reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0105 - DISCIPLINARY ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The CNM is
				subject to
				G.S.
				90-171.37;
				90-171.48 and
				21 NCAC
				36 .0217 by virtue of the license to practice
				as a RN.
(b) After notice and
				hearing in accordance with provisions of G.S. 150B, Article 3A, the Committee
				may take disciplinary action if it finds one or more of the following:
(1) practicing without a valid approval to
				practice as a CNM;
(2) presenting
				false information to the Committee in procuring or attempting to procure an
				approval to practice as a CNM;
(3)
				the CNM is adjudicated mentally incompetent by a court of competent
				jurisdiction or the CNM's mental or physical condition renders the CNM unable
				to safely function as a CNM;
(4)
				unprofessional conduct by reason of deliberate or negligent acts or omissions
				and contrary to the prevailing standards for CNMs as set forth by
				ACNM;
(5) conviction of a criminal
				offense where the CNM has deceived or defrauded the public;
(6) soliciting or attempting to solicit
				payments for the CNM practice with false representations;
(7) failure to maintain professional
				competence as a CNM such that the CNM would no longer be eligible for
				certification by the ACMB or the ACNM;
(8) exploiting the patient, including the
				promotion of the sale of services, appliances, or drugs, for the financial gain
				of the CNM or of a third party;
(9)
				failure to respond to inquiries of the Committee for investigation and
				discipline;
(10) the CNM has
				engaged or attempted to engage in the performance of midwifery acts other than
				according to the collaborative provider agreement or without being approved by
				the Committee to practice independently;
(11) failure to obtain a written, informed
				consent agreement from a patient;
(12) practiced or offered to practice beyond
				the scope of CNM practice as defined in Rule .0112 of this Chapter;
(13) failure to comply with any order of the
				Committee;
(14) violating any term
				of probation, condition, or limitation imposed on the CNM by the Committee;
				or
(15) any violation within this
				Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0105 - DISCIPLINARY ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The midwife
				is subject to
				G.S.
				90-171.37;
				90-171.48 and
				21 NCAC
				36 .0217 by virtue of the license to practice
				as a registered nurse.
(b) After an
				investigation is completed, the Committee may recommend one of the following:
(1) dismiss the case;
(2) issue a private letter of
				concern;
(3) enter into negotiation
				for a Consent Order;
(4) a
				disciplinary hearing in accordance with G.S. 150B, Article 3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0106 - NURSE MIDWIFE APPLICANT STATUS (REPEALED)

Current through Register Vol. 39, No. 2, July 15, 2024
21 NCAC 33 .0106 NURSE MIDWIFE
				  APPLICANT STATUS (repealed)
Authority
				  G.S.
				  90-178.2;
				  90-178.5;
Eff. March
				  1, 1991;
RRC Objection Eff. May 18, 2000 due to lack of statutory
				  authority;
RRC returned rule to agency on June 19,
				  2000;
Codifier of Rules removed rule from the NCAC Eff. June 19,
				  2000.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0107 - REPEALED - NURSE MIDWIFE APPLICANT STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-178.2;
				  90-178.3;
				  90-178.5;
				  90-171.83;
Eff. April
				  1, 2001;
Repealed Eff. March 1,
				  2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0108 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event the Midwifery Joint Committee's authority to
				  expend funds is suspended pursuant to
				  G.S.
				  93B-2(d), the Committee
				  shall continue to issue and renew licenses and all fees tendered shall be
				  placed in an escrow account maintained by the Committee for this purpose. Once
				  the Committee's authority is restored, the funds shall be moved from the escrow
				  account into the general operating account.
Authority
				  G.S.
				  93B-2;
Eff. May 1,
				  2011;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0109 - EXPIRED - TERMINATION OF APPROVAL TO PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-178.2;
				  90-178.3;
				  90-178.4;
				  90-178.5;
Emergency
				  Adoption Eff. June 18, 2012;
Emergency Adoption expired August 31,
				  2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0110 - 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 Committee
				information regarding the prescribing practices of those midwives
				("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 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 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0111 - CONTINUING EDUCATION (CE)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to
				maintain an approval to practice midwifery, a CNM shall meet the requirements
				of the Certificate Maintenance Program of the American Midwifery Certifying
				Board, including continuing education requirements. These requirements are
				hereby incorporated by reference, including subsequent amendments or editions,
				and may be accessed at no cost at:
https://www.amcbmidwife.org/certificate-maintenance-program/purpose-objectives
.
(b) Prior to prescribing Controlled
				Substances (Schedules II, IIN, III, IIIN, IV, V) defined by the State and
				Federal Controlled Substances Act, CNMs shall have completed a minimum of one
				CE hour within the preceding 12 months on one 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 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0111 - CONTINUING EDUCATION (CE)

Current through Register Vol. 39, No. 2, July 15, 2024
In order to maintain approval to practice midwifery, a
				  midwife shall meet the requirements of the Certificate Maintenance Program of
				  the American College of Nurse-Midwives, including continuing education
				  requirements. Every midwife who prescribes controlled substances shall complete
				  at least one hour of continuing education (CE) hours annually consisting of CE
				  designated specifically to address controlled substances prescribing practices,
				  signs of the abuse or misuse of controlled substances, and controlled substance
				  prescribing for chronic pain management. Documentation of continuing education
				  shall be maintained by the midwife for the previous five calendar years and
				  made available upon request to the Committee.
Authority:
				  G.S.
				  90-5.1;
				  90-14(a)(15);
				  90-178.5(2); S.L.
				  2015-241, s. 12F .16(b);
Eff. March 1, 2017;
Readopted
				  Eff. November 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0112 - SCOPE OF PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
The CNM's scope of practice is defined by academic
				  educational preparation and national certification and maintained competence.
				  Scope of practice is set by the ACNM at
https://www.midwife.org/acnm/files/acnmlibrarydata/uploadfilename/000000000266/Definition%20Midwifery%20Scope%20of%20Practice_2021.pdf
,
				  is available at no cost, and is hereby incorporated by reference, including
				  subsequent amendments and editions. Scope of practice includes:
(1) diagnosing, treating, and managing a full
				range of primary health care services to the patient throughout the lifespan,
				including gynecologic care, family planning services, preconception care,
				prenatal and postpartum care, childbirth, and care of the newborn;
(2) treating patients and their partners for
				sexually transmitted diseases and reproductive health;
(3) providing care in diverse settings such
				as home, hospital, birth center, and a variety of ambulatory care settings
				including private offices and community and public health clinics;
(4) prescribing, administering, and
				dispensing therapeutic measures, tests, procedures, and drugs;
(5) planning for situations beyond the CNM's
				scope of practice and expertise by collaborating, consulting with, and
				referring to other health care providers as appropriate; and
(6) evaluating health outcomes.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0113 - EXPIRED - COVID-19 DRUG PRESERVATION RULE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-5.1;
				  90-8.2;
				  90-12.5;
				  90-171.23;
				  90-171.49;
Emergency
				  Adoption Eff. April 21, 2020;
Emergency Adoption Expired on June
				  18, 2020 pursuant to
				  G.S.
				  150B-21.1A(d)(3).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0114 - ANNUAL RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The CNM
				shall renew the approval to practice annually no later than the last day of the
				applicant's birth month by:
(1) maintaining an
				active, unencumbered North Carolina RN license or privilege to
				practice;
(2) submitting a
				completed application as outlined in Rule .0103 of this Chapter for renewal,
				attesting under oath or affirmation that the information on the application is
				true and complete, and authorizing the release to the Committee of all
				information pertaining to the application;
(3) attesting to having completed the
				requirements of the Certificate Maintenance Program of the American Midwifery
				Certification Board or its successor, including continuing education
				requirements, and submit evidence of completion if requested by the Committee
				as specified in Rule .0111 of this Chapter; and
(4) submitting the approval to practice
				renewal fee as established in
				G.S.
				90-178.4(b)(2) and this
				Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0115 - INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any CNM who
				wishes to place their approval to practice on an inactive status shall notify
				the Committee in writing.
(b) A CNM
				with an inactive approval to practice status shall not practice as a
				CNM.
(c) A CNM with an inactive
				approval to practice status who reapplies for an approval to practice shall
				meet the qualifications for an approval to practice in Rule .0103 of this
				Chapter and shall not resume practicing until notification is received that the
				Committee has granted the application.
(d) A CNM who has not practiced as a CNM in
				more than two years shall complete a midwifery refresher course approved by the
				Commission. The refresher course shall be based on the American College of
				Nurse-Midwives' reentry to midwifery practice guidelines, which are hereby
				incorporated by reference, including subsequent amendments or editions and are
				available at no cost at:
http://www.midwife.org/Re-entry-Guidelines-for-CNMs/CMs
.
				The refresher course shall be directly related to the CNM's area of academic
				education and national certification. A midwifery refresher course participant
				shall be granted an approval to practice that is limited to clinical activities
				required by the refresher course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0116 - COLLABORATIVE PROVIDER AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A CNM with
				less than 24 months and 4,000 hours of practice as a CNM is required to have a
				written collaborative provider agreement to practice midwifery. The
				collaborative provider agreement shall:
(1) be
				agreed upon, signed, and dated by both the collaborating provider and the CNM,
				and maintained in each provider site;
(2) be reviewed at least annually, to ensure
				that the CNM and collaborating provider continue to practice under the terms of
				the agreement, and determine whether any changes to the agreement are
				necessary. This review shall be acknowledged by a dated signature sheet, signed
				by both the collaborating provider and the CNM, appended to the collaborative
				provider agreement, and available for inspection by the Committee;
(3) include mutually agreed upon written
				clinical practice guidelines for the drugs, devices, medical treatments, tests,
				and procedures that may be prescribed, ordered, and performed by the CNM;
				and
(4) include a pre-determined
				plan for emergency services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0117 - PRESCRIBING AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				prescribing stipulations contained in this rule apply to writing prescriptions
				and ordering the administration of medications by a CNM.
(b) A CNM must possess a valid United States
				Drug Enforcement Administration ("DEA") registration in order to prescribe
				controlled substances.
(c) To act
				as a collaborating provider for a CNM, the DEA registration of the
				collaborating provider shall include the same schedule or schedules of
				controlled substances as the CNM practicing under a collaborative provider
				agreement.
(d) Prescribing and
				dispensing stipulations for the CNM authorized to practice under a
				collaborative provider agreement are as follows:
(1) The collaborative provider agreement
				outlined in Rule .0116 of this Chapter shall include the drugs and devices that
				the CNM may prescribe.
(2) The CNM
				has an assigned DEA number that is entered on each prescription for a
				controlled substance.
(3) Refills
				may be issued consistent with Controlled Substances (Schedules II, IIN, III,
				IIIN, IV, V) defined by the State and Federal Controlled Substances
				Act.
(4) The collaborative provider
				shall possess a schedule(s) of controlled substances equal to or greater than
				the CNM's DEA registration.
(5) The
				CNM may prescribe a drug or device not included in the collaborative provider
				agreement only as follows:
(A) Upon a specific
				written or verbal order obtained from the collaborating provider before the
				prescription or order is issued by the CNM; and
(B) The written or verbal order as described
				in Part (c)(3)(A) of this rule shall be entered into the patient record with a
				notation that it is issued on the specific order of a collaborating provider
				and signed by the CNM and the collaborating provider.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 33 - MIDWIFERY JOINT COMMITTEE › Section .0100 - MIDWIFERY JOINT COMMITTEE › Section 33 .0118 - BIRTH OUTSIDE HOSPITAL SETTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				initiating care for a patient planning a birth outside of a hospital setting,
				the CNM shall be required to:
(1) obtain a
				signed, written informed consent agreement with the patient that details:
(A) identifying information of the patient to
				include name, date of birth, address, phone number, and email address if
				available;
(B) identifying
				information of the CNM to include the name, RN license number, approval to
				practice number, practice name, if applicable, and email address;
(C) information about the procedures,
				benefits, and risks of planned births outside of hospital settings;
(D) an acknowledgment and understanding of
				the clear assumption of these risks by the patient;
(E) when and if deemed necessary by the CNM,
				an acknowledgment by the patient to consent to transfer to a health care
				facility licensed under Chapter 122C or Chapter 131E of the General Statutes
				that has at least one operating room; and
(F) a disclosure that the CNM is not covered
				under a policy of liability insurance, if applicable.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0101 - AGENCY NAME AND ADDRESS

Current through Register Vol. 39, No. 2, July 15, 2024
The name of the agency promulgating the rules in this
					 Chapter is the North Carolina Board of Funeral Service. As used in these Rules,
					 the word "Board" shall refer to this agency. The office of the Board is located
					 at 1033 Wade Avenue, Suite 108, Raleigh, North Carolina
					 27605.
Authority
					 G.S.
					 90-210.22;
					 90-210.23(a);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. July 1, 2004; November 1, 2001; December 1,
					 1993; July 1, 1991; October 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0102 - REPEALED - PURPOSE OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a),(i);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. August 1, 2004; May 1, 1993; July 1,
					 1991;
Repealed Eff. August 1,
					 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0103-.0104 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 90-210.122(c);
					 90-210.134(a);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. January 1, 2009; August 1, 2004; July 1, 1991;
					 September 1, 1979;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0105 - REPEALED - PUBLIC INSPECTION OF MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a),(i);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. August 1, 1988; September 1, 1979;
Repealed Eff. August 1, 2012.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0106-.0107 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 150B-11(1);
					 150B-12(e);
					 150B-20;
Eff.
					 February 1, 1976;
Readopted Eff. September 27, 1977;
Amended Eff. July 1, 2004; August 1, 1988;
Expired Eff. September
					 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0108 - REQUESTS FOR DECLARATORY RULING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the
				  purpose of dealing with a request by a person aggrieved for a declaratory
				  ruling, pursuant to
				  G.S.
				  150B-4, the following procedures shall apply:
(1) The request shall be in writing on a form
				  provided by the Board, dated and verified by the person submitting the same,
				  and shall be submitted in person or by mail to the office of the
				  Board.
(2) The form shall require
				  the individual to submit the name and address of the person submitting the
				  same; his or her license number or numbers if licensed by the Board; his or her
				  current employment; a description of the rule or statute referred to; a
				  statement of any facts the applicability of which to a rule or statute the
				  person is questioning; and a statement of the manner in which the person is
				  aggrieved by the rule or statute or its potential application to him or
				  her.
(3) Within 30 days after
				  receiving such a request completed form, the Board shall meet, at which meeting
				  at least a quorum of its members shall be present, to consider the request. At
				  such meeting the Board shall make a decision by majority vote of those present
				  as to whether to issue the ruling. The Board shall issue a ruling except:
(A) when it finds that the person making the
				  request is not a "person aggrieved", as defined in
				  G.S.
				  150B-2(6); or
(B) when it finds, in a request concerning
				  the validity of a rule, that the circumstances are so unchanged since the
				  adoption of the rule in question that a ruling would not be warranted;
				  or
(C) when it finds, in a request
				  concerning the validity of a rule, that the rulemaking record shows that the
				  Board considered all specified relevant factors when it adopted the rule in
				  question.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0109 - EXPIRED - ADMINISTRATIVE HEARING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a),(d);
					 150B-21.6;
					 150B-38(h);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. July 1, 2004; December 1, 1988; July 1,
					 1988;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0110-.0116

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a),(d);
					 150B-11;
					 150B-23;
					 150B-27;
					 150B-32(a);
150B-34; 150B-36;
Eff. February 1, 1976;
Readopted Eff.
					 September 27, 1977;
Repealed Eff. July 1,
					 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0117-.0118 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. August 1, 2004; August 1, 1988;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0120 - REPEALED - PROPOSAL FOR DECISION IN CONTESTED CASE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a),(d);
					 150B-11;
					 150B-23;
					 150B-27;
					 150B-32(a);
					 150B-34;
					 150B-36;
Eff.
					 February 1, 1976;
Readopted Eff. September 27, 1977;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0121 - EXPIRED - NOTICE MAILING LIST

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 150B-11(1);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0122 - CHARACTER AFFIDAVIT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Affidavits of good moral character shall be furnished on
					 forms provided by the Board. The affiant shall furnish the name and address of
					 the affiant, the name of the applicant, the length of time the affiant has been
					 acquainted with the applicant, an affirmation of the good moral character of
					 the applicant, certification by a notary public, and other information the
					 Board deems necessary as required by law.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.26;
Eff.
					 September 1, 1979;
Amended Eff. August 1, 2004.
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0123 - CONSUMER COMPLAINT FORM

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may provide consumer complaint forms. The
					 complainant shall furnish the names and addresses of all parties involved, a
					 description of the complaint, the signature of the complainant, and other
					 information that the Board deems necessary as required by
					 law.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.18(a);
					 90-210.25(e);
					 90-210.134(a);
Eff. September 1, 1979;
Recodified from
					 21 NCAC
					 34 .0124 Eff. February 7, 1991;
Amended Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0124 - SOLICITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definitions. As
				  used in this Rule:
(1) "Licensee" shall mean
				  a person licensed by the Board as a funeral service, funeral director, or
				  embalmer.
(2) "Real-time
				  communication" shall mean any in-person, live telephone, or real-time
				  electronic contact.
(3) "Solicit"
				  shall mean engaging in the act of solicitation.
(4) "Solicitation," shall mean any uninvited,
				  intentional contact with an individual for the purpose of procuring the right
				  to provide funeral services or merchandise, either immediately or at a future
				  date when financial gain is a significant motive.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0125 - EXPIRED - FINGERPRINTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(1), (2), (3),
					 (4);
					 90-210.25(e)(1);
					 90-210.43(f);
					 90-210.50(a);
					 90-210.67(b),
					 (c);
					 90-210.69(a),
					 (c);
Eff. August 2,
					 1993;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0127 - FILING OF DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any document that does not require a fingerprint card or
					 the payment of a fee, or that does not pertain to elections to the N.C.
					 Crematory Authority or to a resident traineeship, may be filed with the Board
					 by U.S. mail, private courier service, facsimile, or hand delivery. All other
					 documents must be filed by U.S. mail, private courier service, or hand
					 delivery. Documents shall be considered filed on the date of receipt or, if
					 sent by U.S. mail or private courier service, on the date of postmark or date
					 stamp used by the private courier respectively.
Authority
					 G.S.
					 90-210.23(a);
Eff. January 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0100 - GENERAL PROVISIONS › Section 34A .0128 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board may
				  waive any rule in this Chapter that is not statutorily required if a licensee,
				  trainee, or continuing education course provider submits a written request.
				  Factors the Board shall use in determining whether to grant the waiver are:
(1) degree of disruption to the
				  Board;
(2) cost to the
				  Board;
(3) degree of benefit to the
				  public;
(4) whether the requesting
				  party had control over the circumstances that required the requested
				  waiver;
(5) notice to and
				  opposition by the public;
(6) need
				  for the waiver; and
(7) previous
				  requests for waivers submitted from the requesting party.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0200 - FEES AND OTHER PAYMENTS › Section 34A .0201 - FEES AND OTHER PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fees for
				  funeral service shall be as follows:
Establishment permit
Application
$250.00
Annual renewal
$200.00
Late renewal fee
$100.00
Establishment and embalming facility reinspection
								fee
$100.00
Courtesy card
Application
$ 75.00
Annual renewal
$ 50.00
Out-of-state licensee
Application
$200.00
Embalmer, funeral director, funeral service
Application, North Carolina resident
$150.00
Application, non-resident
$200.00
Annual renewal
Embalmer
$ 75.00
Funeral Director
$ 75.00
Total fee, embalmer and funeral director, when both
								are held by same person
$ 100.00
Funeral service
$ 100.00
Inactive status
$ 30.00
Reinstatement fee
$ 50.00
Resident trainee permit
Application
$ 50.00
Voluntary change in supervisor
$ 50.00
Annual renewal
$ 35.00
Late renewal
$ 25.00
Duplicate License certificate
$ 25.00
Chapel registration
Application
$150.00
Annual renewal
$100.00
Late renewal
$ 75.00
(b)
				  Fees for crematory and hydrolysis licensees shall be as follows:
License
Application
$400.00
Annual renewal
$150.00
Late renewal fee
$ 75.00
Crematory or hydrolysis reinspection fee
$100.00
Per-cremation or hydrolysis fee
$ 10.00
Late filing or payment fee for each cremation or
								hydrolysis
$ 10.00
Late filing fee for cremation or hydrolysis report,
								per month
$ 75.00
Crematory or Hydrolysis Manager Permit
Application
$150.00
Annual renewal
$ 40.00
(c)
				  Fees for preneed funeral contract regulation shall be as follows:
Preneed funeral establishment license
Application
$150.00
Annual renewal
$150.00
Late renewal fee
$100.00
Reinspection fee
$100.00
Preneed sales license
Application
$ 20.00
Annual renewal
$ 20.00
Late renewal fee
$ 25.00
Preneed contract filings
Filing fee for each contract
$ 20.00
Late filing or payment fee for each contract
$ 25.00
Late filing fee for each certificate of
								performance
$ 25.00
Late filing fee for annual report
$150.00
(d)
				  Fees for Transportation Permits shall be as follows:
Application
$125.00
Annual renewal
$ 75.00
Late fee
$ 50.00
(e)
				  All fees remitted to the Board are non-refundable.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(c);
					 90-210.28;
					 90-210.67(b),(c),(d),(d1);
					 90-210.68(a);
					 90-210.132;
Eff.
					 September 1, 1979;
Amended Eff. January 1, 1991; July 1, 1988;
					 January 1, 1988; October 1, 1983;
Recodified from
					 21 NCAC
					 34 .0123 Eff. February 7, 1991;
Amended Eff. December 1, 1993; August 2, 1993; May 1, 1993, July 1,
					 1991;
Temporary Amendment Eff. October 1, 1997;
Amended
					 Eff. August 20, 2014; March 1, 2004; August 1, 1998;
Readopted Eff.
					 January 8, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0200 - FEES AND OTHER PAYMENTS › Section 34A .0202 - WORTHLESS CHECKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person,
				  firm or corporation submitting to the Board a check which is dishonored and
				  returned shall be charged a processing fee in the maximum amount per check as
				  permitted by the North Carolina law in effect at the time.
(b) Until the worthless check has been made
				  good and the processing fee and any applicable late payment penalties have been
				  paid, any license, permit, authority or privilege which as been issued or given
				  based on the worthless check shall be invalid.
(c) All documents delivered by the Board
				  requesting payment of fees shall contain a notice of the processing fee as
				  required by North Carolina law.
Authority
					 G.S.
					 90-210.23(a);
					 25-3-512;
					 150B-11;
Eff.
					 October 1, 1983;
Amended Eff. July 1, 1988;
Recodified
					 from 21
					 NCAC 34 .0125 Eff. February 7,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0200 - FEES AND OTHER PAYMENTS › Section 34A .0203 - EXPIRED - REPORT TO GENERAL ASSEMBLY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 93B-2(d);
Eff. September 1, 2010;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter A - BOARD FUNCTIONS › Section .0200 - FEES AND OTHER PAYMENTS › Section 34A .0204 - PETITION FOR PREDETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) General. An individual seeking
				  predetermination pursuant to
				  G.S.
				  93B-8.1(b6) and this Rule
				  may file with the Board a petition form located on the Board's website,
				  www.ncbfs.org.
(b) Petition
				  Procedure. The petition form shall include all of the following information:
(1) The person's name;
(2) The last four digits of the person's
				  social security number;
(3) The
				  person's current residential address;
(4) The person's current mailing
				  address;
(5) A nationwide criminal
				  history record report from a reporting service designated by the Board, the
				  cost of which shall be borne by the petitioner;
(6) For each crime identified in the criminal
				  history record report, the following information:
(A) Whether the crime was a felony or
				  misdemeanor;
(B) The date that the
				  crime occurred;
(C) The date the
				  person was convicted of, or plead guilty or nolo contendere to, the
				  crime;
(D) The age of the person at
				  the time of the crime;
(E) The
				  circumstances surrounding the commission of the crime;
(F) The sentence imposed for the
				  crime;
(G) The period of time
				  during which the person was incarcerated for the crime, if any;
(H) The period of time during which the
				  person was on probation or parole for the crime, if any;
(I) Any documentation related to the person's
				  rehabilitation or employment since the date of the crime, if any;
(J) Whether the person has undergone any
				  rehabilitative drug or alcohol treatment since the date of the crime;
(K) Whether a Certificate of Relief has been
				  granted regarding the crime, pursuant to G.S. 15A 173.2; and
(L) Any affidavits or other written
				  documents, including character references, for the person; and
(7) An affirmation under oath that
				  the person has read the statutes and rules governing the practice of funeral
				  service and that the information contained in the petition is true and
				  accurate.
Incomplete petitions shall not be considered by the Board.
					 If incomplete petitions received by the Board are not made complete within 30
					 days of receipt, the incomplete petitions will be returned to the person from
					 whom the request was made.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0101 - REPEALED - CASE VOLUME OF ESTABLISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
					 150A-11;
Eff.
					 February 1, 1976;
Readopted Eff. September 27, 1977;
Repealed Eff. September 1, 1979.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0102 - TRAINEESHIP

Current through Register Vol. 39, No. 2, July 15, 2024
Each trainee must work at least 2,000 hours during the
					 trainee's resident traineeship. Daytime and nighttime employment shall be
					 acceptable so long as the trainee receives training in all aspects of the
					 license sought, as defined in
					 G.S.
					 90-210.20(e), (f), and
					 (k).
Authority
					 G.S.
					 90-210.23(a),(f);
					 90-210.25(a)(1)d.,(2)d.,(3)d.,(4);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1997;
Amended Eff. December 1, 2004; August 1, 1998; August 1,
					 1988; October 1, 1983; September 1, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0103 - AUTHORIZED PRACTICE: SUPERVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Duly
				  certified resident trainees in training for funeral service, duly certified
				  resident trainees in training for funeral directing and duly certified resident
				  trainees in training for embalming, while participating in learning experiences
				  and while supervised by a person licensed by the Board as a funeral service
				  licensee, funeral director or embalmer, respectively, may assist in the
				  practice of funeral service, funeral directing or embalming respectively, as
				  limited by this Rule.
(b) A
				  licensee wishing to supervise a trainee shall meet the following requirements:
(1) The licensee shall have either practiced
				  continuously in North Carolina for a minimum of five years before the date of
				  the application, or shall have taken a trainee supervisor certification course
				  provided by the Board; and
(2) The
				  licensee shall not have any disciplinary action taken by the Board or the
				  licensing board of any other jurisdiction to suspend or revoke his or her
				  license during the five years preceding the application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0104 - CHANGE IN EMPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Each resident trainee shall complete an application form
					 prescribed by the Board prior to making any change in employment during the
					 resident traineeship. The form shall require the applicant to furnish the name
					 of the trainee, the former funeral establishment and supervisor, the dates of
					 services with the former funeral establishment, the proposed funeral
					 establishment and supervisor, the proposed effective date of the change, and
					 any other information the Board deems necessary as determined by
					 law.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4)c.;
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. December 1, 2004; September 27,
					 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0105 - FUNERAL DIRECTOR TRAINEE APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Applications for a funeral director resident trainee shall
					 be made on forms provided by the Board. The applicant shall furnish the
					 applicant's photograph, name, address and biographical data; education;
					 employment history; criminal convictions; verification by the applicant; an
					 affidavit of a licensee that the trainee is serving under him or her; and any
					 other information the Board deems necessary as required by law. A transcript of
					 the applicant's high school record must accompany the
					 application.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. November 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0106 - EMBALMER TRAINEE APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Applications for an embalmer resident trainee shall be made
					 on forms provided by the Board. The applicant shall furnish the applicant's
					 photograph, name, address and biographical data; education; employment history;
					 criminal convictions; verification by the applicant; an affidavit of a licensee
					 that the trainee is serving under him or her; and any other information the
					 Board deems necessary as required by law. A transcript of the applicant's high
					 school record must accompany the application.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Amended Eff. November 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0107 - FUNERAL SERVICE TRAINEE APPLICATION FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Applications for a funeral service resident trainee shall
					 be made on applications provided by the Board. The form shall require the
					 applicant to furnish the applicant's photograph, name, address and biographical
					 data; education; employment history; criminal convictions; verification by the
					 applicant; an affidavit of a licensee that the trainee is serving under him or
					 her; and any other information the Board deems necessary as required by law. A
					 transcript of the applicant's high school record must accompany the
					 application.
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Eff. November 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19,
					 2017.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0108 - REPEALED - TRAINEE POCKET CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Repealed Eff. November 1,
					 1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter B - FUNERAL SERVICE › Section .0100 - RESIDENT TRAINEES › Section 34B .0109 - EXPIRED - EFFECTIVE DATE OF CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-210.23(a);
					 90-210.25(a)(4);
					 150B-11(1);
Eff. February 1, 1976;
Readopted Eff. September 27,
					 1977;
Expired Eff. September 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.