North Carolina SB 1038: Henry's Law.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1038

Short Title: Henry's Law. (Public)
Sponsors: Senator Lee (Primary Sponsor).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1038-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE DENTISTS TO REPORT ADVERSE EVENTS TO THE NORTH 2
CAROLINA BOARD OF DENTAL EXAMINERS AND TO DIRECT THE 3
COLLABORATORY TO CONDUCT A STUDY OF ANESTHESIA PROVIDER 4
REQUIREMENTS AND APPROPRIATE FUNDS FOR THAT PURPOSE. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Article 2 of Chapter 90 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 90-30.3. Reports of adverse events. 9
(a) A dentist who holds a permit to administer general anesthesia or sedation shall submit 10
an adverse event report to the Board within 72 hours after each adverse event if the patient dies 11
or has permanent organic brain dysfunction within 24 hours after the administration of general 12
anesthesia or sedation. Sedation permit holders shall cease administration of sedation until the 13
Board has investigated the death or permanent organic brain dysfunction and approved 14
resumption of permit privileges. General anesthesia permit holders shall cease administration of 15
general anesthesia and sedation until the Board has reviewed the adverse event report and 16
approved resumption of permit privileges. 17
(b) A dentist who holds a permit to administer general anesthesia or sedation shall submit 18
an adverse event report to the Board within 30 days after each adverse event if the patient is 19
admitted to a hospital on inpatient status for a medical emergency or physical injury within 24 20
hours after the administration of general anesthesia or sedation. 21
(c) A dentist who holds a permit to administer general anesthesia or sedation shall submit 22
an adverse event report to the Board within 30 days after each adverse event. 23
(d) The adverse event report shall be in writing and shall include, at a minimum, all of 24
the following: 25
(1) Dentist's name, license number, and permit number. 26
(2) Date and time of the occurrence. 27
(3) Facility where the occurrence took place. 28
(4) Name and address of the patient. 29
(5) Surgical procedure involved. 30
(6) Type and dosage of sedation or anesthesia utilized in the procedure. 31
(7) Circumstances involved in the occurrence. 32
(8) The entire patient treatment record, including anesthesia records. 33
(e) Upon receipt of an adverse event report under this section, the Board shall investigate 34
and shall take disciplinary action if the evidence demonstrates that a licensee has violated this 35
Article. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1038-First Edition
(f) For the purposes of this section, the term "adverse event" means any of the following 1
clinical emergencies: anaphylaxis, aspiration, cardiac arrest, or unplanned advanced airway 2
placement." 3
SECTION 2. The North Carolina Policy Collaboratory at the University of North 4
Carolina at Chapel Hill shall conduct a study to evaluate whether a second health care provider 5
who is qualified to provide anesthesia services is needed when utilizing drugs that can lead to 6
deep sedation, such as propofol. The Collaboratory shall submit a report to the Joint Legislative 7
Oversight Committee on Health and Human Services by April 1, 2027, with any legislative 8
recommendations addressing this issue. 9
SECTION 3. There is appropriated from the General Fund to the Board of Governors 10
of The University of North Carolina to allocate to the North Carolina Policy Collaboratory at the 11
University of North Carolina at Chapel Hill the sum of one hundred thousand dollars ($100,000) 12
in nonrecurring funds for the 2026-2027 fiscal year to conduct the study under Section 2 of this 13
act. 14
SECTION 4. Section 1 of this act becomes effective October 1, 2026. Section 3 of 15
this act becomes effective July 1, 2026. The remainder of this act is effective when it becomes 16
law. 17