AN ACT to promote health care PRACTITIONER transparency through advertisement requirements.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Article 37 of Chapter 90 of the General Statutes is amended by adding a new Part 1 to be entitled Health Care Practitioner Identification and to consist of G.S. 90‑640.

SECTION 1.(b)  Article 37 of Chapter 90 of the General Statutes is amended by adding a new Part to read:

Part 2. Health Care Practitioner Transparency Act.

§ 90‑645.  Short title.

This Part shall be known as the Health Care Practitioner Transparency Act.

§ 90‑646.  Definitions.

The following definitions apply in this Part:

(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, email, 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.

§ 90‑647.  Advertisement and representation requirements.

(a)        An advertisement for health care services that names a health care practitioner shall identify the type of license, certification, or registration held by the health care practitioner. The advertisement shall not contain any deceptive or misleading information.

(b)        A health care practitioner shall not make a representation about the health care practitioner's license, certification, or registration that is deceptive or misleading.

(c)        Any individual not licensed to practice medicine under Article 1 of this Chapter shall not hold himself or herself out to the public by calling oneself a physician or any of the following titles, or using any similar title or description of services with the intent to represent that the individual practices medicine: surgeon, medical doctor, doctor of osteopathy, M.D., D.O., anesthesiologist, cardiologist, dermatologist, endocrinologist, gastroenterologist, general practitioner, gynecologist, hematologist, hospitalist, internist, intensivist, laborist, laryngologist, nephrologist, neurologist, obstetrician, oncologist, ophthalmologist, orthopedic surgeon, orthopedist, osteopath, otologist, otolaryngologist, otorhinolaryngologist, pathologist, pediatrician, primary care physician, proctologist, psychiatrist, radiologist, rheumatologist, rhinologist, or urologist. Nothing in this subsection shall be construed to prevent a health care practitioner from using any title or abbreviation which is authorized for such health care practitioner pursuant to licensing statutes.

§ 90‑648.  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 of 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)        Each day of noncompliance with this Article by a health care practitioner shall constitute a separate and distinct violation.

(d)       Any health care practitioner who practices in more than one office shall be required to comply with this Article in each practice setting.

(e)        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 2.  The following boards shall adopt temporary rules to implement the provisions of this act. Those temporary rules shall remain in effect until permanent rules are adopted that replace those temporary rules:

(1)        North Carolina Medical Board.

(2)        North Carolina Board of Nursing.

(3)        North Carolina Board of Pharmacy.

(4)        North Carolina State Board of Dental Examiners.

(5)        North Carolina Addictions Specialist Professional Practice Board.

(6)        North Carolina State Board of Examiners in Optometry.

(7)        North Carolina State Board of Chiropractic Examiners.

(8)        Board of Podiatry Examiners for the State of North Carolina.

(9)        Board of Licensed Clinical Mental Health Counselors.

(10)      North Carolina Psychology Board.

(11)      North Carolina Respiratory Care Board.

(12)      Board of Examiners for Speech and Language Pathologists and Audiologists.

(13)      North Carolina Board of Physical Therapy Examiners.

(14)      North Carolina Board of Occupational Therapy.

(15)      North Carolina Board of Dietetics/Nutrition.

SECTION 3.  Except as otherwise provided, this act becomes effective October 1, 2025.