GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 770*

Short Title:  Nurses Paid by State Plan.	(Public)
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Sponsors: Senators Daniel, Perdue, Richardson, Hyde; Gunter, Soles, Seymour, Kaplan, Ward, Speed, Jordan, Tally, Winner of Mecklenburg, Lee, Plexico, Gulley, Albertson, Warren, Ballance, Marshall, Hunt, Edwards, Hartsell, Martin of Pitt, Martin of Guilford, Walker, and Cochrane.
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Referred to:  Pensions and Retirement.
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April 8, 1993

A BILL TO BE ENTITLED
AN ACT TO REMOVE BARRIERS IN THE TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL PLAN SO AS TO PROVIDE REIMBURSEMENT TO REGISTERED NURSES PROVIDING SERVICES WITHIN THE SCOPE OF THEIR PRACTICE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 135-40.6 is amended by adding the following new subdivision (10):
"(10)	Coverage for Services of Registered Nurses. – Notwithstanding any other provision of this section or the Plan, benefits shall be payable for services performed by a registered nurse subject to the following limitations:
a.	The service performed is within the registered nurse's lawful scope of practice;
b.	The Plan provides benefits for identical services performed by other licensed health care providers;
c.	The service is not performed while the registered nurse is employed by a nursing facility (including a hospital, skilled nursing facility, intermediate care facility or home care agency.)
No lack of signature, referral, or employment by any other health care provider may be asserted to deny benefits under this subdivision."
Sec. 2.  G.S. 135-40.7(5) reads as rewritten:
"(5)	Charges for any care, treatment, services or supplies other than those which are certified by a physician who is attending the individual as being required for the medically necessary treatment of the injury or disease.  This subdivision shall not be construed, however, to require certification by an attending physician for a service provided by a registered nurse acting within the nurse's lawful scope of practice, subject to the limitations of G.S. 135-40.6(10)."
Sec. 3.   G.S. 135-40.7B(c) reads as rewritten:
"(c)	Notwithstanding any other provisions of this Part, the following providers are authorized to provide necessary care and treatment for mental illness under this section:  licensed psychiatrists and doctors of psychology licensed or certified in their states of practice, psychiatric nurses, or social workers or psychological associates with a master's degree in psychology under the direct employment and supervision of a licensed psychiatrist or licensed or certified doctor of psychology, licensed psychiatric hospitals and licensed general hospitals providing psychiatric treatment programs and certified residential treatment facilities, community mental health centers, and partial hospitalization facilities."
Sec. 4.  G.S. 135-40.7A(c)(3) reads as rewritten:
"(3)	Duly licensed physicians and duly licensed practicing psychologists, certified clinical specialists in psychiatric and mental health nursing, and certified professionals working under the direct supervision of such physicians or psychologists in facilities described in (1) and (2) above and in day/night programs or outpatient treatment facilities licensed after July 1, 1984, under Article 2 of General Statutes Chapter 122C."
Sec. 5.  This act becomes effective October 1, 1993.