North Carolina § 90-270 - 92. Powers of the Board.

§ 90-270. 92. Powers of the Board.

The Board shall have the following general powers and duties: Examine and determine the qualifications and fitness of applicants for a license to practice physical therapy in this State. Issue, renew, deny, suspend, or revoke licenses to practice physical therapy in this State, or reprimand or otherwise discipline licensed physical therapists and physical therapist assistants. Conduct confidential investigations for the purpose of determining whether violations of this Article or grounds for disciplining licensed physical therapists or physical therapist assistants exist. Investigation records shall not be considered public records under Chapter 132 of the General Statutes. These records are privileged and are not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Board or its employees or consultants, except as provided in this section. However, any Board decisions rendered, hearing notices and statements of charges, and any material received and admitted into evidence at Board hearings shall be public records, regardless of whether the notices, statements, or materials are developed or compiled as a result of an investigation; provided that identifying information concerning the treatment or delivery of professional services to a patient who has not consented to its public disclosure may be deleted or redacted. Establish mechanisms for assessing the continuing competence of licensed physical therapists or physical therapist assistants to engage in the practice of physical therapy, including approving rules requiring licensees to periodically, or in response to complaints or incident reports, submit to the Board: (i) evidence of continuing education experiences; (ii) evidence of minimum standard accomplishments; or (iii) evidence of compliance with other Board-approved measures, audits, or evaluations; and specify remedial actions if necessary or desirable to obtain license renewal or reinstatement. Employ such professional, clerical or special personnel necessary to carry out the provisions of this Article, and 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 G.S. 150B-2(2) arises under this Article. Appoint from its own membership one or more members to act as representatives of the Board at any meeting where such representation is deemed desirable. Establish reasonable fees for applications for examination, certificates of licensure and renewal, and other services provided by the Board. Adopt, amend, or repeal any rules or regulations necessary to carry out the purposes of this Article and the duties and responsibilities of the Board. Request the Department of Public Safety to provide criminal history record checks pursuant to G.S. 90-270.96 in connection with licensure. Issue subpoenas, on signature of the Board Chair or Executive Director, to compel the attendance of any witness or the production of any documents relative to investigations or Board proceedings. Upon written request, the Board shall revoke a subpoena if, upon a hearing, it finds that the evidence sought does not relate to a matter in issue, the subpoena does not describe with sufficient particularity the evidence sought, or for any other reason in law the subpoena is invalid. Establish or participate in programs for aiding in the recovery and rehabilitation of physical therapists and physical therapist assistants who experience chemical or alcohol addiction or abuse or mental health problems. 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. The powers and duties enumerated above are granted for the purpose of enabling the Board to safeguard the public health, safety and welfare against unqualified or incompetent practitioners of physical therapy, and are to be liberally construed to accomplish this objective. In instances where the Board makes a decision to discipline physical therapists or physical therapist assistants under powers set out by any of subsections (2) through (6) of this section, it may as part of its decision charge the reasonable costs of investigation and hearing to the person disciplined. History (1979, c. 487; 1985, c. 701, s. 1; 1987, c. 827, ss. 1, 77; 2006-144, s. 1; 2013-312, s. 2; 2014-100, s. 17.1(o); 2017-28, s. 1.) Editor's Note. - This section was formerly codified as G.S. 90-270.26. It was recodified as G.S. 90-270.92 by Session Laws 2017-28, s. 1, effective October 1, 2017. At the direction of the Revisor of Statutes, subdivision (3a) was renumbered as subdivision (4), and the remaining subdivisions were renumbered accordingly. Pursuant to this renumbering, the reference in the last sentence of the last paragraph to "subsections (2) through (5)" was changed to "subsections (2) through (6)." Effect of Amendments. - Session Laws 2006-144, s. 1, effective July 19, 2006, added subdivision (3a). Session Laws 2013-312, s. 2, effective October 1, 2013, in subdivision (3), added "confidential" and the second through fourth sentences; added subdivisions (9) through (12); and made minor punctuation changes in subdivisions (1) through (8). Session Laws 2014-100, s. 17.1(o), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" in subdivision (9).