GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

SESSION LAW 1997-514

SENATE BILL 780

AN ACT REQUIRING THAT NONRESIDENT PHYSICIANS WHO TREAT PATIENTS IN THIS STATE THROUGH THE USE OF ELECTRONIC OR OTHER MEDIUMS SHALL BE LICENSED IN THIS STATE AND SHALL BE SUBJECT TO REASONABLE REGULATIONS BY THE NORTH CAROLINA MEDICAL BOARD.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 90-18 reads as rewritten:

"§ 90-18.  Practicing without license; practicing defined; penalties.

(a)       No person shall practice medicine or surgery, or any of the branches thereof, nor in any case prescribe for the cure of diseases unless he the person shall have been first licensed and registered so to do in the manner provided in this Article, and if any person shall practice medicine or surgery without being duly licensed and registered, as provided in this Article, he the person shall not be allowed to maintain any action to collect any fee for such services. The person so practicing without license shall be guilty of a Class 1 misdemeanor.

(b)       Any person shall be regarded as practicing medicine or surgery within the meaning of this Article who shall diagnose or attempt to diagnose, treat or attempt to treat, operate or attempt to operate on, or prescribe for or administer to, or profess to treat any human ailment, physical or mental, or any physical injury to or deformity of another person: person.  A person who resides in any state and who, by use of any electronic or other mediums, performs any of the acts described in this subsection shall be regarded as practicing medicine or surgery and shall be subject to the provisions of this Article and appropriate regulation by the North Carolina Medical Board.

(c) Provided, that the The following cases shall not come within the definition above recited: constitute practicing medicine or surgery as defined in subsection (b) of this section:

(1)       The administration of domestic or family remedies in cases of emergency.

(2)       The practice of dentistry by any legally licensed dentist engaged in the practice of dentistry and dental surgery.

(3)       The practice of pharmacy by any legally licensed pharmacist engaged in the practice of pharmacy.

(4)       The practice of medicine and surgery by any surgeon or physician of the United States army, navy, or public health service in the discharge of his official duties.

(5)       The treatment of the sick or suffering by mental or spiritual means without the use of any drugs or other material means.

(6)       The practice of optometry by any legally licensed optometrist engaged in the practice of optometry.

(7)       The practice of midwifery as defined in G.S. 90-178.2.

(8)       The practice of chiropody by any legally licensed chiropodist when engaged in the practice of chiropody, and without the use of any drug.

(9)       The practice of osteopathy by any legally licensed osteopath when engaged in the practice of osteopathy as defined by law, and especially G.S. 90-129.

(10)     The practice of chiropractic by any legally licensed chiropractor when engaged in the practice of chiropractic as defined by law, and without the use of any drug or surgery.

(11)     The practice of medicine or surgery by any nonregistered reputable physician or surgeon in a neighboring state coming who comes into this State for consultation State, either in person or by use of any electronic or other mediums, on an irregular basis, to consult with a resident registered physician. physician or to consult with personnel at a medical school about educational or medical training. This proviso shall not apply to physicians resident in a neighboring state and regularly practicing in this State.

(12)     Any person practicing radiology as hereinafter defined shall be deemed to be engaged in the practice of medicine within the meaning of this Article. "Radiology" shall be defined as, that method of medical practice in which demonstration and examination of the normal and abnormal structures, parts or functions of the human body are made by use of X ray. Any person shall be regarded as engaged in the practice of radiology who makes or offers to make, for a consideration, a demonstration or examination of a human being or a part or parts of a human body by means of fluoroscopic exhibition or by the shadow imagery registered with photographic materials and the use of X rays; or holds himself out to diagnose or able to make or makes any interpretation or explanation by word of mouth, writing or otherwise of the meaning of such fluoroscopic or registered shadow imagery of any part of the human body by use of X rays; or who treats any disease or condition of the human body by the application of X rays or radium. Nothing in this subdivision shall prevent the practice of radiology by any person licensed under the provisions of Articles 2, 7, 8, and 12A of this Chapter.

(13)     Any act, task or function performed by an assistant to a person licensed as a physician by the North Carolina Medical Board when

a.         Such assistant is approved by and annually registered with the Board as one qualified by training or experience to function as an assistant to a physician, except that no more than two assistants may be currently registered for any physician, and

b.         Such act, task or function is performed at the direction or under the supervision of such physician, in accordance with rules and regulations promulgated by the Board, and

c.         The services of the assistant are limited to assisting the physician in the particular field or fields for which the assistant has been trained, approved and registered;

Provided that this subdivision shall not limit or prevent any physician from delegating to a qualified person any acts, tasks or functions which are otherwise permitted by law or established by custom.

(14)     The practice of nursing by a registered nurse engaged in the practice of nursing and the performance of acts otherwise constituting medical practice by a registered nurse when performed in accordance with rules and regulations developed by a joint subcommittee of the North Carolina Medical Board and the Board of Nursing and adopted by both boards.

(15)     The practice of dietetics/nutrition by a licensed dietitian/nutritionist under the provisions of Article 25 of this Chapter.

(16)     The practice of acupuncture by a licensed acupuncturist in accordance with the provisions of Article 30 of this Chapter."

Section 2. Article 1B of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90-21.12A.  Nonresident physicians.

A patient may bring a medical malpractice claim in the courts of this State against a nonresident physician who practices medicine or surgery by use of any electronic or other media in this State."

Section 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 28th day of August, 1997.

s/   Marc Basnight

President Pro Tempore of the Senate

s/   Harold J. Brubaker

Speaker of the House of Representatives

s/   James B. Hunt, Jr.

Governor

Approved 10:30 a.m. this 17th day of September, 1997