GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

 

 

SESSION LAW 1999-320

SENATE BILL 951

 

 

AN ACT TO PROTECT PATIENTS' RIGHTS BY REQUIRING NAME BADGES OR OTHER IDENTIFICATION FOR HEALTH CARE PRACTITIONERS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 90 of the General Statutes is amended by adding the following new Article to read:

"ARTICLE 37.

"Health Care Practitioner Identification.

"§ 90-640. Identification badges required.

(a)       For purposes of this section, 'health care practitioner' means 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.

(b)       When providing health care to a patient, a health care practitioner shall wear a badge or other form of identification displaying in readily visible type the individual's name and the license, certification, or registration held by the practitioner.  If the identity of the individual's license, certification, or registration is commonly expressed by an abbreviation rather than by full title, that abbreviation may be used on the badge or other identification.

(c)       The badge or other form of identification is not required to be worn if the patient is being seen in the health care practitioner's office and, the name and license of the practitioner can be readily determined by the patient from a posted license, a sign in the office, a brochure provided to patients, or otherwise.

(d)       Each licensing board or other regulatory authority for health care practitioners may adopt rules for exemptions from wearing a badge or other form of identification, or for allowing use of the practitioner's first name only, when necessary for the health care practitioner's safety or for therapeutic concerns.

(e)       Violation of this section is a ground for disciplinary action against the health care practitioner by the practitioner's licensing board or other regulatory authority."

Section 2.  G.S. 90-171.43 reads as rewritten:

"§ 90-171.43.  License required.

No person shall practice or offer to practice as or use any card, title or abbreviation to indicate that such person is a registered nurse or licensed practical nurse unless that person is currently licensed as provided by this Article. No person shall practice or offer to practice as a registered nurse or licensed practical nurse, or use the word 'nurse' as a title for herself or himself, or use an abbreviation to indicate that the person is a registered nurse or licensed practical nurse, unless the person is currently licensed as a registered nurse or licensed practical nurse as provided by this Article.  If the word 'nurse' is part of a longer title, such as 'nurse's aide', a person who is entitled to use that title shall use the entire title and may not abbreviate the title to 'nurse'.  This Article shall not, however, be construed to prohibit or limit the following:

(1)       The performance by any person of any act for which that person holds a license issued pursuant to North Carolina law;

(2)       The clinical practice by students enrolled in approved nursing programs, continuing education programs, or refresher courses under the supervision of qualified faculty;

(3)       The performance of nursing performed by persons who hold a temporary license issued pursuant to G.S. 90-171.33;

(4)       The delegation to any person, including a member of the patient's family, by a physician licensed to practice medicine in North Carolina, a licensed dentist or registered nurse of those patient-care services which are routine, repetitive, limited in scope that do not require the professional judgment of a registered nurse or licensed practical nurse;

(5)       Assistance by any person in the case of emergency.

Any person permitted to practice nursing without a license as provided in subdivision (2) or (3) of this section shall be held to the same standard of care as any licensed nurse."

Section 3.  This act becomes effective October 1, 1999, but from October 1, 1999, to October 1, 2001, all health care practitioners are required to wear name badges only.  Effective October 1, 2001, all health care practitioners shall be in full compliance with this act.

In the General Assembly read three times and ratified this the 12th day of July, 1999.

 

 

s/   Dennis A. Wicker

President of the Senate

 

 

s/   James B. Black

Speaker of the House of Representatives

 

 

s/   James B. Hunt, Jr.

Governor

 

 

Approved 10:05 p.m. this 15th day of July, 1999