reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 20A - Assisted Living Administrator Act. › § 90-288.18 - Adverse action on a certificate.

§ 90-288.18. Adverse action on a certificate.
(a) Subject to subsection (b) of this section, the Department shall have the authority to deny a new or renewal application for a certificate, and to amend, recall, suspend, or revoke an existing certificate upon a determination that there has been a substantial failure to comply with the provisions of this Article or any rules promulgated under this Article.
(b) The provisions of Chapter 150B of the General Statutes shall govern all administrative action and judicial review in cases where the Department has taken action as described in subsection (a) of this section. A petition for a contested case shall be filed within 30 days after the Department mails the certificate holder a notice of its decision to deny a renewal application, or to recall, suspend, or revoke an existing certificate. (1999-443, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 20A - Assisted Living Administrator Act. › § 90-288.19 - Reporting requirement.

§ 90-288.19. Reporting requirement.
The holder of a facility license issued under G.S. 131D-2.4 shall report any incidents of suspected abuse, neglect, or exploitation of persons residing in an assisted living residence by a person certified under this Article to the Health Care Personnel Registry. (1999-443, s. 1; 2009-462, s. 4(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 20A - Assisted Living Administrator Act. › § 90-288.20 - Penalties.

§ 90-288.20. Penalties.
A person who serves as an assisted living administrator without first obtaining a certificate from the Department is guilty of a Class 1 misdemeanor. Each act of unlawful practice constitutes a distinct and separate offense. (1999-443, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-292 - Declaration of policy.

§ 90-292. Declaration of policy.
It is declared to be a policy of the State of North Carolina that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech and language pathologists and audiologists and to help assure the availability of the highest possible quality speech and language pathology and audiology services to the communicatively handicapped people of this State, it is necessary to provide regulatory authority over persons offering speech and language pathology and audiology services to the public. (1975, c. 773, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-296 - Examinations.

§ 90-296. Examinations.
(a) An applicant for licensure who has satisfied the academic requirements of G.S. 90-295, shall pass a written examination approved or established by the Board.
(b) The Board shall administer or approve at least two examinations of the type described in subsection (a) of this section each year, and additional examinations as the volume of applications makes appropriate.
(c) An examination shall not be required as a prerequisite for a license for:
(1) A person who holds a certificate of clinical competence issued by the American Speech-Hearing-Language Association in the specialized area for which such person seeks licensure; or
(2) A person who has met the educational, practical experience, and examination requirements of another state or jurisdiction which has requirements equivalent to or higher than those in effect pursuant to this Article for the practice of audiology or speech pathology. (1975, c. 773, s. 1; 1981, c. 572, s. 3; 1987, c. 665, s. 4; 2013-410, s. 47.7(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-298 - Qualifications for applicants for temporary licensure.

§ 90-298. Qualifications for applicants for temporary licensure.
(a) To be eligible for temporary licensure an applicant must:
(1) Meet the academic and clinical practicum requirements of G.S. 90-295(1), (2), and (3); and
(2) Submit a plan of supervised experience complying with the provisions of G.S. 90-295(4); and
(3) Pay the temporary license fee required by G.S. 90-305(5).
(b) A temporary license is required when an applicant has not completed the required supervised experience and passed the required examination.
(c) A temporary license issued under this section shall be valid only during the period of supervised experience required by G.S. 90-295(4), and shall not be renewed. (1975, c. 773, s. 1; 1987, c. 665, s. 6; 2013-410, s. 47.7(e).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-298.1 - Registered assistant.

§ 90-298.1. Registered assistant.
A licensed speech and language pathologist or a licensed audiologist may register with the Board an assistant who works under the licensee's supervision if all of the following requirements are met:
(1) The assistant meets the qualifications for registered assistants adopted by the Board.
(2) The licensee who supervises the assistant pays the registration fee set by the Board.
A registration of an assistant must be renewed annually. To renew the registration of an assistant, the licensee who supervises the assistant must submit an application for renewal and pay the renewal fee. An initial or renewal fee for registering an assistant may not exceed the renewal license fee set under G.S. 90-305. (1993 (Reg. Sess., 1994), c. 688, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-299 - Licensee to notify Board of place of practice.

§ 90-299. Licensee to notify Board of place of practice.
(a) A person who holds a license shall notify the Board in writing of the address of the place or places where he engages or intends to engage in the practice of speech and language pathology or audiology.
(b) The Board shall keep a record of the places of practice of licensees.
(c) Any notice required to be given by the Board to a licensee may be given by mailing it to him at the address of the last place of practice of which he has notified the Board. (1975, c. 773, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-300 - Renewal of licenses.

§ 90-300. Renewal of licenses.
A licensee shall annually pay to the Board a fee in an amount established by the General Assembly for a renewal of his license. A 30-day grace period shall be allowed after expiration of a license during which the license may be renewed on payment of a fee in an amount established by the General Assembly. The Board may suspend the license of any person who fails to renew his license before the expiration of the 30-day grace period. After expiration of the grace period, the Board may renew such a license upon the payment of a fee in an amount established by the General Assembly. No person who applies for renewal whose license was suspended for failure to renew shall be required to submit to any examination as a condition of renewal. (1975, c. 773, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-301 - Grounds for suspension or revocation of license.

§ 90-301. Grounds for suspension or revocation of license.
Any person licensed under this Article may have his license revoked or suspended for a fixed period by the Board under the provisions of North Carolina General Statutes, Chapter 150B, for any of the following causes:
(1) His license has been secured by fraud or deceit practiced upon the Board.
(2) Fraud or deceit in connection with his services rendered as an audiologist or speech and language pathologist.
(3) Unethical or immoral conduct as defined in this Article or in a code of ethics adopted by the Board.
(4) Violation of any lawful order, rule or regulation rendered or adopted by the Board.
(5) Failure to exercise a reasonable degree of professional skill and care in the delivery of professional services.
(6) Any violation of the provisions of this Article.
(7) Failure to exercise good moral conduct as defined in rules adopted by the Board or in a code of moral conduct adopted by the Board. (1975, c. 773, s. 1; 1981, c. 572, s. 4; 1987, c. 665, s. 7; c. 827, s. 1; 2013-410, s. 47.7(f).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-301A - Unethical acts and practices.

§ 90-301A. Unethical acts and practices.
Unethical acts and practices shall be defined as including:
(1) Obtaining or attempting to obtain any fee by fraud or misrepresentation.
(2) Employing directly or indirectly any suspended or unlicensed person to perform any work covered by this Article.
(3) Using, or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceiving, improbable, or untruthful.
(4) Aiding, abetting, or assisting any other person or entity in violating the provisions of this Article.
(5) Willfully harming any person in the course of the delivery of professional services licensed by this Article.
(6) Treating a person who cannot reasonably be expected to benefit from treatment.
(7) Charging a fee for treatment or services not rendered.
(8) Providing or attempting to provide services or supervision of services by persons not properly prepared or legally qualified to perform or permitting services to be provided by a person under such person's supervision who is not properly prepared or legally qualified to perform such services.
(9) Guaranteeing the result of any therapeutic or evaluation procedure. (1987, c. 665, s. 8.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-302 - Prohibited acts and practices.

§ 90-302. Prohibited acts and practices.
No person, partnership, corporation, or other entity may:
(1) Sell, barter, transfer or offer to sell or barter a license.
(2) Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to practice audiology or speech and language pathology.
(3) Alter a license.
(4) Use or attempt to use a valid license which has been purchased, fraudulently obtained, counterfeited or materially altered.
(5) Make a false, material statement in an application for a North Carolina license.
(6) Aid, assist, abet, or direct any person licensed under this Article in violation of the provisions of this Article. (1975, c. 773, s. 1; 1987, c. 665, s. 9; 2013-410, s. 47.7(g).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-303 - Board of Examiners for speech and language pathology and audiology; qualifications, appointment and terms of members; vacancies; meetings, etc.

§ 90-303. Board of Examiners for speech and language pathology and audiology; qualifications, appointment and terms of members; vacancies; meetings, etc.
(a) There shall be a Board of Examiners for Speech and Language Pathologists and Audiologists, which shall be composed of seven members, who shall all be residents of this State. Two members shall have a paid work experience in audiology for at least five years and hold a North Carolina license as an audiologist. Two members shall have paid work experience in speech pathology for at least five years and hold a North Carolina license as a speech and language pathologist. One member shall be a physician who is licensed to practice medicine in the State of North Carolina. Two members shall be appointed by the Governor to represent the interest of the public at large. These two members shall be neither licensed speech and language pathologists nor audiologists. These members shall be appointed not later than July 1, 1981; one shall be initially appointed for a term of two years; the other shall be appointed for a term of three years. Thereafter all public members shall serve three-year terms.
(b) The members of the Board shall be appointed by the Governor.
(c) The initial Board shall have members appointed for terms of one year, two years, three years, four years, and five years. All board members serving on June 30, 1981, shall be eligible to complete their respective terms. No member appointed to a term on or after July 1, 1981, shall serve more than two complete consecutive three-year terms.
(d) Members of the Board shall receive no compensation for their service, but shall receive the same per diem, subsistence and travel allowance as provided in G.S. 138-5. (1975, c. 773, s. 1; 1981, c. 572, ss. 5, 6; 2007-436, s. 5.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-304 - Powers and duties of Board.

§ 90-304. Powers and duties of Board.
(a) The powers and duties of the Board are as follows:
(1) To administer, coordinate, and enforce the provisions of this Article, establish fees, evaluate the qualifications of applicants, supervise the examination of applicants, and issue subpoenas, examine witnesses, and administer oaths, and investigate persons engaging in practices which violate the provisions of this Article.
(2) To conduct hearings and keep records and minutes as necessary to an orderly dispatch of business.
(3) To adopt responsible rules including rules that establish ethical standards of practice and require continuing professional education and to amend or repeal the same.
(4) To issue annually a list stating the names of persons currently licensed under the provisions of this Article.
(5) To employ such personnel as determined by its needs and budget.
(6) To adopt seals by which it shall authenticate their proceedings, copies of the proceedings, records and the acts of the Board, and licenses.
(7) To bring an action to restrain or enjoin violations of this Article in addition to and not in lieu of criminal prosecution or proceedings to revoke or suspend licenses issued under this Article.
(b) The Board shall not adopt or enforce any rule or regulation which prohibits advertising except for false or misleading advertising. (1975, c. 773, s. 1; 1981, c. 572, s. 7; 1987, c. 665, s. 10; 2007-436, s. 6.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-305 - Fees.

§ 90-305. Fees.
Persons subject to licensure under this Article shall pay fees to the Board not to exceed the following:
(1) Application fee $30.00
(2) Examination fee 30.00
(3) Initial license fee 100.00
(4) Renewal license fee 100.00
(5) Temporary license 40.00
(6) Delinquency fee 25.00.
(1975, c. 773, s. 1; 1987, c. 665, s. 11; 2003-222, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-306 - Penalty for violation.

§ 90-306. Penalty for violation.
Any person, partnership, or corporation that willfully violates the provisions of this Article shall be guilty of a Class 2 misdemeanor. (1975, c. 773, s. 1; 1987, c. 665, s. 12; 1993, c. 539, s. 650; 1994, Ex. Sess., c. 24, s. 14(c); 2023-129, s. 12.1(l).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists. › § 90-307 - Severability.

§ 90-307. Severability.
If any part of this Article is for any reason held unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions of the Article; and it shall be construed to have been the legislative intent to pass this Article without such unconstitutional, invalid, or inoperative part therein; and the remainder of this Article, after the exclusion of such part or parts, shall be valid as if such parts were not contained therein. (1975, c. 773, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.1 - Purpose.

§ 90-312.1. Purpose.
(a) The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
(b) Reserved for future codification purposes. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.5 - Compact privilege to practice telehealth.

§ 90-312.5. Compact privilege to practice telehealth.
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with G.S. 90-312.3 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.6 - Active duty military personnel or their spouses.

§ 90-312.6. Active duty military personnel or their spouses.
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 home state, the individual shall only change their home state through application for licensure in the new state. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.9 - Data system.

§ 90-312.9. Data system.
(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 provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason(s) for denial.
(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.11 - Oversight, dispute resolution, and enforcement.

§ 90-312.11. Oversight, dispute resolution, and enforcement.
(a) Dispute Resolution. – Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(b) Enforcement. – The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.12 - Date of implementation of Compact and associated rules, withdrawal, and amendment.

§ 90-312.12. Date of implementation of Compact and associated rules, withdrawal, and amendment.
(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 of rules. Thereafter, the Commission shall meet and exercise rule-making powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.13 - Construction and severability.

§ 90-312.13. Construction and severability.
This Compact shall be liberally construed 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 United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 22A - Interstate Compact For Audiology And Speech Pathology. › § 90-312.14 - Binding effect of Compact on other laws.

§ 90-312.14. Binding effect of Compact on other laws.
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(d) All agreements between the Commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (2020-87, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23 - Right to Natural Death; Brain Death. › § 90-320 - General purpose of Article.

§ 90-320. General purpose of Article.
(a) The General Assembly recognizes as a matter of public policy that an individual's rights include the right to a peaceful and natural death and that a patient or the patient's representative has the fundamental right to control the decisions relating to the rendering of the patient's own medical care, including the decision to have life-prolonging measures withheld or withdrawn in instances of a terminal condition. This Article is to establish an optional and nonexclusive procedure by which a patient or the patient's representative may exercise these rights. A military advanced medical directive executed in accordance with 10 U.S.C. § 1044 or other applicable law is valid in this State.
(b) Nothing in this Article shall be construed to authorize any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. Nothing in this Article shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-prolonging measures in any lawful manner. In such respect the provisions of this Article are cumulative. (1977, c. 815; 1979, c. 715, s. 1; 1983, c. 313, s. 1; 2007-502, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23 - Right to Natural Death; Brain Death. › § 90-321.1 - Advanced directive for a natural death executed during a state of emergency.

§ 90-321.1. Advanced directive for a natural death executed during a state of emergency.
(a) The requirement of G.S. 90-321 that an advanced directive for a natural death declaration be executed in the presence of two qualified witnesses shall be waived for all instruments executed on or after the effective date of this section and prior to termination of the state of emergency declared by Governor Roy Cooper in Executive Order No. 116, on March 10, 2020, as the same may be extended by any subsequent executive order, such that an instrument that is signed by the declarant, properly acknowledged before a notary public, and otherwise executed in compliance with the provisions of this Article, shall not be invalidated by the declarant's failure to execute the advanced directive for a natural death declaration in the presence of two qualified witnesses.
(b) Advanced directives for a natural death declaration executed without two qualified witnesses during the time period defined in subsection (a) of this section shall contain a short and plain statement indicating that the instrument was executed in accordance with the procedures of this section, which may but need not be cited by title or section number.
(c) This section shall expire at 12:01 A.M. on August 1, 2020; provided, however, all instruments made in accordance with this section and while this section is in effect shall remain effective and shall not need to be reaffirmed. (2020-3, s. 4.10(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23 - Right to Natural Death; Brain Death. › § 90-323 - Death; determination by physician.

§ 90-323. Death; determination by physician.
The determination that a person is dead shall be made by a physician licensed to practice medicine applying ordinary and accepted standards of medical practice. Brain death, defined as irreversible cessation of total brain function, may be used as a sole basis for the determination that a person has died, particularly when brain death occurs in the presence of artificially maintained respiratory and circulatory functions. This specific recognition of brain death as a criterion of death of the person shall not preclude the use of other medically recognized criteria for determining whether and when a person has died. (1979, c. 715, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325 - Short title; purpose.

§ 90-325. Short title; purpose.
(a) This Article shall be known and may be cited as the Right to Try Act.
(b) The purpose of Part 1 of this Article is to authorize access to and use of experimental treatments for patients with a terminal illness; to establish conditions for use of experimental treatment; to prohibit sanctions of health care providers solely for recommending or providing experimental treatment; to clarify duties of a health insurer with regard to experimental treatment authorized under this Part; to prohibit certain actions by State officials, employees, and agents; and to restrict certain causes of action arising from experimental treatment. (2015-137, s. 1; 2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.2 - Authorized access to and use of investigational drugs, biological products, and devices.

§ 90-325.2. Authorized access to and use of investigational drugs, biological products, and devices.
(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 require a manufacturer of an investigational drug, biological product, or device to make such investigational drug, biological product, or device available to an eligible patient.
(b) A manufacturer of an investigational drug, biological product, or device may provide the investigational drug, biological product, or device to an eligible patient without receiving compensation or may require the eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device. (2015-137, s. 1; 2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.3 - No liability to heirs for outstanding debt related to use of investigational drugs, biological products, or devices.

§ 90-325.3. No liability to heirs for outstanding debt related to use of investigational drugs, biological products, or devices.
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 treatment. (2015-137, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.4 - Sanctions against health care providers prohibited.

§ 90-325.4. Sanctions against health care providers prohibited.
(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 with an investigational drug, biological product, or device.
(b) An entity responsible for Medicare certification shall not take action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product, or device. (2015-137, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.5 - Prohibited conduct by State officials.

§ 90-325.5. Prohibited conduct by State officials.
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 provider does not constitute a violation of this section. (2015-137, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.6 - No private right of action against manufacturers of investigational drugs, biological products, or devices.

§ 90-325.6. No private right of action against manufacturers of investigational drugs, biological products, or devices.
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 caused to the eligible patient resulting from use of the investigational drug, biological product, or device as long as the manufacturer or other person or entity has made a good-faith effort to comply with the provisions of this Part and has exercised reasonable care in actions undertaken pursuant to this Part. (2015-137, s. 1; 2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.7 - Insurance coverage of clinical trials.

§ 90-325.7. Insurance coverage of clinical trials.
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.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.15 - Purpose.

§ 90-325.15. Purpose.
The purpose of Part 2 of this Article is to authorize access to and use of certain investigational adult stem cell treatments for patients with certain severe chronic diseases or terminal illnesses; to regulate the possession, use, and transfer of adult stem cells; and to create a criminal offense for the purchase and sale of adult stem cells for certain investigational treatments. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.17 - Authorized treatments.

§ 90-325.17. Authorized treatments.
(a) An eligible patient is authorized to access and use an investigational adult stem cell treatment under this Part, if the investigational adult stem cell treatment meets all of the following requirements:
(1) Is administered directly by a physician certified by an institutional review board that meets the requirements of G.S. 90-325.18.
(2) Is overseen by an institutional review board that meets the requirements of G.S. 90-325.18.
(3) Is provided at an accredited medical school located in this State, an affiliated facility of an accredited medical school located in this State, or any other facility approved by the institutional review board overseeing the treatment.
(b) A physician administering an investigational adult stem cell treatment under this Part shall comply with all applicable rules of the North Carolina Medical Board.
(c) This Part does not affect or authorize a person to violate any applicable laws regulating the possession, use, or transfer of human organs, fetal tissue, fetal stem cells, adult stem cells, or embryonic stem cells or their derivatives. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.18 - Institutional review boards; annual report; rules.

§ 90-325.18. Institutional review boards; annual report; rules.
(a) An institutional review board that oversees investigational adult stem cell treatments administered under this Part is required to be affiliated with an accredited medical school located in this State, or an affiliated facility of an accredited medical school located in this State. An institutional review board that meets the requirements of this subsection may certify physicians to provide investigational adult stem cell treatment under this Part.
(b) An institutional review board overseeing an investigational adult stem cell treatment under this Part shall keep a record on each person to whom a physician administers the treatment and document in the record the provision of each treatment and the effects of the treatment on the person throughout the period the treatment is administered to the person.
(c) Each institutional review board overseeing an investigational adult stem cell treatment under this Part shall submit an annual report to the North Carolina Medical Board on the review board's findings based on records kept under subsection (b) of this section. The report shall not include any patient-identifying information and must be made available to the public in both written and electronic form.
(d) The North Carolina Medical Board may adopt rules concerning the role and function of institutional review boards under this Part. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.19 - Prohibited purchase and sale of adult stem cells for certain investigational treatments.

§ 90-325.19. Prohibited purchase and sale of adult stem cells for certain investigational treatments.
(a) Except as allowed under subsection (c) and subsection (d) of this section, it is unlawful to knowingly offer to buy, offer to sell, acquire, receive, sell, or otherwise transfer any adult stem cells for valuable consideration for use in an investigational adult stem cell treatment.
(b) Subsection (a) of this section does not prohibit the following forms of valuable consideration for investigational adult stem cell treatment:
(1) A fee paid to a health care provider for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services.
(2) Reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational adult stem cell treatment.
(3) Reimbursement of expenses for travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells.
(c) It is an exception to the application of this section that the actor engaged in conduct authorized under G.S. 130A-412.31.
(d) It is an exception to the application of this section that the actor is a health care provider, medical researcher, or biosciences professional who is either (i) engaged in research, clinical trials, or investigational adult stem cell treatment that is being overseen and has been approved by an institutional review board that meets the requirements of G.S. 90-325.18 or (ii) otherwise engaged in legal research, clinical trials, or investigational adult stem cell treatment.
(e) A violation of this section is a Class A1 misdemeanor. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.20 - Sanctions against physicians prohibited.

§ 90-325.20. Sanctions against physicians prohibited.
(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 treatment, or the physician's administration of an investigational adult stem cell treatment to the eligible patient, provided that the recommendation made or the care provided is consistent with the applicable standard of care and the requirements of this Part.
(b) An entity responsible for Medicare certification shall not take action against a physician's Medicare certification based solely on the physician's recommendation that a patient have access to an investigational adult stem cell treatment, or the physician's administration of an investigational adult stem cell treatment to the eligible patient, provided that the recommendation made or the care provided meets the applicable standard of care and the requirements of this Part. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.21 - Prohibited conduct by government officials.

§ 90-325.21. Prohibited conduct by government officials.
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 consistent with medical standards of care from a licensed health care provider does not constitute a violation of this section. (2019-70, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 23A - Right to Try Act. › § 90-325.22 - Insurance of clinical trials.

§ 90-325.22. Insurance of clinical trials.
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.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-329 - Declaration of policy.

§ 90-329. Declaration of policy.
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.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-331 - Prohibitions.

§ 90-331. Prohibitions.
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 Supervisor," use the letters "LCMHCA," "LCMHC," or "LCMHCS," use any facsimile or combination of these words or letters, abbreviations, or insignia, or indicate or imply orally, in writing, or in any other way that the person is a licensed clinical mental health counselor. (1983, c. 755, s. 1; 1993, c. 514, s. 1; 2001-487, s. 40(k); 2009-367, s. 2; 2019-240, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-332 - Use of title by firm.

§ 90-332. Use of title by firm.
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. (1983, c. 755, s. 1; 1993, c. 514, s. 1; 2019-240, s. 2(a).)