North Carolina SB 673: Protect Physicians Voices/Freedom of Movement.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 673

Short Title: Protect Physicians Voices/Freedom of Movement. (Public)
Sponsors: Senators Burgin and Mayfield (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S673-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER PROTECTION 2
LAWS AND TO PROVIDE WHISTLEBLOWER PROTECTION AND EMPLOYMENT 3
PROTECTIONS FOR HEALTH CARE PROFESSIONALS. 4
The General Assembly of North Carolina enacts: 5
6
PART I. MAKE NONCLINICAL SERVICES SUBJECT TO CONSUMER 7
PROTECTION LAWS 8
SECTION 1. G.S. 75-1.1 is amended by adding a new subsection to read: 9
"(c2) The learned profession exception of this section applies to health care providers, as 10
defined in G.S. 90-21.11, only for acts and omissions directly related to the provision of medical, 11
dental, or other health care that are subject to litigation under Article 1B of Chapter 90 of the 12
General Statutes." 13
14
PART II. PROVIDE WHISTLEBLOWER PROTECTION FOR HEALTH CARE 15
PROFESSIONALS 16
SECTION 2.(a) Article 3 of Chapter 95 of the General Statutes is amended by adding 17
a new section to read: 18
"§ 95-28.1B. Health care professional whistleblower protection. 19
(a) The following definitions apply in this section: 20
(1) Health care professional. – An individual who is a licensed physician, 21
physician assistant, advanced practice registered nurse as defined by the North 22
Carolina Board of Nursing, or registered nurse. 23
(2) Hospital. – Any of the following: 24
a. A facility that has an organized medical staff and is designed, used, 25
and operated to provide health care, diagnostic and therapeutic 26
services, and continuous nursing care primarily to inpatients where 27
such care and services are rendered under the supervision and direction 28
of physicians licensed under Chapter 90 of the General Statutes, 29
Article 1, to two or more persons over a period in excess of 24 hours. 30
b. A facility designated by the Centers for Medicare and Medicaid 31
Services as a rural emergency hospital as defined under 42 C.F.R. § 32
485.502 or under section 125 of Division CC of the Consolidated 33
Appropriations Act of 2021, Public Law 116-260. 34
c. Any outpatient department including a portion of a hospital operated 35
as an outpatient department, on or off of the hospital's main campus, 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 673-First Edition
that is operated under the hospital's control or ownership and is 1
classified as a Business Occupancy by the Life Safety Code of the 2
National Fire Protection Association as referenced under 42 C.F.R. § 3
482.41. 4
d. Any hospital-owned medical practice. 5
(3) Medical staff bylaws. – A document that is required by a licensing, 6
accrediting, or regulatory body that governs the organization and operation of 7
a hospital's medical staff by defining the structure, roles, responsibilities, and 8
relationships between the medical staff, stakeholders, hospital administration, 9
and hospital governing board. 10
(4) Stakeholder. – An incorporator, officer, director, shareholder, or employee of 11
a (i) professional corporation as defined by G.S. 55B-2 or (ii) domestic or 12
foreign entity that provides non-clinical services to a professional corporation 13
as defined by G.S. 55B-2 rendering professional service under Article 1 of 14
Chapter 90 of the General Statutes. 15
(b) It is the policy of this State that health care professionals have the right to report 16
violations of medical staff bylaws to appropriate authorities and make comments concerning 17
patient care for the protection of the public. Therefore, no person, firm, corporation, or 18
unincorporated association, or a stakeholder, may subject a health care professional to adverse 19
action including but not limited to withdrawal of hospital privileges, termination, demotion, 20
compensation reduction, or hostile work environment for reporting a violation of medical staff 21
bylaws or making comments concerning patient care." 22
SECTION 2.(b) G.S. 95-241(a)(1) reads as rewritten: 23
"(a) No person shall discriminate or take any retaliatory action against an employee 24
because the employee in good faith does or threatens to do any of the following: 25
(1) File a claim or complaint, initiate any inquiry, investigation, inspection, 26
proceeding or other action, or testify or provide information to any person 27
with respect to any of the following: 28
... 29
f. G.S. 95-28.1A.G.S. 95-28.1A or G.S. 95-28.1B. 30
...." 31
SECTION 2.(c) This Part is effective when it becomes law and applies to employers, 32
employees, and prospective employees on or after that date. 33
34
PART III. LIMITATIONS ON AGREEMENTS WITH HEALTH CARE 35
PROFESSIONALS 36
SECTION 3.(a) Chapter 66 of the General Statutes is amended by adding a new 37
Article to read: 38
"Article 52. 39
"Limitations on Agreements With Health Care Professionals. 40
"§ 66-50