Chapter 90

The Committee may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed an approved perfusion education program and pays the required fee under G.S. 90-689. A provisional license shall allow the individual to practice per…

(a) All fees shall be payable to the Medical Board and deposited in the name of the Medical Board in financial institutions designated by the Medical Board as official depositories. These fees shall be used to carry out the purposes of this Article. (b) All salaries, compensation…

(a) All licenses to practice perfusion shall expire two years after the date they were issued. The Committee shall send a notice of expiration to each licensee at his or her last known address at least 30 days prior to the expiration of his or her license. All applications for re…

(a) After December 31, 2007, all licensed perfusionists who are licensed under this Article shall maintain certification as defined in G.S. 90-682(1) in order to maintain licensure. If certification shall lapse at any time, the Committee may initiate disciplinary action under G.S…

(a) The Committee may place on probation with or without conditions, impose limitations and conditions on, publicly reprimand, assess monetary redress, issue public letters of concern, require satisfactory completion of treatment programs or remedial or educational training, deny…

The Committee may apply to the superior court for an order enjoining violations of this Article. Upon a showing by the Committee that any person has violated this Article, the court may grant injunctive relief. (2005-267, s. 1.)

(a) Authority to Assess Civil Penalties. - The Committee may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Article or the violation of any rules adopted by the Committee. The clear proceeds of any civil penalty asse…

Nothing in this Article shall be construed to require direct third-party reimbursements to persons licensed under this Article. (2005-267, s. 1.)

(a) It shall be unlawful for any person licensed to practice medicine, podiatry, or dentistry in this State to bill a patient, entity, or person for anatomic pathology services in an amount in excess of the amount charged by the clinical laboratory for performing the service unle…

The following definitions apply in this Article: (1) Board. - The Board of Registered Polysomnographic Technologists (BRPT), a member of the National Organization of Certification Associations and accredited by the National Commission for Certifying Agencies (NCCA), the accredita…

(a) Practice. - The "practice of polysomnography" means the performance of any of the following tasks: (1) Monitoring and recording physiological data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following tec…

(a) Unlawful Act. - On or after January 1, 2012, it shall be unlawful for a person to do any of the following unless the person is listed with the Medical Board as provided in this Article: (1) Practice polysomnography. (2) Represent, orally or in writing, that the person is cred…

The provisions of this Article do not apply to any of the following: (1) A person registered, certified, credentialed, or licensed to engage in another profession or occupation or any person working under the supervision of a person registered, certified, credentialed, or license…

(a) Annual Listing. - A person may not practice polysomnography under this Article unless the person is listed with the Medical Board. In order to be listed with the Medical Board, a person must annually submit on or before September 1 of each year all of the following informatio…

The practice of behavior analysis in North Carolina affects the public health, safety, and welfare of citizens of North Carolina and shall be subject to regulation to protect the public from (i) the practice of behavior analysis by unqualified individuals and (ii) unprofessional,…

The following definitions apply in this Article: (1) Behavior analysis. - The design, implementation, and evaluation of systematic instructional and environmental modifications to produce significant personal or interpersonal improvements in human behavior. (2) Behavior technicia…

(a) Establishment. - The North Carolina Behavior Analysis Board is created. The Board shall consist of five members who shall serve staggered terms. The initial Board shall be selected as follows: (1) The General Assembly, upon the recommendation of the Speaker of the House of Re…

(a) The Board shall have the following powers and duties: (1) Administer, coordinate, and enforce the provisions of this Article. (2) Adopt, amend, or repeal rules to administer and enforce this Article. (3) Establish and determine qualification and fitness of applicants for lice…

On June 30 of each year, the Board shall submit a report to the Governor of the Board's activities since the preceding July 1, including (i) the names of all licensed behavior analysts and licensed assistant behavior analysts to whom licenses have been granted under this Article,…

(a) Each individual desiring to obtain a license under this Article shall apply to the Board in accordance with the procedure and rules prescribed by the Board. Each applicant shall furnish evidence satisfactory to the Board that the applicant meets all of the following criteria:…

Each applicant shall be issued a license by the Board to engage in the practice of behavior analysis as a licensed behavior analyst if the applicant meets the qualifications set forth by the Board in accordance with G.S. 90-734(a) and provides satisfactory evidence to the Board o…

Each applicant shall be issued a license by the Board to engage in the practice of behavior analysis as a licensed assistant behavior analyst if the applicant meets the qualifications set forth by the Board in accordance with G.S. 90-734(a) and provides satisfactory evidence to t…

(a) A license shall be granted under this Article for the period of two years. (b) The Board shall renew a license granted under this Article upon completion of the following: (1) Proof of completion of any continuing education required by the certifying entity. (2) Payment of th…

(a) An actively licensed or certified behavior analyst who resides and practices behavior analysis in another state may apply to the Board for a temporary license to practice behavior analysis in this State. (b) A temporary license is available only if the behavior analysis servi…

(a) The Board shall issue a license to an individual who is actively licensed as a behavior analyst or assistant behavior analyst in another state that currently imposes comparable licensure requirements as those imposed by this Article and that offers reciprocity to individuals …

(a) Any applicant for licensure and any individual licensed under this Article shall comply with the ethical and professional standards specified in this Code of Conduct and in the rules of the Board. The Board may deny, suspend, or revoke licensure and may discipline, place on p…

The Board may collect fees established by its rules, but those fees shall not exceed the amounts listed below: (1) Application fee for licensure $250.00. (2) License renewal $200.00. (3) Late renewal fee $50.00. (4) Reciprocal license application $250.00. (5) Temporary license ap…

(a) All applicants for licensure shall consent to a criminal history record check. Refusal to consent to a criminal history record check may constitute grounds for the Board to deny licensure to an applicant. The Board shall be responsible for providing to the North Carolina Depa…

An individual is exempt from the requirements of this Article if any of the following conditions are met: (1) The individual is a licensed psychologist or psychological associate in this State or provides ancillary services in accordance with G.S. 90-270.154. (2) The individual i…

(a) Except as permitted in G.S. 90-745, it shall be a violation of this Article for any individual not licensed under this Article to practice behavior analysis or to hold oneself out to the public as an individual practicing behavior analysis. (b) Any individual not licensed in …

The Board may apply to the Superior Court of Wake County for an injunction to prevent violations of this Article or any rules enacted by the Board. The court is empowered to grant injunctions regardless of whether criminal prosecution or other action has been or may be instituted…

The president and secretary of the Board may administer oaths to all persons appearing before it as the Board may deem necessary to perform its duties, and may summon and issue subpoenas for the appearance of any witnesses deemed necessary to testify concerning any matter to be h…

(a) The North Carolina Medical Board is empowered to adopt rules that prescribe additional qualifications for an applicant, including education and examination requirements and application procedures. (b) The Board shall not deny an application for licensure based solely on the a…

(a) The North Carolina Medical Board shall appoint and maintain a subcommittee to work jointly with a subcommittee of the Board of Nursing to develop rules to govern the performance of medical acts by registered nurses, including the determination of reasonable fees to accompany …

The Board shall employ as Executive Director a pharmacist to serve as a full-time employee of the Board. The Executive Director shall serve as secretary and treasurer of the Board and shall perform administrative functions as authorized by the Board. The Board shall have the auth…

The Board shall determine the compensation of its employees. Employees shall be reimbursed for all necessary expenses incurred in the performance of their official duties. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

(a) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an en…

(a) Upon receiving information concerning a violation of this Article that is a threat to the public safety, health, or welfare, the Executive Director shall promptly conduct an investigation, and if he finds evidence of the violation, he may file a complaint and prosecute the of…

The Board shall approve schools and colleges of pharmacy upon a finding that students successfully completing the course of study offered by the school or college can reasonably be expected to practice pharmacy safely and properly. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

The Board shall issue regulations governing a practical experience program. These regulations shall assure that the person successfully completing the program will have gained practical experience that will enable him to safely and properly practice pharmacy. (1981 (Reg. Sess., 1…

(a) Each applicant for licensure under this Article as a pharmacist shall file an application with the Executive Director on the form furnished by the Board, verified under oath, setting forth all of the following: (1) The applicant's name. (2) The applicant's age. (3) The place …

(a) Registration, Generally. - A registration program for pharmacy technicians is established for the purposes of identifying those persons who are employed or are eligible for employment as pharmacy technicians. The Board must maintain a registry of pharmacy technicians that con…

(a) Except as provided in subsections (a1), (b1), and (c) of this section, an immunizing pharmacist may only administer vaccinations or immunizations to persons at least 18 years of age pursuant to a specific prescription order. (a1) An immunizing pharmacist may administer to per…

The license examination shall be given by the Board at least twice each year. The Board shall determine the subject matter of each examination and the place, time and date for administering the examination. The Board shall also determine which persons have passed the examination.…

In accordance with Board regulations, each license to practice pharmacy shall expire on December 31 and shall be renewed annually by filing with the Board on or after December 1 an application for license renewal furnished by the Board, accompanied by the required fee. It shall b…

The Board shall approve providers of continuing education programs upon finding that the provider is competent to and does offer an educational experience designed to enable those who successfully complete the program to more safely and properly practice pharmacy. (1981 (Reg. Ses…

Whenever a pharmacist who has not renewed his license for five or more years seeks to renew or reinstate his license, he must appear before the Board and submit evidence that he can safely and properly practice pharmacy. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

The General Assembly of North Carolina finds that mandatory licensure of all who engage in the practice of pharmacy is necessary to insure minimum standards of competency and to protect the public from those who might otherwise present a danger to the public health, safety and we…

(a) The Board may issue a license to practice pharmacy, without examination, to any person who is licensed as a pharmacist in another jurisdiction if the applicant shall present satisfactory evidence of possessing the same qualifications as are required of licensees in this State…

(a) In accordance with Board regulations, each pharmacy in North Carolina shall annually register with the Board on a form provided by the Board. The application shall identify the pharmacist-manager of the pharmacy and all pharmacy personnel employed in the pharmacy. All pharmac…