North Carolina § 90-171 - 23. Duties, powers, and meetings.

§ 90-171. 23. Duties, powers, and meetings.

Meetings. - The Board shall hold at least two meetings each year to transact its business. The Board shall adopt rules with respect to calling, holding, and conducting regular and special meetings and attendance at meetings. The majority of the Board members constitutes a quorum. Duties; powers. - The Board is empowered to: Administer this Article. Issue its interpretations of this Article. Adopt, amend or repeal rules and regulations as may be necessary to carry out the provisions of this Article. Establish qualifications of, employ, and set the compensation of an executive officer who shall be a registered nurse and who shall not be a member of the Board. Employ and fix the compensation of other personnel that the Board determines are necessary to carry into effect this Article and incur other expenses necessary to effectuate this Article. Examine, license, and renew the licenses of duly qualified applicants for licensure. Determine whether an applicant or licensee is mentally and physically capable of practicing nursing with reasonable skill and safety. The Board may require an applicant or licensee to submit to a mental health examination by a licensed mental health professional designated by the Board and to a physical examination by a physician or other licensed health care professional designated by the Board. The Board may order an applicant or licensee to be examined before or after charges are presented against the applicant or licensee. The results of the mental health examination or physical examination shall be reported directly to the Board and shall be admissible into evidence in a hearing before the Board. Determine and administer appropriate disciplinary action against all regulated parties who are found to be in violation of this Article or rules adopted by the Board. Establish standards to be met by the students, and to pertain to faculty, curricula, facilities, resources, and administration for any nursing program as provided in G.S. 90-171.38. Review all nursing programs at least every eight years or more often as considered necessary by the Board or program director. Grant, deny, or withdraw approval for nursing programs as provided in G.S. 90-171.39. Upon request, grant or deny approval of continuing education programs for nurses as provided in G.S. 90-171.42. Keep a record of all proceedings and make an annual summary of all actions available. Appoint, as necessary, advisory committees which may include persons other than Board members to deal with any issue under study. Appoint and maintain a subcommittee of the Board to work jointly with the subcommittee of the North Carolina Medical Board to develop rules and regulations to govern the performance of medical acts by registered nurses and to determine reasonable fees to accompany an application for approval or renewal of such approval as provided in G.S. 90-8.2. The fees and rules developed by this subcommittee shall govern the performance of medical acts by registered nurses and shall become effective when they have been adopted by both Boards. Recommend and collect such fees for licensure, license renewal, examinations and reexaminations as it deems necessary for fulfilling the purposes of this Article. Adopt a seal containing the name of the Board for use on all certificates, licenses, and official reports issued by it. Enter into interstate compacts to facilitate the practice and regulation of nursing. Establish programs for monitoring the treatment, recovery, and safe practice of nurses with substance use disorders, mental health disorders, or physical conditions impacting the ability to deliver safe care. Enter into agreements for aiding in the remediation of nurses who experience practice deficiencies. Request that the Department of Public Safety conduct criminal history record checks of applicants for licensure pursuant to G.S. 143B-940. Adopt rules requiring an applicant to submit to the Board evidence of the applicant's continuing competence in the practice of nursing at the time of license renewal or reinstatement. Proceed in accordance with G.S. 90-171.37A, notwithstanding G.S. 150B-40(b), when conducting a contested case hearing in accordance with Article 3A of Chapter 150B of the General Statutes. Designate one or more of its employees to serve papers or subpoenas issued by the Board. Service under this subdivision is permitted in addition to any other methods of service permitted by law. Acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board. Order or subpoena the production of any patient records, documents, or other materials concerning any matter to be heard before or inquired into by the Board, notwithstanding any other provision of law providing for the application of any health care provider-patient privilege regarding records, documents, or other materials. All records, documents, or other materials compiled by the Board are subject to G.S. 90-171.37C. Upon written request and after a hearing, the Board shall revoke a subpoena if the Board finds the evidence does not relate to a matter in issue, or if the subpoena does not describe the required evidence with sufficient particularity, or if the subpoena is invalid for any other legal reason. History (1981, c. 360, s. 1; c. 665, s. 2; c. 852, s. 4; 1995, c. 94, s. 28; 1997-491, s. 1; 1999-291, s. 1; 2001-98, s. 3; 2001-371, s. 3; 2003-146, s. 3; 2005-186, s. 1; 2007-148, s. 1; 2009-133, s. 1; 2014-100, s. 17.1(jj); 2019-180, s. 5.) Editor's Note. - Session Laws 1995, c. 94, s. 28, states in the introductory language that "G.S. 90-171.23(14) reads as rewritten." The amendment has been set out in subsection (b)(14) above at the direction of the Revisor of Statutes. Session Laws 2008-14, s. 1, provides: "Pursuant to G.S. 150B-21.3(b1) , 21 NCAC 36.0318 (Faculty), as adopted by the North Carolina Board of Nursing on May 18, 2007, and approved by the Rules Review Commission on June 28, 2007, is disapproved." G.S. 90-171.23 , G.S. 90-171.38 , and G.S. 90-171.83 were listed as authority under the disapproved rule. 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 2019-180, s. 16, made the amendment of subsection (b) by Session Laws 2019-180, s. 5, effective October 1, 2019, and applicable to licenses granted or renewed on or after that date and actions taken by the Board of Nursing on or after that date. Session Laws 2020-3, s. 3A.1(a), provides: "Unless the context clearly indicates otherwise, the following definitions apply in this Part: "(1) CDC. - The federal Centers for Disease Control and Prevention. "(2) COVID-19. - Coronavirus disease 2019. "(3) COVID-19 diagnostic test. - A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2. "(4) COVID-19 emergency. - The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19. "(5) COVID-19 antibody test. - A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2." Session Laws 2020-3, s. 3D.5(a)-(e), as amended by Session Laws 2021-3, s. 2.17, provides: "(a) For purposes of this section, the following definitions apply: "(1) Quality improvement plan rules. - The rules regulating the quality improvement process for physician assistants and nurse practitioners found in 21 NCAC 32S.0213, 21 NCAC 32M.0110, and 21 NCAC 36.0810. "(2) Application fee rules. - The portions of rules found in 21 NCAC 32S.0204, 21 NCAC 32M.0115, and 21 NCAC 36.0813 that require the payment of an application fee. "(3) Annual review rules. - The portions of rules requiring the annual review or renewal of a practice arrangement between a physician and a physician assistant or nurse practitioner found in 21 NCAC 32S.0201, 21 NCAC 32M.0110, and 21 NCAC 36.0806. "(b) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the quality improvement plan rules to the extent they require any of the following: "(1) Quality improvement process meetings between a physician and a physician assistant or nurse practitioner, provided that the physician assistant or nurse practitioner was practicing within the scope of his or her license prior to February 1, 2020, and continues to practice within the scope of his or her license while this section is effective. "(2) Monthly quality improvement process meetings between a physician and a physician assistant or nurse practitioner during the first six months of the practice arrangement between the physician and the physician assistant or nurse practitioner. "(c) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the quality improvement plan rules or the application fee rules to the extent they require any individual to fill out an application or pay a fee, provided that individual is providing volunteer health care services within the scope of his or her license in response to the COVID-19 pandemic state of emergency declared by the Governor of North Carolina on March 10, 2020. "(d) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the annual review rules. "(e) This section is effective when it becomes law and expires December 31, 2022." Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2005-186, s. 1, effective July 12, 2005, added subdivision (b)(20). Session Laws 2007-148, s. 1, effective June 29, 2007, added subdivisions (b)(21) through (b)(23). Session Laws 2009-133, s. 1, effective June 19, 2009, in subdivision (b)(12), substituted "an annual summary of all actions available" for "available to the Governor and licensees an annual summary of all actions taken"; in subdivision (b)(14), substituted "G.S. 90-8.2" for "G.S. 90-6" at the end of the first sentence; and added subdivisions (b)(18a) and (b)(24). Session Laws 2014-100, s. 17.1(jj), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" and "G.S. 143B-940" for "G.S. 114-19.11" in subdivision (b)(19). Session Laws 2019-180, s. 5, added subdivision (b)(6a); rewrote subdivision (b)(7), which formerly read: "Cause the prosecution of all persons violating this Article."; substituted "Grant, deny, or withdraw" for "Grant or deny" in subdivision (b)(10); rewrote subdivision (b)(18), which formerly read: "Establish programs for aiding in the recovery and rehabilitation of nurses who experience chemical addiction or abuse or mental or physical disabilities and programs for monitoring such nurses for safe practice."; substituted "Enter into agreements" for "Establish programs" in subdivision (b)(18a); and rewrote subdivision (b)(24), which formerly read: "Order the production of any records concerning the practice of nursing relevant to a complaint received by the Board or an inquiry or investigation conducted by or on behalf of the Board." For effective date and applicability, see editor's note.