North Carolina § 90-334 - Functions and duties of the Board.

§ 90-334. Functions and duties of the Board.

The Board shall administer and enforce the provisions of this Article. The Board shall elect from its membership, a chairperson, a vice-chairperson, and secretary-treasurer, and adopt rules to govern its proceedings. A majority of the membership shall constitute a quorum for all Board meetings. The Board shall examine and pass on the qualifications of all applicants for licenses under this Article, and shall issue a license or renewal of license to each successful applicant therefor. The Board may adopt a seal which may be affixed to all licenses issued by the Board. The Board may authorize expenditures deemed necessary to carry out the provisions of this Article from fees paid to the Board pursuant to this section. No State appropriations shall be subject to the administration of the Board. The Board shall establish and receive fees not to exceed two hundred dollars ($200.00) for initial or renewal application and not to exceed seventy-five dollars ($75.00) for late renewal, maintain Board accounts of all receipts, and make expenditures from Board receipts for any purpose which is reasonable and necessary for the proper performance of its duties under this Article. The Board shall have the power to establish or approve study or training courses and to establish reasonable standards for licensure and license renewal, including but not limited to the power to adopt or use examination materials and accreditation standards of any recognized counselor accrediting agency and the power to establish reasonable standards for continuing counselor education. Subject to the provisions of Chapter 150B of the General Statutes, the Board shall have the power to adopt, amend, or repeal rules to carry out the purposes of this Article, including but not limited to the power to adopt ethical and disciplinary standards. The Board shall establish the criteria for determining the qualifications constituting "supervised clinical mental health practice". The Board may examine, approve, issue, deny, revoke, suspend, and renew the licenses of counselor applicants and licensees under this Article, and conduct hearings in connection with these actions. The Board shall investigate, subpoena individuals and records, and take necessary appropriate action to properly discipline persons licensed under this Article and to enforce this Article. The Board shall 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. History (1983, c. 755, s. 1; 1987, c. 827, s. 1; 1993, c. 514, s. 1; 2009-367, s. 5; 2019-240, s. 2(a).) Effect of Amendments. - Session Laws 2009-367, s. 5, effective October 1, 2009, in subsection (e), substituted "fees paid to the Board pursuant to this section" for "the fees which it collects, but in no event shall expenditures exceed the revenues of the Board during any fiscal year" in the first sentence; in subsection (f), substituted "two hundred dollars ($200.00) for initial or renewal application and not to exceed seventy-five dollars ($75.00)" for "one hundred dollars ($100.00) for initial or renewal application, not to exceed one hundred dollars ($100.00) for examination, and not to exceed twenty-five dollars ($25.00)"; and, in subsection (j), deleted "counselor applicants" following "examine" near the beginning. Session Laws 2019-240, s. 2(a), effective January 1, 2020, substituted "clinical mental health" for "professional" preceding "practice" in subsection (i); and added subsection ( l ).