North Carolina Statutes

Chapter 90 Medicine and Allied Occupations

Article 1 - Practice of Medicine.

Article 1A - Treatment of Minors.

  • § 90-21.1   When physician may treat minor without consent of parent, guardian or person in loco parentis
    It shall be lawful for any physician licensed to practice medicine in North Carolina to render treatment to any minor without first obtaining the consent...
  • § 90-21.2   "Treatment" defined
    The word "treatment" as used in G.S. 90‑21.1 is hereby defined to mean any medical procedure or treatment, including X rays, the administration of drugs,...
  • § 90-21.3   Performance of surgery on minor; obtaining second opinion as to necessity
    The word "treatment" as defined in G.S. 90‑21.2 shall also include any surgical procedure which in the opinion of the attending physician is necessary under...
  • § 90-21.4   Responsibility, liability and immunity of physicians
    (a) Any physician licensed to practice medicine in North Carolina providing health services to a minor under the terms, conditions and circumstances of this Article...
  • § 90-21.5   Minor's consent sufficient for certain medical health services
    (a) Any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis...
  • § 90-21.6   Definitions
    For the purposes of Part 2 only of this Article, unless the context clearly requires otherwise: (1) "Unemancipated minor" or "minor" means any person under...
  • § 90-21.7   Parental consent required
    (a) No physician licensed to practice medicine in North Carolina shall perform an abortion upon an unemancipated minor unless the physician or agent thereof or...
  • § 90-21.8   Procedure for waiver of parental consent
    (a) The requirements and procedures under Part 2 of this Article are available and apply to unemancipated minors seeking treatment in this State. (b) The...
  • § 90-21.9   Medical emergency exception
    The requirements of parental consent prescribed by G.S. 90‑21.7(a) shall not apply when, in the best medical judgment of the physician based on the facts...
  • § 90-21.10   Penalty
    Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to...

Article 1B - Medical Malpractice Actions.

Article 1C - Physicians and Hospital Reports.

Article 1D - Peer Review.

  • § 90-21.22   Peer review agreements
    (a) The North Carolina Medical Board may, under rules adopted by the Board in compliance with Chapter 150B of the General Statutes, enter into agreements...
  • § 90-21.22A   Medical review and quality assurance committees
    (a) As used in this section, the following terms mean: (1) "Medical review committee." A committee composed of health care providers licensed under this Chapter...
  • § 90-21.23   Election by State
    For the purpose of making applicable in the State the early opt‑in provisions of Title 4 of the "Health Care Quality Improvement Act of 1986,"...

Article 1E - Certificate of Public Advantage.

  • § 90-21.24   Findings
    The General Assembly of North Carolina makes the following findings: (1) That technological and scientific developments in health care have enhanced the prospects for further...
  • § 90-21.25   Definitions
    As used in this Article, the following terms have the meanings specified: (1) "Attorney General" means the Attorney General of the State of North Carolina,...
  • § 90-21.26   Certificate of public advantage; application
    (a) A physician and any person who is a party to a cooperative agreement with a physician may negotiate, enter into, and conduct business pursuant...
  • § 90-21.27   Procedure for review; standards for review
    (a) The Department shall review the application in accordance with the standards set forth in subsection (b) of this section and shall hold a public...
  • § 90-21.28   Issuance of a certificate
    If the Department determines that the likely benefits of a cooperative agreement outweigh the likely disadvantages attributable to reduction of competition as a result of...
  • § 90-21.29   Objection by Attorney General
    If the Attorney General is not persuaded that the applicant has demonstrated by clear and convincing evidence that the benefits likely to result from the...
  • § 90-21.30   Record keeping
    The Department shall maintain on file all cooperative agreements for which certificates of public advantage are in effect and a copy of the certificate, including...
  • § 90-21.31   Review after issuance of certificate
    If at any time following the issuance of a certificate of public advantage, the Department or the Attorney General has questions concerning whether the parties...
  • § 90-21.32   Periodic reports
    (a) During the time that a certificate is in effect, a report of activities pursuant to the cooperative agreement must be filed every two years...
  • § 90-21.33   Right to judicial action
    (a) Any applicant or other person aggrieved by a decision to issue or not issue a certificate of public advantage is entitled to judicial review...
  • § 90-21.34   Fees for applications and periodic reports
    (a) The Department and the Attorney General shall establish and collect administrative fees for filing of an application for a certificate of public advantage based...
  • § 90-21.35   Department and Attorney General authority
    The Department and Attorney General shall adopt rules to conduct review of applications for certificates of public advantage and of periodic reports filed in connection...
  • § 90-21.36   Effects of certificate of public advantage; other laws
    (a) Activities conducted pursuant to a cooperative agreement for which a certificate of public advantage has been issued are immunized from challenge or scrutiny under...
  • § 90-21.37 through 90-21.40   Reserved for future codification purposes

Article 1F - Psychotherapy Patient/Client Sexual Exploitation Act.

  • § 90-21.41   Definitions
    The following definitions apply in this Article: (1) Client. A person who may also be called patient or counselee who seeks or obtains psychotherapy, whether...
  • § 90-21.42   Action for sexual exploitation
    Any client who is sexually exploited by the client's psychotherapist shall have remedy by civil action for sexual exploitation if the sexual exploitation occurred: (1)...
  • § 90-21.43   Remedies
    A person found to have been sexually exploited as provided under this Article may recover from the psychotherapist actual or nominal damages, and reasonable attorneys'...
  • § 90-21.44   Scope of discovery
    (a) In an action under this Article, evidence of the client's sexual history is not subject to discovery, except under the following conditions: (1) The...
  • § 90-21.45   Admissibility of evidence of sexual history
    (a) At the trial of an action under this Article, evidence of the client's sexual history is not admissible unless: (1) The psychotherapist requests a...
  • § 90-21.46   Prohibited defense
    It shall not be a defense in any action brought pursuant to this Article that the client consented to the sexual exploitation or that the...
  • § 90-21.47   Statute of limitations
    An action for sexual exploitation must be commenced within three years after the cause of action accrues. A cause of action for sexual exploitation accrues...
  • § 90-21.48   Agreements to not pursue complaint before licensing entity void
    Any provision of a settlement agreement of a claim based in whole or part on an allegation of sexual exploitation as defined in this Article,...
  • § 90-21.49   Reserved for future codification purposes

Article 1G - Health Care Liability.

  • § 90-21.50   Definitions
    As used in this Article, unless the context clearly indicates otherwise, the term: (1) (Effective until July 1, 2008) "Health benefit plan" means an accident...
  • § 90-21.51   Duty to exercise ordinary care; liability for damages for harm
    (a) Each managed care entity for a health benefit plan has the duty to exercise ordinary care when making health care decisions and is liable...
  • § 90-21.53   Separate trial required
    Upon motion of any party in an action that includes a claim brought pursuant to this Article involving a managed care entity, the court shall...
  • § 90-21.54   Exhaustion of administrative remedies and appeals
    No action may be commenced under this Article until the plaintiff has exhausted all administrative remedies and appeals, including those internal remedies and appeals established...
  • § 90-21.55   External review decision
    (a) Either the insured or enrollee or the personal representative of the insured or enrollee or the managed care entity may use an external review...
  • § 90-21.56   Remedies
    (a) Except as provided in G.S. 90‑21.52(b), an insured or enrollee who has been found to have been harmed by the managed care entity pursuant...

Article 1H - Voluntary Arbitration of Negligent Health Care Claims.

  • § 90-21.60   Voluntary arbitration; prior agreements to arbitration void
    (a) Application of Article. This Article applies to all claims for damages for personal injury or wrongful death based on alleged negligence in the provision...
  • § 90-21.61   Requirements for submitting to arbitration
    (a) Before Action Is Filed. Before an action is filed, a person who claims damages for personal injury or wrongful death based on alleged negligence...
  • § 90-21.62   Selection of arbitrator
    (a) Selection by Agreement. An arbitrator shall be selected by agreement of all the parties no later than 45 days after the date of the...
  • § 90-21.63   Witnesses; discovery; depositions; subpoenas
    (a) General Conduct of Arbitration; Experts. The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in...
  • § 90-21.64   Time limitations for arbitration
    (a) Time Frames. The time frames provided in this section shall run from the date of the filing of the stipulation where the parties agreed...
  • § 90-21.65   Written decision by arbitration
    (a) Issuing the Decision. The arbitrator shall issue a decision in writing and signed by the arbitrator within 14 days after the completion of the...
  • § 90-21.66   Judgment by court
    After a party to the arbitration proceeding receives notice of a decision, the party may file a motion with the court for a judgment in...
  • § 90-21.67   Retention of jurisdiction by court
    The court shall retain jurisdiction over the action during the pendency of the arbitration proceeding. The court may, at the request of the arbitrator, enter...
  • § 90-21.68   Appeal of arbitrator's decision
    There is no right to a trial de novo on an appeal of the arbitrator's decision under this Article. An appeal of the arbitrator's decision...
  • § 90-21.69   Revised Uniform Arbitration Act not applicable
    The provisions of Article 45C of Chapter 1 of the General Statutes do not apply to arbitrations conducted under this Article except to the extent...

Article 2 - Dentistry.

Article 2A - Dental Peer Review Protection Act.

  • § 90-48.7   Title
    General Statutes 90‑48.7 through G.S. 90‑48.11 may be cited as the "Dental Peer Review Protection Act." (1979, 2nd Sess., c. 1192, s. 1.)
  • § 90-48.8   Immunity of a member
    No member of a dental peer review committee of a State or local dental society shall be held liable in damages to any person for...
  • § 90-48.9   Immunity of witnesses before dental peer review committee
    Notwithstanding any other provision of law, no person providing information to any dental peer review committee or organization shall be held, by reason of having...
  • § 90-48.10   Confidentiality of review organization's proceedings and records
    The proceedings and records of a dental review committee except those concerning the investigation and consideration of Medicare and Medicaid charges or payments, shall be...
  • § 90-48.11   No limitation on previous privileges and immunities
    Nothing in this G.S. 90‑48.7 through G.S. 90‑48.11 shall be deemed to annul, abridge, or limit in any manner any privileges or immunities heretofore existing...

Article 3 - The Licensing of Mouth Hygienists to Teach and Practice Mouth Hygiene in Public Institutions.

Article 4 - Pharmacy.

Article 4A - North Carolina Pharmacy Practice Act.

  • § 90-85.2   Legislative findings
    The General Assembly of North Carolina finds that mandatory licensure of all who engage in the practice of pharmacy is necessary to insure minimum standards...
  • § 90-85.3   Definitions
    (a) "Administer" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion or other means. (b) "Board" means...
  • § 90-85.4   North Carolina Pharmaceutical Association
    The North Carolina Pharmaceutical Association, and the persons composing it, shall continue to be a body politic and corporate under the name and style of...
  • § 90-85.5   Objective of Pharmaceutical Association
    The objective of the Association is to unite the pharmacists of this State for mutual aid, encouragement, and improvement; to encourage scientific research, develop pharmaceutical...
  • § 90-85.6   Board of Pharmacy; creation; membership; qualification of members
    (a) Creation. The responsibility for enforcing the provisions of this Article and the laws pertaining to the distribution and use of drugs is vested in...
  • § 90-85.7   Board of Pharmacy; selection; vacancies; commission; term; per diem; removal
    (a) The Board of Pharmacy shall consist of six persons. Five of the members shall be licensed as pharmacists within this State and shall be...
  • § 90-85.8   Organization
    The Board shall elect from its members a president, vice‑president, and other officers as it deems necessary. The officers shall serve one‑year terms and until...
  • § 90-85.9   Meetings
    The Board shall meet at least twice annually for the purpose of administering examinations and conducting other business. Four Board members constitute a quorum. The...
  • § 90-85.10   Employees; Executive Director
    The Board shall employ as Executive Director a pharmacist to serve as a full‑time employee of the Board. The Executive Director shall serve as secretary...
  • § 90-85.11   Compensation of employees
    The Board shall determine the compensation of its employees. Employees shall be reimbursed for all necessary expenses incurred in the performance of their official duties....
  • § 90-85.11A   Acquisition of real property; equipment; liability insurance
    (a) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a...
  • § 90-85.12   Executive Director to make investigations and prosecute
    (a) Upon receiving information concerning a violation of this Article that is a threat to the public safety, health, or welfare, the Executive Director shall...
  • § 90-85.13   Approval of schools and colleges of pharmacy
    The Board shall approve schools and colleges of pharmacy upon a finding that students successfully completing the course of study offered by the school or...
  • § 90-85.14   Practical experience program
    The Board shall issue regulations governing a practical experience program. These regulations shall assure that the person successfully completing the program will have gained practical...
  • § 90-85.15   Application and examination for licensure as a pharmacist; prerequisites
    (a) Any person who desires to be licensed as a pharmacist shall file an application with the Executive Director on the form furnished by the...
  • § 90-85.15A   Pharmacy technicians
    (a) Registration. A registration program for pharmacy technicians is established for the purposes of identifying those persons who are employed as pharmacy technicians. The Board...
  • § 90-85.16   Examination
    The license examination shall be given by the Board at least twice each year. The Board shall determine the subject matter of each examination and...
  • § 90-85.17   License renewal
    In accordance with Board regulations, each license to practice pharmacy shall expire on December 31 and shall be renewed annually by filing with the Board...
  • § 90-85.18   Approval of continuing education programs
    The Board shall approve providers of continuing education programs upon finding that the provider is competent to and does offer an educational experience designed to...
  • § 90-85.19   Reinstatement
    Whenever a pharmacist who has not renewed his license for five or more years seeks to renew or reinstate his license, he must appear before...
  • § 90-85.20   Licensure without examination
    (a) The Board may issue a license to practice pharmacy, without examination, to any person who is licensed as a pharmacist in another jurisdiction if...
  • § 90-85.21   Pharmacy permit
    (a) In accordance with Board regulations, each pharmacy in North Carolina shall annually register with the Board on a form provided by the Board. The...
  • § 90-85.21A   Applicability to out-of-state operations
    (a) Any pharmacy operating outside the State which ships, mails, or delivers in any manner a dispensed legend drug into this State shall annually register...
  • § 90-85.21B   Unlawful practice of pharmacy
    It shall be unlawful for any person, firm, or corporation not licensed or registered under the provisions of this Article to: (1) Use in a...
  • § 90-85.22   Device and medical equipment permits
    (a) Devices. Each place, whether located in this State or out‑of‑state, where devices are dispensed or delivered to the user in this State shall register...
  • § 90-85.23   License and permit to be displayed
    Every pharmacist‑manager's license, every permit, and every current renewal shall be conspicuously posted in the place of business owned by or employing the person to...
  • § 90-85.24   Fees collectible by Board
    (a) The Board of Pharmacy shall be entitled to charge and collect not more than the following fees: (1) For the examination of an applicant...
  • § 90-85.25   Disasters and emergencies
    (a) In the event of an occurrence which the Governor of the State of North Carolina has declared a disaster or when the Governor has...
  • § 90-85.26   Prescription orders preserved
    (a) Every pharmacist‑manager of a pharmacy shall maintain for at least three years the original of every prescription order and refill compounded or dispensed at...
  • § 90-85.26A   Clinical pharmacist practitioners subcommittee
    The North Carolina Board of Pharmacy shall appoint and maintain a subcommittee of the Board consisting of four licensed pharmacists to work jointly with the...
  • § 90-85.27   Definitions
    As used in G.S. 90‑85.28 through G.S. 90‑85.31: (1) "Equivalent drug product" means a drug product which has the same established name, active ingredient, strength,...
  • § 90-85.28   Selection by pharmacists permissible; prescriber may permit or prohibit selection; price limit on selected drugs
    (a) A pharmacist dispensing a prescription for a drug product prescribed by its brand name may select any equivalent drug product which meets the following...
  • § 90-85.29   Prescription label
    The prescription label of every drug product dispensed shall contain the brand name of any drug product dispensed, or in the absence of a brand...
  • § 90-85.30   Prescription record
    The pharmacy file copy of every prescription shall include the brand or trade name, if any, or the established name and the manufacturer of the...
  • § 90-85.31   Prescriber and pharmacist liability not extended
    The selection of an equivalent drug product pursuant to this Article shall impose no greater liability upon the pharmacist for selecting the dispensed drug product...
  • § 90-85.32   Rules pertaining to filling, refilling, transfer, and mail or common-carrier delivery of prescription orders
    (a) Except as otherwise provided in this section, the Board may adopt rules governing the filling, refilling and transfer of prescription orders not inconsistent with...
  • § 90-85.33   Unit dose medication systems
    The Board may adopt regulations governing pharmacists providing unit dose medication systems. The regulations shall ensure the safe and proper distribution of drugs in the...
  • § 90-85.34   Unique pharmacy practice
    Consistent with the provisions of this Article, the Board may regulate unique pharmacy practices including, but not limited to, nuclear pharmacy and clinical pharmacy, to...
  • § 90-85.34A   Public health pharmacy practice
    (a) A registered nurse in a local health department clinic may dispense prescription drugs and devices, other than controlled substances as defined in G.S. 90‑87,...
  • § 90-85.35   Availability of patient records
    Pharmacists employed in health care facilities shall have access to patient records maintained by those facilities when necessary for the pharmacist to provide pharmaceutical services....
  • § 90-85.36   Availability of pharmacy records
    (a) Except as provided in subsections (b) and (c) below, written prescription orders on file in a pharmacy or other place where prescriptions are dispensed...
  • § 90-85.37   Embargo
    Notwithstanding any other provisions of law, whenever an authorized representative of the Board has reasonable cause to believe that any drug or device presents a...
  • § 90-85.38   Disciplinary authority
    (a) The Board may, in accordance with Chapter 150B of the General Statutes, issue a letter of reprimand or suspend, restrict, revoke, or refuse to...
  • § 90-85.39   Injunctive authority
    The Board may apply to any court for an injunction to prevent violations of this Article or of any rules enacted pursuant to it. The...
  • § 90-85.40   Violations
    (a) It shall be unlawful for any owner or manager of a pharmacy or other place to allow or cause anyone other than a pharmacist...
  • § 90-85.41   Board agreements with special peer review organizations for impaired pharmacy personnel
    (a) The North Carolina Board of Pharmacy may, under rules adopted by the Board in compliance with Chapter 150B of the General Statutes, enter into...
  • § 90-85.42   Reserved for future codification purposes
  • § 90-85.43   Reserved for future codification purposes
  • § 90-85.44   Reserved for future codification purposes

Article 4B - Pharmacy Quality Assurance Protection Act.

  • § 90-85.45   Legislative intent
    It is the intent of the General Assembly to require pharmacy quality assurance programs to further contribute to and enhance the quality of health care...
  • § 90-85.46   Definitions
    The following definitions shall apply in this Article: (1) Board. The North Carolina Board of Pharmacy. (2) Pharmacy quality assurance program. A program pertaining to...
  • § 90-85.47   Pharmacy quality assurance program required; limited liability; discovery
    (a) Every person or entity holding a valid pharmacy permit pursuant to G.S. 90‑85.21 or G.S. 90‑85.21A shall establish or participate in a pharmacy quality...

Article 5 - North Carolina Controlled Substances Act.

Article 5A - North Carolina Toxic Vapors Act.

  • § 90-113.8A   Title
    This Article shall be known and may be cited as the "North Carolina Toxic Vapors Act." (1971, c. 1208, s. 1.)
  • § 90-113.9   Definitions
    For purposes of this Article, unless the context requires otherwise, (1) "Intoxication" means drunkenness, stupefaction, depression, giddiness, paralysis, irrational behavior, or other change, distortion, or...
  • § 90-113.10   Inhaling fumes for purpose of causing intoxication
    It is unlawful for any person to knowingly breathe or inhale any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl...
  • § 90-113.10A   Alcohol vaporizing devices prohibited
    It shall be unlawful for any person to knowingly manufacture, sell, give, deliver, possess, or use an alcohol vaporizing device. As used in this section,...
  • § 90-113.11   Possession of substances
    It is unlawful for any person to possess any compound, liquid, or chemical containing toluol, hexane, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone,...
  • § 90-113.12   Sale of substance
    It is unlawful for any person to sell, offer to sell, deliver, give, or possess with the intent to sell, deliver, or give any other...
  • § 90-113.13   Violation a misdemeanor
    Violation of this Article is a Class 1 misdemeanor. (1979, c. 671, s. 5; 1993, c. 539, s. 623; 1994, Ex. Sess., c. 24, s.
  • § 90-113.14   Conditional discharge and expunction of records for first offenses
    (a) Whenever any person who has not previously been convicted of any offense under this Article or under any statute of the United States or...
  • § 90-113.15 through 90-113.19   Reserved for future codification purposes

Article 5B - Drug Paraphernalia.

  • § 90-113.20   Title
    This Article shall be known and may be cited as the "North Carolina Drug Paraphernalia Act." (1981, c. 500, s. 1.)
  • § 90-113.21   General provisions
    (a) As used in this Article, "drug paraphernalia" means all equipment, products and materials of any kind that are used to facilitate, or intended or...
  • § 90-113.22   Possession of drug paraphernalia
    (a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,...
  • § 90-113.23   Manufacture or delivery of drug paraphernalia
    (a) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing that it...
  • § 90-113.24   Advertisement of drug paraphernalia
    (a) It is unlawful for any person to purchase or otherwise procure an advertisement in any newspaper, magazine, handbill, or other publication, or purchase or...
  • § 90-113.25 through 90-113.29   Reserved for future codification purposes

Article 5C - North Carolina Substance Abuse Professional Practice Act.

  • § 90-113.30   Declaration of purpose
    The North Carolina Substance Abuse Professional Practice Board, established by G.S. 90‑113.32, is recognized as the registering, certifying, and licensing authority for substance abuse professionals...
  • § 90-113.31   Repealed by Session Laws 2005-431, s. 1, effective September 22, 2005
  • § 90-113.31A   Definitions
    The following definitions shall apply in this Article: (1) Applicant. A person who has initiated a process to become a substance abuse professional pursuant to...
  • § 90-113.31B   Scope of practice
    The scope of practice is the use by all substance abuse professionals and their ongoing supervisees of principles, methods, and procedures of the Twelve Core...
  • § 90-113.32   Board; composition; voting
    (a) The Board is created as the authority to credential substance abuse professionals in North Carolina. (b) Until the full Board is elected or appointed...
  • § 90-113.33   Board; powers and duties
    The Board shall: (1) Examine and determine the qualifications and fitness of applicants for certification and licensure to practice in this State. (1a) Determine the...
  • § 90-113.33A   Officers may administer oaths, and subpoena witnesses, records, and other materials
    The President or other presiding officer of the Board may administer oaths to all persons appearing before it as the Board may deem necessary to...
  • § 90-113.34   Records to be kept; copies of records
    (a) The Board shall keep a regular record of its proceedings, together with the names of the members of the Board present, the names of...
  • § 90-113.35   Disposition of funds
    All fees and other moneys collected and received by the Board shall be used to implement this Article. The financial records of the Board shall...
  • § 90-113.36   Credentials
    (a) The Board shall furnish a certificate of certification or licensure to each applicant successfully completing the requirements for his or her credential. (b) The...
  • § 90-113.37   Repealed by Session Laws 2005-431, s. 1, effective September 22, 2005
  • § 90-113.37A   Renewal of credential; lapse
    (a) Every person credentialed pursuant to this Article who desires to maintain his or her credentials shall apply to the Board for a renewal of...
  • § 90-113.38   Maximums for certain fees
    (a) The fee to obtain a certificate of certification as a substance abuse counselor, substance abuse prevention consultant, clinical supervisor, substance abuse residential facility director,...
  • § 90-113.39   Standards for credentials
    The Board shall establish standards to credential substance abuse professionals. The credentialing standards of the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated...
  • § 90-113.40   Requirements for certification and licensure
    (a) The Board shall issue a certificate certifying an applicant as a "Certified Substance Abuse Counselor" or as a "Certified Substance Abuse Prevention Consultant" if:...
  • § 90-113.40A   Requirements for registration
    (a) Upon application and payment of the required fee, the Board shall issue a registration designating an applicant as a registrant if the applicant: (1)...
  • § 90-113.40B   Applicant supervision
    The Board shall designate a person as an applicant supervisor of individuals applying for registration, certification, or licensure as a substance abuse professional as follows:...
  • § 90-113.41   Examination
    (a) Except for those individuals applying for licensure under G.S. 90‑113.41A, applicants for certification or licensure under this Article shall file an application at least...
  • § 90-113.41A   Deemed status
    (a) To be granted deemed status by the Board, a credentialing body of a professional discipline or its designee shall demonstrate that its substance abuse...
  • § 90-113.41B   Change of name or address
    Every person licensed, certified, or registered under the provisions of this Article shall give written notice to the Board of any change in his or...
  • § 90-113.42   Violations; exemptions
    (a) It shall be unlawful for any person not licensed or otherwise credentialed as a substance abuse professional pursuant to this Article to engage in...
  • § 90-113.43   Illegal practice; misdemeanor penalty
    Except as otherwise authorized in this Article, no person shall: (1) Offer substance abuse professional services, practice, attempt to practice, or supervise while holding himself...
  • § 90-113.44   Grounds for disciplinary action
    (a) Grounds for disciplinary action for an applicant or credentialed professional include: (1) The employment of fraud, deceit, or misrepresentation in obtaining or attempting to...
  • § 90-113.45   Enjoining illegal practices
    (a) The Board may, if it finds that any person is violating any of the provisions of this Article or of the rules adopted pursuant...
  • § 90-113.46   Application of requirements of Article
    All persons credentialed by the North Carolina Substance Abuse Professional Practice Board, Inc., as of July 1, 1994, shall be credentialed by the Board pursuant...
  • § 90-113.46A   Criminal history record checks of applicants for registration, certification, or licensure
    (a) All applicants for registration, certification, or licensure shall consent to a criminal history record check. Refusal to consent to a criminal history record check...
  • § 90-113.47   Repealed by Session Laws 1999-199, s. 3.1
  • § 90-113.48   Reserved for future codification purposes
  • § 90-113.49   Reserved for future codification purposes

Article 5D - Control of Methamphetamine Precursors.

  • § 90-113.50   Title
    This Article shall be known and may be cited as the "Methamphetamine Lab Prevention Act of 2005." (2005‑434, s. 1.)
  • § 90-113.51   Definitions
    (a) For purposes of this Article, "pseudoephedrine product" means a product containing any detectable quantity of pseudoephedrine or ephedrine base, their salts or isomers, or...
  • § 90-113.52   Pseudoephedrine: restrictions on sales
    (a) A pseudoephedrine product in the form of a tablet, caplet, or gel cap shall not be offered for retail sale loose in bottles but...
  • § 90-113.53   Pseudoephedrine transaction limits
    (a) No person shall deliver to any one person, attempt to deliver to any one person, purchase, or attempt to purchase at retail more than...
  • § 90-113.54   Posting of signs
    (a) A retailer shall post a sign or placard in a clear and conspicuous manner in the area of the premises where the pseudoephedrine products...
  • § 90-113.55   Training of employees
    A retailer shall require that employees of the establishment involved in the sale of pseudoephedrine products in the form of tablets or caplets, and any...
  • § 90-113.56   Penalties
    (a) If a retailer willfully and knowingly violates the provisions of G.S. 90‑113.52, 90‑113.53, or 90‑113.54, the retailer shall be guilty of a Class A1...
  • § 90-113.57   Immunity
    A retailer or an employee of the retailer who, reasonably and in good faith, reports to any law enforcement agency any alleged criminal activity related...
  • § 90-113.58   Commission authority to control pseudoephedrine products
    (a) The Commission may add or delete a specific pseudoephedrine product from requirements of this Article on the petition of any interested party, or its...
  • § 90-113.59   Commission development of employee training programs
    The Commission shall develop training and education programs targeted for employees of establishments where pseudoephedrine products are available for sale and shall approve such programs...
  • § 90-113.60   Preemption
    This Article shall preempt all local ordinances or regulations governing the sale by a retailer of over‑the‑counter products containing pseudoephedrine. (2005‑434, s. 1.)
  • § 90-113.61   Regulation of pseudoephedrine products in the form of liquids, liquid capsules, gel capsules, and pediatric products
    Except as to those specific products for which the Commission issues an order pursuant to G.S. 90‑113.58 subjecting the product to requirements under this Article,...
  • § 90-113.62 through 90-113.69   Reserved for future codification purposes

Article 5E - North Carolina Controlled Substances Reporting System Act.

  • § 90-113.70   Short title
    This Article shall be known and may be cited as the "North Carolina Controlled Substances Reporting System Act." (2005‑276, s. 10.36(a).)
  • § 90-113.71   Legislative findings and purpose
    (a) The General Assembly makes the following findings: (1) North Carolina is experiencing an epidemic of poisoning deaths from unintentional drug overdoses. (2) Since 1997,...
  • § 90-113.72   Definitions
    The following definitions apply in this Article: (1) "Commission" means the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services established under Part 4...
  • § 90-113.73   Requirements for controlled substances reporting system
    (a) The Department shall establish and maintain a reporting system of prescriptions for all Schedule II through V controlled substances. Each dispenser shall submit the...
  • § 90-113.74   Confidentiality
    (a) Prescription information submitted to the Department is privileged and confidential, is not a public record pursuant to G.S. 132‑1, is not subject to subpoena...
  • § 90-113.75   Civil penalties; other remedies; immunity from liability
    (a) A person who intentionally, knowingly, or negligently releases, obtains, or attempts to obtain information from the system in violation of a provision of this...
  • § 90-113.76   Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules
    The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services shall adopt rules necessary to implement this Article. (2005‑276, s. 10.36(a).)

Article 6 - Optometry.

Article 6A - Optometry Peer Review.

Article 7 - Osteopathy.

Article 8 - Chiropractic.

  • § 90-139   Creation and membership of Board of Examiners
    (a) The State Board of Chiropractic Examiners is created to consist of eight members appointed by the Governor and General Assembly. Six of the members...
  • § 90-140   Selection of chiropractic members of Board
    The Governor and the General Assembly upon the recommendation of the President Pro Tempore of the Senate shall appoint chiropractic members of the Board for...
  • § 90-141   Organization; quorum
    The Board of Chiropractic Examiners shall elect such officers as they may deem necessary. Four members of the Board shall constitute a quorum for the...
  • § 90-142   Rules and regulations
    The State Board of Chiropractic Examiners may adopt suitable rules and regulations for the performance of their duties and the enforcement of the provisions of...
  • § 90-143   Definitions of chiropractic; examinations; educational requirements
    (a) "Chiropractic" is herein defined to be the science of adjusting the cause of disease by realigning the spine, releasing pressure on nerves radiating from...
  • § 90-143.1   Applicants licensed in other states
    If an applicant for licensure is already licensed in another state to practice chiropractic, the Board shall issue a license to practice chiropractic to the...
  • § 90-143.2   Certification of diagnostic imaging technicians
    (a) The State Board of Chiropractic Examiners shall certify the competence of any person employed by a licensed chiropractor practicing in the State if the...
  • § 90-143.3   Criminal record checks of applicants for licensure
    (a) Any person applying for licensure as a chiropractic physician in this State shall provide to the Board a fingerprint card in a format acceptable...
  • § 90-144   Meetings of Board of Examiners
    The North Carolina Board of Chiropractic Examiners shall meet at least once a year at such time and place as said Board shall determine at...
  • § 90-145   Grant of license
    The Board of Chiropractic Examiners shall grant to each applicant who is found to be competent, upon examination, a license authorizing him or her to...
  • § 90-146   Graduates from other states
    A graduate of a regular chiropractic school who comes into this State from another state may be granted a license by the Board of Examiners...
  • § 90-147   Practice without license a misdemeanor; injunctions
    Any person practicing chiropractic in this State without possessing a license as provided in this Article shall be guilty of a Class 1 misdemeanor. The...
  • § 90-148   Records of Board
    The secretary of the Board of Chiropractic Examiners shall keep a record of the proceedings of the Board, giving the name of each applicant for...
  • § 90-149   Application fee
    Each applicant shall pay the secretary of the Board a fee as prescribed and set by the Board which fee shall not be more than...
  • § 90-150   Repealed by Session Laws 1967, c. 218, s. 4
  • § 90-151   Extent and limitation of license
    Any person obtaining a license from the Board of Chiropractic Examiners shall have the right to practice the science known as chiropractic, in accordance with...
  • § 90-151.1   Selling nutritional supplements to patients
    A chiropractic physician may sell nutritional supplements at a chiropractic office to a patient as part of the patient's plan of treatment but may not...
  • § 90-152   Repealed by Session Laws 1967, c. 691, s. 59
  • § 90-153   Licensed chiropractors may practice in public hospitals
    A licensed chiropractor in this State may have access to and practice chiropractic in any hospital or sanitarium in this State that receives aid or...
  • § 90-154   Grounds for professional discipline
    (a) The Board of Chiropractic Examiners may impose any of the following sanctions, singly or in combination, when it finds that a practitioner or applicant...
  • § 90-154.1   Collection of certain fees prohibited
    (a) Any patient or any other person responsible for payment has the right to refuse to pay, cancel payment, or be reimbursed for payment for...
  • § 90-154.2   Unethical conduct
    Unethical conduct is defined as: (1) The over‑utilization or improper use, in the providing of treatment, physiological therapeutics, radiographics, or any other service not commensurate...
  • § 90-154.3   Acceptable care in the practice of chiropractic
    (a) It shall be unlawful for a doctor of chiropractic to examine, treat, or render any professional service to a patient that does not conform...
  • § 90-154.4   Enticements prohibited
    (a) For purposes of this section, an enticement is anything of monetary value offered by a chiropractor to a prospective patient as an incentive to...
  • § 90-155   Annual fee for renewal of license
    Any person practicing chiropractic in this State, in order to renew his license, shall, on or before the first Tuesday after the first Monday in...
  • § 90-156   Pay of Board and authorized expenditures
    Notwithstanding G.S. 93B‑5(a), the members of the Board of Chiropractic Examiners shall receive as compensation for their services a sum not to exceed two hundred...
  • § 90-157   Chiropractors subject to State and municipal regulations
    Chiropractors shall observe and be subject to all State and municipal regulations relating to the control of contagious and infectious diseases. (1917, c. 73, s....
  • § 90-157.1   Free choice by patient guaranteed
    No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service...
  • § 90-157.2   Chiropractor as expert witness
    A Doctor of Chiropractic, for all legal purposes, shall be considered an expert in his field and, when properly qualified, may testify in a court...
  • § 90-157.3   Ownership of chiropractic practices limited
    (a) Each partner in a partnership that is engaged in the practice of chiropractic shall be licensed under this Article. (b) Each general partner in...

Article 9 - Nurse Practice Act.

Article 9A - Nursing Practice Act.

  • § 90-171.19   Legislative findings
    The General Assembly of North Carolina finds that mandatory licensure of all who engage in the practice of nursing is necessary to ensure minimum standards...
  • § 90-171.20   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Board" means the North Carolina Board of Nursing. (2) "Health care provider" means any...
  • § 90-171.21   Board of Nursing; composition; selection; vacancies; qualifications; term of office; compensation
    (a) The Board shall consist of 14 members. Eight members shall be registered nurses. Three members shall be licensed practical nurses. Three members shall be...
  • § 90-171.22   Officers
    The officers of the Board shall be a chair, a vice‑chair, and any other officers the Board considers necessary. All officers shall be elected annually...
  • § 90-171.23   Duties, powers, and meetings
    (a) Meetings. The Board shall hold at least two meetings each year to transact its business. The Board shall adopt rules with respect to calling,...
  • § 90-171.24   Executive director
    The executive director shall perform the duties prescribed by the Board, serve as secretary/treasurer to the Board, and furnish a surety bond as provided in...
  • § 90-171.25   Custody and use of funds
    The executive director shall deposit in financial institutions designated by the Board as official depositories all fees payable to the Board. The funds shall be...
  • § 90-171.26   The Board may accept contributions, etc
    The Board may accept grants, contributions, devices, bequests, and gifts which shall be kept in a separate fund and shall be used by it to...
  • § 90-171.27   Expenses payable from fees collected by Board
    (a) All salaries, compensation, and expenses incurred or allowed for the purposes of carrying out this Article shall be paid by the Board exclusively out...
  • § 90-171.28   Nurses registered under previous law
    On June 30, 1981, any nurse who holds a license to practice nursing as a registered nurse or licensed practical nurse, issued by a competent...
  • § 90-171.29   Qualifications of applicants for examination
    In order to be eligible for licensure by examination, the applicant shall make a written application to the Board on forms furnished by the Board...
  • § 90-171.30   Licensure by examination
    At least twice each year the Board shall give an examination, at the time and place it determines, to applicants for licensure to practice as...
  • § 90-171.31   Reexamination
    Any applicant who fails to pass the first licensure examination may take subsequent examinations in accordance with the rules of the Board. (1981, c. 360,...
  • § 90-171.32   Qualifications for license as a registered nurse or a licensed practical nurse without examination
    The Board may, without examination, issue a license to an applicant who is duly licensed as a registered nurse or licensed practical nurse under the...
  • § 90-171.33   Temporary license
    (a) Until the implementation of the computer‑adaptive licensure examination, the Board may issue a nonrenewable temporary license to persons who are applying for licensure under...
  • § 90-171.34   Licensure renewal
    Every unencumbered license, except temporary license, issued under this Article shall be renewed for two years. On or before the date the current license expires,...
  • § 90-171.35   Reinstatement
    A licensee who has allowed license to lapse by failure to renew as herein provided may apply for reinstatement on a form provided by the...
  • § 90-171.36   Inactive list
    (a) When a licensee submits a request for inactive status, the Board shall issue to the licensee a statement of inactive status and shall place...
  • § 90-171.36A   Retired nurse status; reinstatement
    (a) After a registered nurse or a licensed practical nurse has retired, upon payment of the one‑time fee required by G.S. 90‑171.27(b), the Board may...
  • § 90-171.37   Revocation, discipline, suspension, probation, or denial of licensure
    The Board shall initiate an investigation upon receipt of information about any practice that might violate any provision of this Article or any rule or...
  • § 90-171.37A   Use of hearing committee and depositions
    (a) The Board, in its discretion, may designate in writing three or more of its members to conduct hearings as a hearing committee to take...
  • § 90-171.38   Standards for nursing programs
    (a) A nursing program may be operated under the authority of a general hospital, or an approved post‑secondary educational institution. The Board shall establish, revise,...
  • § 90-171.39   Approval
    The Board shall designate persons to survey proposed nursing programs, including the clinical facilities. The persons designated by the Board shall submit a written report...
  • § 90-171.40   Ongoing approval
    The Board shall review all nursing programs in the State at least every eight years or more often as considered necessary. If the Board determines...
  • § 90-171.41   Baccalaureate in nursing candidate credits
    Every graduate of a diploma or associate degree school of nursing in this State who has passed the registered nurse examination shall, upon admission to...
  • § 90-171.42   Continuing education programs
    (a) Upon request, the Board shall grant approval to continuing education programs upon a finding that the program offers an educational experience designed to enhance...
  • § 90-171.43   License required
    No person shall practice or offer to practice as a registered nurse or licensed practical nurse, or use the word "nurse" as a title for...
  • § 90-171.43A   Mandatory employer verification of licensure status
    (a) Before hiring a registered nurse or a licensed practical nurse in North Carolina, a health care facility shall verify that the applicant has a...
  • § 90-171.44   Prohibited acts
    It shall be a violation of this Article, and subject to action under G.S. 90‑171.37, for any person to: (1) Sell, fraudulently obtain, or fraudulently...
  • § 90-171.45   Violation of Article
    The violation of any provision of this Article, except G.S. 90‑171.47, shall be a Class 1 misdemeanor. (1981, c. 360, s. 1; 1993, c. 539,...
  • § 90-171.46   Injunctive authority
    The Board may apply to the superior court for an injunction to prevent violations of this Article or of any rules enacted pursuant thereto. The...
  • § 90-171.47   Reports: immunity from suit
    Any person who has reasonable cause to suspect misconduct or incapacity of a licensee or who has reasonable cause to suspect that any person is...
  • § 90-171.48   Criminal history record checks of applicants for licensure
    (a) Definitions. The following definitions shall apply in this section: (1) Applicant. A person applying for licensure as a registered nurse or licensed practical nurse...
  • § 90-171.49   Reserved for future codification purposes

Article 9B - Information and Financial Assistance for Nursing Students and Inactive Nurses.

Article 9C - Nurses Aides Registry Act.

Article 9D - Nursing Scholars Program.

Article 9E - Need-Based Nursing Scholarships.

Article 9F - North Carolina Center for Nursing.

Article 9G - Nurse Licensure Compact.

Article 9H - Graduate Nurse Scholarship Program for Faculty Production.

Article 10 - Midwives.

Article 10A - Practice of Midwifery.

  • § 90-178.1   Title
    This Article shall be known and may be cited as the Midwifery Practice Act. (1983, c. 897, s. 1.)
  • § 90-178.2   Definitions
    As used in this Article: (1) "Interconceptional care" includes but is not limited to: a. Family planning; b. Screening for cancer of the breast and...
  • § 90-178.3   Regulation of midwifery
    (a) No person shall practice or offer to practice or hold oneself out to practice midwifery unless approved pursuant to this Article. (b) A person...
  • § 90-178.4   Administration
    (a) The joint subcommittee of the North Carolina Medical Board and the Board of Nursing created pursuant to G.S. 90‑18.2 shall administer the provisions of...
  • § 90-178.5   Qualifications for approval
    In order to be approved by the joint subcommittee pursuant to this Article, a person shall: (1) Complete an application on a form furnished by...
  • § 90-178.6   Denial, revocation or suspension of approval
    (a) In accordance with the provisions of Chapter 150B, the joint subcommittee may deny, revoke or suspend approval when a person has: (1) Failed to...
  • § 90-178.7   Enforcement
    (a) The joint subcommittee may apply to the Superior Court of Wake County to restrain any violation of this Article. (b) Any person who violates...

Article 11 - Veterinarians.

  • § 90-179   Purpose of Article
    In order to promote the public health, safety, and welfare by safeguarding the people of this State against unqualified or incompetent practitioners of veterinary medicine,...
  • § 90-180   Title
    This Article shall be known as the North Carolina Veterinary Practice Act. (1973, c. 1106, s. 1.)
  • § 90-181   Definitions
    When used in this Article these words and phrases shall be defined as follows: (1) "Accredited school of veterinary medicine" means any veterinary college or...
  • § 90-181.1   Practice facility names and levels of service
    (a) In order to accurately inform the public of the levels of service offered, a veterinary practice facility shall use in its name one of...
  • § 90-182   North Carolina Veterinary Medical Board; appointment, membership, organization
    (a) In order to properly regulate the practice of veterinary medicine and surgery, there is established a Board to be known as the North Carolina...
  • § 90-183   Meeting of Board
    The Board shall meet at least four times per year at the time and place fixed by the Board. Other meetings may be called by...
  • § 90-184   Compensation of the Board
    In addition to such reimbursement for travel and other expenses as is normally allowed to State employees, each member of the Board, for each day...
  • § 90-185   General powers of the Board
    The Board may: (1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in the State. (2) Issue,...
  • § 90-186   Special powers of the Board
    In addition to the powers set forth in G.S. 90‑185 above, the Board may: (1) Fix minimum standards for continuing veterinary medical education for veterinarians...
  • § 90-187   Application for license; qualifications
    (a) Any person desiring a license to practice veterinary medicine in this State shall make written application to the Board. (b) The application shall show...
  • § 90-187.1   Examinations
    The Board shall hold at least one examination during each year and may hold such additional examinations as may appear necessary. The executive director shall...
  • § 90-187.2   Status of persons previously licensed
    Any person holding a valid license to practice veterinary medicine in this State on July 1, 1974, shall be recognized as a licensed veterinarian and...
  • § 90-187.3   Applicants licensed in other states
    (a) The Board may issue a license without written examination, other than the written North Carolina license examination, to applicants already licensed in another state...
  • § 90-187.4   Temporary permit
    (a) The Board may issue, without examination, a temporary permit to practice veterinary medicine in this State: (1) To a qualified applicant for license pending...
  • § 90-187.5   License renewal
    All licenses and limited licenses shall expire annually or biennially, as determined by the Board, on December 31 but may be renewed by application to...
  • § 90-187.6   Veterinary technicians and veterinary employees
    (a) "Veterinary technicians," "veterinary student interns," and "veterinary student preceptees," before performing any services otherwise prohibited to persons not licensed or registered under this Article,...
  • § 90-187.7   Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined
    (a) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, which shall be unclaimed by its owner or...
  • § 90-187.8   Discipline of licensees
    (a) Upon complaint or information, and within the Board's discretion, the Board may revoke or suspend a license issued under this Article, may otherwise discipline...
  • § 90-187.9   Reinstatement
    Any person whose license is suspended or revoked may, at the discretion of the Board, be relicensed or reinstated at any time without an examination...
  • § 90-187.10   Necessity for license; certain practices exempted
    No person shall engage in the practice of veterinary medicine or own all or part interest in a veterinary medical practice in this State or...
  • § 90-187.11   Partnership, corporate, or sole proprietorship practice
    A veterinary medical practice may be conducted as a sole proprietorship, by a partnership, or by a duly registered professional corporation. Whenever the practice of...
  • § 90-187.12   Unauthorized practice; penalty
    If any person shall (1) Practice or attempt to practice veterinary medicine in this State without first having obtained a license or temporary permit from...
  • § 90-187.13   Injunctions
    The Board may appear in its own name in the superior courts in an action for injunctive relief to prevent violation of this Article and...
  • § 90-187.14   Veterinary faculty certificates and zoo veterinary certificates
    (a) The Board may, upon application, issue veterinary faculty certificates in lieu of a license that otherwise would be required by this Article. (b) The...
  • § 90-187.15   Board agreement for programs for impaired veterinary personnel
    (a) The Board may enter into agreements with organizations that have developed programs for impaired veterinary personnel. Activities to be covered by these agreements may...

Article 12 - Podiatrists.

Article 12A - Podiatrists.

  • § 90-202.2   'Podiatry' defined
    (a) Podiatry as defined by this Article is the surgical, medical, or mechanical treatment of all ailments of the human foot and ankle, and their...
  • § 90-202.3   Unlawful to practice unless registered
    No person shall practice podiatry unless he shall have been first licensed and registered so to do in the manner provided in this Article, and...
  • § 90-202.4   Board of Podiatry Examiners; terms of office; powers; duties
    (a) There shall be established a Board of Podiatry Examiners for the State of North Carolina. This Board shall consist of four members appointed by...
  • § 90-202.5   Applicants to be examined; examination fee; requirements; temporary licenses
    (a) Any person not heretofore authorized to practice podiatry in this State shall file with the Board of Podiatry Examiners an application for examination accompanied...
  • § 90-202.6   Examinations; subjects; certificates
    (a) The Board of Podiatry Examiners shall hold at least one examination annually for the purpose of examining applicants under this Article. The examination shall...
  • § 90-202.7   Applicants licensed in other states
    If an applicant for licensure is already licensed in another state to practice podiatry, the Board shall issue a license to practice podiatry to the...
  • § 90-202.8   Revocation of certificate; grounds for; suspension of certificate
    (a) The North Carolina State Board of Podiatry Examiners, in accordance with Chapter 150B (Administrative Procedure Act) of the General Statutes, shall have the power...
  • § 90-202.9   Fees for certificates and examinations; compensation of Board
    To provide a fund in order to carry out the provisions of this Article the Board shall charge not more than one hundred dollars ($100.00)...
  • § 90-202.10   Annual fee; cancellation or renewal of license
    On or before the first day of July of each year every podiatrist engaged in the practice of podiatry in this State shall transmit to...
  • § 90-202.11   Continuing education courses required
    Beginning May 1, 1976, all registered podiatrists then or thereafter licensed in the State of North Carolina shall be required to take annual courses of...
  • § 90-202.12   Free choice by patient guaranteed
    No agency of the State, county or municipality, nor any commission or clinic, nor any board administering relief, social security, health insurance or health service...
  • § 90-202.13   Injunctions
    The Board may appear in its own name in the superior courts in an action for injunctive relief to prevent violation of this Article and...
  • § 90-202.14   Not applicable to physicians
    Nothing in this Article shall apply to a physician licensed to practice medicine or to a person acting under the supervision or at his direction...

Article 13 - Embalmers and Funeral Directors.

Article 13A - Practice of Funeral Service.

  • § 90-210.18   Repealed by Session Laws 2004-192, s. 1, effective January 1, 2005
  • § 90-210.18A   Board of Funeral Service created; qualifications; vacancies; removal
    (a) The General Assembly declares that the practice of funeral service affects the public health, safety, and welfare and is subject to regulation and control...
  • § 90-210.19   Board members' oath of office
    The members of said Board, before entering upon their duties, shall take and subscribe to the oath of office prescribed for other State officers, which...
  • § 90-210.20   Definitions
    (a) "Advertisement" means the publication, dissemination, circulation or placing before the public, or causing directly or indirectly to be made, published, disseminated or placed before...
  • § 90-210.21   Repealed by Session Laws 1987, c. 430, s. 3
  • § 90-210.22   Required meetings of the Board
    The Board shall hold at least four meetings in each year. In addition, the Board may meet as often as the proper and efficient discharge...
  • § 90-210.23   Powers and duties of the Board
    (a) The Board is authorized to adopt and promulgate such rules and regulations for transaction of its business and for the carrying out and enforcement...
  • § 90-210.24   Inspector
    (a) The Board may appoint one or more agents who shall serve at the pleasure of the Board and who shall have the title "Inspector...
  • § 90-210.25   Licensing
    (a) Qualifications, Examinations, Resident Traineeship and Licensure. (1) To be licensed for the practice of funeral directing under this Article, a person must: a. Be...
  • § 90-210.25A   Recodified as G.S. 65-77 by Session Laws 2003-420, s. 8(b), effective October 1, 2003
  • § 90-210.26   Good moral character
    Evidence of good moral character may be shown by the affidavits of three persons who have been acquainted with the applicant for three years immediately...
  • § 90-210.27   Repealed by Session Laws 1987, c. 430, s. 12
  • § 90-210.27A   Funeral establishments
    (a) Every funeral establishment shall contain a preparation room which is strictly private, of suitable size for the embalming of dead bodies. Each preparation room...
  • § 90-210.28   Fees
    The Board may set and collect fees, not to exceed the following amounts: Establishment permit Application ........................................................................................ $400.00 Annual renewal ................................................................................. 250.00 Late renewal .........................................................................................
  • § 90-210.29   Students
    (a) Students who are enrolled in duly accredited mortuary science colleges in North Carolina may engage in the practices defined in this Article if the...
  • § 90-210.29A   Identification of bodies before burial or cremation
    The funeral director or person otherwise responsible for the final disposition of a dead body shall, prior to the interment or entombment of the dead...
  • § 90-210.29B   Examination scores not public record
    The examination scores of applicants for licensure shall not be subject to the provisions of Chapter 132 of the General Statutes. The Board shall release...

Article 13B - Funeral and Burial Trust Funds.

Article 13C - Cremations.

Article 13D - Preneed Funeral Funds.

  • § 90-210.60   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Board" means the North Carolina Board of Funeral Service as created pursuant to Article...
  • § 90-210.61   Deposit or application of preneed funeral funds
    (a) Preneed funeral funds are subject to the provisions of this Article and shall be deposited or applied as follows: (1) If the preneed funeral...
  • § 90-210.62   Types of preneed funeral contracts; forms
    (a) A preneed licensee may offer standard preneed funeral contracts and inflation‑proof preneed funeral contracts. A standard preneed funeral contract applies the trust funds or...
  • § 90-210.63   Substitution of licensee
    (a) If the preneed funeral contract is irrevocable, the preneed funeral contract purchaser, or after his death the preneed funeral contract beneficiary or his legal...
  • § 90-210.63A   Amendment of preneed funeral contracts
    (a) Unless otherwise provided by this Article, preneed funeral contracts may be modified by mutual consent of the contracting preneed funeral establishment and the preneed...
  • § 90-210.64   Death of preneed funeral contract beneficiary; disposition of funds
    (a) After the death of a preneed funeral contract beneficiary and full performance of the preneed funeral contract by the preneed licensee, the preneed licensee...
  • § 90-210.65   Refund of preneed funeral funds
    (a) Within 30 days of receipt of a written request from the purchaser of a revocable preneed funeral contract who has trust funds deposited with...
  • § 90-210.66   Recovery fund
    (a) There is established the Preneed Recovery Fund. The Fund shall be administered by the Board. The purpose of the Fund is to reimburse purchasers...
  • § 90-210.67   Application for license
    (a) No person may offer or sell preneed funeral contracts or offer to make or make any funded funeral prearrangements without first securing a license...
  • § 90-210.68   Licensee's books and records; notice of transfers, assignments and terminations
    (a) Every preneed licensee shall keep for examination by the Board accurate accounts, books, and records in this State of all preneed funeral contract and...
  • § 90-210.69   Rulemaking; enforcement of Article; judicial review; determination of penalty amount
    (a) The Board is authorized to adopt rules for the carrying out and enforcement of the provisions of this Article. The Board may perform such...
  • § 90-210.70   Penalties
    (a) Anyone who embezzles or who fraudulently, or knowingly and willfully misapplies, or in any manner converts preneed funeral funds to his own use, or...
  • § 90-210.71   Nonregulation of insurance sales
    The provisions of this Article do not regulate the issuance and sale of insurance policies, but apply only to the underlying preneed funeral contracts. (1991...
  • § 90-210.72   Nonapplication to certain funeral contracts
    This Article does not apply to contracts for funeral services or merchandise sold as preneed burial insurance policies pursuant to Part 13 of Article 10...
  • § 90-210.73   Not public record
    The names and addresses of the purchasers and beneficiaries of preneed funeral contracts filed with the Board shall not be subject to Chapter 132 of...
  • § 90-210.74 through 90-210.79   Reserved for future codification purposes

Article 13E - Mutual Burial Associations.

Article 13F - Cremations.

  • § 90-210.120   Short title
    This Article shall be known and may be cited as the North Carolina Crematory Act. (1989 (Reg. Sess., 1990), c. 988, s. 1; 2003‑420, s.
  • § 90-210.121   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Authorizing agent" means a person legally entitled to authorize the cremation of human remains...
  • § 90-210.122   Crematory Authority established
    (a) The North Carolina Crematory Authority is established as a Committee within the Board. The Crematory Authority shall suggest rules to the Board for the...
  • § 90-210.123   Licensing and inspection
    (a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity may erect,...
  • § 90-210.124   Authorizing agent
    (a) The following person, in the priority list below, shall have the right to serve as an "authorizing agent": (1) An individual at least 18...
  • § 90-210.125   Authorization to cremate
    (a) A crematory licensee shall not cremate human remains until it has received a cremation authorization form signed by an authorizing agent. The cremation authorization...
  • § 90-210.126   Preneed cremation arrangements
    (a) Any person, on a preneed basis, may authorize the person's own cremation and the final disposition of the person's cremated remains by executing, as...
  • § 90-210.127   Record keeping
    (a) The crematory licensee shall furnish to the person who delivers such human remains to the crematory licensee a receipt, signed by both the crematory...
  • § 90-210.128   Cremation containers
    (a) No crematory licensee shall make or enforce any rules requiring that any human remains be placed in a casket before cremation or that human...
  • § 90-210.129   Cremation procedures
    (a) In deaths certified by the attending physician, the body shall not be cremated before the crematory licensee receives a death certificate signed by the...
  • § 90-210.130   Final disposition of cremated remains
    (a) The authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the ultimate disposition of the cremated...
  • § 90-210.131   Limitation of liability
    (a) Any person signing a cremation authorization form as authorizing agent shall be deemed to warrant the truthfulness of any facts set forth in the...
  • § 90-210.132   Fees
    (a) The Board may set and collect fees not to exceed the following amounts from crematory licensees, crematory manager permit holders, and applicants: (1).... Licensee...
  • § 90-210.133   Crematory licensee rights
    (a) A crematory licensee may adopt reasonable rules consistent with this Article for the management and operation of a crematory. Nothing in this subsection may...
  • § 90-210.134   Rulemaking, applicability, violations, and prohibitions of Article
    (a) The Board is authorized to adopt and promulgate such rules for the carrying out and enforcement of the provisions of this Article as may...
  • § 90-210.135   Cremation societies
    No person, firm, or corporation licensed as a crematory under the provisions of this Article may operate a cremation society without first registering the name...

Article 14 - Cadavers for Medical Schools.

Article 14A - Bequest of Body or Part Thereof.

Article 14B - Disposition of Unclaimed Bodies.

Article 14C - Final Disposition or Transportation of Deceased Migrant Farm Workers and Their Dependents.

Article 15 - Autopsies.

Article 15A - Uniform Anatomical Gift Act.

Article 15B - Blood Banks.

  • § 90-220.12   Supervision of licensed physician required; penalty for violation
    It shall be unlawful for any person, firm or corporation to engage in the selection of blood donors or in the collection, storage, processing, or...
  • § 90-220.13   Selection of donors; due care required
    In the selection of donors due care shall be exercised to minimize the risks of transmission of agents that may cause hepatitis or other diseases....
  • § 90-220.14   Inapplicability
    Nothing in this Article shall be construed to affect the provisions of G.S. 20‑16.2 and G.S. 20‑139.1. (1971, c. 938.)

Article 16 - Dental Hygiene Act.

  • § 90-221   Definitions
    (a) "Dental hygiene" as used in this Article shall mean the performance of the following functions: Complete oral prophylaxis, application of preventive agents to oral...
  • § 90-222   Administration of Article
    The Board is hereby vested with the authority and is charged with the duty of administering the provisions of this Article. (1945, c. 639, s.
  • § 90-223   Powers and duties of Board
    (a) The Board is authorized and empowered to: (1) Conduct examinations for licensure, (2) Issue licenses and provisional licenses, (3) Issue annual renewal certificates, (4)...
  • § 90-224   Examination
    (a) The applicant for licensure must be of good moral character, have graduated from an accredited high school or hold a high school equivalency certificate...
  • § 90-224.1   Licensure by credentials
    (a) The Board may issue a license by credentials to an applicant who has been licensed to practice dental hygiene in any state or territory...
  • § 90-225   License issue and display
    (a) The Board shall issue licenses to examinees who pass the Board's examination. (b) The Board shall determine: (1) The method and time of notifying...
  • § 90-225.1   Continuing education courses required
    All dental hygienists licensed under G.S. 90‑225 shall be required to attend Board‑approved courses of study in subjects relating to dental hygiene. The Board shall...
  • § 90-226   Provisional license
    (a) The North Carolina State Board of Dental Examiners shall, subject to its rules and regulations, issue a provisional license to practice dental hygiene to...
  • § 90-227   Renewal certificates
    (a) The Board shall issue annual renewal certificates to licensed dental hygienists. (b) The Board shall have the authority to establish in its rules and...
  • § 90-228   Renewal of license
    The Board shall have the authority to renew the license of a dental hygienist who fails to obtain a renewal certificate for any year provided...
  • § 90-229   Disciplinary measures
    (a) The North Carolina State Board of Dental Examiners shall have the power and authority to (i) Refuse to issue a license to practice dental...
  • § 90-230   Certificate upon transfer to another state
    Any dental hygienist duly licensed by the North Carolina State Board of Dental Examiners, desiring to move from North Carolina to another state, territory or...
  • § 90-231   Opportunity for licensee or applicant to have hearing
    (a) With the exception of applicants for reinstatement after revocation, every applicant for a license or provisional license to practice dental hygiene or licensee or...
  • § 90-232   Fees
    (a) In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina...
  • § 90-233   Practice of dental hygiene
    (a) A dental hygienist may practice only under the supervision of one or more licensed dentists. This subsection shall be deemed to be complied with...
  • § 90-233.1   Violation a misdemeanor
    Any person who shall violate, or aid or abet another in violating, any of the provisions of this Article shall be guilty of a Class...

Article 17 - Dispensing Opticians.

  • § 90-234   Necessity for certificate of registration
    On and after the first day of July, 1951, no person or combination of persons shall for pay, or reward, either directly or indirectly, practice...
  • § 90-235   Definition
    Within the meaning of the provisions of this Article, the term "dispensing optician" defines one who prepares and dispenses lenses, spectacles, eyeglasses and/or appurtenances thereto...
  • § 90-236   What constitutes practicing as a dispensing optician
    Any one or combination of the following practices when done for pay or reward shall constitute practicing as a dispensing optician: Interpreting prescriptions issued by...
  • § 90-236.1   Requirements for filling contact lens prescriptions
    No person, firm or corporation licensed or registered under this Article shall fill a prescription or dispense lenses, other than spectacle lenses, unless the prescription...
  • § 90-237   Qualifications for dispensing opticians
    In order to be issued a license as a registered licensed optician by the North Carolina State Board of Opticians, the applicant: (1) Shall not...
  • § 90-238   North Carolina State Board of Opticians created; appointment and qualification of members
    The North Carolina State Board of Opticians is created. The Board's duty is to carry out the purposes and enforce the provisions of this Article....
  • § 90-239   Organization, meetings and powers of Board
    Within 30 days after appointment of the Board, the Board shall hold its first regular meeting, and at said meeting and annually thereafter shall choose...
  • § 90-240   Examination
    (a) Applicants to take the examination for dispensing opticians shall be high school graduates or the equivalent who: (1) Have successfully completed a two‑year course...
  • § 90-241   Waiver of written examination requirements
    (a) The Board shall grant a license without examination to any applicant who: (1) Is at least 18 years of age. (2) Is of good...
  • § 90-242   Repealed by Session Laws 1981, c. 600, s. 10
  • § 90-243   Registration of places of business, apprentices
    The Board may adopt rules requiring, as a condition of dispensing, the registration of places of business where ophthalmic dispensing is engaged in, and for...
  • § 90-244   Display, use, and renewal of license of registration
    (a) Every person to whom a license has been granted under this Article shall display the same in a conspicuous part of the office or...
  • § 90-245   Collection of fees
    The secretary to the Board is hereby authorized and empowered to collect in the name and on behalf of this Board the fees prescribed by...
  • § 90-246   Fees
    In order to provide the means of administering and enforcing the provisions of this Article and the other duties of the North Carolina State Board...
  • § 90-247   Repealed by Session Laws 1981, c. 600, s. 14
  • § 90-248   Compensation and expenses of Board members and secretary
    Each member of the Board shall receive for his or her services for time actually in attendance upon Board meetings and affairs of the Board...
  • § 90-249   Powers of the Board
    (a) The Board shall have the power to make rules, not inconsistent with this Article and the laws of the State of North Carolina, with...
  • § 90-249.1   Disciplinary actions
    (a) The Board may suspend, revoke, or refuse to issue, renew, or reinstate any license for any of the following: (1) Offering to practice or...
  • § 90-250   Sale of optical glasses
    No optical glass or other kindred products or instruments of vision shall be dispensed, ground or assembled in connection with a given formula prescribed by...
  • § 90-251   Licensee allowing unlicensed person to use his certificate or license
    Each licensee licensed under the provisions of this Article who shall rent, loan or allow the use of his registration certificate or license to an...
  • § 90-252   Engaging in practice without license
    Any person, firm or corporation owning, managing or conducting a store, shop or place of business and not having in its employ and on duty,...
  • § 90-253   Exemptions from Article
    Nothing in this Article shall be construed to apply to optometrists, or physicians trained in ophthalmology who are authorized to practice under the laws of...
  • § 90-254   General penalty for violation
    Any person, firm or corporation who shall violate any provision of this Article for which no other penalty has been provided shall, upon conviction, be...
  • § 90-255   Rebates
    It shall be unlawful for any person, firm or corporation to offer or give any gift or premium or discount, directly or indirectly, or in...
  • § 90-255.1   Sale of flammable frames
    No person shall distribute, sell, exchange or deliver, or have in his possession with intent to distribute, sell, exchange or deliver any eyeglass frame or...

Article 18 - Physical Therapy.

Article 18A - Psychology Practice Act.

Article 18B - Physical Therapy.

  • § 90-270.24   Definitions
    In this Article, unless the context otherwise requires, the following definitions shall apply: (1) "Board" means the North Carolina Board of Physical Therapy Examiners. (2)...
  • § 90-270.25   Board of Examiners
    The North Carolina Board of Physical Therapy Examiners is hereby created. The Board shall consist of eight members, including one medical doctor licensed and residing...
  • § 90-270.26   Powers of the Board
    The Board shall have the following general powers and duties: (1) Examine and determine the qualifications and fitness of applicants for a license to practice...
  • § 90-270.27   Records to be kept; copies of record
    The Board shall keep a record of proceedings under this Article and a record of all persons licensed under it. The record shall show the...
  • § 90-270.28   Disposition of funds
    All fees and other moneys collected and received by the Board shall be used for the purposes of implementing this Article. The financial records of...
  • § 90-270.29   Qualifications of applicants for examination; application; fee
    Any person who desires to be licensed under this Article and who: (1) Is of good moral character; (2) If an applicant for physical therapy...
  • § 90-270.30   Licensure of foreign-trained physical therapists
    Any person who has been trained as a physical therapist in a foreign county [country] and desires to be licensed under this Article and who:...
  • § 90-270.31   Certificates of licensure
    (a) The Board shall furnish a certificate of licensure to each applicant successfully passing the examination for licensure as a physical therapist or physical therapist...
  • § 90-270.32   Renewal of license; lapse; revival
    (a) Every licensed physical therapist or physical therapist assistant shall, during the month of January of every year, apply to the Board for a renewal...
  • § 90-270.33   Fees
    The Board may collect fees established by its rules, but those fees shall not exceed the following schedule for the specified items: (1)...... Each application...
  • § 90-270.34   Exemptions from licensure; certain practices exempted
    (a) The following persons shall be permitted to practice physical therapy or assist in the practice in this State without obtaining a license under this...
  • § 90-270.35   Unlawful practice
    Except as otherwise authorized in this Article, if any person, firm, or corporation shall: (1) Practice, attempt to practice, teach, consult, or supervise in physical...
  • § 90-270.36   Grounds for disciplinary action
    Grounds for disciplinary action shall include but not be limited to the following: (1) The employment of fraud, deceit or misrepresentation in obtaining or attempting...
  • § 90-270.37   Enjoining illegal practices
    (a) The Board may, if it finds that any person is violating any of the provisions of this Article, apply in its own name to...
  • § 90-270.38   Title
    This Article may be cited as the "Physical Therapy Practice Act". (1951, c. 1131, s. 15; 1969, c. 556; 1979, c. 487; 1985, c. 701,...
  • § 90-270.39   Osteopaths, chiropractors, and podiatrists not restricted
    Nothing in this Article shall restrict the use of physical therapy modalities by licensed osteopaths, chiropractors, or podiatrists, in the lawful practice of their professions;...
  • § 90-270.40 through 90-270.44   Reserved for future codification purposes

Article 18C - Marriage and Family Therapy Licensure.

  • § 90-270.45   Title of Article
    This Article shall be known as the "Marriage and Family Therapy Licensure Act." (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg....
  • § 90-270.46   Policy and purpose
    Marriage and family therapy in North Carolina is a professional practice that affects the public safety and welfare and requires appropriate licensure and control in...
  • § 90-270.47   Definitions
    As used in this Article, unless the context clearly requires a different meaning: (1) "Allied mental health field" and "degree" mean: a. Master's or doctoral...
  • § 90-270.48   Prohibited acts
    Except as specifically provided elsewhere in this Article, it is unlawful for a person not licensed as a marriage and family therapist under this Article...
  • § 90-270.48A   Exemptions
    (a) This Article does not prevent members of the clergy or licensed, certified, or registered members of professional groups recognized by the Board from advertising...
  • § 90-270.48B   Repealed by Session Laws 2003-117, s. 2, effective October 1, 2003, and applicable to claims for payment or reimbursement for services rendered on or after that date
  • § 90-270.49   North Carolina Marriage and Family Therapy Licensure Board
    (a) Establishment. There is established as an agency of the State of North Carolina the North Carolina Marriage and Family Therapy Licensure Board, which shall...
  • § 90-270.50   Appointment and qualification of Board members
    (a) Nominations for Appointment. The Governor shall appoint members of the Board only from among the candidates who meet the following qualifications: (1) Four members...
  • § 90-270.51   Powers and duties
    (a) The Board shall administer and enforce this Article. (b) Subject to the provisions of Chapter 150B of the General Statutes, the Board may adopt,...
  • § 90-270.52   License application
    (a) Each person desiring to obtain a license under this Article shall apply to the Board upon the form and in the manner prescribed by...
  • § 90-270.53   Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 564, s. 2
  • § 90-270.54   Requirements for license
    (a) Each applicant shall be issued a license by the Board if the applicant meets the qualifications set forth in G.S. 90‑270.52(a) and provides satisfactory...
  • § 90-270.55   Examinations
    The Board shall conduct an examination at least once a year at a time and place designated by the Board. Examinations may be written, oral,...
  • § 90-270.55A   Temporary license
    The Board shall issue a nonrenewable temporary license to a person applying for licensure under G.S. 90‑270.54 for a period not to exceed the lesser...
  • § 90-270.56   Reciprocal licenses
    The Board shall issue a license by reciprocity to any person who applies for the license as prescribed by the Board and who is licensed...
  • § 90-270.57   Fees
    In order to fund the Board's activities under this Article, the Board may charge and collect fees not exceeding the following: (1) Each license examination...
  • § 90-270.58   Renewal of license
    All licenses issued under this Article shall expire automatically on the first day of July of each year. The Board shall renew a license upon...
  • § 90-270.58A   Reinstatement after expiration
    A person whose license has expired may have the license reinstated as prescribed by the Board. The Board shall charge and collect a fee for...
  • § 90-270.58B   Inactive status
    (a) A person who holds a valid and unexpired license and who is not actively engaged in the practice of marriage and family therapy may...
  • § 90-270.58C   Continuing education requirements
    The Board shall prescribe continuing education requirements for licensees. These requirements shall be designed to maintain and improve the quality of professional services in marriage...
  • § 90-270.59   Disposition of funds
    All moneys received by the Board shall be used to implement this Article. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg....
  • § 90-270.60   Denial, revocation, or suspension of license
    (a) Grounds for Denial, Revocation, or Suspension. The Board may deny, revoke, or suspend a license granted pursuant to this Article on any of the...
  • § 90-270.61   Penalties
    Any person not licensed as a marriage and family therapist under this Article who engages in the practice of marriage and family therapy, or holds...
  • § 90-270.62   Injunction
    As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person without a valid license from violating the...
  • § 90-270.63 through 90-270.64   Reserved for future codification purposes

Article 18D - Occupational Therapy.

  • § 90-270.65   Title
    This Article shall be known as the "North Carolina Occupational Therapy Practice Act." (1983 (Reg. Sess., 1984), c. 1073, s. 1.)
  • § 90-270.66   Declaration of purpose
    The North Carolina Occupational Therapy Practice Act is enacted to safeguard the public health, safety and welfare, to protect the public from being harmed by...
  • § 90-270.67   Definitions
    As used in this Article, unless the context clearly requires a different meaning: (1) Accrediting body. The Accrediting Council for Occupational Therapy Education. (1a) Board....
  • § 90-270.68   Establishment of Board, terms, vacancies, removal, meetings, compensation
    (a) Establishment of Board. The North Carolina Board of Occupational Therapy is created. The Board shall consist of seven members who are appointed by the...
  • § 90-270.69   Powers and duties of the Board
    The Board shall have the following powers and duties: (1) Establish and determine the qualifications and fitness of applicants for licensure to practice occupational therapy...
  • § 90-270.70   Requirements for licensure
    (a) Any individual who desires to be licensed as an occupational therapist or occupational therapy assistant shall file a written application with the Board on...
  • § 90-270.71   Repealed by Session Laws 2005-432, s. 6, effective September 22, 2005
  • § 90-270.72   Exemption from requirements
    The Board may exempt an applicant from certain licensure requirements if the applicant presents proof satisfactory to the Board of current licensure as an occupational...
  • § 90-270.73   Issuance of license
    (a) The Board shall issue a license to any individual who meets the requirements of this Article upon payment of the license fee prescribed in...
  • § 90-270.74   Expired
  • § 90-270.75   Renewal of license
    (a) Licenses issued under this Article shall be subject to annual renewal upon completion of continuing education and competency requirements as may be required by...
  • § 90-270.76   Suspension, revocation and refusal to renew license
    (a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license...
  • § 90-270.77   Fees
    The Board shall adopt and publish, in the manner established by its rules and regulations, fees reasonably necessary to cover the cost of services rendered...
  • § 90-270.78   False representation of license prohibited
    (a) It is unlawful for any person who is not licensed in accordance with this Article or whose license has been suspended, revoked or not...
  • § 90-270.79   Violation a misdemeanor
    Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor. Each act of such unlawful practice shall constitute...
  • § 90-270.80   Injunctions
    The Board may make application to any appropriate court for an order enjoining violations of this Article, and upon a showing by the Board that...
  • § 90-270.80A   Civil penalties, disciplinary costs
    (a) Authority to Assess Civil Penalties. The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of...
  • § 90-270.81   Persons and practices not affected
    Nothing in this Article shall be construed to prevent or restrict: (1) Any person registered, certified, credentialed, or licensed to engage in another profession or...

Article 19 - Sterilization Operations.

Article 20 - Nursing Home Administrator Act.

  • § 90-275.1   Title
    This Article shall be known and may be cited as the "Nursing Home Administrator Act." (1969, c. 843, s. 1.)
  • § 90-276   Definitions
    For the purposes of this Article and as used herein: (1) "Administrator‑in‑training" means an individual registered with the Board who serves a training period under...
  • § 90-277   Composition of Board
    There is created the State Board of Examiners for Nursing Home Administrators. The Board shall consist of seven members. The seven members shall be voting...
  • § 90-278   Qualifications for licensure
    The Board shall have authority to issue licenses to qualified persons as nursing home administrators, and shall establish qualification criteria for such nursing home administrators....
  • § 90-279   Licensing function
    The Board shall license nursing home administrators in accordance with rules and regulations issued and from time to time revised by it. A nursing home...
  • § 90-280   Fees; display of license; duplicate license; inactive list
    (a) Each applicant for an examination administered by the Board and each applicant for an administrator‑in‑training program shall pay a processing fee set by the...
  • § 90-281   Collection of funds
    All fees and other moneys collected and received by the Board shall be handled as provided by law and as prescribed by the State Treasurer....
  • § 90-282   Repealed by Session Laws 1981, c. 722, s. 8, effective July 1, 1981
  • § 90-283   Organization of Board; compensation; employees and services
    The Board shall elect from its membership a chairman, vice‑chairman and secretary, and shall adopt rules and regulations to govern its proceedings. Board members shall...
  • § 90-284   Exclusive jurisdiction of Board
    The Board shall have exclusive authority to determine the qualifications, skill and fitness of any person to serve as an administrator of a nursing home...
  • § 90-285   Functions and duties of the Board
    The Board shall meet at least once annually in Raleigh or any other location designated by the chairman and shall have the following functions and...
  • § 90-285.1   Suspension, revocation or refusal to issue a license
    The Board may suspend, revoke, or refuse to issue a license or may reprimand or otherwise discipline a licensee after due notice and an opportunity...
  • § 90-286   Renewal of license
    Every holder of a nursing home administrator's license shall renew it biennially by application to the Board. The Board shall grant renewals when the applicant...
  • § 90-287   Reciprocity with other states
    The Board may issue a nursing home administrator's license, without examination, to any person who holds a current license as a nursing home administrator from...
  • § 90-288   Misdemeanor
    It shall be unlawful and constitute a Class 1 misdemeanor, (1) For any person to act or serve in the capacity as, or hold himself...
  • § 90-288.01 through 90-288.09   Reserved for future codification purposes

Article 20A - Assisted Living Administrator Act.

  • § 90-288.10   Title
    This Article shall be known as the Assisted Living Administrator Act. (1999‑443, s. 1.)
  • § 90-288.11   Purpose
    The administrators of assisted living residences are responsible for the residents who require daily care to attend to their physical, mental, and emotional needs. Therefore,...
  • § 90-288.12   Certification required; exemptions
    (a) No person shall perform or offer to perform services as an assisted living administrator unless the person has been certified under the provisions of...
  • § 90-288.13   Definitions
    The following definitions apply in this Article: (1) Administrator‑in‑training. An individual who serves a training period under the supervision of an approved preceptor. (2) Assisted...
  • § 90-288.14   Assisted living administrator certification
    An applicant shall be certified by the Department as an assisted living administrator if the applicant meets all of the following qualifications: (1) Is at...
  • § 90-288.15   Issuance, renewal, and replacement of certificates
    (a) The Department shall issue a certificate to any applicant who has satisfactorily met the requirements of this Article. The certificate shall show the full...
  • § 90-288.16   Certification by reciprocity
    The Department may grant, upon application, a certificate to a person who holds a valid certificate as an assisted living community administrator issued by another...
  • § 90-288.17   Posting certificates
    Every person issued a certificate under this Article shall display the certificate prominently in the assisted living residence where the person works. (1999‑443, s. 1.)
  • § 90-288.18   Adverse action on a certificate
    (a) Subject to subsection (b) of this section, the Department shall have the authority to deny a new or renewal application for a certificate, and...
  • § 90-288.19   Reporting requirement
    The holder of a facility license issued pursuant to G.S. 131D‑2 shall report any incidents of suspected abuse, neglect, or exploitation of persons residing in...
  • § 90-288.20   Penalties
    A person who serves as an assisted living administrator without first obtaining a certificate from the Department is guilty of a Class 1 misdemeanor. Each...

Article 21 - Determination of Need for Medical Care Facilities.

Article 22 - Licensure Act for Speech and Language Pathologists and Audiologists.

  • § 90-292   Declaration of policy
    It is declared to be a policy of the State of North Carolina that, in order to safeguard the public health, safety, and welfare; to...
  • § 90-293   Definitions
    As used in this Article, unless the context otherwise requires: (1) "Audiologist" means any person who engages in the practice of audiology. A person is...
  • § 90-294   License required; Article not applicable to certain activities
    (a) Licensure shall be granted in either speech and language pathology or audiology independently. A person may be licensed in both areas if qualified in...
  • § 90-295   Qualifications of applicants for permanent licensure
    (a) To be eligible for permanent licensure by the Board as a speech and language pathologist, the applicant must: (1) Possess at least a master's...
  • § 90-296   Examinations
    (a) An applicant for permanent licensure who has satisfied the academic requirements of G.S. 90‑295, shall pass a written examination approved or established by the...
  • § 90-297   Repealed by Session Laws 1987, c. 665, s. 5
  • § 90-298   Qualifications for applicants for temporary licensure
    (a) To be eligible for temporary licensure an applicant must: (1) Meet the academic and clinical practicum requirements of G.S. 90‑295(1), (2), and (3); and...
  • § 90-298.1   Registered assistant
    A licensed speech and language pathologist or a licensed audiologist may register with the Board an assistant who works under the licensee's supervision if all...
  • § 90-299   Licensee to notify Board of place of practice
    (a) A person who holds a license shall notify the Board in writing of the address of the place or places where he engages or...
  • § 90-300   Renewal of licenses
    A licensee shall annually pay to the Board a fee in an amount established by the General Assembly for a renewal of his license. A...
  • § 90-301   Grounds for suspension or revocation of license
    Any person licensed under this Article may have his license revoked or suspended for a fixed period by the Board under the provisions of North...
  • § 90-301A   Unethical acts and practices
    Unethical acts and practices shall be defined as including: (1) Obtaining or attempting to obtain any fee by fraud or misrepresentation. (2) Employing directly or...
  • § 90-302   Prohibited acts and practices
    No person, partnership, corporation, or other entity may: (1) Sell, barter, transfer or offer to sell or barter a license. (2) Purchase or procure by...
  • § 90-303   Board of Examiners for speech and language pathology and audiology; qualifications, appointment and terms of members; vacancies; meetings, etc
    (a) There shall be a Board of Examiners for Speech and Language Pathologists and Audiologists, which shall be composed of seven members, who shall all...
  • § 90-304   Powers and duties of Board
    (a) The powers and duties of the Board are as follows: (1) To administer, coordinate, and enforce the provisions of this Article, establish fees, evaluate...
  • § 90-305   Fees
    Persons subject to licensure under this Article shall pay fees to the Board not to exceed the following: (1)...... Application fee.......................................................................... $30.00 (2)...... Examination fee..............................................................................
  • § 90-306   Penalty for violation
    Any person, partnership, or corporation who or which willfully violates the provisions of this Article shall be guilty of a Class 2 misdemeanor. (1975, c....
  • § 90-307   Severability
    If any part of this Article is for any reason held unconstitutional, inoperative, or void, such holding of invalidity shall not affect the remaining portions...
  • § 90-308 through 90-319   Reserved for future codification purposes

Article 23 - Right to Natural Death; Brain Death.

Article 24 - Licensed Professional Counselors Act.

  • § 90-329   Declaration of policy
    It is declared to be the public policy of this State that the activities of persons who render counseling services to the public be regulated...
  • § 90-330   Definitions; practice of marriage and family therapy
    (a) Definitions. As used in this Article certain terms are defined as follows: (1) Repealed by Session Laws 1993, c. 514, s. 1. (1a) The...
  • § 90-331   Prohibitions
    It shall be unlawful for any person who is not licensed under this Article to engage in the practice of counseling, use the title "licensed...
  • § 90-332   Use of title by firm
    It shall be unlawful for any firm, partnership, corporation, association, or other business or professional entity to assume or use the title of licensed professional...
  • § 90-332.1   Exemptions from licensure
    (a) It is not the intent of this Article to regulate members of other regulated professions who do counseling in the normal course of the...
  • § 90-333   North Carolina Board of Licensed Professional Counselors; appointments; terms; composition
    (a) For the purpose of carrying out the provisions of this Article, there is hereby created the North Carolina Board of Licensed Professional Counselors which...
  • § 90-334   Functions and duties of the Board
    (a) The Board shall administer and enforce the provisions of this Article. (b) The Board shall elect from its membership, a chairperson, a vice‑chairperson, and...
  • § 90-335   Board general provisions
    The Board shall be subject to the provisions of Chapter 93B of the General Statutes. (1983, c. 755, s. 1.)
  • § 90-336   Title and qualifications for licensure
    (a) Each person desiring to be a licensed professional counselor shall make application to the Board upon such forms and in such manner as the...
  • § 90-337   Persons credentialed in other states
    The Board may license any person who is currently licensed, certified, or registered by another state if the individual has met requirements determined by the...
  • § 90-338   Exemptions
    Applicants holding certificates of registration as Registered Practicing Counselors and in good standing with the Board shall be issued licenses as licensed professional counselors without...
  • § 90-339   Renewal of licenses
    (a) All licenses shall be effective upon the date of issuance by the Board, and shall expire on the second June 30 thereafter. (b) All...
  • § 90-340   Protection of the public
    The Board may, in accordance with the provisions of Chapter 150B of the General Statutes, refuse to grant or to renew, may suspend, or may...
  • § 90-341   Violation a misdemeanor
    Any person violating any provision of this Article is guilty of a Class 1 misdemeanor. (1983, c. 755, s. 1; 1993, c. 539, s. 651;...
  • § 90-342   Injunction
    As an additional remedy, the Board may proceed in a superior court to enjoin and restrain any person from violating the prohibitions of this Article....
  • § 90-343   Disclosure
    Any individual, or employer of an individual, who is licensed under this Article may not charge a client or receive remuneration for professional counseling services...
  • § 90-344   Third-party reimbursements
    Nothing in this Article shall be construed to require direct third‑party reimbursement to persons licensed under this Article. (1993, c. 514, s. 1.)
  • § 90-345 through 90-349   Reserved for future codification purposes

Article 25 - Dietetics/Nutrition.

  • § 90-350   Short title
    This Article shall be known as the Dietetics/Nutrition Practice Act. (1991, c. 668, s. 1.)
  • § 90-351   Purpose
    It is the purpose of this Article to safeguard the public health, safety and welfare and to protect the public from being harmed by unqualified...
  • § 90-352   Definitions
    As used in this Article, unless the context otherwise requires, the term: (1) "Board" means the North Carolina Board of Dietetics/Nutrition. (2) "Dietetics/nutrition" means the...
  • § 90-353   Creation of Board
    (a) The North Carolina Board of Dietetics/Nutrition is created. The Board shall consist of seven members as follows: (1) One member shall be a professional...
  • § 90-354   Appointments and removal of Board members, terms and compensation
    (a) The members of the Board shall be appointed as follows: (1) The Governor shall appoint the professional member described in G.S. 90‑353(a)(5) and the...
  • § 90-355   Election of officers; meetings of Board
    (a) The Board shall elect a chairman and a vice‑chairman who shall hold office according to rules adopted by the Board. (b) The Board shall...
  • § 90-356   Power and responsibility of Board
    The Board shall: (1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses; (2) Adopt rules necessary to conduct...
  • § 90-357   License requirements
    Each applicant for a license as a licensed dietitian/nutritionist shall meet the following requirements: (1) Submit a completed application as required by the Board; (2)...
  • § 90-358   Notification of applicant following evaluation of application
    After evaluation of the application and of any other evidence submitted, the Board shall notify each applicant that the application and evidence submitted are satisfactory...
  • § 90-359   Examinations
    Competency examinations shall be administered at least twice each year to qualified applicants for licensing. The examinations may be administered by a national testing service....
  • § 90-360   Granting license without examination
    The Board may grant, upon application and payment of proper fees, a license without examination to a person who at the time of application holds...
  • § 90-361   Provisional licenses
    The Board may grant a provisional license for a period not exceeding 12 months to any individual who has successfully completed the educational and clinical...
  • § 90-362   License as constituting property of Board; display requirement; renewal; inactive status
    (a) A license issued by the Board is the property of the Board and must be surrendered to the Board on demand. (b) The licensee...
  • § 90-363   Suspension, revocation and refusal to renew license
    (a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license...
  • § 90-364   Fees
    The Board shall establish fees in accordance with Chapter 150B of the General Statutes for the following purposes: (1) For an initial application, a fee...
  • § 90-365   Requirement of license
    After March 31, 1992, it shall be unlawful for any person who is not currently licensed under this Article to do any of the following:...
  • § 90-366   Violation a misdemeanor
    Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor. Each act of such unlawful practice shall constitute...
  • § 90-367   Injunctions
    The Board may make application to any appropriate court for an order enjoining violations of this Article, and upon a showing by the Board that...
  • § 90-368   Persons and practices not affected
    The requirements of this Article shall not apply to: (1) A health care professional duly licensed in accordance with Chapter 90 of the General Statutes....
  • § 90-369   Third party reimbursement; limitation on modifications
    Nothing in this Article shall be construed to require direct third‑party reimbursement to persons licensed under this Article. (1991, c. 668, s. 1; 2007‑123, s.
  • § 90-370 through 90-379   Reserved for future codification purposes

Article 26 - Fee-Based Practicing Pastoral Counselors.

  • § 90-380   Title
    This Article shall be known as the "Fee‑Based Practicing Pastoral Counselor Certification Act." (1991, c. 670.)
  • § 90-381   Purpose
    It is the purpose of this Article to protect the public safety and welfare by providing for the certification and regulation of persons engaged in...
  • § 90-382   Definitions
    The following definitions apply in this Article: (1) Accredited educational institution. A college, university, or theological seminary chartered by the State and accredited by the...
  • § 90-383   Exemptions
    (a) Nothing in this Article shall be construed as limiting the ministry, activities, or services of a minister called, elected, or otherwise authorized by a...
  • § 90-384   Temporary certificates
    The Board may issue a temporary pastoral counseling certificate to any person who is otherwise qualified under this Article until the next annual examination is...
  • § 90-385   Creation of Board; appointment and removal of members; terms and compensation; powers
    (a) The North Carolina State Board of Examiners of Fee‑Based Practicing Pastoral Counselors is created. The Board shall consist of seven members as follows: (1)...
  • § 90-386   Annual report
    Within 90 days of the end of each fiscal year, beginning with fiscal year 1992‑93, the Board shall submit to the Governor a report of...
  • § 90-387   Certification and examination
    (a) The Board shall issue a certificate to practice fee‑based pastoral counseling to an applicant who: (1) Pays an application fee of one hundred dollars...
  • § 90-388   Equivalent certification and memberships recognized
    (a) The Board may grant a certificate as a fee‑based practicing pastoral counselor to any person meeting the requirements of G.S. 90‑387(a) who at the...
  • § 90-389   Renewal of certificate
    A certificate issued under this Article must be renewed annually on or before the first day of January of each year. Each application for renewal...
  • § 90-390   Refusal, suspension, or revocation of a certificate
    (a) A certificate applied for or issued under this Article may be refused, suspended, revoked, or otherwise limited as provided in subsection (e) of this...
  • § 90-391   Prohibited acts
    No person shall represent himself to be a certified fee‑based practicing pastoral counselor or a certified fee‑based pastoral counseling associate, or engage in or offer...
  • § 90-392   Disposition of fees
    The fees derived from the operation of this Article shall be used by the Board in carrying out its functions. The operations of the Board...
  • § 90-393   Injunction for violations
    The Board may apply to superior court for an injunction to prevent violations of this Article or of any rules adopted by the Board, and...
  • § 90-394   Duplicate and replacement certificates
    A certified fee‑based pastoral counselor may request that the Board issue a duplicate or replacement certificate for a fee set by the Board not to...
  • § 90-395   Practice of medicine and psychology not authorized
    Nothing in this Article shall authorize the practice of medicine as defined in Article 1 of this Chapter or the practice of psychology as defined...
  • § 90-396   Repealed by Session Laws 1999-186, s. 1.1
  • § 90-397 through 90-399   Reserved for future codification purposes

Article 27 - Referral Fees and Payment for Certain Solicitations Prohibited.

Article 28 - Self-Referrals by Health Care Providers.

  • § 90-405   Definitions
    As used in this Article, the term (1) "Board" means any of the following boards created in Chapter 90 of this Article relating respectively to...
  • § 90-406   Self-referrals prohibited
    (a) A health care provider shall not make any referral of any patient to any entity in which the health care provider or group practice...
  • § 90-407   Disciplinary action and penalties
    (a) Any violation of this Article shall constitute grounds for disciplinary action to be taken by the applicable Board pursuant to Chapter 90 of the...
  • § 90-408   Exceptions for underserved areas
    (a) The provisions of G.S. 90‑406 shall not apply to the referral by any health care provider to any entity in which such health care...
  • § 90-409   Reserved for future codification purposes

Article 29 - Medical Records.

  • § 90-410   Definitions
    As used in this Article: (1) "Health care provider" means any person who is licensed or certified to practice a health profession or occupation under...
  • § 90-411   Record copy fee
    A health care provider may charge a reasonable fee to cover the costs incurred in searching, handling, copying, and mailing medical records to the patient...
  • § 90-412   Electronic medical records
    (a) Notwithstanding any other provision of law, any health care provider or facility licensed, certified, or registered under the laws of this State or any...
  • § 90-413 through 90-449   Reserved for future codification purposes

Article 30 - Practice of Acupuncture.

  • § 90-450   Purpose
    It is the purpose of this Article to promote the health, safety, and welfare of the people of North Carolina by establishing an orderly system...
  • § 90-451   Definitions
    The following definitions apply in this Article: (1) Acupuncture. A form of health care developed from traditional and modern Chinese medical concepts that employ acupuncture...
  • § 90-452   Practice of acupuncture without license prohibited
    (a) Unlawful Acts. It is unlawful to engage in the practice of acupuncture without a license issued pursuant to this Article. It is unlawful to...
  • § 90-453   Acupuncture Licensing Board
    (a) Membership. The Acupuncture Licensing Board shall consist of nine members, three appointed by the Governor and six by the General Assembly. The six members...
  • § 90-454   Powers and duties of Board
    The Board may: (1) Deny, issue, suspend, and revoke licenses in accordance with rules adopted by the Board, and may collect fees, investigate violations of...
  • § 90-455   Qualifications for license; renewal; inactive, suspended, expired, or lapsed license
    (a) Initial License. To receive a license to practice acupuncture, a person shall meet all of the following requirements: (1) Submit a completed application as...
  • § 90-456   Prohibited activities
    The Board may deny, suspend, or revoke a license, require remedial education, or issue a letter of reprimand, if a licensed acupuncturist or applicant: (1)...
  • § 90-457   Fees
    The Board may establish fees, not to exceed the following amounts: (1) Application and an examination, one hundred dollars ($100.00). (2) Issuance of a license,...
  • § 90-457.1   Continuing education
    (a) Applicants for license renewal shall complete all required continuing education units during the two calendar years immediately preceding the license renewal date. (b) The...
  • § 90-458   Use of titles and display of license
    The titles "Licensed Acupuncturist" or "Acupuncturist" shall be used only by persons licensed under this Article. Possession of a license under this Article does not...
  • § 90-459   Third-party reimbursements
    Nothing in this Article shall be construed to require direct third‑party reimbursement to persons licensed under this Article. (1993, c. 303, s. 1.)
  • § 90-460 through 90-469   Reserved for future codification purposes

Article 31 - Institute of Medicine.

Article 32 - Employer Assistance Professionals.

  • § 90-500   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Board" means the Board of Employee Assistance Professionals. (2) "Certified employee assistance professional" means...
  • § 90-501   Board of Employee Assistance Professionals; members
    (a) The Board of Employee Assistance Professionals is created. (b) The Board consists of five members to be appointed by the Governor. Members shall serve...
  • § 90-502   Powers and duties of the Board
    The Board shall: (1) Approve educational programs and establish and prescribe the curricula and minimum standards for training required to prepare persons for licensure and...
  • § 90-503   License requirements
    (a) An applicant must satisfy all of the following requirements to be eligible to be licensed under this Article: (1) Have obtained a masters degree....
  • § 90-504   License renewals
    (a) Renewal of any license issued under the provisions of this Article may be accomplished by paying a fee in an amount established by the...
  • § 90-505   Requirements for persons licensed out-of-state
    An applicant who is currently certified by the Employee Assistance Certification Commission or licensed in another state and who: (1) Is in good standing in...
  • § 90-506   Violations; enforcement; penalties
    (a) Whenever the Board has reason to believe that a violation of this Article, any rule adopted by the Board, or any order of the...
  • § 90-507   Hearings
    Hearings before the Board on enforcement or disciplinary actions shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes. (1995...
  • § 90-508   Representation as licensed professional
    No person shall, by verbal claim, advertisement, letterhead, card, or in any other way, represent that he or she is a licensed employee assistance professional...
  • § 90-509   Other prohibited activities
    The Board may deny, suspend, or revoke any license, or otherwise discipline an applicant or holder of a license who the Board finds engaged in...
  • § 90-510   Investigations; good faith reports of violations
    The Board may, on its own motion, investigate any report indicating that a licensee is or may be in violation of the provisions of this...
  • § 90-511   Employee assistance professional practice by members of other professional groups
    (a) Nothing in this Article shall be construed to prevent qualified members of other professional groups, as determined by the Board, including, but not limited...
  • § 90-512 through 90-514   Reserved for future codification purposes

Article 33 - Industrial Hygiene.

  • § 90-515   Definitions
    The following definitions apply in this Article: (1) "American Board of Industrial Hygiene". A nonprofit corporation incorporated in 1960 in Pennsylvania to improve the practice...
  • § 90-516   Unlawful acts
    (a) No person shall practice or offer to practice as a Certified Industrial Hygienist, use any advertisement, business card, or letterhead or make any other...
  • § 90-517 through 90-521   Reserved for future codification purposes

Article 34 - Athletic Trainers.

  • § 90-522   Title; purpose
    (a) This Article may be cited as the "Athletic Trainers Licensing Act". (b) The practice of athletic trainer services affects the public health, safety, and...
  • § 90-523   Definitions
    The following definitions apply in this Article: (1) Athletes. Members of sports teams, including professional, amateur, and school teams; or participants in sports or recreational...
  • § 90-524   Board of Examiners created
    (a) The North Carolina Board of Athletic Trainer Examiners is created. (b) Composition and Terms. The Board shall consist of seven members who shall serve...
  • § 90-525   Powers of the Board
    The Board shall have the power and duty to: (1) Administer this Article. (2) Issue interpretations of this Article. (3) Adopt, amend, or repeal rules...
  • § 90-526   Custody and use of funds; contributions
    (a) All fees payable to the Board shall be deposited in the name of the Board in financial institutions designated by the Board as official...
  • § 90-527   License required; exemptions from license requirement
    (a) On or after January 1, 1998, no person shall practice or offer to practice as an athletic trainer, perform activities of an athletic trainer,...
  • § 90-528   Application for license; qualifications; issuance
    (a) An applicant for a license under this Article shall make a written application to the Board on a form approved by the Board and...
  • § 90-529   Athletic trainers previously certified
    The Board shall issue a license to practice as an athletic trainer to a person who applies to the Board on or before August 1,...
  • § 90-530   Athletic trainers not certified
    (a) A person who has been actively engaged as an athletic trainer since August 1, 1994, and who continues to practice up to the time...
  • § 90-531   Reciprocity with other states
    A license may be issued to a qualified applicant holding an athletic trainer license in another state if that state recognizes the license of this...
  • § 90-532   License renewal
    Every license issued under this Article shall be renewed during the month of January. On or before the date the current license expires, any person...
  • § 90-533   Continuing education
    (a) As a condition of license renewal, a licensee must meet the continuing education requirements set by the Board. The Board shall determine the number...
  • § 90-534   Expenses and fees
    (a) All salaries, compensation, and expenses incurred or allowed to carry out the purposes of this Article shall be paid by the Board exclusively out...
  • § 90-535   Hiring of athletic trainers by school units
    Local school administrative units may hire persons who are not licensed under this Article. The persons hired may perform the activities of athletic trainers in...
  • § 90-536   Disciplinary authority of the Board; administrative proceedings
    (a) Grounds for disciplinary action against a licensee shall include the following: (1) Giving false information or withholding material information from the Board in procuring...
  • § 90-537   Enjoining illegal practices
    If the Board finds that a person who does not have a license issued under this Article claims to be an athletic trainer or is...
  • § 90-538   Penalties
    A person who does not have a license issued under this Article who either claims to be an athletic trainer or engages in practice as...
  • § 90-539   Reports; immunity from suit
    A person who has reasonable cause to suspect misconduct or incapacity of a licensee, or who has reasonable cause to suspect that a person is...
  • § 90-540   No third-party reimbursement required
    Nothing in this Article shall be construed to require direct third‑party reimbursement to persons licensed under this Article. (1997‑387, s. 1.)
  • § 90-541 through 90-599   Reserved for future codification purposes

Article 35 - Accident-Trauma Victim Identification.

  • § 90-600   Short title
    This Article shall be known and may be cited as the Carolyn Sonzogni Act. (1997‑443, s. 20.12(b).)
  • § 90-601   Purpose
    The identification of accident‑trauma victims is crucial to the timely notification of the next of kin of accident‑trauma victims and to the recovery of organs...
  • § 90-602   Routine search for donor information
    (a) The following persons may make a reasonable search for a document of gift or other information identifying the bearer as an organ donor or...
  • § 90-603   Timely notification of next of kin
    A State or local law enforcement officer shall make a reasonable effort to notify the next of kin of an accident‑trauma victim if the individual...
  • § 90-604   Use of body information tags
    (a) In order to provide the identifying information necessary to facilitate organ and tissue transplants, a body information tag shall be attached to or transmitted...
  • § 90-605 through 90-619   Reserved for future codification purposes

Article 36 - Massage and Bodywork Therapy Practice.

  • § 90-620   Short title
    This Article shall be known as the North Carolina Massage and Bodywork Therapy Practice Act. (1998‑230, s. 10.)
  • § 90-621   Declaration of purpose
    The General Assembly recognizes that the improper practice of massage and bodywork therapy is potentially harmful to the public. Mandatory licensure of those engaged in...
  • § 90-622   Definitions
    The following definitions apply in this Article: (1) Board. The North Carolina Board of Massage and Bodywork Therapy. (2) Board‑approved school. Any massage and bodywork...
  • § 90-623   License required
    (a) A person shall not practice or hold out himself or herself to others as a massage and bodywork therapist without first applying for and...
  • § 90-624   Exemptions
    Nothing in this Article shall be construed to prohibit or affect: (1) The practice of a profession by persons who are licensed, certified, or registered...
  • § 90-625   North Carolina Board of Massage and Bodywork Therapy
    (a) The North Carolina Board of Massage and Bodywork Therapy is created. The Board shall consist of seven members who are residents of this State...
  • § 90-626   Powers and duties
    The Board shall have the following powers and duties: (1) Represent the diversity within the profession at all times when making decisions and stay current...
  • § 90-627   Custody and use of funds
    All fees and other moneys collected and received by the Board shall be used for the purposes of implementing this Article. (1998‑230, s. 10.)
  • § 90-628   Expenses and fees
    (a) All salaries, compensation, and expenses incurred or allowed for the purposes of this Article shall be paid by the Board exclusively out of the...
  • § 90-629   Requirements for licensure
    Upon application to the Board and the payment of the required fees, an applicant may be licensed as a massage and bodywork therapist if the...
  • § 90-630   Reciprocity
    (a) An applicant shall be eligible for licensure if (i) the applicant has been licensed in another state within five years of the application to...
  • § 90-631   Massage and bodywork therapy schools
    (a) The Board shall establish rules for the approval of massage and bodywork therapy schools. These rules shall include: (1) Basic curriculum standards that ensure...
  • § 90-632   License renewal and continuing education
    The license to practice under this Article shall be renewed every two years. When renewing a license, each licensee shall submit to the Board evidence...
  • § 90-633   Disciplinary action
    The Board may deny, suspend, revoke, or refuse to license a massage and bodywork therapist or applicant for any of the following: (1) The employment...
  • § 90-634   Enforcement; injunctive relief
    (a) It is unlawful for a person not licensed or exempted under this Article to engage in any of the following: (1) Practice of massage...
  • § 90-634.1   Civil penalties; disciplinary costs
    (a) Authority to Assess Civil Penalties. The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of...
  • § 90-635   Third-party reimbursement
    Nothing in this Article shall be construed to require direct third‑party reimbursement to persons licensed under this Article. (1998‑230, s. 10.)
  • § 90-636   Regulation by county or municipality
    Nothing in this Article shall be construed to prohibit a county or municipality from regulating persons covered by this Article, however, a county or municipality...
  • § 90-637 through 90-639   Reserved for future codification purposes

Article 37 - Health Care Practitioner Identification.

Article 38 - Respiratory Care Practice Act.

  • § 90-646   Short title
    This Article may be cited as the "Respiratory Care Practice Act". (2000‑162, s. 1.)
  • § 90-647   Purpose
    The General Assembly finds that the practice of respiratory care in the State of North Carolina affects the public health, safety, and welfare and that...
  • § 90-648   Definitions
    The following definitions apply in this Article: (1) Board. The North Carolina Respiratory Care Board. (2) Diagnostic testing. Cardiopulmonary procedures and tests performed on the...
  • § 90-649   North Carolina Respiratory Care Board; creation
    (a) The North Carolina Respiratory Care Board is created. The Board shall consist of 10 members as follows: (1) Two members shall be respiratory care...
  • § 90-650   Appointments and removal of Board members; terms and compensation
    (a) The members of the Board shall be appointed as follows: (1) The Governor shall appoint the public members described in G.S. 90‑649(a)(5). (2) The...
  • § 90-651   Election of officers; meetings of the Board
    (a) The Board shall elect a chair and a vice‑chair who shall hold office according to rules adopted pursuant to this Article, except that all...
  • § 90-652   Powers and duties of the Board
    The Board shall have the power and duty to: (1) Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reciprocal licensure....
  • § 90-653   Licensure requirements; examination
    (a) Each applicant for licensure under this Article shall meet the following requirements: (1) Submit a completed application as required by the Board. (2) Submit...
  • § 90-654   Temporary license
    Upon application and payment of the required fees, the Board may grant a temporary license to a person who, at the time of application, submits...
  • § 90-655   Licensure by reciprocity
    The Board may grant, upon application and the payment of proper fees, a license to a person who, at the time of application holds a...
  • § 90-656   Provisional license
    The Board may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed the education requirements under...
  • § 90-657   Notification of applicant following evaluation of application
    After evaluation of the application and of any other evidence required from the applicant by the Board, the Board shall notify each applicant that the...
  • § 90-658   License as property of the Board; display requirement; renewal; inactive status
    (a) A license issued by the Board is the property of the Board and shall be surrendered by the licensee to the Board on demand....
  • § 90-659   Suspension, revocation, and refusal to renew a license
    (a) The Board shall take the necessary actions to deny or refuse to renew a license, suspend or revoke a license, or to impose probationary...
  • § 90-660   Expenses; fees
    (a) All salaries, compensation, and expenses incurred or allowed for carrying out the purposes of this Article shall be paid by the Board exclusively out...
  • § 90-661   Requirement of license
    It shall be unlawful for any person who is not currently licensed under this Article to: (1) Engage in the practice of respiratory care. (2)...
  • § 90-662   Violation a misdemeanor
    Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor. (2000‑162, s. 1.)
  • § 90-663   Injunctions
    The Board may apply to the superior court for an order enjoining violations of this Article, and upon a showing by the Board that any...
  • § 90-664   Persons and practices not affected
    The requirements of this Article shall not apply to: (1) Any person registered, certified, credentialed, or licensed to engage in another profession or occupation or...
  • § 90-665   Third-party reimbursement
    Nothing in this Article shall be construed to require direct third‑party reimbursements to persons licensed under this Article. (2000‑162, s. 1.)
  • § 90-666   Civil penalties
    (a) Authority to Assess Civil Penalties. In addition to taking any of the actions permitted under G.S. 90‑659, the Board may assess a civil penalty...
  • § 90-667 through 90-670   Reserved for future codification purposes

Article 39 - Safety Profession.

  • § 90-671   Definitions
    The following definitions apply in this Article: (1) Associate Safety Professional (ASP). A person who has met the education, experience, and examination requirements established by...
  • § 90-672   Unlawful acts; injunctive relief; exclusion
    (a) No person shall represent himself or herself as a Certified Safety Professional or Associate Safety Professional unless that person is certified by the Board...
  • § 90-673   Exemptions and limitations
    (a) This Article does not apply to: (1) A person who holds a license issued by a State board, commission, or other agency, is engaged...
  • § 90-674   Certification registry
    The Board shall file with the Secretary of State the name, address, telephone number, and date of certification for all Associate Safety Professionals and Certified...
  • § 90-675 through 90-680   Reserved for future codification purposes

Article 40 - Perfusionist Licensure Act.

  • § 90-681   Legislative findings
    The General Assembly finds that the practice of perfusion is an area of health care that is continually evolving to include more sophisticated and demanding...
  • § 90-682   Definitions
    The following definitions apply in this Article: (1) Certified clinical perfusionist. A person who has successfully completed the examination process and has been issued a...
  • § 90-682.1   Medical Board approval required
    (a) The Committee shall report to the Medical Board all actions taken by the Committee pursuant to this Article, except for actions taken by the...
  • § 90-683   License required; exemptions
    (a) On or after July 1, 2006, no person shall practice or offer to practice perfusion as defined in this Article, use the title "licensed...
  • § 90-684   Perfusion Advisory Committee
    (a) Composition and Terms. The North Carolina Perfusion Advisory Committee is created. The Committee shall consist of seven members who shall serve staggered terms. The...
  • § 90-685   Powers of the Committee
    The Committee shall have the power and duty to: (1) Administer this Article. (2) Issue interpretations of this Article. (3) Adopt, amend, or repeal rules...
  • § 90-685.1   Confidentiality of Committee investigative information
    (a) All records, papers, investigative files, investigative reports, other investigative information, and other documents containing information in the possession of or received or gathered by...
  • § 90-686   Qualifications for licensure
    (a) An applicant shall be licensed to practice perfusion if the applicant meets all of the following qualifications: (1) Is at least 18 years old....
  • § 90-687   Reciprocity
    The Committee may grant, upon application and payment of proper fees, a license to a person who has been licensed to practice perfusion in another...
  • § 90-688   Provisional license
    The Committee may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed an approved perfusion education...
  • § 90-689   Expenses; fees
    (a) All fees shall be payable to the Medical Board and deposited in the name of the Medical Board in financial institutions designated by the...
  • § 90-690   Renewal of licenses
    (a) All licenses to practice perfusion shall expire two years after the date they were issued. The Committee shall send a notice of expiration to...
  • § 90-690.1   Maintenance of certification to maintain licensure
    (a) After December 31, 2007, all licensed perfusionists who are licensed under this Article shall maintain certification as defined in G.S. 90‑682(1) in order to...
  • § 90-691   Disciplinary authority
    (a) The Committee may place on probation with or without conditions, impose limitations and conditions on, publicly reprimand, assess monetary redress, issue public letters of...
  • § 90-692   Enjoining illegal practices
    The Committee may apply to the superior court for an order enjoining violations of this Article. Upon a showing by the Committee that any person...
  • § 90-693   Civil penalties; disciplinary costs
    (a) Authority to Assess Civil Penalties. The Committee may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of...
  • § 90-694   Third-party reimbursement
    Nothing in this Article shall be construed to require direct third‑party reimbursements to persons licensed under this Article. (2005‑267, s. 1.)
  • § 90-695   Reserved for future codification purposes
  • § 90-696   Reserved for future codification purposes
  • § 90-697   Reserved for future codification purposes
  • § 90-698   Reserved for future codification purposes
  • § 90-699   Reserved for future codification purposes
  • § 90-700   Reserved for future codification purposes

Article 41 - Pathology Services Billing.

  • § 90-701   Billing of anatomic pathology services
    (a) It shall be unlawful for any person licensed to practice medicine, podiatry, or dentistry in this State to bill a patient, entity, or person...