A BILL TO BE ENTITLED
AN ACT to amend the penalty review committee process, as recommended by the north carolina study commission on aging.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 131D‑34(h) reads as rewritten:
"(h)	The Secretary shall establish a penalty review committee within the Department, which shall meet as often as needed, but no less frequently than once each quarter of the year,  to review administrative penalties assessed pursuant to this section and pursuant to G.S. 131E‑129 as follows:
(1)	The Secretary shall administer the work of the Committee and provide public notice of its meetings via Web site, and provide direct notice to the following parties involved in the penalties the Committee will be reviewing:
a.	The licensed provider, who upon receipt of the notice, shall post the notice of the scheduled Penalty Review Committee meeting in a conspicuous place available to residents, family members, and the public; b.	The local department of social services that is responsible for oversight of the facility involved;
c.	The residents affected; and
d.	 Those individuals lawfully designated by the affected resident to make health care decisions for the resident.
(2)	The Secretary shall ensure that the Nursing Home/Adult Care Home Penalty Review Committee established by this subsection is comprised of nine members. At least one member shall be appointed from each of the following categories:
a.	A licensed pharmacist;
b.	A registered nurse experienced in long term care;
c.	A representative of a nursing home;
d.	A representative of an adult care home; and
e.	Two public members. One shall be a "near" relative of a nursing home patient, chosen from a list prepared by the Office of State Long Term Care Ombudsman, Division of Aging, Department of Health and Human Services. One shall be a "near" relative of a rest home patient, chosen from a list prepared by the Office of State Long Term Care Ombudsman, Division of Aging, Department of Health and Human Services. For purposes of this subdivision, a "near" relative is a spouse, sibling, parent, child, grandparent, or grandchild.
(3)	Neither the pharmacist, nurse, nor public members appointed under this subsection nor any member of their immediate families shall be employed by or own any interest in a nursing home or adult care home.
(4)	Repealed by Session Laws 2005‑276, s. 10.40A(l), effective July 1, 2005.
	(4b)	Prior to serving on the Committee, each member shall complete a training program provided by the Department of Health and Human Services that covers standards of care and applicable State and federal laws and regulations governing facilities licensed under Chapter 131D and Chapter 131E of the General Statutes.
(5)	Each member of the Committee shall serve a term of two years. The initial terms of the members shall commence on August 3, 1989. The Secretary shall fill all vacancies. Unexcused absences from three consecutive meetings constitute resignation from the Committee.
(6)	The Committee shall be cochaired by:
a.	One member of the Department outside of the Division of Facility Services; and
b.	One member who is not affiliated with the Department."
SECTION 2.  This act becomes effective October 1, 2007.