North Carolina § 90-113 - 43. Illegal practice; misdemeanor penalty.

§ 90-113. 43. Illegal practice; misdemeanor penalty.

(For effective until date - see note) Except as otherwise authorized in this Article, no person shall: Offer substance use disorder professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, licensed clinical addictions specialist associate, certified substance abuse residential facility director, certified criminal justice addictions professional, clinical supervisor intern, alcohol and drug counselor intern, or registrant without first having obtained a notification of registration, certification, or licensure from the Board. Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, alcohol and drug counselor intern, certified criminal justice addictions professional, or licensed clinical addictions specialist associate, unless this person is registered, certified, or licensed pursuant to this Article. Practice or attempt to practice as a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, alcohol and drug counselor intern, licensed clinical addictions specialist associate, clinical supervisor intern, certified substance abuse residential facility director or registrant with a revoked, lapsed, or suspended certification or license. Aid, abet, or assist any person to practice as a certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, registrant, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern in violation of this Article. Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, certified substance abuse residential facility director, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article. Repealed by S.L. 1997-492, s. 13. Repealed by Session Laws 2008-130, s. 6, effective July 28, 2008. (For postponed effective date, see note) Except as otherwise authorized in this Article, no person shall: Offer substance use disorder professional services, practice, attempt to practice, or supervise while holding himself or herself out to be a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, licensed clinical addictions specialist associate, certified criminal justice addictions professional, clinical supervisor intern, alcohol and drug counselor intern, or registrant without first having obtained a notification of registration, certification, or licensure from the Board. Use in connection with any name any letters, words, numerical codes, or insignia indicating or implying that this person is a registrant, certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, alcohol and drug counselor intern, certified criminal justice addictions professional, or licensed clinical addictions specialist associate, unless this person is registered, certified, or licensed pursuant to this Article. Practice or attempt to practice as a certified alcohol and drug counselor, certified prevention specialist, certified clinical supervisor, licensed clinical addictions specialist, certified criminal justice addictions professional, alcohol and drug counselor intern, licensed clinical addictions specialist associate, clinical supervisor intern, or registrant with a revoked, lapsed, or suspended certification or license. Aid, abet, or assist any person to practice as a certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, registrant, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern in violation of this Article. Knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a registrant, certified alcohol and drug counselor, certified prevention specialist, certified criminal justice addictions professional, certified clinical supervisor, licensed clinical addictions specialist, alcohol and drug counselor intern, licensed clinical addictions specialist associate, or clinical supervisor intern unless that person is registered, certified, or licensed under this Article. Repealed by S.L. 1997-492, s. 13. Repealed by Session Laws 2008-130, s. 6, effective July 28, 2008. A person who engages in any of the illegal practices enumerated by this section is guilty of a Class 1 misdemeanor. Each act of unlawful practice constitutes a distinct and separate offense. History (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s. 13; 2005-431, s. 1; 2008-130, s. 6; 2012-72, s. 7; 2019-240, ss. 8(m), 9(g).) Subsection (a) Set out Twice. - The first version of subsection (a) set out above is effective until the conditions described in Session Laws 2019-240, s. 9(h), have been met. The second version of subsection (a) set out above is effective after the conditions have been met. Session Laws 2019-240, s. 9(h), provides that the amendment is effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired. Editor's Note. - Session Laws 2019-240, s. 8(p), made the rewriting of subsection (a) of this section by Session Laws 2019-240, s. 8(m), effective January 1, 2020, and applicable to licenses granted or renewed on or after that date. Session Laws 2019-240, s. 9(a), effective November 6, 2019, provides: "The certified substance abuse residential facility director credential is discontinued. The North Carolina Substance Abuse Professional Practice Board shall no longer issue or renew a certified substance abuse residential facility director credential to any person." Session Laws 2019-240, s. 9(h), made the amendment of subdivision (26) by Session Laws 2019-240, s. 9(c), effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act by the North Carolina Substance Abuse Professional Practice Board. The North Carolina Substance Abuse Professional Practice Board shall notify the Revisor of Statutes when the last credential issued by the Board has expired. Effect of Amendments. - Session Laws 2005-431, s. 1, effective September 22, 2005, rewrote the section. Session Laws 2008-130, s. 6, effective July 28, 2008, designated the former undesignated first and last paragraphs as present subsections (a) and (b); rewrote subdivisions (a)(1) through (5); and deleted subdivision (a)(7), which read: "Practice, supervise, or attempt to practice or supervise or knowingly serve in a position required by State law or rule or federal law or regulation to be filled by a designated substance abuse intern without being designated as such by the Board." Session Laws 2012-72, s. 7, effective June 26, 2012, substituted "licensed clinical addictions specialist associate" for "provisional licensed clinical addictions specialist" in subdivisions (a)(1) through (a)(5). Session Laws 2019-240, s. 8(m), rewrote subsection (a). For effective date and applicability, see editor's note. Session Laws 2019-240, s. 9(g), in subsection (a), deleted "certified substance abuse residential facility director" following "specialist associate" in subdivision (a)(1); deleted "certified substance abuse residential facility director, substance abuse" preceding "alcohol and drug counselor intern" in subdivision (a)(2); deleted "certified substance abuse residential facility director" following "supervisor intern" in subdivision (a)(3); deleted "certified substance abuse residential facility director" preceding "registrant" in subdivision (a)(4); and deleted "certified substance abuse residential facility director" preceding "alcohol" in subdivision (a)(5). For postponed effective date, see note.