reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0105 - EDUCATION AND CERTIFICATION REQUIREMENTS FOR REGISTRATION AND APPROVAL AS A NURSE PRACTITIONER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				nurse practitioner applicant seeking registration or first-time approval to
				practice after January 1, 2000, shall provide evidence of current certification
				as a nurse practitioner by a national credentialing body.
(b) A nurse practitioner applicant seeking
				registration or first-time approval to practice who completed a nurse
				practitioner education program prior to December 31, 1999 shall provide
				evidence of completion of a course of education that contains a core curriculum
				including 400 contact hours of didactic education and 400 contact hours of
				preceptorship or supervised clinical experience. The core curriculum shall
				contain the following components:
(1) health
				assessment and diagnostic reasoning including:
(A) historical data;
(B) physical examination data;
(C) organization of data base;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0106 - ANNUAL RENEWAL OF APPROVAL TO PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				registered nurse who is approved to practice as a nurse practitioner in this
				State shall annually renew each approval to practice with the Board no later
				than the last day of the nurse practitioner's birth month by:
(1) Maintaining current North Carolina RN
				licensure or privilege to practice;
(2) Maintaining certification as a nurse
				practitioner by a national credentialing body identified in Rule .0101(8) of
				this Subchapter;
(3) Attesting to
				completion of continuing competence requirements, and submitting evidence of
				completion if requested by the Board, as specified in Rule .0107 of this
				Subchapter;
(4) Submitting the fee
				required in Rule .0115 of this Subchapter; and
(5) Completing the renewal
				application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0107 - CONTINUING EDUCATION (CE)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				maintain nurse practitioner approval to practice, the nurse practitioner shall
				earn 50 contact hours of continuing education activity every two years,
				beginning with the first renewal after initial approval to practice has been
				granted. A minimum of 20 hours of the required 50 hours must be in the advanced
				practice nursing population focus of the NP role. The 20 hours must have
				approval granted by the American Nurses Credentialing Center (ANCC) or
				Accreditation Council on Continuing Medical Education (ACCME), or by a national
				accredited provider of nursing continuing professional development, or nurse
				practice-relevant courses in an institution of higher learning. A nurse
				practitioner who possesses a current national certification by a national
				credentialing body shall be deemed in compliance with the requirement of
				Paragraph (a) of this Rule.
(b)
				Prior to prescribing controlled substances as the same are defined in
				21 NCAC
				32M .0109(b)(2), nurse
				practitioners shall have completed a minimum of one CE hour within the
				preceding 12 months on 1 or more of the following topics:
(1) Controlled substances prescription
				practices;
(2) Prescribing
				controlled substances for chronic pain management;
(3) Recognizing signs of controlled substance
				abuse or misuse; or
(4) Non-opioid
				treatment options as an alternative to controlled substances.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0108 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any nurse
				practitioner who wishes to place her or his approval to practice on an inactive
				status shall notify the Board in writing.
(b) A nurse practitioner with an inactive
				approval to practice status shall not practice as a nurse
				practitioner.
(c) A nurse
				practitioner with an inactive approval to practice status who reapplies for
				approval to practice shall meet the qualifications for approval to practice in
				Rules .0103(a)(1), .0104(a) and (b), .0107, and .0110 of this Subchapter and
				receive notification from the Board of approval prior to beginning practice
				after the application is approved.
(d) A nurse practitioner who has not
				practiced as a nurse practitioner in more than two years shall complete a nurse
				practitioner refresher course approved by the Board in accordance with
				Paragraphs (o) and (p) of
				21 NCAC
				36 .0220 and consisting of common conditions
				and management of these conditions directly related to the nurse practitioner's
				area of academic education and national certification. A nurse practitioner
				refresher course participant shall be granted an approval to practice that is
				limited to clinical activities required by the refresher course.
Authority
				  G.S.
				  90-5.1(a)(3);
				  90-18(c)(14);
				  90-18.2;
				  90-171.36;
Eff.
				  January 1, 1996;
Amended Eff. November 1, 2013; January 1, 2013;
				  December 1, 2009; December 1, 2006; August 1, 2004; May 1, 1999;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1, 2016;
Amended Eff. June
				  1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0110 - QUALITY ASSURANCE STANDARDS FOR A COLLABORATIVE PRACTICE AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The following are the quality assurance standards for a
				  collaborative practice agreement:
(1)
				Availability: The primary or back-up supervising physician(s) and the nurse
				practitioner shall be continuously available to each other for consultation by
				direct communication or telecommunication.
(2) Collaborative Practice Agreement:
(a) shall be agreed upon, signed, and dated
				by both the primary supervising physician and the nurse practitioner, and
				maintained in each practice site;
(b) shall be reviewed at least yearly. This
				review shall be acknowledged by a dated signature sheet, signed by both the
				primary supervising physician and the nurse practitioner, appended to the
				collaborative practice agreement, and available for inspection by either
				Board;
(c) shall include the drugs,
				devices, medical treatments, tests, and procedures that may be prescribed,
				ordered, and performed by the nurse practitioner consistent with Rule .0109 of
				this Subchapter; and
(d) shall
				include a pre-determined plan for emergency services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0111 - METHOD OF IDENTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
When providing care to the public, the nurse practitioner
				  shall identify herself or himself as specified in
				  G.S.
				  90-640 and
				  21 NCAC
				  36 .0231.
Authority
				  G.S.
				  90-18(14);
				  90-640;
Eff. January
				  1, 1991;
Recodified from
				  21 NCAC
				  32M .0108 Eff. January 1, 1996;
Amended Eff. August 1, 2004; May 1, 1999; January 1, 1996;
Recodified from Rule .0110 Eff. August 1, 2004;
Readopted Eff. July
				  1, 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0112 - DISCIPLINARY ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) After notice
				and hearing in accordance with provisions of G.S. 150B, Article 3A,
				disciplinary action may be taken by the appropriate Board if one or more of the
				following is found:
(1) violation of
				G.S.
				90-18 and
				G.S.
				90-18.2 or the joint rules adopted by each
				Board;
(2) immoral or dishonorable
				conduct pursuant to and consistent with
				G.S.
				90-14(a)(1);
(3) any submissions to either Board pursuant
				to and consistent with
				G.S.
				90-14(a)(3);
(4) the nurse practitioner is adjudicated
				mentally incompetent or the nurse practitioner's mental or physical condition
				renders the nurse practitioner unable to safely function as a nurse
				practitioner pursuant to and consistent with
				G.S.
				90-14(a)(5) and
				G.S.
				90-171.37(3);
(5) unprofessional conduct by reason of
				deliberate or negligent acts or omissions and contrary to the prevailing
				standards for nurse practitioners in accordance and consistent with
				G.S.
				90-14(a)(6) and
				G.S.
				90-171.35(5);
(6) Conviction in any court of a criminal
				offense in accordance and consistent with
				G.S.
				90-14(a)(7) and
				G.S.
				90-171.37(2) and
				G.S.
				90-171.48;
(7) payments for the nurse practitioner
				practice pursuant to and consistent with
				G.S.
				90-14(a)(8);
(8) lack of professional competence as a
				nurse practitioner pursuant to and consistent with
				G.S.
				90-14(a)(11);
(9) exploiting the client pursuant to and
				consistent with
				G.S.
				90-14(a)(12) including the
				promotion of the sale of services, appliances, or drugs for the financial gain
				of the practitioner or of a third party;
(10) failure to respond to inquiries which
				may be part of a joint protocol between the Board of Nursing and Medical Board
				for investigation and discipline pursuant to and consistent with
				G.S.
				90-14(a)(14);
(11) the nurse practitioner has held himself
				or herself out or permitted another to represent the nurse practitioner as a
				licensed physician; or
(12) the
				nurse practitioner has engaged or attempted to engage in the performance of
				medical acts other than according to the collaborative practice
				agreement.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0113 - REPEALED - ANNUAL RENEWAL OF NP APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-6;
				  90-18(14);
Eff. January 1, 1991;
Recodified from
				  21 NCAC
				  32M .0110 Eff. January 1, 1996;
Repealed Eff. January 1, 1996.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0114 - REPEALED - NP FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  150B-11;
Eff. January 1,
				  1991;
Recodified from
				  21 NCAC
				  32M .0112 Eff. January 1, 1996;
Repealed Eff. January 1, 1996.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0115 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application fee of one hundred dollars
				($100.00) shall be paid at the time of initial application for approval to
				practice and each subsequent application for approval to practice. The
				application fee shall be twenty dollars ($20.00) for the volunteer
				approval.
(b) The fee for annual
				renewal of approval shall be fifty dollars ($50.00).
(c) The fee for annual renewal of volunteer
				approval shall be ten dollars ($10.00).
(d) No portion of any fee in this Rule is
				refundable.
Authority
				  G.S.
				  90-6;
Eff. January 1,
				  1996;
Recodified from
				  21 NCAC
				  32M .0111 Eff. January 1, 1996;
Amended Eff. August 1, 2004; May 1, 1999; January 1, 1996;
Recodified from Rule .0112 Eff. August 1, 2004;
Amended Eff.
				  November 1, 2008;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0116 - PRACTICE DURING A DISASTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				nurse practitioner approved to practice in this State or another state may
				perform medical acts as a nurse practitioner under the supervision of a
				physician licensed to practice medicine in North Carolina during a disaster in
				a county in which a state of disaster has been declared or counties contiguous
				to a county in which a state of disaster has been declared.
(b) The nurse practitioner shall notify the
				Board of Nursing in writing of the names, practice locations and telephone
				number for the nurse practitioner and each primary supervising physician within
				15 days of the first performance of medical acts as a nurse practitioner during
				the disaster, and the Board of Nursing shall notify the Medical
				Board.
(c) Teams of physician(s)
				and nurse practitioner(s) practicing pursuant to this Rule shall not be
				required to maintain on-site documentation describing supervisory arrangements
				and plans for prescriptive authority as otherwise required pursuant to Rules
				.0109 and .0110 of this Subchapter.
Authority
				  G.S.
				  90-18(c)(13), (14);
				  90-18.2;
				  90-171.20(7);
				  90-171.23(b);
				  90-171.42;
Eff. May 1,
				  1999;
Recodified from Rule .0105 Eff. August 1, 2004;
Amended Eff. December 1, 2009; August 1, 2004;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0117 - REPORTING CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Department
				of Health and Human Services ("Department") may report to the North Carolina
				Board of Nursing ("Board") information regarding the prescribing practices of
				those nurse practitioners ("prescribers") whose prescribing:
(1) falls within the top two percent of those
				prescribing 100 morphine milligram equivalents ("MME") per patient per day;
				or
(2) falls within the top two
				percent of those prescribing 100 MMEs per patient per day in combination with
				any benzodiazepine and who are within the top one percent of all controlled
				substance prescribers by volume.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0118 - DEFINITION OF CONSULTATION FOR PRESCRIBING CONTROLLED TARGETED SUBSTANCES

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of
				  G.S.
				  90-18.2(b), the term
				  "consult" shall mean a meaningful communication, occurring either in person or
				  electronically, between the nurse practitioner and a supervising physician that
				  is documented in the patient medical record. For the purposes of this Rule,
				  "meaningful communication" shall mean an exchange of information sufficient for
				  the supervising physician to make a determination that the prescription for a
				  targeted controlled substance is medically indicated.
Authority
				  G.S.
				  90-18.2;
Eff. May 1,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter M - APPROVAL OF NURSE PRACTITIONERS › Section 32M .0119 - REPEALED - COVID-19 DRUG PRESERVATION RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-5.1(a)(3);
				  90-18.2;
Emergency
				  Adoption Eff. April 21, 2020;
Temporary Adoption Eff. June 26,
				  2020;
Eff. April 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0101-.0105

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-14.1;
				  90-14.2;
				  90-14.3;
				  90-14.4;
				  90-14.5;
				  90-14.6;
				  90-14.7;
				  150B-11(1);
				  150B-38(h);
				  150B-39;
Eff. March
				  1, 1991;
Amended Eff. September 1, 1995;
Repealed Eff.
				  February 1, 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0106 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Section:
(1) "Disciplinary Proceedings" means hearings
				conducted pursuant to
				G.S.
				90-14.2 through
				90-14.7, and Article 3A of Chapter
				150B.
(2) "Good cause" related to
				motions or requests to continue or for additional time for responding includes:
(a) death or incapacitating illness of a
				party, or attorney of a party;
(b)
				a court order requiring a continuance;
(c) lack of proper notice of the
				hearing;
(d) a substitution of the
				attorney of a party if the substitution is shown to be required;
(e) agreement for a continuance by all
				parties if either more time is demonstrated to be necessary to complete
				mandatory preparation for the case, such as authorized discovery, and the
				parties and the Board have agreed to a new hearing date or the parties have
				agreed to a settlement of the case that has been or is likely to be approved by
				the Board; and
(f) where, for any
				other reason, either party has shown that the interests of justice require a
				continuance or additional time.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0107 - INVESTIGATIONS AND COMPLAINTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At the
				time of first oral or written communication from the Board or staff or agent of
				the Board to a licensee regarding a complaint or investigation, the Board shall
				provide the notices set forth in
				G.S.
				90-14(i), except as provided
				in Paragraph (e) of this Rule.
(b)
				A licensee shall submit a written response to a complaint received by the Board
				within 45 days from the date of a written request by Board staff. The Board
				shall grant up to an additional 30 days for the response where the licensee
				demonstrates good cause for the extension of time. The response shall contain
				accurate and complete information. Where a licensee fails to respond in the
				time and manner provided herein, the Board may treat that as a failure to
				respond to a Board inquiry in a reasonable time and manner as required by
				G.S.
				90-14(a)(14).
(c) The licensee's written response to a
				complaint submitted to the Board in accordance with Paragraph (b) of this Rule
				shall be provided to the complainant upon written request as permitted in
				G.S.
				90-16(e1), except that the
				response shall not be provided where the Board determines that the complainant
				has misused the Board's complaint process or that the release of the response
				would be harmful to the physical or mental health of the complainant who was a
				patient of the responding licensee.
(d) A licensee shall submit to an interview
				within 30 days from the date of an oral or written request from Board staff.
				The Board may grant up to an additional 15 days for the interview where the
				licensee demonstrates good cause for the extension of time. The responses to
				the questions and requests for information, including documents, during the
				interview shall be complete and accurate. Where respondent fails to respond in
				the time and manner provided herein, the Board may treat that as a failure to
				respond to a Board inquiry in a reasonable time and manner as required by
				G.S.
				90-14(a)(14).
(e) The licensee who is the subject of a
				Board inquiry may retain and consult with legal counsel of his or her choosing
				in responding to the inquiries as set out in
				G.S.
				90-14(i).
Authority
				  G.S.
				  90-5.1(a)(3);
				  90-14(a)(14);
				  90-14(i);
				  90-16(e1);
Eff. February 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0108 - INVESTIGATIVE INTERVIEWS BY BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				addition to formal hearings pursuant to
				G.S.
				90-14 and
				G.S.
				90-14.2, the Board may ask a licensee to
				attend a non-public interview with members of the Board and staff to discuss a
				pending complaint or investigation. The invitation letter shall describe the
				matters of dispute or concern and shall enclose the notices required by
				G.S.
				90-14(i), if not previously
				issued. No individual shall be placed under oath to give testimony. Statements
				made or information provided by a licensee during this interview may, however,
				be used against such licensee in any subsequent formal hearing.
(b) As a result of the interview, the Board
				may ask that the licensee take actions as referred to in
				G.S.
				90-14(k), may offer the
				licensee the opportunity to enter into a consent order or other public
				agreement that will be a matter of public record, may institute a formal public
				hearing concerning the licensee, or may take other action as the Board deems
				appropriate in each case.
(c)
				Unless ordered by the Board pursuant to
				G.S.
				90-8, attendance at such an interview is not
				required. A licensee may retain legal counsel and have such counsel present
				during such interview.
(d) If
				ordered to appear for an interview, requests for continuances from interviews
				shall be filed with the President as soon as practicable and shall be granted
				only upon good cause shown.
Authority
				  G.S.
				  90-5.1(a)(3);
				  90-8;
				  90-14(a)(14);
Eff. February 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0109 - PRE-CHARGE CONFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				issuing public Notice of Charges and Allegations against a licensee, the Board
				shall inform the licensee in writing of the right to request a pre-charge
				conference as set forth in
				G.S.
				90-14(j). The written notice
				regarding the pre-charge conference shall be sent by certified mail, return
				receipt requested to the last mailing address registered with the
				Board.
(b) A request for a
				pre-charge conference must be:
(1) in writing
				via delivery of a letter or by facsimile or electronic mail;
(2) addressed to the coordinator identified
				in the written notice provided as set forth in Paragraph (a) of this Rule;
				and
(3) received by the Board no
				later than 30 days from the date appearing on the written notice provided as
				set forth in Paragraph (a) of this Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0111 - CONDUCTING DISCIPLINARY HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Disciplinary hearings conducted before a majority of Board members shall be
				held at the Board's office or, by mutual consent, in another location where a
				majority of the Board has convened for the purpose of conducting business. For
				proceedings conducted by an administrative law judge, the venue shall be
				determined in accordance with
				G.S.
				150B-38(e). All hearings
				conducted by the Medical Board are open to the public; however, portions are
				closed to protect the identity of patients pursuant to
				G.S.
				90-16(b).
(b) All hearings by the Medical Board shall
				be conducted by a quorum of the Medical Board, except as provided in
				Subparagraph (1) and (2) of this Paragraph. The Medical Board President or his
				or her designee shall preside at the hearing. The Medical Board shall retain
				independent legal counsel to provide advice to the Board as set forth in
				G.S.
				90-14.2. The quorum of the Medical Board
				shall hear all evidence, make findings of fact and conclusions of law, and
				issue an order reflecting the decision of the majority of the quorum of the
				Board. The final form of the order shall be determined by the presiding
				officer, who shall sign the order. When a majority of the members of the
				Medical Board is unable or elects not to hear a contested case:
(1) The Medical Board may request the
				designation of an administrative law judge from the Office of Administrative
				Hearings to preside at the hearing so long as the Board has not alleged the
				licensee failed to meet an applicable standard of medical care. The provisions
				of G.S. 150B, Article 3A shall govern a contested case in which an
				administrative law judge is designated as the Hearing Officer; or
(2) The Medical Board President may designate
				in writing three or more hearing officers to conduct hearings as a hearing
				committee to take evidence. The provisions of
				G.S.
				90-14.5(a) through (d) shall
				govern a contested case in which a hearing committee is designated.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0112 - POST HEARING MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Following a
				disciplinary hearing either party may request a new hearing or to reopen the
				hearing for good cause as provided in
				G.S.
				90-14.7. For the purposes of this Rule, good
				cause is defined as any of the grounds set out in Rule 59 of the North Carolina
				Rules of Civil Procedure and complying with the following requirements:
(1) Following hearings conducted by a quorum
				of the Board, a motion for a new hearing or to reopen the hearing to take new
				evidence shall be served, in writing, on the presiding officer of the
				disciplinary hearing no later than 20 days after service of the final order
				upon the respondent. Supporting affidavits, if any, and a memorandum setting
				forth the basis of the motion together with supporting authorities, shall be
				filed with the motion. The opposing party has 20 days from service of the
				motion to file a written response, any reply affidavits, and a memorandum with
				supporting authorities. A quorum of the Board shall rule on the motion based on
				the parties' written submissions and oral arguments, if the Board permitted
				any; and
(2) Following hearings
				conducted by a hearing panel pursuant to
				G.S.
				90-14.5, a motion for a new hearing or to
				reopen the hearing to take new evidence shall be served, in writing, on the
				presiding officer of the hearing panel no later than 20 days after service of
				the recommended decision upon the respondent or respondent's counsel.
				Supporting affidavits, if any, and a memorandum setting forth the basis of the
				motion together with supporting authorities, shall be filed with the motion.
				The opposing party has 20 days from service of the motion to file a written
				response, any reply affidavits, and a memorandum with supporting authorities.
				The hearing panel shall rule on the motion based on the parties' written
				submission and oral arguments, if the Board permitted any.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0113 - CORRECTION OF CLERICAL MISTAKES

Current through Register Vol. 39, No. 2, July 15, 2024
Clerical mistakes in orders or other parts of the record from
				  a formal hearing and errors therein arising from oversight or omission may be
				  corrected by the Board President or designated presiding officer at any time on
				  his or her own initiative or on the motion of any party and after such notice,
				  if any, as the Board President or designated presiding officer orders. After
				  the filing by a respondent of an appeal to the Superior Court of the Board's
				  imposition of public disciplinary action as set forth in
				  G.S.
				  90-14.8, such mistakes may be so corrected
				  before the record of the case is filed by the Board with the clerk of the
				  Superior Court as required by
				  G.S.
				  90-14.8.
Authority
				  G.S.
				  90-5.1(a)(3);
				  150B-40;
Eff.
				  February 1, 2012;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter N - FORMAL AND INFORMAL PROCEEDINGS › Section 32N .0114 - SUMMARY SUSPENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the Board
				finds that the public health, safety, or welfare requires emergency action, it
				may, pursuant to
				G.S.
				150B-3(c), summarily suspend
				a license without a hearing or opportunity for the licensee to be
				heard.
(b) A motion to summarily
				suspend a license pursuant to this Rule shall be supported by competent
				evidence of the facts alleged requiring emergency action.
(c) The Board shall consult with independent
				counsel prior to issuing an order of summary suspension. The role of
				independent counsel shall be to advise the Board on the reliability and
				competency of the evidence presented in support of the motion for summary
				suspension.
(d) An order of summary
				suspension shall make preliminary findings of facts indicating why the public
				health, safety, or welfare requires emergency action. An order of summary
				suspension shall be accompanied by a notice of charges setting out the
				licensee's alleged violations of
				G.S.
				90-14(a). Upon service of
				the order of summary suspension, the licensee to whom the order is directed
				shall immediately cease practicing in North Carolina.
(e) The Board shall, when it summarily
				suspends a license, schedule a hearing to occur at the earliest practicable
				date, but no later than 30 days from the date of service of the order of
				summary suspension. The purpose of the hearing will be to determine whether
				there is a preponderance of competent evidence supporting the order of summary
				suspension. A hearing on the order of summary suspension may be combined with a
				hearing on the merits of the notice of charges on a date mutually agreed upon
				by the parties.
(f) The order of
				summary suspension shall remain in effect until the Board vacates it.
(g) Neither an order of summary suspension
				nor a decision upholding an order of summary suspension is a final agency
				decision.
Authority
				  G.S.
				  90-5.1(a)(3);
				  150B-3(c);
Eff. July 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter O - PHYSICIAN ASSISTANT REGULATIONS › Section 32O .0101-.0117

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-11;
				  90-14;
				  90-14(a)(11);
				  90-15;
				  90-18(13);
				  90-18.1;
				  90-171.23(14);
58 Fed. Reg. 31,171 (1993) (to be codified at
				  21 C.F.R.
				  1301);
Eff. June 1,
				  1994;
Amended Eff. February 1, 1995;
Repealed Eff. May
				  1, 1999.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter O - PHYSICIAN ASSISTANT REGULATIONS › Section 32O .0118-.0121

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-18(13);
				  90-18.1;
Eff. June 1,
				  1994;
Repealed Eff. September 1,
				  2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0101 - NAME OF LIMITED LIABILITY COMPANY

Current through Register Vol. 39, No. 2, July 15, 2024
The name of a limited liability company to practice medicine
				  shall not include any adjectives or other words not in accordance with the
				  ethics of the medical profession.
Authority
				  G.S.
				  55B-12;
				  57C-2-01;
				  90-14(a)(6);
Eff. June 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0102 - PREREQUISITES FOR ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Before filing the articles of organization for a limited liability company with
				the Secretary of State, the organizing members shall submit the following to
				the Board:
(1) a registration fee as set by
				Rule .0006 of this Subchapter; and
(2) a certificate certified by all organizing
				members, setting forth the names and addresses of each person who will be
				employed by the limited liability company to practice medicine, and stating
				that all such persons are duly licensed to practice medicine in North Carolina,
				and representing that the company will be conducted in compliance with the
				North Carolina Limited Liability Company Act and this Subchapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0103 - CERTIFICATE OF REGISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
A Certificate of Registration for a limited liability company
				  shall remain effective until December 31 of each odd-numbered year. A
				  Certificate of Registration shall be renewed biennially on application forms
				  supplied by the Board. The application shall be accompanied by a renewal fee as
				  set by Rule .0006 of this Subchapter.
Authority
				  G.S.
				  55B-10;
				  55B-11;
				  57C-2-01;
Eff. June
				  1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0104 - CHARTER AMENDMENTS AND MEMBERSHIP TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall issue the certificate authorizing transfer of
				  membership when membership is transferred in the company. This transfer form
				  shall be permanently retained by the company. The membership books of the
				  company shall be kept at the principal office of the company and shall be
				  subject to inspection by authorized agents of the Board.
Authority
				  G.S.
				  55B-6;
				  55B-12;
				  57C-2-01;
Eff. June
				  1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0105 - DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The forms and documents regarding limited liability companies
				  are issued by the Board.
Authority
				  G.S.
				  55B-2(6);
Eff.
				  June 1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter P - LIMITED LIABILITY COMPANIES › Section 32P .0106 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
The initial registration fee for a limited liability company
				  is fifty dollars ($50.00). The fee for renewal of a Certificate of Registration
				  is twenty-five dollars ($25.00).
Authority
				  G.S.
				  55B-10;
				  55B-11;
				  57C-2-01;
Eff. June
				  1, 1994;
Pursuant to
				  G.S.
				  150B-21.3A rule is necessary without
				  substantive public interest Eff. March 1,
				  2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter Q - IMPAIRED PHYSICIAN ASSISTANT PROGRAM › Section .0100 - GENERAL INFORMATION › Section 32Q .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-21.22;
Eff. June 1,
					 1994;
Repealed Eff. April 1,
					 2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter Q - IMPAIRED PHYSICIAN ASSISTANT PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 32Q .0201-.0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-21.22;
Eff. June 1,
					 1994;
Repealed Eff. April 1,
					 2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter R - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section .0100 - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section 32R .0101 - CONTINUING MEDICAL EDUCATION (CME) REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Continuing Medical Education (CME) is defined as education, training, and
				  activities to increase knowledge and skills generally recognized and accepted
				  by the profession as within the basic medical sciences, the discipline of
				  clinical medicine, and the provision of healthcare to the public. The purpose
				  of CME is to maintain, develop, or improve the physician's knowledge, skills,
				  professional performance, and relationships a physician uses to provide
				  services for his or her patients and practice, the public, or
				  profession.
(b) A physician
				  licensed to practice medicine in the State of North Carolina, except those
				  physicians holding a residency training license, shall complete at least 60
				  hours of Category 1 CME relevant to the physician's current or intended
				  specialty or area of practice every 3 years. Every physician who prescribes
				  controlled substances, except those physicians holding a residency training
				  license, shall complete at least 3 hours of CME from the required 60 hours of
				  Category 1 CME designed specifically to address controlled substance
				  prescribing practices. The controlled substance prescribing CME shall include
				  instruction on controlled substance prescribing practices and controlled
				  substance prescribing for chronic pain management. CME that includes
				  recognizing signs of the abuse or misuse of controlled substances, or
				  non-opioid treatment options shall qualify for the purposes of this
				  Rule.
(c) The three-year period
				  described in Paragraph (b) of this Rule begins on the physician's birthday
				  following the issuance of his or her license.
Authority
					 G.S.
					 90-5.1(a)(3);
					 90-5.1(a)(10);
					 90-14(a)(15);
					 S.L. 2015-241, s. 12F.16(b) and 12F.16(c);
Eff. January 1,
					 2000;
Amended Eff. August 1, 2012; January 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1, 2016;
Amended Eff. April
					 1, 2020; September 1, 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter R - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section .0100 - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section 32R .0102 - APPROVED CATEGORIES OF CME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Category 1
				  CME providers are:
(1) Institutions or
				  organizations accredited by the Accreditation Council on Continuing Medical
				  Education (ACCME) and reciprocating organizations;
(2) The American Osteopathic Association
				  (AOA);
(3) A state medical society
				  or association;
(4) The American
				  Medical Association (AMA);
(5)
				  Specialty boards accredited by the American Board of Medical Specialties
				  (ABMS), the AOA, or Royal College of Physicians and Surgeons of Canada (RCPSC;)
				  and
(6) The Joint Accreditation for
				  Interprofessional Continuing Education.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter R - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section .0100 - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section 32R .0103 - EXCEPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A physician
				  shall be exempt from the requirements of Rule .0101 of this Section if the
				  licensee is:
(1) Currently enrolled in an AOA
				  or Accreditation of Council of Graduate Medical Education (ACGME) accredited
				  graduate medical education program and holds a residency training
				  license;
(2) In good standing with
				  the Board and is either:
(A) serving in the
				  armed forces of the United States or serving in support of such armed forces,
				  and serving in a combat zone; or
(B) serving with respect to a military
				  contingency operation as defined by
				  10 U.S.C.
				  101(a)(13); or
(3) Serving as a member of the
				  General Assembly's House or Senate Health Committee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter R - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section .0100 - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section 32R .0104 - REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
At the time of annual renewal, each Licensee shall report
					 on the Board's annual renewal form compliance with, or exemption from, Rule
					 .0101 of this Section. Records documenting compliance or exemption must be
					 maintained for six consecutive years and may be inspected by the Board or its
					 agents.
Authority
					 G.S.
					 90-14(a)(15);
Eff. January 1, 2000;
Amended Eff. August 1, 2012; January 1,
					 2001;
Pursuant to
					 G.S.
					 150B-21.3A rule is necessary without
					 substantive public interest Eff. March 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter R - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section .0100 - CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS › Section 32R .0105 - REPEALED - WAIVER FOR LICENSEES SERVING ON ACTIVE DUTY IN THE ARMED SERVICES OF THE US

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 105-249.2; S. L. 2009-458; Section 7508 of
					 the Internal Revenue Code; 10 U.S.C. 101;
Eff.
					 August 1, 2010;
Repealed Eff. August 1,
					 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter S - PHYSICIAN ASSISTANTS › Section .0100 - REPEALED › Section 32S .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-11;
					 90-18(c)(13);
					 90-18.1;
Eff. May 1,
					 1999;
Amended Eff. June 1, 2006;
Repealed Eff.
					 September 1, 2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter S - PHYSICIAN ASSISTANTS › Section .0100 - REPEALED › Section 32S .0103 - REPEALED - TEMPORARY LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-18(13);
					 90-18.1;
Eff. May 1,
					 1999;
Repealed Eff. April 1,
					 2006.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter S - PHYSICIAN ASSISTANTS › Section .0100 - REPEALED › Section 32S .0104-.0113

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-13(c)(13);
					 90-14;
					 90-14(a)(11);
					 90-14.2;
					 90-15;
					 90-18(c)(13);
					 90-18.1;
					 90-171.23(14); 58
					 Fed. Reg. 31,171(1993) (to be codified at
					 21 C.F.R.
					 301);
Eff. May 1,
					 1999;
Amended Eff. July 1, 2006; June 1, 2006; April 1, 2006; April
					 1, 2005; May 1, 2004; April 1, 2004;
Repealed Eff. September 1,
					 2009.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 32 - NORTH CAROLINA MEDICAL BOARD › Subchapter S - PHYSICIAN ASSISTANTS › Section .0100 - REPEALED › Section 32S .0115-.0118

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-12.1;
					 90-12.2;
					 90-15;
					 90-18(c)(13);
					 90-18.1;
					 166A-6;
Eff. May 1,
					 1999;
Amended Eff. April 1, 2006; April 1, 2005;
Repealed Eff. September 1, 2009.