North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 61 - RESPIRATORY CARE BOARD › Section .0300 - LICENSING › Section 61 .0307 - GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
The following behaviors and conduct that shall constitute
				  unprofessional conduct by persons licensed pursuant to
				  G.S.
				  90-647 and shall be grounds for license
				  denial or disciplinary action by the Board pursuant to
				  G.S.
				  90-659(a) and (b),
				  G.S.
				  90-652(4);
(1) failing to meet minimum licensure
				requirements set by Article 38 of G.S. 90 or rules of this Chapter;
(2) attempting to obtain or renew a license
				as provided by this Chapter by bribery, by fraudulent misrepresentation, or by
				knowingly perpetuating an error of the Board;
(3) violating a rule adopted by the Board or
				of a lawful order of the Board, including violations of the Code of Ethics
				pursuant to
				21 NCAC
				61 .0104;
(4) engaging in the delivery of respiratory
				care with a revoked, suspended, or inactive license;
(5) failing to perform a statutory or legal
				obligation placed upon a respiratory care practitioner licensed pursuant to
				this Chapter;
(6) failing to make
				the disclosures required by
				21 NCAC
				61 .0308;
(7) permitting, aiding, assisting, procuring,
				or advising a person to violate a rule of the Board or provision of the
				Respiratory Care Practice Act, including engaging in the practice of
				respiratory care without a license;
(8) having licensure, certification,
				registration, or other authority, by whatever name known, to deliver
				respiratory care revoked, suspended, or otherwise acted against, including the
				denial of licensure, certification, registration, or other authority to deliver
				respiratory care by the licensing authority of another state, territory, or
				country;
(9) willfully failing to
				report a violation of these Rules;
(10) engaging in unprofessional conduct
				related to the delivery of respiratory care, including an act or practice that
				is hazardous to public health, safety, or welfare;
(11) performing professional services that
				have not been duly ordered by a physician licensed pursuant to G.S. 90, Article
				1 and that are not in accordance with protocols established by the hospital,
				other health care provider, or the Board;
(12) accepting and performing professional
				responsibilities that the licensee knows, or has reason to know, he or she is
				not competent to perform;
(13)
				delegating professional responsibilities to a person if the licensee delegating
				such responsibilities knows, or has reason to know, that such person is not
				qualified by training, experience, or licensure to perform;
(14) being unable to deliver respiratory care
				services with reasonable skill and safety to patients by reason of
				incapacitating illness or use of alcohol, drugs, narcotics, chemicals, or other
				material;
(15) failing to create
				and maintain respiratory care records documenting the assessment and treatment
				provided to each patient;
(16)
				discontinuing professional services unless services have been completed, the
				client requests the discontinuation, alternative or replacement services are
				arranged, or the client is given reasonable opportunity to arrange alternative
				or replacement services;
(17)
				engaging or attempting to engage a patient in a sexual relationship;
(18) promoting or selling services, goods,
				appliances, or drugs that are not medically indicated or necessary to a
				patient;
(19) making deceptive,
				untrue, or fraudulent representations in the delivery of respiratory
				care;
(20) intentionally
				communicating deceptive information to a patient;
(21) paying or receiving any commission,
				bonus, kickback, or rebate to or from, or engaging in any fee-splitting
				arrangement in any form whatsoever with, a person, organization, or agency,
				either directly or indirectly, for goods or services rendered to patients
				referred by or to providers of health care goods and services, including
				hospitals, nursing homes, clinical laboratories, ambulatory surgical centers,
				and pharmacies. The provisions of this paragraph shall not be construed to
				prevent the licensee from receiving a fee for professional consultation
				services;
(22) soliciting patients,
				either personally or through an agent, through by means of intimidation or
				undue influence;
(23) willfully
				making or filing a false report or record or willfully impeding or obstructing
				such filing or inducing another person to do so. Such reports or records shall
				include only those reports or records that require the signature of a
				licensee;
(24) being convicted or
				found guilty of, or entering a plea of nolo contendere to, regardless of
				adjudication, a crime in any jurisdiction that relates to a licensee's
				competence or ability to provide respiratory care; or
(25) failing to comply with a court order for
				child support or failing to comply with a subpoena issued pursuant to child
				support or paternity establishment proceedings as defined in
				G.S.
				110-142.1. In revoking or reinstating a
				license under this provision, the Board shall follow the procedures outlined in
				G.S.
				93B-13.
Authority
				  G.S.
				  90-652(2),(4);
				  90-647;
				  90-659(a),(b);
				  90-652(1),(2),(4);
				  150B-3;
Temporary
				  Adoption Eff. October 15, 2001;
Eff. August 1, 2002;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. August 22, 2015;
Amended Eff. July
				  1, 2018.