reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0503 - COMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The substance
				use disorder professional shall employ their knowledge, skill and proficiencies
				within their scope of practice.
(b)
				The substance use disorder professional shall respect cultural and ethnic
				values in order to provide the highest level of care for a client who possesses
				a diverse or unfamiliar cultural or ethnic background.
(c) The substance use disorder professional
				shall provide the interpretive services to any client or refer the person for
				services.
(d) The substance use
				disorder professional shall assist in eliminating prevention, intervention,
				treatment, and supervision practices by persons unqualified or unauthorized to
				practice in the field.
(e) The
				substance use disorder professional who knows of unethical conduct, as defined
				by the rules of this Chapter, by a substance use disorder professional shall
				report such violations to the Board.
(f) The substance use disorder professional
				shall recognize boundaries and limitations of his or her competencies and not
				offer services or use techniques outside of his or her professional
				competencies and scope of practice.
(g) The substance use disorder professional
				who identifies a need for services outside his or her skill, training or
				experience shall refer the client to an appropriate professional or shall seek
				supervision and training to provide the required services for the
				individual.
(h) The substance use
				disorder professional shall complete reports and record keeping functions in a
				manner that supports the client's treatment experience and welfare.
(i) The substance use disorder professional
				shall recognize the negative impact impairment has on his or her functioning in
				public and professional performance and shall report the impairment to the
				Board for investigation and review, which may result in disciplinary or
				non-disciplinary action.
Authority
				  G.S.
				  90-113.30;
				  90-113.36;
				  90-113.39;
				  90-113.40;
				  90-113.43;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. January 1, 2010; April 1, 2001; August 1,
				  2000;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0504 - LEGAL STANDARDS AND ETHICAL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				substance use disorder professional shall not claim or imply educational,
				experiential, or professional qualifications or affiliations that the substance
				use disorder professional does not possess.
(b) The substance use disorder professional
				shall not use membership on the Board for purposes that are not consistent with
				the rules of this Chapter. No Board member shall advertise, promise, or provide
				special treatment to any individual because of membership on the Board or its
				committees.
(c) The substance use
				disorder professional shall not lend his or her name to or participate in any
				professional or business relationship that may knowingly mislead the
				public.
(d) The substance use
				disorder professional shall follow all state and federal laws on research with
				human subjects when he or she engages in such research.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.43;
				  90-113.44;
				  90-113.45;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. January 1, 2010; April 1, 2001;
Readopted Eff. October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0505 - EDUCATION AND TRAINING STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				substance use disorder professional shall be prepared to provide the source for
				any materials or techniques used when making either public statements or
				providing education and training.
(b) The substance use disorder professional
				shall not knowingly make false, deceptive, or fraudulent statements concerning
				their services, fees, clinical research, or degree of success of their
				professional services.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. January 1, 2010; April 1, 2001;
Readopted Eff. October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0506 - PUBLICATION CREDIT

Current through Register Vol. 39, No. 2, July 15, 2024
The substance use disorder professional shall assign credit
				  to all who have contributed to the published material and for the work upon
				  which the publication is based.
(1)
				The substance use disorder professional shall recognize joint authorship
				contributions made by several persons to a common project. The author who has
				made the principal contribution to a publication shall be identified as a first
				listed.
(2) The substance use
				disorder professional shall acknowledge, through specific citations,
				unpublished, as well as published material, that has influenced the research or
				writing.
(3) The substance use
				disorder professional who compiles and edits for publication the contributions
				of others shall list oneself as editor, along with the names of those others
				who have contributed.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0507 - CLIENT WELFARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The substance
				use disorder professional shall protect the safety and welfare of the
				client.
(b) The substance use
				disorder professional shall inform clients of the nature and direction of
				loyalties and responsibilities and keep all parties participating in the
				client's care informed of these commitments.
(c) The substance use disorder professional,
				in the presence of professional conflict, shall be concerned primarily with the
				welfare of the client.
(d) The
				substance use disorder professional shall withdraw services only after giving
				consideration to all factors in the situation and taking care to minimize
				adverse actual or possible effects.
(e) The substance use disorder professional
				shall, after minimizing any adverse impact, end a counseling or consulting
				relationship when the professional knows or should know that the client is not
				benefiting from services.
(f) The
				substance use disorder professional who anticipates the cessation or
				interruption of service to a client shall notify the client and seek the
				cessation, transfer, referral, or continuation of service in relation to the
				client's needs and preferences.
(g)
				The substance use disorder professional shall not use a client in a
				demonstration that would violate the confidentiality of the client.
(h) The substance use disorder professional
				shall deliver services in a setting that respects client
				confidentiality.
(i) The substance
				use disorder professional shall collaborate with other health care
				professionals providing treatment or support services to a client.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.39;
				  90-113.40;
				  90-113.43;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. January 1, 2010; April 1, 2001; August 1,
				  2000;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0508 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The substance
				use disorder professional shall protect the privacy of current and former
				clients and shall not disclose confidential information without prior
				consent.
(b) The substance use
				disorder professional shall inform the client and obtain written permission for
				the use of interview material for training purposes and observation of an
				interview.
(c) The substance use
				disorder professional shall make provisions for the maintenance of
				confidentiality and the ultimate disposition of confidential records.
(d) The substance use disorder professional
				shall disclose confidential information only in accordance with state
				confidentiality rules found in
				10A NCAC
				26B and in 42 CFR Part 2.
(e) With prior written consent the substance
				use disorder professional shall discuss the information obtained in a clinical
				or consulting relationship only in a professional setting and only for a
				professional purpose concerned with the case. Written and oral reports shall
				present only data germane to the purpose of the evaluation.
(f) The substance use disorder professional
				shall use material in classroom teaching and writing only when the identity of
				the person involved is disguised to prevent disclosure or documented permission
				is given by the party or the information is in the public domain.
Authority
				  G.S.
				  90-113.30;
				  90-113.43;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. January 1, 2010; April 1, 2001;
Readopted Eff. October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0510 - INTERPROFESSIONAL RELATIONSHIPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				substance use disorder professional shall treat colleagues with respect,
				courtesy, and fairness and shall afford the same professional courtesy to other
				professionals.
(b) The substance
				use disorder professional shall not offer professional services to a client in
				counseling or consulting with another professional except with the knowledge of
				the other professional or after the termination of the client's relationship
				with the other professional.
(c)
				The substance use disorder professional shall cooperate with the committees of
				the board and supply requested information unless prohibited by law.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. April 1, 2001;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0500 - ETHICAL PRINCIPLES OF CONDUCT FOR THE SUBSTANCE USE DISORDER PROFESSIONAL › Section 68 .0511 - REMUNERATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The substance
				use disorder professional shall establish financial arrangements to protect
				against fraud and deceptive business practices in professional practice and in
				accord with the best interests of the client or person served, the
				professional, and of the profession.
(b) The substance use disorder professional
				shall not send or receive any commission, rebate, or any other form of
				remuneration for referral of a client or a person served for professional
				services.
(c) The substance use
				disorder professional shall not accept a private fee or any other gift or
				gratuity having a cumulative value of twenty-five dollars ($25.00) or more for
				professional work with a person who is receiving such services with the
				professional or through the professional's institution or agency.
(d) The substance use disorder professional
				shall make available written policies and procedures available to their clients
				or persons serviced. The substance use disorder professional shall present
				referral options to the client or person served if available.
(e) A substance use disorder professional
				shall not use their employer's organization to solicit clients or persons
				served for one's private practice without written authorization from the
				employer.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. February 1, 2010; April 1, 2001; August 1,
				  2000;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0601 - GROUNDS FOR PROFESSIONAL DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
The following are grounds for discipline:
(1) fraud or misrepresentation in procuring
				or maintaining a credential:
(a) acting as to
				practice, attempt to practice, or to supervise others while representing
				oneself to be a credentialed substance use disorder professional without being
				duly credentialed;
(b) falsely
				representing material fact to procure or maintain a credential, whether by word
				or conduct;
(c) concealing
				requested information contained in the application;
(d) attempting to file or filing any false or
				forged diploma, certificate, affidavit, transcript, identification or
				qualification;
(e) submitting
				material which is not the work product of the applicant;
(f) knowlingly assisting another to procure
				or maintain their credential on the basis of fraud; or
(g) assisting any uncredentialed person to
				practice as a credentialed substance use disorder professional in violation of
				this code.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0602 - COMPLAINT PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Initiation. Any
				individual with personal knowledge that any person has violated the code of
				ethics, any other rules of the Board, or G.S. 90, Article 5C may file a
				complaint against the substance use disorder professional by submitting a
				complaint through the Ethics Complaint Form found on the Board's
				website.
(b) Form. The complaint
				shall be in written or typed format stating the nature of the alleged offense
				and signed or attested to be true by the complainant. The complaint shall
				include:
(1) the name, address, and telephone
				number of the complainant;
(2) the
				name and address of the person against whom the complaint is made;
				and
(3) a statement of the facts
				that describes the allegations against the person.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0603 - INVESTIGATION OF COMPLAINT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				Ethics Committee chairperson, in consultation with the executive director or
				their designee and legal counsel, shall investigate the allegations in the
				complaint. The chairperson may appoint any person(s) or name a subcommittee to
				serve as the investigating entity to prepare an investigative report.
(b) The investigating entity may contact the
				complainant and person against whom the complaint is made.
(c) Upon completion of the investigation, the
				ethics committee chairperson in consultation with the investigating entity may
				determine that:
(1) the complaint is without
				merit. The chairperson shall notify the complainant that the complaint is
				dismissed and shall notify the respondent of the dismissal; and
(2) upon completion of an investigation
				wherein the complaint is not dismissed, the Ethics Committee chairperson may:
(A) offer an informal resolution pursuant to
				G.S.
				150B-22;
(B) schedule a meeting with the
				respondent;
(C) refer the report to
				the ethics committee or its hearing panel;
(D) schedule a hearing before the Board;
				or
(E) the chairperson may take a
				voluntary dismissal of the case where the respondent relinquishes his or her
				credential for an agreed upon period of time.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0604 - HEARING BEFORE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A hearing shall
				be initiated:
(1) at the call of the Ethics
				Committee chairperson, Ethics Committee, or Ethics Committee hearing panel in
				the case of a complaint against a credentialed professional; or
(2) by any person pursuant to G.S. 150B,
				Article 3A on appeal of an agency decision.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0605 - METHOD OF DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In the course
				of the disciplinary investigation or hearing the Board may:
(1) deny a credential;
(2) revoke a credential;
(3) suspend a credential until further order
				of the Board or for a specified period of time;
(4) admonish, reprimand, or censure the
				Respondent; or
(5) take other
				actions not to be considered a disciplinary action, including a letter of
				caution or letter of warning without the consent of the Respondent.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0606 - EFFECT OF ACTIONS OF COURT OR OF OTHER PROFESSIONAL GROUPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				If a person credentialed or applying for a credential from the Board has been
				disciplined by another professional organization or convicted of a felony or a
				misdemeanor, the Ethics Committee or the Board may take this prior record into
				consideration when imposing disciplinary sanctions.
(b) When prior discipline is discovered, it
				shall be referred to the Ethics Committee and shall be treated by the Ethics
				Committee in the same manner as a complaint, unless previously addressed by the
				Board or committee of the Board.
(c) The substance use disorder professional
				shall notify the Board within 30 days from the date of any charges, conviction
				or finding of guilt, or pleading of nolo contendere for all criminal
				convictions. This reporting shall include DWI charges, arrests, and convictions
				but exclude all other traffic convictions pursuant to G.S. 20.
(d) Failure to report these criminal
				convictions shall be considered a violation of the ethical principles of the
				Board.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.39;
				  90-113.40;
				  90-113.43;
				  90-113.44;
				  90-113.45;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. April 1, 2011; April 1, 2003;
Readopted Eff. October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0607 - DISCRETION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The following factors may be considered by the Board in
				  determining the nature and severity of the disciplinary sanctions to be
				  imposed:
(1) the relative seriousness
				of the violation as it relates to assuring the citizens of North Carolina a
				consistently high standard of professional service and care;
(2) the facts of the particular
				violation;
(3) any extenuating
				circumstances or other countervailing considerations;
(4) the number and seriousness of prior
				violations or complaints:
(5)
				whether remedial action has previously been taken;
(6) likelihood of reoccurrence; and
(7) other factors which may reflect upon the
				competency, ethical standards, and professional conduct of the
				individual.
Authority
				  G.S.
				  90-113.33;
				  90-113.43;
				  90-113.44;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0608 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
Except to pursue notification of respondent of a complaint as
				  set out in Rule .0602 of this Section and to share information with the
				  complainant and others involved in the investigation, at no time prior to the
				  release of the final decision by the Board shall any portion of the action or
				  the whole thereof, be made public or be distributed to any persons other than
				  the members and chairperson of the involved committees, the Ethics Committee,
				  and its staff.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.34;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Amended Eff. August 1, 1998;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0609 - PETITION FOR REOPENING CASE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a party
				fails to appear, the hearing may proceed without the party. However, if the
				inquiry is conducted or a decision is reached in an administrative hearing in
				the absence of a party, or if a dismissal is entered prior to the granting of
				one continuance to the person petitioning for reopening the case, that party
				may file a written petition with the Board for a reopening of the case. The
				petition caption shall be entitled: "Petition for Reopening Hearing of
				Respondent."
(b) Petitions for
				reopening a contested case shall not be granted unless the petitioner can show
				that their failure to appear was due to personal or family medical
				emergency.
(c) The decision of the
				Board to grant or deny the petition to reopen shall be in writing and a copy
				shall be sent to the petitioner and made a part of the record of the
				hearing.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.34;
				  90-113.40;
				  90-113.44;
				  90-113.45;
Temporary
				  Adoption Eff. October 23, 1995 for a period of 180 days or until the permanent
				  rule becomes effective, whichever is sooner;
Eff. February 1,
				  1996;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0610 - AWARDING THE CREDENTIAL FOLLOWING DENIAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon a
				showing that there are circumstances that could establish a basis for
				reinstatement of a credential following its denial, the Board may reinstate or
				credential the respondent.
(b) A
				request for reinstatement of the credential following its denial shall be
				initiated by the respondent.
(c) To
				determine that there is a basis reinstating or awarding a credential, the Board
				may consider:
(1) the nature of the
				offense;
(2) the severity of the
				offense;
(3) any resulting harm or
				injury to the public and its extent;
(4) the length of time since the punishment
				was imposed; and
(5) restitution
				made.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0611 - PROOF OF REHABILITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in
				G.S.
				90-113.44 and in the rules of this Chapter,
				rehabilitation from impairment shall be sustained and continuous for at least
				six months.
(b) Upon consideration
				of the evidence evaluated as set forth in Paragraph (c) of this Rule, the
				required six month period of rehabilitation may be extended pursuant to the
				treatment recommendations from a Board-approved assessor, and as approved by
				the Board.
(c) Evidence for
				consideration shall include:
(1) documentation
				of treatment history including all assessments, evaluations, treatment,
				counseling, and group experiences;
(2) complete criminal record;
(3) a comprehensive biopsychosocial and
				medical assessment that includes evidence of physical, mental, psychological,
				and social functioning;
(4) medical
				diagnosis, treatment history and functioning prognosis;
(5) Return to substance use; and
(6) whether or not the respondent cooperated
				with the Board's investigation, to include self-reporting the
				violation.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0615 - INFORMAL PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In addition to
				formal hearings pursuant to
				G.S.
				90-113.33 and
				G.S.
				90-113.34, the Board may conduct informal
				proceedings in order to settle certain matters of dispute. A substance use
				disorder professional practicing pursuant to a credential or other authority
				granted by the Board may be invited to attend a meeting with the Board or a
				committee of the Board on an informal basis to discuss matters as the Board may
				advise in its communication to the person. No public record of such proceeding
				shall be made nor shall any individual be placed under oath to give testimony.
				Information discussed by a person in an informal hearing before the Board may
				be used in a formal hearing against the Respondent if initiated.
(b) Attendance at such an informal meeting
				shall not be required and is at the discretion of the person so invited. A
				person invited to attend an informal meeting shall be entitled to have counsel
				present.
(c) As a result of such
				informal meeting, the Board may recommend:
(1) actions to be taken by a
				person;
(2) the person be offered
				the opportunity to enter into a consent order;
(3) that it institute a formal public hearing
				concerning a person; or
(4) that it
				take other public or non-public action, to include disciplinary and
				non-disciplinary actions.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0600 - GROUNDS FOR DISCIPLINE AND DISCIPLINARY PROCEDURES › Section 68 .0620 - PUBLICATION OF ETHICS SANCTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Sanctions of admonition, reprimand, censure, suspension, or
				  revocation of a credential shall be published by the Board.
Authority
				  G.S.
				  90-113.30;
				  90-113.33;
				  90-113.42;
				  90-113.43;
				  90-113.44;
Eff. August
				  1, 2002;
Amended Eff. April 1, 2011;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0701 - HEARING BEFORE BOARD: TIME REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				denial, suspension, or revocation of a credential, the applicant may request a
				hearing before the Board which will serve as the appeals hearing
				body.
(b) Requests for an appeals
				hearing shall be made in writing to the President of the Board within 30 days
				after receipt of the notification that a credential had been denied or
				revoked.
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Amended Eff. August 1, 2000;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0702 - RIGHT TO HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the Board
				proposes to deny, suspend, or revoke a credential, it shall give notice to the
				person(s) affected of the right to an administrative hearing.
(b) The notice shall be mailed by certified
				mail to the person at his or her last known address.
(c) The person affected may assert his or her
				right to a hearing by mailing to the Board a request for an Administrative
				Hearing pursuant to Rule .0703 of this Section.
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0703 - REQUEST FOR HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any applicant
				to be credentialed by this Board who believes their rights, duties or
				privileges have been affected by the Board's administrative action but who has
				not received notice of a right to an administrative hearing, may file a formal
				request for a hearing to determine eligibility to be credentialed.
(b) Before an applicant or credentialed
				individual may file a request, they shall first attempt to resolve the issue
				informally with the Board.
(c) The
				chairperson of the Ethics Committee or their designee may meet with the person
				accused of an ethical violation, if the accused so chooses, prior to requesting
				additional information from the complainant.
(d) Subsequent to such informal action, if
				still dissatisfied, the person affected shall submit a written request to the
				Board in an envelope bearing the notation "REQUEST FOR ADMINISTRATIVE HEARING."
				That request shall contain the following information:
(1) name and address of the applicant or
				credentialed individual;
(2)
				statement of the action taken by the Board which is challenged;
(3) statement of the way in which the
				applicant or credentialed individual has been aggrieved; and
(4) statement of request for a
				hearing.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0704 - HEARING REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Board shall
				decide whether to grant a request for a hearing at its next regularly scheduled
				meeting following receipt of the request.
(b) A denial of a request for a hearing shall
				be issued following a decision by the Board. Such denial shall contain a
				statement supporting Board denial of the request.
(c) Approval of a request for a hearing shall
				be signified by the issuing of a notice pursuant to Rule .0705 of this
				Section.
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0705 - NOTICE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Notices of administrative hearings of the Board shall include
				  the following:
(1) the name, position,
				address, and telephone number of a member, employee, or agent of the Board to
				contact for further information or discussion;
(2) a statement that failure to inform the
				office of the Board, within 10 days after notice is received of intent to
				appear at any hearing or prehearing conference scheduled in the hearing notice
				shall be deemed a waiver of the right to a hearing;
(3) notice of the date and place of a
				prehearing conference, if any;
(4)
				notice of the date of the hearing; and
(5) any other information relevant to
				informing the party or parties as to the procedure of the hearing.
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Readopted Eff. October 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0706 - WHO SHALL HEAR CONTESTED CASES

Current through Register Vol. 39, No. 2, July 15, 2024
Administrative hearings shall be heard by the Board or, upon
				  determination by the Board, the Office of Administrative Hearings in accordance
				  with G.S.
				  150B-40(e). The Chair or
				  their designee shall be responsible for the conduct of a Board
				  hearing.
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Amended Eff. August 1, 2000;
Readopted Eff.
				  October 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0707 - PETITION FOR INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				person seeking to intervene in a contested case shall file a written petition
				with the Board. The envelope of such request shall bear the notation "PETITION
				TO INTERVENE IN THE CASE OF (NAME OF CASE)."
(b) The petition shall include the following
				information:
(1) name and address of
				petitioner;
(2) business or
				occupation of petitioner, where relevant;
(3) full identification of the hearing in
				which petitioner is seeking to intervene;
(4) statutory or non-statutory grounds for
				intervention or if none, so state;
(5) any claim or defense, in respect of which
				intervention is sought; and
(6)
				summary of the arguments or evidence petitioner seeks to present.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0708 - REPEALED - TYPES OF INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-113.30;
				  90-113.39;
				  90-113.40;
Eff. August
				  1, 1996;
Repealed Eff. December 1,
				  2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 68 - ADDICTIONS SPECIALIST PROFESSIONAL PRACTICE BOARD › Section .0700 - APPEALS PROCESS › Section 68 .0709 - DISQUALIFICATION OF BOARD MEMBER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Self-disqualification of Board Member. If for any reason the Board member
				determines that factors render them unable to conduct or participate in the
				hearing and perform all duties in an impartial manner, they shall notify the
				Board Chair of their disqualification.
(b) Petition for Disqualification. If for any
				reason any party in a contested case believes that the Board member personally
				is biased or otherwise unable to conduct or participate in the hearing and
				perform all duties in an impartial manner, the party may file a sworn,
				notarized affidavit with the Board. The envelope of such affidavit shall bear
				the notation: "AFFIDAVIT OF DISQUALIFICATION OF BOARD MEMBER IN THE CASE OF
				(NAME OF CASE)."
(c) Contents of
				Affidavit. The affidavit shall state all facts the party deems relevant to the
				disqualification of the Board member.
(d) Timeliness of Affidavit. An affidavit of
				disqualification shall be considered timely if filed at least 10 days before
				commencement of the hearing. Any other affidavit shall be considered timely
				provided it is filed at the first opportunity after the party becomes aware of
				the facts which give rise to a reasonable belief that the Board member may be
				disqualified pursuant to this Rule.
(e) Procedure for Determining
				Disqualification is as follows:
(1) The Chair
				of the Board may appoint a member of the Board to investigate the allegations
				of the affidavit and report his or her findings and recommendations to the
				Board.
(2) The Board shall decide
				whether to disqualify the challenged individual.
(3) The person whose disqualification is to
				be determined shall not participate in the decision but will have the right to
				furnish information to the Board.
(4) A record of proceedings and the reasons
				for decisions reached shall be maintained as part of the contested
				case.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 69 .0101 - AUTHORITY: NAME AND LOCATION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The "North Carolina Soil Scientist Licensing Act", G.S. 89F,
				  establishes and authorizes the "North Carolina Board for Licensing of Soil
				  Scientists," hereafter called the "Board." Unless otherwise directed
				  communications shall be addressed to the North Carolina Board for Licensing of
				  Soil Scientists at PO Box 41368, Raleigh, NC 27629-1368.
Authority
				  G.S.
				  89F-4;
				  89F-5;
Temporary
				  Adoption Eff. May 15, 1996;
Eff. April 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16, 2014;
Amended Eff.
				  January 1, 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 69 .0102 - EXPIRED - DUTIES OF OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary-Treasurer shall mail a copy of G.S. 89F and the
				  rules of this Chapter to each applicant for a license.
Authority
				  G.S.
				  89F-5;
Temporary Adoption Eff.
				  May 15, 1996;
Eff. April 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule Expired January 1,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 69 .0103 - SEAL OF THE BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The official seal of the Board is the Seal of the State of
				  North Carolina.
Authority
				  G.S.
				  89F-5;
Temporary Adoption Eff.
				  May 15, 1996;
Eff. April 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 69 .0104 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Each completed application form shall be accompanied by the
				  prescribed fee. Application fees shall not be refunded regardless of Board
				  approval or disapproval of the application. Fees for services of the Board
				  shall be as follows:
(1)
application for license
$50.00
(2)
license
$85.00
(3)
renewal of license
$85.00
(4)
restoration of license
$110.00
(5)
replacement of license
$50.00
(6)
licensed soil scientist seal
$30.00
(7)
application for corporate certificate of licensure
							 (corporations and limited liability corporations)
$50.00
(8)
renewal of corporate certificate of
							 licensure
$25.00
Authority
				  G.S.
				  55B-10;
				  55B-11;
				  57D-2-02;
				  89F-5;
				  89F-25;
				  150B-19;
Temporary
				  Adoption Eff. May 15, 1996;
Eff. April 1, 1997;
Amended
				  Eff. July 1, 2006;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16, 2014;
Amended Eff.
				  January 1, 2016; January 1, 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0200 - LICENSING OF SOIL SCIENTISTS › Section 69 .0201 - APPLICATION PROCEDURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All applicants
				for licensing shall furnish the following:
(1)
				A legible official copy of their college transcript(s), and verification of
				graduation sent directly from the institution to the Board;
(2) A record of experience in the practice of
				soil science including any of the applicant's written reports, maps, published
				articles or other materials the Board determines are appropriate to document
				the applicant's experience as a soil scientist;
(3) Four references as defined in
				G.S.
				89F-10(a)(1);
(4) Signed copy of Code of Professional
				Conduct;
(5) A notarized copy of a
				completed application form; and
(6)
				The application fee as prescribed in Rule .0104 of this Chapter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0200 - LICENSING OF SOIL SCIENTISTS › Section 69 .0202 - EXPIRATIONS AND RENEWALS OF CERTIFICATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				annual renewal fee of fifty dollars ($50.00) shall be payable to the Board. The
				Board shall send to each licensed soil scientist a form that requires the
				registrant to provide the Board with his business and residential address and
				to affix the registrant's North Carolina Licensed Soil Scientist seal
				thereupon. An applicant for renewal shall document continuing education as
				provided in Section .0300 of this Chapter. The completed forms along with the
				required fee shall be forwarded to the Board.
(b) All licenses will expire on July 1.
				Licenses that have not been renewed by September 1st may only be renewed by
				filing a restoration application and submitting a restoration fee.
(c) The Soil Scientist-in-Training
				certificate shall not expire and therefore does not have to be
				renewed.
Authority
				  G.S.
				  89F-5;
Temporary Adoption Eff.
				  May 15, 1996;
Eff. April 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0300 - CONTINUING PROFESSIONAL COMPETENCY › Section 69 .0301 - INTRODUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
Every licensee shall meet the continuing professional
				  education requirements of this Section as a condition for license
				  renewal.
Authority
				  G.S.
				  89F-5;
Temporary Adoption Eff.
				  May 15, 1996;
Eff. April 1, 1997
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 69 - SOIL SCIENTISTS › Section .0300 - CONTINUING PROFESSIONAL COMPETENCY › Section 69 .0302 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Terms used in this Section are defined as follows:
(1) Professional Development Hour (PDH) - One
				contact hour (nominal) of instruction or presentation.
(2) College/Unit Semester/Quarter Hour -
				Credit assigned by a college or university for a completed course.
(3) Course/Activity - Any course or activity
				with a purpose and objective that maintains, improves, or expands the skills
				and knowledge of the licensee.
(4)
				Sponsor - Organization or individual that has supplied information on a form
				furnished by the Board with respect to the organization or individual's ability
				to provide instruction in "for credit" courses.
(5) Renewal Period for Continuing
				Professional Education - The period for accumulating the required PDH units
				shall be three years.
Authority
				  G.S.
				  89F-5;
Temporary Adoption Eff.
				  May 15, 1996;
Eff. April 1, 1997;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 16,
				  2014.