NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 396
SENATE BILL 210

AN ACT TO PRESCRIBE CERTAIN RIGHTS OF INDIVIDUALS RELATIVE TO OBTAINING EYE CARE OR VISION FROM PRACTITIONERS LICENSED BY THE STATE.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 57, Section 1 of the General Statutes of North Carolina is hereby amended by striking the period at the end of the third paragraph and inserting in lieu thereof a comma and adding the following:
"except that in any plan in any policy of insurance governed by this Chapter that includes services which are within the scope of practice of a duly licensed optometrist and a duly licensed physician, then the insured or beneficiary shall have the right to choose the provider of the care or service, and shall be entitled to payment of or reimbursement for such care or service, whether the provider be a duly licensed optometrist or a duly licensed physician notwithstanding any provision to the contrary contained in such policy."
Sec. 2.  Subchapter VI, Article 27 of Chapter 58 of the General Statutes of North Carolina, is hereby amended by adding a new paragraph at the end of G.S. 58-260 to read as follows:
"Whenever any policy of insurance governed by this Chapter provides for payment of or reimbursement for any service which is within the scope of practice of a duly licensed optometrist, the insured or other persons entitled to benefits under such policy shall be entitled to payment of or reimbursement for such services, whether such services be performed by a duly licensed physician or a duly licensed optometrist notwithstanding any provision contained in such policy. The policyholder, insured, or beneficiary shall have the right to choose the provider of such services notwithstanding any provision to the contrary in any other Statute."
Sec. 3.  Chapter 90 of the General Statutes of North Carolina is hereby amended by adding a new Section immediately following G.S. 90-127 and immediately preceding G.S. 90-128 to be numbered 90-127.1 and to read as follows:
"G.S. 90-127.1.  Free Choice by Patient Guaranteed. No agency of the State, County or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service under the laws of the State of North Carolina shall deny to the recipients or beneficiaries of their aid or services the freedom to choose the provider of care or service which are within the scope of practice of a duly licensed optometrist or duly licensed physician as defined in this Chapter."
Sec. 4.  Nothing in this Act shall be construed to equate optometrists with physicians except to the extent that each must be duly licensed.
Sec. 5.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 6.  This Act shall be in full force and effect on and after July 1, 1965.
In the General Assembly read three times and ratified, this the 4th day of May, 1965.