A BILL TO BE ENTITLED
AN ACT to require health care practitioners to wear identification notifying patients of the health care practitioner's appropriate licensure.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  The title of Article 37 of Chapter 90 of the General Statutes reads as rewritten:
"Article 37.
"Health Care Practitioner Transparency Act."
SECTION 1.(b)  Article 37 of Chapter 90 of the General Statutes is amended by adding new sections to read:
"§ 90‑640.  Short title.
This act shall be known as the "Health Care Practitioner Transparency Act."
"§ 90‑641.  Definitions.
The following definitions apply in this Article:
(1)	Advertisement. – Any communication or statement that is printed, electronic, or oral which names the health care practitioner in relation to their practice, profession, or institution where the health care practitioner is employed, volunteers, or otherwise provides health care services, including business cards, letterhead, patient brochures, e‑mail, Internet, audio and video, or any other communication or statement used in the course of business.
(2)	Deceptive or misleading. – Any verbal or written representation or advertisement that misstates, falsely describes, or holds out in a false light the profession, skills, expertise, education, board certification, or licensure of the health care professional.
(3)	Health care practitioner. – An individual who is licensed, certified, or registered to engage in the practice of medicine, nursing, dentistry, pharmacy, or any related occupation involving the direct provision of health care to patients.
(4)	Licensee. – A health care practitioner who holds an active license with a licensing board that governs the health care practitioner's occupation in this State."
SECTION 1.(c)  G.S. 90‑640 is recodified as G.S. 90‑642 and reads as rewritten:
"§ 90‑642.  Identification and advertisement requirements.
(a)	An advertisement for health care services that names a health care practitioner must identify the type of license held by the health care practitioner. The advertisement shall not contain any deceptive or misleading information.
(b)	When providing health care to a patient, a health care practitioner shall wear a badge or other form of identification displaying (i) a recent photograph of the health care practitioner, (ii) the health care practitioner's name, (iii) the license, certification, or registration held by the health care practitioner, and (iv) the expiration date of the health care practitioner's license. The badge or other form of identification shall be of sufficient size and be worn in a conspicuous manner to be visible and apparent.
(c)	The health care practitioner shall display a written document in the health care practitioner's office that clearly identifies the type of license, certification, or registration held by the health care practitioner, and the name and type of license of the health care practitioner can be readily determined by the patient from the posted license.
	
(d1)	A health care practitioner shall not make a representation about the health care practitioner's license, certification, or registration that is deceptive or misleading.
	
(f)	Any health care practitioner who practices in more than one office shall be required to comply with this Article in each practice setting.
(g)	A medical doctor or doctor of osteopathic medicine who supervises or participates in collaborative practice agreements with other health care practitioners or professionals who provide any type of health care services, who are not medical doctors or doctors of osteopathic medicine, shall post, in a conspicuous location in each office, a schedule of the regular hours when the medical doctor or doctor of osteopathic medicine will be present in that office.
(h)	Health care practitioners that work in non‑patient settings and do not have any direct patient health care interactions are not subject to this Article."
SECTION 1.(d)  Article 37 of Chapter 90 of the General Statutes is amended by adding new a section to read:
"§ 90‑643.  Violations and enforcement.
(a)	Any health care practitioner subject to this Article who does any of the following shall be in violation of this Article:
(1)	Knowingly aids, assists, procures, employs, or advises an unlicensed individual or entity in practicing or engaging in acts outside the scope of the health care practitioner's degree of licensure.
(2)	Knowingly delegates or contracts the performance of health care services to a health care practitioner that is unqualified to perform those health care services.
(3)	Fails to comply with any provision of this Article.
(b)	Any health care practitioner who violates this Article as provided under subsection (a) of this section shall be guilty of unprofessional conduct and may be subject to disciplinary action under the health care practitioner's licensure board or other appropriate governing provisions.
(c)	Any person who is injured or suffers damages as a result of a violation of this Article may maintain an action in the Wake County Superior Court for injunctive relief against any health care practitioner who has committed a violation of this Article.
(d)	Each day of noncompliance with this Article by a health care practitioner shall constitute a separate and distinct violation."
SECTION 2.  This act becomes effective October 1, 2019.