AN ACT TO AMEND LAWS AND FEES PERTAINING TO VARIOUS OCCUPATIONAL LICENSING BOARDS.

The General Assembly of North Carolina enacts:

INCREASE the time for certification of chiropractic clinical assistants by the state board of chiropractic examiners and authorizE the state board of chiropractic examiners to impose fines as sanctions and to increase annual license renewal fees
SECTION 1.(a)  G.S. 90‑143.4(b) reads as rewritten:
"(b)	Any person employed as a chiropractic clinical assistant shall obtain a certificate of competency from the State Board of Chiropractic Examiners (Board) within 180 days after the person begins employment. Certification shall not be required for employees whose duties are limited to administrative activities of a nonclinical nature. Except as otherwise provided in this section, it shall be unlawful for any person to practice as a chiropractic clinical assistant unless duly certified by the Board."
SECTION 1.(b)  G.S. 90‑154(a) reads as rewritten:
"(a)	The Board of Chiropractic Examiners may impose any of the following sanctions, singly or in combination, when it finds that a practitioner or applicant is guilty of any offense described in subsection (b):
(1)	Permanently revoke a license to practice chiropractic.
(2)	Suspend a license to practice chiropractic.
(3)	Refuse to grant a license.
(4)	Censure a practitioner.
(5)	Issue a letter of reprimand.
(6)	Place a practitioner on probationary status and require him to report regularly to the Board upon the matters which are the basis of probation."
SECTION 1.(c)  G.S. 90‑155 reads as rewritten:
"§ 90‑155.  Annual fee for renewal of license.
Any person practicing chiropractic in this State, in order to renew a license, shall, on or before the first Tuesday after the first Monday in January in each year after a license is issued as herein provided, pay to the secretary of the Board of Chiropractic Examiners a renewal license fee as prescribed and set by the said Board which fee shall not be more than three hundred dollars ($300.00), and shall furnish the Board evidence of having attended two days of educational sessions or programs approved by the Board during the preceding 12 months, provided the Board may waive this educational requirement due to sickness or other hardship of the applicant.
Any license or certificate granted by the Board under this Article shall automatically be canceled if the holder of the license or certificate fails to secure a renewal within 30 days from the time herein provided; but any license thus canceled may, upon evidence of good moral character and proper proficiency, be restored upon the payment of the renewal fee and an additional twenty‑five dollars ($25.00) reinstatement fee.
If any licensee of the Board retires from active practice, the licensee may renew his or her license annually by paying the license fee and shall not be required to furnish the Board proof of continuing education; however, if at a later time the licensee desires to resume active practice, the licensee shall first appear before the Board and the Board shall determine the licensee's competency to practice."

AMEND LAWS PERTAINING TO THE NORTH CAROLINA MEDICAL BOARD
SECTION 2.(a)  G.S. 90‑2(b) reads as rewritten:
"(b)	No member shall serve more than two complete three‑year terms in a lifetime, except that each member shall serve until a successor is chosen and qualifies."
SECTION 2.(b)  G.S. 90‑3(b) reads as rewritten:
"(b)	To be considered qualified for a physician position or the physician assistant or nurse practitioner position on the Board, an applicant shall meet each of the following criteria:
…
(10)	Have not served more than 72 months as a member of the Board."
SECTION 2.(c)  G.S. 90‑3(c) reads as rewritten:
"(c)	The Review Panel shall recommend at least two qualified nominees for each open position on the Board. If the Governor chooses not to appoint either of the recommended nominees, the Review Panel shall recommend at least two new qualified nominees."
SECTION 2.(d)  G.S. 90‑3 is amended by adding new subsections to read:
"(f)	Notwithstanding any provision of G.S. 90‑16, the Board may provide confidential and nonpublic licensing and investigative information in its possession to the Review Panel.
(g)	All applications, records, papers, files, reports, and all investigative and licensing information received by the Review Panel from the Board and other documents received or gathered by the Review Panel, its members, employees, agents, and consultants as a result of soliciting, receiving, and reviewing applications and making recommendations as required in this section shall not be considered public records within the meaning of Chapter 132 of the General Statutes. All such information shall be privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Review Panel, the Board, and their employees, agents, or consultants, except as provided in this section. The Review Panel shall publish on its Internet Web site the names and practice addresses of all applicants within 10 days after the application deadline. The Review Panel shall publish on its Internet Web site the names and practice addresses of the nominees recommended to the Governor within 10 days after notifying the Governor of those recommendations and not less than 30 days prior to the expiration of the open position on the Board.
(h)	The Review Panel is a public body within the meaning of Article 33C of Chapter 143 of the General Statutes. In addition to the provisions contained in Article 33C of Chapter 143 of the General Statutes permitting a public body to conduct business in a closed session, the Review Panel shall meet in closed session to review applications; interview applicants; review and discuss information received from the Board; and discuss, debate, and vote on recommendations to the Governor."
SECTION 2.(e)  G.S. 90‑5.2(a)(7) reads as rewritten:
"(7)	A current, active e‑mail address, which shall not be considered a public record within the meaning of Chapter 132 of the General Statutes. This information may be used or made available by the Board for the purpose of disseminating or soliciting information affecting public health or the practice of medicine."
SECTION 2.(f)  G.S. 90‑5.2(a1) reads as rewritten:
"(a1)	The Board shall make e‑mail addresses reported pursuant to G.S. 90‑5.2(a)(7) available to the Department of Health and Human Services for use in the North Carolina Controlled Substance Reporting System established by Article 5E of this Chapter."
SECTION 2.(g)  G.S. 90‑8.1 reads as rewritten:
"§ 90‑8.1.  Rules governing applicants for licensure.
(a)	The North Carolina Medical Board is empowered to adopt rules that prescribe additional qualifications for an applicant, including education and examination requirements and application procedures.
(b)	The Board shall not deny an application for licensure based solely on the applicant's failure to become board certified."
SECTION 2.(h)  G.S. 90‑13.1(a) reads as rewritten:
"(a)	Each applicant for a license to practice medicine and surgery in this State under either G.S. 90‑9.1 or G.S. 90‑9.2 shall pay to the North Carolina Medical Board an application fee of four hundred dollars ($400.00)."
SECTION 2.(i)  G.S. 90‑13.2 reads as rewritten:
"§ 90‑13.2.  Registration every year with Board.
(a)	Every person licensed to practice medicine by the North Carolina Medical Board shall register annually with the Board within 30 days of the person's birthday.
(b)	A person who registers with the Board shall report to the Board the person's name and office and residence address and any other information required by the Board, and shall pay an annual registration fee of two hundred fifty dollars ($250.00), except those who have a limited license to practice in a medical education and training program approved by the Board for the purpose of education or training shall pay a registration fee of one hundred twenty‑five dollars ($125.00), and those who have a retired limited volunteer license pursuant to G.S. 90‑12.1B or a limited volunteer license pursuant to G.S. 90‑12.1A shall pay no annual registration fee. However, licensees who have a limited license to practice for the purpose of education and training under G.S. 90‑12.01 shall not be required to pay more than one annual registration fee for each year of training.
	
(d)	A physician who is not actively engaged in the practice of medicine in North Carolina and who does not wish to register the license may direct the Board to place the license on inactive status.
(e)	A physician who fails to register as required by this section shall pay an additional fee of fifty dollars ($50.00) to the Board. The license of any physician who fails to register and who remains unregistered for a period of 30 days after certified notice of the failure is automatically inactive. The Board shall retain jurisdiction over the holder of the inactive license.
(f)	Except as provided in G.S. 90‑12.1B, a person whose license is inactive shall not practice medicine in North Carolina nor be required to pay the annual registration fee.
(g)	Upon payment of all accumulated fees and penalties, the license of the physician may be reinstated, subject to the Board requiring the physician to appear before the Board for an interview and to comply with other licensing requirements. The penalty may not exceed the maximum fee for a license under G.S. 90‑13.1.
(h)	The Board shall not deny a licensee's annual registration based solely on the licensee's failure to become board certified."
SECTION 2.(j)  G.S. 90‑14(n) reads as rewritten:
"(n)	Notwithstanding subsection (m) of this section, if the licensee has retained counsel, the Board may serve to both the licensee and the licensee's counsel orders to produce, appear, submit to assessment, examination, or orders following a hearing, or provide notice that the Board will not be taking any further action against a licensee."
SECTION 2.(k)  G.S. 90‑14.2 is amended by adding a new subsection to read:
"(c)	Once charges have been issued, the parties may engage in discovery as provided in G.S. 1A‑1, the North Carolina Rules of Civil Procedure. Additionally, pursuant to any written request by the respondent or respondent's counsel, the Board shall provide information obtained during an investigation, except for the following:
(1)	Information that is subject to attorney‑client privilege or is attorney work product.
(2)	Information that would identify an anonymous complainant.
(3)	Information generated during an investigation that will not be offered into evidence by the Board and is related to:
a.	Advice, opinions, or recommendations of the Board staff, consultants, or agents.
b.	Deliberations by the Board and its committees during an investigation."
SECTION 2.(l)  G.S. 90‑14.13(a1)(1) reads as rewritten:
"(a1)	A hospital is not required to report:
(1)	The suspension or limitation of a physician's privileges for failure to timely complete medical records."
SECTION 2.(m)  Article 1D of Chapter 90 of the General Statutes is renamed as follows:
"Article 1D.
"Health Program for Medical Professionals."
SECTION 2.(n)  G.S. 90‑21.22 reads as rewritten:
"§ 90‑21.22.  Health program for medical professionals.
(a)	The North Carolina Medical Board (Board) may enter into agreements with the North Carolina Medical Society (Society), the North Carolina Academy of Physician Assistants (Academy), and the North Carolina Physicians Health Program (Program) for the purposes of identifying, reviewing, and evaluating the ability of licensees of the Board who have been referred to the Program to function in their professional capacity and to coordinate regimens for treatment and rehabilitation. The agreement shall include guidelines for all items outlined below:
(1)	The assessment, referral, monitoring, support, and education of licensees of the Board by reason of a physical or mental illness, a substance use disorder, or professional sexual misconduct.
(2)	Procedures for the Board to refer licensees to the Program.
(3)	Criteria for the Program to report licensees to the Board.
(4)	A procedure by which licensees may obtain review of recommendations by the Program regarding assessment or treatment.
(5)	Periodic reporting of statistical information by the Program to the Board, the Society, and the Academy.
(6)	Maintaining the confidentiality of nonpublic information.
	
(c)	The North Carolina Physicians Health Program (Program) is an independent organization for medical professionals that provides screening, referral, monitoring, educational, and support services. The Board, Society, and the Academy may provide funds for the administration of the Program.
(d)	The Program shall report immediately to the Board detailed information about any licensee of the Board who meets any of the following criteria:
(1)	The licensee constitutes an imminent danger to patient care by reason of mental illness, physical illness, substance use disorder, professional sexual misconduct, or any other reason.
(2)	The licensee refuses to submit to an assessment as ordered by the Board, has entered into a monitoring contract and fails to comply with the terms of the Program's monitoring contract, or is still unsafe to practice medicine after treatment.
	
(e)	Any information acquired, created, or used in good faith by the Program pursuant to this section is privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than to the Board, the Program, or their employees or consultants. No person participating in good faith in the Program shall be required in a civil case to disclose the fact of participation in the Program or any information acquired or opinions, recommendations, or evaluations acquired or developed solely in the course of participating in the Program pursuant to this section.
(f)	Activities conducted in good faith pursuant to the agreement authorized by subsection (a) of this section shall not be grounds for civil action under the laws of this State.
(g)	Upon the written request of a licensee, the Program shall provide the licensee and the licensee's legal counsel with a copy of a written assessment of the licensee prepared as part of the licensee's participation in the Program. In addition, the licensee shall be entitled to a copy of any written assessment created by a treatment provider or facility at the recommendation of the Program, to the extent permitted by State and federal laws and regulations. Any information furnished to a licensee pursuant to this subsection shall be inadmissible in evidence and shall not be subject to discovery in any civil proceeding. However, this subsection shall not be construed to make information, documents, or records otherwise available for discovery or use in a civil action immune from discovery or use in a civil action merely because the information, documents, or records were included as part of the Program's assessment of the licensee or were the subject of information furnished to the licensee pursuant to this subsection. For purposes of this subsection, a civil action or proceeding shall not include administrative actions or proceedings conducted in accordance with Article 1 of Chapter 90 and Chapter 150B of the General Statutes.
(h)	The Board has authority to adopt, amend, or repeal rules as may be necessary to carry out and enforce the provisions of this section."
SECTION 2.(o)  G.S. 90‑16(d) is repealed.

AMEND DISPENSING OPTICIAN EXAMINATION QUALIFICATIONS AND APPRENTICESHIP REQUIREMENTS AND AUTHORIZE THE STATE BOARD OF OPTICIANS TO INCREASE CERTAIN LICENSURE FEES
SECTION 3.(a)  G.S. 90‑240 reads as rewritten:
"§ 90‑240.  Examination.
(a)	Applicants to take the examination for dispensing opticians shall be high school graduates or the equivalent who have done one of the following:
(1)	Successfully completed a two‑year course of training in an accredited school of opticianry with a minimum of 1600 hours.
(2)	Completed two and one‑half years of apprenticeship while registered with the Board under a licensed dispensing optician, with time spent in a recognized school credited as part of the apprenticeship period.
(3)	Completed two and one‑half years of apprenticeship while registered with the Board under the direct supervision of an optometrist or a physician specializing in ophthalmology, provided the supervising optometrist or physician elects to operate the apprenticeship under the same requirements applicable to dispensing opticians.
(a1)	Applicants to take the examination for dispensing opticians who are graduates from an accredited college or university with a four‑year degree or comparable degree in a health‑related field shall satisfy one of the following:
(1)	The requirements of subdivision (1) of subsection (a) of this section.
(2)	Successful completion of two years of apprenticeship while registered with the Board under a health care professional identified in subdivision (2) or (3) of subsection (a) of this section. The Board may adopt rules specifying the colleges, universities, and coursework that meet the accreditation requirements of this subsection.
(b)	The examination shall be confined to such knowledge as is reasonably necessary to engage in preparation and dispensing of optical devices and shall include the following:
(1)	The skills necessary for the proper analysis of prescriptions;
(2)	The skills necessary for the dispensing of eyeglasses and contact lenses; and
(3)	The processes by which the products offered by dispensing opticians are manufactured.
(c)	The examination shall be given at least twice each year at sites and on dates that are publicly announced 60 days in advance.
(d)	Each applicant shall, upon request, receive his or her examination score on each section of the examination.
(e)	The Board shall include as part or all of the examination, any nationally prepared and recognized examination, and will periodically review and validate any exam in use by the Board. The Board will credit an applicant with the score on any national test successfully completed in the three years immediately preceding the date the applicant is scheduled to take the North Carolina examination, to the extent that such test is included in the North Carolina examination. The Board shall adopt rules designating the nationally prepared and recognized examinations that will satisfy and serve as credit for parts or all of the North Carolina examination.
(f)	Completion of the six‑month internship required of all applicants under G.S. 90‑237(4) may, at the election of the applicant, occur before or after the applicant sits for the examination as provided in this section, so long as the applicant has met the minimum qualifications for examination under subsection (a) or (a1) of this section at the time the internship commences."
SECTION 3.(b)  G.S. 90‑245 reads as rewritten:
"§ 90‑245.  Collection of fees.
The administrator for the Board is hereby authorized and empowered to collect in the name and on behalf of this Board the fees prescribed by this Article and shall turn over to the State Treasurer all funds collected or received under this Article, which funds shall be credited to the North Carolina State Board of Opticians, and said funds shall be held and expended under the supervision of the Director of the Budget of the State of North Carolina exclusively for the administration and enforcement of the provisions of this Article. Nothing in this Article shall be construed to authorize any expenditure in excess of the amount available from time to time in the hands of the State Treasurer derived from the fees collected under the provisions of this Article and received by the State Treasurer in the manner aforesaid."
SECTION 3.(c)  G.S. 90‑246 reads as rewritten:
"§ 90‑246.  Fees.
In order to provide the means of administering and enforcing the provisions of this Article and the other duties of the North Carolina State Board of Opticians, the Board is hereby authorized to charge and collect the following fees:
(1)	Each examination	$300.00
(2)	Each initial license	$100.00
(3)	Each renewal of license	$150.00
(4)	Each license issued to a practitioner of another
	state to practice in this State	$300.00
(5)	Each registration of an optical place of business	$ 75.00
(6)	Each application for registration as an opticianry
	apprentice or intern, and renewals thereof	$ 35.00
(7)	Repealed by Session Laws 1997‑424, s. 4.
(8)	Each registration of a training establishment	$ 35.00
(9)	Each license verification	$ 15.00
(10)	Each registration of an optician in charge	$ 50.00
(11)	Late fee for restoration of an expired license
	within the first year after expiration	$ 75.00
(12)	Late fee for restoration of an expired license
	within the second year after expiration	$150.00
(13)	Restoration fee for an inactive license
	within the second year	$100.00."
SECTION 3.(d)  G.S. 90‑249 is amended by adding a new subdivision to read:
"(10a)	Designation of accredited colleges, universities, and coursework that satisfy the qualifications for examination pursuant to G.S. 90‑240(a1)."

INCREASE THE FEE FOR REAL ESTATE BROKER LICENSE APPLICATIONS AND REINSTATEMENTS AND INCREASE THE CAP FOR RENEWAL FEES
SECTION 4.(a)  G.S. 93A‑4 reads as rewritten:
"§ 93A‑4.  Applications for licenses; fees; qualifications; examinations; privilege licenses; renewal or reinstatement of license; power to enforce provisions.
(a)	Any person, partnership, corporation, limited liability company, association, or other business entity hereafter desiring to enter into business of and obtain a license as a real estate broker shall make written application for such license to the Commission in the form and manner prescribed by the Commission. Each applicant for a license as a real estate broker shall be at least 18 years of age. Each applicant for a license as a real estate broker shall, within three years preceding the date the application is made, have satisfactorily completed, at a school approved by the Commission, an education program consisting of at least 75 hours of instruction in subjects determined by the Commission, or shall possess real estate education or experience in real estate transactions which the Commission shall find equivalent to the education program. Each applicant for a license as a real estate broker shall be required to pay a fee. The application fee shall be one hundred dollars ($100.00) unless the Commission sets the fee at a higher amount by rule; however, the Commission shall not set a fee that exceeds one hundred twenty dollars ($120.00). The application fee shall not increase by more than five dollars ($5.00) during a 12‑month period.
(a1)	Each person who is issued a real estate broker license on or after April 1, 2006, shall initially be classified as a provisional broker and shall, within three years following initial licensure, satisfactorily complete, at a school approved by the Commission, a postlicensing education program consisting of 90 hours of instruction in subjects determined by the Commission or shall possess real estate education or experience in real estate transactions which the Commission shall find equivalent to the education program. The Commission may, by rule, establish a schedule for completion of the prescribed postlicensing education that requires provisional brokers to complete portions of the 90‑hour postlicensing education program in less than three years, and provisional brokers must comply with this schedule in order to be entitled to actively engage in real estate brokerage. Upon completion of the postlicensing education program, the provisional status of the broker's license shall be terminated. When a provisional broker fails to complete all 90 hours of required postlicensing education within three years following initial licensure, the broker's license shall be placed on inactive status. The broker's license shall not be returned to active status until he or she has satisfied such requirements as the Commission may by rule require. Every license cancelled after April 1, 2009, because the licensee failed to complete postlicensing education shall be reinstated on inactive status until such time as the licensee satisfies the requirements for returning to active status as the Commission may by rule require.
…
(c)	All licenses issued by the Commission under the provisions of this Chapter shall expire on the 30th day of June following issuance or on any other date that the Commission may determine and shall become invalid after that date unless reinstated. A license may be renewed 45 days prior to the expiration date by filing an application with and paying to the Executive Director of the Commission the license renewal fee. The license renewal fee shall be forty‑five dollars ($45.00) unless the Commission sets the fee at a higher amount by rule; however, the Commission shall not set the license renewal fee at an amount that exceeds sixty dollars ($60.00). The license renewal fee may not increase by more than five dollars ($5.00) during a 12‑month period. The Commission may adopt rules establishing a system of license renewal in which the licenses expire annually with varying expiration dates. These rules shall provide for prorating the annual fee to cover the initial renewal period so that no licensee shall be charged an amount greater than the annual fee for any 12‑month period. The fee for reinstatement of an expired, revoked, or suspended license shall be an amount equal to two times the license renewal fee at the time the application for reinstatement is submitted. In the event a licensee fails to obtain a reinstatement of such license within six months after the expiration date thereof, the Commission may, in its discretion, consider such person as not having been previously licensed, and thereby subject to the provisions of this Chapter relating to the issuance of an original license, including the examination requirements set forth herein. Duplicate licenses may be issued by the Commission upon payment of a fee of five dollars ($5.00) by the licensee. Commission certification of a licensee's license history shall be made only after the payment of a fee of ten dollars ($10.00).
…."
SECTION 4.(b)  This section becomes effective July 1, 2017.

EFFECTIVE DATE
SECTION 5.  Except as otherwise provided, this act becomes effective October 1, 2016.
In the General Assembly read three times and ratified this the 1st day of July, 2016.

	s/	 Louis M. Pate, Jr.
	 Presiding Officer of the Senate

	s/	 Tim Moore
	 Speaker of the House of Representatives

	s/	 Pat McCrory
	 Governor

Approved 8:03 a.m. this 28th day of July, 2016