reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-682.1 - Medical Board approval required.

§ 90-682.1. Medical Board approval required.
(a) The Committee shall report to the Medical Board all actions taken by the Committee pursuant to this Article, except for actions taken by the Committee pursuant to G.S. 90-684. No action by the Committee is effective unless the action is approved by the Medical Board. The Medical Board may also rescind or supersede, in whole or in part, any action taken by the Committee in carrying out the provisions of this Article, except for actions taken by the Committee pursuant to G.S. 90-684. In rescinding or superseding an action by the Committee, the Board may remand the matter back to the Committee with instructions to perform some act consistent with this Article or Article 1 of Chapter 90. Members of the Medical Board may be selected by the President of the Board to participate in the matter that is the subject of the Order remanding the matter back to the Committee.
(b) The Board may waive any requirements of this Article consistent with G.S. 90-12.5. (2005-267, s. 1; 2007-346, s. 7; 2007-525, s. 6.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-683 - License required; exemptions.

§ 90-683. License required; exemptions.
(a) On or after July 1, 2006, no person shall practice or offer to practice perfusion as defined in this Article, use the title "licensed perfusionist" or "provisional licensed perfusionist", use the letters "LP" or "PLP", or otherwise indicate or imply that the person is a licensed perfusionist or a provisionally licensed perfusionist unless that person is currently licensed as provided in this Article.
(b) The provisions of this Article shall not apply to:
(1) Any 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 licensed to engage in another profession or occupation in this State if the person is performing work incidental to the practice of that profession or occupation and the person does not represent himself or herself as a licensed perfusionist or a provisionally licensed perfusionist.
(2) A student enrolled in an accredited perfusion education program if perfusion services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed perfusionist.
(3) A perfusionist employed by the United States government when performing duties associated with that employment.
(4) A person performing autotransfusion or blood conservation techniques under the direct supervision of a licensed physician. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-685 - Powers of the Committee.

§ 90-685. Powers of the Committee.
The Committee shall have the power and duty to:
(1) Administer this Article.
(2) Issue interpretations of this Article.
(3) Adopt, amend, or repeal rules as may be necessary to carry out the provisions of this Article.
(4) Employ and fix the compensation of personnel that the Committee determines is necessary to carry into effect the provisions of this Article and incur other expenses necessary to effectuate this Article.
(4a) Establish the standards for qualifications and fitness of applicants for licensure, provisional licensure, licensure renewal, and reciprocal licensure.
(5) Determine the qualifications and fitness of applicants for licensure, provisional licensure, licensure renewal, and reciprocal licensure.
(6) Issue, renew, deny, suspend, or revoke licenses, order probation, issue reprimands, and carry out any other disciplinary actions authorized by this Article.
(7) Set fees for licensure, provisional licensure, reciprocal licensure, licensure renewal, and other services deemed necessary to carry out the purposes of this Article.
(8) Establish continuing education requirements for licensees.
(9) Establish a code of ethics for licensees.
(10) Maintain a current list of all persons who have been licensed under this Article.
(11) Conduct investigations for the purpose of determining whether violations of this Article or grounds for disciplining licensees exist.
(12) Maintain a record of all proceedings and make available to all licensees and other concerned parties an annual report of all Committee action.
(13) Adopt a seal containing the name of the Committee for use on all official documents and reports issued by the Committee.
(14) Summon and issue subpoenas for the appearance of any witnesses deemed necessary to testify concerning any matter to be heard before or inquired into by the Committee.
(15) Order that any patient records, documents, or other material concerning any matter to be heard before or inquired into by the Committee shall be produced before the Committee or made available for inspection, notwithstanding any other provisions of law providing for the application of any physician-patient privilege with respect to such records, documents, or other material. The Committee shall withhold from public disclosure the identity of a patient, including information relating to dates and places of treatment, or any other information that would tend to identify the patient, unless the patient or the representative of the patient expressly consents to the disclosure.
(16) Order a licensee whose health and effectiveness have been significantly impaired by alcohol, drug addiction, or mental illness to attend and successfully complete a treatment program as deemed necessary and appropriate. (2005-267, s. 1; 2007-525, s. 8.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-685.1 - Confidentiality of Committee investigative information.

§ 90-685.1. Confidentiality of Committee investigative information.
(a) All records, papers, investigative files, investigative reports, other investigative information, and other documents containing information in the possession of or received or gathered by the Committee or its members or employees as a result of investigations, inquiries, or interviews conducted in connection with a licensing, complaint, or disciplinary matter shall not be considered public records within the meaning of Chapter 132 of the General Statutes and are privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Committee, its employees, or agents involved in the application for license or discipline of a license holder, except as provided in subsection (b) of this section. For purposes of this subsection, investigative information includes information relating to the identity of, and a report made by, a perfusionist, or other person performing an expert review for the Committee.
(b) The Committee shall provide the licensee or applicant with access to all information in its possession that the Committee intends to offer into evidence in presenting its case in chief at the contested hearing on the matter, subject to any privilege or restriction set forth by rule, statute, or legal precedent, upon written request from a licensee or applicant who is the subject of a complaint or investigation, or from the licensee's or applicant's counsel, unless good cause is shown for delay. The Committee is not required to provide any of the following:
(1) A Committee investigative report.
(2) The identity of a nontestifying complainant.
(3) Attorney-client communications, attorney work product, or other materials covered by a privilege recognized by the Rules of Civil Procedure or the Rules of Evidence. (2007-525, s. 9.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-686 - Qualifications for licensure.

§ 90-686. Qualifications for licensure.
(a) An applicant shall be licensed to practice perfusion if the applicant meets all of the following qualifications:
(1) Is at least 18 years old.
(2) Completes an application on a form provided by the Committee.
(3) Successfully completes a perfusion education program approved by the Committee.
(4) Pays the required fee under G.S. 90-689.
(5) Is a certified clinical perfusionist.
(b) All persons licensed under this section shall practice perfusion under the supervision of a physician licensed under Article 1 of Chapter 90 of the General Statutes. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-687 - Reciprocity.

§ 90-687. Reciprocity.
The Committee may grant, upon application and payment of proper fees, a license to a person who has been licensed to practice perfusion in another state or territory of the United States whose standards of competency are substantially equivalent to those provided in this Article or holds a current certificate as a certified clinical perfusionist. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-688 - Provisional license.

§ 90-688. Provisional license.
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 perfusion under the supervision and direction of a licensed perfusionist and in accordance with rules adopted pursuant to this Article. A license granted under this section shall contain an endorsement indicating that the license is provisional and stating the terms and conditions of its use by the licensee and shall state the date the license was granted and the date it expires. Provisional licenses shall be renewed in accordance with the provisions of G.S. 90-690. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-689 - Expenses; fees.

§ 90-689. Expenses; fees.
(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, and expenses incurred or allowed to carry out the purposes of this Article shall be paid by the Medical Board exclusively out of the fees received by the Medical Board as authorized by this Article or funds received from other sources. In no case shall any salary, expense, or other obligation authorized by this Article be charged against the State treasury.
(c) The Committee, upon the approval of the Medical Board, shall establish fees not exceeding the following amounts:
(1) License application $350.00
(2) Biennial renewal of license $350.00
(3) Late renewal of license $100.00
(4) Provisional license $175.00
(5) Copies of rules Cost.
(2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-690 - Renewal of licenses.

§ 90-690. Renewal of licenses.
(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 renewal of unexpired licenses shall be filed with the Committee and accompanied by proof satisfactory to the Committee that the applicant has completed the continuing education requirements established by the Committee and the renewal fee as required by G.S. 90-689.
(b) An application for renewal of a license that has been expired for less than three years shall be accompanied by proof satisfactory to the Committee that the applicant has current certification as defined by G.S. 90-682(1), has satisfied the continuing education requirements established by the Committee and has paid the renewal and late fees required by G.S. 90-689. A license that has been expired for more than three years shall not be renewed, but the applicant may apply for a new license by complying with the current requirements for licensure under this Article. (2005-267, s. 1; 2007-525, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-690.1 - Maintenance of certification to maintain licensure.

§ 90-690.1. Maintenance of certification to maintain licensure.
(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. 90-691, or upon a finding consistent with G.S. 150B-3(c), may order the summary suspension of the perfusionist's license.
(b) The provisions of this section shall not apply to perfusionists who were licensed under Section 2 of S. L. 2005-267. (2007-525, s. 11.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-691 - Disciplinary authority.

§ 90-691. Disciplinary authority.
(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, refuse to renew, suspend, or revoke an application or license if the applicant or licensee:
(1) Gives false information or withholds material information from the Committee in procuring or attempting to procure a license.
(2) Gives false information or withholds material information from the Committee during the course of an investigation conducted by the Committee.
(3) Has been convicted of or pled guilty or no contest to a crime that indicates the person is unfit or incompetent to practice perfusion as defined in this Article or that indicates the person has deceived, defrauded, or endangered the public.
(4) Has a habitual substance abuse or mental impairment that interferes with his or her ability to provide appropriate care as established by this Article or rules adopted by the Committee. The Committee is empowered and authorized to require a licensee to submit to a mental or physical examination by persons designated by the Committee before or after charges may be presented against the licensee, and the results of the examination shall be admissible in evidence in a hearing before the Committee.
(5) Has demonstrated gross negligence, incompetency, or misconduct in the practice of perfusion as defined in this Article. The Committee may, upon reasonable grounds, require a licensee to submit to inquiries or examinations, written or oral, as the Committee deems necessary to determine the professional qualifications of the licensee.
(6) Has had an application for licensure or a license to practice perfusion in another jurisdiction denied, suspended, or revoked for reasons that would be grounds for similar action in this State.
(7) Has willfully violated any provision of this Article or rules adopted by the Committee.
(8) Has allowed his or her certification to lapse.
(b) The taking of any action authorized under subsection (a) of this section may be ordered by the Committee after a hearing is held in accordance with Article 3A of Chapter 150B of the General Statutes. The Committee may reinstate a revoked license if it finds that the reasons for revocation no longer exist and that the person can reasonably be expected to perform the services authorized under this Article in a safe manner. (2005-267, s. 1; 2007-525, s. 12.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-692 - Enjoining illegal practices.

§ 90-692. Enjoining illegal practices.
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.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-693 - Civil penalties; disciplinary costs.

§ 90-693. Civil penalties; disciplinary costs.
(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 assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b) Consideration Factors. – Before imposing and assessing a civil penalty, the Committee shall consider the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c) Schedule of Civil Penalties. – The Committee shall establish a schedule of civil penalties for violations of this Article and rules adopted by the Committee.
(d) Costs. – The Committee may assess the costs of disciplinary actions against a person found to be in violation of this Article or rules adopted by the Committee. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-694 - Third-party reimbursement.

§ 90-694. Third-party reimbursement.
Nothing in this Article shall be construed to require direct third-party reimbursements to persons licensed under this Article. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 42 - Polysomnography Practice Act. › § 90-721 - Definitions.

§ 90-721. Definitions.
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 accreditation body of the National Organization for Competency Assurance (NOCA).
(2) Direct supervision. – An act whereby a registered polysomnographic technologist who is providing supervision is present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure.
(3) General supervision. – The authority and responsibility to direct the performance of activities as established by policies and procedures for safe and appropriate completion of polysomnography services whereby the physical presence of a licensed physician is not required during the performance of the polysomnographic procedure, but the licensed physician must be available for assistance, if needed.
(4) Licensed physician. – A physician licensed to practice medicine under Article 1 of Chapter 90 of the General Statutes.
(5) Medical Board. – The North Carolina Medical Board established under G.S. 90-2.
(6) Polysomnography. – The allied health specialty involving the process of attended and unattended monitoring, analysis, and recording of physiological data during sleep and wakefulness to assist in the assessment of sleep and wake disorders and other sleep disorders, syndromes, and dysfunctions that are sleep-related, manifest during sleep, or disrupt normal sleep and wake cycles and activities.
(7) Registered polysomnographic technologist. – A person who is credentialed by the Board as a "Registered Polysomnographic Technologist" (RPSGT).
(8) Student. – A person who is enrolled in a polysomnography educational program approved by the Board as an acceptable pathway to meet eligibility requirements for credentialing. (2009-434, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 42 - Polysomnography Practice Act. › § 90-722 - Practice of polysomnography.

§ 90-722. Practice of polysomnography.
(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 techniques, equipment, or procedures:
a. Positive airway pressure (PAP) devices, such as continuous positive airway pressure (CPAP), and bilevel and other approved devices, providing forms of pressure support used to treat sleep disordered breathing on patients using a mask or oral appliance; provided, the mask or oral appliance does not attach to an artificial airway or extend into the trachea.
b. Supplemental low flow oxygen therapy, up to eight liters per minute, utilizing nasal cannula or administered with continuous or bilevel positive airway pressure during a polysomnogram.
c. Capnography during a polysomnogram.
d. Cardiopulmonary resuscitation.
e. Pulse oximetry.
f. Gastroesophageal pH monitoring.
g. Esophageal pressure monitoring.
h. Sleep staging, including surface electroencephalography, surface electrooculagraphy, and surface submental or masseter electromyography.
i. Surface electromyography.
j. Electrocardiography.
k. Respiratory effort monitoring, including thoracic and abdominal movement.
l. Plethysmography blood flow monitoring.
m. Snore monitoring.
n. Audio and video monitoring.
o. Body movement.
p. Nocturnal penile tumescence monitoring.
q. Nasal and oral airflow monitoring.
r. Body temperature monitoring.
s. Actigraphy.
(2) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted based on protocol and physician's order.
(3) Analyzing and scoring data collected during the monitoring described in subdivisions (1) and (2) of this subsection for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders.
(4) Implementing a written or verbal order from a licensed physician that requires the practice of polysomnography.
(5) Educating a patient regarding polysomnography and sleep disorders.
(b) Limitations. – The practice of polysomnography shall be performed under the general supervision of a licensed physician. The practice of polysomnography shall take place in a hospital, a stand-alone sleep laboratory or sleep center, or a patient's home. However, the scoring of data and education of patients may take place in settings other than a hospital, stand-alone sleep laboratory or sleep center, or patient's home. (2009-434, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 42 - Polysomnography Practice Act. › § 90-723 - Unlawful acts.

§ 90-723. Unlawful acts.
(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 credentialed to practice polysomnography.
(3) Use the title "Registered Polysomnographic Technologist" or the initials "RPSGT."
(b) Violations. – A violation of this section is a Class 1 misdemeanor. Complaints and investigations of violations of this Article shall be directed to and conducted by the Board. The court may issue injunctions or restraining orders to prevent further violations under this Article. (2009-434, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 42 - Polysomnography Practice Act. › § 90-724 - Exemptions.

§ 90-724. Exemptions.
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 licensed to engage in another profession or occupation in this State if the person is performing work incidental to or within the scope of practice of that profession or occupation and the person does not represent himself or herself as a registered polysomnographic technologist.
(2) An individual employed by the United States government when performing duties associated with that employment.
(3) Research investigation that monitors physiological parameters during sleep or wakefulness, provided that the research investigation has been approved and deemed acceptable by an institutional review board, follows conventional safety measures required for the procedures, and the information is not obtained or used for the practice of clinical medicine.
(4) A physician licensed to practice medicine under Article 1 of Chapter 90 of the General Statutes or a physician assistant or nurse practitioner licensed to perform medical acts, tasks, and functions under Article 1 of Chapter 90 of the General Statutes.
(5) A student actively enrolled in a polysomnography education program if:
a. Polysomnographic services and post-training experience are performed by the student as an integral part of the student's course of study;
b. The polysomnographic services are performed under the direct supervision of a registered polysomnographic technologist; and
c. The student adheres to post-training examination guidelines established by the Board. (2009-434, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 42 - Polysomnography Practice Act. › § 90-725 - Listing requirements.

§ 90-725. Listing requirements.
(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 information to the Medical Board in the manner prescribed by the Medical Board:
(1) The person's full legal name.
(2) The person's complete address and telephone number.
(3) Evidence that the person is currently credentialed in good standing by the Board as a Registered Polysomnographic Technologist (RPSGT).
(4) The date the person was credentialed by the Board to practice polysomnography.
(5) A nonrefundable listing fee of fifty dollars ($50.00).
(b) Listing. – The Medical Board must maintain a listing of polysomnographic technologists that have submitted proof of credentials under this section. The Board must promptly notify the Medical Board, by mail or electronic means, when a person's credential is revoked or no longer in effect. Upon receipt of this notification, the Medical Board must remove the person's name from the list. (2009-434, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-731 - Declaration of purpose.

§ 90-731. Declaration of purpose.
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, unethical, or harmful conduct by individuals licensed to practice behavior analysis. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-734 - Powers and duties of Board.

§ 90-734. Powers and duties of Board.
(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 licensure under this Article.
(4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license under this Article.
(5) Establish fees for applications, initial and renewal licenses, and other services provided by the Board.
(6) Discipline individuals licensed under this Article.
(b) The Board may empower any member to conduct any proceeding or investigation necessary to its purposes and may empower its agent or counsel to conduct any investigation necessary to its purposes, but any final action requires a quorum of the Board. The Board shall adopt an official seal, which shall be affixed to all licenses issued by it. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-735 - Annual report.

§ 90-735. Annual report.
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, (ii) any cases heard and decisions rendered in matters before the Board, (iii) the recommendations of the Board as to future actions and policies, and (iv) a financial report. Each member of the Board shall review and sign the report before its submission to the Governor. Any Board member shall have the right to record a dissenting view. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-736 - License application.

§ 90-736. License application.
(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:
(1) The individual is of good moral character and conducts all professional activities in accordance with accepted professional and ethical standards.
(2) The individual has not engaged in any practice at any time that would be a ground for denial, revocation, or suspension of a license under G.S. 90-742.
(3) The individual has submitted the required criminal history record, as required by G.S. 90-744.
(4) The individual is qualified for licensure under the requirements of this Article.
(b) A license obtained through fraud or by any false representation is void. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-737 - Requirements for licensure as a behavior analyst.

§ 90-737. Requirements for licensure as a behavior analyst.
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 of all the following criteria:
(1) The applicant is at least 18 years of age.
(2) The applicant has passed the certifying entity's Board Certified Behavior Analyst examination.
(3) The applicant has an active status with the certifying entity as a Board Certified Behavior Analyst. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-738 - Requirement of licensure as an assistant behavior analyst.

§ 90-738. Requirement of licensure as an assistant behavior analyst.
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 the Board of all the following criteria:
(1) The applicant is at least 18 years of age.
(2) The applicant has passed the certifying entity's Board Certified Assistant Behavior Analyst examination.
(3) The applicant has an active status with the certifying entity as a Board Certified Assistant Behavior Analyst.
(4) The applicant has an ongoing arrangement for supervision by a licensed behavior analyst in a manner consistent with the certifying entity's requirements for supervision of Board Certified Assistant Behavior Analysts. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-739 - Renewal of license.

§ 90-739. Renewal of license.
(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 the renewal fee.
(3) Evidence of active certification by the certifying entity.
(4) For licensed assistant behavior analysts, evidence of the ongoing arrangement for supervision by a licensed behavior analyst, as required by G.S. 90-738. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-740 - Temporary licensure.

§ 90-740. Temporary licensure.
(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 services are to be delivered during a limited and defined period of service approved by the Board. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-741 - Reciprocity.

§ 90-741. Reciprocity.
(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 licensed under this Article.
(b) Applicants for licensure by reciprocity shall submit the following items:
(1) Proof of ethical compliance.
(2) Proof of current licensure.
(3) Proof of current certification by the certifying entity.
(4) A criminal history record check as required by G.S. 90-744.
(5) Any other eligibility requirement as deemed appropriate by the Board. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-743 - Fees.

§ 90-743. Fees.
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 application $100.00.
(2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-744 - Criminal history record checks of applicants for licensure.

§ 90-744. Criminal history record checks of applicants for licensure.
(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 Department of Justice the applicant's fingerprints to be checked, a form signed by the applicant consenting to the criminal history record check and the use of fingerprints and other identifying information required by the State or National Repositories, and any additional information required by the Department of Justice. The Board shall keep all information obtained in accordance with this section confidential.
(b) The cost of the criminal history record check and the fingerprinting shall be paid by the applicant. The Board shall collect any fees required by the Department of Justice and shall remit the fees to the Department of Justice for expenses associated with conducting the criminal history record check.
(c) If an applicant's criminal history record reveals one or more criminal convictions, the conviction shall not automatically bar licensure. The Board shall consider all of the following factors regarding the conviction:
(1) The level of seriousness of the crime.
(2) The date of the crime.
(3) The age of the individual at the time of conviction.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct of the individual and the job duties of the position to be filled.
(6) The applicant's prison, jail, probation, parole, rehabilitation, and employment records since the date the crime was committed.
(d) If, after reviewing the factors, the Board determines that any of the grounds to deny licensure exist, the Board may deny licensure of the applicant. The Board may disclose to the applicant information contained in the criminal history record that is relevant to the denial if disclosure of the information is permitted by applicable State and federal law. The Board shall not provide a copy of the criminal history to the applicant. The applicant shall have the right to appear before the Board to appeal the Board's decision. An appearance before the full Board shall constitute an exhaustion of administrative remedies in accordance with Chapter 150B of the General Statutes.
(e) The Board, its officers, and employees, acting in good faith and in compliance with this section, shall be immune from civil liability for denying licensure to an applicant based on information provided in the applicant's criminal history record. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-745 - Exemptions from licensure.

§ 90-745. Exemptions from licensure.
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 is a behavior technician delivering applied behavior analysis services under the extended authority and direction of a licensed behavior analyst, licensed assistant behavior analyst, or other professional licensed under this Chapter or Chapter 90B of the General Statutes, so long as the services of the licensed professional are within the scope of practice of the license possessed by that licensed professional, and the services performed are commensurate with the licensed professional's education, training, and experience. The behavior technician does not design assessment or intervention plans or procedures but delivers services as assigned by a supervisor who is responsible for the behavior technician's work.
(3) The individual is a family member, guardian, or other caretaker implementing a behavior analysis treatment plan under the direction of a licensed behavior analyst or a licensed assistant behavior analyst.
(4) The individual engages in the practice of behavior analysis with nonhuman subjects, including individuals who are animal behaviorists and animal trainers.
(5) The individual provides general behavior analysis services to organizations, so long as the services are for the benefit of the organizations and do not involve direct services to individuals.
(6) The individual is a professional licensed under this Chapter or Chapter 90B of the General Statutes, so long as the licensed professional does not represent that the licensed professional is a licensed behavior analyst or licensed assistant behavior analyst and the services of the licensed professional are within the scope of practice of the license possessed by that licensed professional and the services performed are commensurate with the licensed professional's education, training, and experience.
(7) The activities are part of a defined college or university course program of study, practicum, or intensive practicum, so long as that individual is under direct supervision of (i) a licensed behavior analyst, (ii) an instructor in a course sequence approved by the certifying entity, or (iii) a qualified faculty member.
(8) The individual is pursuing experience in behavior analysis consistent with the certifying entity's experience requirements, so long as the individual's activities are supervised by a licensed behavior analyst. (2021-22, s. 1(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-746 - Prohibited acts and penalties.

§ 90-746. Prohibited acts and penalties.
(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 accordance with the provisions of this Article practicing behavior analysis or holding oneself out to the public as an individual practicing behavior analysis in violation of this Article is guilty of a Class 2 misdemeanor. Each violation shall count as a separate offense. (2021-22, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 43 - Behavior Analyst Licensure. › § 90-747 - Injunction.

§ 90-747. Injunction.
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 as a result of the violation. (2021-22, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90A - Sanitarians and Water and Wastewater Treatment Facility Operators › Article 2 - Certification of Water Treatment Facility Operators. › § 90A-20 - Purpose.

§ 90A-20. Purpose.
It is the purpose of this Article to protect the public health and to conserve and protect the water resources of the State; to protect the public investment in water treatment facilities; to provide for the classifying of public water treatment facilities; to require the examination of water treatment facility operators and the certification of their competency to supervise the operation of water treatment facilities; and to establish the procedures for such classification and certification. Further, it is the purpose of this Article to provide for the certification of personnel operating the distribution portion of a water treatment facility. (1969, c. 1059, s. 2; 1989, c. 227, s. 1.)
2023 North Carolina General Statutes › Chapter 90A - Sanitarians and Water and Wastewater Treatment Facility Operators › Article 2 - Certification of Water Treatment Facility Operators. › § 90A-20.1 - Definitions.

§ 90A-20.1. Definitions.
In this Article, unless the context clearly requires otherwise, the following definitions apply:
(1) "Board" or "Board of Certification" means the Water Treatment Facility Operators Board of Certification.
(2) "Operator" means a person who operates, maintains or inspects water treatment facilities.
(3) "Operator in responsible charge" means a person designated by the owner of the water treatment facility to be responsible for the total operation and maintenance of the facility.
(4) "Public water system" means a system for the provision of piped water for human consumption as defined in G.S. 130A-313(10).
(5) "Unit of local government" means a county, city, consolidated city-county, sanitary district or other local political subdivision, authority or agency of local government.
(6) "Water treatment facility" means any facility or facilities used or available for use in the collection, treatment, testing, storage, pumping, or distribution of water for a public water system. (1989, c. 227, s. 2.)
2023 North Carolina General Statutes › Chapter 90A - Sanitarians and Water and Wastewater Treatment Facility Operators › Article 2 - Certification of Water Treatment Facility Operators. › § 90A-21 - Water Treatment Facility Operators Board of Certification.

§ 90A-21. Water Treatment Facility Operators Board of Certification.
(a) Board Membership. – There is hereby established within the Department of Environmental Quality a Water Treatment Facility Operators Board of Certification (hereinafter termed the "Board of Certification") composed of eight members to be appointed by the Governor as follows:
(1) One member who is currently employed as a water treatment facility operator;
(2) One member who is manager of a North Carolina municipality using a surface water supply;
(3) One member who is manager of a North Carolina municipality using a treated groundwater supply;
(4) One member who is employed as a director of utilities, water superintendent, or equivalent position with a North Carolina municipality;
(5) One member employed by a private water utility or private industry and who is responsible for the operation or supervision of a water supply and treatment facility;
(6) One member who is a faculty member of a four-year college or university whose major field is related to water supply;
(7) One member employed by the Department of Environmental Quality and working in the field of water supply;
(8) One member not certified or regulated under this Article, who shall represent the interest of the public at large.
(b) Terms of Office. – All members serving on the Board on June 30, 1981, shall complete their respective terms. No member appointed to the Board on or after July 1, 1981, shall serve more than two complete consecutive three-year terms, except that the member employed by the Department of Environmental Quality may serve more than two consecutive terms, and except that each member shall serve until his successor is appointed and qualifies. The Governor may remove any member for good cause shown and shall appoint members to fill unexpired terms. The Governor shall appoint the public member not later than July 1, 1981.
(c) Powers and Responsibilities. – The Board of Certification shall establish all rules, regulations and procedures with respect to the certification program and advise and assist the Secretary of Environmental Quality in its administration.
(d) Compensation. – Members of the Board of Certification who are officers or employees of State agencies or institutions shall receive subsistence and travel allowances at the rates authorized by G.S. 138-5.
(e) Officers. – The Board shall elect a chairman and all other necessary officers to serve one-year terms. A majority of the members of the Board shall constitute a quorum for the transaction of business.
(f) Annual Report. – The Board shall report annually to the Governor a full statement of its disciplinary and enforcement programs and activities during the year, together with such recommendations as it may deem expedient. (1969, c. 1059, s. 2; 1973, c. 476, s. 128; 1981, c. 616, ss. 1-5; 1989, c. 727, s. 219(7); 1997-443, s. 11A.24; 2015-241, ss. 14.30(u), (v).)