North Carolina § 90-113 - 34. Records to be kept; copies of records.

§ 90-113. 34. Records to be kept; copies of records.

The Board shall keep a regular record of its proceedings, together with the names of the members of the Board present, the names of the applicants for registration, certification, and licensure as well as other information relevant to its actions. The Board shall cause a record to be kept that shall show the name, last known place of business, last known place of residence, and date and number of the credential assigned to each substance use disorder professional meeting the standards set forth in this Article. Any interested person in the State is entitled to obtain a copy of Board records upon application to the Board and payment of a reasonable charge that is based on the costs involved in providing the copy. The Board may in a closed session receive evidence regarding the provision of substance use disorder counseling or other treatment and services provided to a client who has not expressly or through implication consented to the public disclosure of such treatment as may be necessary for the protection of the rights of the client or of the accused registrant or substance use disorder professional and the full presentation of relevant evidence. All records, papers, and other documents containing information collected and compiled by the Board, its members, or employees as a result of investigations, inquiries, or interviews conducted in connection with awarding a credential or a disciplinary matter shall not be considered public records within the meaning of Chapter 132 of the General Statutes, except any notice or statement of charges, or notice of hearing shall be a public record notwithstanding that it may contain information collected and compiled as a result of an investigation, inquiry, or interview. If any record, paper, or other document containing information collected and compiled by the Board as provided in this subsection is received and admitted in evidence in any hearing before the Board, it shall thereupon be a public record. Notwithstanding any provision to the contrary, the Board may, in any proceeding, record of any hearing, and notice of charges, withhold from public disclosure the identity of a client who has not expressly or through implication consented to such disclosure of treatment by the accused substance use disorder professional. History (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s. 5; 1999-164, s. 7; 2005-431, s. 1; 2019-240, s. 8(f).) Editor's Note. - Session Laws 2019-240, s. 8(p), made the amendment to this section by Session Laws 2019-240, s. 8(f), 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 subsection (a); in subsection (b), inserted "registrant or" preceding "substance abuse" in the first sentence, substituted "awarding a credential" for "a certification" in the second sentence and made a minor stylistic change. Session Laws 2019-240, s. 8(f), substituted "substance use disorder" for "substance abuse" throughout the section. For effective date and applicability, see editor's note.