the
20 provisions of this act. Those temporary rules shall remain in effect until permanent rules are
21 adopted that replace those temporary rules:
22 (1) North Carolina Medical Board.
23 (2) North Carolina Board of Nursing.
24 (3) North Carolina Board of Pharmacy.
25 (4) North Carolina State Board of Dental Examiners.
26 (5) North Carolina Addictions Specialist Professional Practice Board.
27 (6) North Carolina State Board of Examiners in Optometry.
28 (7) North Carolina State Board of Chiropractic Examiners.
29 (8) Board of Podiatry Examiners for the State of North Carolina.
30 (9) Board of Licensed Clinical Mental Health Counselors.
31 (10) North Carolina Psychology Board.
32 (11) North Carolina Respiratory Care Board.
33 (12) Board of Examiners for Speech and Language Pathologists and Audiologists.
34 (13) North Carolina Board of Physical Therapy Examiners.
35 (14) North Carolina Board of Occupational Therapy.
36 (15) North Carolina Board of Dietetics/Nutrition.
37 SECTION 3. This act becomes effective October 1, 2023.
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Statutes affected:
Filed: 90-642
Edition 1: 90-642
Edition 2: 90-643
Edition 3: 90-643