Chapter 90

(a) A manufacturer of an investigational drug, biological product, or device may make available to an eligible patient, and an eligible patient may request, the manufacturer's investigational drug, biological product, or device. However, nothing in this Part shall be construed to…

(a) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a physician licensed under this Chapter, based solely on the physician's recommendation that an eligible patient have access to an investigational adult stem cell treatme…

No official, employee, or agent of this State or any of its political subdivisions shall interfere with or attempt to interfere with an eligible patient's access to an investigational adult stem cell treatment authorized under this Part. Counseling, advice, or a recommendation co…

Nothing in this Part shall be construed to affect a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial pursuant to G.S. 58-3-255. (2019-70, s. 1.)

If an eligible patient dies while being treated with an investigational drug, biological product, or device, the eligible patient's heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage for the treatme…

The following definitions apply in this Part, unless the context requires otherwise: (1) Eligible facility. - Any institution operating under Federalwide Assurance for the Protection of Human Subjects in accordance with 45 C.F.R. § 46 and 42 U.S.C. § 289(a). (2) Eligible patient.…

(a) A manufacturer operating within an eligible facility and in accordance with all applicable federal law may make available to an eligible patient, and an eligible patient may request, the manufacturer's individualized investigational drug, biological product, or device from an…

If an eligible patient dies while being treated with an individualized investigational drug, biological product, or device, the eligible patient's heirs are not liable for any outstanding debt related to the treatment, including any costs attributed to lack of insurance coverage …

(a) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a health care provider licensed under this Chapter, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment wit…

No official, employee, or agent of this State shall block or attempt to block an eligible patient's access to an individualized investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed h…

No private right of action may be brought against a manufacturer of an individualized investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using an individualized investigational drug, biological pr…

Nothing in this Part shall be construed to affect a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial pursuant to G.S. 58-3-255. (2024-36, s. 1.)

(a) A licensing board shall not revoke, fail to renew, suspend, or take any other disciplinary action against a health care provider licensed under this Chapter, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment wit…

No official, employee, or agent of this State shall block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care prov…

No private right of action may be brought against a manufacturer of an investigational drug, biological product, or device, or against any other person or entity involved in the care of an eligible patient using an investigational drug, biological product, or device, for any harm…

Nothing in this Part shall be construed to affect a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial pursuant to G.S. 58-3-255. (2015-137, s. 1; 2019-70, s. 1.)

It is declared to be the public policy of this State that the activities of persons who render counseling services to the public be regulated to insure the protection of the public health, safety, and welfare. (1983, c. 755, s. 1; 1993, c. 514, s. 1.)

The license and the current certificate of renewal of license to practice dentistry issued, as herein provided, shall at all times be displayed in a conspicuous place in the office of the holder thereof and whenever requested the license and the current certificate of renewal sha…

(a) Definitions. - The following definitions apply in this Article: (1) Repealed by Session Laws 1993, c. 514, s. 1. (1a) The "Board" means the Board of Licensed Clinical Mental Health Counselors. (2) A "licensed clinical mental health counselor" is a person engaged in the practi…

It shall be unlawful for any person who is not licensed under this Article to engage in the practice of counseling, use the title "Licensed Clinical Mental Health Counselor Associate," "Licensed Clinical Mental Health Counselor," or "Licensed Clinical Mental Health Counselor Supe…

It shall be unlawful for any firm, partnership, corporation, association, or other business or professional entity to assume or use the title of licensed clinical mental health counselor unless each of the members of the firm, partnership, or association is licensed by the Board.…

(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to: (1) Lawyers licensed under Chapter 84, doctors licensed under Chapt…

(a) For the purpose of carrying out the provisions of this Article, there is hereby created the North Carolina Board of Licensed Clinical Mental Health Counselors which shall consist of seven members appointed by the Governor in the manner hereinafter prescribed. Any State or nat…

(a) The Board shall administer and enforce the provisions of this Article. (b) The Board shall elect from its membership, a chairperson, a vice-chairperson, and secretary-treasurer, and adopt rules to govern its proceedings. A majority of the membership shall constitute a quorum …

The Board shall be subject to the provisions of Chapter 93B of the General Statutes. (1983, c. 755, s. 1.)

(a) Each person desiring to be a licensed clinical mental health counselor associate, licensed clinical mental health counselor, or licensed clinical mental health counselor supervisor shall make application to the Board upon such forms and in such manner as the Board shall presc…

(a) The Board may license any person who is currently licensed, certified, or registered by another state if the individual has met requirements determined by the Board to be substantially similar to or exceeding those established under this Article. (b) The Board may enter into …

(a) All licenses shall be effective upon the date of issuance by the Board, and shall expire on the second June 30 thereafter. (b) All licenses issued hereunder shall be renewed at the times and in the manner provided by this section. At least 45 days prior to expiration of each …

For nonpayment of fee or fees required by this Article, for failure to comply with continuing education requirements adopted by the Board under the authority of G.S. 90-31.1, or for violation of any of the terms or provisions of G.S. 90-41 concerning disciplinary actions, the Nor…

(a) The Board may, in accordance with the provisions of Chapter 150B of the General Statutes, deny, suspend, or revoke licensure, discipline, place on probation, limit practice, or require examination, remediation, or rehabilitation of any person licensed under this Article on on…

Any person violating any provision of this Article is guilty of a Class 1 misdemeanor. (1983, c. 755, s. 1; 1993, c. 539, s. 651; 1994, Ex. Sess., c. 24, s. 14(c).)

As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person from violating the prohibitions of this Article. The Board shall not be required to post bond in connection with such proceeding. (1983, c. 755, s. 1.)

Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for clinical mental health counseling services unless, prior to the performance of those services, the client is furnished a copy of a Professional Dis…

Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1993, c. 514, s. 1.)

(a) Definitions. - The following definitions shall apply in this section: (1) Applicant. - A person applying for licensure as a licensed clinical mental health counselor associate pursuant to G.S. 90-336(b), 90-336(b1), or 90-336(b2) or licensed clinical mental health counselor p…

The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the patient or client is located at…

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other provis…

(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of …

(a) Oversight. - The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules prom…

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation o…

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the Un…

(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state. (b) Nothing herein prevents the enforcement of any other law of a member state t…

As used in this Compact, and except as otherwise provided, the following definitions shall apply: (1) Active duty military. - Full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders purs…

(a) To participate in the Compact, a member state must currently do all of the following: (1) License and regulate licensed professional counselors. (2) Require licensees to pass a nationally recognized exam approved by the Commission. (3) Require licensees to have a 60-semester-…

(a) To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall meet all of the following requirements: (1) Hold a license in the home state. (2) Have a valid United States social security number or National Practitioner Identifier. (3)…

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time. (b) If a licensed professional counselor changes primary state of residence by moving between two member state…

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a hom…

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with G.S. 90-349.3 and under the rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege …

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do the following: (1) Take adverse action against a licensed professional counselor's privilege to practice within that membe…

(a) Establishment. - The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission. (1) The Commission is an instrumentality of the Compact states. (2) Venue is proper, and judicial proceedings by or against the Commission …