NC S349

Exempts ophthalmologists who perform ocular surgical procedures in unlicensed settings from certificate of need (CON) requirements when establishing ambulatory surgical facilities.

Applies only to ophthalmologists who meet all four criteria: license application postmarked by December 31, 2017; affidavit verifying facility was operational or had submitted building permit by effective date; accreditation from approved organizations; and commitment to serve indigent and medically underserved populations.

Limits exemption to facilities with existing number of ocular surgical procedure rooms at time of application; all other persons seeking to establish such facilities must still obtain a certificate of need.

Defines ocular surgical procedures as eye surgeries performed by licensed ophthalmologists including refractive, cataract, and glaucoma surgery that require anesthesia and less than 24 hours post-operative observation.

Establishes that the State Medical Facilities Plan cannot include policies that limit the number of approved ocular surgical procedure rooms.