reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.11 - Requirements for massage and bodywork therapy establishment licensure.

§ 90-632.11. Requirements for massage and bodywork therapy establishment licensure.
(a) Any person who wishes to operate a massage and bodywork therapy establishment shall obtain a license from the Board by submitting a massage and bodywork therapy establishment licensure application accompanied by all of the following:
(1) The applicable fee set forth in G.S. 90-632.14.
(2) Proof of property damage and bodily injury liability insurance coverage in the name of the owner or, if the establishment is operated under a business name, in the name of both the owner and the business.
(3) Prior licensure and disciplinary history, including verifications from all North Carolina licensing boards from which the owner holds or has held any health related professional license.
(4) Fingerprint cards submitted in accordance with G.S. 90-629.1 at the time the license application is filed and consented to a criminal history record check by the Department of Public Safety.
(5) Ownership information, including at least all of the following:
a. Type of ownership.
b. Name of owner.
c. Name of authorized representative.
d. Address of establishment.
e. Social Security number or federal tax identification number.
f. E-mail address.
g. Current phone number.
h. Hours of operation.
(6) Proof of good moral character as determined by the Board.
(7) Signature of all owners or authorized corporate representatives or both.
(8) A successfully completed self-evaluation inspection report demonstrating compliance with this section and any rules adopted pursuant to G.S. 90-632.13.
(9) Proof that the establishment employs, hires, or plans to employ or hire one or more massage and bodywork therapists who hold a current license from the Board.
(b) The application for licensure shall be submitted in the name of the owner or owners of the establishment. If the owner is a corporation, the application shall be submitted in the name of the corporation and shall be signed by a corporate representative. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.12 - Operation of a massage and bodywork therapy establishment under a name different than the owner; advertisment.

§ 90-632.12. Operation of a massage and bodywork therapy establishment under a name different than the owner; advertisment.
(a) An owner may operate a licensed massage and bodywork therapy establishment under a name other than the name of the owner, provided such name is submitted to the Board on the application for licensure.
(b) Any advertisement by the massage and bodywork therapy establishment shall include the establishment's business name and shall comply with 21 NCAC 30.0404. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.13 - Rules for massage and bodywork therapy establishment license.

§ 90-632.13. Rules for massage and bodywork therapy establishment license.
The Board shall establish rules for the licensure of massage and bodywork therapy establishments. These rules shall include at least all of the following:
(1) Requirements for adequate, safe, and sanitary facilities.
(2) Requirements for compliance with local building code requirements, State fire safety codes, and State health inspection codes necessary to ensure the safe and effective practice of massage and bodywork therapy.
(3) Requirements for retention of client and ownership records.
(4) A description of the process used by the Board to approve massage and bodywork therapy establishment licenses.
(5) Requirements for initial and periodic inspections of massage and bodywork therapy establishments.
(6) Requirements for transfer of a massage and bodywork therapy establishment license. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.14 - Fees for massage and bodywork therapy establishment license.

§ 90-632.14. Fees for massage and bodywork therapy establishment license.
(a) The Board may impose the following fees up to the amounts listed below for massage and bodywork therapy establishment licensure:
(1) Application for license $20.00
(2) Initial license fee 150.00
(3) License renewal 100.00
(4) Late renewal penalty 75.00
(5) Duplicate license 25.00
(6) Inspection of establishment 150.00
(b) All fees listed in subsection (a) of this section shall be paid in the form of a cashier's check, certified check, or money order made payable to the North Carolina Board of Massage and Bodywork Therapy and shall be nonrefundable. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.15 - Grounds for suspension, revocation, or refusal of a massage and bodywork therapy establishment license; notice and hearing; judicial review.

§ 90-632.15. Grounds for suspension, revocation, or refusal of a massage and bodywork therapy establishment license; notice and hearing; judicial review.
(a) The Board may deny, suspend, revoke, discipline, or refuse to approve a massage and bodywork therapy establishment for any of the following reasons:
(1) The employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a massage and bodywork therapy establishment license.
(2) Engaging in any act or practice in violation of any of the provisions of this Article or of any of the rules adopted by the Board or aiding, abetting, or assisting any other person in the violation of the provisions of this Article or rules adopted by the Board.
(3) Failure to require that its employees or independent contractors be currently licensed by the Board.
(4) Operating a massage and bodywork therapy establishment without a license from this Board.
(5) Engaging in conduct that could result in harm or injury to the public.
(6) The employment of fraud, deceit, or misrepresentation when communicating with the general public, health care professionals, or other business professionals.
(7) Falsely holding out a massage and bodywork therapy establishment as licensed by this Board.
(8) Failure to allow authorized representatives of the Board to conduct inspections of the massage and bodywork therapy establishment or refusing to make available to the Board, following written notice to the massage and bodywork therapy establishment, the requested information pertaining to the requirements for approval set forth in this Article.
(9) Failure to notify the Board in writing within 30 days of any notification it receives from any state, local, or federal court or agency of a show cause action, probation action, or denial of licensure or approval.
(10) The applicant for or holder of a massage and bodywork therapy establishment license has pleaded guilty, entered a plea of nolo contendere, or has been found guilty of a crime involving moral turpitude by a judge or jury in any state or federal court.
(b) A refusal to issue, refusal to renew, or suspension or revocation of a massage and bodywork therapy establishment license under this section shall be made in accordance with Chapter 150B of the General Statutes. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.16 - Unlicensed massage and bodywork therapy prohibited at massage and bodywork therapy establishments.

§ 90-632.16. Unlicensed massage and bodywork therapy prohibited at massage and bodywork therapy establishments.
A massage and bodywork therapy establishment shall not employ or contract with any person in this State to provide massage and bodywork therapy unless that person holds a current license to practice massage and bodywork therapy issued pursuant to this Article. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.17 - Sexual activity prohibited.

§ 90-632.17. Sexual activity prohibited.
(a) Sexual activity or solicitation of sexual activity by any person or persons in any massage and bodywork therapy establishment is unlawful and prohibited.
(b) No owner shall engage in or permit any person or persons to engage in sexual activity in the owner's massage and bodywork therapy establishment. No owner shall engage in or permit any person or persons to use the owner's massage and bodywork therapy establishment to make arrangements to engage in sexual activity in any other place. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.18 - Enforcement; injunctive relief against massage and bodywork therapy establishments.

§ 90-632.18. Enforcement; injunctive relief against massage and bodywork therapy establishments.
The Board may utilize the enforcement and injunctive relief set forth in G.S. 90-634 and assess civil penalties and disciplinary costs as provided in G.S. 90-634.1 to address violations of G.S. 90-632.10 through G.S. 90-632.17, any rules adopted pursuant to G.S. 90-632.13, or any other laws or rules applicable to the operation of a massage and bodywork therapy establishment. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-632.19 - Human trafficking public awareness sign.

§ 90-632.19. Human trafficking public awareness sign.
The Board may require that a massage and bodywork therapy establishment prominently display on the premises in a place that is clearly conspicuous and visible to employees and the public a public awareness sign created and provided by the North Carolina Human Trafficking Commission that contains the National Human Trafficking Resource hotline information. (2017-151, s. 3(k).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-633 - Disciplinary action.

§ 90-633. Disciplinary action.
(a) The Board may deny, suspend, revoke, or refuse to license a massage and bodywork therapist or applicant for any of the following:
(1) The employment of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license.
(2) The use of drugs or intoxicating liquors to an extent that affects professional competency.
(3) Conviction of an offense under any municipal, State, or federal narcotic or controlled substance law.
(4) Conviction of a felony or other public offense involving moral turpitude.
(5) An adjudication of insanity or incompetency.
(6) Engaging in any act or practice in violation of any of the provisions of this Article or of any of the rules adopted by the Board, or aiding, abetting, or assisting any other person in the violation of these provisions or rules. For purposes of this subdivision, the phrase "aiding, abetting, or assisting any other person" does not include acts intended to inform the individual who is not in compliance with this Article of the steps necessary to comply with this Article or any rules adopted by the Board.
(7) The commission of an act of malpractice, gross negligence, or incompetency.
(8) Practice as a licensee under this Article without a valid certificate or renewal.
(9) Engaging in conduct that could result in harm or injury to the public.
(10) The employment of fraud, deceit, or misrepresentation when communicating with the general public, health care professionals, or other business professionals.
(11) Falsely holding out himself or herself as licensed or certified in any discipline of massage and bodywork therapy without successfully completing training approved by the Board in that specialty.
(12) The application of systems of activity by a massage and bodywork therapist during the course of therapy with the intent of providing sexual stimulation or otherwise pursuing sexual contact.
(b) The Board may reinstate a revoked license, revoke censure or other judgment, or remove other licensure restrictions if the Board finds that the reasons for revocation, censure, or other judgment or other licensure restrictions no longer exist and the massage and bodywork therapist or applicant can reasonably be expected to safely and properly practice as a massage and bodywork therapist. (1998-230, s. 10; 2008-224, s. 17.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-634 - Enforcement; injunctive relief.

§ 90-634. Enforcement; injunctive relief.
(a) It is unlawful for a person not licensed or exempted under this Article to engage in any of the following:
(1) Practice of massage and bodywork therapy.
(2) Advertise, represent, or hold out himself or herself to others to be a massage and bodywork therapist.
(3) Use any title descriptive of any branch of massage and bodywork therapy, as provided in G.S. 90-623, to describe his or her practice.
(b) A person who violates subsection (a) of this section shall be guilty of a Class 1 misdemeanor.
(b1) Unless exempt from the approval process, it is unlawful for an individual, association, partnership, corporation, or other entity to open, operate, or advertise a massage and bodywork therapy school without first having obtained the approval required by G.S. 90-631.1.
(b2) An individual, association, partnership, corporation, or other entity that violates subsection (b1) of this section shall be guilty of a Class 3 misdemeanor.
(b3) It is unlawful for a person, individual, association, partnership, corporation, or other entity to do any of the following:
(1) Employ, hire, engage, or otherwise contract with a person who is not licensed or exempted under this Article to provide massage and bodywork therapy services to the public.
(2) Aid and abet any person not licensed or exempted under this Article in the practice of massage and bodywork therapy.
(3) Advertise, represent, or hold out any person not licensed or exempted under this Article to others as a massage and bodywork therapist.
(4) Describe the practice of any person not licensed or exempted under this Article or use any title descriptive of any branch of massage and bodywork therapy to reference any such person in violation of G.S. 90-623.
(b4) A person who violates subsection (b3) of this section shall be guilty of a Class 1 misdemeanor.
(c) The Board may make application to superior court for an order enjoining a violation of this Article. Upon a showing by the Board that a person, association, partnership, corporation, or other entity has violated or is about to violate this Article, the court may grant an injunction, restraining order, or take other appropriate action. (1998-230, s. 10; 2008-224, s. 18; 2009-570, s. 12; 2017-151, s. 3(l).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-634.1 - Civil penalties; disciplinary costs.

§ 90-634.1. Civil penalties; disciplinary costs.
(a) Authority to Assess Civil Penalties. – The Board 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 Board. The continuation of the same act for which the penalty is imposed shall not be the basis for an additional penalty unless the penalty is imposed against the same party who has repeated the same act for which the discipline has previously been imposed. 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 Board 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 Board shall establish a schedule of civil penalties for violations of this Article and rules adopted by the Board.
(d) Transcriptions Costs. – The Board may assess the costs of transcriptions of a disciplinary hearing held by the Board or the Office of Administrative Hearings to include the recording of the hearing by a court reporter and transcription of the proceeding against a person found to be in violation of this Article or rules adopted by the Board. (2003-348, s. 4; 2008-224, s. 19.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-635 - Third-party reimbursement.

§ 90-635. Third-party reimbursement.
Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1998-230, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 36 - Massage and Bodywork Therapy Practice. › § 90-636 - Regulation by county or municipality.

§ 90-636. Regulation by county or municipality.
Nothing in this Article shall be construed to prohibit a county or municipality from regulating persons covered by this Article, however, a county or municipality may not impose regulations that are inconsistent with this Article. (1998-230, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 37 - Health Care Practitioner Identification. › § 90-640 - Identification badges required.

§ 90-640. Identification badges required.
(a) For purposes of this section, "health care practitioner" means an individual who is licensed, certified, or registered to engage in the practice of medicine, nursing, dentistry, pharmacy, or any related occupation involving the direct provision of health care to patients.
(b) When providing health care to a patient, a health care practitioner shall wear a badge or other form of identification displaying in readily visible type the individual's name and the license, certification, or registration held by the practitioner. If the identity of the individual's license, certification, or registration is commonly expressed by an abbreviation rather than by full title, that abbreviation may be used on the badge or other identification.
(c) The badge or other form of identification is not required to be worn if the patient is being seen in the health care practitioner's office and, the name and license of the practitioner can be readily determined by the patient from a posted license, a sign in the office, a brochure provided to patients, or otherwise.
(d) Each licensing board or other regulatory authority for health care practitioners may adopt rules for exemptions from wearing a badge or other form of identification, or for allowing use of the practitioner's first name only, when necessary for the health care practitioner's safety or for therapeutic concerns.
(e) Violation of this section is a ground for disciplinary action against the health care practitioner by the practitioner's licensing board or other regulatory authority. (1999-320, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-647 - Purpose.

§ 90-647. Purpose.
The General Assembly finds that the practice of respiratory care in the State of North Carolina affects the public health, safety, and welfare and that the mandatory licensure of persons who engage in respiratory care is necessary to ensure a minimum standard of competency. It is the purpose and intent of this Article to protect the public from the unqualified practice of respiratory care and from unprofessional conduct by persons licensed pursuant to this Article. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-649 - North Carolina Respiratory Care Board; creation.

§ 90-649. North Carolina Respiratory Care Board; creation.
(a) The North Carolina Respiratory Care Board is created. The Board shall consist of 10 members as follows:
(1) Two members shall be respiratory care practitioners.
(2) Four members shall be physicians licensed to practice in North Carolina, and whose primary practice is Pulmonology, Anesthesiology, Critical Care Medicine, or whose specialty is Cardiothoracic Disorders.
(3) One member shall represent the North Carolina Hospital Association.
(4) One member shall represent the North Carolina Association of Medical Equipment Services.
(5) Two members shall represent the public at large.
(b) Members of the Board shall be citizens of the United States and residents of this State. The respiratory care practitioner members shall have practiced respiratory care for at least five years and shall be licensed under this Article. The public members shall not be: (i) a respiratory care practitioner, (ii) an agent or employee of a person engaged in the profession of respiratory care, (iii) a health care professional licensed under this Chapter or a person enrolled in a program to become a licensed health care professional, (iv) an agent or employee of a health care institution, a health care insurer, or a health care professional school, (v) a member of an allied health profession or a person enrolled in a program to become a member of an allied health profession, or (vi) a spouse of an individual who may not serve as a public member of the Board. (2000-162, s. 1; 2003-384, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-650 - Appointments and removal of Board members; terms and compensation.

§ 90-650. Appointments and removal of Board members; terms and compensation.
(a) The members of the Board shall be appointed as follows:
(1) The Governor shall appoint the public members described in G.S. 90-649(a)(5).
(2) The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint one of the respiratory care practitioner members described in G.S. 90-649(a)(1) and one of the physician members described in G.S. 90-649(a)(2) in accordance with G.S. 120-121.
(3) The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint one of the respiratory care practitioner members described in G.S. 90-649(a)(1) and one of the physician members described in G.S. 90-649(a)(2) in accordance with G.S. 120-121.
(4) The North Carolina Medical Society shall appoint one of the physician members described in G.S. 90-649(a)(2).
(5) The Old North State Medical Society shall appoint one of the physician members described in G.S. 96-649(a)(2).
(6) The North Carolina Hospital Association shall appoint the member described in G.S. 90-649(a)(3).
(7) The North Carolina Association of Medical Equipment Services shall appoint the member described in G.S. 90-649(a)(4).
(b) Members of the Board shall take office on the first day of November immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified. No member shall serve on the Board for more than two consecutive terms.
(c) The Governor may remove members of the Board, after notice and an opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this Article, or committing any act prohibited by this Article.
(d) Any vacancy shall be filled by the authority originally filling that position, except that any vacancy in appointments by the General Assembly shall be filled in accordance with G.S. 120-122. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
(e) Members of the Board shall receive no compensation for their services but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B-5.
(f) Individual members shall be immune from civil liability arising from activities performed within the scope of their official duties. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-651 - Election of officers; meetings of the Board.

§ 90-651. Election of officers; meetings of the Board.
(a) The Board shall elect a chair and a vice-chair who shall hold office according to rules adopted pursuant to this Article, except that all officers shall be elected annually by the Board for one-year terms and shall serve until their successors are elected and qualified.
(b) The Board shall hold at least two regular meetings each year as provided by rules adopted pursuant to this Article. The Board may hold additional meetings upon the call of the chair or any two Board members. A majority of the Board membership shall constitute a quorum. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-653 - Licensure requirements; examination.

§ 90-653. Licensure requirements; examination.
(a) Each applicant for licensure under this Article shall meet the following requirements:
(1) Submit a completed application as required by the Board.
(2) Submit any fees required by the Board.
(3) Submit to the Board written evidence, verified by oath, that the applicant has successfully completed the minimal requirements of a respiratory care education program as approved by the Commission for Accreditation of Allied Health Educational Programs, or the Canadian Council on Accreditation for Respiratory Therapy Education.
(4) Submit to the Board written evidence, verified by oath, that the applicant has successfully completed the minimal requirements for Basic Cardiac Life Support as recognized by the American Heart Association, the American Red Cross, or the American Safety and Health Institute.
(5) Pass the entry-level examination given by the National Board for Respiratory Care, Inc.
(b) At least three times each year, the Board shall cause the examination required in subdivision (5) of subsection (a) of this section to be given to applicants at a time and place to be announced by the Board. Any applicant who fails to pass the first examination may take additional examinations in accordance with rules adopted pursuant to this Article. (2000-162, s. 1; 2003-384, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-654 - Temporary license.

§ 90-654. Temporary license.
Upon application and payment of the required fees, the Board may grant a temporary license to a person who, at the time of application, submits notarized copies of the items required in G.S. 90-653(a)(3) through (a)(5) while awaiting official copies of the items from the issuing agency. The temporary license shall be valid for a period not to exceed 90 days from the date of application. (2000-162, s. 1; 2003-384, s. 4.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-655 - Licensure by reciprocity.

§ 90-655. Licensure by reciprocity.
The Board may grant, upon application and the payment of proper fees, a license to a person who, at the time of application holds a valid license, certificate, or registration as a respiratory care practitioner issued by another state or a political territory or jurisdiction acceptable to the Board if, in the Board's determination, the requirements for that license, certificate, or registration are substantially the same as the requirements for licensure under this Article. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-656 - Provisional license.

§ 90-656. Provisional license.
The Board may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed the education requirements under G.S. 90-653(a)(3) and has made application to take the examination required under G.S. 90-653(a)(5). A provisional license allows the individual to practice respiratory care under the direct supervision of a respiratory care practitioner 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. (2000-162, s. 1; 2003-384, s. 5.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-657 - Notification of applicant following evaluation of application.

§ 90-657. Notification of applicant following evaluation of application.
After evaluation of the application and of any other evidence required from the applicant by the Board, the Board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If the application and evidence is rejected, the notice shall state the reasons for the rejection. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-658 - License as property of the Board; display requirement; renewal; inactive status.

§ 90-658. License as property of the Board; display requirement; renewal; inactive status.
(a) A license issued by the Board is the property of the Board and shall be surrendered by the licensee to the Board on demand.
(b) The licensee shall display the license in the manner prescribed by the Board.
(c) The licensee shall inform the Board of any change of the licensee's address.
(d) The license shall be renewed by the Board annually upon the payment of a renewal fee if, at the time of application for renewal, the applicant is not in violation of this Article and has fulfilled the current requirements regarding continuing education as established by rules adopted pursuant to this Article.
(e) The Board shall notify a licensee at least 30 days in advance of the expiration of his or her license. Each licensee is responsible for renewing his or her license before the expiration date. Licenses that are not renewed automatically lapse.
(f) The Board may provide for the late renewal of an automatically lapsed license upon the payment of a late fee. No late fee renewal may be granted more than five years after a license expires.
(g) In accordance with rules adopted pursuant to this Article, a licensee may request that his or her license be declared inactive and may thereafter apply for active status. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-659 - Suspension, revocation, and refusal to renew a license.

§ 90-659. Suspension, revocation, and refusal to renew a license.
(a) The Board shall take the necessary actions to deny or refuse to renew a license, suspend or revoke a license, or to impose probationary conditions on a licensee or applicant if the licensee or applicant:
(1) Has engaged in any of the following conduct:
a. Employed fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license.
b. Committed an act of malpractice, gross negligence, or incompetence in the practice of respiratory care.
c. Practiced respiratory care without a license.
d. Engaged in health care practices that are determined to be hazardous to public health, safety, or welfare.
(2) Was convicted of or entered a plea of guilty or nolo contendere to any crime involving moral turpitude.
(3) Was adjudicated insane or incompetent, until proof of recovery from the condition can be established.
(4) Engaged in any act or practice that violates any of the provisions of this Article or any rule adopted pursuant to this Article, or aided, abetted, or assisted any person in such a violation.
(b) Denial, refusal to renew, suspension, or revocation of a license, or imposition of probationary conditions upon a licensee may be ordered by the Board after a hearing held in accordance with Article 3A of Chapter 150B of the General Statutes and rules adopted pursuant to this Article. An application may be made to the Board for reinstatement of a revoked license if the revocation has been in effect for at least one year. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-660 - Expenses; fees.

§ 90-660. Expenses; fees.
(a) All salaries, compensation, and expenses incurred or allowed for carrying out the purposes of this Article shall be paid by the Board exclusively out of the fees received by the Board as authorized by this Article or funds received from other sources. In no case shall any salary, expense, or other obligations of the Board be charged against the State.
(b) All monies received by the Board pursuant to this Article shall be deposited in an account for the Board and shall be used for the administration and implementation of this Article. The Board shall establish fees in amounts to cover the cost of services rendered for the following purposes:
(1) For an initial application, a fee not to exceed fifty dollars ($50.00).
(2) For examination or reexamination, a fee not to exceed two hundred dollars ($200.00).
(3) For issuance of any license, a fee not to exceed one hundred fifty dollars ($150.00).
(4) For the renewal of any license, a fee not to exceed seventy-five dollars ($75.00).
(5) For the late renewal of any license, an additional late fee not to exceed seventy-five dollars ($75.00).
(6) For a license with a provisional or temporary endorsement, a fee not to exceed fifty dollars ($50.00).
(7) For copies of rules adopted pursuant to this Article and licensure standards, charges not exceeding the actual cost of printing and mailing.
(8) For official verification of licensure status, a fee not to exceed twenty dollars ($20.00).
(9) For approval of continuing education programs, a fee not to exceed one hundred fifty dollars ($150.00). (2000-162, s. 1; 2001-455, s. 7; 2003-384, s. 6; 2007-418, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-661 - Requirement of license.

§ 90-661. Requirement of license.
It shall be unlawful for any person who is not currently licensed under this Article to:
(1) Engage in the practice of respiratory care.
(2) Use the title "respiratory care practitioner".
(3) Use the letters "RCP", "RTT", "RT", or any facsimile or combination in any words, letters, abbreviations, or insignia.
(4) Imply orally or in writing or indicate in any way that the person is a respiratory care practitioner or is otherwise licensed under this Article.
(5) Employ or solicit for employment unlicensed persons to practice respiratory care. (2000-162, s. 1; 2003-384, s. 7.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-663 - Injunctions.

§ 90-663. Injunctions.
The Board may apply to the superior court for an order enjoining violations of this Article, and upon a showing by the Board that any person has violated or is about to violate this Article, the court may grant an injunction or restraining order or take other appropriate action. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-664 - Persons and practices not affected.

§ 90-664. Persons and practices not affected.
The requirements 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 who is performing work incidental to or within the practice of that profession or occupation and does not represent himself or herself as a respiratory care practitioner.
(2) A student or trainee working under the direct supervision of a respiratory care practitioner while fulfilling an experience requirement or pursuing a course of study to meet requirements for licensure in accordance with rules adopted pursuant to this Article.
(3) A respiratory care practitioner serving in the Armed Forces or the Public Health Service of the United States or employed by the Veterans Administration when performing duties associated with that service or employment.
(4) A person who performs only support activities as defined in G.S. 90-648(13). (2000-162, s. 1; 2011-183, s. 67.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-665 - Third-party reimbursement.

§ 90-665. Third-party reimbursement.
Nothing in this Article shall be construed to require direct third-party reimbursements to persons licensed under this Article. (2000-162, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 38 - Respiratory Care Practice Act. › § 90-666 - Civil penalties.

§ 90-666. Civil penalties.
(a) Authority to Assess Civil Penalties. – In addition to taking any of the actions permitted under G.S. 90-659, the Board may assess a civil penalty not to exceed one thousand dollars ($1,000) for the violation of any section of this Article or any rules adopted by the Board. 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 and fixing the amount of the penalty, the Board shall, as a part of its deliberations, 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 Board shall establish a schedule of civil penalties for violations of this Article. The schedule shall indicate for each type of violation whether the violation can be corrected. Penalties shall be assessed for the first, second, and third violations of specified sections of this Article and for specified rules.
(d) Costs. – The Board may assess the costs of disciplinary actions against a person found to be in violation of this Article or rules adopted by the Board. (2003-384, s. 8.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 39 - Safety Profession. › § 90-671 - Definitions.

§ 90-671. Definitions.
The following definitions apply in this Article:
(1) Associate Safety Professional (ASP). A person who has met the education, experience, and examination requirements established by the Board of Certified Safety Professionals for an Associate Safety Professional.
(2) Board of Certified Safety Professionals (BCSP). A nonprofit corporation, incorporated in Illinois in 1969, established to improve the practice and educational standards of the profession of safety by certifying individuals who meet its education, experience, examination, and maintenance requirements.
(3) Certified Safety Professional (CSP). A person who has met the education, experience, and examination requirements established by the Board of Certified Safety Professionals for a Certified Safety Professional. (2000-110, s. 1; 2000-140, s. 98.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 39 - Safety Profession. › § 90-672 - Unlawful acts; injunctive relief; exclusion.

§ 90-672. Unlawful acts; injunctive relief; exclusion.
(a) No person shall represent himself or herself as a Certified Safety Professional or Associate Safety Professional unless that person is certified by the Board of Certified Safety Professionals and has duly authorized the Board to file with the office of the Secretary of State all information required by G.S. 90-674.
(b) A violation of this section constitutes an unfair trade practice under G.S. 75-1.1, and a court may impose a civil penalty against the defendant and shall be empowered to issue a restraining order to prevent further use of the title. (2000-110, s. 1; 2000-140, s. 98.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 39 - Safety Profession. › § 90-673 - Exemptions and limitations.

§ 90-673. Exemptions and limitations.
(a) This Article does not apply to:
(1) A person who holds a license issued by a State board, commission, or other agency, is engaged in activities authorized by his or her license, and does not represent himself or herself as an Associate Safety Professional or Certified Safety Professional.
(2) A person who practices within the scope of safety, injury, or illness prevention and does not use the title "Associate Safety Professional" or "Certified Safety Professional", the initials "ASP" or "CSP", or otherwise represents himself or herself to the public as an Associate Safety Professional or Certified Safety Professional.
(3) A person who is licensed as an architect under Chapter 83A of the General Statutes or any person working under the supervision of a licensed architect.
(4) A person who is licensed as a professional engineer under Chapter 89C of the General Statutes or any person working under the supervision of a licensed professional engineer.
(b) Nothing in this Article shall permit the practice of engineering by persons who are not licensed under Chapter 89C of the General Statutes.
(c) Nothing in this Article shall permit the practice of architecture by persons not licensed under Chapter 83A of the General Statutes. (2000-110, s. 1; 2000-140, s. 98.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 39 - Safety Profession. › § 90-674 - Certification registry.

§ 90-674. Certification registry.
The Board shall file with the Secretary of State the name, address, telephone number, and date of certification for all Associate Safety Professionals and Certified Safety Professionals. The Board shall remit a filing fee of thirty-five dollars ($35.00) to the Secretary of State with each certification filed. All fees paid to the Department shall be used to pay the costs incurred in administering and enforcing this Article. The Board may require this filing fee to be paid by the person whose certification is being filed. The Board shall promptly notify the Secretary of State when a person's certification is revoked or no longer in effect.
The Secretary of State shall maintain a registry of all current Associate Safety Professionals and Certified Safety Professionals as furnished by the Board. (2000-110, s. 1; 2000-140, s. 98.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-681 - Legislative findings.

§ 90-681. Legislative findings.
The General Assembly finds that the practice of perfusion is an area of health care that is continually evolving to include more sophisticated and demanding patient care activities. The General Assembly further finds that the practice of perfusion by unauthorized, unqualified, unprofessional, and incompetent persons is a threat to public health, safety, and welfare, and therefore it is necessary to establish minimum standards of education, training, and competency for persons engaged in the practice of perfusion. (2005-267, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 40 - Perfusionist Licensure Act. › § 90-682 - Definitions.

§ 90-682. Definitions.
The following definitions apply in this Article:
(1) Certified clinical perfusionist. – A person who has successfully completed the examination process and has been issued a certificate by the American Board of Cardiovascular Perfusion or its successor organization.
(2) Committee. – The Perfusionist Advisory Committee of the North Carolina Medical Board.
(3) Extracorporeal circulation. – The diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver, or other organs.
(4) Licensee. – A person who has been issued a license to practice perfusion under this Article.
(5) Medical Board. – The North Carolina Medical Board, as established under Article 1 of this Chapter.
(6) Perfusion protocols. – Perfusion-related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed perfusionists, and other health care professionals.
(7) Practice of perfusion. – The performing of functions, under the supervision of a licensed physician, necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, and respiratory systems or other organs, or a combination of those functions, and the ensuring of safe management of physiological function by monitoring and analyzing the parameters of the systems during any medical situation where it is necessary to support or replace the patient's cardiopulmonary or circulatory function. The term also includes the use of extracorporeal circulation, long-term cardiopulmonary support techniques, including extracorporeal carbon-dioxide removal and extracorporeal membrane oxygenation, and associated therapeutic and diagnostic technologies; counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; the use of techniques involving blood management, advanced life support, and other related functions; and, in the performance of the acts described in this subdivision, (i) the administration of pharmacological and therapeutic agents, blood products, or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician; (ii) the performance and use of anticoagulation monitoring and analysis, physiologic monitoring and analysis, blood gas and chemistry monitoring and analysis, hematological monitoring and analysis, hypothermia, hyperthermia, hemoconcentration and hemodilution, and hemodialysis in conjunction with perfusion service; and (iii) the observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols, or changes in or the initiation of emergency procedures. (2005-267, s. 1; 2007-525, s. 5.)