reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-383 - Exemptions.

§ 90-383. Exemptions.
(a) Nothing in this Article shall be construed as limiting the ministry, activities, or services of a minister called, elected, or otherwise authorized by a church, denomination, or faith group to perform the ordinary duties or functions of the clergy.
(b) Nothing in this Article shall be construed as limiting the activities, services, or use of a title to designate a training status of a student, intern, or fellow preparing for the practice of pastoral care and counseling under qualified supervision in an accredited educational institution or service facility, provided that those activities and services constitute a part of the course of study.
(c) Nothing in this Article shall be construed to limit or restrict physicians, optometrists, or psychologists licensed to practice under the laws of North Carolina; or to restrict qualified members of other professional groups who render counseling and other helping services including counselors, social workers, and other similar professions; or to restrict qualified members of any other professional groups in the practice of their respective professions, provided they do not claim to the public by any title or description stating or implying that they are certified fee-based practicing pastoral counselors or certified fee-based pastoral counseling associates, or that they are certified to receive fees for the practice of pastoral counseling.
(d) Except as otherwise provided in this Article, if a person exempt from the provisions of this Article becomes certified under this Article, he or she shall be required to comply with the requirements of this Article and rules adopted by the Board. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-386 - Annual report.

§ 90-386. Annual report.
Within 90 days of the end of each fiscal year, beginning with fiscal year 1992-93, the Board shall submit to the Governor a report of the Board's activities since the preceding July 1, including the names of all fee-based practicing pastoral counselors and fee-based pastoral counseling associates to whom certificates have been granted under this Article during that fiscal year. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-388 - Equivalent certification and memberships recognized.

§ 90-388. Equivalent certification and memberships recognized.
(a) The Board may grant a certificate as a fee-based practicing pastoral counselor to any person meeting the requirements of G.S. 90-387(a) who at the time of application is certified as a pastoral counselor by a board of another state whose standards, in the opinion of the Board, are at least equal to those required by this Article. This section applies only when the state grants similar privileges to residents of this State. To determine a candidate's qualifications, the Board may require a personal interview and any other documentation the Board deems necessary.
(b) The Board may grant a certificate as a practicing pastoral counselor to any person who has been certified as a Fellow or Diplomate by the American Association of Pastoral Counselors if application is made by December 31, 1991. To determine a candidate's qualifications the Board may require a personal interview and any other documentation the Board deems necessary.
(c) The Board may grant a certificate as a fee-based pastoral counseling associate to any person who has been certified as a member of the American Association of Pastoral Counselors if application is made by December 31, 1991. To determine a candidate's qualifications, the Board may require a personal interview and any other documentation the Board deems necessary. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-389 - Renewal of certificate.

§ 90-389. Renewal of certificate.
A certificate issued under this Article must be renewed annually on or before the first day of January of each year. Each application for renewal must be accompanied by a renewal fee set by the Board of not more than one hundred dollars ($100.00). If a certificate is not renewed on or before the first day of January of each year, an additional fee of not more than twenty-five dollars ($25.00) as set by the Board shall be charged for late renewal. The Board may establish requirements for continuing education for pastoral counselors and pastoral counseling associates certified in this State as an additional condition for renewal. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-391 - Prohibited acts.

§ 90-391. Prohibited acts.
No person shall represent himself to be a certified fee-based practicing pastoral counselor or a certified fee-based pastoral counseling associate, or engage in or offer to engage in the practice of certified fee-based pastoral counseling, without a valid certificate issued under this Article. No person shall use these titles or descriptions, or any of their derivatives, in a manner that implies the person is certified under this Article. No called or elected pastor during his active full-time pastorate shall practice as a certified fee-based pastoral counselor even if certified under this Article. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-392 - Disposition of fees.

§ 90-392. Disposition of fees.
The fees derived from the operation of this Article shall be used by the Board in carrying out its functions. The operations of the Board are subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-393 - Injunction for violations.

§ 90-393. Injunction for violations.
The Board may apply to superior court for an injunction to prevent violations of this Article or of any rules adopted by the Board, and the court has the authority to grant an injunction. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-394 - Duplicate and replacement certificates.

§ 90-394. Duplicate and replacement certificates.
A certified fee-based pastoral counselor may request that the Board issue a duplicate or replacement certificate for a fee set by the Board not to exceed fifty dollars ($50.00). Upon receipt of the request, a showing of good cause for the issuance of a duplicate or replacement certificate, and payment of the fee, the Board shall issue a duplicate or replacement certificate. (1991, c. 670, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s. 23.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 26 - Fee-Based Practicing Pastoral Counselors. › § 90-395 - Practice of medicine and psychology not authorized.

§ 90-395. Practice of medicine and psychology not authorized.
Nothing in this Article shall authorize the practice of medicine as defined in Article 1 of this Chapter or the practice of psychology as defined in Article 18A of this Chapter. (1991, c. 670.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 27 - Referral Fees and Payment for Certain Solicitations Prohibited. › § 90-400 - Definition.

§ 90-400. Definition.
As used in this Article, a health care provider is a person holding any license issued under this Chapter. (1991 (Reg. Sess., 1992), c. 858, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 27 - Referral Fees and Payment for Certain Solicitations Prohibited. › § 90-401 - Referral fees and payment for certain solicitations prohibited.

§ 90-401. Referral fees and payment for certain solicitations prohibited.
A health care provider shall not financially compensate in any manner a person, firm, or corporation for recommending or securing the health care provider's employment by a patient, or as a reward for having made a recommendation resulting in the health care provider's employment by a patient. No health care provider who refers a patient of that health care provider to another health care provider shall receive financial or other compensation from the health care provider receiving the referral as a payment solely or primarily for the referral. This section shall not be construed to prohibit a health care provider's purchase of advertising which does not entail direct personal contact or telephone contact of a potential patient. (1991 (Reg. Sess., 1992), c. 858, s. 1; 1993 (Reg. Sess., 1994), c. 689, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 27 - Referral Fees and Payment for Certain Solicitations Prohibited. › § 90-401.1 - Direct solicitation prohibited.

§ 90-401.1. Direct solicitation prohibited.
It shall be unlawful for a health care provider or the provider's employee or agent to initiate direct personal contact or telephone contact with any injured, diseased, or infirmed person, or with any other person residing in the injured, diseased, or infirmed person's household, for a period of 90 days following the injury or the onset of the disease or infirmity, if the purpose of initiating the contact, in whole or in part, is to attempt to induce or persuade the injured, diseased, or infirmed person to become a patient of the health care provider. This section shall not be construed to prohibit a health care provider's use of posted letters, brochures, or information packages to solicit injured, diseased, or infirmed persons, so long as such use does not entail direct personal contact with the person. (1993 (Reg. Sess., 1994), c. 689, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 27 - Referral Fees and Payment for Certain Solicitations Prohibited. › § 90-402 - Sanctions.

§ 90-402. Sanctions.
Violation of the provisions of this Article shall be grounds for the offending health care provider's licensing board to suspend or revoke the health care provider's license, to refuse to renew the health care provider's license, or to take any other disciplinary action authorized by law. (1991 (Reg. Sess., 1992), c. 858, s. 1; 1993 (Reg. Sess., 1994), c. 689, s. 4.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 28 - Self-Referrals by Health Care Providers. › § 90-406 - Self-referrals prohibited.

§ 90-406. Self-referrals prohibited.
(a) A health care provider shall not make any referral of any patient to any entity in which the health care provider or group practice or any member of the group practice is an investor.
(b) No invoice or claim for payment shall be presented by any entity or health care provider to any individual, third-party payer, or other entity for designated health care services furnished pursuant to a referral prohibited under this Article.
(c) If any entity collects any amount pursuant to an invoice or claim presented in violation of this section, the entity shall refund such amount to the payor or individual, whichever is applicable, within 10 working days of receipt.
(d) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement that the health care provider or entity knows or should know is intended to induce referrals of patients for designated health care services to a particular entity and that, if the health care provider directly made referrals to such entity, would constitute a prohibited referral under this section, shall be in violation of this section. (1993, c. 482, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 28 - Self-Referrals by Health Care Providers. › § 90-407 - Disciplinary action and penalties.

§ 90-407. Disciplinary action and penalties.
(a) Any violation of this Article shall constitute grounds for disciplinary action to be taken by the applicable Board pursuant to Chapter 90 of the General Statutes.
(b) Any health care provider who refers a patient in violation of G.S. 90-406(a), or any health care provider or entity who
(1) Presents or causes to be presented a bill or claim for service that the health care provider or entity knows or should know is prohibited by G.S. 90-406(b), or
(2) Fails to make a refund as required by G.S. 90-406(c),
shall be subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each such bill or claim, to be recovered in an action instituted either in Wake County Superior Court, or any other county, by the Attorney General for the use of the State of North Carolina.
(c) Any health care provider or other entity that enters into an arrangement or scheme, such as cross-referral arrangement, that the health care provider or entity knows or should know is intended to induce referrals or patients for designated health care services to a particular entity and that, if the health care provider directly made referrals to such entity, would violate G.S. 90-406(d), shall be subject to a civil penalty of not more than seventy-five thousand dollars ($75,000) for each such circumvention arrangement or scheme, to be recovered in an action instituted either in Wake County Superior Court, or any other county, by the Attorney General for the use of the State of North Carolina. No civil penalty shall be assessed hereunder for any arrangement fully disclosed to the Attorney General in writing which receives a favorable determination by the Attorney General that, in his opinion, such arrangement is not a violation of G.S. 90-406, until a contrary determination is made in a court of law.
(d) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1993, c. 482, s. 1; 1998-215, s. 74.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 28 - Self-Referrals by Health Care Providers. › § 90-408 - Exceptions for underserved areas.

§ 90-408. Exceptions for underserved areas.
(a) The provisions of G.S. 90-406 shall not apply to the referral by any health care provider to any entity in which such health care provider has a legal, beneficial, or investment interest upon receipt by such health care provider of a determination by the Department of Health and Human Services that:
(1) There is a demonstrated need in the county where the entity is located or is proposed to be located; and
(2) Alternative financing is not available on reasonable terms from other sources to develop such entity.
(b) The Department shall promulgate regulations governing the form and content of the applications to be filed by health care providers making application for exemption from G.S. 90-406, the business conduct of any such entity and the fair and reasonable access by all health care providers in such county to the entity. Any determination made by the Department under this section shall be applicable for a period of five years from the date of issuance.
(c) In all cases in which a health care provider refers a patient to a health care facility outside that health care provider's practice in which the health care provider has a legal, beneficial, or investment interest, the health care provider shall disclose to the patient the health care provider's investment interest. Patients shall be given a list of effective alternative facilities if any such facilities become reasonably available, informed that they have the option to use one of the alternative facilities, and assured that they will not be treated differently by the health care provider if they do not choose the health care provider's facility. (1993, c. 482, s. 1; 1997-443, s. 11A.118(a).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29 - Medical Records. › § 90-410 - Definitions.

§ 90-410. Definitions.
As used in this Article:
(1) "Health care provider" means any person who is licensed or certified to practice a health profession or occupation under this Chapter or Chapters 90B or 90C of the General Statutes, a health care facility licensed under Chapters 131E or 122C of the General Statutes, and a representative or agent of a health care provider.
(2) "Medical records" means personal information that relates to an individual's physical or mental condition, medical history, or medical treatment, excluding X rays and fetal monitor records. (1993, c. 529, s. 4.3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29 - Medical Records. › § 90-411 - Record copy fee.

§ 90-411. Record copy fee.
A health care provider may charge a reasonable fee to cover the costs incurred in searching, handling, copying, and mailing medical records to the patient or the patient's designated representative. The maximum fee for each request shall be seventy-five cents (75¢) per page for the first 25 pages, fifty cents (50¢) per page for pages 26 through 100, and twenty-five cents (25¢) for each page in excess of 100 pages, provided that the health care provider may impose a minimum fee of up to ten dollars ($10.00), inclusive of copying costs. If requested by the patient or the patient's designated representative, nothing herein shall limit a reasonable professional fee charged by a physician for the review and preparation of a narrative summary of the patient's medical record. Charges for medical records and reports related to claims under Article 1 of Chapter 97 of the General Statutes shall be governed by the fees established by the North Carolina Industrial Commission pursuant to G.S. 97-26.1. This section shall not apply to Department of Health and Human Services Disability Determination Services requests for copies of medical records made on behalf of an applicant for Social Security or Supplemental Security Income disability. (1993, c. 529, s. 4.3; 1993 (Reg. Sess., 1994), c. 679, s. 5.5; 1995 (Reg. Sess., 1996), c. 742, s. 36; 1997-443, ss. 11.3, 11A.118(b); 2019-191, s. 42.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29 - Medical Records. › § 90-412 - Electronic medical records.

§ 90-412. Electronic medical records.
(a) Notwithstanding any other provision of law, any health care provider or facility licensed, certified, or registered under the laws of this State or any unit of State or local government may create and maintain medical records in an electronic format. The health care provider, facility, or governmental unit shall not be required to maintain a separate paper copy of the electronic medical record. A health care provider, facility, or governmental unit shall maintain electronic medical records in a legible and retrievable form, including adequate data backup.
(b) Notwithstanding any other provision of law, any health care provider or facility licensed, certified, or registered under the laws of this State or any unit of State or local government may permit authorized individuals to authenticate orders and other medical record entries by written signature, or by electronic or digital signature in lieu of a signature in ink. Medical record entries shall be authenticated by the individual who made or authorized the entry. For purposes of this section, "authentication" means identification of the author of an entry by that author and confirmation that the contents of the entry are what the author intended.
(c) The legal rights and responsibilities of patients, health care providers, facilities, and governmental units shall apply to records created or maintained in electronic form to the same extent as those rights and responsibilities apply to medical records embodied in paper or other media. This subsection applies with respect to the security, confidentiality, accuracy, integrity, access to, and disclosure of medical records. (1999-247, s. 2; 2007-248, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.2 - Purpose.

§ 90-414.2. Purpose.
This Article is intended to improve the quality of health care delivery within this State by facilitating and regulating the use of a voluntary, statewide health information exchange network for the secure electronic transmission of individually identifiable health information among health care providers, health plans, and health care clearinghouses in a manner that is consistent with the Health Insurance Portability and Accountability Act, Privacy Rule and Security Rule, 45 C.F.R. §§ 160, 164. (2015-241, s. 12A.5(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.3 - Definitions.

§ 90-414.3. Definitions.
The following definitions apply in this Article:
(1) Business associate. – As defined in 45 C.F.R. § 160.103.
(2) Business associate contract. – The documentation required by 45 C.F.R. § 164.502(e)(2) that meets the applicable requirements of 45 C.F.R. § 164.504(e).
(3) Covered entity. – Any entity described in 45 C.F.R. § 160.103 or any other facility or practitioner licensed by the State to provide health care services.
(4) Department. – North Carolina Department of Health and Human Services.
(5) Disclose or disclosure. – The release, transfer, provision of access to, or divulging in any other manner an individual's protected health information through the HIE Network.
(6) Repealed by Session Laws 2017-57, s. 11A.5(f), effective July 1, 2017.
(7) GDAC. – The North Carolina Government Data Analytics Center.
(8) HIE Network. – The voluntary, statewide health information exchange network overseen and administered by the Authority.
(9) HIPAA. – Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and any federal regulations adopted to implement these sections, as amended.
(10) Individual. – As defined in 45 C.F.R. § 160.103.
(11) North Carolina Health Information Exchange Advisory Board or Advisory Board. – The Advisory Board established under G.S. 90-414.8.
(12) North Carolina Health Information Exchange Authority or Authority. – The entity established pursuant to G.S. 90-414.7.
(13) Opt out. – An individual's affirmative decision communicated to the Authority in writing to disallow his or her protected health information from being disclosed by the Authority to covered entities or other persons or entities through the HIE Network.
(14) Protected health information. – As defined in 45 C.F.R. § 160.103.
(15) Public health purposes. – The public health activities and purposes described in 45 C.F.R. § 164.512(b).
(16) Qualified organization. – An entity with which the Authority has contracted for the sole purpose of facilitating the exchange of data with or through the HIE Network.
(17) Research purposes. – Research purposes referenced in and subject to the standards described in 45 C.F.R. § 164.512(i).
(18) State CIO. – The State Chief Information Officer. (2015-241, s. 12A.5(d); 2015-264, s. 86.5(b); 2017-57, ss. 11A.5(c), (f).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.5 - State agency and legislative access to HIE Network data.

§ 90-414.5. State agency and legislative access to HIE Network data.
(a) The Authority shall provide the Department and the State Health Plan for Teachers and State Employees secure, real-time access to data and information disclosed through the HIE Network, solely for the purposes set forth in G.S. 90-414.4(a) and in G.S. 90-414.2. The Authority shall limit access granted to the State Health Plan for Teachers and State Employees pursuant to this section to data and information disclosed through the HIE Network that pertains to services (i) rendered to teachers and State employees and (ii) paid for by the State Health Plan.
(b) At the written request of the Director of the Fiscal Research, Legislative Drafting, or Legislative Analysis Division of the General Assembly for an aggregate analysis of the data and information disclosed through the HIE Network, the Authority shall provide the professional staff of these Divisions with the aggregated analysis responsive to the Director's request. Prior to providing the Director or General Assembly's staff with any aggregate data or information submitted through the HIE Network or with any analysis of this aggregate data or information, the Authority shall redact any personal identifying information in a manner consistent with the standards specified for de-identification of health information under the HIPAA Privacy Rule, 45 C.F.R. § 164.514, as amended. (2015-241, s. 12A.5(d); 2017-102, s. 39(a); 2018-142, s. 4(b); 2021-180, s. 27.2(c).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.6 - State ownership of HIE Network data.

§ 90-414.6. State ownership of HIE Network data.
Any data pertaining to services rendered to Medicaid and other State-funded health care program beneficiaries submitted through and stored by the HIE Network pursuant to G.S. 90-414.4 or any other provision of this Article shall be and will remain the sole property of the State. Any data or product derived from the aggregated, de-identified data submitted to and stored by the HIE Network pursuant to G.S. 90-414.4 or any other provision of this Article, shall be and will remain the sole property of the State. The Authority shall not allow data it receives pursuant to G.S. 90-414.4 or any other provision of this Article to be used or disclosed by or to any person or entity for commercial purposes or for any other purpose other than those set forth in G.S. 90-414.4(a) or G.S. 90-414.2. To the extent the Authority receives requests for electronic health information as the term is defined in 45 C.F.R. § 171.102, or other medical records from an individual, an individual's personal representative, or an individual or entity purporting to act on an individual's behalf, the Authority (i) shall not fulfill the request and (ii) shall make available to the requester and the public, via the Authority's website, educational materials about how to access such information from other sources. (2015-241, s. 12A.5(d); 2021-26, s. 6.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.9 - Participation by covered entities.

§ 90-414.9. Participation by covered entities.
(a) Each covered entity that participates in the HIE Network shall enter into a HIPAA compliant business associate agreement described in G.S. 90-414.7(b)(8) and a written participation agreement described in G.S. 90-414.7(b)(6) with the Authority or qualified organization prior to submitting data through or in the HIE Network.
(b) Each covered entity that participates in the HIE Network may authorize its business associates on behalf of the covered entity to submit data through, or access data stored in, the HIE Network in accordance with this Article and at the discretion of the Authority, as provided in G.S. 90-414.7(b)(8).
(c) Notwithstanding any federal or State law or regulation to the contrary, each covered entity that participates in the HIE Network may disclose an individual's protected health information through the HIE Network to other covered entities for any purpose permitted by HIPAA. (2015-241, s. 12A.5(d); 2015-264, s. 86.5(c); 2017-57, s. 11A.5(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.10 - Continuing right to opt out; effect of opt out.

§ 90-414.10. Continuing right to opt out; effect of opt out.
(a) Each individual has the right on a continuing basis to opt out or rescind a decision to opt out.
(b) The Authority or its designee shall enforce an individual's decision to opt out or rescind an opt out prospectively from the date the Authority or its designee receives written notice of the individual's decision to opt out or rescind an opt out in the manner prescribed by the Authority. An individual's decision to opt out or rescind an opt out does not affect any disclosures made by the Authority or covered entities through the HIE Network prior to receipt by the Authority or its designee of the individual's written notice to opt out or rescind an opt out.
(c) A covered entity shall not deny treatment, coverage, or benefits to an individual because of the individual's decision to opt out. However, nothing in this Article is intended to restrict a health care provider from otherwise appropriately terminating a relationship with an individual in accordance with applicable law and professional ethical standards.
(d) Except as otherwise permitted in G.S. 90-414.11(a)(3), or as required by law, the protected health information of an individual who has exercised the right to opt out may not be made accessible or disclosed to covered entities or any other person or entity through the HIE Network for any purpose.
(e) Repealed by Session Laws 2017-57, s. 11A.5(e), effective July 1, 2017. (2015-241, s. 12A.5(d); 2017-57, s. 11A.5(e); 2019-23, s. 2.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.11 - Construction and applicability.

§ 90-414.11. Construction and applicability.
(a) Nothing in this Article shall be construed to do any of the following:
(1) Impair any rights conferred upon an individual under HIPAA, including all of the following rights related to an individual's protected health information:
a. The right to receive a notice of privacy practices.
b. The right to request restriction of use and disclosure.
c. The right of access to inspect and obtain copies.
d. The right to request amendment.
e. The right to request confidential forms of communication.
f. The right to receive an accounting of disclosures.
(2) Authorize the disclosure of protected health information through the HIE Network to the extent that the disclosure is restricted by federal laws or regulations, including the federal drug and alcohol confidentiality regulations set forth in 42 C.F.R. Part 2.
(3) Restrict the disclosure of protected health information through the HIE Network for public health purposes or research purposes, so long as disclosure is permitted by both HIPAA and State law.
(4) Prohibit the Authority or any covered entity participating in the HIE Network from maintaining in the Authority's or qualified organization's computer system a copy of the protected health information of an individual who has exercised the right to opt out, as long as the Authority or the qualified organization does not access, use, or disclose the individual's protected health information for any purpose other than for necessary system maintenance or as required by federal or State law.
(b) This Article applies only to disclosures of protected health information made through the HIE Network, including disclosures made within qualified organizations. It does not apply to the use or disclosure of protected health information in any context outside of the HIE Network, including the redisclosure of protected health information obtained through the HIE Network. (2015-241, s. 12A.5(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 29B - Statewide Health Information Exchange Act. › § 90-414.12 - Penalties and remedies; immunity for covered entities and business associates for good faith participation.

§ 90-414.12. Penalties and remedies; immunity for covered entities and business associates for good faith participation.
(a) Except as provided in subsection (b) of this section, a covered entity that discloses protected health information in violation of this Article is subject to the following:
(1) Any civil penalty or criminal penalty, or both, that may be imposed on the covered entity pursuant to the Health Information Technology for Economic and Clinical Health (HITECH) Act, P.L. 111-5, Div. A, Title XIII, section 13001, as amended, and any regulations adopted under the HITECH Act.
(2) Any civil remedy under the HITECH Act or any regulations adopted under the HITECH Act that is available to the Attorney General or to an individual who has been harmed by a violation of this Article, including damages, penalties, attorneys' fees, and costs.
(3) Disciplinary action by the respective licensing board or regulatory agency with jurisdiction over the covered entity.
(4) Any penalty authorized under Article 2A of Chapter 75 of the General Statutes if the violation of this Article is also a violation of Article 2A of Chapter 75 of the General Statutes.
(5) Any other civil or administrative remedy available to a plaintiff by State or federal law or equity.
(b) To the extent permitted under or consistent with federal law, a covered entity or its business associate that in good faith submits data through, accesses, uses, discloses, or relies upon data submitted through the HIE Network shall not be subject to criminal prosecution or civil liability for damages caused by such submission, access, use, disclosure, or reliance. (2015-241, s. 12A.5(d).)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-450 - Purpose.

§ 90-450. Purpose.
It is the purpose of this Article to promote the health, safety, and welfare of the people of North Carolina by establishing an orderly system of acupuncture licensing and to provide a valid, effective means of establishing licensing requirements. (1993, c. 303, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-451 - Definitions.

§ 90-451. Definitions.
The following definitions apply in this Article:
(1) Acupuncture. – A form of health care developed from traditional and modern Chinese medical concepts that employ acupuncture diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease.
(2) Board. – The Acupuncture Licensing Board.
(3) Practice of acupuncture or practice acupuncture. – The insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon acupuncture diagnosis as a primary mode of therapy. Adjunctive therapies within the scope of acupuncture may include massage, mechanical, thermal, electrical, and electromagnetic treatment and the recommendation of herbs, dietary guidelines, and therapeutic exercise. (1993, c. 303, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-452 - Practice of acupuncture without license prohibited.

§ 90-452. Practice of acupuncture without license prohibited.
(a) Unlawful Acts. – It is unlawful to engage in the practice of acupuncture without a license issued pursuant to this Article. It is unlawful to advertise or otherwise represent oneself as qualified or authorized to engage in the practice of acupuncture without having the license required by this Article. A violation of this subsection is a Class 1 misdemeanor.
(b) Exemptions. – This section shall not apply to any of the following persons:
(1) A physician licensed under Article 1 of this Chapter.
(2) A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the Board.
(3) A chiropractor licensed under Article 8 of this Chapter. (1993, c. 303, s. 1; 1994, Ex. Sess., c. 14, s. 48.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-453 - Acupuncture Licensing Board.

§ 90-453. Acupuncture Licensing Board.
(a) Membership. – The Acupuncture Licensing Board shall consist of nine members, three appointed by the Governor and six by the General Assembly. The six members appointed by the General Assembly shall be licensed to practice acupuncture in this State and shall not be licensed physicians under Article 1 of this Chapter. The persons initially appointed to those positions by the General Assembly need not be licensed at the time of selection but shall have met the qualifications under G.S. 90-455(a)(4) and (5). Of the Governor's three appointments, one shall be a layperson who is not employed in a health care profession; one shall be a physician licensed under Article 1 of this Chapter who has successfully completed 200 hours of Category I American Medical Association credit in medical acupuncture training as recommended by the American Academy of Medical Acupuncture; and one shall be licensed to practice acupuncture in this State. Of the members to be appointed by the General Assembly, three shall be appointed upon the recommendation of the Speaker of the House of Representatives, and three shall be appointed upon the recommendation of the President Pro Tempore of the Senate. The members appointed by the General Assembly must be appointed in accordance with G.S. 120-121.
Members serve at the pleasure of the appointing authority. Vacancies shall be filled by the original appointing authority and the term shall be for the balance of the unexpired term. A vacancy by a member appointed by the General Assembly must be filled in accordance with G.S. 120-122.
(b) Terms. – The members appointed initially by the Governor shall each serve a term ending on June 30, 1994. Of the General Assembly's initial appointments upon the recommendation of the Speaker of the House of Representatives, one shall serve a term ending June 30, 1995, and the other shall serve a term ending June 30, 1996. Of the General Assembly's initial appointments upon the recommendation of the President Pro Tempore of the Senate, one shall serve a term ending June 30, 1995, and the other shall serve a term ending June 30, 1996. After the initial appointments, all members shall be appointed for terms of three years beginning on July 1. No person may serve more than two consecutive full terms as a member of the Board.
(c) Meetings. – The Board shall meet at least once each year within 45 days after the appointment of the new members. At the Board's first meeting each year after the new members have been appointed, the members shall elect a chair of the Board and a secretary for the year. No person shall chair the Board for more than five consecutive years. The Board shall meet at other times as needed to perform its duties. A majority of the Board shall constitute a quorum for the transaction of business.
(d) Compensation. – Members of the Board are entitled to compensation and to reimbursement for travel and subsistence as provided in G.S. 93B-5. (1993, c. 303, s. 1; 2007-472, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-454 - Powers and duties of Board.

§ 90-454. Powers and duties of Board.
The Board may:
(1) Deny, issue, suspend, and revoke licenses in accordance with rules adopted by the Board, and may collect fees, investigate violations of this Article, and otherwise administer the provisions of this Article.
(2) Sponsor or authorize other entities to offer continuing education programs, and approve continuing education requirements for license renewal.
(3) Establish requirements for, collect fees from, and approve schools of acupuncture in this State. The requirements shall be at least as stringent as the core curricula standards of the Council of Colleges of Acupuncture and Oriental Medicine.
(4) Sue to enjoin violations of G.S. 90-452. The court may issue an injunction even though no person has yet been injured as a result of the unauthorized practice.
(5) Adopt and use a seal to authenticate official documents of the Board.
(6) Employ and fix the compensation of personnel and professional advisors, including legal counsel, as may be needed to carry out its functions, and purchase, lease, rent, sell, or otherwise dispose of personal and real property for the operations of the Board.
(7) Expend funds as necessary to carry out the provisions of this Article from revenues and interest generated by fees collected under this Article.
(8) Adopt rules to implement this Article in accordance with Chapter 150B of the General Statutes.
(9) Establish practice parameters to become effective July 1, 1995. The practice parameters shall be applicable to general and specialty areas of practice. The Board shall review the parameters on a regular basis and shall require licensees to identify parameters being utilized, the plan of care, and treatment modalities utilized in accordance with the plan of care. (1993, c. 303, s. 1; 2005-379, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-456 - Prohibited activities.

§ 90-456. Prohibited activities.
The Board may deny, suspend, or revoke a license, require remedial education, or issue a letter of reprimand, if a licensed acupuncturist or applicant:
(1) Engages in false or fraudulent conduct which demonstrates an unfitness to practice acupuncture, including any of the following activities:
a. Misrepresentation in connection with an application for a license or an investigation by the Board.
b. Attempting to collect fees for services which were not performed.
c. False advertising, including guaranteeing that a cure will result from an acupuncture treatment.
d. Dividing, or agreeing to divide, a fee for acupuncture services with anyone for referring a patient.
(2) Fails to exercise proper control over one's practice by any of the following activities:
a. Aiding an unlicensed person in practicing acupuncture.
b. Delegating professional responsibilities to a person the acupuncturist knows or should know is not qualified to perform.
c. Failing to exercise proper control over unlicensed personnel working with the acupuncturist in the practice.
(3) Fails to maintain records in a proper manner by any of the following:
a. Failing to keep written records describing the course of treatment for each patient.
b. Refusing to provide to a patient upon request records that have been prepared for or paid for by the patient.
c. Revealing personally identifiable information about a patient, without consent, unless otherwise allowed by law.
(4) Fails to exercise proper care for a patient, including either of the following:
a. Abandoning or neglecting a patient without making reasonable arrangements for the continuation of care.
b. Exercising, or attempting to exercise, undue influence within the acupuncturist/patient relationship by making sexual advances or requests for sexual activity or making submission to such conduct a condition of treatment.
(5) Displays habitual substance abuse or mental impairment so as to interfere with the ability to provide effective treatment.
(6) Is convicted of or pleads guilty or no contest to any crime which demonstrates an unfitness to practice acupuncture.
(7) Negligently fails to practice acupuncture with the level of skill recognized within the profession as acceptable under such circumstances.
(8) Willfully violates any provision of this Article or rule of the Board.
(9) Has had a license denied, suspended, or revoked in another jurisdiction for any reason which would be grounds for this action in this State. (1993, c. 303, s. 1.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-457 - Fees.

§ 90-457. Fees.
The Board may establish fees, not to exceed the following amounts:
(1) Application and an examination, one hundred dollars ($100.00).
(2) Issuance of a license, five hundred dollars ($500.00).
(3) Renewal of a license, three hundred dollars ($300.00).
(4) Renewal of a license, an additional late fee of two hundred dollars ($200.00).
(5) Duplicate license fee, twenty-five dollars ($25.00).
(6) Duplicate wall certificate fee, fifty dollars ($50.00).
(7) Labels for licensed acupuncturists, one hundred fifty dollars ($150.00).
(8) Returned check fee, forty dollars ($40.00).
(9) Licensure verification, forty dollars ($40.00).
(10) Name change, twenty-five dollars ($25.00).
(11) Continuing education program approval fee, fifty dollars ($50.00).
(12) Continuing education provider approval fee, two hundred dollars ($200.00).
(13) Initial school application fee, one thousand dollars ($1,000).
(14) Renewal school approval fee, seven hundred fifty dollars ($750.00).
(15) Inactive license renewal fee, fifty dollars ($50.00), payment due for each two-year extension. (1993, c. 303, s. 1; 2005-379, s. 3.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-457.1 - Continuing education.

§ 90-457.1. Continuing education.
(a) Applicants for license renewal shall complete all required continuing education units during the two calendar years immediately preceding the license renewal date.
(b) The Board shall set the minimum hours for study of specific subjects within the scope of practice of acupuncture. The Board shall set the maximum hours for subjects that have content relating to any health service and are relevant to the practice of acupuncture. In addition to formally organized courses, the Board may approve courses, such as personal training in nonaccredited programs and teaching diagnosis and treatment, as long as these courses have received prior approval by the Board.
(c) For purposes of this Article, one continuing education unit is defined as one contact hour or 50 minutes.
(d) The Board may choose to audit the records of any licensee who has reported and sworn compliance with the continuing education requirement. The audit of any licensee shall not take place more than every two years.
(e) Failure to comply with the continuing education requirements shall prohibit license renewal and result in the license reverting to expired status at the end of the renewal period.
(f) A licensee may apply to the Board for an extension of time to complete the portion of continuing education requirements that the licensee is unable to meet due to such unforeseeable events as military duty, family emergency, or prolonged illness. The Board may, at its discretion, grant an extension for a maximum of one licensing period. The Board shall receive the request no later than 30 days before the license renewal date. The applicant shall attest that the request is a complete and accurate statement, and the request shall contain the following:
(1) An explanation of the licensee's failure to complete the continuing education requirements.
(2) A list of continuing education courses and hours that the licensee has completed.
(3) The licensee's plan for satisfying the continuing education requirements. (2005-379, s. 4.)
2023 North Carolina General Statutes › Chapter 90 - Medicine and Allied Occupations › Article 30 - Practice of Acupuncture. › § 90-458 - Use of titles and display of license.

§ 90-458. Use of titles and display of license.
The titles "Licensed Acupuncturist" or "Acupuncturist" shall be used only by persons licensed under this Article. Possession of a license under this Article does not by itself entitle a person to identify oneself as a doctor or physician. Each person licensed to practice acupuncture shall post the license in a conspicuous location at the person's place of practice. (1993, c. 303, s. 1.)