North Carolina HB 71: Raise Age Limit for Justices/Judges.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 71
Committee Substitute Favorable 3/11/25

Short Title: Respiratory Care Modernization Act. (Public)
Sponsors:
Referred to:
February 11, 2025
*H71-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO UPDATE THE GENERAL STATUTES OF NORTH CAROLINA GOVERNING 2
THE PRACTICE OF RESPIRATORY CARE TO BETTER REFLECT THE CHANGES IN 3
EDUCATION, EXPERIENCE, AND PRACTICE OF THE PROFESSION IN ORDER TO 4
ENHANCE THE HEALTH AND WELFARE OF NORTH CAROLINA CITIZENS. 5
Whereas, it is the intention of the North Carolina General Assembly to promote the 6
health and welfare of the citizens of this State; and 7
Whereas, the COVID-19 pandemic has placed increasing demands on all health care 8
professionals; and 9
Whereas, it is the intention of the North Carolina General Assembly that statutes 10
governing the profession of respiratory care reflect current practices, improvements, and other 11
developments that have occurred in the profession; and 12
Whereas, the current statutory language does not fully encompass current practices, 13
improvements, and other developments; Now, therefore, 14
The General Assembly of North Carolina enacts: 15
SECTION 1. Article 38 of Chapter 90 of the General Statutes reads as rewritten: 16
"Article 38. 17
"Respiratory Care Practice Act. 18
... 19
"§ 90-648. Definitions. 20
The following definitions apply in this Article: 21
(1) Advanced respiratory care practitioner (ARCP). – A person licensed in this 22
State who has gained additional specialized knowledge, skills, and experience 23
through a postgraduate advanced practice respiratory therapy program of 24
study as defined by the Board and is authorized to perform advanced 25
respiratory therapy practices under the supervision of a physician licensed to 26
practice medicine in accordance with Article 1 of this Chapter. 27
(1a) Advanced respiratory care procedures. – Procedures that require additional 28
competency training in accordance with rules adopted by the Board. 29
(1)(1b) Board. – The North Carolina Respiratory Care Board. 30
(2) Diagnostic testing. – Cardiopulmonary procedures and tests performed on the 31
written order of a physician licensed under Article 1 of this Chapter that 32
provide information to the physician to formulate a diagnosis of the patient's 33
condition. The tests and procedures may include pulmonary function testing, 34
electrocardiograph testing, cardiac stress testing, and sleep related testing. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 71-Second Edition
(3) Direct supervision. – The authority and responsibility to direct the 1
performance of activities as established by policies and procedures for safe 2
and appropriate completion of services. 3
(3a) Endorsement. – A designation issued by the Board recognizing the person 4
named on the endorsement as having met the requirements to perform 5
advanced respiratory care procedures as defined by rules adopted by the 6
Board. 7
(4) Individual. – A human being. 8
(4a) Invasive diagnostic and therapeutic procedure. – Any test or treatment that 9
uses instruments to cut, puncture, or otherwise enter the body. 10
(5) License. – A certificate issued by the Board recognizing the person named 11
therein as having met the requirements to practice respiratory care as defined 12
in this Article.Article as a respiratory care practitioner or advanced respiratory 13
care practitioner. 14
(6) Licensee. – A person who has been issued a license under this Article. 15
(7) Medical director. – An appointed physician who is licensed under Article 1 of 16
this Chapter and a member of the entity's medical staff, and who is granted 17
the authority and responsibility for assuring and establishing policies and 18
procedures and that the provision of such is provided to the quality, safety, 19
and appropriateness standards as recognized within the defined scope of 20
practice for the entity. 21
(8) Person. – An individual, corporation, partnership, association, unit of 22
government, or other legal entity. 23
(9) Physician. – A doctor of medicine An individual licensed to practice medicine 24
by the State of North Carolina in accordance with Article 1 of this Chapter. 25
(9a) Practice of advanced practice respiratory therapy. – The scope of practice as 26
determined by the supervising physician at the practice level in any health care 27
setting authorized by the supervising physician and the Board. It shall not 28
include (i) medical diagnosis; (ii) prescribing; (iii) interpretation of medical 29
diagnostic imaging studies; (iv) final interpretation of sleep studies or 30
pulmonary function tests; (v) surgery; (vi) delivery of anesthesia; and (vii) 31
unless a physician is physically present to supervise the advanced practice 32
respiratory care therapist or the procedure is provided pursuant to subdivision 33
(10) of this section, the ordering or performance of diagnostic and therapeutic 34
procedures that are more th