reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-332.1 - Exemptions from licensure.

§ 90-332.1. Exemptions from licensure.
(a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the practice of their profession. Accordingly, this Article does not apply to:
(1) Lawyers licensed under Chapter 84, doctors licensed under Chapter 90, and any other person registered, certified, or licensed by the State to practice any other occupation or profession while rendering counseling services in the performance of the occupation or profession for which the person is registered, certified, or licensed.
(2) Any school counselor certified by the State Board of Education while counseling within the scope of employment by a board of education or private school.
(3) Any student intern or trainee in counseling pursuing a course of study in counseling in a regionally accredited institution of higher learning or training institution, if the intern or trainee is a designated "counselor intern" and the activities and services constitute a part of the supervised course of study.
(4) Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.
(4a) Any person counseling within the scope of employment at: (i) a local community college as defined in G.S. 115D-2(2); (ii) a public higher education institution as defined in G.S. 116-2(4); or (iii) a nonprofit postsecondary educational institution as described in G.S. 116-280.
(4b) Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.
(5) Any ordained minister or other member of the clergy while acting in a ministerial capacity who does not charge a fee for the service, or any person invited by a religious organization to conduct, lead, or provide counseling to its members when the service is not performed for more than 30 days a year.
(6) Any nonresident temporarily employed in this State to render counseling services for not more than 30 days in a year, if the person holds a license or certificate required for counselors in another state.
(7) Any person employed by State, federal, county, or municipal government while counseling within the scope of employment.
(8) through (10) Repealed by Session Laws 2009-367, s. 3, effective October 1, 2009.
(b) Persons who claim to be exempt under subsection (a) of this section are prohibited from advertising or offering themselves as "licensed clinical mental health counselors".
(c) Persons licensed under this Article are exempt from rules pertaining to counseling adopted by other occupational licensing boards.
(d) Nothing in this Article shall prevent a person from performing substance abuse counseling or substance abuse prevention consulting as defined in Article 5C of this Chapter. (1993, c. 514, s. 1; 1993 (Reg. Sess., 1994), c. 591, ss. 12, 16(a), 16(b); c. 685, s. 2; 1997-456, s. 27; 2001-487, s. 40(l); 2009-367, s. 3; 2011-145, s. 9.18(e); 2019-240, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-334 - Functions and duties of the Board.

§ 90-334. Functions and duties of the Board.
(a) The Board shall administer and enforce the provisions of this Article.
(b) The Board shall elect from its membership, a chairperson, a vice-chairperson, and secretary-treasurer, and adopt rules to govern its proceedings. A majority of the membership shall constitute a quorum for all Board meetings.
(c) The Board shall examine and pass on the qualifications of all applicants for licenses under this Article, and shall issue a license or renewal of license to each successful applicant therefor.
(d) The Board may adopt a seal which may be affixed to all licenses issued by the Board.
(e) The Board may authorize expenditures deemed necessary to carry out the provisions of this Article from fees paid to the Board pursuant to this section. No State appropriations shall be subject to the administration of the Board.
(f) The Board shall establish and receive fees not to exceed two hundred dollars ($200.00) for initial or renewal application and not to exceed seventy-five dollars ($75.00) for late renewal, maintain Board accounts of all receipts, and make expenditures from Board receipts for any purpose which is reasonable and necessary for the proper performance of its duties under this Article.
(g) The Board shall have the power to establish or approve study or training courses and to establish reasonable standards for licensure and license renewal, including but not limited to the power to adopt or use examination materials and accreditation standards of any recognized counselor accrediting agency and the power to establish reasonable standards for continuing counselor education.
(h) Subject to the provisions of Chapter 150B of the General Statutes, the Board shall have the power to adopt, amend, or repeal rules to carry out the purposes of this Article, including but not limited to the power to adopt ethical and disciplinary standards.
(i) The Board shall establish the criteria for determining the qualifications constituting "supervised clinical mental health practice".
(j) The Board may examine, approve, issue, deny, revoke, suspend, and renew the licenses of counselor applicants and licensees under this Article, and conduct hearings in connection with these actions.
(k) The Board shall investigate, subpoena individuals and records, and take necessary appropriate action to properly discipline persons licensed under this Article and to enforce this Article.
(l) The Board shall establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. In establishing this program, the Board is authorized to enter into agreements with existing professional health care programs. The Board is also authorized to refer any licensee to this program as part of the disciplinary process. The Board may adopt rules implementing this program. (1983, c. 755, s. 1; 1987, c. 827, s. 1; 1993, c. 514, s. 1; 2009-367, s. 5; 2019-240, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-337 - Persons credentialed in other states.

§ 90-337. Persons credentialed in other states.
(a) The Board may license any person who is currently licensed, certified, or registered by another state if the individual has met requirements determined by the Board to be substantially similar to or exceeding those established under this Article.
(b) The Board may enter into reciprocity agreements with another state. (1983, c. 755, s. 1; 1993, c. 514, s. 1; 2019-240, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-339 - Renewal of licenses.

§ 90-339. Renewal of licenses.
(a) All licenses shall be effective upon the date of issuance by the Board, and shall expire on the second June 30 thereafter.
(b) All licenses issued hereunder shall be renewed at the times and in the manner provided by this section. At least 45 days prior to expiration of each license, the Board shall mail a notice for license renewal to the person licensed for the current licensure period. At least 10 days before the current license expires, the applicant must return the notice properly completed, together with a renewal fee established by the Board and evidence of continuing counselor education as approved by the Board, upon receipt of which the Board shall issue to the person to be licensed the renewed license for the period stated on the license.
(c) Any person licensed who allows the license to lapse for failure to apply for renewal within 45 days after notice shall be subject to the late renewal fee. Failure to apply for renewal of a license within one year after the license's expiration date will require that a license be reissued only upon application as for an original license. (1983, c. 755, s. 1; 1993, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-341 - Violation a misdemeanor.

§ 90-341. Violation a misdemeanor.
Any person violating any provision of this Article is guilty of a Class 1 misdemeanor. (1983, c. 755, s. 1; 1993, c. 539, s. 651; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-342 - Injunction.

§ 90-342. Injunction.
As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person from violating the prohibitions of this Article. The Board shall not be required to post bond in connection with such proceeding. (1983, c. 755, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-343 - Disclosure.

§ 90-343. Disclosure.
Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for clinical mental health counseling services unless, prior to the performance of those services, the client is furnished a copy of a Professional Disclosure Statement that includes the licensee's professional credentials, the services offered, the fee schedule, and other provisions required by the Board. (1993, c. 514, s. 1; 2019-240, s. 2(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24 - Licensed Clinical Mental Health Counselors Act. › § 90-344 - Third-party reimbursements.

§ 90-344. Third-party reimbursements.
Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1993, c. 514, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.1 - Purpose.

§ 90-349.1. Purpose.
The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the patient or client is located at the time of the counseling services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
(1) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multistate licensed professional counselors.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states.
(6) Facilitate the use of telehealth technology in order to increase access to professional counseling services.
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits.
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses.
(9) Eliminate the necessity for licenses in multiple states.
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.5 - Obtaining a new home state license based on a privilege to practice.

§ 90-349.5. Obtaining a new home state license based on a privilege to practice.
(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between two member states, the licensed professional counselor shall do all of the following:
(1) File an application for obtaining a new home state license by virtue of a privilege to practice.
(2) Pay all applicable fees.
(3) Notify the current and new home state in accordance with applicable rules adopted by the Commission.
(c) Upon receipt of an application for obtaining a new home state license by virtue of privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in G.S. 90-349.4 via the data system, without need for primary source verification, except for the following:
(1) A Federal Bureau of Investigation fingerprint-based criminal background check, if not previously performed or updated, pursuant to applicable rules adopted by the Commission in accordance with P.L. 92-544.
(2) Other criminal background checks, as required by the new home state.
(3) Completion of any requisite jurisprudence requirements of the new home state.
(d) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
(e) Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in G.S. 90-349.4, the new home state may apply its requirements for issuing a new single-state license.
(f) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(g) If a licensed professional counselor changes primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(h) Nothing in this Compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state license.
(i) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.6 - Active duty military personnel or their spouses.

§ 90-349.6. Active duty military personnel or their spouses.
Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state or through the process described in G.S. 90-349.5. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.7 - Compact privilege to practice telehealth.

§ 90-349.7. Compact privilege to practice telehealth.
(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with G.S. 90-349.3 and under the rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.
(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.10 - Data system.

§ 90-349.10. Data system.
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable, as required by the rules of the Commission, including:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or privilege to practice.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure and the reasons for such denial.
(6) Current significant investigative information.
(7) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.13 - Date of implementation of Counseling Compact Commission and associated rules; withdrawal; amendment.

§ 90-349.13. Date of implementation of Counseling Compact Commission and associated rules; withdrawal; amendment.
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute. Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.14 - Construction and severability.

§ 90-349.14. Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 24A - Professional Counseling Licensure Compact. › § 90-349.15 - Binding effect of Compact and other laws.

§ 90-349.15. Binding effect of Compact and other laws.
(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(d) Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.
(e) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (2022-52, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-351 - Purpose.

§ 90-351. Purpose.
It is the purpose of this Article to safeguard the public health, safety and welfare and to protect the public from being harmed by unqualified persons by providing for the licensure and regulation of persons engaged in the practice of dietetics or nutrition and by the establishment of educational standards for those persons. (1991, c. 668, s. 1; 2018-91, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-352 - Definitions.

§ 90-352. Definitions.
The following definitions apply in this Article, unless the context otherwise requires:
(1) ACEND. – The Accreditation Council for Education in Nutrition and Dietetics, which is the Academy of Nutrition and Dietetics accrediting agency for education programs preparing students for careers as Registered Dietitian Nutritionists or Nutrition and Dietetic Technicians, Registered.
(1a) Board. – The North Carolina Board of Dietetics/Nutrition.
(1b) Certified Nutrition Specialist. – An individual certified by the Board for Certification of Nutrition Specialists.
(2) Dietetics. – The integration and application of principles derived from the science of nutrition, biochemistry, physiology, food, and management and from behavioral and social sciences to achieve and maintain a healthy status. The primary function of dietetics is the provision of medical nutrition therapy.
(2a) Diplomate of the American Clinical Board of Nutrition. – An individual certified by the American Clinical Board of Nutrition.
(3) Licensed dietitian/nutritionist or licensed nutritionist. – An individual licensed in good standing to practice dietetics, nutrition, or both.
(3a) Medical nutrition therapy. – The provision of nutrition care services for the purpose of managing or treating a medical condition.
(3b) Nutrition. – The integration and application of principles derived from the science of nutrition, biochemistry, metabolism, and pathophysiology to achieve and maintain a healthy status. The primary function of nutrition practice is the provision of medical nutrition therapy.
(4) Nutrition care services. – Any part or all of the following:
a. Assessing and evaluating the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting, including ordering laboratory tests related to the practice of nutrition and dietetics.
b. Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints.
c. Providing nutrition counseling in health and disease.
d. Developing, implementing, and managing nutrition care systems.
e. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition services.
f. Ordering therapeutic diets.
The term does not include the retail sale of food products or vitamins.
(5) Registered Dietitian Nutritionist. – An individual registered with the Commission on Dietetic Registration, the credentialing agency of the Academy of Nutrition and Dietetics.
(6) Telepractice. – The delivery of services under this Article by means other than in-person, including by telephone, e-mail, Internet, or other methods of electronic communication. (1991, c. 668, s. 1; 2018-91, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-353 - Creation of Board.

§ 90-353. Creation of Board.
(a) The North Carolina Board of Dietetics/Nutrition is created.
(a1) The Board shall consist of the following seven members:
(1) Three members shall be dietitian/nutritionists licensed under this Article.
(2) Two members shall be nutritionists licensed under this Article.
(3) One member shall be a physician licensed under Article 1 of this Chapter.
(4) One member shall not be licensed under this Article and shall represent the public at large.
(b) Licensed dietitian/nutritionist and licensed nutritionist members of the Board shall meet all of the following criteria:
(1) Be citizens of the United States and residents of this State.
(2) Have practiced in the field of dietetics or nutrition for at least three years.
(3) Be licensed under this Article, except that the first appointed licensed nutritionists are not required to be licensed under this Article or to have practiced for three years at the time of their appointment to a first term on the Board; provided, however, that each appointed licensed nutritionist must meet all of the following criteria:
a. Possess the qualifications necessary for licensure under this Article.
b. Apply for licensure under this Article within six months of its availability.
(b1) The licensed physician member of the Board shall be a citizen of the United States and a resident of this State.
(c) The member of the Board appointed from the public at large shall be a citizen of the United States and a resident of this State and shall not be any of the following:
(1) A dietician/nutritionist or nutritionist.
(2) An agent or employee of a person engaged in the profession of dietetics or nutrition.
(3) A licensed health care professional or enrolled in a program to become prepared to be a licensed health care professional.
(4) An agent or employee of a health care institution, a health care insurer, or a health care professional school.
(5) A member of any allied health profession or enrolled in a program to become prepared to be a member of an allied health profession.
(6) The spouse of an individual who is not eligible to serve as a public member of the Board. (1991, c. 668, s. 1; 2018-91, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-354 - Appointments and removal of Board members, terms and compensation.

§ 90-354. 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 following members:
a. One licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1), who shall be an educator on the faculty of a college or university accredited at the time from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education, specializing in the field of dietetics or nutrition.
b. The licensed physician as described in G.S. 90-353(a1)(3).
c. The public member as described in G.S. 90-353(a1)(4).
(2) The General Assembly upon the recommendation of the Speaker of the House of Representatives shall appoint one licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1) and one licensed nutritionist as described in G.S. 90-353(a1)(2), both in accordance with G.S. 120-121. One of these appointees shall be a dietician/nutritionist or a nutritionist whose primary practice is clinical dietetics or nutrition in a hospital or long-term care institution regulated under Article 5 or Part 1 of Article 6 of Chapter 131E of the General Statutes.
(3) The General Assembly upon the recommendation of the President Pro Tempore of the Senate shall appoint one licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1) and one licensed nutritionist as described in G.S. 90-353(a1)(2), both in accordance with G.S. 120-121. One of these appointees shall be a dietician/nutritionist or a nutritionist whose primary practice is consulting in, or the private practice of, dietetics or nutrition.
(b) Members of the Board shall take office on the first day of July 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.
(c) No member shall serve on the Board for more than two consecutive terms.
(d) The Governor may remove members of the Board, after notice and opportunity for hearing, for any of the following reasons:
(1) Incompetence.
(2) Neglect of duty.
(3) Unprofessional conduct.
(4) Conviction of any felony.
(5) Failure to meet the qualifications of this Article.
(6) Committing any act prohibited by this Article.
(e) Any vacancy shall be filled by the appointing 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.
(f) 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. (1991, c. 668, s. 1; 1995, c. 490, s. 16; 2001-342, s. 1; 2018-91, s. 4(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-355 - Election of officers; meetings of Board.

§ 90-355. Election of officers; meetings of Board.
(a) The Board shall elect a chairman and a vice-chairman who shall hold office according to rules adopted by the Board.
(b) The Board shall hold at least two regular meetings each year as provided by rules adopted by the Board. The Board may hold additional meetings upon the call of the chairman or any two Board members. A majority of the Board membership shall constitute a quorum. (1991, c. 668, s. 1; 2001-342, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-356 - Power and responsibility of Board.

§ 90-356. Power and responsibility of Board.
The Board shall:
(1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses.
(2) Adopt rules necessary to conduct its business, carry out its duties, and administer this Article; provided, however, that as of July 1, 2018, no rule making shall be performed by the Board until two licensed nutritionists have been appointed to the Board.
(3) Adopt and publish a code of ethics.
(4) Deny, issue, suspend, revoke, and renew licenses in accordance with this Article.
(5) Conduct investigations, subpoena individuals and records, and do all other things necessary and proper to discipline persons licensed under this Article and to enforce this Article.
(6) Employ professional, clerical, investigative or special personnel necessary to carry out the provisions of this Article, and purchase or rent office space, equipment and supplies.
(7) Adopt a seal by which it shall authenticate its proceedings, official records, and licenses.
(8) Conduct administrative hearings in accordance with Article 3A of Chapter 150B of the General Statutes when a "contested case" as defined in G.S. 150B-2(2) arises under this Article.
(9) Establish reasonable fees for applications for examination; initial, provisional, and renewal licenses; and other services provided by the Board.
(10) Submit an annual report to the Governor and General Assembly of all its official actions during the preceding year, together with any recommendations and findings regarding improvements of the practice of dietetics or nutrition.
(11) Publish and make available upon request the licensure standards prescribed under this Article and all rules adopted by the Board.
(12) Request and receive the assistance of State educational institutions or other State agencies.
(13) Approve and evaluate continuing education requirements for persons seeking to renew licensure under this Article.
(14) Publish, and make available to the public, records of any Board action resulting in any disciplinary action taken by the Board or criminal action taken by the State for any violation of this Article.
(15) Request that the Department of Public Safety conduct criminal history record checks of applicants for licensure pursuant to G.S. 143B-966. (1991, c. 668, s. 1; 2001-342, ss. 3, 4; 2018-91, s. 5.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-358 - Notification of applicant following evaluation of application.

§ 90-358. Notification of applicant following evaluation of application.
After evaluation of the application and of any other evidence submitted, the Board shall notify each applicant that the application and evidence submitted are satisfactory and accepted, or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. (1991, c. 668, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-359 - Examinations.

§ 90-359. Examinations.
Competency examinations shall be administered at least twice each year to qualified applicants for licensing. The examinations may be administered by a national testing service. The examinations shall include the RDN Examination given by the Commission on Dietetic Registration, the CNS Examination given by the Board for Certification of Nutrition Specialists and the DACBN Examination given by the American Clinical Board of Nutrition. The Board may include other nutrition therapy-focused examinations accredited by the National Commission for Certifying Agencies for graduates with a baccalaureate degree or higher from a college or university accredited at the time from the appropriate regional accrediting agency recognized by the Council on Health Education Accreditation and the United States Department of Education that are approved by two-thirds vote of the entire Board. (1991, c. 668, s. 1; 2018-91, s. 8.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-360 - Granting license without examination.

§ 90-360. Granting license without examination.
The Board may grant, upon application and payment of proper fees, a license as a licensed dietitian/nutritionist or a licensed nutritionist to a person who has met the examination requirements under G.S. 90-359 at the time of application and holds a valid license or certification as a dietitian/nutritionist, dietitian, or nutritionist issued by another state or any political territory or jurisdiction acceptable to the Board if in the Board's opinion the requirements for that license or certification are substantially the same as the requirements of this Article. (1991, c. 668, s. 1; 2018-91, s. 9.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-361 - Provisional licenses.

§ 90-361. Provisional licenses.
The Board may grant a provisional license for a period not exceeding 12 months to any individual who has successfully completed the educational and clinical practice requirements and has made application to take one of the examinations required under G.S. 90-359. A provisional license shall allow the individual to practice as a dietitian/nutritionist or nutritionist under the supervision of a dietitian/nutritionist or nutritionist licensed in this State and shall be valid until revoked by the Board. (1991, c. 668, s. 1; 2018-91, s. 10.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-362 - License as constituting property of Board; display requirement; renewal; inactive status.

§ 90-362. License as constituting property of Board; display requirement; renewal; inactive status.
(a) A license issued by the Board is the property of the Board and must be surrendered to the Board on demand.
(b) The licensee shall display the license certificate 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 reissued by the Board annually upon payment of a renewal fee if the licensee is not in violation of this Article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the Board.
(e) Each person licensed under this Article is responsible for renewing his license before the expiration date. The Board shall notify a licensee of pending license expiration at least 30 days in advance thereof.
(f) The Board may provide for the late renewal of a license upon the payment of a late fee, but no such late fee renewal may be granted more than five years after a license expires.
(g) Under procedures and conditions established by the Board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the Board shall be declared in active status. (1991, c. 668, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-363 - Suspension, revocation and refusal to renew license.

§ 90-363. Suspension, revocation and refusal to renew license.
(a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(1) Employment of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license, or the renewal of a license.
(2) Committing an act or acts of malpractice, gross negligence or incompetence in the practice of dietetics or nutrition.
(3) Practicing as a licensed dietitian/nutritionist or a licensed nutritionist without a current license.
(4) Engaging in conduct that could result in harm or injury to the public.
(5) Conviction of or a plea of guilty or nolo contendere to any crime involving moral turpitude.
(6) Adjudication of insanity or incompetency, until proof of recovery from the condition can be established.
(7) Engaging in any act or practice in violation of any of the provisions of this Article or any rule adopted by the Board, or aiding, abetting or assisting any person in such a violation.
(b) Denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the Board after a hearing held in accordance with Chapter 150B of the General Statutes and rules adopted by the Board. 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. (1991, c. 668, s. 1; 2018-91, s. 11.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-364 - Fees.

§ 90-364. Fees.
The Board shall establish fees in accordance with Chapter 150B of the General Statutes for the following purposes:
(1) For an initial application, a fee not to exceed one hundred dollars ($100.00).
(2) For examination or reexamination, a fee not to exceed two hundred dollars ($200.00).
(3) For issuance of a license, a fee not to exceed two hundred dollars ($200.00).
(4) For the renewal of a license, a fee not to exceed one hundred twenty-five dollars ($125.00).
(5) For the late renewal of a license, an additional late fee not to exceed one hundred dollars ($100.00).
(6) For a provisional license, a fee not to exceed one hundred dollars ($100.00).
(7) For copies of Board rules and licensure standards, charges not exceeding the actual cost of printing and mailing. (1991, c. 668, s. 1; 2001-342, s. 5.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-365 - Requirement of license.

§ 90-365. Requirement of license.
(a) It shall be unlawful for any person who is not currently licensed under this Article to do any of the following:
(1) Repealed by Session Laws 2018-91, s. 12, effective October 1, 2018.
(1a) Provide medical nutrition therapy.
(2) Use the title "dietitian/nutritionist" or "nutritionist."
(3) Use the words "dietitian," "nutritionist," "licensed nutritionist," or "licensed dietitian/nutritionist" or hold oneself out as a dietitian or nutritionist unless licensed under this Article.
(4) Use the letters "LD," "LN," or "LDN," or any facsimile or combination in any words, letters, abbreviations, or insignia.
(5) To imply orally or in writing or indicate in any way that the person is a licensed dietitian/nutritionist or licensed nutritionist.
(b) Use of an earned, trademarked nutrition credential is not prohibited, but such use does not give the right to practice dietetics or nutrition or use the general titles of "dietitian/nutritionist" or "nutritionist" unless an individual is also licensed under this Article. Notwithstanding any law to the contrary, all of the following are permissible:
(1) An individual registered with the Commission on Dietetic Registration has the right to use the title "Registered Dietitian" and "Registered Dietitian Nutritionist" and the designation "RD" or "RDN."
(2) An individual certified by the Board of Certification of Nutrition Specialists has the right to use the title "Certified Nutrition Specialist" and the designation "CNS."
(3) An individual certified by the American Clinical Board of Nutrition has the right to use the title "Diplomate, American Clinical Board of Nutrition" and the designation "DACBN." (1991, c. 668, s. 1; 2018-91, s. 12.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-365.5 - Telepractice.

§ 90-365.5. Telepractice.
Telepractice as defined in G.S. 90-352 is not prohibited under this Article so long as (i) it is appropriate for the individual receiving the services and (ii) the level of care provided meets the required level of care for that individual. An individual providing services regulated by this Article via telepractice shall comply with, and shall be subject to, all the licensing and disciplinary provisions of this Article. (2018-91, s. 13.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-365.6 - Enteral and parenteral nutrition therapy.

§ 90-365.6. Enteral and parenteral nutrition therapy.
(a) Enteral and parenteral nutrition therapy shall consist of enteral feedings or specialized intravenous solutions and shall only be ordered by an individual licensed under this Article who meets one of the following criteria:
(1) The individual is a Registered Dietitian Nutritionist registered with the Commission on Dietetic Registration.
(2) The individual is a Certified Nutrition Support Clinician certified by the National Board of Nutrition Support Certification.
(3) The individual meets the requirements set forth in rules adopted by the Board.
(b) Nothing in this Article shall be construed to limit the ability of any other licensed health care practitioner in this State to order therapeutic diets, so long as the ordering of therapeutic diets falls within the scope of the license held by the health care practitioner. (2018-91, s. 13.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-366 - Violation a misdemeanor.

§ 90-366. Violation a misdemeanor.
Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor. Each act of such unlawful practice shall constitute a distinct and separate offense. (1991, c. 668, s. 1; 1993, c. 539, s. 652; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-367 - Injunctions.

§ 90-367. Injunctions.
The Board may make application to any appropriate 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, restraining order, or take other appropriate action. (1991, c. 668, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-369 - Third party reimbursement; limitation on modifications.

§ 90-369. Third party reimbursement; limitation on modifications.
Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1991, c. 668, s. 1; 2007-123, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 25 - Dietetics/Nutrition. › § 90-370 - Costs.

§ 90-370. Costs.
The Board may assess the costs of disciplinary actions against a licensee or person found to be in violation of this Article or rules adopted by the Board. Costs recovered pursuant to this section shall be the property of the Board. (2009-271, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-381 - Purpose.

§ 90-381. Purpose.
It is the purpose of this Article to protect the public safety and welfare by providing for the certification and regulation of persons engaged in the practice of fee-based pastoral counseling and pastoral psychotherapy. (1991, c. 670.)