North Carolina § 90-113 - 33. Board; powers and duties.

§ 90-113. 33. Board; powers and duties.

The Board shall: Examine and determine the qualifications and fitness of applicants for certification and licensure to practice in this State. Determine the qualifications and fitness of organizations applying for deemed status. Issue, renew, deny, suspend, or revoke licensure, certification, or registration to practice in this State or reprimand or otherwise discipline a license, certificate, or registration holder in this State. Deal with issues concerning reciprocity. Conduct investigations for the purpose of determining whether violations of this Article or grounds for disciplining exists. Employ and fix the compensation of personnel and legal counsel that the Board determines is necessary to carry out the provisions of this Article. The Board's employment of legal counsel is subject to the provisions of G.S. 114-2.3. The Board may purchase or rent necessary office space, equipment, and supplies. Conduct administrative hearings in accordance with Chapter 150B of the General Statutes when a "contested case", as defined in Chapter 150B, arises. Appoint from its own membership one or more members to act as representatives of the Board at any meeting in which it considers this representation is desirable. Establish fees for applications for examination, registration, certificates of certification, licensure, and renewal, and other services provided by the Board. Adopt any rules necessary to carry out the purpose of this Article and its duties and responsibilities pursuant to this Article, including rules related to the approval of a substance use disorder specialty curricula developed by a school, college, or university. Request that the Department of Public Safety conduct criminal history record checks of applicants for registration, certification, or licensure pursuant to G.S. 143B-941. Establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. In establishing this program, the Board is authorized to enter into agreements with existing professional health care programs. The Board is also authorized to refer any licensee to this program as part of the disciplinary process. The Board may adopt rules implementing this program. The powers and duties enumerated in this section are granted for the purposes of enabling the Board to safeguard the public health, safety, and welfare against unqualified or incompetent practitioners and are to be liberally construed to accomplish this objective. When the Board exercises its authority under this Article to discipline a person, it may, as part of the decision imposing the discipline, charge the costs of investigations and the hearing to the person disciplined. History (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s. 4; 1999-164, s. 5; 2001-370, ss. 2, 3; 2005-431, s. 1; 2011-254, s. 3; 2014-100, s. 17.1(ii); 2019-240, ss. 7(a), 8(e).) Editor's Note. - Session Laws 2008-130, s. 9, provides: "Notwithstanding G.S. 90-113.32(e) , members currently serving on the North Carolina Substance Abuse Professional Practice Board who began serving a second consecutive four-year term as of September 1, 2005, may continue to serve on the Board for an additional four-year term." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2019-240, s. 8(p), made the amendment to subdivision (9) of this section by Session Laws 2019-240, s. 8(e), effective January 1, 2020, and applicable to licenses granted or renewed on or after that date. Effect of Amendments. - Session Laws 2005-431, s. 1, effective September 22, 2005, rewrote subdivisions (2) and (5); substituted "certification, licensure" for "certification" in subdivision (8); and added subdivision (10). Session Laws 2011-254, s. 3, effective June 23, 2011, added "including rules related to the approval of a substance abuse specialty curricula developed by a school, college, or university" in subdivision (9). Session Laws 2014-100, s. 17.1(ii), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" and "G.S. 143B-941" for "G.S. 114-19.11A" in subdivision (10). Session Laws 2019-240, s. 7(a), effective January 1, 2020, added subdivision (11). Session Laws 2019-240, s. 8(e), substituted "substance use disorder" for "substance abuse" in subdivision (9). For effective date and applicability, see editor's note.