reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0100 - GENERAL PROVISIONS › Section 34D .0106 - TRANSFER OF TRUST PRENEED CONTRACTS TO ANOTHER JURISDICTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to revoke a preneed funeral
				  contract under
				  G.S.
				  90-210.65(e)(1), the preneed
				  contract purchaser, or after the death of the preneed contract purchaser, the
				  preneed contract beneficiary or his or her legal representative, shall submit a
				  written request to the Board. The request shall contain a written request to
				  transfer the contract; the domicile of the preneed contract beneficiary at the
				  time of the request; the mailing address of the requesting party, if different
				  from the domicile of the preneed contract beneficiary; and a copy of the new
				  preneed contract executed under the laws of the state of the preneed contract
				  beneficiary's domicile.
(b) Upon
				  finding that the contract may be revoked under
				  G.S.
				  90-210.65(e)(1), the Board
				  shall order the contract revoked and the funds be transferred to the succeeding
				  funeral establishment under
				  G.S.
				  90-210.63. A copy of the Board's order shall
				  be served on the preneed contract beneficiary, the contracting funeral
				  establishment, and the financial institution or insurance company holding the
				  preneed funeral funds.
Authority
					 G.S.
					 90-210.65(e)(1);
					 90-210.69(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 D - PRENEED FUNERAL CONTRACTS › Section .0200 - LICENSING › Section 34D .0201 - PRENEED FUNERAL ESTABLISHMENT LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A funeral
				  establishment wishing to apply for a preneed funeral establishment license
				  shall complete a form provided by the Board. The applicant shall submit, in
				  addition to the information required by
				  G.S.
				  90-210.67, the following information:
(1) its funeral establishment permit number
				  issued pursuant to
				  G.S.
				  90-210.25(d);
(2) type of business entity;
(3) whether it is authorized to transact
				  business in North Carolina;
(4)
				  whether it is solvent;
(5) whether
				  there exist unsatisfied civil judgments against the applicant and copies of
				  any;
(6) whether the applicant or
				  any of its principals has been denied a license to engage in an occupation or
				  had a license suspended, revoked or placed on probation;
(7) whether any principal has been convicted
				  of a crime involving fraud or moral turpitude;
(8) for all applicants required to maintain a
				  surety bond, evidence that the bond is in effect at the time of application;
				  and
(9) any other information
				  deemed necessary by the Board and required by law.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0200 - LICENSING › Section 34D .0202 - PRENEED SALES LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Individuals who
				  hold either an active funeral director's license or an active funeral service
				  license issued by the Board and who have taken three or more hours of
				  continuing education on preneed statutes and rules taught by Board staff within
				  the preceding three calendar years are eligible for initial licensure as a
				  preneed sales license upon application by a funeral establishment holding an
				  active preneed establishment permit, as set forth in Paragraph (d) of this
				  Rule.
(b) Only individuals who hold
				  an active preneed sales license issued by the Board or resident trainees in
				  funeral service or funeral directing registered with the Board as allowed by
				  21 NCAC
				  34B .0103 are permitted to engage in the
				  following preneed funeral planning activities:
(1) discuss with consumers written materials,
				  including price lists and photographs, descriptive of the funeral services,
				  funeral merchandise, the preneed funeral plan, or funeral contract being
				  offered;
(2) explain the various
				  types of funeral ceremonies and services and the qualities and characteristics
				  of various kinds of funeral merchandise;
(3) sell, on a preneed basis, funeral
				  services and merchandise;
(4)
				  record, on any form or otherwise, specific items of funeral services and
				  merchandise selected on a preneed basis;
(5) make funeral arrangements on a preneed
				  basis; and
(6) sign preneed
				  contracts; provided, however, that the resident trainee and his or her licensed
				  supervisor comply with
				  21 NCAC
				  34B .0103(e) when doing
				  so.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0200 - LICENSING › Section 34D .0203 - SURETY BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any applicant
				  for a new preneed funeral establishment license or any preneed licensee
				  required to maintain a surety bond under
				  G.S.
				  90-210.67(b) shall submit a
				  copy of the bond with its initial application and with each renewal
				  application. The bond shall cover all insurance premiums paid under a preneed
				  insurance policy and all trust payments under a preneed funeral trust. The bond
				  shall name the Board as trustee and shall be issued by a bonding company
				  licensed to do business in this State. The Board shall recognize all surety
				  bond forms approved by the N.C. Department of Insurance.
(b) Any preneed establishment licensee
				  required to obtain a bond may petition the Board to repeal the requirement one
				  year after obtaining the bond. The preneed establishment licensee shall
				  establish that the firm is solvent. For purposes of this paragraph, solvency
				  shall be defined as assets in excess of liabilities; provided, however, that
				  goodwill shall not be considered an asset and that unperformed preneed funeral
				  contracts shall be treated as both an asset and a liability of equal value. A
				  preneed establishment may demonstrate solvency by submitting a balance sheet
				  prepared by a certified public accountant that is no more than 90 days old or
				  through other financial evidence generally recognized as valid by certified
				  public accountants.
(c) All
				  petitions must be filed on a form provided by the Board. The petition form
				  shall be verified before a notary public by the owner, a corporate officer,
				  partner, or member of the limited liability company owning the preneed
				  establishment and shall require the petitioner to furnish the following
				  information:
(1) the name of the preneed
				  establishment;
(2) certifications
				  that the firm is solvent, has no unsatisfied civil judgments against it, and
				  has not paid a claim on the bond; and
(3) any other information that the Board
				  deems necessary to determine solvency or to process the petition and that is
				  required by law.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0300 - OPERATIONS › Section 34D .0301 - RECORD AND BOOKKEEPING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  preneed funeral establishment licensee shall maintain a file containing:
(1) a copy of each of its license
				  applications, including applications for license renewals;
(2) copies of all preneed examination
				  reports; and
(3) copies of all
				  annual reports to the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0300 - OPERATIONS › Section 34D .0302 - ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
Each preneed funeral establishment licensee shall file an
					 annual report with the Board. The report shall include the following:
(1) the total number of standard and
				  inflation-proof trust-funded and insurance-funded preneed funeral contracts
				  maintained by the licensee;
(2) the
				  number of contracts sold in the reporting period;
(3) the number of contracts that expired,
				  including contracts performed, revoked and transferred, in the reporting
				  period;
(4) the total year-end
				  balance of all preneed trust accounts maintained at each financial
				  institution;
(5) the total year-end
				  balance of all insurance-funded preneed contracts written with each insurance
				  company;
(6) for each preneed
				  contract sold, whether the preneed contract is active, performed, cancelled, or
				  lapsed; and
(7) for each active
				  preneed contract, the current insurance policy value or trust account balance.
The annual report shall be certified as correct by the
					 location manager registered under
					 G.S.
					 90-210.25(d)(2)a. or by a
					 corporate officer of the preneed establishment licensee. The annual report
					 shall be filed not later than March 31 each year by each firm holding a preneed
					 establishment license at any time during the preceding year ending December
					 31.
Authority
					 G.S.
					 90-210.69(a);
					 90-210.68(a);
Eff. May 1, 1993;
Amended Eff. September 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. August 19, 2017;
Amended Eff.
					 October 1, 2021.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0300 - OPERATIONS › Section 34D .0303 - CERTIFICATE OF PERFORMANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  certificate of performance as required by
				  G.S.
				  90-210.64(a) shall be a form
				  provided by the Board and shall require the following information: the names,
				  addresses and preneed funeral establishment license numbers of the performing
				  funeral establishment and the contracting funeral establishment; the name of
				  the deceased beneficiary of the preneed funeral contract; the date of death and
				  the county where the death certificate was or will be filed; the invoice
				  amount; certification that the contract was or was not performed in whole or in
				  part; the name and address of the financial institution where the preneed trust
				  funds are deposited and the trust account or certificate number; the name and
				  address of the insurance company that issued the prearrangement insurance
				  policy and the policy number; and the amount and the date of the payment by the
				  financial institution or insurance company and to whom paid.
(b) The form shall be completed by each
				  funeral establishment performing any services or providing any merchandise
				  pursuant to the preneed funeral contract, or, if none are performed or
				  provided, by the contracting funeral establishment. The form shall be presented
				  to the financial institution or insurance company for payment. Within 10 days
				  following its receipt of payment, any funeral establishment that is required to
				  complete the form shall file a copy with the Board.
Authority
					 G.S.
					 90-210.64(a);
					 90-210.68;
					 90-210.69(a);
Eff. May 1, 1993;
Amended Eff. February 1, 2009; November 1, 2004;
					 August 1, 1998; November 1, 1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0300 - OPERATIONS › Section 34D .0304 - TRANSFER OF TRUST FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
When, pursuant to
					 G.S.
					 90-210.68(b), a preneed
					 licensee directs a transfer of preneed funds to a substitute financial
					 institution, the financial institution which is a party to the preneed funeral
					 contract shall make the transfer directly and solely to the substitute
					 financial institution and not mediately to the preneed licensee. The
					 notification to the Board as required by
					 G.S.
					 90-210.68(b) shall be made
					 on a form provided by the Board, which shall indicate the transfer of the funds
					 by the financial institution and their acceptance by the substitute financial
					 institution and the agreement of the substitute financial institution to be
					 bound by the preneed funeral contract and, if the contract is revocable,
					 certification that the licensee has notified the purchaser of the intended
					 transfer.
Authority
					 G.S.
					 90-210.69(a);
					 90-210.68(b);
Eff. May 1, 1993;
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 D - PRENEED FUNERAL CONTRACTS › Section .0400 - PRENEED RECOVERY FUND › Section 34D .0401 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of this section, the following definitions
					 shall apply:
(1) "Fund" shall mean the
				  preneed recovery fund as established by
				  G.S.
				  90-210.66.
(2) "Applicant" shall mean a person who has
				  suffered a reimbursable loss pursuant to
				  G.S.
				  90-210.66.
(3) "Reimbursable losses" are only those
				  losses of money which meet the requirements of
				  G.S.
				  90-210.66 and in which, as determined by the
				  Board, the applicant has exhausted all viable means to collect the applicant's
				  losses and has complied with this section. Reimbursable losses shall not
				  include losses of spouses, children, parents, grandparents, siblings, partners,
				  associates, employers and employees of the person or business entity causing
				  the losses.
Authority
					 G.S.
					 90-210.69(a);
					 90-210.66(c), (d), (f),
					 (g);
Eff. May 1,
					 1993;
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 D - PRENEED FUNERAL CONTRACTS › Section .0400 - PRENEED RECOVERY FUND › Section 34D .0402 - APPLICATION FOR REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Board shall furnish a form of application for reimbursement which shall
				  require the following information:
(1) The
				  name and address of the applicant.
(2) The name and address of the licensee
				  under G.S. 90, Article 13D, who caused the alleged loss.
(3) The amount of the alleged loss for which
				  application for reimbursement is made.
(4) A copy of any preneed funeral contract
				  which was the basis of the alleged loss.
(5) The date or period of time during which
				  the loss was incurred.
(6) A
				  statement of facts relative to the application.
(7) All supporting documents, including
				  copies of court proceedings and other papers indicating the efforts of the
				  applicant to obtain reimbursement from the licensee, insurance companies or
				  others.
(8) A documentation of any
				  receipt of funds in partial payment of the loss.
(9) Any other information the Board deems
				  necessary as required by law.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0400 - PRENEED RECOVERY FUND › Section 34D .0403 - PROCESSING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board in
				  making investigation of all applications filed for reimbursement from the
				  preneed recovery fund may require the attendance of and examine under oath all
				  persons, including the alleged defalcating licensee, whose testimony it may
				  require. A determination of the application shall be made by a majority vote of
				  those present at a Board meeting at which a quorum is present. The Board may
				  afford the applicant a reconsideration of the application; otherwise, a
				  rejection is final, and no further consideration shall be given by the Board to
				  the application or to another application based upon the same alleged
				  facts.
(b) The Board shall
				  determine the amount of loss, if any, for which the applicant shall be
				  reimbursed from the fund. In making such determination, the Board's
				  considerations shall include:
(1) The
				  negligence, if any, of the applicant which contributed to the loss.
(2) The hardship which the applicant suffered
				  because of the loss.
(3) The total
				  amount of reimbursable losses of applicants on account of any one licensee or
				  association of licensees.
(4) The
				  total amount of previous reimbursable losses for which total reimbursement has
				  not been made and the total assets of the fund.
(5) The total amount of insurance available
				  to compensate the applicant for the loss.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 34 - FUNERAL SERVICE › Subchapter D - PRENEED FUNERAL CONTRACTS › Section .0400 - PRENEED RECOVERY FUND › Section 34D .0404 - SUBROGATION

Current through Register Vol. 39, No. 2, July 15, 2024
In pursuing a subrogation claim as authorized by
					 G.S.
					 90-210.66(h), the Board may
					 require the reimbursed applicant to execute a subrogation agreement, providing
					 for, among other things, that the action may be brought in the name of the
					 applicant. Upon commencement of an action by the Board pursuant to its
					 subrogation rights, it shall notify the reimbursed applicant at his or her last
					 known address in order that the applicant may join in the action if desired.
					 Any amounts recovered by the Board in excess of the amount to which the fund is
					 subrogated, less the Board's actual costs of recovery, shall be paid to or
					 retained by the reimbursed applicant as the case may be.
Authority
					 G.S.
					 90-210.69(a);
					 90-210.66(d);
Eff. May 1, 1993;
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 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0101 - REPEALED - LOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.23(b)(3);
Eff. February 1, 1976;
Amended Eff. January 1, 1984;
Repealed Eff. January 1, 1986.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0102 - REPEALED - FUNCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.23(b)
Eff. February 1, 1976;
Amended Eff. January 1, 1983;
Repealed Eff. April 1, 1989.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0103 - REPEALED - ORGANIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-159(2);
				  90-162;
Eff. February
				  1, 1976;
Repealed Eff. January 1,
				  1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0104-.0107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.22;
				  90-171.23(b)(3),(4),(14);
				  90-171.24;
Eff.
				  February 1, 1976;
Amended Eff. November 1, 1984; January 1, 1984;
				  January 1, 1983;
Repealed Eff. January 1,
				  1986.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0108 - REPEALED - PROCEDURE FOR ADOPTION OF RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-162;
Eff. February 1,
				  1976;
Repealed Eff. January 1,
				  1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0109 - SELECTION AND QUALIFICATIONS OF NURSE MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Vacancies
				in nurse member positions on the Board that are scheduled to occur during the
				next year shall be announced in the last issue of the Board's "Bulletin" for
				the calendar year, which shall be posted on the Board's website at
				www.ncbon.com. The "Bulletin" and Board's website at www.ncbon.com shall
				include a petition form for nominating a nurse to the Board and information on
				filing the petition with the Board.
(b) Each petition shall be checked with the
				records of the Board to validate that the candidate and each petitioner holds
				an active unencumbered North Carolina license to practice nursing. If the
				candidate does not hold an active unencumbered license, the petition shall be
				declared invalid. If any petitioners do not hold an active unencumbered
				licenses, and this decreases the number of petitioners to fewer than 10, the
				petition shall be declared invalid.
(c) In a format provided by the Board, each
				candidate shall submit a packet with the following information:
(1) indicate the category of Board member
				position for which the candidate is seeking election;
(2) attest to meeting the qualifications
				specified in
				G.S.
				90-171.21(d);
(3) provide permission to be listed on the
				slate; and
(4) complete the
				Application for Boards and Commissions in accordance with Executive Order 55
				Enhanced Disclosures from Applicants to Boards and Commissions.
The candidate packet shall be received by the Board on or
				  before April 15 by electronic submission, mailed copy with postmarked envelope,
				  or in-person received by Board staff during normal business hours.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0110 - EXPIRED - OPEN MEETINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.23(a);
				  143-318.10;
Eff.
				  January 1, 1983;
Amended Eff. May 1, 1988; July 1,
				  1984;
Expired Eff. February 1, 2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0111 - REPEALED - REMOVAL OF BOARD MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.21(f);
Eff. January 1, 1983;
Repealed Eff. January 1,
				  1986.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0112 - DETERMINATION OF VACANCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				Board member, with the exception of the At-Large Registered Nurse, shall notify
				the Executive Director immediately upon change of employment.
(b) Licensed nurse members of the Board, with
				the exception of the At-Large Registered Nurse, who cease to meet the
				employment criteria as defined in
				G.S.
				90-171.21(d) and Rule .0109
				Paragraphs (d) and (e) of this Section shall have 60 days to resume employment
				that meets the the criteria. If employment criteria for the specified area are
				not met within 60 days, the seat shall be declared vacant; provided, however,
				that if such a change in employment for the specified category of Board member
				occurs within 18 months of the end of the member's term, such member may
				continue to serve until the end of the term.
(c) If at any time a registered nurse member,
				with the exception of the At-Large Registered Nurse, no longer meets the
				eligibility requirements listed in
				G.S.
				90-171.21(d)(1)(a) and (a1),
				such member shall no longer continue to serve and the position shall be
				declared vacant.
(d) If at any time
				a licensed practical nurse member no longer meets the eligibility requirements
				listed in G.S. 90-171.21(d)(2)(a) and
				(a1), such member shall no longer continue to
				serve and the position shall be declared vacant.
Authority
				  G.S.
				  90-171.21(c);
				  90-171.23(b);
Eff. May 1, 1988;
Amended Eff. November 1, 2008; January 1, 2004;
				  August 1, 2002; March 1, 1990; May 1, 1989;
Readopted Eff. January
				  1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0113 - DETERMINATION OF QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				For purposes of
				G.S.
				90-171.21 and Rule .0109(d) and (e) of this
				Section, the Board shall consider the following factors in determining whether
				a candidate is qualified to run for election:
(1) whether the licensee is presently
				employed equal to or greater than 50% of a full-time position in the applicable
				practice area;
(2) whether the
				licensee has been employed equal to or greater than 50% of a full-time position
				in the applicable practice area for the preceding three years;
(3) the duration of any periods of
				interruption of employment in the applicable practice area during the preceding
				three years and the reasons for such interruptions;
(4) job descriptions, contracts, and any
				other relevant evidence concerning the time, effort, and education devoted to
				the applicable practice area; and
(5) whether engagement in the applicable
				practice area is or has been for compensation, and whether income derived
				therefrom meets the eligibility requirements for the applicable practice
				area.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0119 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event the Board's authority to expend funds is
				  suspended pursuant to
				  G.S.
				  93B-2(d) the board shall
				  continue to issue and renew licenses and all fees tendered shall be placed in
				  an escrow account maintained by the Board for this purpose. Once the Board's
				  authority is restored, the funds shall be moved from the escrow account into
				  the general operating account.
Authority
				  G.S.
				  93B-2;
Eff. December 1,
				  2010;
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 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0121 - PETITIONING FOR RULEMAKING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person wishing to submit a petition to the Board requesting the adoption,
				amendment, or repeal of a rule shall file the petition with the Board's chief
				executive officer. Petitions shall be mailed to the Board at Post Office Box
				2129, Raleigh, NC 27602-2129.
(b)
				The petition shall contain the following information:
(1) a proposed draft of the rule to be
				adopted, amended, or a citation to the rule to be repealed;
(2) a statement of the reason for the
				proposal including statutory authority;
(3) effect of the proposed rule change on the
				practice of nursing;
(4) any data
				supporting the proposal including cost factors; and
(5) name, address, and telephone number of
				each petitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0100 - GENERAL PROVISIONS › Section 36 .0122 - PETITIONS FOR DECLARATORY RULINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				requests for declaratory rulings shall be written and mailed to the Board at
				Post Office Box 2129, Raleigh, NC 27602-2129. The envelope containing the
				request shall bear the notation: "REQUEST FOR DECLARATORY RULING."
(b) Each Request for Declaratory Ruling shall
				include the following information:
(1) the
				name and address of the person requesting the ruling;
(2) the statute or rule to which the request
				relates;
(3) a statement of the
				manner in which the requesting person is affected by the statute or rule or its
				potential application to that person; and
(4) a statement whether an oral hearing is
				desired and, if so, the reason.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0201 - BIENNAL RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each registered
				nurse or licensed practical nurse shall biennially renew their license with the
				Board no later than the last day of the applicant's birth month by:
(1) submitting a completed application for
				renewal, stating that the information on the application is true and complete,
				and authorizing the release to the Board of all information pertaining to the
				application. Applications for renewal are posted on the Board's website at
				www.ncbon.com;
(2) attesting to
				completion of continuing competence requirements and submitting evidence of
				completion if requested by the Board, as specified in Rule .0232(b) of this
				Section; and
(3) submitting the fee
				for licensure renewal, as established in
				G.S.
				90-171.27(b).
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0202 - INACTIVE AND RETIRED STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				who submits a request for inactive status shall be granted such status by the
				Board if the licensee:
(1) holds an active
				unencumbered license issued by the Board; and
(2) is not currently the subject of an
				investigation by the Board for possible violation of the Nursing Practice Act
				or rules promulgated thereunder.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0203 - REINSTATEMENT OF EXPIRED LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				applicant whose license has expired and who desires reinstatement of that
				license shall:
(1) submit a completed
				application for reinstatement, stating that the information on the application
				is true and complete and authorizing the release to the Board of all
				information pertaining to the application. The Application for Reinstatement is
				posted on the Board's website at www.ncbon.com;
(2) have an unencumbered license in all
				jurisdictions in which a license is or has ever been held;
(3) attest to having completed continuing
				competence requirements and submit evidence of completion if requested by the
				Board, as specified in Rule .0232(b) of this Section;
(4) have no pending court conditions as a
				result of any misdemeanor or felony convictions. An Applicant shall provide a
				written explanation and all investigative reports or court documents evidencing
				the circumstances of the crime(s) if requested by the Board. The Board shall
				use these documents when determining if a license should be denied pursuant to
				G.S.
				90-171.48 and
				G.S.
				90-171.37;
(5) submit such other evidence that the Board
				may require according to these rules to determine whether the license should be
				reinstated;
(6) complete a criminal
				background check after license has been expired for 30 calendar days in
				accordance with
				G.S.
				90-171.48;
(7) self-certify that the applicant is of
				mental and physical health necessary to competently practice nursing;
				and
(8) submit the reinstatement
				fee, as established in
				G.S.
				90-171.27(b).
In the event any of the above-required information indicates
				  a concern about the applicant's qualifications, an applicant may be required to
				  appear in person for an interview with the Board if more information is needed
				  to evaluate the application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0204-.0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171;
Eff. February 1,
				  1976;
Repealed Eff. May 1, 1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0207 - VERIFICATION TO ANOTHER STATE

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall verify the licensure of a licensee to another
				  state or country upon receipt of a request from the licensee or another board
				  of nursing that is accompanied by information properly identifying the licensee
				  and by the appropriate fee.
Authority
				  G.S.
				  90-171.23(b)(3);
				  90-171.27(b);
Eff. February 1, 1976;
Amended Eff. April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. January 9, 2018;
Amended Eff.
				  January 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0208 - CHANGE OF NAME AND CONTACT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the
				event of a name or address change, the licensee shall submit a request in their
				Gateway account through the Board's website at www.ncbon.com and provide
				evidence of name or address change. A licensee may provide evidence such as the
				following:
(1) marriage
				certificate;
(2) voter registration
				card;
(3) Social Security
				card;
(4) divorce document
				reflecting name change;
(5)
				passport;
(6) change of name
				certificate as issued by a court;
(7) immigration document; and
(8) driver's license.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0209 - EXPIRED - DUPLICATE CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.23(b)(3);
				  90-171.27(b);
Eff. February 1, 1976;
Amended Eff. January 1, 1996; October 1,
				  1989; May 1, 1982;
Expired Eff. February 1, 2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0210 - REPEALED - RESUMPTION OF PREVIOUS NAME

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-162;
Eff. February 1,
				  1976;
Repealed Eff. May 1, 1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0211 - LICENSURE BY EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be
				eligible for licensure by examination, an applicant shall:
(1) submit a completed application for
				licensure, attesting under oath or affirmation that the information on the
				application is true and complete and authorizing the release to the Board of
				all information pertaining to the application. Application for Examination is
				posted on the Board's website at www.ncbon.com;
(2) submit the licensure application fee as
				established in
				G.S.
				90-171.27(b);
(3) have an unencumbered license in all
				jurisdictions in which a license is or has ever been held;
(4) have no pending court conditions as a
				result of any misdemeanor or felony convictions. The applicant shall provide a
				written explanation and all investigative reports or court documents evidencing
				the circumstances of the crimes if requested by the Board. The Board shall use
				these documents when determining if a license should be denied pursuant to
				G.S.
				90-171.48 and
				G.S.
				90-171.37;
(5) submit a written explanation and all
				related documents if the nurse has ever been listed as a nurse aide and if
				there have ever been any substantiated findings pursuant to
				G.S.
				131E-255. The Board may take these findings
				into consideration when determining if a license should be denied pursuant to
				G.S.
				90-171.37. In the event findings are pending,
				the Board may withhold taking any action until the investigation is completed;
				and
(6) complete a criminal
				background check in accordance with
				G.S.
				90-171.48;
(7) apply to take and pass the National
				Council Licensure Examination (NCLEXT).
In the event any of the above required information indicates
				  a concern about the applicant's qualifications, an applicant may be required to
				  appear in person for an interview with the Board if the Board determines in its
				  discretion that more information is needed to evaluate the application.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0212 - REPEALED - SPECIFIC REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-168 through
				  90-170;
Eff. February
				  1, 1976;
Repealed Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0213 - REEXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
An applicant who fails an examination and is eligible to
				  retake a subsequent examination shall submit a completed Board application, a
				  completed testing service registration form, and related fees. The applicant
				  shall be eligible to retake the examination by NCSBN, pursuant to
				  21 NCAC
				  36 .0211. NCSBN list is incorporated by
				  reference including subsequent amendments and editions and available at no cost
				  at www.ncsbn.org.
Authority
				  G.S.
				  90-171.31;
				  90-171.33;
				  90-171.38;
Eff.
				  February 1, 1976;
Temporary Amendment Eff. June 26, 1985, for a
				  period of 120 days to expire on October 23, 1985;
Amended Eff.
				  August 1, 2000; July 1, 1994; February 1, 1994; October 1, 1989; May 1,
				  1989;
Readopted Eff. January 1,
				  2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0214-.0215

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-162;
				  90-170;
				  90-171;
Eff. February
				  1, 1976;
Repealed Eff. May 1,
				  1982.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0216 - EXPIRED - CENSUS OF NURSING PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.23(b);
				  90-171.43;
				  90-171.44(3)(5);
Eff. February 1, 1976;
Amended Eff. January 1, 1996; April 1, 1989;
				  January 1, 1984;
Expired Eff. February 1, 2018 pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0219 - TEMPORARY LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				issue a non-renewable temporary license to individuals who have filed a
				completed application for licensure by endorsement with correct fee and
				provided validation of an active unencumbered license in another jurisdiction.
				If an applicant indicates prior court convictions or disciplinary actions in
				another jurisdiction, eligibility for a temporary license shall be determined
				after review of relevant documents.
(b) The temporary license shall be subject to
				the provisions of
				G.S.
				90-171.37.
(c) The following shall apply to
				non-renewable temporary licenses:
(1) A
				non-renewable temporary license shall expire on the lesser of six months or the
				date a full license is issued or if it is determined that the applicant is not
				qualified to practice nursing in North Carolina.
(2) Temporary license shall authorize a
				holder to practice nursing in the same manner as a fully licensed registered
				nurse or licensed practical nurse, as applicable.
(3) A holder of a valid temporary license
				shall identify himself or herself as a Registered Nurse Petitioner (R.N.P.) or
				a Licensed Practical Nurse Petitioner (L.P.N.P.), as applicable after
				signatures on records.
(4) Upon
				expiration or revocation of the temporary license, the individual shall be
				ineligible to practice nursing as described in Subparagraph (b)(2) of this
				Rule.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0220 - REFRESHER COURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A refresher
				course shall be designed for those individuals, previously licensed, who are
				not eligible for re-entry into nursing practice because their license has
				expired for five or more years.
(b)
				Satisfactory completion of a Board-approved refresher course shall be required
				of the individual who has not held an active license in any jurisdiction for
				five or more years and requests:
(1)
				reactivation of an inactive license;
(2) reinstatement of an expired license;
				or
(3) endorsement to North
				Carolina.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0221 - LICENSE REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No cap, pin,
				uniform, insignia, or title shall be used to represent to the public that an
				unlicensed person is a registered nurse or a licensed practical nurse as
				defined in
				G.S.
				90-171.43.
(b) The repetitive performance of a common
				task or procedure that does not require the professional judgment of a
				registered nurse or licensed practical nurse shall not be considered the
				practice of nursing for which a license is required. Tasks that may be
				delegated to a Nurse Aide I and a Nurse Aide II shall be established by the
				Board pursuant to
				21 NCAC
				36 .0403. Tasks may be delegated to an
				unlicensed person that:
(1) frequently recur
				in the daily care of a client or group of clients;
(2) are performed according to an established
				sequence of steps;
(3) involve
				little or no modification from one client-care situation to another;
(4) may be performed with a predictable
				outcome; and
(5) do not inherently
				involve ongoing assessment, interpretation, or decision-making that cannot be
				logically separated from the tasks themselves.
Client-care services that do not meet all of these criteria
				  shall be performed by a licensed nurse.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0222 - REPEALED - COMPONENTS OF NURSING PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-171.20(7),(8);
				  90-171.23(b);
Eff. January 1, 1984;
Amended Eff. June 1, 1989; July 1,
				  1984;
Repealed Eff. January 1,
				  1991.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0223 - CONTINUING EDUCATION PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Definitions.
(1) Continuing education in
				nursing means a planned, organized learning experience, taken after completion
				of a basic nursing program, that prepares a nurse to perform advanced skills.
				Types of learning experiences that may be considered continuing education as
				defined in Subparagraph (a)(3) of this Rule include:
(A) a non-degree oriented program;
(B) courses or components of courses in an
				academic degree-oriented program; or
(C) an advanced academic degree-granting
				program that prepares a registered nurse for advanced practice as a clinical
				nurse specialist, nurse anesthetist, nurse midwife, or nurse
				practitioner.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0224 - COMPONENTS OF NURSING PRACTICE FOR THE REGISTERED NURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The responsibilities that a registered nurse can safely accept shall be
				determined by such practice setting variables as:
(1) the nurse's qualifications, including:
(A) basic educational preparation;
				and
(B) knowledge and skills
				subsequently acquired through continuing education and practice;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 36 - NURSING › Section .0200 - LICENSURE › Section 36 .0225 - COMPONENTS OF NURSING PRACTICE FOR THE LICENSED PRACTICAL NURSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensed practical nurse shall accept
				only those assigned nursing activities and responsibilities, as defined in
				Paragraphs (b) through (i) of this Rule, that the licensee can safely perform,
				as determined by practice setting variables such as:
(1) the nurse's qualifications in relation to
				client need and plan of nursing care, including:
(A) basic educational preparation;
				and
(B) knowledge and skills
				subsequently acquired through continuing education and practice;