House amendment makes the following changes to 2nd edition, as amended. Deletes the word 'related' throughout the act. Rewrites proposed GS 90-411.1(b) to provide that a health care provider (1) must furnish requested pathological materials and medical records within 30 days of the receipt of request, (2) may charge a reasonable fee, (3) must transfer any pathological materials in accordance with best medical practices, and (4) must not release any pathological materials in a manner that would endanger the public health or safety, or violate applicable laws and regulations
relating to the safe handling and transfer of pathological materials. Creates new subsection (e) to GS 90-411.1, stating that nothing in the statute changes or interferes with the best practices and accepted medical standards of the health care provider. Amends proposed GS 90-411.1(a), clarifying that the authorization from the patient must be written and witnessed (rather than notarized).
Bill Summaries: H795 (2011-2012 Session)
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Bill H 795 (2011-2012)Summary date: May 18 2011 - View summary
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Bill H 795 (2011-2012)Summary date: May 16 2011 - View summary
House amendment makes the following changes to 1st edition. Amends proposed GS 90-411.1(a), clarifying that a health care provider must furnish specified pathological materials and all other medical records of the patient in the provider's possession (was, any medical records that pertain to the pathological materials) upon receipt of written, notarized authorization from the patient. Makes a conforming change. Clarifies the definition of pathological materials, as used in GS 90-411.1(d)(2), to include the pathology report.
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Bill H 795 (2011-2012)Summary date: May 12 2011 - View summary
House committee substitute makes the following changes to 1st edition. Amends proposed GS 90-411.1 to define patient as the individual, the individual's legal counsel, the individual's attorney-in-fact, the individual's legal guardian, the personal representative of the estate of that individual, or a person listed in GS 90-210.124(a)(2)a-e, if the individual is deceased. Makes a conforming change deleting the use of the phrase patient or patient's representative and substituting the term patient as defined in the amended language. Provides that a health care provider (was, licensed health care provider or health care facility) is to furnish specified pathological materials collected from the patient and any relevant medical records upon receipt of an authorized request from the patient. Provides that the patient's written authorization to the health care provider must be notarized (was, signed). Does not require a written request signed by a patient's legal counsel to be notarized. Prohibits application of this proposed statute to any pathological materials collected as evidence of a criminal offense or as evidence of paternity. Allows a health care provider to charge a reasonable fee for furnishing requested materials and medical records pursuant to GS 90-411 (was, may charge a fee to cover costs).
Makes organizational changes and conforming changes to the title to reflect changes in the bill's content.
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Bill H 795 (2011-2012)Summary date: Apr 7 2011 - View summary
Adds new section GS 90-411.1 to require health care providers and facilities licensed in North Carolina to, upon request, furnish to a patient or his or her designated representative pathological materials collected from the patient. Defines pathological materials to include cytological materials, bodily fluids, tissues, organs, medical waste, paraffin blocks, and pathology slides. Requires that the requested materials and complete copies of any related medical records be provided within 30 days of the request and allows the provider or facility to charge a reasonable fee to cover the cost of providing them. Effective October 1, 2011, and applies to requests made on or after that date.