CHAPTER 90. 
            Medicine and Allied Occupations. 

                       ARTICLE 1. 

                  Practice of Medicine. 


90-1. North Carolina Medical Society incorporated.
     The association of regularly graduated physicians, calling
themselves the State Medical Society, is hereby declared to be a
body politic and corporate, to be known and distinguished by the
name of The Medical Society of the State of North Carolina. The
name of the society is now the North Carolina Medical Society.
(1858-9, c. 258, s. 1; Code, s. 3121; Rev., s. 4491; C.S., s.
6605; 1981, c. 573, s. 1.)


 90-2.  Medical Board.
     (a)  In order to properly regulate the practice of medicine
and surgery for the benefit and protection of the people of North
Carolina, there is established the North Carolina Medical Board.
The Board shall consist of 12 members.
          (1)     Seven of the members shall be duly licensed
physicians elected and nominated to the Governor by the North
Carolina Medical Society.
          (2)     Of the remaining five members, all to be
appointed by the Governor, at least three shall be public members
and at least one shall be a physician assistant as defined in
G.S. 90-18.1 or a nurse practitioner as defined in G.S. 90-18.2.
A public member shall not be a health care provider nor the
spouse of a health care provider. For purposes of board
membership, "health care provider" means any licensed health care
professional and any agent or employee of any health care
institution, health care insurer, health care professional
school, or a member of any allied health profession. For purposes
of this section, a person enrolled in a program to prepare him to
be a licensed health care professional or an allied health
professional shall be deemed a health care provider. For purposes
of this section, any person with significant financial interest
in a health service or profession is not a public member.
     (b)  No member appointed to the Board on or after November
1, 1981, shall serve more than two complete consecutive three-
year terms, except that each member shall serve until his
successor is chosen and qualifies.
     (c)  In order to establish regularly overlapping terms, the
terms of office of the members shall expire as follows: two on
October 31, 1993; four on October 31, 1994; four on October 31,
1995; and two on October 31, 1996.
     (d)  Any member of the Board may be removed from office by
the Governor for good cause shown. Any vacancy in the physician
membership of the Board shall be filled for the period of the
unexpired term by the Governor from a list of physicians
submitted by the North Carolina Medical Society Executive
Council. Any vacancy in the public, physician assistant, or nurse
practitioner membership of the Board shall be filled by the
Governor for the unexpired term.
     (e)  The North Carolina Medical Board shall have the power
to acquire, hold, rent, encumber, alienate, and otherwise deal
with real property in the same manner as any private person or
corporation, subject only to approval of the Governor and the
Council of State as to the acquisition, rental, encumbering,
leasing, and sale of real property. Collateral pledged by the
Board for an encumbrance is limited to the assets, income, and
revenues of the Board. (1858-9, c. 258, ss. 3, 4; Code, s. 3123;
Rev., s. 4492; C.S., s. 6606; Ex. Sess. 1921, c. 44, s. 1; 1981,
c. 573, s. 2; 1991 (Reg. Sess., 1992), c. 787, s. 1; 1993, c.
241, s. 2; 1995, c. 94, s. 1; c. 405, s. 1; 1997-511, s. 1.)

90-3. Medical Society nominates Board.
     The Governor shall appoint as physician members of the Board
physicians elected and nominated by the North Carolina Medical
Society. (1858-9, c. 258, s. 9; Code, s. 3126; Rev., s. 4493;
C.S., s. 6607; 1981, c. 573, s. 3.)


 90-4.  Board elects officers; quorum.
     The North Carolina Medical Board is authorized to elect all
officers and adopt all bylaws as may be necessary. A majority of
the membership of the Board shall constitute a quorum for the
transaction of business. (1858-9, c. 258, s. 11; Code, s. 3128;
Rev., s. 4494; C.S., s. 6608; 1981, c. 573, s. 4; 1995, c. 94, s.
7.)


 90-5.  Meetings of Board.
     The North Carolina Medical Board shall assemble once in
every year in the City of Raleigh, and shall remain in session
from day to day until all applicants who may present themselves
for examination within the first two days of this meeting have
been examined and disposed of; other meetings in each year may be
held at some suitable point in the State if deemed advisable.
(Rev., s. 4495; 1915, c. 220, s. 1; C.S., s. 6609; 1935, c. 363;
1981, c. 573, s. 5; 1995, c. 94, s. 8.)


 90-6.  Regulations governing applicants for
license, examinations, etc.; appointment of subcommittee.
     The North Carolina Medical Board is empowered to prescribe
such regulations as it may deem proper, governing applicants for
license, admission to examinations, the conduct of applicants
during examinations, and the conduct of examinations proper.
     The North Carolina Medical Board shall appoint and maintain
a subcommittee to work jointly with a subcommittee of the Board
of Nursing to develop rules and regulations to govern the
performance of medical acts by registered nurses, including the
determination of reasonable fees to accompany an application for
approval not to exceed one hundred dollars ($100.00) and for
renewal of approval not to exceed fifty dollars ($50.00). The fee
for reactivation of an inactive incomplete application shall be
five dollars ($5.00). Rules and regulations developed by this
subcommittee from time to time shall govern the performance of
medical acts by registered nurses and shall become effective when
adopted by both the North Carolina Medical Board and the Board of
Nursing. The North Carolina Medical Board shall have
responsibility for securing compliance with these regulations.
(C.S., s. 6610; 1921, c. 47, s. 5; Ex. Sess. 1921, c. 44, s. 2;
1973, c. 92, s. 2; 1981, c. 665, s. 1; 1983, c. 53; 1995, c. 94,
s. 9; c. 405, s. 2.)


 90-7.  Bond of secretary.
     The secretary of the North Carolina Medical Board shall give
bond with good surety, to the president of the Board, for the
safekeeping and proper payment of all moneys that may come into
his hands. (1858-9, c. 258, s. 17; Code, s. 3134; Rev., s. 4497;
C.S., s. 6611; 1995, c. 94, s. 10.)

 90-8.  Officers may administer oaths, and subpoena
witnesses, records and other materials.
     The president and secretary of the Board may administer
oaths to all persons appearing before it as the Board may deem
necessary to perform its duties, and may summon and issue
subpoenas for the appearance of any witnesses deemed necessary to
testify concerning any matter to be heard before or inquired into
by the Board. The Board may order that any patient records,
documents or other material concerning any matter to be heard
before or inquired into by the Board shall be produced before the
Board or made available for inspection, notwithstanding any other
provisions of law providing for the application of any physician-
patient privilege with respect to such records, documents or
other material.  All records, documents, or other material
compiled by the Board are subject to the provisions of G.S. 90-
16.  Notwithstanding the provisions of G.S. 90-16, in any
proceeding before the Board, in any record of any hearing before
the Board, and in the notice of charges against any licensee, the
Board shall withhold from public disclosure the identity of a
patient including information relating to dates and places of
treatment, or any other information that would tend to identify
the patient, unless the patient or the representative of the
patient expressly consents to the disclosure.  Upon written
request, the Board shall revoke a subpoena if, upon a hearing, it
finds that the evidence the production of which is required does
not relate to a matter in issue, or if the subpoena does not
describe with sufficient particularity the evidence the
production of which is required, or if for any other reason in
law the subpoena is invalid. (1913, c. 20, s. 7; C.S., s. 6612;
Ex. Sess. 1921, c. 44, s. 3; 1953, c. 1248, s. 1; 1975, c. 690,
s. 1; 1979, c. 107, s. 8; 1987, c. 859, s. 5; 1991, c. 348.)


 90-9.  Examination for license; scope;
conditions and prerequisites.
     It is the duty of the North Carolina Medical Board to
examine for license to practice medicine or surgery, or any of
the branches thereof, every applicant who complies with the
following provisions: the applicant shall, before admittance to
examination, satisfy the Board of possession of academic
education equal to the entrance requirements of the University of
North Carolina, or furnish a certificate from the superintendent
of public instruction of the county that the applicant has passed
an examination upon literary attainments to meet the requirements
of entrance in the regular course of the State University. The
applicant shall exhibit a diploma or furnish satisfactory proof
of graduation from a medical college or an osteopathic college
approved by the American Osteopathic Association at the time of
graduation, dated from January 1, 1960, to the present, and whose
medical and osteopathic schools shall require an attendance of
not less than four years or for a lesser period of time approved
by the Board, and supply these facilities for clinical and
scientific instruction as meet the approval of the Board. An
applicant shall have graduated from a medical college approved by
the Liaison Commission on Medical Education or osteopathic
college that has been approved by the American Osteopathic
Association; or, if graduated from any other medical or
osteopathic college, the applicant shall be enrolled in a
graduate medical education and training program in North Carolina
that has been approved by the Board. An applicant who has
graduated from a medical college not approved by the Liaison
Commission on Medical Education or osteopathic college that has
not been approved by the American Osteopathic Association and who
has not enrolled in a graduate medical education and training
program in North Carolina which has been approved by the Board
shall satisfy the Board that the applicant has successfully
completed three years of graduate medical education in a training
program approved by the Board. No applicant from a medical or
osteopathic college that has been disapproved by the Board is
eligible to take the examination.
     The examination shall cover the branches of medical science
and subjects which the Board considers necessary to determine
competence to practice medicine. The Board may divide the
examination into parts or components.
     The Board shall grant the applicant a license authorizing
the applicant to practice medicine in any of its branches if the
Board determines that the applicant has successfully passed the
examination, is of good moral character, and is:
          (1)     a graduate of a medical college approved by the
Liaison Commission on Medical Education or an osteopathic college
approved by the American Osteopathic Association and has
successfully completed one year of training in a medical
education program approved by the Board after graduation from
medical school;
          (2)     a graduate of a medical college approved by the
Liaison Commission on Medical Education or an osteopathic college
approved by the American Osteopathic Association, is a dentist
licensed to practice dentistry under Article 2 of Chapter 90 of
the General Statutes, and has been certified by the American
Board of Oral and Maxillofacial Surgery after having completed a
residency in an Oral and Maxillofacial Surgery Residency Program
approved by the Board before completion of medical school; or
          (3)     a graduate of a medical college that has not
been approved by the Liaison Commission on Medical Education or
an osteopathic college that has not been approved by the American
Osteopathic Association and has successfully completed three
years of training in a medical education program approved by the
Board after graduation from medical school.
     Applicants shall be examined by number only; names and other
identifying information shall not appear on examination papers.
(Rev., s. 4498; 1913, c. 20, ss. 2, 3, 6; C.S., s. 6613; 1921, c.
47, s. 1; 1969, c. 612, s. 1; c. 929, s. 1; 1971, c. 1150, s. 1;
1977, c. 838, s. 1; 1981, c. 573, s. 6; 1985, c. 739, ss. 1-3;
1993, c. 190, s. 1; 1995, c. 94, s. 11.)

90-10. Provision in lieu of examination.
     In lieu of the above examination, the Board may grant a
license to an applicant who is found to have passed the
examination given by the National Board of Medical Examiners, or
who has passed such other examination which the Board deems to be
equivalent to the examination given by the Board, provided the
applicant meets the other qualifications set forth in this
Article. (C.S., s. 6614; 1921, c. 41, s. 2; Ex. Sess. 1921, c.
44, s. 4; 1969, c. 612, s. 2; c. 929, s. 2; 1971, c. 1150, s. 2;
1975, c. 690, s. 2.)


 90-11.  Qualifications of applicant for
license.
     Every applicant for a license to practice medicine or to
perform medical acts, tasks, and functions as a physician
assistant in the State shall satisfy the North Carolina Medical
Board that the applicant is of good moral character and meets the
other qualifications for the issuance of a license before any
such license is granted by the Board to the applicant. (C.S., s.
6615; 1921, c. 47, s. 3; Ex. Sess. 1921, c. 44, s. 5; 1971, c.
1150, s. 3; 1981, c. 573, s. 7; 1995, c. 94, s. 12; 1997-511, s.
2.)


 90-12.  Limited license; limited volunteer
license.
     (a)  The Board may, whenever in its opinion the conditions
of the locality where the applicant resides are such as to render
it advisable, make any modifications of the requirements of G.S.
90-9, 90-10, and 90-11 as in its judgment the interests of the
people living in that locality may demand, and may issue to the
applicant a special license, to be entitled a "Limited License,"
authorizing the holder of the limited license to practice
medicine and surgery within the limits only of the districts
specifically described therein. A resident's training license
shall expire at the time its holder ceases to be a resident in
the training program or obtains any other license to practice
medicine issued by the Board. The holder of the limited license
practicing medicine or surgery beyond the boundaries of the
districts as laid down in said license shall be guilty of a Class
3 misdemeanor, and upon conviction shall only be fined not less
than twenty-five dollars ($25.00) nor more than fifty dollars
($50.00) for each and every offense; and the Board may revoke the
limited license, in its discretion, after due notice.
     (b)  As used in subsection (a) of this section:
          (1)     "Limited license" includes a resident's
training license.
          (2)     "Resident training license" means a license to
practice in a medical education and training program, approved by
the Board, for the purpose of education or training.
     (c)  The Board shall issue to an applicant a special license
to be entitled a "Limited Volunteer License," authorizing the
holder of the limited license to practice medicine and surgery
only at clinics which specialize in the treatment of indigent
patients. The holder of a limited license issued pursuant to this
subsection may not receive compensation for services rendered at
clinics specializing in the care of indigent patients. The Board
shall issue a limited license under this subsection to an
applicant who:
          (1)     Has a license to practice medicine and surgery
in another state;
          (2)     Produces a letter from the state of licensure
indicating the applicant is in good standing; and
          (3)     Is authorized to treat personnel enlisted in
the United States armed services or veterans.
The Board shall issue a limited license under this subsection
within 30 days after an applicant provides the Board with
information satisfying the requirements of this subsection.
     The holder of a limited license issued pursuant to this
subsection who practices medicine or surgery at places other than
clinics which specialize in the treatment of indigent patients
shall be guilty of a Class 3 misdemeanor and, upon conviction,
shall only be fined not less than twenty-five dollars ($25.00)
nor more than fifty dollars ($50.00) for each and every offense;
and the Board may revoke the limited license, in its discretion,
after due notice. (1909, c. 218, s. 1; C.S., s. 6616; 1967, c.
691, s. 42; 1981, c. 573, s. 8; 1993, c. 539, s. 614; 1994, Ex.
Sess., c. 24, s. 14(c); 1995, c. 405, s. 3; 1995 (Reg. Sess.,
1996), c. 634, s. 2.)


 90-12.1.  Physician assistant limited
volunteer license.
     The Board shall issue a limited volunteer license which
shall authorize a physician assistant to perform medical acts,
tasks, and functions without payment or other compensation if the
physician assistant meets one of the following:
          (1)     Holds a current license or registration in
another state and submits proof of this status to the Board.
          (2)     Holds a current license in this State and is
not currently employed as a physician assistant.
          (3)     Is a member of the United States armed services
or is employed by the Veterans' Administration or another federal
agency. (1997-511, s. 3.)


 90-13.  When license without examination
allowed.
     The North Carolina Medical Board shall in their discretion
issue a license to any applicant to practice medicine and surgery
in this State without examination if said applicant exhibits a
diploma or satisfactory proof of graduation from a medical or
osteopathic college, approved as provided in G.S. 90-9 and
requiring an attendance of not less than four years or for such
lesser period of time approved by the Board, and a license issued
to him to practice medicine and surgery by the Board of Medical
Examiners of another state, and has successfully completed one
year of training after his graduation from medical college in a
medical education and training program approved by the Board, in
which program the Board may permit him to practice medicine. An
applicant for licensing under this section who was graduated from
a medical college not approved by the Liaison Commission on
Medical Education or osteopathic college that has not been
approved by the American Osteopathic Association shall have
successfully completed three years of training in a medical
education and training program approved by the Board after
graduation. The Board may grant a license under this section for
any period of time and with any conditions it deems appropriate.
No license may be granted to any applicant who was graduated from
a medical or osteopathic college which has been disapproved by
the Board. (1907, c. 890; 1913, c. 20, s. 3; C.S., s. 6617; 1969,
c. 612, s. 3; 1971, c. 1150, s. 4; 1975, c. 690, s. 3; 1977, c.
838, s. 2; 1985, c. 739, s. 4; 1995, c. 94, s. 13.)


 90-14.  Revocation, suspension, annulment or
denial of license.
     (a)  The Board shall have the power to deny, annul, suspend,
or revoke a license, or other authority to practice medicine in
this State, issued by the Board to any person who has been found
by the Board to have committed any of the following acts or
conduct, or for any of the following reasons:
          (1)     Immoral or dishonorable conduct.
          (2)     Producing or attempting to produce an abortion
contrary to law.
          (3)     Made false statements or representations to the
Board, or who has willfully concealed from the Board material
information in connection with an application for a license.
          (4)     Repealed by Session Laws 1977, c. 838, s. 3.
          (5)     Being unable to practice medicine with
reasonable skill and safety to patients by reason of illness,
drunkenness, excessive use of alcohol, drugs, chemicals, or any
other type of material or by reason of any physical or mental
abnormality. The Board is empowered and authorized to require a
physician licensed by it to submit to a mental or physical
examination by physicians designated by the Board before or after
charges may be presented against the physician, and the results
of the examination shall be admissible in evidence in a hearing
before the Board.
          (6)     Unprofessional conduct, including, but not
limited to, departure from, or the failure to conform to, the
standards of acceptable and prevailing medical practice, or the
ethics of the medical profession, irrespective of whether or not
a patient is injured thereby, or the committing of any act
contrary to honesty, justice, or good morals, whether the same is
committed in the course of the physician's practice or otherwise,
and whether committed within or without North Carolina. The Board
shall not revoke the license of or deny a license to a person
solely because of that person's practice of a therapy that is
experimental, nontraditional, or that departs from acceptable and
prevailing medical practices unless, by competent evidence, the
Board can establish that the treatment has a safety risk greater
than the prevailing treatment or that the treatment is generally
not effective.
          (7)     Conviction in any court of a crime involving
moral turpitude, or the violation of a law involving the practice
of medicine, or a conviction of a felony; provided that a felony
conviction shall be treated as provided in subsection (c) of this
section.
          (8)     By false representations has obtained or
attempted to obtain practice, money or anything of value.
          (9)     Has advertised or publicly professed to treat
human ailments under a system or school of treatment or practice
other than that for which the physician has been educated.
          (10)     Adjudication of mental incompetency, which
shall automatically suspend a license unless the Board orders
otherwise.
          (11)     Lack of professional competence to practice
medicine with a reasonable degree of skill and safety for
patients. In this connection the Board may consider repeated acts
of a physician indicating the physician's failure to properly
treat a patient. The Board may, upon reasonable grounds, require
a physician to submit to inquiries or examinations, written or
oral, by members of the Board or by other physicians licensed to
practice medicine in this State, as the Board deems necessary to
determine the professional qualifications of such licensee.
          (12)     Promotion of the sale of drugs, devices,
appliances or goods for a patient, or providing services to a
patient, in such a manner as to exploit the patient, and upon a
finding of the exploitation, the Board may order restitution be
made to the payer of the bill, whether the patient or the
insurer, by the physician; provided that a determination of the
amount of restitution shall be based on credible testimony in the
record.
          (13)     Having a license to practice medicine or the
authority to practice medicine revoked, suspended, restricted, or
acted against or having a license to practice medicine denied by
the licensing authority of any jurisdiction. For purposes of this
subdivision, the licensing authority's acceptance of a license to
practice medicine voluntarily relinquished by a physician or
relinquished by stipulation, consent order, or other settlement
in response to or in anticipation of the filing of administrative
charges against the physician's license, is an action against a
license to practice medicine.
          (14)     The failure to respond, within a reasonable
period of time and in a reasonable manner as determined by the
Board, to inquiries from the Board concerning any matter
affecting the license to practice medicine.
          (15)     The failure to complete an amount not to
exceed 150 hours of continuing medical education during any three
consecutive calendar years pursuant to rules adopted by the
Board.
     For any of the foregoing reasons, the Board may deny the
issuance of a license to an applicant or revoke a license issued
to a physician, may suspend such a license for a period of time,
and may impose conditions upon the continued practice after such
period of suspension as the Board may deem advisable, may limit
the accused physician's practice of medicine with respect to the
extent, nature or location of the physician's practice as the
Board deems advisable. The Board may, in its discretion and upon
such terms and conditions and for such period of time as it may
prescribe, restore a license so revoked or rescinded, except that
no license that has been revoked shall be restored for a period
of two years following the date of revocation.
     (b)  The Board shall refer to the State Medical Society
Physician Health and Effectiveness Committee all physicians whose
health and effectiveness have been significantly impaired by
alcohol, drug addiction or mental illness.
     (c)  A felony conviction shall result in the automatic
revocation of a license issued by the Board, unless the Board
orders otherwise or receives a request for a hearing from the
person within 60 days of receiving notice from the Board, after
the conviction, of the provisions of this subsection. If the
Board receives a timely request for a hearing in such a case, the
provisions of G.S. 90-14.2 shall be followed.
     (d)  The Board and its members and staff may release
confidential or nonpublic information to any health care
licensure board in this State or another state about the
issuance, denial, annulment, suspension, or revocation of a
license, or the voluntary surrender of a license by a Board-
licensed physician, including the reasons for the action, or an
investigative report made by the Board. The Board shall notify
the physician within 60 days after the information is
transmitted. A summary of the information that is being
transmitted shall be furnished to the physician. If the physician
requests, in writing, within 30 days after being notified that
such information has been transmitted, he shall be furnished a
copy of all information so transmitted. The notice or copies of
the information shall not be provided if the information relates
to an ongoing criminal investigation by any law-enforcement
agency, or authorized Department of Health and Human Services
personnel with enforcement or investigative responsibilities.
     (e)  The Board and its members and staff shall not be held
liable in any civil or criminal proceeding for exercising, in
good faith, the powers and duties authorized by law. (C.S., s.
6618; 1921, c. 47, s. 4; Ex. Sess. 1921, c. 44, s. 6; 1933, c.
32; 1953, c. 1248, s. 2; 1969, c. 612, s. 4; c. 929, s. 6; 1975,
c. 690, s. 4; 1977, c. 838, s. 3; 1981, c. 573, ss. 9, 10; 1987,
c. 859, ss. 6-10; 1993, c. 241, s. 1; 1995, c. 405, s. 4; 1997-
443, s. 11A.118(a); 1997-481, s. 1.)


 90-14.1.  Judicial review of Board's decision
denying issuance of a license.
     Whenever the North Carolina Medical Board has determined
that a person who has duly made application to take an
examination to be given by the Board showing his education,
training and other qualifications required by said Board, or that
a person who has taken and passed an examination given by the
Board, has failed to satisfy the Board of his qualifications to
be examined or to be issued a license, for any cause other than
failure to pass an examination, the Board shall immediately
notify such person of its decision, and indicate in what respect
the applicant has so failed to satisfy the Board. Such applicant
shall be given a formal hearing before the Board upon request of
such applicant filed with or mailed by registered mail to the
secretary of the Board at Raleigh, North Carolina, within 10 days
after receipt of the Board's decision, stating the reasons for
such request. The Board shall within 20 days of receipt of such
request notify such applicant of the time and place of a public
hearing, which shall be held within a reasonable time. The burden
of satisfying the Board of his qualifications for licensure shall
be upon the applicant. Following such hearing, the Board shall
determine whether the applicant is qualified to be examined or is
entitled to be licensed as the case may be. Any such decision of
the Board shall be subject to judicial review upon appeal to the
Superior Court of Wake County upon the filing with the Board of a
written notice of appeal with exceptions taken to the decision of
the Board within 20 days after service of notice of the Board's
final decision. Within 30 days after receipt of notice of appeal,
the secretary of the Board shall certify to the clerk of the
Superior Court of Wake County the record of the case which shall
include a copy of the notice of hearing, a transcript of the
testimony and evidence received at the hearing, a copy of the
decision of the Board, and a copy of the notice of appeal and
exceptions. Upon appeal the case shall be heard by the judge
without a jury, upon the record, except that in cases of alleged
omissions or errors in the record, testimony may be taken by the
court. The decision of the Board shall be upheld unless the
substantial rights of the applicant have been prejudiced because
the decision of the Board is in violation of law or is not
supported by any evidence admissible under this Article, or is
arbitrary or capricious. Each party to the review proceeding may
appeal to the Supreme Court as hereinafter provided in G.S. 90-
14.11. (1953, c. 1248, s. 3; 1995, c. 94, s. 14.)

90-14.2. Hearing before revocation or suspension of a
license.
     Before the Board shall revoke, restrict or suspend any
license granted by it, the licensee shall be given a written
notice indicating the general nature of the charges, accusation,
or complaint made against him, which notice may be prepared by a
committee or one or more members of the Board designated by the
Board, and stating that such licensee will be given an
opportunity to be heard concerning such charges or complaint at a
time and place stated in such notice, or at a time and place to
be thereafter designated by the Board, and the Board shall hold a
public hearing not less than 30 days from the date of the service
of such notice upon such licensee, at which such licensee may
appear personally and through counsel, may cross examine
witnesses and present evidence in his own behalf. A physician who
is mentally incompetent shall be represented at such hearing and
shall be served with notice as herein provided by and through a
guardian ad litem appointed by the clerk of the court of the
county in which the physician has his residence. Such licensee or
physician may, if he desires, file written answers to the charges
or complaints preferred against him within 30 days after the
service of such notice, which answer shall become a part of the
record but shall not constitute evidence in the case. (1953, c.
1248, s. 3; 1975, c. 690, s. 5.)


 90-14.3.  Service of notices.
     Any notice required by this Chapter may be served either
personally or by an officer authorized by law to serve process,
or by registered or certified mail, return receipt requested,
directed to the licensee or applicant at his last known address
as shown by the records of the Board. If notice is served
personally, it shall be deemed to have been served at the time
when the officer delivers the notice to the person addressed.
Where notice is served by registered or certified mail, it shall
be deemed to have been served on the date borne by the return
receipt showing delivery of the notice to the addressee, showing
refusal of the addressee to accept the notice, or showing failure
to locate the addressee at the last known address as shown by the
records of the Board. (1953, c. 1248, s. 3; 1995, c. 405, s. 5.)

90-14.4. Place of hearings for revocation or suspension of
license.
     Upon written request of the accused physician to the
secretary of the Board within 20 days after service of the
charges or complaints against him, a hearing for the purpose of
determining revocation or suspension of his license shall be
conducted in the county in which such physician maintains his
residence, or at the election of the Board, in any county in
which the act or acts complained of occurred. In the absence of
such request, the hearing shall be held at a place designated by
the Board, or as agreed upon by the physician and the Board.
(1953, c. 1248, s. 3; 1981, c. 573, s. 11.)

90-14.5. Use of trial examiner or depositions.
     Where the licensee requests that the hearing herein provided
for be held by the Board in a county other than the county
designated for the holding of the meeting of the Board at which
the matter is to be heard, the Board may designate in writing one
or more of its members to conduct the hearing as a trial examiner
or trial committee, to take evidence and report a written
transcript thereof to the Board at a meeting where a majority of
the members are present and participating in the decision.
Evidence and testimony may also be presented at such hearings and
to the Board in the form of depositions taken before any person
designated in writing by the Board for such purpose or before any
person authorized to administer oaths, in accordance with the
procedure for the taking of depositions in civil actions in the
superior court. (1953, c. 1248, s. 3.)

90-14.6. Evidence admissible.
     In proceedings held pursuant to this Article the Board shall
admit and hear evidence in the same manner and form as prescribed
by law for civil actions. A complete record of such evidence
shall be made, together with the other proceedings incident to
such hearing. (1953, c. 1248, s. 3.)

90-14.7. Procedure where person fails to request or appear
for hearing.
     If a person who has requested a hearing does not appear, and
no continuance has been granted, the Board or its trial examiner
or committee may hear the evidence of such witnesses as may have
appeared, and the Board may proceed to consider the matter and
dispose of it on the basis of the evidence before it. For good
cause, the Board may reopen any case for further hearing. (1953,
c. 1248, s. 3.)

90-14.8. Appeal from Board's decision revoking or suspending
a license.
     A physician whose license is revoked or suspended by the
Board may obtain a review of the decision of the Board in the
Superior Court of Wake County or in the superior court in the
county in which the hearing was held or upon agreement of the
parties to the appeal in any other superior court of the State,
upon filing with the secretary of the Board a written notice of
appeal within 20 days after the date of the service of the
decision of the Board, stating all exceptions taken to the
decision of the Board and indicating the court in which the
appeal is to be heard.
     Within 30 days after the receipt of a notice of appeal as
herein provided, the Board shall prepare, certify and file with
the clerk of  the superior court in the county to which the
appeal is directed the record of the case comprising a copy of
the charges, notice of hearing, transcript of testimony, and
copies of documents or other written evidence produced at the
hearing, decision of the Board, and notice of appeal containing
exceptions to the decision of the Board. (1953, c. 1248, s. 3;
1981, c. 573, s. 12.)


 90-14.9.  Appeal bond; stay of Board
order.
     (a)  The person seeking the review shall file with the clerk
of the reviewing court a copy of the notice of appeal and an
appeal bond of two hundred dollars ($200.00) at the same time the
notice of appeal is filed with the Board. Subject to subsection
(b) of this section, at any time before or during the review
proceeding the aggrieved person may apply to the reviewing court
for an order staying the operation of the Board decision pending
the outcome of the review, which the court may grant or deny in
its discretion.
     (b)  No stay shall be granted under this section unless the
Board is given prior notice and an opportunity to be heard in
response to the application for an order staying the operation of
the Board decision. (1953, c. 1248, s. 3; 1995, c. 405, s. 6.)

90-14.10. Scope of review.
     Upon the review of the Board's decision revoking or
suspending a license, the case shall be heard by the judge
without a jury, upon the record, except that in cases of alleged
omissions or errors in the record, testimony thereon may be taken
by the court. The court may affirm the decision of the Board or
remand the case for further proceedings; or it may reverse or
modify the decision if the substantial rights of the accused
physician have been prejudiced because the findings or decisions
of the Board are in violation of substantive or procedural law,
or are not supported by competent, material, and substantial
evidence admissible under this Article, or are arbitrary or
capricious. At any time after the notice of appeal has been
filed, the court may remand the case to the Board for the hearing
of any additional evidence which is material and is not
cumulative and which could not reasonably have been presented at
the hearing before the Board. (1953, c. 1248, s. 3.)


 90-14.11.  Appeal; appeal bond.
     (a)  Any party to the review proceeding, including the
Board, may appeal from the decision of the superior court under
rules of procedure applicable in other civil cases. No appeal
bond shall be required of the Board. Subject to subsection (b) of
this section, the appealing party may apply to the superior court
for a stay of that court's decision or a stay of the Board's
decision, whichever shall be appropriate, pending the outcome of
the appeal.
     (b)  No stay shall be granted unless all parties are given
prior notice and an opportunity to be heard in response to the
application for an order staying the operation of the Board
decision. (1953, c. 1248, s. 3; 1989, c. 770, s. 75.1; 1995, c.
405, s. 7.)

 90-14.12. Injunctions.
     The Board may appear in its own name in the superior courts
in an action for injunctive relief to prevent violation of this
Article and the superior courts shall have power to grant such
injunctions regardless of whether criminal prosecution has been
or may be instituted as a result of such violations. Actions
under this section shall be commenced in the superior court
district or set of districts as defined in G.S. 7A-41.1 in which
the respondent resides or has his principal place of business or
in which the alleged acts occurred. (1953, c. 1248, s. 3; 1981,
c. 573, s. 13; 1987 (Reg. Sess., 1988), c. 1037, s. 100.)


 90-14.13.  Reports of disciplinary action by
health care institutions; immunity from liability.
     The chief administrative officer of every licensed hospital
or other health care institution, including Health Maintenance
Organizations, as defined in G.S. 58-67-5, preferred providers,
as defined in G.S. 58-50-56, and all other provider organizations
that issue credentials to physicians who practice medicine in the
State, shall, after consultation with the chief of staff of that
institution, report to the Board any revocation, suspension, or
limitation of a physician's privileges to practice in that
institution. A hospital is not required to report the suspension
of a physician's privileges for failure to timely complete
medical records unless the suspension is the third within the
calendar year for failure to timely complete medical records.
Upon reporting the third suspension, the hospital shall also
report the previous two suspensions. The institution shall also
report to the Board resignations from practice in that
institution by persons licensed under this Article. The Board
shall report all violations of this subsection known to it to the
licensing agency for the institution involved.
     Any licensed physician who does not possess professional
liability insurance shall report to the Board any award of
damages or any settlement of any malpractice complaint affecting
his or her practice within 30 days of the award or settlement.
     The chief administrative officer of each insurance company
providing professional liability insurance for physicians who
practice medicine in North Carolina, the administrative officer
of the Liability Insurance Trust Fund Council created by G.S. 116-
220, and the administrative officer of any trust fund operated by
a hospital authority, group, or provider shall report to the
Board within 30 days:
          (1)     Any award of damages or settlement affecting or
involving a physician it insures, or
          (2)     Any cancellation or nonrenewal of its
professional liability coverage of a physician, if the
cancellation or nonrenewal was for cause.
     The Board may request details about any action and the
officers shall promptly furnish the requested information. The
reports required by this section are privileged and shall not be
open to the public. The Board shall report all violations of this
paragraph to the Commissioner of Insurance.
     Any person making a report required by this section shall be
immune from any criminal prosecution or civil liability resulting
therefrom unless such person knew the report was false or acted
in reckless disregard of whether the report was false. (1981, c.
573, s. 14; 1987, c. 859, s. 11; 1995, c. 405, s. 8; 1997-481, s.
2; 1997-519, s. 3.14.)


 90-15.  License fee; salaries, fees, and
expenses of Board.
     Each applicant for a license by examination shall pay to the
North Carolina Medical Board a fee which shall be prescribed by
the Board in an amount not exceeding the sum of four hundred
dollars ($400.00) plus the cost of test materials before being
admitted to the examination. Whenever a license is granted
without examination, as authorized in G.S. 90-13, the applicant
shall pay to the Board a fee in an amount to be prescribed by the
Board not in excess of two hundred fifty dollars ($250.00).
Whenever a limited license is granted as provided in G.S. 90-12,
the applicant shall pay to the Board a fee not to exceed one
hundred fifty dollars ($150.00), except where a limited license
to practice in a medical education and training program approved
by the Board for the purpose of education or training is granted,
the applicant shall pay a fee of twenty-five dollars ($25.00). A
fee of twenty-five dollars ($25.00) shall be paid for the
issuance of a duplicate license. All fees shall be paid in
advance to the North Carolina Medical Board, to be held in a fund
for the use of the Board. The compensation and expenses of the
members and officers of the Board and all expenses proper and
necessary in the opinion of the Board to the discharge of its
duties under and to enforce the laws regulating the practice of
medicine or surgery shall be paid out of the fund, upon the
warrant of the Board. The per diem compensation of Board members
shall not exceed two hundred dollars ($200.00) per day per member
for time spent in the performance and discharge of duties as a
member. Any unexpended sum or sums of money remaining in the
treasury of the Board at the expiration of the terms of office of
the members of the Board shall be paid over to their successors
in office.
     For the initial and annual registration of an assistant to a
physician, the Board may require the payment of a fee not to
exceed a reasonable amount. (1858-9, c. 258, s. 13; Code, s.
3130; Rev., s. 4501; 1913, c. 20, ss. 4, 5; C.S., s. 6619; 1921,
c. 47, s. 5; Ex. Sess. 1921, c. 44, s. 7; 1953, c. 187; 1969, c.
929, s. 4; 1971, c. 817, s. 2; c. 1150, s. 5; 1977, c. 838, s. 4;
1979, c. 196, s. 1; 1981, c. 573, s. 15; 1983 (Reg. Sess., 1984),
c. 1063, s. 1; 1985, c. 362, ss. 1-3; 1987, c. 859, ss. 13, 14;
1993 (Reg. Sess., 1994), c. 566, s. 2; 1995, c. 94, s. 15; c.
509, s. 37.)


 90-15.1.  Registration every year with
Board.
     Every person licensed to practice medicine by the North
Carolina Medical Board shall register annually with the Board
within 30 days of the person's birthday. A person who registers
with the Board shall report to the Board the person's name and
office and residence address and any other information required
by the Board, and shall pay a registration fee fixed by the Board
not in excess of one hundred dollars ($100.00). A physician who
is not actively engaged in the practice of medicine in North
Carolina and who does not wish to register the license may direct
the Board to place the license on inactive status. For purposes
of annual registration, the Board shall use a simplified
registration form which allows registrants to confirm information
on file with the Board. A physician who fails to register as
required by this section shall pay an additional fee of twenty
dollars ($20.00) to the Board. The license of any physician who
fails to register and who remains unregistered for a period of 30
days after certified notice of the failure is automatically
inactive. A person whose license is inactive shall not practice
medicine in North Carolina nor be required to pay the annual
registration fee. Upon payment of all accumulated fees and
penalties, the license of the physician may be reinstated,
subject to the Board requiring the physician to appear before the
Board for an interview and to comply with other licensing
requirements. The penalty may not exceed the maximum fee for a
license under G.S. 90-13. (1957, c. 597; 1969, c. 929, s. 5;
1979, c. 196, s. 2; 1983 (Reg. Sess., 1984), c. 1063, s. 2; 1987,
c. 859, s. 12; 1993 (Reg. Sess., 1994), c. 566, s. 1; 1995, c.
94, s. 16; 1995 (Reg. Sess., 1996), c. 634, s. 1(a); 1997-481, s.
3.)


 90-16.  Board to keep record; publication of
names of licentiates; transcript as evidence; receipt of evidence
concerning treatment of patient who has not consented to public
disclosure.
     The North Carolina Medical Board shall keep a regular record
of its proceedings in a book kept for that purpose, together with
the names of the members of the Board present, the names of the
applicants for license, and other information as to its actions.
The North Carolina Medical Board shall cause to be entered in a
separate book the name of each applicant to whom a license is
issued to practice medicine or surgery, along with any
information pertinent to such issuance. The North Carolina
Medical Board shall publish the names of those licensed in three
daily newspapers published in the State of North Carolina, within
30 days after granting the same. A transcript of any such entry
in the record books, or certificate that there is not entered
therein the name and proficiency or date of granting such license
of a person charged with the violation of the provisions of this
Article, certified under the hand of the secretary and the seals
of the North Carolina Medical Board, shall be admitted as
evidence in any court of this State when it is otherwise
competent.
     The Board may in a closed session receive evidence involving
or concerning the treatment of a patient who has not expressly or
impliedly consented to the public disclosure of such treatment as
may be necessary for the protection of the rights of such patient
or of the accused physician and the full presentation of relevant
evidence. All records, papers and other documents containing
information collected and compiled by the Board, or its members
or employees as a result of investigations, inquiries or
interviews conducted in connection with a licensing or
disciplinary matter shall not be considered public records within
the meaning of Chapter 132 of the General Statutes; provided,
however, that any notice or statement of charges against any
licensee, or any notice to any licensee of a hearing in any
proceeding shall be a public record within the meaning of Chapter
132 of the General Statutes, notwithstanding that it may contain
information collected and compiled as a result of any such
investigation, inquiry or interview; and provided, further, that
if any such record, paper or other document containing
information theretofore collected and compiled by the Board, as
hereinbefore provided, is received and admitted in evidence in
any hearing before the Board, it shall thereupon be a public
record within the meaning of Chapter 132 of the General Statutes.
     In any proceeding before the Board, in any record of any
hearing before the Board, and in the notice of the charges
against any licensee (notwithstanding any provision herein to the
contrary) the Board may withhold from public disclosure the
identity of a patient who has not expressly or impliedly
consented to the public disclosure of treatment by the accused
physician. (1858-9, c. 258, s. 12; Code, s. 3129; Rev., s. 4500;
C.S., s. 6620; 1921, c. 47, s. 6; 1977, c. 838, s. 5; 1993 (Reg.
Sess., 1994), c. 570, s. 6; 1995, c. 94, s. 17; 1997-481, s. 4.)

90-17. Repealed by Session Laws 1967, c. 691, s. 59.


 90-18.  Practicing without license; practicing
defined; penalties.
     (a)  No person shall practice medicine or surgery, or any of
the branches thereof, nor in any case prescribe for the cure of
diseases unless the person shall have been first licensed and
registered so to do in the manner provided in this Article, and
if any person shall practice medicine or surgery without being
duly licensed and registered, as provided in this Article, the
person shall not be allowed to maintain any action to collect any
fee for such services. The person so practicing without license
shall be guilty of a Class 1 misdemeanor.
     (b)  Any person shall be regarded as practicing medicine or
surgery within the meaning of this Article who shall diagnose or
attempt to diagnose, treat or attempt to treat, operate or
attempt to operate on, or prescribe for or administer to, or
profess to treat any human ailment, physical or mental, or any
physical injury to or deformity of another person. A person who
resides in any state and who, by use of any electronic or other
mediums, performs any of the acts described in this subsection
shall be regarded as practicing medicine or surgery and shall be
subject to the provisions of this Article and appropriate
regulation by the North Carolina Medical Board.
     (c)  The following shall not constitute practicing medicine
or surgery as defined in subsection (b) of this section:
          (1)     The administration of domestic or family
remedies in cases of emergency.
          (2)     The practice of dentistry by any legally
licensed dentist engaged in the practice of dentistry and dental
surgery.
          (3)     The practice of pharmacy by any legally
licensed pharmacist engaged in the practice of pharmacy.
          (4)     The practice of medicine and surgery by any
surgeon or physician of the United States army, navy, or public
health service in the discharge of his official duties.
          (5)     The treatment of the sick or suffering by
mental or spiritual means without the use of any drugs or other
material means.
          (6)     The practice of optometry by any legally
licensed optometrist engaged in the practice of optometry.
          (7)     The practice of midwifery as defined in G.S. 90-
178.2.
          (8)     The practice of chiropody by any legally
licensed chiropodist when engaged in the practice of chiropody,
and without the use of any drug.
          (9)     The practice of osteopathy by any legally
licensed osteopath when engaged in the practice of osteopathy as
defined by law, and especially G.S. 90-129.
          (10)     The practice of chiropractic by any legally
licensed chiropractor when engaged in the practice of
chiropractic as defined by law, and without the use of any drug
or surgery.
          (11)     The practice of medicine or surgery by any
nonregistered reputable physician or surgeon who comes into this
State, either in person or by use of any electronic or other
mediums, on an irregular basis, to consult with a resident
registered physician or to consult with personnel at a medical
school about educational or medical training. This proviso shall
not apply to physicians resident in a neighboring state and
regularly practicing in this State.
          (12)     Any person practicing radiology as hereinafter
defined shall be deemed to be engaged in the practice of medicine
within the meaning of this Article. "Radiology" shall be defined
as, that method of medical practice in which demonstration and
examination of the normal and abnormal structures, parts or
functions of the human body are made by use of X ray. Any person
shall be regarded as engaged in the practice of radiology who
makes or offers to make, for a consideration, a demonstration or
examination of a human being or a part or parts of a human body
by means of fluoroscopic exhibition or by the shadow imagery
registered with photographic materials and the use of X rays; or
holds himself out to diagnose or able to make or makes any
interpretation or explanation by word of mouth, writing or
otherwise of the meaning of such fluoroscopic or registered
shadow imagery of any part of the human body by use of X rays; or
who treats any disease or condition of the human body by the
application of X rays or radium. Nothing in this subdivision
shall prevent the practice of radiology by any person licensed
under the provisions of Articles 2, 7, 8, and 12A of this
Chapter.
          (13)     The performance of any medical acts, tasks,
and functions by a licensed physician assistant at the direction
or under the supervision of a physician in accordance with rules
adopted by the Board. This subdivision shall not limit or prevent
any physician from delegating to a qualified person any acts,
tasks, and functions that are otherwise permitted by law or
established by custom. The Board shall authorize physician
assistants licensed in this State or another state to perform
specific medical acts, tasks, and functions during a disaster.
          (14)     The practice of nursing by a registered nurse
engaged in the practice of nursing and the performance of acts
otherwise constituting medical practice by a registered nurse
when performed in accordance with rules and regulations developed
by a joint subcommittee of the North Carolina Medical Board and
the Board of Nursing and adopted by both boards.
          (15)     The practice of dietetics/nutrition by a
licensed dietitian/nutritionist under the provisions of Article
25 of this Chapter.
          (16)     The practice of acupuncture by a licensed
acupuncturist in accordance with the provisions of Article 30 of
this Chapter. (1858-9, c. 258, s. 2; Code, s. 3122; 1885, c. 117,
s. 2; c. 261; 1889, c. 181, ss. 1, 2; Rev., ss. 3645, 4502; C.S.,
s. 6622; 1921, c. 47, s. 7; Ex. Sess. 1921, c. 44, s. 8; 1941, c.
163; 1967, c. 263, s. 1; 1969, c. 612, s. 5; c. 929, s. 3; 1971,
c. 817, s. 1; c. 1150, s. 6; 1973, c. 92, s. 1; 1983, c. 897, s.
2; 1993, c. 303, s. 2; c. 539, s. 615; 1994, Ex. Sess., c. 24, s.
14(c); 1995, c. 94, ss. 18, 19; 1997-511, s. 4; 1997-514, s. 1.)


 90-18.1.  Limitations on physician
assistants.
     (a)  Any person who is licensed under the provisions of G.S.
90-11 to perform medical acts, tasks, and functions as an
assistant to a physician may use the title "physician assistant".
Any other person who uses the title in any form or holds out to
be a physician assistant or to be so licensed, shall be deemed to
be in violation of this Article.
     (b)  Physician assistants are authorized to write
prescriptions for drugs under the following conditions:
          (1)     The North Carolina Medical Board has adopted
regulations governing the approval of individual physician
assistants to write prescriptions with such limitations as the
Board may determine to be in the best interest of patient health
and safety.
          (2)     The physician assistant holds a current license
issued by the Board.
          (3)     The North Carolina Medical Board has assigned
an identification number to the physician assistant which is
shown on the written prescription.
          (4)     The supervising physician has provided to the
physician assistant written instructions about indications and
contraindications for prescribing drugs and a written policy for
periodic review by the physician of the drugs prescribed.
     (c)  Physician assistants are authorized to compound and
dispense drugs under the following conditions:
          (1)     The function is performed under the supervision
of a licensed pharmacist.
          (2)     Rules and regulations of the North Carolina
Board of Pharmacy governing this function are complied with.
          (3)     The physician assistant holds a current license
issued by the Board.
     (d)  Physician assistants are authorized to order
medications, tests and treatments in hospitals, clinics, nursing
homes, and other health facilities under the following
conditions:
          (1)     The North Carolina Medical Board has adopted
regulations governing the approval of individual physician
assistants to order medications, tests, and treatments with such
limitations as the Board may determine to be in the best interest
of patient health and safety.
          (2)     The physician assistant holds a current license
issued by the Board.
          (3)     The supervising physician has provided to the
physician assistant written instructions about ordering
medications, tests, and treatments, and when appropriate,
specific oral or written instructions for an individual patient,
with provision for review by the physician of the order within a
reasonable time, as determined by the Board, after the
medication, test, or treatment is ordered.
          (4)     The hospital or other health facility has
adopted a written policy, approved by the medical staff after
consultation with the nursing administration, about ordering
medications, tests, and treatments, including procedures for
verification of the physician assistants' orders by nurses and
other facility employees and such other procedures as are in the
interest of patient health and safety.
     (e)  Any prescription written by a physician assistant or
order given by a physician assistant for medications, tests, or
treatments shall be deemed to have been authorized by the
physician approved by the Board as the supervisor of the
physician assistant and the supervising physician shall be
responsible for authorizing the prescription or order.
     (f)  Any registered nurse or licensed practical nurse who
receives an order from a physician assistant for medications,
tests, or treatments is authorized to perform that order in the
same manner as if it were received from a licensed physician.
(1975, c. 627; 1977, c. 904, s. 1; 1977, 2nd Sess., c. 1194, s.
1; 1995, c. 94, s. 20; 1997-511, s. 5.)


 90-18.2.  Limitations on nurse
practitioners.
     (a)  Any nurse approved under the provisions of G.S. 90-
18(14) to perform medical acts, tasks or functions may use the
title "nurse practitioner." Any other person who uses the title
in any form or holds out to be a nurse practitioner or to be so
approved, shall be deemed to be in violation of this Article.
     (b)  Nurse practitioners are authorized to write
prescriptions for drugs under the following conditions:
          (1)     The North Carolina Medical Board and Board of
Nursing have adopted regulations developed by a joint
subcommittee governing the approval of individual nurse
practitioners to write prescriptions with such limitations as the
boards may determine to be in the best interest of patient health
and safety;
          (2)     The nurse practitioner has current approval
from the boards;
          (3)     The North Carolina Medical Board has assigned
an identification number to the nurse practitioner which is shown
on the written prescription; and
          (4)     The supervising physician has provided to the
nurse practitioner written instructions about indications and
contraindications for prescribing drugs and a written policy for
periodic review by the physician of the drugs prescribed.
     (c)  Nurse practitioners are authorized to compound and
dispense drugs under the following conditions:
          (1)     The function is performed under the supervision
of a licensed pharmacist; and
          (2)     Rules and regulations of the North Carolina
Board of Pharmacy governing this function are complied with.
     (d)  Nurse practitioners are authorized to order
medications, tests and treatments in hospitals, clinics, nursing
homes and other health facilities under the following conditions:
          (1)     The North Carolina Medical Board and Board of
Nursing have adopted regulations developed by a joint
subcommittee governing the approval of individual nurse
practitioners to order medications, tests and treatments with
such limitations as the boards may determine to be in the best
interest of patient health and safety;
          (2)     The nurse practitioner has current approval
from the boards;
          (3)     The supervising physician has provided to the
nurse practitioner written instructions about ordering
medications, tests and treatments, and when appropriate, specific
oral or written instructions for an individual patient, with
provision for review by the physician of the order within a
reasonable time, as determined by the Board, after the
medication, test or treatment is ordered; and
          (4)     The hospital or other health facility has
adopted a written policy, approved by the medical staff after
consultation with the nursing administration, about ordering
medications, tests and treatments, including procedures for
verification of the nurse practitioners' orders by nurses and
other facility employees and such other procedures as are in the
interest of patient health and safety.
     (e)  Any prescription written by a nurse practitioner or
order given by a nurse practitioner for medications, tests or
treatments shall be deemed to have been authorized by the
physician approved by the boards as the supervisor of the nurse
practitioner and such supervising physician shall be responsible
for authorizing such prescription or order.
     (f)  Any registered nurse or licensed practical nurse who
receives an order from a nurse practitioner for medications,
tests or treatments is authorized to perform that order in the
same manner as if it were received from a licensed physician.
(1977, 2nd Sess., c. 1194, s. 2; 1995, c. 94, s. 21.)

90-19, 90-20. Repealed by Session Laws 1967, c. 691, s.
59.




 90-21.  Certain offenses prosecuted in
superior court; duties of Attorney General.
     In case of the violation of the criminal provisions of G.S.
90-18, the Attorney General of the State of North Carolina, upon
complaint of the North Carolina Medical Board, shall investigate
the charges preferred, and if in his judgment the law has been
violated, he shall direct the district attorney of the district
in which the offense was committed to institute a criminal action
against the offending persons. A district attorney's fee of five
dollars ($5.00) shall be allowed and collected in accordance with
the provisions of G.S. 6-12. The North Carolina Medical Board may
also employ, at their own expense, special counsel to assist the
Attorney General or the district attorney.
     Exclusive original jurisdiction of all criminal actions
instituted for the violations of G.S. 90-18 shall be in the
superior court, the provisions of any special or local act to the
contrary notwithstanding. (1915, c. 220, s. 2; C.S., s. 6625;
1973, c. 47, s. 2; 1981, c. 573, s. 16; 1995, c. 94, s. 22.)

                           ARTICLE 1A.
                      Treatment of Minors.
                  Part 1.  General Provisions.
 90-21.1.  When physician may treat minor
without consent of parent, guardian or person in loco
parentis.
     It shall be lawful for any physician licensed to practice
medicine in North Carolina to render treatment to any minor
without first obtaining the consent and approval of either the
father or mother of said child, or any person acting as guardian,
or any person standing in loco parentis to said child where:
          (1)     The parent or parents, the guardian, or a
person standing in loco parentis to said child cannot be located
or contacted with reasonable diligence during the time within
which said minor needs to receive the treatment herein
authorized, or
          (2)     Where the identity of the child is unknown, or
where the necessity for immediate treatment is so apparent that
any effort to secure approval would delay the treatment so long
as to endanger the life of said minor, or
          (3)     Where an effort to contact a parent, guardian,
or person standing in loco parentis would result in a delay that
would  seriously worsen the physical condition of said minor, or
          (4)     Where the parents refuse to consent to a
procedure, and the necessity for immediate treatment is so
apparent that the delay required to obtain a court order would
endanger the life or seriously worsen the physical condition of
the child. No treatment shall be administered to a child over the
parent's objection as herein authorized unless the physician
shall first obtain the opinion of another physician licensed  to
practice medicine in the State of North Carolina that such
procedure is necessary to prevent immediate harm to the child.
     Provided, however, that the refusal of a physician to use,
perform or render treatment to a minor without the consent of the
minor's parent, guardian, or person standing in the position of
loco parentis, in accordance with this Article, shall not
constitute grounds for a civil action or criminal proceedings
against such physician. (1965, c. 810, s. 1; 1977, c. 625, s. 1.)

90-21.2. "Treatment" defined.
     The word "treatment" as used in G.S. 90-21.1 is hereby
defined to mean any medical procedure or treatment, including X
rays, the administration of drugs, blood transfusions, use of
anesthetics, and laboratory or other diagnostic procedures
employed by or ordered by a physician licensed to practice
medicine in the State of North Carolina that is used, employed,
or ordered to be used or employed commensurate with the exercise
of reasonable care and equal to the standards of medical practice
normally employed in the community where said physician
administers treatment to said minor. (1965, c. 810, s. 2.)

90-21.3. Performance of surgery on minor; obtaining second
opinion as to necessity.
     The word "treatment" as defined in G.S. 90-21.2 shall also
include any surgical procedure which in the opinion of the
attending physician is necessary under the terms and conditions
set out in G.S.  90-21.1; provided, however, no surgery shall be
conducted upon a minor as herein authorized unless the surgeon
shall first obtain the opinion of another physician licensed to
practice medicine in the State of North Carolina that said
surgery is necessary under the conditions set forth in G.S.
90-21.1; provided further, that in any emergency situation that
shall arise in a rural community, or in a community where it is
impossible for the surgeon to contact any other physician for the
purpose of obtaining his opinion as to the necessity for
immediate surgery, it shall not be necessary for the surgeon to
obtain approval from another physician before performing such
surgery as is necessary under the terms and conditions set forth
in G.S. 90-21.1. (1965, c. 810, s. 3.)

90-21.4. Responsibility, liability and immunity of
physicians.
     (a) Any physician licensed to practice medicine in North
Carolina providing health services to a minor under the terms,
conditions and circumstances of this Article shall not be held
liable in any civil or criminal action for providing such
services without having obtained permission from the minor's
parent, legal guardian, person standing in loco parentis, or a
legal custodian other than a parent when granted specific
authority in a custody order to consent to medical or psychiatric
treatment. The physician shall not be relieved on the basis of
this Article from liability for negligence in the diagnosis and
treatment of a minor.
     (b) The physician shall not notify a parent, legal guardian,
person standing in loco parentis, or a legal custodian other than
a parent when granted specific authority in a custody order to
consent to medical or psychiatric treatment, without the
permission of the minor, concerning the medical health services
set out in G.S. 90-21.5(a), unless the situation in the opinion
of the attending physician indicates that notification is
essential to the life or health of the minor. If a parent, legal
guardian[,] person standing in loco parentis, or a legal
custodian other than a parent when granted specific authority in
a custody order to consent to medical or psychiatric treatment
contacts the physician concerning the treatment or medical
services being provided to the minor, the physician may give
information. (1965, c. 810, s. 4; 1977, c. 582, s. 1; 1985, c.
589, s. 30.)

90-21.5. Minor's consent sufficient for certain medical
health services.
     (a) Any minor may give effective consent to a physician
licensed to practice medicine in North Carolina for medical
health services for the prevention, diagnosis and treatment of
(i) venereal disease and other diseases reportable under G.S.
130A-135, (ii) pregnancy, (iii) abuse of controlled substances or
alcohol, and (iv) emotional disturbance. This section does not
authorize the inducing of an abortion, performance of a
sterilization operation, or admission to a 24-hour facility
licensed under Article 2 of Chapter 122C of the General Statutes
except as provided in G.S. 122C-222. This section does not
prohibit the admission of a minor to a treatment facility upon
his own written application in an emergency situation as
authorized by G.S. 122C-222.
     (b) Any minor who is emancipated may consent to any medical
treatment, dental and health services for himself or for his
child. (1971, c. 35; 1977, c. 582, s. 2; 1983, c. 302, s. 2;
1985, c. 589, s. 31; 1985 (Reg. Sess., 1986), c. 863, s. 4.)


       Part 2.  Parental or Judicial Consent for Abortion.
 90-21.6.  Definitions.
     For the purposes of Part 2 only of this Article, unless the
context clearly requires otherwise:
          (1)     (Effective until July 1, 1999)
"Unemancipated minor" or "minor" means any person under the
age of 18 who has not been married or has not been emancipated
pursuant to Article 56 of Chapter 7A of the General Statutes.
          (1)     (Effective July 1, 1999) "Unemancipated
minor" or "minor" means any person under the age of 18 who has
not been married or has not been emancipated pursuant to Article
35 of Chapter 7B of the General Statutes.
          (2)     "Abortion" means the use or prescription of any
instrument, medicine, drug, or any other substance or device with
intent to terminate the pregnancy of a woman known to be
pregnant, for reasons other than to save the life or preserve the
health of an unborn child, to remove a dead unborn child, or to
deliver an unborn child prematurely, by accepted medical
procedures in order to preserve the health of both the mother and
the unborn child. (1995, c. 462, s. 1; 1998-202, s. 13(t).)


 90-21.7.  Parental consent required.
     (a)  No physician licensed to practice medicine in North
Carolina shall perform an abortion upon an unemancipated minor
unless the physician or agent thereof or another physician or
agent thereof first obtains the written consent of the minor and
of:
          (1)     A parent with custody of the minor; or
          (2)     The legal guardian or legal custodian of the
minor; or
          (3)     A parent with whom the minor is living; or
          (4)     A grandparent with whom the minor has been
living for at least six months immediately preceding the date of
the minor's written consent.
     (b)  The pregnant minor may petition, on her own behalf or
by guardian ad litem, the district court judge assigned to the
juvenile proceedings in the district court where the minor
resides or where she is physically present for a waiver of the
parental consent requirement if:
          (1)     None of the persons from whom consent must be
obtained pursuant to this section is available to the physician
performing the abortion or the physician's agent or the referring
physician or the agent thereof within a reasonable time or
manner; or
          (2)     All of the persons from whom consent must be
obtained pursuant to this section refuse to consent to the
performance of an abortion; or
          (3)     The minor elects not to seek consent of the
person from whom consent is required. (1995, c. 462, s. 1.)


 90-21.8.  Procedure for waiver of parental
consent.
     (a)  The requirements and procedures under Part 2 of this
Article are available and apply to unemancipated minors seeking
treatment in this State.
     (b)  The court shall ensure that the minor or her guardian
ad litem is given assistance in preparing and filing the petition
and shall ensure that the minor's identity is kept confidential.
     (c)  The minor may participate in proceedings in the court
on her own behalf or through a guardian ad litem. The court shall
advise her that she has a right to court appointed counsel and
shall provide her with counsel upon her request.
     (d)  Court proceedings under this section shall be
confidential and shall be given precedence over other pending
matters necessary to ensure that the court may reach a decision
promptly. In no case shall the court fail to rule within seven
days of the time of filing the application. This time limitation
may be extended at the request of the minor. At the hearing, the
court shall hear evidence relating to the emotional development,
maturity, intellect, and understanding of the minor; the nature,
possible consequences, and alternatives to the abortion; and any
other evidence that the court may find useful in determining
whether the parental consent requirement shall be waived.
     (e)  The parental consent requirement shall be waived if the
court finds:
          (1)     That the minor is mature and well-informed
enough to make the abortion decision on her own; or
          (2)     That it would be in the minor's best interests
that parental consent not be required; or
          (3)     That the minor is a victim of rape or of
felonious incest under G.S. 14-178.
     (f)  (Effective until July 1, 1999) The court shall
make written findings of fact and conclusions of law supporting
its decision and shall order that a confidential record of the
evidence be maintained. If the court finds that the minor has
been a victim of incest, whether felonious or misdemeanor, it
shall advise the Director of the Department of Social Services of
its findings for further action pursuant to Article 44 of Chapter
7A of the General Statutes.
     (f)  (Effective July 1, 1999) The court shall make
written findings of fact and conclusions of law supporting its
decision and shall order that a confidential record of the
evidence be maintained. If the court finds that the minor has
been a victim of incest, whether felonious or misdemeanor, it
shall advise the Director of the Department of Social Services of
its findings for further action pursuant to Article 3 of Chapter
7B of the General Statutes.
     (g)  If the female petitioner so requests in her petition,
no summons or other notice may be served upon the parents,
guardian, or custodian of the minor female.
     (h)  The minor may appeal an order issued in accordance with
this section. The appeal shall be a de novo hearing in superior
court. The notice of appeal shall be filed within 24 hours from
the date of issuance of the district court order. The de novo
hearing may be held out of district and out of session and shall
be held as soon as possible within seven days of the filing of
the notice of appeal. The record of the de novo hearing is a
confidential record and shall not be open for general public
inspection. The Chief Justice of the North Carolina Supreme Court
shall adopt rules necessary to implement this subsection.
     (i)  No court costs shall be required of any minor who
avails herself of the procedures provided by this section. (1995,
c. 462, s. 1; 1998-202, s. 13(u).)


 90-21.9.  Medical emergency exception.
     The requirements of parental consent prescribed by G.S. 90-
21.7(a) shall not apply when, in the best medical judgment of the
physician based on the facts of the case before the physician, a
medical emergency exists that so complicates the pregnancy as to
require an immediate abortion, or when the conditions prescribed
by G.S. 90-21.1(4) are met. (1995, c. 462, s. 1.)


 90-21.10.  Penalty.
     Any person who intentionally performs an abortion with
knowledge that, or with reckless disregard as to whether, the
person upon whom the abortion is to be performed is an
unemancipated minor, and who intentionally or knowingly fails to
conform to any requirement of Part 2 of this Article shall be
guilty of a Class 1 misdemeanor. (1995, c. 462, s. 1.)


                           ARTICLE 1B.
                  Medical Malpractice Actions.

 90-21.11.  Definitions.
     As used in this Article, the term "health care provider"
means without limitation any person who pursuant to the
provisions of Chapter 90 of the General Statutes is licensed, or
is otherwise registered or certified to engage in the practice of
or otherwise performs duties associated with any of the
following: medicine, surgery, dentistry, pharmacy, optometry,
midwifery, osteopathy, podiatry, chiropractic, radiology,
nursing, physiotherapy, pathology, anesthesiology, anesthesia,
laboratory analysis, rendering assistance to a physician, dental
hygiene, psychiatry, psychology; or a hospital or a nursing home;
or any other person who is legally responsible for the negligence
of such person, hospital or nursing home; or any other person
acting at the direction or under the supervision of any of the
foregoing persons, hospital, or nursing home.
     As used in this Article, the term "medical malpractice
action" means a civil action for damages for personal injury or
death arising out of the furnishing or failure to furnish
professional services in the performance of medical, dental, or
other health care by a health care provider. (1975, 2nd Sess., c.
977, s. 4; 1987, c. 859, s. 1; 1995, c. 509, s. 135.2(o).)

90-21.12. Standard of health care.
     In any action for damages for personal injury or death
arising out of the furnishing or the failure to furnish
professional services in the performance of medical, dental, or
other health care, the defendant shall not be liable for the
payment of damages unless the trier of the facts is satisfied by
the greater weight of the evidence that the care of such health
care provider was not in accordance with the standards of
practice among members of the same health care profession with
similar training and experience situated in the same or similar
communities at the time of the alleged act giving rise to the
cause of action. (1975, 2nd Sess., c. 977, s. 4.)


 90-21.12A.  Nonresident physicians.
     A patient may bring a medical malpractice claim in the
courts of this State against a nonresident physician who
practices medicine or surgery by use of any electronic or other
media in this State. (1997-514, s. 2.)

90-21.13. Informed consent to health care treatment or
procedure.
     (a) No recovery shall be allowed against any health care
provider upon the grounds that the health care treatment was
rendered  without the informed consent of the patient or the
patient's spouse, parent, guardian, nearest relative or other
person authorized to give  consent for the patient where:
      (1) The action of the health care provider in obtaining the
consent of the patient or other person authorized to give consent
 for the patient was in accordance with the standards of practice
    among members of the same health care profession with similar
          training and experience situated in the same or similar
                                                 communities; and
    (2) A reasonable person, from the information provided by the
       health care provider under the circumstances, would have a
 general understanding of the procedures or treatments and of the
        usual and most frequent risks and hazards inherent in the
       proposed procedures or treatments which are recognized and
followed by other health care providers engaged in the same field
               of practice in the same or similar communities; or
(3) A reasonable person, under all the surrounding circumstances,
     would have undergone such treatment or procedure had he been
       advised by the health care provider in accordance with the
       provisions of subdivisions (1) and (2) of this subsection.
     (b) A consent which is evidenced in writing and which meets
the foregoing standards, and which is signed by the patient or
other authorized person, shall be presumed to be a valid consent.
This presumption, however, may be subject to rebuttal only upon
proof that such consent was obtained by fraud, deception or
misrepresentation of a material fact.
     (c) A valid consent is one which is given by a person who
under all the surrounding circumstances is mentally and
physically competent to give consent.
     (d) No action may be maintained against any health care
provider upon any guarantee, warranty or assurance as to the
result of any medical, surgical or diagnostic procedure or
treatment unless the guarantee, warranty or assurance, or some
note or memorandum thereof, shall be in writing and signed by the
provider or by some other person authorized to act for or on
behalf of such provider.
     (e) In the event of any conflict between the provisions of
this section and those of Article 7 of Chapter 35 and Articles 1A
and 19 of Chapter 90, the provisions of those Articles shall
control and continue in full force and effect. (1975, 2nd Sess.,
c. 977, s. 4.)


 90-21.14.  First aid or emergency treatment;
liability limitation.
     (a)  Any person, including a volunteer medical or health
care provider at a facility of a local health department as
defined in G.S. 130A-2 or at a nonprofit community health center
or a volunteer member of a rescue squad, who receives no
compensation for his services as an emergency medical care
provider, who renders first aid or emergency health care
treatment to a person who is unconscious, ill or injured,
          (1)     When the reasonably apparent circumstances
require prompt decisions and actions in medical or other health
care, and
          (2)     When the necessity of immediate health care
treatment is so reasonably apparent that any delay in the
rendering of the treatment would seriously worsen the physical
condition or endanger the life of the person,
shall not be liable for damages for injuries alleged to have been
sustained by the person or for damages for the death of the
person alleged to have occurred by reason of an act or omission
in the rendering of the treatment unless it is established that
the injuries were or the death was caused by gross negligence,
wanton conduct or intentional wrongdoing on the part of the
person rendering the treatment.
     (a1)     (1)     Any volunteer medical or health care
provider at a facility of a local health department or at a
nonprofit community health center;
          (2)     Any volunteer medical or health care provider
rendering services to a patient referred by a local health
department as defined in G.S. 130A-2(5) or nonprofit community
health center at the provider's place of employment; or
          (3)     Any volunteer medical or health care provider
serving as medical director of an emergency medical services
(EMS) agency,
who receives no compensation for medical services or other
related services rendered at the facility, center, or agency or,
who neither charges nor receives a fee for medical services
rendered to the patient referred by a local health department or
nonprofit community health center at the provider's place of
employment shall not be liable for damages for injuries or death
alleged to have occurred by reason of an act or omission in the
rendering of the services unless it is established that the
injuries or death were caused by gross negligence, wanton
conduct, or intentional wrongdoing on the part of the person
rendering the services. The local health department facility,
nonprofit community health center, or agency shall use due care
in the selection of volunteer medical or health care providers,
and this subsection shall not excuse the health department
facility, community health center, or agency for the failure of
the volunteer medical or health care provider to use ordinary
care in the provision of medical services to its patients.
     (b)  Nothing in this section shall be deemed or construed to
relieve any person from liability for damages for injury or death
caused by an act or omission on the part of such person while
rendering health care services in the normal and ordinary course
of his business or profession. Services provided by a volunteer
health care provider who receives no compensation for his
services and who renders first aid or emergency treatment to
members of athletic teams are deemed not to be in the normal and
ordinary course of the volunteer health care provider's business
or profession. Services provided by a medical or health care
provider who receives no compensation for his services and who
voluntarily renders such services at facilities of local health
departments as defined in G.S. 130A-2 or at a nonprofit community
health center, or as a volunteer medical director of an emergency
medical services (EMS) agency, are deemed not to be in the normal
and ordinary course of the volunteer medical or health care
provider's business or profession.
     (c)  In the event of any conflict between the provisions of
this section and those of G.S. 20-166(d), the provisions of G.S.
20-166(d) shall control and continue in full force and effect.
(1975, 2nd Sess., c. 977, s. 4; 1985, c. 611, s. 2; 1989, cc.
498, 655; 1991, c. 655, s. 1; 1993, c. 439, s. 1; 1995, c. 85, s.
1.)

90-21.15 to 90-21.19. Reserved for future codification
purposes.


                       ARTICLE 1C. 

            Physicians and Hospital Reports. 


90-21.20. Reporting by physicians and hospitals of wounds,
injuries and illnesses.
     (a) Such cases of wounds, injuries or illnesses as are
enumerated in subsection (b) shall be reported as soon as it
becomes practicable before, during or after completion of
treatment of a person suffering such wounds, injuries, or
illnesses. If such case is treated in a hospital, sanitarium or
other medical institution or facility, such report shall be made
by the Director, Administrator, or other person designated by the
Director or Administrator, or if such case is treated elsewhere,
such report shall be made by the physician or surgeon treating
the case, to the chief of police or the police authorities of the
city or town of this State in which the hospital or other
institution, or place of treatment is located. If such hospital
or other institution or place of treatment is located outside the
corporate limits of a city or town, then the report shall be made
by the proper person in the manner set forth above to the sheriff
of the respective county or to one of his deputies.
     (b) Cases of wounds, injuries or illnesses which shall be
reported  by physicians, and hospitals include every case of a
bullet wound, gunshot wound, powder burn or any other injury
arising from or caused by, or appearing to arise from or be
caused by, the discharge of a gun or firearm, every case of
illness apparently caused by poisoning, every case of a wound or
injury caused, or apparently caused, by a knife or sharp or
pointed instrument if it appears to the physician or surgeon
treating the case that a criminal act was involved, and every
case of a wound, injury or illness in which there is grave bodily
harm or grave illness if it appears to the physician or surgeon
treating the case that the wound, injury or illness resulted from
a criminal act of violence.
     (c) Each report made pursuant to subsections (a) and (b)
above shall state the name of the wounded, ill or injured person,
if known,  and the age, sex, race, residence or present location,
if known, and the character and extent of his injuries.
     (d) Any hospital, sanitarium, or other like institution or
Director, Administrator, or other designated person, or physician
or surgeon participating in good faith in the making of a report
pursuant to this section shall have immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed as
the result of the making of such report. (1971, c. 4; 1977, c.
31; c. 843, s. 2.)


 90-21.20A.  Reporting by physicians of pilots'
mental or physical disabilities or infirmities.
     (a)  A physician who reports to a government agency
responsible for pilots' licenses or certificates or a government
agency responsible for air safety that a pilot or an applicant
for a pilot's license or certificate suffers from or probably
suffers from a physical disability or infirmity that the
physician believes will or reasonably could affect the person's
ability to safely operate an aircraft shall have immunity, civil
or criminal, that might otherwise be incurred or imposed as the
result of making such a report.
     (b)  A physician who gives testimony about a pilot's or an
applicant's mental or physical disability or infirmity in any
administrative hearing or other proceeding held to consider the
issuance, renewal, revocation, or suspension of a pilot's license
or certificate shall have immunity from any liability, civil or
criminal, that might otherwise be incurred or imposed as the
result of such testimony. (1997-464, s. 2.)

 90-21.21:  Repealed by Session Laws 1979, c. 529,
s. 1.

                           ARTICLE 1D.
                          Peer Review.
 90-21.22.  Peer review agreements.
     (a)  The North Carolina Medical Board may, under rules
adopted by the Board in compliance with Chapter 150B of the
General Statutes, enter into agreements with the North Carolina
Medical Society and its local medical society components, and
with the North Carolina Academy of Physician Assistants for the
purpose of conducting peer review activities. Peer review
activities to be covered by such agreements shall include
investigation, review, and evaluation of records, reports,
complaints, litigation and other information about the practices
and practice patterns of physicians licensed by the Board, and of
physician assistants approved by the Board, and shall include
programs for impaired physicians and impaired physician
assistants. Agreements between the Academy and the Board shall be
limited to programs for impaired physicians and physician
assistants and shall not include any other peer review
activities.
     (b)  Peer review agreements shall include provisions for the
society and for the Academy to receive relevant information from
the Board and other sources, conduct the investigation and review
in an expeditious manner, provide assurance of confidentiality of
nonpublic information and of the review process, make reports of
investigations and evaluations to the Board, and to do other
related activities for promoting a coordinated and effective peer
review process. Peer review agreements shall include provisions
assuring due process.
     (c)  Each society which enters a peer review agreement with
the Board shall establish and maintain a program for impaired
physicians licensed by the Board. The Academy, after entering a
peer review agreement with the Board, shall either enter an
agreement with the North Carolina Medical Society for the
inclusion of physician assistants in the Society's program for
impaired physicians, or shall establish and maintain the
Academy's own program for impaired physician assistants. The
purpose of the programs shall be to identify, review, and
evaluate the ability of those physicians and physician assistants
to function in their professional capacity and to provide
programs for treatment and rehabilitation. The Board may provide
funds for the administration of impaired physician and impaired
physician assistant programs and shall adopt rules with
provisions for definitions of impairment; guidelines for program
elements; procedures for receipt and use of information of
suspected impairment; procedures for intervention and referral;
monitoring treatment, rehabilitation, post-treatment support and
performance; reports of individual cases to the Board; periodic
reporting of statistical information; assurance of
confidentiality of nonpublic information and of the review
process.
     (d)  Upon investigation and review of a physician licensed
by the Board, or a physician assistant approved by the Board, or
upon receipt of a complaint or other information, a society which
enters a peer review agreement with the Board, or the Academy if
it has a peer review agreement with the Board, as appropriate,
shall report immediately to the Board detailed information about
any physician or physician assistant licensed or approved by the
Board if:
          (1)     The physician or physician assistant
constitutes an imminent danger to the public or to himself;
          (2)     The physician or physician assistant refuses to
cooperate with the program, refuses to submit to treatment, or is
still impaired after treatment and exhibits professional
incompetence; or
          (3)     It reasonably appears that there are other
grounds for disciplinary action.
     (e)  Any confidential patient information and other
nonpublic information acquired, created, or used in good faith by
the Academy or a society pursuant to this section shall remain
confidential and shall not be subject to discovery or subpoena in
a civil case. No person participating in good faith in the peer
review or impaired physician or impaired physician assistant
programs of this section shall be required in a civil case to
disclose any information acquired or opinions, recommendations,
or evaluations acquired or developed solely in the course of
participating in any agreements pursuant to this section.
     (f)  Peer review activities conducted in good faith pursuant
to any agreement under this section shall not be grounds for
civil action under the laws of this State and are deemed to be
State directed and sanctioned and shall constitute State action
for the purposes of application of antitrust laws. (1987, c. 859,
s. 15; 1993, c. 176, s. 1; 1995, c. 94, s. 23.)


 90-21.22A.  Medical review committees.
     (a)  As used in this section, "medical review committee"
means a committee composed of health care providers licensed
under this Chapter that is formed for the purpose of evaluating
the quality of, cost of, or necessity for health care services,
including provider credentialing. "Medical review committee" does
not mean a medical review committee established under G.S. 131E-
95.
     (b)  A member of a duly appointed medical review committee
who acts without malice or fraud shall not be subject to
liability for damages in any civil action on account of any act,
statement, or proceeding undertaken, made, or performed within
the scope of the functions of the committee.
     (c)  The proceedings of a medical review committee, the
records and materials it produces, and the materials it considers
shall be confidential and not considered public records within
the meaning of G.S. 132-1, 131E-309, or 58-2-100; and shall not
be subject to discovery or introduction into evidence in any
civil action against a provider of health care services who
directly provides services and is licensed under this Chapter, a
PSO licensed under Article 17 of Chapter 131E of the General
Statutes, or a hospital licensed under Chapter 122C or Chapter
131E of the General Statutes or that is owned or operated by the
State, which civil action results from matters that are the
subject of evaluation and review by the committee. No person who
was in attendance at a meeting of the committee shall be required
to testify in any civil action as to any evidence or other
matters produced or presented during the proceedings of the
committee or as to any findings, recommendations, evaluations,
opinions, or other actions of the committee or its members.
However, information, documents, or records otherwise available
are not immune from discovery or use in a civil action merely
because they were presented during proceedings of the committee.
A member of the committee may testify in a civil action but
cannot be asked about his or her testimony before the committee
or any opinions formed as a result of the committee hearings.
     (d)  This section applies to a medical review committee,
including a medical review committee appointed by one of the
entities licensed under Articles 1 through 67 of Chapter 58 of
the General Statutes.
     (e)  Subsection (c) of this section does not apply to
proceedings initiated under G.S. 58-50-61 or G.S. 58-50-62. (1997-
519, s. 4.3; 1998-227, s. 3.)

 90-21.23. Election by State.
     For the purpose of making applicable in the State the early
opt-in provisions of Title 4 of the "Health Care Quality
Improvement Act of 1986," P.L. 99-660, the State elects to
exercise on October 1, 1987, the provisions of Title 4, Section
411(c)(2)(A) of that act to promote good faith professional
review activities. (1987, c. 859, s. 19.)


                           ARTICLE 1E.
                Certificate of Public Advantage.
 90-21.24.  Findings.
     The General Assembly of North Carolina makes the following
findings:
          (1)     That technological and scientific developments
in health care have enhanced the prospects for further
improvement in the quality of care provided to North Carolina
citizens.
          (2)     That the cost of improved technology and
improved scientific methods for the provision of health care
contributes substantially to the increasing cost of health care.
Cost increases make it increasingly difficult for physicians in
rural areas of North Carolina to offer care.
          (3)     That cooperative agreements among physicians,
hospitals, and others for the provision of health care services
may foster improvements in the quality of health care for North
Carolina citizens, moderate increases in cost, and improve access
to needed services in rural areas of North Carolina.
          (4)     That physicians are often in the best position
to identify and structure cooperative arrangements that enhance
quality of care, improve access, and achieve cost-efficiency in
the provision of care.
          (5)     That federal and State antitrust laws may
prohibit or discourage cooperative arrangements that are
beneficial to North Carolina citizens, despite their potential
for or actual reduction in competition, and that such agreements
should be permitted and encouraged.
          (6)     That competition as currently mandated by
federal and State antitrust laws should be supplanted by a
regulatory program to permit and encourage cooperative agreements
between physicians or between physicians, hospitals, and others,
that are beneficial to North Carolina citizens when the benefits
of cooperative agreements outweigh their disadvantages caused by
their potential or actual adverse effects on competition.
          (7)     That regulatory as well as judicial oversight
of cooperative agreements should be provided to ensure that the
benefits of cooperative agreements permitted and encouraged in
North Carolina outweigh any disadvantages attributable to any
reduction in competition likely to result from the agreements.
(1995, c. 395, s. 2.)


 90-21.25.  Definitions.
     As used in this Article, the following terms have the
meanings specified:
          (1)     "Attorney General" means the Attorney General
of the State of North Carolina, or any attorney to whom the
Attorney General delegates authority and responsibility to act
pursuant to this Article.
          (2)     "Cooperative agreement" means an agreement
among two or more physicians, or between a physician, hospital,
or any other person or persons, for the sharing, allocation, or
referral of patients, personnel, instructional programs, support
services and facilities, or medical, diagnostic, or laboratory
facilities or equipment, or procedures or other services
traditionally offered by physicians. Cooperative agreement shall
not include any agreement that would permit self-referrals of
patients by a health care provider that is otherwise prohibited
by law.
          (3)     "Department" means the North Carolina
Department of Health and Human Services.
          (4)     "Federal or State antitrust laws" means any and
all federal or State laws prohibiting monopolies or agreements in
restraint of trade, including, but not limited to, the federal
Sherman Act, Clayton Act, and Federal Trade Commission Act, and
the North Carolina laws codified in Chapter 75 of the General
Statutes.
          (5)     "Hospital" means any hospital required to be
licensed under Chapter 131E or 122C of the General Statutes.
          (6)     "Person" means any individual, firm,
partnership, corporation, association, public or private
institution, political subdivision, or government agency.
          (7)     "Physician" means an individual licensed to
practice medicine pursuant to Article 1 of this Chapter. (1995,
c. 395, s. 2; 1997-443, s. 11A.118(a).)


 90-21.26.  Certificate of public advantage;
application.
     (a)  A physician and any person who is a party to a
cooperative agreement with a physician may negotiate, enter into,
and conduct business pursuant to a cooperative agreement without
being subject to damages, liability, or scrutiny under any State
antitrust law if a certificate of public advantage is issued for
the cooperative agreement, or in the case of activities to
negotiate or enter into a cooperative agreement, if an
application for a certificate of public advantage is filed in
good faith. It is the intention of the General Assembly that
immunity from federal antitrust laws shall also be conferred by
this statute and the State regulatory program that it
establishes.
     (b)  Parties to a cooperative agreement may apply to the
Department for a certificate of public advantage governing that
cooperative agreement. The application must include an executed
written copy of the cooperative agreement or letter of intent
with respect to the agreement, a description of the nature and
scope of the activities and cooperation in the agreement, any
consideration passing to any party under the agreement, and any
additional materials necessary to fully explain the agreement and
its likely effects. A copy of the application and all additional
related materials shall be submitted to the Attorney General at
the same time the application is made to the Department. (1995,
c. 395, s. 2.)


 90-21.27.  Procedure for review; standards for
review.
     (a)  The Department shall review the application in
accordance with the standards set forth in subsection (b) of this
section and shall hold a public hearing with the opportunity for
the submission of oral and written public comments in accordance
with rules adopted by the Department.  The Department shall
determine whether the application should be granted or denied
within 90 days of the date of filing of an application. Provided,
however, that the Department may extend the review period for a
specified period of time upon notice to the parties.
     (b)  The Department shall determine that a certificate of
public advantage should be issued for a cooperative agreement, if
it determines that the applicant has demonstrated by clear and
convincing evidence that the benefits likely to result from the
agreement outweigh the disadvantages likely to result from a
reduction in competition from the agreement.
          (1)     In evaluating the potential benefits of a
cooperative agreement, the Department shall consider whether one
or more of the following benefits may result from the cooperative
agreement:
               a.     Enhancement of the quality of health care
provided to North Carolina citizens;
               b.     Preservation of other health care
facilities in geographical proximity to the communities
traditionally served by those facilities;
               c.     Lower costs of, or gains in the efficiency
of delivering, health care services;
               d.     Improvements in the utilization of health
care resources and equipment;
               e.     Avoidance of duplication of health care
resources; and
               f.     The extent to which medically underserved
populations are expected to utilize the proposed services.
          (2)     In evaluating the potential disadvantages of a
cooperative agreement, the Department shall consider whether one
or more of the following disadvantages may result from the
cooperative agreement:
               a.     The extent to which the agreement may
increase the costs or prices of health care at the locations of
parties to the cooperative agreement;
               b.     The extent to which the agreement may have
an adverse impact on patients in the quality, availability, and
price of health care services;
               c.     The extent to which the agreement may
reduce competition among the parties to the agreement and the
likely effects thereof;
               d.     The extent to which the agreement may have
an adverse impact on the ability of health maintenance
organizations, preferred provider organizations, managed health
care service agents, or other health care payors to negotiate
optimal payment and service arrangements with hospitals,
physicians, allied health care professionals, or other health
care providers;
               e.     The extent to which the agreement may
result in a reduction in competition among physicians, allied
health professionals, other health care providers, or other
persons furnishing health care services; and
               f.     The availability of arrangements that are
less restrictive to competition and achieve the same benefits or
a more favorable balance of benefits over disadvantages
attributable to any reduction in competition.
          (3)     In making its determination, the Department may
consider other benefits or disadvantages that may be identified.
(1995, c. 395, s. 2; 1997-456, s. 27.)


 90-21.28.  Issuance of a certificate.
     If the Department determines that the likely benefits of a
cooperative agreement outweigh the likely disadvantages
attributable to reduction of competition as a result of the
agreement by clear and convincing evidence, and the Attorney
General has not stated any objection to issuance of a certificate
during the review period, the Department shall issue a
certificate of public advantage for the cooperative agreement at
the conclusion of the review period. Such certificate shall
include any conditions of operation under the agreement that the
Department, in consultation with the Attorney General, determines
to be appropriate in order to ensure that the cooperative
agreement and activities engaged in pursuant thereto are
consistent with this Article and its purpose to limit health care
costs. The Department shall include conditions to control prices
of health care services provided under the cooperative agreement.
Consideration shall be given to assure that access to health care
is provided to all areas of the State. The Department shall
publish its decisions on applications for certificates of public
advantage in the North Carolina Register. (1995, c. 395, s. 2.)


 90-21.29.  Objection by Attorney General.
     If the Attorney General is not persuaded that the applicant
has demonstrated by clear and convincing evidence that the
benefits likely to result from the agreement outweigh the likely
disadvantages of any reduction of competition to result from the
agreement as set forth in G.S. 90-21.27, the Attorney General
may, within the review period, state an objection to the issuance
of a certificate of public advantage and may extend the review
period for a specified period of time. Notice of the objection
and any extension of the review period shall be provided in
writing to the applicant, together with a general explanation of
the concerns of the Attorney General. The parties may attempt to
reach agreement with the Attorney General on modifications to the
agreement or to conditions in the certificate so that the
Attorney General no longer objects to issuance of a certificate.
If the Attorney General withdraws the objection and the
Department maintains its determination that a certificate should
be issued, the Department shall issue a certificate of public
advantage with any appropriate conditions as soon as practicable
following withdrawal of the objection. If the Attorney General
does not withdraw the objection, a certificate shall not be
issued. (1995, c. 395, s. 2.)


 90-21.30.  Record keeping.
     The Department shall maintain on file all cooperative
agreements for which certificates of public advantage are in
effect and a copy of the certificate, including any conditions
imposed. Any party to a cooperative agreement who terminates an
agreement shall file a notice of termination with the Department
within 30 days after termination. These files shall be public
records as set forth in Chapter 132 of the General Statutes.
(1995, c. 395, s. 2.)


 90-21.31.  Review after issuance of
certificate.
     If at any time following the issuance of a certificate of
public advantage, the Department or the Attorney General has
questions concerning whether the parties to the cooperative
agreement have complied with any condition of the certificate or
whether the benefits or likely benefits resulting from a
cooperative agreement may no longer outweigh the disadvantages or
likely disadvantages attributable to a reduction in competition
resulting from the agreement, the Department or the Attorney
General shall advise the parties to the agreement and either the
Department or the Attorney General shall request any information
necessary to complete a review of the matter. (1995, c. 395, s.
2.)


 90-21.32.  Periodic reports.
     (a)  During the time that a certificate is in effect, a
report of activities pursuant to the cooperative agreement must
be filed every two years with the Department on or by the
anniversary day on which the certificate was issued. A copy of
the periodic report shall be submitted to the Attorney General at
the same time it is filed with the Department. A report shall
include all of the following:
          (1)     A description of the activities conducted
pursuant to the agreement.
          (2)     Price and cost information.
          (3)     The nature and scope of the activities pursuant
to the agreement anticipated for the next two years and the
likely effect of those activities.
          (4)     A signed certificate by each party to the
agreement that the benefits or likely benefits of the cooperative
agreement as conditioned continue to outweigh the disadvantages
or likely disadvantages of any reduction in competition from the
agreement as conditioned.
          (5)     Any additional information requested by the
Department or the Attorney General.
     The Department shall give public notice in the North
Carolina Register that a report has been received. After notice
is given, the public shall have 30 days to file written comments
on the report and on the benefits and disadvantages of continuing
the certificate of public advantage. Periodic reports, public
comments, and information submitted in response to a request
shall be public records as set forth in Chapter 132 of the
General Statutes.
     (b)  Failure to file a periodic report required by this
section after notice of default, or failure to provide
information requested pursuant to a review under G.S. 90-21.31
are grounds for revocation of the certificate by the Attorney
General or the Department.
     (c)  The Department shall review each periodic report,
public comments, and information submitted in response to a
request under G.S. 90-21.31 to determine whether the advantages
or likely advantages of the cooperative agreement continue to
outweigh the disadvantages or likely disadvantages of any
reduction in competition from the agreement, and to determine
what, if any, changes in the conditions of the certificate should
be made. In the review the Department shall consider the benefits
and disadvantages set forth in G.S. 90-21.27. Within 60 days of
the filing of a periodic report, the Department shall determine
whether the certificate should remain in effect and whether any
changes to the conditions in the certificate should be made.
Provided, however, that the Department may extend the review
period an additional 30 days. If the Department or Attorney
General determines that the parties to the cooperative agreement
have not complied with any condition of the certificate, the
Department or the Attorney General shall revoke the certificate
and the parties shall be notified. If the certificate is revoked,
the parties shall be entitled to no benefits under this Article,
beginning on the date of revocation. If the Department determines
that the certificate should remain in effect and the Attorney
General has not stated any objection to the certificate remaining
in effect during the review period, the certificate shall remain
in effect subject to any changes in the conditions of the
certificate imposed by the Department. The parties shall be
notified in writing of the Department's decision and of any
changes in the conditions of the certificate. The Department
shall publish its decision and any changes in the conditions in
the North Carolina Register.
     If the Department determines that the benefits or likely
benefits of the agreement and the unavoidable costs of
terminating the agreement do not continue to outweigh the
disadvantages or likely disadvantages of any reduction in
competition from the agreement, or if the Attorney General
objects to the certificate remaining in effect based upon a
review of the benefits and disadvantages set forth in G.S. 90-
21.27, the Department shall notify the parties to the agreement
in writing of its determination or the objections of the Attorney
General and shall provide a summary of any concerns of the
Department or Attorney General to the parties. (1995, c. 395, s.
2.)


 90-21.33.  Right to judicial action.
     (a)  Any applicant or other person aggrieved by a decision
to issue or not issue a certificate of public advantage is
entitled to judicial review of the action or inaction in superior
court. Suit for judicial review under this subsection shall be
filed within 30 days of public notice of the decision to issue or
deny issuance of the certificate. To prevail in any action for
judicial review brought under this subsection, the plaintiff or
petitioner must establish that the determination by the
Department or the Attorney General was arbitrary or capricious.
     (b)  Any party or other person aggrieved by a decision to
allow the certificate to remain in effect or to make changes in
the conditions of the certificate is entitled to judicial review
of the decision in superior court. Suit for judicial review under
this subsection shall be filed within 30 days of public notice of
the decision to allow the certificate to remain in effect or to
make changes in the conditions of the certificate. To prevail in
any action for judicial review brought under this subsection, the
plaintiff or petitioner must establish that the determination by
the Department or the Attorney General was arbitrary or
capricious.
     (c)  If the Department or the Attorney General determines
the certificate should not remain in effect, the Attorney General
may bring suit in the Superior Court of Wake County on behalf of
the Department or on its own behalf to seek an order to authorize
the cancellation of the certificate. To prevail in the action,
the Attorney General must establish that the benefits resulting
from the agreement are outweighed by the disadvantages
attributable to reduction in competition resulting from the
agreement.
     (d)  In any action instituted under this section, the work
product of the Department or the Attorney General or his staff is
not a public record under Chapter 132 of the General Statutes and
shall not be discoverable or admissible, nor shall the Attorney
General or any member of the Attorney General's staff be
compelled to be a witness, whether in discovery or at any hearing
or trial. (1995, c. 395, s. 2.)


 90-21.34.  Fees for applications and periodic
reports.
     (a)  The Department and the Attorney General shall establish
and collect administrative fees for filing of an application for
a certificate of public advantage based on the total cost of the
project for which the application is made, in an amount not to
exceed fifteen thousand dollars ($15,000), and an administrative
fee for filing each periodic report required to be filed in an
amount not to exceed two thousand five hundred dollars ($2,500).
The fee schedule established should generate sufficient revenue
to offset the costs of the program. An application filing fee
must be paid to the Department at the time an application for a
certificate of public advantage is submitted pursuant to G.S. 90-
21.26. A periodic report filing fee must be paid to the
Department at the time a periodic report is submitted to it
pursuant to G.S. 90-21.32.
     (b)  If the Department or the Attorney General determines
that consultants are needed to complete a review of an
application, an additional application fee may be established by
prior agreement with the applicants before the application is
considered. The amount of the additional fee may not exceed the
costs of contracting with the necessary consultants. The
additional fee shall not be considered in determining whether an
application fee exceeds the maximum application fee amount set in
subsection (a) of this section. (1995, c. 395, s. 2.)


 90-21.35.  Department and Attorney General
authority.
     The Department and Attorney General shall adopt rules to
conduct review of applications for certificates of public
advantage and of periodic reports filed in connection therewith
and to bring actions in the Superior Court of Wake County as
required under G.S. 90-21.33. This Article shall not limit the
authority of the Attorney General under federal or State
antitrust laws. (1995, c. 395, s. 2.)


 90-21.36.  Effects of certificate of public
advantage; other laws.
     (a)  Activities conducted pursuant to a cooperative
agreement for which a certificate of public advantage has been
issued are immunized from challenge or scrutiny under State
antitrust laws. In addition, conduct in negotiating and entering
into a cooperative agreement for which an application for a
certificate of public advantage is filed in good faith shall be
immune from challenge or scrutiny under State antitrust laws,
regardless of whether a certificate is issued. It is the
intention of the General Assembly that this Article shall also
immunize covered activities from challenge or scrutiny under any
noncompetition provisions of the federal antitrust law.
     (b)  Nothing in this Article shall exempt physicians or
others from compliance with State or federal laws governing
certificate of need, licensure, or other regulatory requirements.
     (c)  Any dispute among the parties to cooperative agreement
concerning its meaning or terms is governed by normal principles
of contract law. (1995, c. 395, s. 2.)


                           ARTICLE 1F.
      Psychotherapy Patient/Client Sexual Exploitation Act.

 90-21.41.  Definitions.
     The following definitions apply in this Article:
          (1)     Client. -- A person who may also be called
patient or counselee who seeks or obtains psychotherapy, whether
or not the person is charged for the service. The term "client"
includes a former client.
          (2)     Psychotherapist. -- A psychiatrist licensed in
accordance with Article 1 of Chapter 90 of the General Statutes,
a psychologist as defined in G.S. 90-270.2(9), a licensed
professional counselor as defined in G.S. 90-330(a)(2), a
substance abuse professional as defined in G.S. 90-113.31(8), a
social worker engaged in a clinical social work practice as
defined in G.S. 90B-3(6), a fee-based pastoral counselor as
defined in G.S. 90-382(4), a licensed marriage and family
therapist as defined in G.S. 90-270.47(3), or a mental health
service provider, who performs or purports to perform
psychotherapy.
          (3)     Psychotherapy. -- The professional treatment or
professional counseling of a mental or emotional condition that
includes revelation by the client of intimate details of thoughts
and emotions of a very personal nature to assist the client in
modifying behavior, thoughts and emotions that are maladjustive
or contribute to difficulties in living.
          (4)     Sexual exploitation. -- Either of the
following, whether or not it occurred with the consent of a
client or during any treatment, consultation, evaluation,
interview, or examination:
               a.     Sexual contact which includes any of the
following actions:
                    1.     Sexual intercourse, cunnilingus,
fellatio, anal intercourse, or any intrusion, however slight,
into the oral, genital, or anal openings of the client's body by
any part of the psychotherapist's body or by any object used by
the psychotherapist for the purpose of sexual stimulation or
gratification of either the psychotherapist or the client; or any
intrusion, however slight, into the oral, genital, or anal
openings of the psychotherapist's body by any part of the
client's body or by any object used by the client for the purpose
of sexual stimulation or gratification of either the
psychotherapist or the client, if agreed to, or not resisted by
the psychotherapist.
                    2.     Kissing of, or the intentional
touching by the psychotherapist of, the client's lips, genital
area, groin, inner thigh, buttocks, or breast, or of the clothing
covering any of these body parts, for the purpose of sexual
stimulation or gratification of either the psychotherapist or the
client, or kissing of, or the intentional touching by the client
of, the psychotherapist's lips, genital area, groin, inner thigh,
buttocks, or breast, or of the clothing covering any of these
body parts, if agreed to or not resisted by the psychotherapist,
for the purpose of sexual stimulation or gratification to either
the psychotherapist or the client.
               b.     Any act done or statement made by the
psychotherapist for the purpose of sexual stimulation or
gratification of the client or psychotherapist which includes any
of the following actions:
                    1.     The psychotherapist's relating to the
client the psychotherapist's own sexual fantasies or the details
of the psychotherapist's own sexual life.
                    2.     The uncovering or display of breasts
or genitals of the psychotherapist to the client.
                    3.     The showing of sexually graphic
pictures to the client for purposes other than diagnosis or
treatment.
                    4.     Statements containing sexual innuendo,
sexual threats, or sexual suggestions regarding the relationship
between the psychotherapist and the client.
          (5)     Sexual history. -- Sexual activity of the
client other than that conduct alleged by the client to
constitute sexual exploitation in an action pursuant to this
Article.
          (6)     Therapeutic deception. -- A representation by a
psychotherapist that sexual contact with the psychotherapist is
consistent with or part of the client's treatment. (1998-213, s.
1.)


 90-21.42.  Action for sexual exploitation.
     Any client who is sexually exploited by the client's
psychotherapist shall have remedy by civil action for sexual
exploitation if the sexual exploitation occurred:
          (1)     At any time between and including the first
date and last date the client was receiving psychotherapy from
the psychotherapist;
          (2)     Within three years after the termination of the
psychotherapy; or
          (3)     By means of therapeutic deception. (1998-213,
s. 1.)


 90-21.43. Remedies.
     A person found to have been sexually exploited as provided
under this Article may recover from the psychotherapist actual or
nominal damages, and reasonable attorneys' fees as the court may
allow. The trier of fact may award punitive damages in accordance
with the provisions of Chapter 1D of the General Statutes. (1998-
213, s. 1.)


 90-21.44.  Scope of discovery.
     (a)  In an action under this Article, evidence of the
client's sexual history is not subject to discovery, except under
the following conditions:
          (1)     The client claims impairment of sexual
functioning.
          (2)     The psychotherapist requests a hearing prior to
conducting discovery and makes an offer of proof of the relevancy
of the evidence, and the court finds that the information is
relevant and that the probative value of the history outweighs
its prejudicial effect.
     (b)  The court shall allow the discovery only of specific
information or examples of the client's conduct that are
determined by the court to be relevant. The court order shall
detail the information or conduct that is subject to discovery.
(1998-213, s. 1.)


 90-21.45.  Admissibility of evidence of sexual
history.
     (a)  At the trial of an action under this Article, evidence
of the client's sexual history is not admissible unless:
          (1)     The psychotherapist requests a hearing prior to
trial and makes an offer of proof of the relevancy of the sexual
history; and
          (2)     The court finds that, in the interest of
justice, the evidence is relevant and that the probative value of
the evidence substantially outweighs its prejudicial effect.
     (b)  The court shall allow the admission only of specific
information or examples of instances of the client's conduct that
are determined by the court to be relevant. The court's order
shall detail the conduct that is admissible, and no other such
evidence may be introduced.
     (c)  Sexual history otherwise admissible pursuant to this
section may not be proved by reputation or opinion. (1998-213, s.
1.)


 90-21.46.  Prohibited defense.
     It shall not be a defense in any action brought pursuant to
this Article that the client consented to the sexual exploitation
or that the sexual contact with a client occurred outside a
therapy or treatment session or that it occurred off the premises
regularly used by the psychotherapist for therapy or treatment
sessions. (1998-213, s. 1.)


 90-21.47.  Statute of limitations.
     An action for sexual exploitation must be commenced within
three years after the cause of action accrues. A cause of action
for sexual exploitation accrues at the later of either:
          (1)     The last act of the psychotherapist giving rise
to the cause of action.
          (2)     At the time the client discovers or reasonably
should discover that the sexual exploitation occurred; however,
no cause of action shall be commenced more than 10 years from the
last act of the psychotherapist giving rise to the cause of
action. (1998-213, s. 1.)


 90-21.48.  Agreements to not pursue complaint
before licensing entity void.
     Any provision of a settlement agreement of a claim based in
whole or part on an allegation of sexual exploitation as defined
in this Article, which prohibits a party from initiating or
pursuing a complaint before the regulatory entity responsible for
overseeing the conduct or licensing of the psychotherapist, is
void. (1998-213, s. 1.)

                           ARTICLE 2.
                           Dentistry.

 90-22.  Practice of dentistry regulated in
public interest; Article liberally construed; Board of Dental
Examiners; composition; qualifications and terms of members;
vacancies; nominations and elections; compensation; expenditures
by Board.
     (a)  The practice of dentistry in the State of North
Carolina is hereby declared to affect the public health, safety
and welfare and to be subject to regulation and control in the
public interest.  It is further declared to be a matter of public
interest and concern that the dental profession merit and receive
the confidence of the public and that only qualified persons be
permitted to practice dentistry in the State of North Carolina.
This Article shall be liberally construed to carry out these
objects and purposes.
     (b)  The North Carolina State Board of Dental Examiners
heretofore created by Chapter 139, Public Laws 1879 and by
Chapter 178, Public Laws 1915, is hereby continued as the agency
of the State for the regulation of the practice of dentistry in
this State.  Said Board of Dental Examiners shall consist of six
dentists who are licensed to practice dentistry in North
Carolina, one dental hygienist who is licensed to practice dental
hygiene in North Carolina and one person who shall be a citizen
and resident of North Carolina and who shall be licensed to
practice neither dentistry nor dental hygiene.  The dental
hygienist or the consumer member cannot participate or vote in
any matters of the Board which involves the issuance, renewal or
revocation of the license to practice dentistry in the State of
North Carolina.  The consumer member cannot participate or vote
in any matters of the Board which involve the issuance, renewal
or revocation of the license to practice dental hygiene in the
State of North Carolina.  Members of the Board licensed to
practice dentistry in North Carolina shall have been elected in
an election held as hereinafter provided in which every person
licensed to practice dentistry in North Carolina and residing or
practicing in North Carolina shall be entitled to vote.  Each
member of said Board shall be elected for a term of three years
and until his successor shall be elected and shall qualify.  Each
year there shall be elected two dentists for such terms of three
years each.  Every three years there shall be elected one dental
hygienist for a term of three years.  Dental hygienists shall be
elected to the Board in an election held in accordance with the
procedures hereinafter provided in which those persons licensed
to practice dental hygiene in North Carolina and residing or
practicing in North Carolina shall be entitled to vote.  Every
three years a person who is a citizen and resident of North
Carolina and licensed to practice neither dentistry nor dental
hygiene shall be appointed to the Board for a term of three years
by the Governor of North Carolina.  Any vacancy occurring on said
Board shall be filled by a majority vote of the remaining members
of the Board to serve until the next regular election conducted
by the Board, at which time the vacancy will be filled by the
election process provided for in this Article, except that when
the seat on the Board held by a person licensed to practice
neither dentistry nor dental hygiene in North Carolina shall
become vacant, the vacancy shall be filled by appointment by the
Governor for the period of the unexpired term.  No dentist shall
be nominated for or elected to membership on said Board, unless,
at the time of such nomination and election such person is
licensed to practice dentistry in North Carolina and actually
engaged in the practice of dentistry.  No dental hygienist shall
be nominated for or elected to membership on said Board unless,
at the time of such nomination and election, such person is
licensed to practice dental hygiene in North Carolina and is
currently employed in dental hygiene in North Carolina.  No
person shall be nominated, elected, or appointed to serve more
than two consecutive terms on said Board.
     (c)  Nominations and elections of members of the North
Carolina State Board of Dental Examiners shall be as follows:
          (1)     An election shall be held each year to elect
successors to those members whose terms are expiring in the year
of the election, each successor to take office on the first day
of August following the election and to hold office for a term of
three years and until his successor has been elected and shall
qualify; provided that if in any year the election of the members
of such Board for that year shall not have been completed by
August 1 of that year, then the said members elected that year
shall take office immediately after the completion of the
election and shall hold office until the first of August of the
third year thereafter and until their successors are elected and
qualified.  Persons appointed to the Board by the Governor shall
take office on the first day of August following their
appointment and shall hold office for a term of three years and
until such person's successor has been appointed and shall
qualify; provided that if in any year the Governor shall not have
appointed a person by August first of that year, then the said
member appointed that year shall take office immediately after
his appointment and shall hold office until the first of August
of the third year thereafter and until such member's successor is
appointed and qualified.
          (2)     Every dentist with a current North Carolina
license residing or practicing in North Carolina shall be
eligible to vote in elections of dentists to the Board.  Every
dental hygienist with a current North Carolina license residing
or practicing in North Carolina shall be eligible to vote in
elections of dental hygienists to the Board.  The holding of such
a license to practice dentistry or dental hygiene in North
Carolina shall constitute registration to vote in such elections.
The list of licensed dentists and dental hygienists shall
constitute the registration list for elections to the appropriate
seats on the Board.
          (3)     All elections shall be conducted by the Board
of Dental Examiners which is hereby constituted a Board of Dental
Elections.  If a member of the Board of Dental Examiners whose
position is to be filled at any election is nominated to succeed
himself, and does not withdraw his name, he shall be disqualified
to serve as a member of the Board of Dental Elections for that
election and the remaining members of the Board of Dental
Elections shall proceed and function without his participation.
          (4)     Nomination of dentists for election shall be
made to the Board of Dental Elections by a written petition
signed by not less than 10 dentists licensed to practice in North
Carolina and residing or practicing in North Carolina.
Nomination of dental hygienists for election shall be made to the
Board of Dental Elections by a written petition signed by not
less than 10 dental hygienists licensed to practice in North
Carolina and residing or practicing in North Carolina.  Such
petitions shall be filed with said Board of Dental Elections
subsequent to January 1 of the year in which the election is to
be held and not later than midnight of the twentieth day of May
of such year, or not later than such earlier date (not before
April 1) as may be set by the Board of Dental Elections:
provided, that not less than 10 days' notice of such earlier date
shall be given to all dentists or dental hygienists qualified to
sign a petition of nomination.  The Board of Dental Elections
shall, before preparing ballots, notify all persons who have been
duly nominated of their nomination.
          (5)     Any person who is nominated as provided in
subdivision (4) above may withdraw his name by written notice
delivered to the Board of Dental Elections or its designated
secretary at any time prior to the closing of the polls in any
election.
          (6)     Following the close of nominations, there shall
be prepared, under and in accordance with such rules and
regulations as the Board of Dental Elections shall prescribe,
ballots containing, in alphabetical order, the names of all
nominees; and each ballot shall have such method of
identification, and such instructions and requirements printed
thereon, as shall be prescribed by the Board of Dental Elections.
At such time as may be fixed by the Board of Dental Elections a
ballot and a return official envelope addressed to said Board
shall be mailed to each person entitled to vote in the election
being conducted, together with a notice by said Board designating
the latest day and hour for return mailing and containing such
other items as such Board may see fit to include.  The said
envelope shall bear a serial number and shall have printed on the
left portion of its face the following:
                                          "Serial No. of Envelope
                                               Signature of Voter
                                                 Address of Voter

  (Note: The enclosed ballot is not valid unless the signature of
                                 the voter is on this envelope)."
               The Board of Dental Elections may cause to be
printed or stamped or written on said envelope such additional
notice as it may see fit to give.  No ballot shall be valid or
shall be counted in an election unless, within the time
hereinafter provided, it has been delivered to said Board by hand
or by mail and shall be sealed.  The said Board by rule may make
provision for replacement of lost or destroyed envelopes or
ballots upon making proper provisions to safeguard against abuse.
          (7)     The date and hour fixed by the Board of Dental
Elections as the latest time for delivery by hand or mailing of
said return ballots shall be not earlier than the tenth day
following the mailing of the envelopes and ballots to the voters.
          (8)     The said ballots shall be canvassed by the
Board of Dental Elections beginning at noon on a day and at a
place set by said Board and announced by it in the notice
accompanying the sending out of the ballots and envelopes, said
date to be not later than four days after the date fixed by the
Board for the closing of the balloting.  The canvassing shall be
made publicly and any licensed dentists may be present.  The
counting of ballots shall be conducted as follows: The envelopes
shall be displayed to the persons present and an opportunity
shall be given to any person present to challenge the
qualification of the voter whose signature appears on the
envelope or to challenge the validity of the envelope.  Any
envelope (with enclosed ballot) challenged shall be set aside,
and the challenge shall be heard later or at that time by said
Board.  After the envelopes have been so exhibited, those not
challenged shall be opened and the ballots extracted therefrom,
insofar as practicable without showing the marking on the
ballots, and there shall be a final and complete separation of
each envelope and its enclosed ballot.  Thereafter each ballot
shall be presented for counting, shall be displayed and, if not
challenged, shall be counted.  No ballot shall be valid if it is
marked for more nominees than there are positions to be filled in
that election: provided, that no ballot shall be rejected for any
technical error unless it is impossible to determine the voter's
choices or choice from the ballot.  The counting of the ballots
shall be continued until completed.  During the counting,
challenge may be made to any ballot on the grounds only of
defects appearing on the face of the ballot.  The said Board may
decide the challenge immediately when it is made or it may put
aside the ballot and determine the challenge upon the conclusion
of the counting of the ballots.
          (9)     a.     Where there is more than one nominee
eligible for election to a single seat:
                    1.     The nominee receiving a majority of
the votes cast shall be declared elected.
                    2.     In the event that no nominee receives
a majority, a second election shall be conducted between the two
nominees who receive the highest number of votes.
               b.     Where there are more than two nominees
eligible for election to either of two seats at issue in the same
election:
                    1.     A majority shall be any excess of the
sum ascertained by dividing the total number of votes cast for
all nominees by four.
                    2.     In the event that more than two
nominees receive a majority of the votes cast, the two receiving
the highest number of votes shall be declared elected.
                    3.     In the event that only one of the
nominees receives a majority, he shall be declared elected and
the Board of Dental Examiners shall thereupon order a second
election to be conducted between the two nominees receiving the
next to highest number of votes.
                    4.     In the event that no nominee receives
a majority, a second election shall be conducted between the four
candidates receiving the highest number of votes.  At such second
election, the two nominees receiving the highest number of votes
shall be declared elected.
               c.     In any election, if there is a tie between
candidates, the tie shall be resolved by the vote of the Board of
Dental Examiners, provided that if a member of that Board is one
of the candidates in the tie, he may not participate in such
vote.
          (10)     In the event there shall be required a second
election, there shall be followed the same procedure as outlined
in the paragraphs above subject to the same limitations and
requirements: provided, that if the second election is between
four candidates, then the two receiving the highest number of
votes shall be declared elected.
          (11)     In the case of the death or withdrawal of a
candidate prior to the closing of the polls in any election, he
shall be eliminated from the contest and any votes cast for him
shall be disregarded. If, at any time after the closing of the
period for nominations because of lack of plural or proper
nominations or death, or withdrawal, or disqualification or any
other reason, there shall be (i) only two candidates for two
positions, they shall be declared elected by the Board of Dental
Elections, or (ii) only one candidate for one position, he shall
be declared elected by the Board of Dental Elections, or (iii) no
candidate for two positions, the two positions shall be filled by
the Board of Dental Examiners, or (iv) no candidate for one
position, the position shall be filled by the Board of Dental
Examiners, or (v) one candidate for two positions, the one
candidate shall be declared elected by the Board of Dental
Elections and one qualified dentist shall be elected to the other
position by the Board of Dental Examiners.  In the event of the
death or withdrawal of a candidate after election but before
taking office, the position to which he was elected shall be
filled by the Board of Dental Examiners.  In the event of the
death or resignation of a member of the Board of Dental
Examiners, after taking office, his position shall be filled for
the unexpired term by the Board of Dental Examiners.
          (12)     An official list of licensed dentists shall be
kept at an office of the Board of Dental Elections and shall be
open to the inspection of any person at all times.  Copies may be
made by any licensed dentist.  As soon as the voting in any
election begins a list of the licensed dentists shall be posted
in such office of said Board and indication by mark or otherwise
shall be made on that list to show whether a ballot-enclosing
envelope has been returned.
          (13)     All envelopes enclosing ballots and all
ballots shall be preserved and held separately by the Board of
Dental Elections for a period of six months following the close
of an election.
          (14)     From any decision of the Board of Dental
Elections relative to the conduct of such elections, appeal may
be taken to the courts in the manner otherwise provided by
Chapter 150B of the General Statutes of North Carolina.
          (15)     The Board of Dental Elections is authorized to
make rules and regulations relative to the conduct of these
elections, provided same are not in conflict with the provisions
of this section and provided that notice shall be given to all
licensed dentists residing in North Carolina.
     (d)  For service on the Board of Dental Elections, the
members of such Board shall receive the per diem compensation and
expenses allowed by this Article for service as members of the
Board of Dental Examiners.  The Board of Dental Elections is
authorized and empowered to expend from funds collected under the
provisions of this Article such sum or sums as it may determine
necessary in the performance of its duties as a Board of Dental
Elections, said expenditures to be in addition to the
authorization contained in G.S. 90-43 and to be disbursed as
provided therein.
     (e)  The Board of Dental Elections is authorized to appoint
such secretary or secretaries and/or assistant secretary or
assistant secretaries to perform such functions in connection
with such nominations and elections as said Board shall
determine, provided that any protestant or contestant shall have
the right to a hearing by said Board in connection with any
challenge of a voter, or an envelope, or a ballot or the counting
of an election.  Said Board is authorized to designate an office
or offices for the keeping of lists of registered dentists, for
the issuance and the receipt of envelopes and ballots. (1935, c.
66, s. 1; 1957, c. 592, s. 1; 1961, c. 213, s. 1; 1971, c. 755,
s. 1; 1973, c. 1331, s. 3; 1979, 2nd Sess., c. 1195, ss. 1-5;
1981, c. 751, ss. 1, 2; 1987, c. 827, s. 1.)

90-23. Officers; common seal.
     The North Carolina State Board of Dental Examiners shall, at
each annual meeting thereof, elect one of its members president
and one secretary-treasurer. The common seal which has already
been adopted by said Board, pursuant to law, shall be continued
as the seal of said Board. (1935, c. 66, s. 2.)

90-24. Quorum; adjourned meetings.
     A majority of the members of said Board shall constitute a
quorum for the transaction of business and at any meeting of the
Board, if a majority of the members are not present at the time
and the place appointed for the meeting, those members of the
Board present may adjourn from day to day until a quorum is
present, and the action of the Board taken at any adjourned
meeting thus had shall have the same force and effect as if had
upon the day and at the hour of the meeting called and adjourned
from day to day. (1935, c. 66, s. 2; 1981, c. 751, s. 3.)

90-25. Records and transcripts.
     The said Board shall keep a record of its transactions at
all annual or special meetings and shall provide a record book in
which shall be entered the names and proficiency of all persons
to whom licenses may be granted under the provisions of law. The
said book shall show, also, the license number and the date upon
which such license was issued and shall show such other matters
as in the opinion of the Board may be necessary or proper. Said
book shall be deemed a book of record of said Board and a
transcript of any entry therein or a certification that there is
not entered therein the name, proficiency and license number or
date of granting such license, certified under the hand of the
secretary-treasurer, attested by the seal of the North Carolina
State Board of Dental Examiners, shall be admitted as evidence in
any court of this State when the same shall otherwise be
competent. (1935, c. 66, s. 2.)


 90-26.  Annual and special meetings.
     The North Carolina State Board of Dental Examiners shall
meet annually on the date and at the time and place as may be
determined by the Board, and at such other dates, times, and
places as may be determined by action of the Board or by any
majority of the members thereof. Notice of the date, time, and
place of the annual meeting and of the date, time, and place of
any special or called meeting shall be given in writing, by
registered or certified mail or personally, to each member of the
Board at least 10 days prior to said meeting; provided the
requirements of notice may be waived by any member of the Board.
At the annual meeting or at any special or called meeting, the
said Board shall have the power to conduct examination of
applicants and to transact such other business as may come before
it, provided that in case of a special meeting, the purpose for
which said meeting is called shall be stated in the notice.
(1935, c. 66, s. 3; 1961, c. 446, s. 1; 1981, c. 751, s. 4; 1995
(Reg. Sess., 1996), c. 584, s. 5.)


 90-27.  Judicial powers; additional data for
records.
     The president of the North Carolina State Board of Dental
Examiners, and/or the secretary-treasurer of said Board, shall
have the power to administer oaths, issue subpoenas requiring the
attendance of persons and the production of papers and records
before said Board in any hearing, investigation or proceeding
conducted by it.  The sheriff or other proper official of any
county of the State shall serve the process issued by said
president or secretary-treasurer of said Board pursuant to its
requirements and in the same manner as process issued by any
court of record.  The said Board shall pay for the service of all
process, such fees as are provided by law for the service of like
process in other cases.
     Any person who shall neglect or refuse to obey any subpoena
requiring him to attend and testify before said Board or to
produce books, records or documents shall be guilty of a Class 1
misdemeanor.
     The Board shall have the power, upon the production of any
papers, records or data, to authorize certified copies thereof to
be substituted in the permanent record of the matter in which
such books, records or data shall have been introduced in
evidence. (1935, c. 66, s. 4; 1993, c. 539, s. 616; 1994, Ex.
Sess., c. 24, s. 14(c).)

90-28. Bylaws and regulations.
     The North Carolina State Board of Dental Examiners shall
have the power to make necessary bylaws and regulations, not
inconsistent with the provisions of this Article, regarding any
matter referred to in this Article and for the purpose of
facilitating the transaction of business by the said Board.
(1935, c. 66, s. 5.)


 90-29.  Necessity for license; dentistry
defined; exemptions.
     (a)  No person shall engage in the practice of dentistry in
this State, or offer or attempt to do so, unless such person is
the holder of a valid license or certificate of renewal of
license duly issued by the North Carolina State Board of Dental
Examiners.
     (b)  A person shall be deemed to be practicing dentistry in
this State who does, undertakes or attempts to do, or claims the
ability to do any one or more of the following acts or things
which, for the purposes of this Article, constitute the practice
of dentistry:
          (1)     Diagnoses, treats, operates, or prescribes for
any disease, disorder, pain, deformity, injury, deficiency,
defect, or other physical condition of the human teeth, gums,
alveolar process, jaws, maxilla, mandible, or adjacent tissues or
structures of the oral cavity;
          (2)     Removes stains, accretions or deposits from the
human teeth;
          (3)     Extracts a human tooth or teeth;
          (4)     Performs any phase of any operation relative or
incident to the replacement or restoration of all or a part of a
human tooth or teeth with any artificial substance, material or
device;
          (5)     Corrects the malposition or malformation of the
human teeth;
          (6)     Administers an anesthetic of any kind in the
treatment of dental or oral diseases or physical conditions, or
in preparation for or incident to any operation within the oral
cavity; provided, however, that this subsection shall not apply
to a lawfully qualified nurse anesthetist who administers such
anesthetic under the supervision and direction of a licensed
dentist or physician;
          (6a)     Expired.
          (7)     Takes or makes an impression of the human
teeth, gums or jaws;
          (8)     Makes, builds, constructs, furnishes,
processes, reproduces, repairs, adjusts, supplies or
professionally places in the human mouth any prosthetic denture,
bridge, appliance, corrective device, or other structure designed
or constructed as a substitute for a natural human tooth or teeth
or as an aid in the treatment of the malposition or malformation
of a tooth or teeth, except to the extent the same may lawfully
be performed in accordance with the provisions of G.S. 90-29.1
and 90-29.2;
          (9)     Uses a Roentgen or X-ray machine or device for
dental treatment or diagnostic purposes, or gives interpretations
or readings of dental Roentgenograms or X rays;
          (10)     Performs or engages in any of the clinical
practices included in the curricula of recognized dental schools
or colleges;
          (11)     Owns, manages, supervises, controls or
conducts, either himself or by and through another person or
other persons, any enterprise wherein any one or more of the acts
or practices set forth in subdivisions (1) through (10) above are
done, attempted to be done, or represented to be done;
          (12)     Uses, in connection with his name, any title
or designation, such as "dentist," "dental surgeon," "doctor of
dental surgery," "D.D.S.," "D.M.D.," or any other letters, words
or descriptive matter which, in any manner, represents him as
being a dentist able or qualified to do or perform any one or
more of the acts or practices set forth in subdivisions (1)
through (10) above;
          (13)     Represents to the public, by any advertisement
or announcement, by or through any media, the ability or
qualification to do or perform any of the acts or practices set
forth in subdivisions (1) through (10) above.
     (c)  The following acts, practices, or operations, however,
shall not constitute the unlawful practice of dentistry:
          (1)     Any act by a duly licensed physician or surgeon
performed in the practice of his profession;
          (2)     The practice of dentistry, in the discharge of
their official duties, by dentists in any branch of the military
service of the United States or in the full-time employ of any
agency of the United States;
          (3)     The teaching or practice of dentistry, in
dental schools or colleges operated and conducted in this State
and approved by the North Carolina State Board of Dental
Examiners, by any person or persons licensed to practice
dentistry anywhere in the United States or in any country,
territory or other recognized jurisdiction;
          (4)     The practice of dentistry in dental schools or
colleges in this State approved by the North Carolina State Board
of Dental Examiners by students enrolled in such schools or
colleges as candidates for a doctoral degree in dentistry when
such practice is performed as a part of their course of
instruction and is under direct supervision of a dentist who is
either duly licensed in North Carolina or qualified under
subdivision (3) above as a teacher; additionally, the practice of
dentistry by such students at State or county institutions with
resident populations, hospitals, State or county health
departments, area health education centers, nonprofit health care
facilities serving low-income populations and approved by the
State Health Director or his designee and approved by the Board
of Dental Examiners, and State or county-owned nursing homes;
subject to review and approval or disapproval by the said Board
of Dental Examiners when in the opinion of the dean of such
dental school or college or his designee, the students' dental
education and experience are adequate therefor, and such practice
is a part of the course of instruction of such students, is
performed under the direct supervision of a duly licensed dentist
acting as a teacher or instructor, and is without remuneration
except for expenses and subsistence all as defined and permitted
by the rules and regulations of said Board of Dental Examiners.
Should the Board disapprove a specific program, the Board shall
within 90 days inform the dean of its actions. Nothing herein
shall be construed to permit the teaching of, delegation to or
performance by any dental hygienist, dental assistant, or other
auxiliary relative to any program of extramural rotation, of any
function not heretofore permitted by the Dental Practice Act, the
Dental Hygiene Act or by the rules and regulations of the Board;
          (5)     The temporary practice of dentistry by licensed
dentists of another state or of any territory or country when the
same is performed, as clinicians, at meetings of organized dental
societies, associations, colleges or similar dental
organizations, or when such dentists appear in emergency cases
upon the specific call of a dentist duly licensed to practice in
this State;
          (6)     The practice of dentistry by a person who is a
graduate of a dental school or college approved by the North
Carolina State Board of Dental Examiners and who is not licensed
to practice dentistry in this State, when such person is the
holder of a valid intern permit, or provisional license, issued
to him by the North Carolina State Board of Dental Examiners
pursuant to the terms and provisions of this Article, and when
such practice of dentistry complies with the conditions of said
intern permit, or provisional license;
          (7)     Any act or acts performed by a dental hygienist
when such act or acts are lawfully performed pursuant to the
authority of Article 16 of this Chapter 90 or the rules and
regulations of the Board promulgated thereunder;
          (8)     Activity which would otherwise be considered
the practice of dental hygiene performed by students enrolled in
a school or college approved by the Board in a board-approved
dental hygiene program under the direct supervision of a dental
hygienist or a dentist duly licensed in North Carolina or
qualified for the teaching of dentistry pursuant to the
provisions of subdivision (3) above;
          (9)     Any act or acts performed by an assistant to a
dentist licensed to practice in this State when said act or acts
are authorized and permitted by and performed in accordance with
rules and regulations promulgated by the Board;
          (10)     Dental assisting and related functions as a
part of their instructions by students enrolled in a course in
dental assisting conducted in this State and approved by the
Board, when such functions are performed under the supervision of
a dentist acting as a teacher or instructor who is either duly
licensed in North Carolina or qualified for the teaching of
dentistry pursuant to the provisions of subdivision (3) above;
          (11)     The extraoral construction, manufacture,
fabrication or repair of prosthetic dentures, bridges,
appliances, corrective devices, or other structures designed or
constructed as a substitute for a natural human tooth or teeth or
as an aid in the treatment of the malposition or malformation of
a tooth or teeth, by a person or entity not licensed to practice
dentistry in this State, when the same is done or performed
solely upon a written work order in strict compliance with the
terms, provisions, conditions and requirements of G.S. 90-29.1
and 90-29.2.
          (12)     The use of a dental x-ray machine in the
taking of dental radiographs by a dental hygienist, certified
dental assistant, or a dental assistant who can show evidence of
satisfactory performance on an equivalency examination,
recognized by the Board of Dental Examiners, based on seven hours
of instruction in the production and use of dental x rays and an
educational program of not less than seven hours in clinical
dental radiology.
          (13)     A dental assistant, or dental hygienist who
shows evidence of education and training in Nitrous Oxide --
Oxygen Inhalant Conscious Sedation within a formal educational
program may aid and assist a licensed dentist in the
administration of Nitrous Oxide -- Oxygen Inhalant Conscious
Sedation. Any dental assistant who can show evidence of having
completed an educational program recognized by the Board of not
less than seven clock hours on Nitrous Oxide -- Oxygen Inhalant
Conscious Sedation may also aid and assist a licensed dentist in
the administration of Nitrous Oxide -- Oxygen Inhalant Conscious
Sedation. Any dental hygienist or dental assistant who has been
employed in a dental office where Nitrous Oxide -- Oxygen
Inhalant Conscious Sedation was utilized, and who can show
evidence of performance and instruction of not less than one year
prior to July 1, 1980, qualifies to aid and assist a licensed
dentist in the administration of Nitrous Oxide -- Oxygen Inhalant
Conscious Sedation.
          (14)     The operation of a nonprofit health care
facility serving low-income populations and approved by the State
Health Director or his designee and approved by the North
Carolina State Board of Dental Examiners. (1935, c. 66, s. 6;
1953, c. 564, s. 3; 1957, c. 592, s. 2; 1961, c. 446, s. 2; 1965,
c. 163, ss. 1, 2; 1971, c. 755, s. 2; 1977, c. 368; 1979, 2nd
Sess., c. 1195, ss. 10, 15; 1991, c. 658, s. 1; c. 678, s. 1;
1997-481, ss. 5, 6.)

90-29.1. Extraoral services performed for dentists.
     Licensed dentists may employ or engage the services of any
person, firm or corporation to construct or repair, extraorally,
prosthetic dentures, bridges, or other replacements for a part of
a tooth, a tooth, or teeth. A person, firm, or corporation so
employed or engaged, when constructing or repairing such
dentures, bridges, or  replacements, exclusively, directly, and
solely on the written work order of a licensed member of the
dental profession as hereafter provided, and not for the public
or any part thereof, shall not be deemed or considered to be
practicing dentistry as defined in this Article. (1957, c. 592,
s. 3; 1961, c. 446, ss. 3, 4; 1979, 2nd Sess., c. 1195, s. 6.)


 90-29.2.  Requirements in respect to written
work orders; penalty.
     (a)  Any licensed dentist who employs or engages the
services of any person, firm or corporation to construct or
repair, extraorally, prosthetic dentures, bridges, orthodontic
appliance, or other replacements, for a part of a tooth, a tooth
or teeth, shall furnish such person, firm or corporation with a
written work order on forms prescribed by the North Carolina
State Board of Dental Examiners which shall contain:
          (1)     The name and address of the person, firm, or
corporation to which the work order is directed.
          (2)     The patient's name or identification number. If
a number is used, the patient's name shall be written upon the
duplicate copy of the work order retained by the dentist.
          (3)     The date on which the work order was written.
          (4)     A description of the work to be done, including
diagrams if necessary.
          (5)     A specification of the type and quality of
materials to be used.
          (6)     The signature of the dentist and the number of
his license to practice dentistry.
     (b)  The person, firm or corporation receiving a work order
from a licensed dentist shall retain the original work order and
the dentist shall retain a duplicate copy thereof for inspection
at any reasonable time by the North Carolina State Board of
Dental Examiners or its duly authorized agents, for a period of
two years in both cases.
     (c)  If the person, firm or corporation receiving a written
work order from a licensed dentist engages another person, firm
or corporation (hereinafter referred to as "subcontractor") to
perform some of the services relative to such work order, he or
it shall furnish a written subwork order with respect thereto on
forms prescribed by the North Carolina State Board of Dental
Examiners which shall contain:
          (1)     The name and address of the subcontractor.
          (2)     A number identifying the subwork order with the
original work order, which number shall be endorsed on the work
order received from the licensed dentist.
          (3)     The date on which the subwork order was
written.
          (4)     A description of the work to be done by the
subcontractor, including diagrams if necessary.
          (5)     A specification of the type and quality of
materials to be used.
          (6)     The signature of the person, firm or
corporation issuing the subwork order.
     The subcontractor shall retain the subwork order and the
issuer thereof shall retain a duplicate copy, attached to the
work order received from the licensed dentist, for inspection by
the North Carolina State Board of Dental Examiners or its duly
authorized agents, for a period of two years in both cases.
     (d)  Any licensed dentist who:
          (1)     Employs or engages the services of any person,
firm or corporation to construct or repair extraorally,
prosthetic dentures, bridges, or other dental appliances without
first providing such person, firm, or corporation with a written
work order; or
          (2)     Fails to retain a duplicate copy of the work
order for two years; or
          (3)     Refuses to allow the North Carolina State Board
of Dental Examiners to inspect his files of work orders
is guilty of a Class 1 misdemeanor and the North Carolina State
Board of Dental Examiners may revoke or suspend his license
therefor.
     (e)  Any such person, firm, or corporation, who:
          (1)     Furnishes such services to any licensed dentist
without first obtaining a written work order therefor from such
dentist; or
          (2)     Acting as a subcontractor as described in (c)
above, furnishes such services to any person, firm or
corporation, without first obtaining a written subwork order from
such person, firm or corporation; or
          (3)     Fails to retain the original work order or
subwork order, as the case may be, for two years; or
          (4)     Refuses to allow the North Carolina State Board
of Dental Examiners or its duly authorized agents, to inspect his
or its files of work orders or subwork orders shall be guilty of
a Class 1 misdemeanor. (1961, c. 446, s. 5; 1993, c. 539, ss.
617, 618; 1994, Ex. Sess., c. 24, s. 14(c).)

90-29.3. Provisional license.
     (a) The North Carolina State Board of Dental Examiners
shall, subject to its rules and regulations, issue a provisional
license to practice dentistry to any person who is licensed to
practice dentistry anywhere in the United States or in any
country, territory or other recognized jurisdiction, if the Board
shall determine that said licensing jurisdiction imposed upon
said person requirements for licensure no less exacting than
those imposed by this State. A provisional licensee may engage in
the practice of dentistry only in strict accordance with the
terms, conditions and limitations of his license and with the
rules and regulations of the Board pertaining to provisional
license.
     (b) A provisional license shall be valid until the date of
the announcement of the results of the next succeeding Board
examination of candidates for licensure to practice dentistry in
this State, unless the same shall be earlier revoked or suspended
by the Board.
     (c) No person who has failed an examination conducted by the
North Carolina State Board of Dental Examiners shall be eligible
to receive a provisional license.
     (d) Any person desiring to secure a provisional license
shall make  application therefor in the manner and form
prescribed by the rules and regulations of the Board and shall
pay the fee prescribed in G.S.  90-39 of this Article.
     (e) A provisional licensee shall be subject to those various
disciplinary measures and penalties set forth in G.S. 90-41 upon
a determination of the Board that said provisional licensee has
violated any of the terms or provisions of this Article. (1969,
c. 804, s. 1.)


 90-29.4.  Intern permit.
     The North Carolina State Board of Dental Examiners may, in
the exercise of the discretion of said Board, issue to a person
who is not licensed to practice dentistry in this State and who
is a graduate of a dental school, college, or institution
approved by said Board, an intern permit authorizing such person
to practice dentistry under the supervision or direction of a
dentist duly licensed to practice in this State, subject to the
following particular conditions:
          (1)     An intern permit shall be valid for no more
than one year from the date of issue thereof; provided, however,
that the Board may, in its discretion, renew such permit for not
more than three additional one-year periods; and, provided,
further, that no person shall be granted an intern permit or
intern permits embracing or covering an aggregate time span of
more than 48 calendar months;
          (2)     The holder of a valid intern permit may
practice dentistry only under the supervision or direction of one
or more dentists duly licensed to practice in this State;
          (3)     The holder of a valid intern permit may
practice dentistry only (i) as an employee in a hospital,
sanatorium, or a like institution which is licensed or approved
by the State of North Carolina and approved by the North Carolina
State Board of Dental Examiners; (ii) as an employee of a
nonprofit health care facility serving low-income populations and
approved by the State Health Director or his designee and
approved by the North Carolina State Board of Dental Examiners;
or (iii) as an employee of the State of North Carolina or an
agency or political subdivision thereof, or any other
governmental entity within the State of North Carolina, when said
employment is approved by the North Carolina State Board of
Dental Examiners;
          (4)     The holder of a valid intern permit shall
receive no fee or fees or compensation of any kind or nature for
dental services rendered by him other than such salary or
compensation as might be paid to him by the entity specified in
subdivision (3) above wherein or for which said services are
rendered;
          (5)     The holder of a valid intern permit shall not,
during the term of said permit or any renewal thereof, change the
place of his internship without first securing the written
approval of the North Carolina State Board of Dental Examiners;
          (6)     The practice of dentistry by the holder of a
valid intern permit shall be strictly limited to the confines of
and to the registered patients of the hospital, sanatorium or
institution to which he is attached or to the persons officially
served by the governmental entity by whom he is employed;
          (7)     Any person seeking an intern permit shall first
file with the North Carolina State Board of Dental Examiners such
papers and documents as are required by said Board, together with
the application fee authorized by G.S. 90-39. A fee authorized by
G.S. 90-39 shall be paid for any renewal of said intern permit.
Such person shall further supply to the Board such other
documents, materials or information as the Board may request;
          (8)     Any person seeking an intern permit or who is
the holder of a valid intern permit shall comply with such
limitations as the North Carolina State Board of Dental Examiners
may place or cause to be placed, in writing, upon such permit,
and shall comply with such rules and regulations as the Board
might promulgate relative to the issuance and maintenance of said
permit in the practice of dentistry relative to the same;
          (9)     The holder of an intern permit shall be subject
to the provisions of G.S. 90-41. (1971, c. 755, s. 3; 1997-481,
s. 7.)

90-29.5. Instructor's license.
     The Board may issue an instructor's license to a person who
is not otherwise licensed to practice dentistry in the State, but
whom the Board finds to be qualified by professional training and
experience and upon the same examination as that offered to
licensed dentists in North Carolina plus an oral examination. An
instructor's license will authorize him to teach and to practice
dentistry in or on behalf of a dental school or college offering
a doctoral degree in dentistry, operated and conducted in this
State and approved by the North Carolina State Board of Dental
Examiners, but only within the confines of the principal facility
of the school or college and of any teaching hospital adjacent
thereto. Application for an instructor's license shall be made in
accordance with rules and regulations of the  North Carolina
State Board of Dental Examiners. A person holding an instructor's
license shall have, within the scope of his authorized practice,
all the duties and responsibilities of any dentist who has been
licensed upon examination by the North Carolina State Board of
Dental Examiners, and shall be subject to those various
disciplinary measures and penalties set forth in G.S. 90-41 upon
a determination by the Board that he has violated any of the
terms or provisions of this Article. An instructor's license
shall be subject to annual renewal by the North Carolina State
Board of Dental Examiners, as provided in G.S. 90-31. (1979, 2nd
Sess., c. 1195, s. 11.)

90-30. Examination and licensing of applicants;
qualifications; causes for refusal to grant license; void
licenses.
     The North Carolina State Board of Dental Examiners shall
grant licenses to practice dentistry to such applicants who are
graduates of a reputable dental institution, who, in the opinion
of a majority of the Board, shall undergo a satisfactory
examination of proficiency in the knowledge and practice of
dentistry, subject, however, to the further provisions of this
section and of the provisions of this Article.
     The applicant shall be of good moral character, at least 18
years of age at the time the application for examination is
filed. The application shall be made to the said Board in writing
and shall be accompanied by evidence satisfactory to said Board
that the applicant is a person of good moral character, has an
academic education, the standard of which shall be determined by
the said Board; that he is a graduate of and has a diploma from a
reputable dental college or the dental department of a reputable
university or college recognized, accredited and approved as such
by the said Board.
     The North Carolina State Board of Dental Examiners is
authorized to conduct both written or oral and clinical
examinations of such character as to thoroughly test the
qualifications of the applicant, and may refuse to grant license
to any person who, in its discretion, is found deficient in said
examination, or to any person guilty of cheating, deception or
fraud during such examination, or whose examination discloses to
the satisfaction of the Board, a deficiency in academic
education. The Board may employ such dentists found qualified
therefor by the Board, in examining applicants for licenses as it
deems appropriate.
     The North Carolina State Board of Dental Examiners may
refuse to grant a license to any person guilty of a crime
involving moral turpitude, or gross immorality, or to any person
addicted to the use of alcoholic liquors or narcotic drugs to
such an extent as, in the opinion of the Board, renders the
applicant unfit to practice dentistry.
     Any license obtained through fraud or by any false
representation shall be void ab initio and of no effect. (1935,
c. 66, s. 7; 1971, c. 755, s. 4; 1981, c. 751, s. 5.)


 90-30.1.  Standards for general anesthesia and
parenteral sedation; fees authorized.
     The North Carolina Board of Dental Examiners may establish
by regulation reasonable education, training, and equipment
standards for safe administration and monitoring of general
anesthesia and parenteral sedation for outpatients in the dental
setting. Regulatory standards may include a permit process for
general anesthesia and parenteral sedation by dentists. The
requirements of any permit process adopted under the authority of
this section must include provisions that will allow a dentist to
qualify for continued use of general anesthesia, if he or she is
licensed to practice dentistry in North Carolina and shows the
Board that he or she has been utilizing general anesthesia in a
competent manner for the five years preceding July 1, 1988, and
his or her office facilities pass an on-site examination and
inspection by qualified representatives of the Board. In order to
provide the means of regulating general anesthesia and parenteral
sedation, including examination and inspection of dental offices
involved, the Board may charge and collect fees established by
its rules for each permit application, each annual permit
renewal, and each office inspection in an amount not to exceed
the maximum fee amounts set forth in G.S. 90-39. (1987 (Reg.
Sess., 1988), c. 1073; 1989, c. 648; 1989 (Reg. Sess., 1990), c.
1066, s. 12(a); 1995 (Reg. Sess., 1996), c. 584, s. 2.)


 90-31.  Annual renewal of licenses.
     The laws of North Carolina now in force, having provided for
the annual renewal of any license issued by the North Carolina
State Board of Dental Examiners, it is hereby declared to be the
policy of this State, that all licenses heretofore issued by the
North Carolina State Board of Dental Examiners or hereafter
issued by said Board are subject to annual renewal and the
exercise of any privilege granted by any license heretofore
issued or hereafter issued by the North Carolina State Board of
Dental Examiners is subject to the issuance on or before the
first day of January of each year of a certificate of renewal of
license.
     On or before the first day of January of each year, each
dentist engaged in the practice of dentistry in North Carolina
shall make application to the North Carolina State Board of
Dental Examiners and receive from said Board, subject to the
further provisions of this section and of this Article, a
certificate of renewal of said license.
     The application shall show the serial number of the
applicant's license, his full name, address and the county in
which he has practiced during the preceding year, the date of the
original issuance of license to said applicant and such other
information as the said Board from time to time may prescribe, at
least six months prior to January 1 of any year.
     If the application for such renewal certificate, accompanied
by the fee required by this Article, is not received by the Board
before January 31 of each year, an additional fee shall be
charged for renewal certificate. The maximum penalty fee for late
renewal is set forth in G.S. 90-39. If such application,
accompanied by the renewal fee, plus the additional fee, is not
received by the Board before March 31 of each year, every person
thereafter continuing to practice dentistry without having
applied for a certificate of renewal shall be guilty of the
unauthorized practice of dentistry and shall be subject to the
penalties prescribed by G.S. 90-40. (1935, c. 66, s. 8; 1953, c.
564, s. 5; 1961, c. 446, s. 6; 1971, c. 755, s. 5; 1995 (Reg.
Sess., 1996), c. 584, s. 3.)


 90-31.1.  Continuing education courses required.
     All dentists licensed under G.S. 90-30 shall be required to
attend Board-approved courses of study in subjects relating to
dentistry.  The Board shall have authority to consider and
approve courses, or providers of courses, to the end that those
attending will gain (i) information on existing and new methods
and procedures used by dentists, (ii) information leading to
increased safety and competence in their dealings with patients
and staff, and (iii) information on other matters, as they
develop, that are of continuing importance to the practice of
dentistry.  The Board shall determine the number of hours of
study within a particular period and the nature of course work
required.  The Board may provide exemptions or waivers from
continuing education requirements where dentists are receiving
alternate learning experiences or where they have limited
practices.  The Board shall by regulation define circumstances
for exemptions or waivers for dentists who are involved in dental
education or training pursuits where they gain experiences
equivalent to formal continuing education courses, for those who
have reached an advanced age and are semiretired or have
otherwise voluntarily restricted their practices in volume and
scope, and for such other situations as the Board in its
discretion may determine meet the purposes of this section.
(1993, c. 307, s. 1.)

90-32. Contents of original license.
     The original license granted by the North Carolina State
Board of Dental Examiners shall bear a serial number, the full
name of the applicant, the date of issuance and shall be signed
by the president and the majority of the members of the said
Board and attested by the seal of said Board and the secretary
thereof. The certificate of renewal of license shall bear a
serial number which need not be the serial number of the original
license issued, the full name of the applicant and the date of
issuance. (1935, c. 66, s. 8.)

90-33. Displaying license and current certificate of
renewal.
     The license and the current certificate of renewal of
license to practice dentistry issued, as herein provided, shall
at all times be displayed in a conspicuous place in the office of
the holder thereof and whenever requested the license and the
current certificate of renewal shall be exhibited to or produced
before the North Carolina State Board of Dental Examiners or to
its authorized agents. (1935, c. 66, s. 8.)


 90-34.  Refusal to grant renewal of
license.
     For nonpayment of fee or fees required by this Article, for
failure to comply with continuing education requirements adopted
by the Board under the authority of G.S. 90-31.1, or for
violation of any of the terms or provisions of G.S. 90-41
concerning disciplinary actions, the North Carolina State Board
of Dental Examiners may refuse to issue a certificate for renewal
of license.  As used in this section, the term "license" includes
license, provisional license or intern permit. (1935, c. 66, s.
8; 1971, c. 755, s. 6; 1993, c. 307, s. 2.)


 90-35.  Duplicate licenses.
     When a person is a holder of a license to practice dentistry
in North Carolina or the holder of a certificate of renewal of
license, he may make application to the North Carolina State
Board of Dental Examiners for the issuance of a copy or a
duplicate thereof accompanied by a fee that shall not exceed the
maximum fee for a duplicate license or certificate set forth in
G.S. 90-39. Upon the filing of the application and the payment of
the fee, the said Board shall issue a copy or duplicate. (1935,
c. 66, s. 8; 1961, c. 446, s. 7; 1995 (Reg. Sess., 1996), c. 584,
s. 4.)

90-36. Licensing practitioners of other states.
     The North Carolina State Board of Dental Examiners may, in
its discretion, issue a license to practice dentistry in this
State without an examination other than clinical to a legal and
ethical practitioner of dentistry who moves into North Carolina
from another state or territory of the United States, whose
standard of requirements is equal to that of the State of North
Carolina and in which such applicant has conducted a legal and
ethical practice of dentistry for at least five years, next
preceding his or her removal and who has not, during his period
of practice, been found guilty by the state regulatory agency
charged with the responsibility therefor of the violation of the
ethics of his profession, nor found guilty by a court of
competent jurisdiction of the violation of the laws of the state
which issued license to him or of the criminal laws of the United
States, nor whose license to practice dentistry has been revoked
or suspended by a duly constituted authority.
     Application for license to be issued under the provisions of
this section shall be accompanied by a certificate from the
dental board or like board of the state from which said applicant
removed, certifying that the applicant is the legal holder of a
license to practice dentistry in that state, and for a period of
five years immediately preceding the application has engaged in
the practice of dentistry; is of good moral character and that
during the period of his practice no charges have been filed with
said board against the applicant for the violation of the laws of
the state or of the United States, or for the violation of the
ethics of the profession of dentistry.
     Application for a license under this section shall be made
to the North Carolina State Board of Dental Examiners within the
six months of the date of the issuance of the certificate
hereinbefore required, and said certificate shall be accompanied
by the diploma or other evidence of the graduation from a
reputable, recognized and approved dental college, school or
dental department of a college or university.
     Any license issued upon the application of any dentist from
any other state or territory shall be subject to all of the
provisions of this Article with reference to the license issued
by the North Carolina State Board of Dental Examiners upon
examination of applicants and the rights and privileges to
practice the profession of dentistry under any license so issued
shall be subject to the same duties, obligations, restrictions
and the conditions as imposed by this Article on dentists
originally examined by the North Carolina State Board of Dental
Examiners. (1935, c. 66, s. 9; 1971, c. 755, s. 7; 1981, c. 751,
s. 6.)

90-37. Certificate issued to dentist moving out of State.
     Any dentist duly licensed by the North Carolina State Board
of Dental Examiners, desiring to move from North Carolina to
another state, territory or foreign country, if a holder of a
certificate of renewal of license from said Board, upon
application to said Board and the payment to it of the fee in
this Article provided, shall be issued a certificate showing his
full name and address, the date of license originally issued to
him, the date and number of his renewal of license, and whether
any charges have been filed with the Board against him. The Board
may provide forms for such certificate, requiring such additional
information as it may determine proper. (1935, c. 66, s. 10.)

90-38. Licensing former dentists who have moved back into
State or resumed practice.
     Any person who shall have been licensed by the North
Carolina State Board of Dental Examiners to practice dentistry in
this State who shall have retired from practice or who shall have
moved from the State and shall have returned to the State, may,
upon a satisfactory showing to said Board of his proficiency in
the profession of dentistry and his good moral character during
the period of his retirement, be granted by said Board a license
to resume the practice of dentistry upon making application to
the said Board in such form as it may require. The license to
resume practice, after issuance thereof, shall be subject to all
the provisions of this Article. (1935, c. 66, s. 11; 1953, c.
564, s. 2.)


 90-39.  Fees.
     In order to provide the means of carrying out and enforcing
the provisions of this Article and the duties devolving upon the
North Carolina State Board of Dental Examiners, it is authorized
to charge and collect fees established by its rules and
regulations not exceeding the following:
          (1)     Each application for general dentistry
               examination     $500.00
          (2)     Each general dentistry license renewal, which
fee shall be annually fixed by the Board and not later than
November 30 of each year it shall give written notice of the
amount of the renewal fee to each dentist licensed to practice in
this State by mailing such notice to the last address of record
with the board of each such
               dentist     140.00
           (2a)     Penalty for late renewal of any
               license or permit     50.00
          (3)     Each provisional license     150.00
          (4)     Each intern permit or renewal thereof
150.00
          (5)     Each certificate of license to a resident
dentist desiring to change to another state or territory     3
0.00
          (6)     Repealed by Session Laws 1995, (Reg. Sess.,
1996), c. 584, s. 1.
           (7)     Each license to resume the practice issued to
a dentist who has retired from and returned to this State
300.00
          (8)     Each instructor's license or renewal
               thereof     140.00
          (9)       With each renewal of a dentistry license, an
annual fee to help fund special peer review organizations for
impaired dentists     50.00
          (10)     Each duplicate of any license, permit, or
certificate issued by the Board     25.00
          (11)     Each office inspection for general anesthesia
and parenteral sedation permits     350.00
          (12)      Each general anesthesia and parenteral
sedation permit application or renewal of permit     50.00.
(1935, c. 66, s. 12; 1953, c. 564, s. 1; 1961, c. 446, s. 8;
1965, c. 163, s. 3; 1971, c. 755, s. 8; 1979, 2nd Sess., c. 1195,
s. 12; 1987, c. 555, s. 1; 1993, c. 420, s. 1; 1995 (Reg. Sess.,
1996), c. 584, s. 1.)


 90-40.  Unauthorized practice; penalty.
     If any person shall practice or attempt to practice
dentistry in this State without first having passed the
examination and obtained a license from the North Carolina Board
of Dental Examiners or having obtained a provisional license from
said Board; or if he shall practice dentistry after March 31 of
each year without applying for a certificate of renewal of
license, as provided in G.S. 90-31; or shall practice or attempt
to practice dentistry while his license is revoked, or suspended,
or when a certificate of renewal of license has been refused; or
shall violate any of the provisions of this Article for which no
specific penalty has been provided; or shall practice or attempt
to practice, dentistry in violation of the provisions of this
Article; or shall practice dentistry under any name other than
his own name, said person shall be guilty of a Class 1
misdemeanor.  Each day's violation of this Article shall
constitute a separate offense. (1935, c. 66, s. 13; 1953, c. 564,
s. 6; 1957, c. 592, s. 4; 1965, c. 163, s. 6; 1969, c. 804, s. 2;
1993, c. 539, s. 619; 1994, Ex. Sess., c. 24, s. 14(c).)

90-40.1. Enjoining unlawful acts.
     (a) The practice of dentistry by any person who has not been
duly licensed so as to practice or whose license has been
suspended or revoked, or the doing, committing or continuing of
any of the acts prohibited by this Article by any person or
persons, whether licensed dentists or not, is hereby declared to
be inimical to public health and welfare and to constitute a
public nuisance. The Attorney General for the State of North
Carolina, the district attorney of any of the superior courts,
the North Carolina State Board of Dental Examiners in its own
name, or any resident citizen may maintain an action in the name
of the State of North Carolina to perpetually enjoin any person
from so unlawfully practicing dentistry and from the doing,
committing or continuing of such unlawful act. This proceeding
shall be in addition to and not in lieu of criminal prosecutions
or proceedings to revoke or suspend licenses as authorized by
this Article.
     (b) In an action brought under this section the final
judgment, if  in favor of the plaintiff, shall perpetually
restrain the defendant or defendants from the commission or
continuance of the act or acts complained of. A temporary
injunction to restrain the commission or continuance thereof may
be granted upon proof or by affidavit that the defendant or
defendants have violated any of the laws or statutes applicable
to unauthorized or unlawful practice of dentistry. The provisions
of the statutes or rules relating generally to injunctions  as
provisional remedies in actions shall apply to such a temporary
injunction and the proceedings thereunder.
     (c) The venue for actions brought under this section shall
be the superior court of any county in which such acts
constituting unlicensed or unlawful practice of dentistry are
alleged to have been  committed or in which there appear
reasonable grounds to believe that they will be committed or in
the county where the defendants in such action reside.
     (d) The plaintiff in such action shall be entitled to
examination of the adverse party and witnesses before filing
complaint and before  trial in the same manner as provided by law
for the examination of the parties. (1957, c. 592, s. 5; 1973, c.
47, s. 2.)


 90-41.  Disciplinary action.
     (a) The North Carolina State Board of Dental Examiners shall
have the power and authority to (i) Refuse to issue a license to
practice dentistry;  (ii) Refuse to issue a certificate of
renewal of a license to practice dentistry; (iii) Revoke or
suspend a license to practice dentistry; and (iv) Invoke such
other disciplinary measures, censure, or probative terms against
a licensee as it deems fit and proper;
in any instance or instances in which the Board is satisfied that
such applicant or licensee:
          (1)     Has engaged in any act or acts of fraud, deceit
or misrepresentation in obtaining or attempting to obtain a
license or the renewal thereof;
          (2)     Is a chronic or persistent user of intoxicants,
drugs or narcotics to the extent that the same impairs his
ability to practice dentistry;
          (3)     Has been convicted of any of the criminal
provisions of this Article or has entered a plea of guilty or
nolo contendere to any charge or charges arising therefrom;
          (4)     Has been convicted of or entered a plea of
guilty or nolo contendere to any felony charge or to any
misdemeanor charge involving moral turpitude;
          (5)     Has been convicted of or entered a plea of
guilty or nolo contendere to any charge of violation of any state
or federal narcotic or barbiturate law;
          (6)     Has engaged in any act or practice violative of
any of the provisions of this Article or violative of any of the
rules and regulations promulgated and adopted by the Board, or
has aided, abetted or assisted any other person or entity in the
violation of the same;
          (7)     Is mentally, emotionally, or physically unfit
to practice dentistry or is afflicted with such a physical or
mental disability as to be deemed dangerous to the health and
welfare of his patients. An adjudication of mental incompetency
in a court of competent jurisdiction or a determination thereof
by other lawful means shall be conclusive proof of unfitness to
practice dentistry unless or until such person shall have been
subsequently lawfully declared to be mentally competent;
          (8)     Has conducted in-person solicitation of
professional patronage or has employed or procured any person to
conduct such solicitation by personal contact with potential
patients, except to the extent that informal advice may be
permitted by regulations issued by the Board of Dental Examiners;
          (9)     Has permitted the use of his name, diploma or
license by another person either in the illegal practice of
dentistry or in attempting to fraudulently obtain a license to
practice dentistry;
          (10)     Has engaged in such immoral conduct as to
discredit the dental profession;
          (11)     Has obtained or collected or attempted to
obtain or collect any fee through fraud, misrepresentation, or
deceit;
          (12)     Has been negligent in the practice of
dentistry;
          (13)     Has employed a person not licensed in this
State to do or perform any act or service, or has aided, abetted
or assisted any such unlicensed person to do or perform any act
or service which under this Article or under Article 16 of this
Chapter, can lawfully be done or performed only by a dentist or a
dental hygienist licensed in this State;
          (14)     Is incompetent in the practice of dentistry;
          (15)     Has practiced any fraud, deceit or
misrepresentation upon the public or upon any individual in an
effort to acquire or retain any patient or patients;
          (16)     Has made fraudulent or misleading statements
pertaining to his skill, knowledge, or method of treatment or
practice;
          (17)     Has committed any fraudulent or misleading
acts in the practice of dentistry;
          (18)     Has, directly or indirectly, published or
caused to be published or disseminated any advertisement for
professional patronage or business which is untruthful,
fraudulent, misleading, or in any way inconsistent with rules and
regulations issued by the Board of Dental Examiners governing the
time, place, or manner of such advertisements;
          (19)     Has, in the practice of dentistry, committed
an act or acts constituting malpractice;
          (20)     Repealed by Session Laws 1981, c. 751, s. 7.
          (21)     Has permitted a dental hygienist or a dental
assistant in his employ or under his supervision to do or perform
any act or acts violative of this Article, or of Article 16 of
this Chapter, or of the rules and regulations promulgated by the
Board;
          (22)     Has wrongfully or fraudulently or falsely held
himself out to be or represented himself to be qualified as a
specialist in any branch of dentistry;
          (23)     Has persistently maintained, in the practice
of dentistry, unsanitary offices, practices, or techniques;
          (24)     Is a menace to the public health by reason of
having a serious communicable disease;
          (25)     Has distributed or caused to be distributed
any intoxicant, drug or narcotic for any other than a lawful
purpose; or
          (26)     Has engaged in any unprofessional conduct as
the same may be, from time to time, defined by the rules and
regulations of the Board.
     (b) If any person engages in or attempts to engage in the
practice of dentistry while his license is suspended, his license
to practice dentistry in the State of North Carolina may be
permanently revoked.
     (c) The Board may, on its own motion, initiate the
appropriate legal proceedings against any person, firm or
corporation when it is made to appear to the Board that such
person, firm or corporation has violated any of the provisions of
this Article or of Article 16.
     (d) The Board may appoint, employ or retain an investigator
or investigators for the purpose of examining or inquiring into
any practices committed in this State that might violate any of
the provisions of this Article or of Article 16 or any of the
rules and regulations promulgated by the Board.
     (e) The Board may employ or retain legal counsel for such
matters and purposes as may seem fit and proper to said Board.
     (f) As used in this section the term "licensee" includes
licensees, provisional licensees and holders of intern permits,
and the term "license" includes license, provisional license and
intern permit.
     (g) Records, papers, and other documents containing
information collected or compiled by the Board, or its members or
employees, as a result of investigations, inquiries, or
interviews conducted in connection with a licensing or
disciplinary matter, shall not be considered public records
within the meaning of Chapter 132 of the General Statutes;
provided, however, that any notice or statement of charges
against any licensee, or any notice to any licensee of a hearing
in any proceeding, shall be a public record within the meaning of
Chapter 132 of the General Statutes, notwithstanding that it may
contain information collected and compiled as a result of any
investigation, inquiry, or interview; and provided, further, that
if any record, paper, or other document containing information
collected and compiled by the Board is received and admitted into
evidence in any hearing before the Board, it shall then be a
public record within the meaning of Chapter 132 of the General
Statutes. (1935, c. 66, s. 14; 1957, c. 592, s. 7; 1965, c. 163,
s. 4; 1967, c. 451, s. 1; 1971, c. 755, s. 9; 1979, 2nd Sess., c.
1195, ss. 7, 8; 1981, c. 751, s. 7; 1989, c. 442; 1997-456, s.
27.)

 90-41.1.  Hearings.
     (a) With the exception of applicants for license by comity
and applicants for reinstatement after revocation, every
licensee, provisional licensee, intern, or applicant for license,
shall be afforded notice and opportunity to be heard before the
North Carolina State Board of Dental Examiners shall take any
action, the effect of which would be:
          (1)     To deny permission to take an examination for
licensing for which application has been duly made; or
          (2)     To deny a license after examination for any
cause other than failure to pass an examination; or
          (3)     To withhold the renewal of a license for any
cause other than failure to pay a statutory renewal fee; or
          (4)     To suspend a license; or
          (5)     To revoke a license; or
          (6)     To revoke or suspend a provisional license or
an intern permit; or
          (7)     To invoke any other disciplinary measures,
censure, or probative terms against a licensee, a provisional
licensee, or an intern,
such proceedings to be conducted in accordance with the
provisions of Chapter 150B of the General Statutes of North
Carolina.
     (b) In lieu of or as a part of such hearing and subsequent
proceedings, the Board is authorized and empowered to enter any
consent order relative to the discipline, censure, or probation
of a licensee, provisional licensee, an intern, or an applicant
for a license, or relative to the revocation or suspension of a
license, provisional license, or intern permit.
     (c) Following the service of the notice of hearing as
required by Chapter 150B of the General Statutes, the Board and
the person upon whom such notice is served shall have the right
to conduct adverse examinations, take depositions, and engage in
such further discovery proceedings as are permitted by the laws
of this State in civil matters. The Board is hereby authorized
and empowered to issue such orders, commissions, notices,
subpoenas, or other process as might be necessary or proper to
effect the purposes of this subsection; provided, however, that
no member of the Board shall be subject to examination hereunder.
(1967, c. 451, s. 2; 1969, c. 804, s. 3; 1971, c. 755, s. 10;
1973, c. 1331, s. 3; 1987, c. 827, s. 1.)

90-42. Restoration of revoked license.
     Whenever any dentist has been deprived of his license, the
North Carolina State Board of Dental Examiners, in its
discretion, may restore said license upon due notice being given
and hearing had, and satisfactory evidence produced of proper
reformation of the licentiate, before restoration. (1935, c. 66,
s. 14.)

 90-43.  Compensation and expenses of Board.
     Notwithstanding G.S. 93B-5(a), each member of the North
Carolina State Board of Dental Examiners shall receive as
compensation for his services in the performance of his duties
under this Article a sum not exceeding one hundred dollars
($100.00) for each day actually engaged in the performance of the
duties of his office, said per diem to be fixed by said Board,
and all legitimate and necessary expenses incurred in attending
meetings of the said Board.
     The Board is authorized and empowered to expend from funds
collected hereunder such additional sum or sums as it may
determine necessary in the administration and enforcement of this
Article, and employ such personnel as it may deem requisite to
assist in carrying out the administrative functions required by
this Article and by the Board. (1935, c. 66, s. 15; 1965, c. 163,
s. 5; 1971, c. 755, s. 11; 1979, 2nd Sess., c. 1195, s. 9; 1989
(Reg. Sess., 1990), c. 892.)

90-44. Annual report of Board.
     Said Board shall, on or before the fifteenth day of February
in each year, make an annual report as of the thirty-first day of
December of the year preceding, of its proceedings, showing
therein the examinations given, the fees received, the expenses
incurred, the hearings conducted and the result thereof, which
said report shall be filed with the Governor of the State of
North Carolina. (1935, c. 66, s. 15.)

90-45. Repealed by Session Laws 1967, c. 218, s. 4.

90-46. Filling prescriptions.
     Legally licensed druggists of this State may fill
prescriptions of dentists duly licensed by the North Carolina
State Board of Dental Examiners. (1935, c. 66, s. 17.)

90-47. Repealed by Session Laws 1979, 2nd Sess., c. 1195,
s. 13.


 90-48.  Rules and regulations of Board; violation a
misdemeanor.
     The North Carolina State Board of Dental Examiners shall be
and is hereby vested, as an agency of the State, with full power
and authority to enact rules and regulations governing the
practice of dentistry within the State, provided such rules and
regulations are not inconsistent with the provisions of this
Article.  Such rules and regulations shall become effective 30
days after passage, and the same may be proven, as evidence, by
the president and/or the secretary-treasurer of the Board, and/or
by certified copy under the hand and official seal of the
secretary-treasurer.  A certified copy of any rule or regulation
shall be receivable in all courts as prima facie evidence
thereof if otherwise competent, and any person, firm, or
corporation violating any such rule, regulation, or bylaw shall
be guilty of a Class 2 misdemeanor, and each day that this
section is violated shall be considered a separate offense.
     The Board shall issue every two years to each licensed
dentist a compilation or supplement of the Dental Practice Act
and the Board rules and regulations, and upon written request
therefor by such licensed dentist, a directory of dentists.
(1935, c. 66, s. 19; 1957, c. 592, s. 6; 1971, c. 755, s. 12;
1993, c. 539, s. 620; 1994, Ex. Sess., c. 24, s. 14(c).)

90-48.1. Free choice by patient guaranteed.
     No agency of the State, county or municipality, nor any
commission or clinic, nor any board administering relief, social
security, health insurance or health service under the laws of
the State of North Carolina shall deny to the recipients or
beneficiaries of their aid or services the freedom to choose a
duly licensed dentist as the provider of care or services which
are within the scope of practice of the profession of dentistry
as defined in this Chapter. (1965, c. 1169, s. 3.)


 90-48.2.  Board agreements with special peer review
organizations for impaired dentists.
     (a)  The State Board of Dental Examiners may, under rules
adopted by the Board in compliance with Chapter 150B of the
General Statutes, enter into agreements with special impaired
dentist peer review organizations formed by the North Carolina
Dental Society.  The organizations shall be made up of Dental
Society members designated by the Society, the Board, and the
Dental School of the University of North Carolina.  Peer review
activities to be covered by such agreements shall include
investigation, review and evaluation of records, reports,
complaints, litigation, and other information about the practices
and practice patterns of dentists licensed by the Board, as such
matters may relate to impaired dentists.  Special impaired
dentist peer review organizations may include a statewide
supervisory committee and various regional and local components
or subgroups.
     (b)  Agreements authorized under this section shall include
provisions for the impaired dentist peer review organizations to
receive relevant information from the Board and other sources,
conduct any investigation, review, and evaluation in an
expeditious manner, provide assurance of confidentiality of
nonpublic information and of the peer review process, make
reports of investigations and evaluations to the Board, and to do
other related activities for operating and promoting a
coordinated and effective peer review process.  The agreements
shall include provisions assuring basic due process for dentists
that become involved.
     (c)  The impaired dentist peer review organizations that
enter into agreements with the Board shall establish and maintain
a program for impaired dentists licensed by the Board for the
purpose of identifying, reviewing and evaluating the ability of
those dentists to function as dentists, and to provide programs
for treatment and rehabilitation.  The Board may provide funds
for the administration of these impaired dentist peer review
programs.  The Board shall adopt rules to apply to the operation
of impaired dentist peer review programs, with provisions for:
definitions of impairment; guidelines for program elements;
procedures for receipt and use of information of suspected
impairment; procedures for intervention and referral;
arrangements for monitoring treatment, rehabilitation,
posttreatment support and performance; reports of individual
cases to the Board; periodic reporting of statistical
information; and assurance of confidentiality of nonpublic
information and of the peer review process.
     (d)  Upon investigation and review of a dentist licensed by
the Board, or upon receipt of a complaint or other information,
an impaired dentist peer review organization that enters into a
peer review agreement with the Board shall report immediately to
the Board detailed information about any dentist licensed by the
Board, if:
          (1)     The dentist constitutes an imminent danger to
the public or himself;
          (2)     The dentist refuses to cooperate with the
program, refuses to submit to treatment, or is still impaired
after treatment and exhibits professional incompetence; or
          (3)     It reasonably appears that there are other
grounds for disciplinary action.
     (e)  Impaired dentist peer review organizations operating
pursuant to this section shall have the same protections and
responsibilities as traditional State and local dental society
peer review committees under Article 2A of this Chapter.  In
addition, any confidential patient information and other
nonpublic information acquired, created, or used in good faith by
an impaired dentist peer review organization pursuant to this
section shall remain confidential and shall not be subject to
discovery or subpoena in a civil case.  No person participating
in good faith in an impaired dentist peer review program
developed under this section shall be required in a civil case to
disclose any information (including opinions, recommendations, or
evaluations) acquired or developed solely in the course of
participating in the program.
     (f)  Impaired dentist peer review activities conducted in
good faith pursuant to any program developed under this section
shall not be grounds for civil action under the laws of this
State, and the activities are deemed to be State directed and
sanctioned and shall constitute "State action" for the purposes
of application of antitrust laws. (1993, c. 420, s. 2.)

                           ARTICLE 2A.
               Dental Peer Review Protection Act.
 90-48.7.  Title.
     General Statutes 90-48.7 through G.S. 90-48.11 may be cited
as the "Dental Peer Review Protection Act." (1979, 2nd Sess., c.
1192, s. 1.)

90-48.8. Immunity of a member.
     No member of a dental peer review committee of a State or
local dental society shall be held liable in damages to any
person for any action taken or recommendation made within the
scope of the functions of that committee, except with regard to
Medicare and Medicaid charges or payments if the committee member
acts without malice and in reasonable belief that the action or
recommendation was warranted by the facts known to him after
reasonable effort to obtain the facts of the matter as to which
the action was taken or recommendation was made. (1979, 2nd
Sess., c. 1192, s. 1.)

90-48.9. Immunity of witnesses before dental peer review
committee.
     Notwithstanding any other provision of law, no person
providing information to any dental peer review committee or
organization shall be held, by reason of having provided such
information, to have violated any criminal law, or to be civilly
liable under any law unless:
  (1) The information is unrelated to the performance of the duty
     or function of the peer review committee or organization, or
       (2) The information is false, and the person providing the
         information knew, or had good reason to believe that the
         information was false. (1979, 2nd Sess., c. 1192, s. 1.)

90-48.10. Confidentiality of review organization's
proceedings and records.
     The proceedings and records of a dental review committee
except those concerning the investigation and consideration of
Medicare and Medicaid charges or payments, shall be held in
confidence and shall not be subject to discovery or introduction
into evidence in any civil action arising out of the matters
which are the subject of evaluation and review by the committee;
and no person who was in attendance at a meeting of the committee
shall be permitted or required to testify in any civil action as
to any evidence or other matters produced or presented during the
proceedings of the committee or as to any findings,
recommendations, evaluations, opinions, or other actions of the
committee or any members thereof, except with regard to Medicare
and Medicaid charges or payments: Provided, however, that
information, documents or records otherwise available from
original sources are not to be construed as immune from discovery
or use in any civil action merely because they were presented
during proceedings of a committee, nor should any person who
testifies before a committee or who is a member of a committee be
prevented from testifying as to matters within his knowledge, but
the witness shall not be asked about his testimony before a
committee or opinions formed by him as a result of the committee
hearings, except with regard to Medicare and Medicaid charges or
payments. (1979, 2nd Sess., c. 1192, s. 1.)

90-48.11. No limitation on previous privileges and
immunities.
     Nothing in this G.S. 90-48.7 through G.S. 90-48.11 shall be
deemed to annul, abridge, or limit in any manner any privileges
or immunities heretofore existing under the laws of this State.
(1979, 2nd Sess., c. 1192, s. 1.)
                                
                       ARTICLE 3. 

                                
       The Licensing of Mouth Hygienists to Teach 

                                
              and Practice Mouth Hygiene in 

                                
                  Public Institutions. 

                                

90-49 to 90-52. Repealed by Session Laws 1945, c. 639,
s. 14.


                       ARTICLE 4. 

                        Pharmacy. 

                  PART 1. Practice of Pharmacy.


90-53 to 90-75. Recodified as  90-85.2 to 90-85.26,
90-85.32 to 90-85.40.



90-76. Repealed by Session Laws 1979, c. 1017, s. 1,
effective January 1, 1980.
                PART 1A. Drug Product Selection.


90-76.1 to 90-76.5. Recodified as  90-85.27 to
90-85.31 pursuant to Session Laws 1981 (Regular Session, 1982),
c. 1188, s. 3, effective July 1, 1982.



90-76.6. Repealed by Session Laws 1981 (Regular Session,
1982), c. 1188, s. 4, effective July 1, 1982.
          PART 2. Dealing in Specific Drugs Regulated.


90-77 to 90-80.1. Repealed by Session Laws 1981 (Regular
Session, 1982), c. 1188, s. 5, effective July 1, 1982.



90-81 to 90-85. Repealed by Session Laws 1955, c. 1330,
s. 8.



90-85.1. Repealed by Session Laws 1981 (Regular Session,
1982), c. 1188, s. 5, effective July 1, 1982.
                       ARTICLE 4A. 

          North Carolina Pharmacy Practice Act. 


90-85.2. Legislative findings.
     The General Assembly of North Carolina finds that mandatory
licensure of all who engage in the practice of pharmacy is
necessary to insure minimum standards of competency and to
protect the public from those who might otherwise present a
danger to the public health, safety and welfare. (1981 (Reg.
Sess., 1982), c. 1188, s. 1.)


 90-85.3.  Definitions.
     (a)  "Administer" means the direct application of a drug to
the body of a patient by injection, inhalation, ingestion or
other means.
     (b)  "Board" means the North Carolina Board of Pharmacy.
     (c)  "Compounding" means taking two or more ingredients and
combining them into a dosage form of a drug, exclusive of
compounding by a drug manufacturer, distributor, or packer.
     (d)  "Deliver" means the actual, constructive or attempted
transfer of a drug, a device, or medical equipment from one
person to another.
     (e)  "Device" means an instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent or other similar
or related article including any component part or accessory,
whose label or labeling bears the statement "Caution: federal law
requires dispensing by or on the order of a physician." The term
does not include:
          (1)     Devices used in the normal course of treating
patients by health care facilities and agencies licensed under
Chapter 131E or Article 2 of Chapter 122C of the General
Statutes;
          (2)     Devices used or provided in the treatment of
patients by medical doctors, dentists, physical therapists,
occupational therapists, speech pathologists, optometrists,
chiropractors, podiatrists, and nurses licensed under Chapter 90
of the General Statutes, provided they do not dispense devices
used to administer or dispense drugs.
     (f)  "Dispense" means preparing and packaging a prescription
drug or device in a container and labeling the container with
information required by State and federal law. Filling or
refilling drug containers with prescription drugs for subsequent
use by a patient is "dispensing". Providing quantities of unit
dose prescription drugs for subsequent administration is
"dispensing".
     (g)  "Drug" means:
          (1)     Any article recognized as a drug in the United
States Pharmacopeia, or in any other drug compendium or any
supplement thereto, or an article recognized as a drug by the
United States Food and Drug Administration;
          (2)     Any article, other than food or devices,
intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals;
          (3)     Any article, other than food or devices,
intended to affect the structure or any function of the body of
man or other animals; and
          (4)     Any article intended for use as a component of
any articles specified in clause (1), (2) or (3) of this
subsection.
     (h)  "Emancipated minor" means any person under the age of
18 who is or has been married or who is or has been a parent; or
whose parents or guardians have surrendered their rights to the
minor's services and earnings as well as their right to custody
and control of the minor's person; or who has been emancipated by
an appropriate court order.
     (i)  "Health care provider" means any licensed health care
professional; any agent or employee of any health care
institution, health care insurer, health care professional
school; or a member of any allied health profession.
     (j)  "Label" means a display of written, printed or graphic
matter upon the immediate or outside container of any drug.
     (k)  "Labeling" means preparing and affixing a label to any
drug container, exclusive of labeling by a manufacturer, packer
or distributor of a nonprescription drug or a commercially
packaged prescription drug or device.
     (l)  "License" means a license to practice pharmacy
including a renewal license issued by the Board.
     (l1)  "Medical equipment" means any of the following items
that are intended for use by the consumer in the consumer's place
of residence:
          (1)     A device.
          (2)     Ambulation assistance equipment.
          (3)     Mobility equipment.
          (4)     Rehabilitation seating.
          (5)     Oxygen and respiratory care equipment.
          (6)     Rehabilitation environmental control equipment.
          (7)     Diagnostic equipment.
          (8)     A bed prescribed by a physician to treat or
alleviate a medical condition.
The term "medical equipment" does not include (i) medical
equipment used or dispensed in the normal course of treating
patients by or on behalf of home care agencies, hospitals, and
nursing facilities licensed under Chapter 131E of the General
Statutes or hospitals or agencies licensed under Article 2 of
Chapter 122C of the General Statutes; (ii) medical equipment used
or dispensed by professionals licensed under Chapters 90 or 93D
of the General Statutes, provided the professional is practicing
within the scope of that professional's practice act; (iii) upper
and lower extremity prosthetics and related orthotics; or (iv)
canes, crutches, walkers, and bathtub grab bars.
     (m)  "Permit" means a permit to operate a pharmacy, deliver
medical equipment, or dispense devices, including a renewal
license issued by the Board.
     (n)  "Person" means an individual, corporation, partnership,
association, unit of government, or other legal entity.
     (o)  "Person in loco parentis" means the person who has
assumed parental responsibilities for a child.
     (p)  "Pharmacist" means a person licensed under this Article
to practice pharmacy.
     (q)  "Pharmacy" means any place where prescription drugs are
dispensed or compounded.
     (r)  "Practice of pharmacy" means the responsibility for:
interpreting and evaluating drug orders, including prescription
orders; compounding, dispensing and labeling prescription drugs
and devices; properly and safely storing drugs and devices;
maintaining proper records; and controlling pharmacy goods and
services. A pharmacist may advise and educate patients and health
care providers concerning therapeutic values, content, uses and
significant problems of drugs and devices; assess, record and
report adverse drug and device reactions; take and record patient
histories relating to drug and device therapy; monitor, record
and report drug therapy and device usage; perform drug
utilization reviews; and participate in drug and drug source
selection and device and device source selection as provided in
G.S. 90-85.27 through G.S. 90-85.31. A pharmacist who has
received special training may be authorized and permitted to
administer drugs pursuant to a specific prescription order in
accordance with rules and regulations adopted by each of the
Boards of Pharmacy, the Board of Nursing, and the North Carolina
Medical Board. Such rules and regulations shall be designed to
ensure the safety and health of the patients for whom such drugs
are administered.
     (s)  "Prescription drug" means a drug that under federal law
is required, prior to being dispensed or delivered, to be labeled
with the following statement:
     "Caution: Federal law prohibits dispensing without
prescription."
     (t)  "Prescription order" means a written or verbal order
for a prescription drug, prescription device, or pharmaceutical
service from a person authorized by law to prescribe such drug,
device, or service. A prescription order includes an order
entered in a chart or other medical record of a patient.
     (u)  "Unit dose medication system" means a system in which
each dose of medication is individually packaged in a properly
sealed and properly labeled container. (1981 (Reg. Sess., 1982),
c. 1188, s. 1; 1983, c. 196, ss. 1-3; 1991, c. 578, s. 1; 1993
(Reg. Sess., 1994), c. 692, s. 2; 1995, c. 94, s. 24.)

90-85.4. North Carolina Pharmaceutical Association.
     The North Carolina Pharmaceutical Association, and the
persons composing it, shall continue to be a body politic and
corporate under the name and style of the North Carolina
Pharmaceutical Association, and by that name have the right to
sue and be sued, to plead and be impleaded, to purchase and hold
real estate and grant the same, to have and to use a common seal,
and to do any other things and perform any other acts as
appertain to bodies corporate and politic not inconsistent with
the Constitution and laws of the State. (1881, c. 355, s. 1;
Code, s. 3135; Rev., s. 4471; C.S., s. 6650; 1981 (Reg. Sess.,
1982), c. 1188, s. 1.)

 90-85.5. Objective of Pharmaceutical Association.
     The objective of the Association is to unite the pharmacists
of this State for mutual aid, encouragement, and improvement; to
encourage scientific research, develop pharmaceutical talent and
to elevate the standard of professional thought. (1881, c. 355,
s. 2; Code, s. 3136; Rev., s. 4472; C.S., s. 6651; 1981 (Reg.
Sess., 1982), c. 1188, s. 1; 1991, c. 125, s. 1.)


 90-85.6.  Board of Pharmacy; creation;
membership; qualification of members.
     (a)  Creation. -- The responsibility for enforcing the
provisions of this Article and the laws pertaining to the
distribution and use of drugs is vested in the Board. The Board
shall adopt reasonable rules for the performance of its duties.
The Board shall have all of the duties, powers and authorities
specifically granted by and necessary for the enforcement of this
Article, as well as any other duties, powers and authorities that
may be granted from time to time by other appropriate statutes.
The Board may establish a program for the purpose of aiding in
the recovery and rehabilitation of pharmacists who have become
addicted to controlled substances or alcohol, and the Board may
use money collected as fees to fund such a program.
     (b)  Membership. -- The Board shall consist of six members,
one of whom shall be a representative of the public, and the
remainder of whom shall be pharmacists.
     (c)  Qualifications. -- The public member of the Board shall
not be a health care provider or the spouse of a health care
provider. He shall not be enrolled in a program to prepare him to
be a health care provider. The public member of the Board shall
be a resident of this State at the time of his appointment and
while serving as a Board member. The pharmacist members of the
Board shall be residents of this State at the time of their
appointment and while serving as Board members. (1905, c. 108,
ss. 5-7, 9; Rev., ss. 4473, 4475; 1907, c. 113, s. 1; C.S., ss.
6652, 6654; 1945, c. 572, s. 1; 1981, c. 717, s. 1; 1981 (Reg.
Sess., 1982), c. 1188, s. 1; 1997-177, s. 1.)

 90-85.7.  Board of Pharmacy; selection;
vacancies; commission; term; per diem; removal.
     (a)  The Board of Pharmacy shall consist of six persons.
Five of the members shall be licensed as pharmacists within this
State and shall be elected and commissioned by the Governor as
hereinafter provided.  Pharmacist members shall be chosen in an
election held as hereinafter provided in which every person
licensed to practice pharmacy in North Carolina and residing in
North Carolina shall be entitled to vote.  Each pharmacist member
of said Board shall be elected for a term of five years and until
his successor shall be elected and shall qualify.  Members chosen
by election under this section shall be elected upon the
expiration of the respective terms of the members of the present
Board of Pharmacy.  No pharmacist shall be nominated for
membership on said Board, or shall be elected to membership on
said Board, unless, at the time of such nomination, and at the
time of such election, he is licensed to practice pharmacy in
North Carolina.  In case of death, resignation or removal from
the State of any pharmacist member of said Board, the pharmacist
members of the Board shall elect in his place a pharmacist who
meets the criteria set forth in this section to fill the
unexpired term.
     One member of the Board shall be a person who is not a
pharmacist and who represents the interest of the public at
large.  The Governor shall appoint this member.
     All Board members serving on June 30, 1989, shall be
eligible to complete their respective terms.  No member appointed
or elected to a term on or after July 1, 1989, shall serve more
than two complete consecutive five-year terms.  The Governor may
remove any member appointed by him for good cause shown and may
appoint persons to fill unexpired terms of members appointed by
him.
     It shall be the duty of a member of the Board of Pharmacy,
within 10 days after receipt of notification of his appointment
and commission, to appear before the clerk of the superior court
of the county in which he resides and take and subscribe an oath
to properly and faithfully discharge the duties of his office
according to law.
     (b)  All nominations and elections of pharmacist members of
the Board shall be conducted by the Board of Pharmacy, which is
hereby constituted a Board of Pharmacy Elections.  Every
pharmacist with a current North Carolina license residing in this
State shall be eligible to vote in all elections.  The list of
pharmacists shall constitute the registration list for elections.
The Board of Pharmacy Elections is authorized to make rules and
regulations relative to the conduct of these elections, provided
such rules and regulations are not in conflict with the
provisions of this section and provided that notice shall be
given to all pharmacists residing in North Carolina.  All such
rules and regulations shall be adopted subject to the procedures
of Chapter 150B of the General Statutes of North Carolina.  From
any decision of the Board of Pharmacy Elections relative to the
conduct of such elections, appeal may be taken to the courts in
the manner otherwise provided by Chapter 150B of the General
Statutes.
     (c)  All rules, regulations, and bylaws of the North
Carolina Board of Pharmacy so far as they are not inconsistent
with the provisions of this Article, shall continue in effect.
     (d)  Notwithstanding G.S. 93B-5, Board members shall receive
as compensation for their services per diem not to exceed one
hundred dollars ($100.00) for each day during which they are
engaged in the official business of the Board. (1905, c. 108, ss.
5-7; Rev., s. 4473; C.S., s. 6652; 1981, c. 717, s. 1; 1981 (Reg.
Sess., 1982), c. 1188, s. 1; 1983, c. 196, s. 4; 1989, c. 118;
1989 (Reg. Sess., 1990), c. 825.)

90-85.8. Organization.
     The Board shall elect from its members a president, vice-
president, and other officers as it deems necessary. The officers
shall serve one-year terms and until their successors have been
elected and qualified. (1905, c. 108, s. 8; Rev., s. 4474; C.S.,
s. 6653; 1923, c. 82; 1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.9. Meetings.
     The Board shall meet at least twice annually for the purpose
of administering examinations and conducting other business. Four
Board members constitute a quorum. The Board shall keep a record
of its proceedings, a register of all licensed persons, and a
register of all persons to whom permits have been issued. The
Board shall report, in writing, annually to the Governor and the
presiding officer of each house of the General Assembly. (1905,
c. 108, s. 8; Rev., s. 4474; C.S., s. 6653; 1923, c. 82; 1981
(Reg. Sess., 1982), c. 1188, s. 1.)

90-85.10. Employees; Executive Director.
     The Board shall employ as Executive Director a pharmacist to
serve as a full-time employee of the Board. The Executive
Director  shall serve as secretary and treasurer of the Board and
shall perform  administrative functions as authorized by the
Board. The Board shall have the authority to employ other
personnel as it may deem necessary to carry out the requirements
of this Article. (1905, c. 108, s. 9; Rev., s. 4475; 1907, c.
113, s. 1; C.S., s. 6654; 1945, c. 572, s. 1;  1981 (Reg. Sess.,
1982), c. 1188, s. 1.)

90-85.11. Compensation of employees.
     The Board shall determine the compensation of its employees.
Employees shall be reimbursed for all necessary expenses incurred
in the performance of their official duties. (1981 (Reg. Sess.,
1982), c. 1188, s. 1.)

90-85.12. Executive Director to make investigations and
prosecute.
     (a) Upon receiving information concerning a violation of
this Article, the Executive Director shall promptly conduct an
investigation and if he finds evidence of the violation, he may
file a complaint and prosecute the offender in a Board hearing.
     (b) In all prosecutions of unlicensed persons for the
violation of  any of the provisions of this Article, a
certificate signed under oath by the Executive Director shall be
competent and admissible evidence in any court of this State that
the person is not licensed, as required by law. (1905, c. 108, s.
11; Rev., s. 4477; C.S., s. 6656; 1923, c. 74, s. 1; 1981 (Reg.
Sess., 1982), c. 1188, s. 1.)

90-85.13. Approval of schools and colleges of pharmacy.
     The Board shall approve schools and colleges of pharmacy
upon a finding that students successfully completing the course
of study offered by the school or college can reasonably be
expected to practice pharmacy safely and properly. (1981 (Reg.
Sess., 1982), c. 1188, s. 1.)

90-85.14. Practical experience program.
     The Board shall issue regulations governing a practical
experience program. These regulations shall assure that the
person successfully completing the program will have gained
practical experience that will enable him to safely and properly
practice pharmacy. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.15. Application and examination for licensure as a
pharmacist; prerequisites.
     (a) Any person who desires to be licensed as a pharmacist
shall file an application with the Executive Director on the form
furnished by the Board, verified under oath, setting forth the
applicant's name, age, the place at which and the time that he
has spent in the study of pharmacy, and his experience in
compounding and dispensing prescriptions under the supervision of
a pharmacist. The applicant shall also appear at a time and place
designated by the Board and submit to an examination as to his
qualifications for being licensed. The applicant must demonstrate
to the Board his physical and mental competency to practice
pharmacy.
     (b) On or after July 1, 1982, all applicants shall have
received an undergraduate degree from a school of pharmacy
approved by the Board. Applicants shall be required to have had
up to one year of experience, approved by the Board, under the
supervision of a pharmacist and shall pass the required
examination offered by the Board. Upon completing these
requirements and upon paying the required fee, the applicant
shall be licensed. (1905, c. 108, s. 13; Rev., ss. 4479, 4480;
1915, c. 165; C.S., s. 6658; 1921, c. 52; 1933, c. 206, ss. 1, 2;
1935, c. 181; 1937, c. 94; 1971, c. 481; 1981, c. 717, s. 4; 1981
(Reg. Sess., 1982), c. 1188, s. 1; 1983, c. 196, s. 5.)

90-85.16. Examination.
     The license examination shall be given by the Board at least
twice each year. The Board shall determine the subject matter of
each examination and the place, time and date for administering
the examination. The Board shall also determine which persons
have passed the examination. The examination shall be designed to
determine which applicants can reasonably be expected to safely
and properly practice pharmacy. (1905, c. 108, s. 13; Rev., ss.
4479, 4480; 1915, c. 165; C.S., s. 6658; 1921, c. 52; 1933, c.
206, ss. 1, 2; 1935, c. 181; 1937, c. 94; 1971, c. 481; 1981, c.
717, s. 4; 1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.17. License renewal.
     In accordance with Board regulations, each license to
practice pharmacy shall expire on December 31 and shall be
renewed annually by filing with the Board on or after December 1
an application for license renewal furnished by the Board,
accompanied by the required fee. It shall be unlawful to practice
pharmacy more than 60 days after the expiration date without
renewing the license. All licensees shall give the Board notice
of a change of mailing address or a change of place of employment
within 30 days after the change. The Board may require licensees
to obtain up to 10 hours of continuing education from
Board-approved providers as a condition of license renewal.
(1905, c. 108, ss. 18, 19, 27; Rev., ss. 3653, 4484; 1911, c. 48;
C.S., s. 6662; 1921, c. 68, s. 2; 1947, c. 781; 1953, c. 1051;
1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.18. Approval of continuing education programs.
     The Board shall approve providers of continuing education
programs upon finding that the provider is competent to and does
offer an educational experience designed to enable those who
successfully complete the program to more safely and properly
practice pharmacy. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.19. Reinstatement.
     Whenever a pharmacist who has not renewed his license for
five or more years seeks to renew or reinstate his license, he
must appear before the Board and submit evidence that he can
safely and properly practice pharmacy. (1981 (Reg. Sess., 1982),
c. 1188, s. 1.)

 90-85.20. Licensure without examination.
     (a) The Board may issue a license to practice pharmacy,
without examination, to any person who is licensed as a
pharmacist in another jurisdiction if the applicant shall present
satisfactory evidence of possessing the same qualifications as
are required of licensees in this State, that he was licensed by
examination in such other jurisdiction, and that the standard of
competence required by such other jurisdiction is substantially
equivalent to that of this State at that time. The Board must be
satisfied that a candidate for licensure has a satisfactory
understanding of the laws governing the practice of pharmacy and
distribution of drugs in this State.
     (b) Repealed by Session Laws 1991, c. 125, s. 2. (1905, c.
108, s. 16; Rev., s. 4482; C.S., s. 6660; 1945, c. 572, s. 2;
1971, c. 468; 1977, c. 598; 1981, c. 717, ss. 6, 7; 1981 (Reg.
Sess., 1982), c. 1188, s. 1; 1983, c. 196, ss. 6, 7; 1991, c.
125, s. 2.)


 90-85.21.  Pharmacy permit.
     (a)  In accordance with Board regulations, each pharmacy in
North Carolina shall annually register with the Board on a form
provided by the Board. The application shall identify the
pharmacist-manager of the pharmacy and all pharmacist personnel
employed in the pharmacy. All pharmacist-managers shall notify
the Board of any change in pharmacist personnel within 30 days of
such change.
     (b)  Each physician who dispenses prescription drugs, for a
fee or other charge, shall annually register with the Board on
the form provided by the Board, and with the licensing board
having jurisdiction over the physician. Such dispensing shall
comply in all respects with the relevant laws and regulations
that apply to pharmacists governing the distribution of drugs,
including packaging, labeling, and record keeping. Authority and
responsibility for disciplining physicians who fail to comply
with the provisions of this subsection are vested in the
licensing board having jurisdiction over the physician. The form
provided by the Board under this subsection shall be as follows:

                  Application For Registration
                     With The Pharmacy Board
                    As A Dispensing Physician

1.                                   2.
Name and Address of Dispensing     Affix Dispensing Label Here
Physician




3.  Physician's North Carolina License Number ...................

4.  Are you currently practicing in a professional association
registered with the North Carolina Medical Board?  .....Yes
.....No.  If yes, enter the name and registration number of the
professional corporation:



5.  I certify that the information is correct and complete.
                    ........................
...................
                    Signature               Date

(1927, c. 28, s. 1; 1953, c. 183, s. 2; 1981 (Reg. Sess., 1982),
c. 1188, s. 1; 1987, c. 687; 1995, c. 94, s. 25.)


 90-85.21A.  Applicability to out-of-state
operations.
     (a)  Any pharmacy operating outside the State which ships,
mails, or delivers in any manner a dispensed legend drug into
this State shall annually register with the Board on a form
provided by the Board.
     (b)  Any pharmacy subject to this section shall at all times
maintain a valid unexpired license, permit, or registration
necessary to conduct such pharmacy in compliance with the laws of
the state in which such pharmacy is located. No pharmacy
operating outside the State may ship, mail, or deliver in any
manner a dispensed legend drug into this State unless such drug
is lawfully dispensed by a licensed pharmacist in the state where
the pharmacy is located.
     (c)  The Board shall be entitled to charge and collect not
more than two hundred fifty dollars ($250.00) for original
registration of a pharmacy under this section, and for renewal
thereof, not more than one hundred twenty-five dollars ($125.00).
     (d)  The Board may deny a nonresident pharmacy registration
upon a determination that the pharmacy has a record of being
formally disciplined in its home state for violations that relate
to the compounding or dispensing of legend drugs and presents a
threat to the public health and safety.
     (e)  Except as otherwise provided in this subsection, the
Board may adopt rules to protect the public health and safety
that are necessary to implement this section. Notwithstanding
G.S. 90-85.6, the Board shall not adopt rules pertaining to the
shipment, mailing, or other manner of delivery of dispensed
legend drugs by pharmacies required to register under this
section that are more restrictive than federal statutes or
regulations governing the delivery of prescription medications by
mail or common carrier. A pharmacy required to register under
this section shall comply with rules adopted pursuant to this
section.
     (f)  The Board may deny, revoke, or suspend a nonresident
pharmacy registration for failure to comply with any requirement
of this section. (1993, c. 455, s. 1; 1998-212, s. 12.3B(b).)


 90-85.22.  Device and medical equipment
permits.
     (a)  Devices. -- Each place where devices are dispensed
shall register annually with the Board on a form provided by the
Board and obtain a device permit. A business that has a current
pharmacy permit does not have to register and obtain a device
permit. Records of devices dispensed in pharmacies or other
places shall be kept in accordance with rules adopted by the
Board.
     (b)  Medical Equipment. -- Each place that delivers medical
equipment to the user of the equipment shall register annually
with the Board on a form provided by the Board and obtain a
medical equipment permit. A business that has a current pharmacy
permit or a current device permit does not have to register and
obtain a medical equipment permit. Medical equipment shall be
delivered only in accordance with requirements established by
rules adopted by the Board. (1981 (Reg. Sess., 1982), c. 1188, s.
1; 1993 (Reg. Sess., 1994), c. 692, s. 1.)

90-85.23. License and permit to be displayed.
     Every pharmacist-manager's license, every permit, and every
current renewal shall be conspicuously posted in the place of
business owned by or employing the person to whom it is issued.
The licenses and every last renewal of all other pharmacists
employed in the pharmacy must be readily available for inspection
by agents of the Board. Failure to display any license or permit
and the most recent renewal shall be a violation of this Article
and each day that the license or permit or renewal is not
displayed shall be a separate and  distinct offense. (1905, c.
108, ss. 18, 26; Rev., ss. 3651, 4485; C.S., s. 6663; 1921, c.
68, s. 3; 1953, c. 1051; 1981 (Reg. Sess., 1982), c. 1188, s. 1.)


 90-85.24.  Fees collectible by Board.
     The Board of Pharmacy shall be entitled to charge and
collect not more than the following fees: for the examination of
an applicant for license as a pharmacist, one hundred sixty
dollars ($160.00) plus the cost of the test material; for
renewing the license as a pharmacist, one hundred ten dollars
($110.00); for renewing the license of an assistant pharmacist,
ten dollars ($10.00); for licenses without examination as
provided in G.S. 90-85.20, original, four hundred dollars
($400.00); for original registration of a pharmacy, three hundred
fifty dollars ($350.00), and renewal thereof, one hundred seventy-
five dollars ($175.00); for annual registration as a dispensing
physician under G.S. 90-85.21(b), fifty dollars ($50.00); for
annual registration as a dispensing physician assistant under
G.S. 90-18.1, fifty dollars ($50.00); for annual registration as
a dispensing nurse practitioner under G.S. 90-18.2, fifty dollars
($50.00); for registration of any change in pharmacist personnel
as required under G.S. 90-85.21(a), twenty-five dollars ($25.00);
for a duplicate of any license, permit, or registration issued by
the Board, twenty-five dollars ($25.00); for registration to
dispense devices, deliver medical equipment, or both, three
hundred dollars ($300.00) per year. All fees shall be paid before
any applicant may be admitted to examination or the applicant's
name may be placed upon the register of pharmacists or before any
license or permit, or any renewal thereof, may be issued by the
Board. (1905, c. 108, s. 12; Rev., s. 4478; C.S., s. 6657; 1921,
c. 57, s. 3; 1945, c. 572, s. 3; 1953, c. 183, s. 1; 1965, c.
676, s. 1; 1973, c. 1183; 1981, c. 72; c. 717, s. 3; 1981 (Reg.
Sess., 1982), c. 1188, s. 2; 1983, c. 196, s. 8; 1987, c. 260;
1987 (Reg. Sess., 1988), c. 1039, s. 4; 1993 (Reg. Sess., 1994),
c. 692, s. 3; 1997-231, s. 1.)


 90-85.25.  Disasters and emergencies.
     (a)  In the event of an occurrence which the Governor of the
State of North Carolina has declared a disaster or when the
Governor has declared a state of emergency, or in the event of an
occurrence for which a county or municipality has enacted an
ordinance to deal with states of emergency under G.S. 14-288.12,
14-288.13, or 14-288.14, or to protect the public health, safety,
or welfare of its citizens under G.S. 160A-174(a) or G.S. 153A-
121(a), as applicable, the Board may waive the requirements of
this Article in order to permit the provision of drugs, devices,
and professional services to the public.
     (b)  The pharmacist in charge of a pharmacy shall report
within 10 days to the Board any disaster, accident, theft, or
emergency which may affect the strength, purity, or labeling of
drugs and devices in the pharmacy.  (1981 Reg. Sess., 1982), c.
1188, s. 1; 1998-212, s. 12.3B(a).)

90-85.26. Prescription orders preserved.
     Every pharmacist-manager of a pharmacy shall maintain for at
least three years the original of every prescription order and
refill compounded or dispensed at the pharmacy except for
prescription orders recorded in a patient's medical record. An
automated data processing system may be used for the storage and
retrieval of refill  information for prescriptions pursuant to
the regulations of the Board. (1905, c. 108, s. 21; Rev., s.
4490; C.S., s. 6666; 1981 (Reg.  Sess., 1982), c. 1188, s. 1.)


 90-85.27.  Definitions.
     As used in G.S. 90-85.28 through G.S. 90-85.31:
          (1)     "Equivalent drug product" means a drug product
which has the same established name, active ingredient, strength,
quantity, and dosage form, and which is therapeutically
equivalent to the drug product identified in the prescription;
          (2)     "Established name" has the meaning given in
section 502(e)(3) of the Federal Food, Drug and Cosmetic Act, 21
U.S.C. 352(e)(3);
          (3)     "Good manufacturing practice" has the meaning
given it in Part 211 of Chapter 1 of Title 21 of the Code of
Federal Regulations;
          (4)     "Manufacturer" means the actual manufacturer of
the finished dosage form of the drug;
          (4a)     "Narrow therapeutic index drugs" means those
pharmaceuticals having a narrowly defined range between risk and
benefit. Such drugs have less than a twofold difference in the
minimum toxic concentration and minimum effective concentration
in the blood or are those drug product formulations that exhibit
limited or erratic absorption, formulation-dependent
bioavailability, and wide intrapatient pharmacokinetic
variability that requires blood-level monitoring. Drugs
identified as having narrow therapeutic indices shall be
designated by the North Carolina Secretary of Health and Human
Services upon the advice of the State Health Director, North
Carolina Board of Pharmacy, and North Carolina Medical Board, as
narrow therapeutic index drugs and shall be subject to the
provisions of G.S. 90-85.28(b1). The North Carolina Board of
Pharmacy shall submit the list of narrow therapeutic index drugs
to the Codifier of Rules, in a timely fashion for publication in
January of each year in the North Carolina Register.
          (5)     "Prescriber" means anyone authorized to
prescribe drugs pursuant to the laws of this State. (1979, c.
1017, s. 1; 1981 (Reg. Sess., 1982), c. 1188, s. 3; 1983, c. 196,
s. 9; 1997-76, s. 1; 1997-443, s. 11A.118(b).)


 90-85.28.  Selection by pharmacists
permissible; prescriber may permit or prohibit selection; price
limit on selected drugs.
     (a)  A pharmacist dispensing a prescription for a drug
product prescribed by its brand name may select any equivalent
drug product which meets the following standards:
          (1)     The manufacturer's name and the distributor's
name, if different from the manufacturer's name, shall appear on
the label of the stock package;
          (2)     It shall be manufactured in accordance with
current good manufacturing practices;
          (3)     Effective January 1, 1982, all oral solid
dosage forms shall have a logo, or other identification mark, or
the product name to identify the manufacturer or distributor;
          (4)     The manufacturer shall have adequate provisions
for drug recall; and
          (5)     The manufacturer shall have adequate provisions
for return of outdated drugs, through his distributor or
otherwise.
     (b)  The pharmacist shall not select an equivalent drug
product if the prescriber instructs otherwise by one of the
following methods:
          (1)     A prescription form shall be preprinted or
stamped with two signature lines at the bottom of the form which
read:
"
Product Selection Permitted     Dispense as Written"
               On this form, the prescriber shall communicate his
instructions to the pharmacist by signing the appropriate line.
          (2)     In the event the preprinted or stamped
prescription form specified in (b)(1) is not readily available,
the prescriber may handwrite "Dispense as Written" or words or
abbreviations of the same meaning on a prescription form.
          (3)     When ordering a prescription orally, the
prescriber shall specify either that the prescribed drug product
be dispensed as written or that product selection is permitted.
The pharmacist shall note the instructions on the file copy of
the prescription and retain the prescription form for the period
prescribed by law.
     (b1)  A prescription for a narrow therapeutic index drug
shall be refilled using only the same drug product by the same
manufacturer that the pharmacist last dispensed under the
prescription, unless the prescriber is notified by the pharmacist
prior to the dispensing of another manufacturer's product, and
the prescriber and the patient give documented consent to the
dispensing of the other manufacturer's product. For purposes of
this subsection, the term "refilled" shall include a new
prescription written at the expiration of a prescription which
continues the patient's therapy on a narrow therapeutic index
drug.
     (c)  The pharmacist shall not select an equivalent drug
product unless its price to the purchaser is less than the price
of the prescribed drug product. (1979, c. 1017, s. 1; 1981 (Reg.
Sess., 1982), c. 1188, s. 3; 1997-76, s. 2.)


 90-85.29.  Prescription label.
     The prescription label of every drug product dispensed shall
contain the brand name of any drug product dispensed, or in the
absence of a brand name, the established name.  The prescription
drug label of every drug product dispensed shall:
          (1)     Contain the discard date when dispensed in a
container other than the manufacturer's original container.  The
discard date shall be the earlier of one year from the date
dispensed or the manufacturer's expiration date, whichever is
earlier, and
          (2)     Not obscure the expiration date and storage
statement when the product is dispensed in the manufacturer's
original container.
As used in this section, "expiration date" means the expiration
date printed on the original manufacturer's container, and
"discard date" means the date after which the drug product
dispensed in a container other than the original manufacturer's
container shall not be used.  Nothing in this section shall
impose liability on the dispensing pharmacist or the prescriber
for damages related to or caused by a drug product that loses its
effectiveness prior to the expiration or disposal date displayed
by the pharmacist or prescriber. (1979, c. 1017, s. 1; 1981 (Reg.
Sess., 1982), c. 1188, s. 3; 1993, c. 529, s. 7.5.)

90-85.30. Prescription record.
     The pharmacy file copy of every prescription shall include
the brand or trade name, if any, or the established name and the
manufacturer of the drug product dispensed. (1979, c. 1017, s. 1;
1981 (Reg. Sess., 1982), c. 1188, s. 3.)

90-85.31. Prescriber and pharmacist liability not
extended.
     The selection of an equivalent drug product pursuant to this
Article shall impose no greater liability upon the pharmacist for
selecting the dispensed drug product or upon the prescriber of
the same than would be incurred by either for dispensing the drug
product specified in the prescription. (1979, c. 1017, s. 1; 1981
(Reg. Sess., 1982), c. 1188, s. 3.)


 90-85.32.  Rules pertaining to filling,
refilling, transfer, and mail or common-carrier delivery of
prescription orders.
     (a)  Except as otherwise provided in this section, the Board
may adopt rules governing the filling, refilling and transfer of
prescription orders not inconsistent with other provisions of law
regarding the distribution of drugs and devices. The rules shall
assure the safe and secure distribution of drugs and devices.
Prescriptions marked PRN shall not be refilled more than one year
after the date issued by the prescriber unless otherwise
specified.
     (b)  Notwithstanding G.S. 90-85.6, the Board shall not adopt
rules pertaining to the shipment, mailing, or other manner of
delivery of dispensed legend drugs that are more restrictive than
federal statutes or regulations governing the delivery of
prescription medications by mail or common carrier. (1981 (Reg.
Sess., 1982), c. 1188, s. 1; 1998-212, s. 12.3B(c).)

90-85.33. Unit dose medication systems.
     The Board may adopt regulations governing pharmacists
providing unit dose medication systems. The regulations shall
ensure the safe and proper distribution of drugs in the patient's
best health interests. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

90-85.34. Unique pharmacy practice.
     Consistent with the provisions of this Article, the Board
may regulate unique pharmacy practices including, but not limited
to,  nuclear pharmacy and clinical pharmacy, to ensure the best
interests of patient health and safety. (1981 (Reg. Sess., 1982),
c. 1188, s. 1.)


 90-85.34A.  Public health pharmacy
practice.
     (a)  A registered nurse in a local health department clinic
may dispense prescription drugs and devices, other than
controlled substances as defined in G.S. 90-87, under the
following conditions:
          (1)     The registered nurse has training acceptable to
the Board in the labeling and packaging of prescription drugs and
devices;
          (2)     Dispensing by the registered nurse shall occur
only at a local health department clinic;
          (3)     Only prescription drugs and devices contained
in a formulary recommended by the Department of Health and Human
Services and approved by the Board shall be dispensed;
          (4)     The local health department clinic shall obtain
a pharmacy permit in accordance with G.S. 90-85.21;
          (5)     Written procedures for the storage, packaging,
labeling and delivery of prescription drugs and devices shall be
approved by the Board; and
          (6)     The pharmacist-manager, or another pharmacist
at his direction, shall review dispensing records at least
weekly, provide consultation where appropriate, and be
responsible to the Board for all dispensing activity at the local
health department clinic.
     (b)  This section is applicable only to prescriptions issued
on behalf of persons receiving local health department clinic
services and issued by an individual authorized by law to
prescribe drugs and devices.
     (c)  This section does not affect the practice of nurse
practitioners pursuant to G.S. 90-18.2 or of physician assistants
pursuant to G.S. 90-18.1. (1985, c. 359; 1989 (Reg. Sess., 1990),
c. 1004, s. 2; 1997-443, s. 11A.22.)

90-85.35. Availability of patient records.
     Pharmacists employed in health care facilities shall have
access to patient records maintained by those facilities when
necessary for the pharmacist to provide pharmaceutical services.
The pharmacist shall make appropriate entries in patient records.
(1981 (Reg. Sess., 1982), c. 1188, s. 1.)

 90-85.36. Availability of pharmacy records.
     (a) Except as provided in subsections (b) and (c) below,
written prescription orders on file in a pharmacy or other place
where prescriptions are dispensed are not public records and any
person having custody of or access to the prescription orders may
divulge the contents or provide a copy only to the following
persons:
          (1)     An adult patient for whom the prescription was
issued or a person who is legally appointed guardian of that
person;
          (2)     An emancipated minor patient for whom the
prescription order was issued or a person who is the legally
appointed guardian of that patient;
          (3)     An unemancipated minor patient for whom the
prescription order was issued when the minor's consent is
sufficient to authorize treatment of the condition for which the
prescription was issued;
          (4)     A parent or person in loco parentis of
an unemancipated minor patient for whom the prescription order
was issued when the minor's consent is not sufficient to
authorize treatment for the condition for which the prescription
is issued;
          (5)     The licensed practitioner who issued the
prescription;
          (6)     The licensed practitioner who is treating the
patient for whom the prescription was issued;
          (7)     A pharmacist who is providing pharmacy services
to the patient for whom the prescription was issued;
          (8)     Anyone who presents a written authorization for
the release of pharmacy information signed by the patient or his
legal representative;
          (9)     Any person authorized by subpoena, court order
or statute;
          (10)     Any firm, association, partnership, business
trust, corporation or company charged by law or by contract with
the responsibility of providing for or paying for medical care
for the patient for whom the prescription order was issued;
          (11)     A member or designated employee of the Board;
          (12)     The executor, administrator or spouse of a
deceased patient for whom the prescription order was issued;
          (13)     Researchers and surveyors who have approval
from the Board. The Board shall issue this approval when it
determines that there are adequate safeguards to protect the
confidentiality of the information contained in the prescription
orders and that the researchers or surveyors will not publicly
disclose any information that identifies any person; or
          (14)     The person owning the pharmacy or his
authorized agent.
     (b) A pharmacist may disclose any information to any person
only when he reasonably determines that the disclosure is
necessary to protect the life or health of any person.
     (c) Records required to be kept by G.S. 90-93(d) (Schedule
V) are not public records and shall be disclosed at the
pharmacist's discretion. (1905, c. 108, s. 21; Rev., s. 4490;
C.S., s. 6666; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1991, c.
125, s. 3.)

90-85.37. Embargo.
     Notwithstanding any other provisions of law, whenever an
authorized representative of the Board has reasonable cause to
believe that any drug or device presents a danger to the public
health, he shall affix to the drug or device a notice that the
article is suspected of being dangerous to the public health and
warning all persons not to remove or dispose of the article.
Whenever an authorized representative of the Board has reasonable
cause to believe that any drug or device presents a danger to the
public health and that there are reasonable grounds to believe
that it might be disposed of pending a judicial resolution of the
matter, he shall seize the article and take it to a safe and
secure place. When an article has been embargoed under this
section, the Board shall, as soon as practical, file a petition
in Orange County District Court for a condemnation order for such
article. If the judge determines after hearing, that the article
is not dangerous to the public health, the Board shall direct the
immediate removal of the tag or other marking, and where
appropriate, shall direct that the article be returned to its
owner. If the judge finds the article is dangerous to the public
health, he shall order its destruction at the owner's expense and
under the Board's supervision. If the judge determines that the
article is dangerous to the public health, he shall order the
owner of the article to pay all court costs, reasonable
attorney's fees, storage fees, and all other costs incident to
the proceeding. (1981 (Reg. Sess., 1982), c. 1188, s. 1.)

 90-85.38.  Disciplinary authority.
     (a) The Board may, in accordance with Chapter 150B of the
General Statutes, issue a letter of reprimand or suspend,
restrict, revoke, or refuse to grant or renew a license to
practice pharmacy, or require licensees to successfully complete
remedial education if the licensee has:
          (1)     Made false representations or withheld material
information in connection with securing a license or permit;
          (2)     Been found guilty of or plead guilty or nolo
contendere to any felony in connection with the practice of
pharmacy or the distribution of drugs;
          (3)     Indulged in the use of drugs to an extent that
renders him unfit to practice pharmacy;
          (4)     Made false representations in connection with
the practice of pharmacy that endanger or are likely to endanger
the health or safety of the public, or that defraud any person;
          (5)     A physical or mental disability that renders
him unfit to practice pharmacy with reasonable skill, competence
and safety to the public;
          (6)     Failed to comply with the laws governing the
practice of pharmacy and the distribution of drugs;
          (7)     Failed to comply with the rules and regulations
of the Board;
          (8)     Engaged in, or aided and abetted an individual
to engage in, the practice of pharmacy without a license; or
          (9)     Was negligent in the practice of pharmacy.
     (b) The Board, in accordance with Chapter 150B of the
General Statutes, may suspend, revoke, or refuse to grant or
renew any permit for the same conduct as stated in subsection
(a).
     (c) Any license or permit obtained through false
representation or withholding of material information shall be
void and of no effect. (1905, c. 108, ss. 17, 25; Rev., s. 4483;
C.S., s. 6661; 1967, c. 807; 1973, c. 138; 1981, c. 412, s. 4; c.
717, s. 8; c. 747, s. 66; 1981 (Reg. Sess., 1982), c. 1188, s. 1;
1987, c. 827, s. 1.)

90-85.39. Injunctive authority.
     The Board may apply to any court for an injunction to
prevent violations of this Article or of any rules enacted
pursuant to it. The court is empowered to grant the injunctions
regardless of whether criminal prosecution or other action has
been or may be instituted as a result of the violation. (1981
(Reg. Sess., 1982), c. 1188, s. 1.)


 90-85.40.  Violations.
     (a)  It shall be unlawful for any owner or manager of a
pharmacy or other place to allow or cause anyone other than a
pharmacist to dispense or compound any prescription drug except
as an aide to and under supervision of a pharmacist.
     (b)  Every person lawfully authorized to compound or
dispense prescription drugs shall comply with all the laws and
regulations governing the labeling and packaging of such drugs by
pharmacists.
     (c)  It shall be unlawful for any person not licensed as a
pharmacist to compound or dispense any prescription drug, except
as an aide to and under the supervision of a pharmacist.
     (d)  It shall be unlawful for any person to manage any place
of business where devices are dispensed or sold at retail without
a permit as required by this Article.
     (d1)  It is unlawful for a person to own or manage a place
of business from which medical equipment is delivered without a
permit as required by this Article.
     (e)  It shall be unlawful for any person without legal
authorization to dispose of an article that has been embargoed
under this Article.
     (f)  It shall be unlawful to violate any provision of this
Article or of any rules or regulations enacted pursuant to it.
     (g)  This Article shall not be construed to prohibit any
person from performing an act that person is authorized to
perform pursuant to North Carolina law. Health care providers who
are authorized to prescribe drugs without supervision are
authorized to dispense drugs without supervision.
     (h)   A violation of this Article shall be a Class 1
misdemeanor. (1905, c. 108, ss. 4, 23, 24; Rev., ss. 3649, 3650,
4487; C.S., ss. 6667, 6668, 6669; 1921, c. 68, ss. 6, 7; Ex.
Sess. 1924, c. 116; 1953, c. 1051; 1957, c. 617; 1959, c. 1222;
1981 (Reg. Sess., 1982), c. 1188, s. 1; 1993, c. 539, s. 621;
1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c.
692, s. 4.)

                           ARTICLE 5.
            North Carolina Controlled Substances Act.
 90-86.  Title of Article.
     This Article shall be known and may be cited as the "North
Carolina Controlled Substances Act." (1971, c. 919, s. 1.)


 90-87.  Definitions.
     As used in this Article:
          (1)     "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means to the body of a patient or
research subject by:
               a.     A practitioner (or, in his presence, by his
authorized agent), or
               b.     The patient or research subject at the
direction and in the presence of the practitioner.
          (2)     "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser but does not include a common or contract carrier,
public warehouseman, or employee thereof.
          (3)     "Bureau" means the Bureau of Narcotics and
Dangerous Drugs, United States Department of Justice or its
successor agency.
          (3a)     "Commission" means the Commission for Mental
Health, Developmental Disabilities, and Substance Abuse Services
established under Part 4 of Article 3 of Chapter 143B of the
General Statutes.
          (4)     "Control" means to add, remove, or change the
placement of a drug, substance, or immediate precursor included
in Schedules I through VI of this Article.
          (5)     "Controlled substance" means a drug, substance,
or immediate precursor included in Schedules I through VI of this
Article.
          (6)     "Counterfeit controlled substance" means:
               a.     A controlled substance which, or the
container or labeling of which, without authorization, bears the
trademark, trade name, or other identifying mark, imprint,
number, or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person or persons who in
fact manufactured, distributed, or dispensed such substance and
which thereby falsely purports, or is represented to be the
product of, or to have been distributed by, such other
manufacturer, distributor, or dispenser; or
               b.     Any substance which is by any means
intentionally represented as a controlled substance. It is
evidence that the substance has been intentionally misrepresented
as a controlled substance if the following factors are
established:
                    1.     The substance was packaged or
delivered in a manner normally used for the illegal delivery of
controlled substances.
                    2.     Money or other valuable property has
been exchanged or requested for the substance, and the amount of
that consideration was substantially in excess of the reasonable
value of the substance.
                    3.     The physical appearance of the
tablets, capsules or other finished product containing the
substance is substantially identical to a specified controlled
substance.
          (7)     "Deliver" or "delivery" means the actual
constructive, or attempted transfer from one person to another of
a controlled substance, whether or not there is an agency
relationship.
          (8)     "Dispense" means to deliver a controlled
substance to an ultimate user or research subject by or pursuant
to the lawful order of a practitioner, including the prescribing,
administering, packaging, labeling, or compounding necessary to
prepare the substance for that delivery.
          (9)     "Dispenser" means a practitioner who dispenses.
          (10)     "Distribute" means to deliver other than by
administering or dispensing a controlled substance.
          (11)     "Distributor" means a person who distributes.
          (12)     "Drug" means a. substances recognized in the
official United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; b. substances
intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in man or other animals; c. substances
(other than food) intended to affect the structure or any
function of the body of man or other animals; and d. substances
intended for use as a component of any article specified in a, b,
or c of this subdivision; but does not include devices or their
components, parts, or accessories.
          (13)     "Drug dependent person" means a person who is
using a controlled substance and who is in a state of psychic or
physical dependence, or both, arising from use of that controlled
substance on a continuous basis. Drug dependence is characterized
by behavioral and other responses which include a strong
compulsion to take the substance on a continuous basis in order
to experience its psychic effects, or to avoid the discomfort of
its absence.
          (14)     "Immediate precursor" means a substance which
the Commission has found to be and by regulation designates as
being the principal compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance,
the control of which is necessary to prevent, curtail, or limit
such manufacture.
          (14a)     The term "isomer" means, except as used in
G.S. 90-87(17)(d), G.S. 90-89(c), G.S. 90-90(a)(4), and G.S. 90-
95(h)(3), the optical isomer. As used in G.S. 90-89(c) the term
"isomer" means the optical, position, or geometric isomer. As
used in G.S. 90-87(17)(d), G.S. 90-90(a)(4), and G.S. 90-95(h)(3)
the term "isomer" means the optical isomer or diastereoisomer.
          (15)     "Manufacture" means the production,
preparation, propagation, compounding, conversion, or processing
of a controlled substance by any means, whether directly or
indirectly, artificially or naturally, or by extraction from
substances of a natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis; and "manufacture" further includes any
packaging or repackaging of the substance or labeling or
relabeling of its container except that this term does not
include the preparation or compounding of a controlled substance
by an individual for his own use or the preparation, compounding,
packaging, or labeling of a controlled substance:
               a.     By a practitioner as an incident to his
administering or dispensing of a controlled substance in the
course of his professional practice, or
               b.     By a practitioner, or by his authorized
agent under his supervision, for the purpose of, or as an
incident to research, teaching, or chemical analysis and not for
sale.
          (16)     "Marijuana" means all parts of the plant of
the genus Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or preparation
of such plant, its seeds or resin, but shall not include the
mature stalks of such plant, fiber produced from such stalks,
oil, or cake made from the seeds of such plant, any other
compound, manufacture, salt, derivative, mixture, or preparation
of such mature stalks (except the resin extracted therefrom),
fiber, oil, or cake, or the sterilized seed of such plant which
is incapable of germination.
          (17)     "Narcotic drug" means any of the following,
whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis:
               a.     Opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate.
               b.     Any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or identical
with any of the substances referred to in clause a, but not
including the isoquinoline alkaloids of opium.
               c.     Opium poppy and poppy straw.
               d.     Cocaine and any salt, isomer, salts of
isomers, compound, derivative, or preparation thereof, or coca
leaves and any salt, isomer, salts of isomers, compound,
derivative or preparation of coca leaves, or any salt, isomer,
salts of isomers, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these
substances, except that the substances shall not include
decocanized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine.
          (18)     "Opiate" means any substance having an
addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not
include, unless specifically designated as controlled under G.S.
90-88, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan
and its salts (dextromethorphan). It does include its racemic and
levorotatory forms.
          (19)     "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds.
          (20)     "Person" means individual, corporation,
government or governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
          (21)     "Poppy straw" means all parts, except the
seeds, of the opium poppy, after mowing.
          (22)     "Practitioner" means:
               a.     A physician, dentist, optometrist,
veterinarian, scientific investigator, or other person licensed,
registered or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled
substance so long as such activity is within the normal course of
professional practice or research in this State.
               b.     A pharmacy, hospital or other institution
licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or to administer a
controlled substance so long as such activity is within the
normal course of professional practice or research in this State.
          (23)     "Prescription" means:
               a.     A written order or other order which is
promptly reduced to writing for a controlled substance as defined
in this Article, or for a preparation, combination, or mixture
thereof, issued by a practitioner who is licensed in this State
to administer or prescribe drugs in the course of his
professional practice; or issued by a practitioner serving on
active duty with the armed forces of the United States or the
United States Veterans Administration who is licensed in this or
another state or Puerto Rico, provided the order is written for
the benefit of eligible beneficiaries of armed services medical
care; a prescription does not include an order entered in a chart
or other medical record of a patient by a practitioner for the
administration of a drug; or
               b.     A drug or preparation, or combination, or
mixture thereof furnished pursuant to a prescription order.
          (24)     "Production" includes the manufacture,
planting, cultivation, growing, or harvesting of a controlled
substance.
          (25)     "Registrant" means a person registered by the
Commission to manufacture, distribute, or dispense any controlled
substance as required by this Article.
          (26)     "State" means the State of North Carolina.
          (27)     "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use, or for the use
of a member of his household, or for administration to an animal
owned by him or by a member of his household. (1971, c. 919, s.
1; 1973, c. 476, s. 128; c. 540, ss. 2-4; c. 1358, ss. 1, 15;
1977, c. 482, s. 6; 1981, c. 51, ss. 8, 9; c. 75, s. 1; c. 732;
1985, c. 491; 1987, c. 105, ss. 1, 2; 1991 (Reg. Sess., 1992), c.
1030, s. 21.)


 90-88.  Authority to control.
     (a)  The Commission may add, delete, or reschedule
substances within Schedules I through VI of this Article on the
petition of any interested party, or its own motion. In every
case the Commission shall give notice of and hold a public
hearing pursuant to Chapter 150B of the General Statutes prior to
adding, deleting or rescheduling a controlled substance within
Schedules I through VI of this Article, except as provided in
subsection (d) of this section. A petition by the Commission, the
North Carolina Department of Justice, or the North Carolina Board
of Pharmacy to add, delete, or reschedule a controlled substance
within Schedules I through VI of this Article shall be placed on
the agenda, for consideration, at the next regularly scheduled
meeting of the Commission, as a matter of right.
     (a1)  In making a determination regarding a substance, the
Commission shall consider the following:
          (1)     The actual or relative potential for abuse;
          (2)     The scientific evidence of its pharmacological
effect, if known;
          (3)     The state of current scientific knowledge
regarding the substance;
          (4)     The history and current pattern of abuse;
          (5)     The scope, duration, and significance of abuse;
          (6)     The risk to the public health;
          (7)     The potential of the substance to produce
psychic or physiological dependence liability; and
          (8)     Whether the substance is an immediate precursor
of a substance already controlled under this Article.
     (b)  After considering the required factors, the Commission
shall make findings with respect thereto and shall issue an order
adding, deleting or rescheduling the substance within Schedules I
through VI of this Article.
     (c)  If the Commission designates a substance as an
immediate precursor, substances which are precursors of the
controlled precursor shall not be subject to control solely
because they are precursors of the controlled precursor.
     (d)  If any substance is designated, rescheduled or deleted
as a controlled substance under federal law, the Commission shall
similarly control or cease control of, the substance under this
Article unless the Commission objects to such inclusion. The
Commission, at its next regularly scheduled meeting that takes
places [place] 30 days after publication in the Federal Register
of a final order scheduling a substance, shall determine either
to adopt a rule to similarly control the substance under this
Article or to object to such action. No rule-making notice or
hearing as specified by G.S. [Chapter] 150B is required if the
Commission makes a decision to similarly control a substance, but
any rule so adopted shall be filed pursuant to Article 5 of
Chapter 150B. However, if the Commission makes a decision to
object to adoption of the federal action, it shall initiate rule-
making procedures pursuant to G.S. [Chapter] 150B within 180 days
of its decision to object.
     (e)  The Commission shall exclude any nonnarcotic substance
from the provisions of this Article if such substance may, under
the federal Food, Drug and Cosmetic Act, lawfully be sold over-
the-counter without prescription.
     (f)  Authority to control under this Article does not
include distilled spirits, wine, malt beverages, or tobacco.
     (g)  The Commission shall similarly exempt from the
provisions of this Article any chemical agents and diagnostic
reagents not intended for administration to humans or other
animals, containing controlled substances which either (i)
contain additional adulterant or denaturing agents so that the
resulting mixture has no significant abuse potential, or (ii) are
packaged in such a form or concentration that the particular form
as packaged has no significant abuse potential, where such
substance was exempted by the Federal Bureau of Narcotics and
Dangerous Drugs.
     (h)  Repealed by Session Laws 1987, c. 413, s. 4.
     (i)  The North Carolina Department of Health and Human
Services shall maintain a list of all preparations, compounds, or
mixtures which are excluded, exempted and excepted from control
under any schedule of this Article by the United States Drug
Enforcement Administration and/or the Commission. This list and
any changes to this list shall be mailed to the North Carolina
Board of Pharmacy, the State Bureau of Investigation and each
district attorney of this State. (1971, c. 919, s. 1; 1973, c.
476, s. 128; cc. 524, 541; c. 1358, ss. 2, 3, 15; 1977, c. 667,
s. 3; 1981, c. 51, s. 9; 1987, c. 413, ss. 1-4; 1989, c. 770, s.
16; 1997-443, s. 11A.118(a).)


 90-89.  Schedule I controlled substances.
     This schedule includes the controlled substances listed or
to be listed by whatever official name, common or usual name,
chemical name, or trade name designated. In determining that a
substance comes within this schedule, the Commission shall find:
a high potential for abuse, no currently accepted medical use in
the United States, or a lack of accepted safety for use in
treatment under medical supervision. The following controlled
substances are included in this schedule:
          (1)     Any of the following opiates, including the
isomers, esters, ethers, salts and salts of isomers, esters, and
ethers, unless specifically excepted, or listed in another
schedule, whenever the existence of such isomers, esters, ethers,
and salts is possible within the specific chemical designation:
               a.     Acetyl-alpha-methylfentanyl (N[1-(1-methyl-
2-phenethyl)-4-piperidinyl]-N-phenylacetamide).
               b.     Acetylmethadol.
               c.     Repealed by Session Laws 1987, c. 412, s.
2.
               d.     Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide).
               e.     Allylprodine.
               f.     Alphacetylmethadol.
               g.     Alphameprodine.
               h.     Alphamethadol.
               i.     Alpha-methylfentanyl (N-(1-(alpha-methyl-
beta-phenyl) ethyl-4-piperidyl) propionalilide; 1(1-methyl-2-
phenyl-ethyl)-4-(N-propanilido) piperidine).
               j.     Benzethidine.
               k.     Betacetylmethadol.
               l.     Beta-hydroxfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl]-N-phenylpropanamide).
               m.     Beta-hydroxy-3-methylfentanyl (N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide).
               n.     Betameprodine.
               o.     Betamethadol.
               p.     Betaprodine.
               q.     Clonitazene.
               r.     Dextromoramide.
               s.     Diampromide.
               t.     Diethylthiambutene.
               u.     Difenoxin.
               v.     Dimenoxadol.
               w.     Dimepheptanol.
               x.     Dimethylthiambutene.
               y.     Dioxaphetyl butyrate.
               z.     Dipipanone.
               aa.     Ethylmethylthiambutene.
               bb.     Etonitazene.
               cc.     Etoxeridine.
               dd.     Furethidine.
               ee.     Hydroxypethidine.
               ff.     Ketobemidone.
               gg.     Levomoramide.
               hh.     Levophenacylmorphan.
               ii.     1-methyl-4-phenyl-4-propionoxypiperidine
(MPPP).
               jj.     3-Methylfentanyl (N-[3-methyl-1-(2-
Phenylethyl)-4-Pi- peridyl]-N-Phenylpropanamide).
               k.     3-Methylthiofentanyl (N-[(3-methyl-1-(2-
thienyl)-ethyl-4-piperidinyl]-N-phenylpropanamide).
               ll.     Morpheridine.
               mm.     Noracymethadol.
               nn.     Norlevorphanol.
               oo.     Normethadone.
               pp.     Norpipanone.
               qq.     Para-fluorofentanyl (N-(4-fluorophenyl)-N-
[1-(2-phenethyl)-4-piperidinyl]-propanamide.
               rr.     Phenadoxone.
               ss.     Phenampromide.
               tt.     1-(2-phenethyl)-4-phenyl-4-
acetoxypiperidine (PEPAP).
               uu.     Phenomorphan.
               vv.     Phenoperidine.
               ww.     Piritramide.
               xx.     Proheptazine.
               yy.     Properidine.
               zz.     Propiram.
               aaa.     Racemoramide.
               bbb.     Thiofentanyl (N-phenyl-N-[1-(2-
thienyl)ethyl-4-piperidinyl]-propanamide.
               ccc.     Tilidine.
               ddd.     Trimeperidine.
          (2)     Any of the following opium derivatives,
including their salts, isomers, and salts of isomers, unless
specifically excepted, or listed in another schedule, whenever
the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
               a.     Acetorphine.
               b.     Acetyldihydrocodeine.
               c.     Benzylmorphine.
               d.     Codeine methylbromide.
               e.     Codeine-N-Oxide.
               f.     Cyprenorphine.
               g.     Desomorphine.
               h.     Dihydromorphine.
               i.     Etorphine (except hydrochloride salt).
               j.     Heroin.
               k.     Hydromorphinol.
               l.     Methyldesorphine.
               m.     Methyldihydromorphine.
               n.     Morphine methylbromide.
               o.     Morphine methylsulfonate.
               p.     Morphine-N-Oxide.
               q.     Myrophine.
               r.     Nicocodeine.
               s.     Nicomorphine.
               t.     Normorphine.
               u.     Pholcodine.
               v.     Thebacon.
               w.     Drotebanol.
          (3)     Any material, compound, mixture, or preparation
which contains any quantity of the following hallucinogenic
substances, including their salts, isomers, and salts of isomers,
unless specifically excepted, or listed in another schedule,
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
               a.     3, 4-methylenedioxyamphetamine.
               b.     5-methoxy-3, 4-methylenedioxyamphetamine.
               c.     3, 4-Methylenedioxymethamphetamine (MDMA).
               d.     3,4-methylenedioxy-N-ethylamphetamine (also
known as N-ethyl-alpha-methyl-3,4-(methylenedioxy)phenethylamine,
N-ethyl MDA, MDE, and MDEA).
               e.     N-hydroxy-3,4-methylenedioxyamphetamine
(also known as N-hydroxy-alpha-methyl-3,4-
(methylenedioxy)phenethylamine, and N-hydroxy MDA).
               f.     3, 4, 5-trimethoxyamphetamine.
               g.     Alpha-ethyltryptamine. Some trade or other
names: etryptamine, Monase, alpha-ethyl-1H-indole-3-ethanamine, 3-
(2-aminobutyl) indole, alpha-ET, and AET.
               h.     Bufotenine.
               i.     Diethyltryptamine.
               j.     Dimethyltryptamine.
               k.     4-methyl-2, 5-dimethoxyamphetamine.
               l.     Ibogaine.
               m.     Lysergic acid diethylamide.
               n.     Mescaline.
               o.     Peyote, meaning all parts of the plant
presently classified botanically as Lophophora Williamsii
Lemaire, whether growing or not; the seeds thereof; any extract
from any part of such plant; and every compound, manufacture,
salt, derivative, mixture or preparation of such plant, its seed
or extracts.
               p.     N-ethyl-3-piperidyl benzilate.
               q.     N-methyl-3-piperidyl benzilate.
               r.     Psilocybin.
               s.     Psilocin.
               t.     2, 5-dimethoxyamphetamine.
               u.     2, 5-dimethoxy-4-ethylamphetamine. Some
trade or other names: DOET.
               v.     4-bromo-2, 5-dimethoxyamphetamine.
               w.     4-methoxyamphetamine.
               x.     Ethylamine analog of phencyclidine. Some
trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-
phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE.
               y.     Pyrrolidine analog of phencyclidine. Some
trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy,
PHP.
               z.     Thiophene analog of phencyclidine. Some
trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-
thienyl analog of phencyclidine, TPCP, TCP.
               aa.     1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
Some other names: TCPy.
               bb.     Parahexyl.
          (4)     Any material compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation, unless specifically excepted or
unless listed in another schedule:
               a.     Mecloqualone.
               b.     Methaqualone.
          (5)     Stimulants. -- Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including its salts, isomers, and salts of
isomers:
               a.     Aminorex. Some trade or other names:
aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-
phenly-2-oxazolamine.
               b.     Cathinone. Some trade or other names: 2-
amino-1-phenyl-1-propanone, alpha-aminopropiophenone,  2-
aminopropiophenone, and norephedrone.
               c.     Fenethylline.
               d.     Methcathinone. Some trade or other names: 2-
(methylamino)-propiophenone, alpha- (methylamino)propiophenone, 2-
(methylamino)-1- phenylpropan-1-one, alpha-N-
methylaminopropiophenone, monomethylproprion, ephedrone, N-
methylcathinone, methylcathinone, AL-464, AL-422, AL-463, and
UR1432.
               e.     (+/-)cis-4-methylaminorex [(+/-)cis-4,5-
dihydro-4-methyl-5-phenyl-2-oxazolamine]  (also known as 2-amino-
4-methyl-5-phenyl-2-oxazoline).
               f.     N,N-dimethylamphetamine. Some other names:
N,N,alpha-trimethylbenzeneethaneamine; N,N,alpha-
trimethylphenethylamine.
               g.     N-ethylamphetamine. (1971, c. 919, s. 1;
1973, c. 476, s. 128; c. 844; c. 1358, ss. 4, 5, 15; 1975, c.
443, s. 1; c. 790; 1977, c. 667, s. 3; c. 891, s. 1; 1979, c.
434, s. 1; 1981, c. 51, s. 9; 1983, c. 695, s. 1; 1985, c. 172,
ss. 1-3; 1987, c. 412, ss. 1-5; 1989 (Reg. Sess., 1990), c. 1040,
s. 1; 1993, c. 319, ss. 1, 2; 1995, c. 186, ss. 2, 3; 1997-456,
ss. 12, 27.)


 90-90.  Schedule II controlled substances.
     This schedule includes the controlled substances listed or
to be listed by whatever official name, common or usual name,
chemical name, or trade name designated. In determining that a
substance comes within this schedule, the Commission shall find:
a high potential for abuse; currently accepted medical use in the
United States, or currently accepted medical use with severe
restrictions; and the abuse of the substance may lead to severe
psychic or physical dependence. The following controlled
substances are included in this schedule:
          (1)     Any of the following substances whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, unless specifically excepted or unless listed in
another schedule:
               a.     Opium and opiate, and any salt, compound,
derivative, or preparation of opium and opiate, excluding
apomorphine, thebaine derived butorphanol, nalbuphine,
dextrorphan, naloxone, naltrexone and nalmefene, and their
respective salts, but including the following:
                    1.     Raw opium.
                    2.     Opium extracts.
                    3.     Opium fluid extracts.
                    4.     Powdered opium.
                    5.     Granulated opium.
                    6.     Tincture of opium.
                    7.     Codeine.
                    8.     Ethylmorphine.
                    9.     Etorphine hydrochloride.
                    10.     Hydrocodone.
                    11.     Hydromorphone.
                    12.     Metopon.
                    13.     Morphine.
                    14.     Oxycodone.
                    15.     Oxymorphone.
                    16.     Thebaine.
               b.     Any salt, compound, derivative, or
preparation thereof which is chemically equivalent or identical
with any of the substances referred to in paragraph 1 of this
subdivision, except that these substances shall not include the
isoquinoline alkaloids of opium.
               c.     Opium poppy and poppy straw.
               d.     Cocaine and any salt, isomer, salts of
isomers, compound, derivative, or preparation thereof, or coca
leaves and any salt, isomer, salts of isomers, compound,
derivative, or preparation of coca leaves, or any salt, isomer,
salts of isomers, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these
substances, except that the substances shall not include
decocanized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine.
               e.     Concentrate of poppy straw (the crude
extract of poppy straw in either liquid, solid or powder form
which contains the phenanthrine alkaloids of the opium poppy).
          (2)     Any of the following opiates, including their
isomers, esters, ethers, salts, and salts of isomers, whenever
the existence of such isomers, esters, ethers, and salts is
possible within the specific chemical designation unless
specifically exempted or listed in other schedules:
               a.     Alfentanil.
               b.     Alphaprodine.
               c.     Anileridine.
               d.     Bezitramide.
               e.     Carfentanil.
               f.     Dihydrocodeine.
               g.     Diphenoxylate.
               h.     Fentanyl.
               i.     Isomethadone.
               j.     Levo-alphacetylmethadol. Some trade or
other names: levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM.
               k.     Levomethorphan.
               l.     Levorphanol.
               m.     Metazocine.
               n.     Methadone.
               o.     Methadone -- Intermediate, 4-cyano-2-
dimethylamino-4, 4-diphenyl butane.
               p.     Moramide -- Intermediate, 2-methyl-3-
morpholino-1, 1-diphenyl-propane-carboxylic acid.
               q.     Pethidine.
               r.     Pethidine -- Intermediate -- A, 4-cyano-1-
methyl-4-phenylpiperidine.
               s.     Pethidine -- Intermediate -- B, ethyl-4-
phenylpiperidine-4-carboxylate.
               t.     Pethidine -- Intermediate -- C, 1-methyl-4-
phenylpiperidine-4-carboxylic acid.
               u.     Phenazocine.
               v.     Piminodine.
               w.     Racemethorphan.
               x.     Racemorphan.
               y.     Remifentanil.
               z.     Sufentanil.
          (3)     Any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system unless specifically exempted or listed in
another schedule:
               a.     Amphetamine, its salts, optical isomers,
and salts of its optical isomers.
               b.     Phenmetrazine and its salts.
               c.     Methamphetamine, including its salts,
isomers, and salts of isomers.
               d.     Methylphenidate.
               e.     Phenylacetone. Some trade or other names:
Phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone.
          (4)     Any material, compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation, unless specifically exempted by
the Commission or listed in another schedule:
               a.     Amobarbital
               b.     Glutethimide
               c.     Repealed by Session Laws 1983, c. 695, s.
2.
               d.     Pentobarbital
               e.     Phencyclidine
               f.     Phencyclidine immediate precursors:
                    1.     1-Phenylcyclohexylamine
                    2.     1-Piperidinocyclohexanecarbonitrile
(PCC)
               g.     Secobarbital.
          (5)     Any material, compound, mixture, or preparation
which contains any quantity of the following hallucinogenic
substances, including their salts, isomers, and salts of isomers,
unless specifically excepted, or listed in another schedule,
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
               a.     Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a U.S. Food and Drug
Administration approved drug product. [Some other names:(6aR-
trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d] pyra n-1-o1, or (-)-delta-9-(trans)-
tetrahydrocannabinol].
               b.     Nabilone [Another name for nabilone: (+/-)-
trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-
6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. (1971, c. 919, s. 1;
1973, c. 476, s. 128; c. 540, s. 6; c. 1358, ss. 6, 15; 1975, c.
443, s. 2; 1977, c. 667, s. 3; c. 891, s. 2; 1979, c. 434, s. 2;
1981, c. 51, s. 9; 1983, c. 695, s. 2; 1985, c. 172, ss. 4, 5;
1987, c. 105, s. 3; c. 412, ss. 5A-7; 1989 (Reg. Sess., 1990), c.
1040, s. 2; 1993, c. 319, ss. 3, 4; 1995, c. 186, s. 4; 1997-385,
s. 1; 1997-456, s. 27.)


 90-91.  Schedule III controlled
substances.
     This schedule includes the controlled substances listed or
to be listed by whatever official name, common or usual name,
chemical name, or trade name designated.  In determining that a
substance comes within this schedule, the Commission shall find:
a potential for abuse less than the substances listed in
Schedules I and II; currently accepted medical use in the United
States; and abuse may lead to moderate or low physical dependence
or high psychological dependence.  The following controlled
substances are included in this schedule:
     (a)  Repealed by Session Laws 1973, c. 540, s. 5.
     (b)  Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
depressant effect on the central nervous system unless
specifically exempted or listed in another schedule:
          1.     Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid.
          2.     Chlorhexadol.
          3.     Repealed by Session Laws 1993, c. 319, s. 5.
          4.     Lysergic acid.
          5.     Lysergic acid amide.
          6.     Methyprylon.
          7.     Sulfondiethylmethane.
          8.     Sulfonethylmethane.
          9.     Sulfonmethane.
          9a.     Tiletamine and zolazepam or any salt thereof.
Some trade or other names for tiletamine-zolazepam combination
product: Telazol.  Some trade or other names for tiletamine:
               2-(ethylamino)-2-(2-thienyl)-cyclohexanone.  Some
trade or other names for zolazepam:  4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one.
flupyrazapon.
          10.     Any compound, mixture or preparation containing
               (i) Amobarbital.
               (ii) Secobarbital.
               (iii) Pentobarbital.
               or any salt thereof and one or more active
ingredients which are not included in any other schedule.
          11.     Any suppository dosage form containing
               (i) Amobarbital.
               (ii) Secobarbital.
               (iii) Pentobarbital.
               or any salt of any of these drugs and approved by
the federal Food and Drug Administration for marketing as a
suppository.
     (c)  Nalorphine.
     (d)  Any material, compound, mixture, or preparation
containing limited quantities of any of the following narcotic
drugs, or any salts thereof unless specifically exempted or
listed in another schedule:
          1.     Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit with
an equal or greater quantity of an isoquinoline alkaloid of
opium.
          2.     Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
          3.     Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
unit with a four-fold or greater quantity of an isoquinoline
alkaloid of opium.
          4.     Not more than 300 milligrams of dihydrocodeinone
per 100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
          5.     Not more than 1.80 grams of dihydrocodeine per
100 milliliters or not more than 90 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
          6.     Not more than 300 milligrams of ethylmorphine
per 100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
          7.     Not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
          8.     Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
     (e)  Any compound, mixture or preparation containing limited
quantities of the following narcotic drugs, which shall include
one or more active, nonnarcotic, medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those
possessed by the narcotic drug alone:
          1.     Paregoric, U.S.P.; provided, that no person
shall purchase or receive by any means whatsoever more than one
fluid ounce of paregoric within a consecutive 24-hour period,
except on prescription issued by a duly licensed physician.
     (f)  Paregoric, U.S.P., may be dispensed at retail as
permitted by federal law or administrative regulation without a
prescription only by a registered pharmacist and no other person,
agency or employee may dispense paregoric, U.S.P., even if under
the direct supervision of a pharmacist.
     (g)  Notwithstanding the provisions of G.S. 90-91(f), after
the pharmacist has fulfilled his professional responsibilities
and legal responsibilities required of him in this Article, the
actual cash transaction, credit transaction, or delivery of
paregoric, U.S.P., may be completed by a nonpharmacist.  A
pharmacist may refuse to dispense a paregoric, U.S.P., substance
until he is satisfied that the product is being obtained for
medicinal purposes only.
     (h)  Paregoric, U.S.P., may only be sold at retail without a
prescription to a person at least 18 years of age.  A pharmacist
must require every retail purchaser of a paregoric, U.S.P.,
substance to furnish suitable identification, including proof of
age when appropriate, in order to purchase paregoric, U.S.P.  The
name and address obtained from such identification shall be
entered in the record of disposition to consumers.
     (i)  The Commission may by regulation except any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in paragraphs (a)1 and (a)2 of this schedule
from the application of all or any part of this Article if the
compound, mixture, or preparation contains one or more active
medicinal ingredients not having a stimulant or depressant effect
on the central nervous system; and if the ingredients are
included therein in such combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the
substances which have a stimulant or depressant effect on the
central nervous system.
     (j)  Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its
salts, isomers, and salts of said isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within
the specific chemical designation, unless specifically excluded
or listed in some other schedule.
          1.     Benzphetamine.
          2.     Chlorphentermine.
          3.     Clortermine.
          4.     Repealed by Session Laws 1987, c. 412, s. 10.
          5.     Phendimetrazine.
     (k)  Anabolic steroids.  The term "anabolic steroid" means
any drug or hormonal substance, chemically and pharmacologically
related to testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, including, but not
limited to, the following:
          1.     Methandrostenolone,
          2.     Stanozolol,
          3.     Ethylestrenol,
          4.     Nandrolone phenpropionate,
          5.     Nandrolone deconoate,
          6.     Testosterone propionate,
          7.     Chorionic gonadotropin,
          8.     Boldenone,
          9.     Chlorotestosterone (4-chlortestosterone),
          10.     Clostebol,
          11.     Dehydrochlormethyltestostorone,
          12.     Dibydrostestosterone (4-dihydrotestosterone),
          13.     Drostanolone,
          14.     Fluoxymesterone,
          15.     Formebulone (formebolone),
          16.     Mesterolene,
          17.     Methandienone,
          18.     Methandranone,
          19.     Methandriol,
          20.     Methenolene,
          21.     Methyltestosterone,
          22.     Mibolerone,
          23.     Nandrolene,
          24.     Norethandrolene,
          25.     Oxandrolone,
          26.     Oxymesterone,
          27.     Oxymetholone,
          28.     Stanolone,
          29.     Testolactone,
          30.     Testosterone,
          31.     Trenbolone, and
          32.     Any salt, ester, or isomer of a drug or
substance described or listed in this subsection, if that salt,
ester, or isomer promotes muscle growth.  Except such term does
not include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman
species and which has been approved by the Secretary of Health
and Human Services for such administration.  If any person
prescribes, dispenses, or distributes such steroid for human use,
such person shall be considered to have prescribed, dispensed, or
distributed an anabolic steroid within the meaning of this
subsection. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 540, s.
5; c. 1358, ss. 7, 15; 1975, c. 442; 1977, c. 667, s. 3; 1979, c.
434, s. 3; 1981, c. 51, s. 9; 1987, c. 412, ss. 8-10; 1987 (Reg.
Sess., 1988), c. 1055; 1991, c. 413; 1993, c. 319, s. 5.)


 90-92.  Schedule IV controlled substances.
     (a)  This schedule includes the controlled substances listed
or to be listed by whatever official name, common or usual name,
chemical name, or trade name designated. In determining that a
substance comes within this schedule, the Commission shall find:
a low potential for abuse relative to the substances listed in
Schedule III of this Article; currently accepted medical use in
the United States; and limited physical or pyschological
dependence relative to the substances listed in Schedule III of
this Article. The following controlled substances are included in
this schedule:
          (1)     Depressants. -- Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the
following substances, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:
               a.     Alprazolam.
               b.     Barbital.
               c.     Bromazepam.
               d.     Camazepam.
               e.     Chloral betaine.
               f.     Chloral hydrate.
               g.     Chlordiazepoxide.
               h.     Clobazam.
               i.     Clonazepam.
               j.     Clorazepate.
               k.     Clotiazepam.
               l.     Cloxazolam.
               m.     Delorazepam.
               n.     Diazepam.
               o.     Estazolam.
               p.     Ethchlorvynol.
               q.     Ethinamate.
               r.     Ethyl loflazepate.
               s.     Fludiazepam.
               t.     Flunitrazepam.
               u.     Flurazepam.
               v.     Gamma Hydroxybutyric Acid.
               w.     Halazepam.
               x.     Haloxazolam.
               y.     Ketazolam.
               z.     Loprazolam.
               aa.     Lorazepam.
               bb.     Lormetazepam.
               cc.     Mebutamate.
               dd.     Medazepam.
               ee.     Meprobamate.
               ff.     Methohexital.
               gg.     Methylphenobarbital (mephobarbital).
               hh.     Midazolam.
               ii.     Nimetazepam.
               jj.     Nitrazepam.
               kk.     Nordiazepam.
               ll.     Oxazepam.
               mm.     Oxazolam.
               nn.     Paraldehyde.
               oo.     Petrichloral.
               pp.     Phenobarbital.
               qq.     Pinazepam.
               rr.     Prazepam.
               ss.     Quazepam.
               tt.     Temazepam.
               uu.     Tetrazepam.
               vv.     Triazolam.
               ww.     Zolpidem.
          (2)     Any material, compound, mixture, or preparation
which contains any of the following substances, including its
salts, or isomers and salts of such isomers, whenever the
existence of such salts, isomers, and salts of isomers is
possible:
               a.     Fenfluramine.
               b.     Pentazocine.
          (3)     Stimulants. -- Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including its salts, isomers (whether optical,
position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:
               a.     Diethylpropion.
               b.     Mazindol.
               c.     Pemoline (including organometallic
complexes and chelates thereof).
               d.     Phentermine.
          (4)     Other Substances. -- Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture or preparation which contains any quantity of
the following substances, including its salts:
               a.     Dextropropoxyphene (Alpha-(plus)-4-
dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane).
               b.     Pipradrol.
               c.     SPA ((-)-1-dimethylamino-1, 2-
diphenylethane).
          (5)     Narcotic Drugs. -- Unless specifically excepted
or unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any of
the following narcotic drugs, or any salts thereof:
               a.     Not more than 1 milligram of difenoxin and
not less than 25 micrograms of atropine sulfate per dosage unit.
               b.     Buprenorphine.
     (b)  The Commission may by regulation except any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in this schedule from the application of all or
any part of this Article if the compound, mixture, or preparation
contains one or more active, nonnarcotic, medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system; provided, that such admixtures shall be included
therein in such combinations, quantity, proportion, or
concentration as to vitiate the potential for abuse of the
substances which do have a stimulant or depressant effect on the
central nervous system. (1971, c. 919, s. 1; 1973, c. 476, s.
128; c. 1358, ss. 8, 15; c. 1446, s. 5; 1975, cc. 401, 819; 1977,
c. 667, s. 3; c. 891, s. 3; 1979, c. 434, ss. 4-6; 1981, c. 51,
s. 9; 1985, c. 172, ss. 6-8; c. 439, s. 1; 1987, c. 412, ss. 11,
12; 1993, c. 319, s. 6; 1995, c. 509, s. 38; 1997-456, s. 27;
1997-501, s. 1.)


 90-93.  Schedule V controlled substances.
     (a)  This schedule includes the controlled substances listed
or to be listed by whatever official name, common or usual name,
chemical name, or trade name designated.  In determining that a
substance comes within this schedule, the Commission shall find:
a low potential for abuse relative to the substances listed in
Schedule IV of this Article; currently accepted medical use in
the United States; and limited physical or psychological
dependence relative to the substances listed in Schedule IV of
this Article.  The following controlled substances are included
in this schedule:
          (1)      Any compound, mixture or preparation
containing any of the following limited quantities of narcotic
drugs or salts thereof, which shall include one or more
nonnarcotic active medicinal ingredients in sufficient proportion
to confer upon the compound, mixture, or preparation valuable
medicinal qualities other than those possessed by the narcotic
alone:
               a.      Not more than 200 milligrams of codeine or
any of its salts per 100 milliliters or per 100 grams.
               b.     Not more than 100 milligrams of
dihydrocodeine or any of its salts per 100 milliliters or per 100
grams.
               c.     Not more than 100 milligrams of
ethylmorphine or any of its salts per 100 milliliters or per 100
grams.
               d.     Not more than 2.5 milligrams of
diphenoxylate and not less than 25 micrograms of atropine sulfate
per dosage unit.
               e.     Not more than 100 milligrams of opium per
100 milliliters or per 100 grams.
               f.     Not more than 0.5 milligram of difenoxin
and not less than 25 micrograms of atropine sulfate per dosage
unit.
          (2)      Repealed by Session Laws 1985, c. 172, s. 9.
          (3)     Stimulants. -- Unless specifically exempted or
excluded or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of
the following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of
isomers:
               a.     Repealed by Session Laws 1993, c. 319, s.
7.
               b.     Pyrovalerone.
     (b)  A Schedule V substance may be sold at retail without a
prescription only by a registered pharmacist and no other person,
agent or employee may sell a Schedule V substance even if under
the direct supervision of a pharmacist.
     (c)  Notwithstanding the provisions of G.S. 90-93(b), after
the pharmacist has fulfilled the responsibilities required of him
in this Article, the actual cash transaction, credit transaction,
or delivery of a Schedule V substance, may be completed by a
nonpharmacist.  A pharmacist may refuse to sell a Schedule V
substance until he is satisfied that the product is being
obtained for medicinal purposes only.
     (d)  A Schedule V substance may be sold at retail without a
prescription only to a person at least 18 years of age.  The
pharmacist must require every retail purchaser of a Schedule V
substance to furnish suitable identification, including proof of
age when appropriate, in order to purchase a Schedule V
substance.  The name and address obtained from such
identification shall be entered in the record of disposition to
consumers. (1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358,
ss. 9, 15; 1977, c. 667, s. 3; 1979, c. 434, ss. 7, 8; 1981, c.
51, s. 9; 1985, c. 172, s. 9; 1989 (Reg. Sess., 1990), c. 1040,
s. 3; 1993, c. 319, s. 7; 1997-456, s. 27.)


 90-94. Schedule VI controlled substances.
     This schedule includes the controlled substances listed or
to be listed by whatever official name, common or usual name,
chemical name, or trade name designated. In determining that such
substance comes within this schedule, the Commission shall find:
no currently accepted medical use in the United States, or a
relatively low potential for abuse in terms of risk to public
health and potential to produce psychic or physiological
dependence liability based upon present medical knowledge, or a
need for further and continuing study to develop scientific
evidence of its pharmacological effects.
     The following controlled substances are included in this
schedule:
          (1)     Marijuana.
          (2)     Tetrahydrocannabinols. (1971, c. 919, s. 1;
1973, c. 476, s. 128; c. 1358, s. 15; 1977, c. 667, s. 3; 1981,
c. 51, s. 9; 1997-456, s. 27.)


 90-95.  Violations; penalties.
     (a)  Except as authorized by this Article, it is unlawful
for any person:
          (1)     To manufacture, sell or deliver, or possess
with intent to manufacture, sell or deliver, a controlled
substance;
          (2)     To create, sell or deliver, or possess with
intent to sell or deliver, a counterfeit controlled substance;
          (3)     To possess a controlled substance.
     (b)  Except as provided in subsections (h) and (i) of this
section, any person who violates G.S. 90-95(a)(1) with respect
to:
          (1)     A controlled substance classified in Schedule I
or II shall be punished as a Class H felon, except that the sale
of a controlled substance classified in Schedule I or II shall be
punished as a Class G felon;
          (2)     A controlled substance classified in Schedule
III, IV, V, or VI shall be punished as a Class I felon, except
that the sale of a controlled substance classified in Schedule
III, IV, V, or VI shall be punished as a Class H felon. The
transfer of less than 5 grams of marijuana for no remuneration
shall not constitute a delivery in violation of G.S. 90-95(a)(1).
     (c)  Any person who violates G.S. 90-95(a)(2) shall be
punished as a Class I felon.
     (d)  Except as provided in subsections (h) and (i) of this
section, any person who violates G.S. 90-95(a)(3) with respect
to:
          (1)     A controlled substance classified in Schedule I
shall be punished as a Class I felon;
          (2)     A controlled substance classified in Schedule
II, III, or IV shall be guilty of a Class 1 misdemeanor. If the
controlled substance exceeds four tablets, capsules, or other
dosage units or equivalent quantity of hydromorphone or if the
quantity of the controlled substance, or combination of the
controlled substances, exceeds one hundred tablets, capsules or
other dosage units, or equivalent quantity, the violation shall
be punishable as a Class I felony. If the controlled substance is
phencyclidine, or cocaine and any salt, isomer, salts of isomers,
compound, derivative, or preparation thereof, or coca leaves and
any salt, isomer, salts of isomers, compound, derivative, or
preparation of coca leaves, or any salt, isomer, salts of
isomers, compound, derivative or preparation thereof which is
chemically equivalent or identical with any of these substances
(except decocanized coca leaves or any extraction of coca leaves
which does not contain cocaine or ecgonine), the violation shall
be punishable as a Class I felony.
          (3)     A controlled substance classified in Schedule V
shall be guilty of a Class 2 misdemeanor;
          (4)     A controlled substance classified in Schedule
VI shall be guilty of a Class 3 misdemeanor, but any sentence of
imprisonment imposed must be suspended and the judge may not
require at the time of sentencing that the defendant serve a
period of imprisonment as a special condition of probation. If
the quantity of the controlled substance exceeds one-half of an
ounce (avoirdupois) of marijuana or one-twentieth of an ounce
(avoirdupois) of the extracted resin of marijuana, commonly known
as hashish, the violation shall be punishable as a Class 1
misdemeanor. If the quantity of the controlled substance exceeds
one and one-half ounces (avoirdupois) of marijuana or three-
twentieths of an ounce (avoirdupois) of the extracted resin of
marijuana, commonly known as hashish, or if the controlled
substance consists of any quantity of synthetic
tetrahydrocannabinols or tetrahydrocannabinols isolated from the
resin of marijuana, the violation shall be punishable as a Class
I felony.
     (d1)  Except as authorized by this Article, it is unlawful
for any person to:
          (1)     Possess an immediate precursor chemical with
intent to manufacture a controlled substance; or
          (2)     Possess or distribute an immediate precursor
chemical knowing, or having reasonable cause to believe, that the
immediate precursor chemical will be used to manufacture a
controlled substance.
Any person who violates this subsection shall be punished as a
Class H felon.
     (d2)  The immediate precursor chemicals to which subsection
(d1) of this section applies are those immediate precursor
chemicals designated by the Commission pursuant to its authority
under G.S. 90-88, and the following (until otherwise specified by
the Commission):
          (1)     Anthranilic acid.
          (2)     Benzyl cyanide.
          (3)     Chloroephedrine.
          (4)     Chloropseudoephedrine.
          (5)     D-lysergic acid.
          (6)     Ephedrine.
          (7)     Ergonovine maleate.
          (8)     Ergotamine tartrate.
          (9)     Ethyl Malonate.
          (10)     Ethylamine.
          (11)     Isosafrole.
          (12)     Malonic acid.
          (13)     Methylamine.
          (14)     N-acetylanthranilic acid.
          (15)     N-ethylephedrine.
          (16)     N-ethylepseudoephedrine.
          (17)     N-methylephedrine.
          (18)     N-methylpseudoephedrine.
          (19)     Norpseudoephedrine.
          (20)     Phenyl-2-propane.
          (21)     Phenylacetic acid.
          (22)     Phenylpropanolamine.
          (23)     Piperidine.
          (24)     Piperonal.
          (25)     Propionic anhydride.
          (26)     Pseudoephedrine.
          (27)     Pyrrolidine.
          (28)     Safrole.
          (29)     Thionylchloride.
     (e)  The prescribed punishment and degree of any offense
under this Article shall be subject to the following conditions,
but the punishment for an offense may be increased only by the
maximum authorized under any one of the applicable conditions:
          (1),     (2) Repealed by Session Laws 1979, c. 760, s.
5.
          (3)     If any person commits a Class 1 misdemeanor
under this Article and if he has previously been convicted for
one or more offenses under any law of North Carolina or any law
of the United States or any other state, which offenses are
punishable under any provision of this Article, he shall be
punished as a Class I felon. The prior conviction used to raise
the current offense to a Class I felony shall not be used to
calculate the prior record level.
          (4)     If any person commits a Class 2 misdemeanor,
and if he has previously been convicted for one or more offenses
under any law of North Carolina or any law of the United States
or any other state, which offenses are punishable under any
provision of this Article, he shall be guilty of a Class 1
misdemeanor. The prior conviction used to raise the current
offense to a Class 1 misdemeanor shall not be used to calculate
the prior conviction level.
          (5)     Any person 18 years of age or over who violates
G.S. 90-95(a)(1) by selling or delivering a controlled substance
to a person under 16 years of age but more than 13 years of age
or a pregnant female shall be punished as a Class D felon. Any
person 18 years of age or over who violates G.S. 90-95(a)(1) by
selling or delivering a controlled substance to a person who is
13 years of age or younger shall be punished as a Class C felon.
Mistake of age is not a defense to a prosecution under this
section. It shall not be a defense that the defendant did not
know that the recipient was pregnant.
          (6)     For the purpose of increasing punishment under
G.S. 90-95(e)(3) and (e)(4), previous convictions for offenses
shall be counted by the number of separate trials at which final
convictions were obtained and not by the number of charges at a
single trial.
          (7)     If any person commits an offense under this
Article for which the prescribed punishment requires that any
sentence of imprisonment be suspended, and if he has previously
been convicted for one or more offenses under any law of North
Carolina or any law of the United States or any other state,
which offenses are punishable under any provision of this
Article, he shall be guilty of a Class 2 misdemeanor.
          (8)     Any person 21 years of age or older who commits
an offense under G.S. 90-95(a)(1) on property used for an
elementary or secondary school or within 300 feet of the boundary
of real property used for an elementary or secondary school shall
be punished as a Class E felon. For purposes of this subdivision,
the transfer of less than five grams of marijuana for no
remuneration shall not constitute a delivery in violation of G.S.
90-95(a)(1).
          (9)     Any person who violates G.S. 90-95(a)(3) on the
premises of a penal institution or local confinement facility
shall be guilty of a Class H felony.
     (f)  Any person convicted of an offense or offenses under
this Article who is sentenced to an active term of imprisonment
that is less than the maximum active term that could have been
imposed may, in addition, be sentenced to a term of special
probation. Except as indicated in this subsection, the
administration of special probation shall be the same as
probation. The conditions of special probation shall be fixed in
the same manner as probation, and the conditions may include
requirements for rehabilitation treatment. Special probation
shall follow the active sentence. No term of special probation
shall exceed five years. Special probation may be revoked in the
same manner as probation; upon revocation, the original term of
imprisonment may be increased by no more than the difference
between the active term of imprisonment actually served and the
maximum active term that could have been imposed at trial for the
offense or offenses for which the person was convicted, and the
resulting term of imprisonment need not be diminished by the time
spent on special probation.
     (g)  Whenever matter is submitted to the North Carolina
State Bureau of Investigation Laboratory, the Charlotte, North
Carolina, Police Department Laboratory or to the Toxicology
Laboratory, Reynolds Health Center, Winston-Salem for chemical
analysis to determine if the matter is or contains a controlled
substance, the report of that analysis certified to upon a form
approved by the Attorney General by the person performing the
analysis shall be admissible without further authentication in
all proceedings in the district court and superior court
divisions of the General Court of Justice as evidence of the
identity, nature, and quantity of the matter analyzed. Provided,
however, that a report is admissible in a criminal proceeding in
the superior court division or in an adjudicatory hearing in
juvenile court in the district court division only if:
          (1)     The State notifies the defendant at least 15
days before trial of its intention to introduce the report into
evidence under this subsection and provides a copy of the report
to the defendant, and
          (2)     The defendant fails to notify the State at
least five days before trial that the defendant objects to the
introduction of the report into evidence.
     Nothing in this subsection precludes the right of any party
to call any witness or to introduce any evidence supporting or
contradicting the evidence contained in the report.
     (g1)  Procedure for establishing chain of custody without
calling unnecessary witnesses. --
          (1)     For the purpose of establishing the chain of
physical custody or control of evidence consisting of or
containing a substance tested or analyzed to determine whether it
is a controlled substance, a statement signed by each successive
person in the chain of custody that the person delivered it to
the other person indicated on or about the date stated is prima
facie evidence that the person had custody and made the delivery
as stated, without the necessity of a personal appearance in
court by the person signing the statement.
          (2)     The statement shall contain a sufficient
description of the material or its container so as to distinguish
it as the particular item in question and shall state that the
material was delivered in essentially the same condition as
received. The statement may be placed on the same document as the
report provided for in subsection (g) of this section.
          (3)     The provisions of this subsection may be
utilized by the State only if:
               a.     The State notifies the defendant at least
15 days before trial of its intention to introduce the statement
into evidence under this subsection and provides the defendant
with a copy of the statement, and
               b.     The defendant fails to notify the State at
least five days before trial that the defendant objects to the
introduction of the statement into evidence.
          (4)     Nothing in this subsection precludes the right
of any party to call any witness or to introduce any evidence
supporting or contradicting the evidence contained in the
statement.
     (h)  Notwithstanding any other provision of law, the
following provisions apply except as otherwise provided in this
Article.
          (1)     Any person who sells, manufactures, delivers,
transports, or possesses in excess of 10 pounds (avoirdupois) of
marijuana shall be guilty of a felony which felony shall be known
as "trafficking in marijuana" and if the quantity of such
substance involved:
               a.     Is in excess of 10 pounds, but less than 50
pounds, such person shall be punished as a Class H felon and
shall be sentenced to a minimum term of 25 months and a maximum
term of 30 months in the State's prison and shall be fined not
less than five thousand dollars ($5,000);
               b.     Is 50 pounds or more, but less than 2,000
pounds, such person shall be punished as a Class G felon and
shall be sentenced to a minimum term of 35 months and a maximum
term of 42 months in the State's prison and shall be fined not
less than twenty-five thousand dollars ($25,000);
               c.     Is 2,000 pounds or more, but less than
10,000 pounds, such person shall be punished as a Class F felon
and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
               d.     Is 10,000 pounds or more, such person shall
be punished as a Class D felon and shall be sentenced to a
minimum term of 175 months and a maximum term of 219 months in
the State's prison and shall be fined not less than two hundred
thousand dollars ($200,000).
          (2)     Any person who sells, manufactures, delivers,
transports, or possesses 1,000 tablets, capsules or other dosage
units, or the equivalent quantity, or more of methaqualone, or
any mixture containing such substance, shall be guilty of a
felony which felony shall be known as "trafficking in
methaqualone" and if the quantity of such substance or mixture
involved:
               a.     Is 1,000 or more dosage units, or
equivalent quantity, but less than 5,000 dosage units, or
equivalent quantity, such person shall be punished as a Class G
felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 months in the State's prison and shall be
fined not less than twenty-five thousand dollars ($25,000);
               b.     Is 5,000 or more dosage units, or
equivalent quantity, but less than 10,000 dosage units, or
equivalent quantity, such person shall be punished as a Class F
felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
               c.     Is 10,000 or more dosage units, or
equivalent quantity, such person shall be punished as a Class D
felon and shall be sentenced to a minimum term of 175 months and
a maximum term of 219 months in the State's prison and shall be
fined not less than two hundred thousand dollars ($200,000).
          (3)     Any person who sells, manufactures, delivers,
transports, or possesses 28 grams or more of cocaine and any
salt, isomer, salts of isomers, compound, derivative, or
preparation thereof, or any coca leaves and any salt, isomer,
salts of isomers, compound, derivative, or preparation of coca
leaves, and any salt, isomer, salts of isomers, compound,
derivative or preparation thereof which is chemically equivalent
or identical with any of these substances (except decocainized
coca leaves or any extraction of coca leaves which does not
contain cocaine) or any mixture containing such substances, shall
be guilty of a felony, which felony shall be known as
"trafficking in cocaine" and if the quantity of such substance or
mixture involved:
               a.     Is 28 grams or more, but less than 200
grams, such person shall be punished as a Class G felon and shall
be sentenced to a minimum term of 35 months and a maximum term of
42 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
               b.     Is 200 grams or more, but less than 400
grams, such person shall be punished as a Class F felon and shall
be sentenced to a minimum term of 70 months and a maximum term of
84 months in the State's prison and shall be fined not less than
one hundred thousand dollars ($100,000);
               c.     Is 400 grams or more, such person shall be
punished as a Class D felon and shall be sentenced to a minimum
term of 175 months and a maximum term of 219 months in the
State's prison and shall be fined at least two hundred fifty
thousand dollars ($250,000).
          (3a)     Any person who sells, manufactures, delivers,
transports, or possesses 1,000 tablets, capsules or other dosage
units, or the equivalent quantity, or more of amphetamine, its
salts, optical isomers, and salts of its optical isomers or any
mixture containing such substance, shall be guilty of a felony
which felony shall be known as "trafficking in amphetamine" and
if the quantity of such substance or mixture involved:
               a.     Is 1,000 or more dosage units, or
equivalent quantity, but less than 5,000 dosage units, or
equivalent quantity, such person shall be punished as a Class G
felon and shall be sentenced to a minimum term of 35 months and a
maximum term of 42 months in the State's prison and shall be
fined not less than twenty-five thousand dollars ($25,000);
               b.     Is 5,000 or more dosage units, or
equivalent quantity, but less than 10,000 dosage units, or
equivalent quantity, such person shall be punished as a Class F
felon and shall be sentenced to a minimum term of 70 months and a
maximum term of 84 months in the State's prison and shall be
fined not less than fifty thousand dollars ($50,000);
               c.     Is 10,000 or more dosage units, or
equivalent quantity, such person shall be punished as a Class D
felon and shall be sentenced to a minimum term of 175 months and
a maximum term of 219 months in the State's prison and shall be
fined not less than two hundred thousand dollars ($200,000).
          (3b)     Any person who sells, manufactures, delivers,
transports, or possesses 28 grams or more of methamphetamine
shall be guilty of a felony which felony shall be known as
"trafficking in methamphetamine" and if the quantity of such
substance or mixture involved:
               a.     Is 28 grams or more, but less than 200
grams, such person shall be punished as a Class G felon and shall
be sentenced to a minimum term of 35 months and a maximum term of
42 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
               b.     Is 200 grams or more, but less than 400
grams, such person shall be punished as a Class F felon and shall
be sentenced to a minimum term of 70 months and a maximum term of
84 months in the State's prison and shall be fined not less than
one hundred thousand dollars ($100,000);
               c.     Is 400 grams or more, such person shall be
punished as a Class D felon and shall be sentenced to a minimum
term of 175 months and a maximum term of 219 months in the
State's prison and shall be fined at least two hundred fifty
thousand dollars ($250,000).
          (4)     Any person who sells, manufactures, delivers,
transports, or possesses four grams or more of opium or opiate,
or any salt, compound, derivative, or preparation of opium or
opiate (except apomorphine, nalbuphine, analoxone and naltrexone
and their respective salts), including heroin, or any mixture
containing such substance, shall be guilty of a felony which
felony shall be known as "trafficking in opium or heroin" and if
the quantity of such controlled substance or mixture involved:
               a.     Is four grams or more, but less than 14
grams, such person shall be punished as a Class F felon and shall
be sentenced to a minimum term of 70 months and a maximum term of
84 months in the State's prison and shall be fined not less than
fifty thousand dollars ($50,000);
               b.     Is 14 grams or more, but less than 28
grams, such person shall be punished as a Class E felon and shall
be sentenced to a minimum term of 90 months and a maximum term of
117 months in the State's prison and shall be fined not less than
one hundred thousand dollars ($100,000);
               c.     Is 28 grams or more, such person shall be
punished as a Class C felon and shall be sentenced to a minimum
term of 225 months and a maximum term of 279 months in the
State's prison and shall be fined not less than five hundred
thousand dollars ($500,000).
          (4a)     Any person who sells, manufactures, delivers,
transports, or possesses 100 tablets, capsules, or other dosage
units, or the equivalent quantity, or more, of Lysergic Acid
Diethylamide, or any mixture containing such substance, shall be
guilty of a felony, which felony shall be known as "trafficking
in Lysergic Acid Diethylamide". If the quantity of such substance
or mixture involved:
               a.     Is 100 or more dosage units, or equivalent
quantity, but less than 500 dosage units, or equivalent quantity,
such person shall be punished as a Class G felon and shall be
sentenced to a minimum term of 35 months and a maximum term of 42
months in the State's prison and shall be fined not less than
twenty-five thousand dollars ($25,000);
               b.     Is 500 or more dosage units, or equivalent
quantity, but less than 1,000 dosage units, or equivalent
quantity, such person shall be punished as a Class F felon and
shall be sentenced to a minimum term of 70 months and a maximum
term of 84 months in the State's prison and shall be fined not
less than fifty thousand dollars ($50,000);
               c.     Is 1,000 or more dosage units, or
equivalent quantity, such person shall be punished as a Class D
felon and shall be sentenced to a minimum term of 175 months and
a maximum term of 219 months in the State's prison and shall be
fined not less than two hundred thousand dollars ($200,000).
          (5)     Except as provided in this subdivision, a
person being sentenced under this subsection may not receive a
suspended sentence or be placed on probation. The sentencing
judge may reduce the fine, or impose a prison term less than the
applicable minimum prison term provided by this subsection, or
suspend the prison term imposed and place a person on probation
when such person has, to the best of his knowledge, provided
substantial assistance in the identification, arrest, or
conviction of any accomplices, accessories, co-conspirators, or
principals if the sentencing judge enters in the record a finding
that the person to be sentenced has rendered such substantial
assistance.
          (6)     Sentences imposed pursuant to this subsection
shall run consecutively with and shall commence at the expiration
of any sentence being served by the person sentenced hereunder.
     (i)  The penalties provided in subsection (h) of this
section shall also apply to any person who is convicted of
conspiracy to commit any of the offenses described in subsection
(h) of this section. (1971, c. 919, s. 1; 1973, c. 654, s. 1; c.
1078; c. 1358, s. 10; 1975, c. 360, s. 2; 1977, c. 862, ss. 1, 2;
1979, c. 760, s. 5; 1979, 2nd Sess., c. 1251, ss. 4-7; 1983, c.
18; c. 294, s. 6; c. 414; 1985, c. 569, s. 1; c. 675, ss. 1, 2;
1987, c. 90; c. 105, ss. 4, 5; c. 640, ss. 1, 2; c. 783, s. 4;
1989, c. 641; c. 672; c. 690; c. 770, s. 68; 1989 (Reg. Sess.,
1990), c. 1024, s. 17; c. 1039, s. 5; c. 1081, s. 2; 1991, c.
484, s. 1; 1993, c. 538, s. 30; c. 539, s. 1358.1; 1994, Ex.
Sess., c. 11, s. 1; c. 14, ss. 46, 47; c. 24, s. 14(b); 1996, 2nd
Ex. Sess., c. 18, s. 20.13(c); 1997-304, ss. 1, 2; 1997-443, s.
19.25(b), (u), (ii); 1998-212, s. 17.16(e).)

90-95.1. Continuing criminal enterprise.
     (a) Any person who engages in a continuing criminal
enterprise shall be punished as a Class C felon and in addition
shall be subject to the forfeiture prescribed in subsection (b)
of this section.
     (b) Any person who is convicted under subsection (a) of
engaging in a continuing criminal enterprise shall forfeit to the
State of North Carolina:
          (1) The profits obtained by him in such enterprise, and
        (2) Any of his interest in, claim against, or property or
   contractual rights of any kind affording a source of influence
                                           over, such enterprise.
     (c) For purposes of this section, a person is engaged in a
continuing criminal enterprise if:
 (1) He violates any provision of this Article, the punishment of
                                           which is a felony; and
(2) Such violation is a part of a continuing series of violations
                                                 of this Article;
   a. Which are undertaken by such person in concert with five or
   more other persons with respect to whom such person occupies a
      position of organizer, a supervisory position, or any other
                                      position of management; and
          b. From which such person obtains substantial income or
                                                       resources.
     (d) Repealed by Session Laws 1979, c. 760, s. 5. (1971, s.
919, s. 1; 1979, c. 760, s. 5.)

 90-95.2. Cooperation between law-enforcement
agencies.
     (a) The head of any law-enforcement agency may temporarily
provide assistance to another agency in enforcing the provisions
of this Article if so requested in writing by the head of the
other agency. The assistance may comprise allowing officers of
the agency to work temporarily with officers of the other agency
(including in an undercover capacity) and lending equipment and
supplies. While working with another agency under the authority
of this section, an officer shall have the same jurisdiction,
powers, rights, privileges, and immunities (including those
relating to the defense of civil actions and payment of
judgments) as the officers of the requesting agency in addition
to those he normally possesses. While on duty with the other
agency, he shall be subject to the lawful operational commands of
his superior officers in the other agency, but he shall for
personnel and administrative purposes remain under the control of
his own agency, including for purposes of pay. He shall
furthermore be entitled to workers' compensation when acting
pursuant to this section to the same extent as though he were
functioning within the normal scope of his duties.
     (b) As used in this section:
          (1)     "Head" means any director or chief officer of a
law-enforcement agency, including the chief of police of a local
police department and the sheriff of a county, or an officer of
the agency to whom the head of the agency has delegated authority
to make or grant requests under this section, but only one
officer in the agency shall have this delegated authority at any
time.
          (2)     "Law-enforcement agency" means any State or
local agency, force, department, or unit responsible for
enforcing criminal laws in this State, including any local police
department or sheriff's department.
     (c) This section in no way reduces the jurisdiction or
authority of State law-enforcement officers. (1975, c. 782, s. 1;
1981, c. 93, s. 1; 1991, c. 636, s. 3.)

 90-95.3.  Restitution to law-enforcement agencies for
undercover purchases; restitution for drug analyses.
     (a)  When any person is convicted of an offense under this
Article, the court may order him to make restitution to any law-
enforcement agency for reasonable expenditures made in purchasing
controlled substances from him or his agent as part of an
investigation leading to his conviction.
     (b)  When any person is convicted of an offense under this
Article, the court may order him to make restitution in the sum
of one hundred dollars ($100.00) to the State of North Carolina
for the expense of analyzing any controlled substance possessed
by him or his agent as part of an investigation leading to his
conviction.  Any funds received under this subsection shall be
deposited in the General Fund. (1975, c. 782, s. 2; 1989 (Reg.
Sess., 1990), c. 1039, s. 3.)


 90-95.4. Employing or intentionally using minor to
commit a drug law violation.
     (a)  A person who is at least 18 years old but less than 21
years old who hires or intentionally uses a minor to violate G.S.
90-95(a)(1) shall be guilty of a felony. An offense under this
subsection shall be punishable as follows:
          (1)     If the minor was more than 13 years of age,
then as a felony that is one class more severe than the violation
of G.S. 90-95(a)(1) for which the minor was hired or
intentionally used.
          (2)     If the minor was 13 years of age or younger,
then as a felony that is two classes more severe than the
violation of G.S. 90-95(a)(1) for which the minor was hired or
intentionally used.
     (b)  A person 21 years of age or older who hires or
intentionally uses a minor to violate G.S. 90-95(a)(1) shall be
guilty of a felony. An offense under this subsection shall be
punishable as follows:
          (1)     If the minor was more than 13 years of age,
then as a felony that is three classes more severe than the
violation of G.S. 90-95(a)(1) for which the minor was hired or
intentionally used.
          (2)     If the minor was 13 years of age or younger,
then as a felony that is four classes more severe than the
violation of G.S. 90-95(a)(1) for which the minor was hired or
intentionally used.
     (c)  Mistake of Age. -- Mistake of age is not a defense to a
prosecution under this section.
     (d)  The term "minor" as used in this section is defined as
an individual who is less than 18 years of age. (1989 (Reg.
Sess., 1990), c. 1081, s. 1; 1998-212, s. 17.16(f).)


 90-95.5. Civil liability -- employing a minor to
commit a drug offense.
     A person 21 years of age or older, who hires, employs, or
intentionally uses a person under 18 years of age to commit a
violation of G.S. 90-95 is liable in a civil action for damages
for drug addiction proximately caused by the violation. The
doctrines of contributory negligence and assumption of risk are
no defense to liability under this section. (1989 (Reg. Sess.,
1990), c. 1081, s. 3; 1998-212, s. 17.16(g).)


 90-95.6. Promoting drug sales by a minor.
     (a)  A person who is 21 years of age or older is guilty of
promoting drug sales by a minor if the person knowingly:
          (1)     Entices, forces, encourages, or otherwise
facilitates a minor in violating G.S. 90-95(a)(1).
          (2)     Supervises, supports, advises, or protects the
minor in violating G.S. 90-95(a)(1).
     (b)  Mistake of age is not a defense to a prosecution under
this section.
     (c)  A violation of this section is a Class D felony. (1998-
212, s. 17.16(h).)


 90-95.7. Participating in a drug violation by a
minor.
     (a)  A person 21 years of age or older who purchases or
receives a controlled substance from a minor 13 years of age or
younger who possesses, sells, or delivers the controlled
substance in violation of G.S. 90-95(a)(1) is guilty of
participating in a drug violation of a minor.
     (b)  Mistake of age is not a defense to a prosecution under
this section.
     (c)  A violation of this section is a Class G felony. (1998-
212, s. 17.16(h).)


 90-96.  Conditional discharge and expunction
of records for first offense.
     (a)  Whenever any person who has not previously been
convicted of any offense under this Article or under any statute
of the United States or any state relating to those substances
included in Article 5 or 5A of Chapter 90 or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty
to or is found guilty of (i) a misdemeanor under this Article by
possessing a controlled substance included within Schedules II
through VI of this Article or by possessing drug paraphernalia as
prohibited by G.S. 90-113.21, or (ii) a felony under G.S. 90-
95(a)(3) by possessing less than one gram of cocaine, the court
may, without entering a judgment of guilt and with the consent of
such person, defer further proceedings and place him on probation
upon such reasonable terms and conditions as it may require.
Notwithstanding the provisions of G.S. 15A-1342(c) or any other
statute or law, probation may be imposed under this section for
an offense under this Article for which the prescribed punishment
includes only a fine. To fulfill the terms and conditions of
probation the court may allow the defendant to participate in a
drug education program approved for this purpose by the
Department of Health and Human Services. Upon violation of a term
or condition, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge such person and dismiss the
proceedings against him. Discharge and dismissal under this
section shall be without court adjudication of guilt and shall
not be deemed a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon
conviction of a crime including the additional penalties imposed
for second or subsequent convictions under this Article.
Discharge and dismissal under this section or G.S. 90-113.14 may
occur only once with respect to any person. Disposition of a case
to determine discharge and dismissal under this section at the
district court division of the General Court of Justice shall be
final for the purpose of appeal. Prior to taking any action to
discharge and dismiss under this section the court shall make a
finding that the defendant has no record of previous convictions
under the "North Carolina Controlled Substances Act", Article 5,
Chapter 90, the "North Carolina Toxic Vapors Act", Article 5A,
Chapter 90, or the "Drug Paraphernalia Act", Article 5B, Chapter
90.
     (a1)  Upon the first conviction only of any offense included
in G.S. 90-95(a)(3) or G.S. 90-113.21 and subject to the
provisions of this subsection (a1), the court may place defendant
on probation under this section for an offense under this Article
including an offense for which the prescribed punishment includes
only a fine. The probation, if imposed, shall be for not less
than one year and shall contain a minimum condition that the
defendant who was found guilty or pleads guilty enroll in and
successfully complete, within 150 days of the date of the
imposition of said probation, the program of instruction at the
drug education school approved by the Department of Health and
Human Services pursuant to G.S. 90-96.01. The court may impose
probation that does not contain a condition that defendant
successfully complete the program of instruction at a drug
education school if:
          (1)     There is no drug education school within a
reasonable distance of the defendant's residence; or
          (2)     There are specific, extenuating circumstances
which make it likely that defendant will not benefit from the
program of instruction.
The court shall enter such specific findings in the record;
provided that in the case of subdivision (2) above, such findings
shall include the specific, extenuating circumstances which make
it likely that the defendant will not benefit from the program of
instruction.
     For the purposes of determining whether the conviction is a
first conviction or whether a person has already had discharge
and dismissal, no prior offense occurring more than seven years
before the date of the current offense shall be considered. In
addition, convictions for violations of a provision of G.S. 90-
95(a)(1) or 90-95(a)(2) or 90-95(a)(3), or 90-113.10, or 90-
113.11, or 90-113.12, or 90-113.21 shall be considered previous
convictions.
     Failure to complete successfully an approved program of
instruction at a drug education school shall constitute grounds
to revoke probation and deny application for expunction of all
recordation of defendant's arrest, indictment, or information,
trial, finding of guilty, and dismissal and discharge pursuant to
this section. For purposes of this subsection, the phrase
"failure to complete successfully the prescribed program of
instruction at a drug education school" includes failure to
attend scheduled classes without a valid excuse, failure to
complete the course within 150 days of imposition of probation,
willful failure to pay the required fee for the course, or any
other manner in which the person fails to complete the course
successfully. The instructor of the course to which a person is
assigned shall report any failure of a person to complete
successfully the program of instruction to the court which
imposed probation. Upon receipt of the instructor's report that
the person failed to complete the program successfully, the court
shall revoke probation and/or deny application for expunction of
all recordation of defendant's arrest, indictment, or
information, trial, finding of guilty, and dismissal and
discharge pursuant to this section. A person may obtain a hearing
before the court of original jurisdiction prior to revocation of
probation or denial of application for expunction.
     This subsection is supplemental and in addition to existing
law and shall not be construed so as to repeal any existing
provision contained in the General Statutes of North Carolina.
     (b)  Upon the dismissal of such person, and discharge of the
proceedings against him under subsection (a) of this section,
such person, if he were not over 21 years of age at the time of
the offense, may apply to the court for an order to expunge from
all official records (other than the confidential file to be
retained by the Administrative Office of the Courts under
subsection (c)) all recordation relating to his arrest,
indictment or information, trial, finding of guilty, and
dismissal and discharge pursuant to this section. The applicant
shall attach to the application the following:
          (1)     An affidavit by the applicant that he has been
of good behavior during the period of probation since the
decision to defer further proceedings on the offense in question
and has not been convicted of any felony, or misdemeanor, other
than a traffic violation, under the laws of the United States or
the laws of this State or any other state;
          (2)     Verified affidavits by two persons who are not
related to the applicant or to each other by blood or marriage,
that they know the character and reputation of the petitioner in
the community in which he lives, and that his character and
reputation are good;
          (3)     Affidavits of the clerk of superior court,
chief of police, where appropriate, and sheriff of the county in
which the petitioner was convicted, and, if different, the county
of which the petitioner is a resident, showing that the applicant
has not been convicted of a felony or misdemeanor other than a
traffic violation under the laws of this State at any time prior
to the conviction for the offense in question or during the
period of probation following the decision to defer further
proceedings on the offense in question.
     The judge to whom the petition is presented is authorized to
call upon a probation officer for any additional investigation or
verification of the petitioner's conduct during the probationary
period deemed desirable.
     If the court determines, after hearing, that such person was
dismissed and the proceedings against him discharged and that he
was not over 21 years of age at the time of the offense, it shall
enter such order. The effect of such order shall be to restore
such person in the contemplation of the law to the status he
occupied before such arrest or indictment or information. No
person as to whom such order was entered shall be held thereafter
under any provision of any law to be guilty of perjury or
otherwise giving a false statement by reason of his failures to
recite or acknowledge such arrest, or indictment or information,
or trial in response to any inquiry made of him for any purpose.
     The court shall also order that said conviction and the
records relating thereto be expunged from the records of the
court, and direct all law-enforcement agencies bearing records of
the same to expunge their records of the conviction. The clerk
shall forward a certified copy of the order to the sheriff, chief
of police or other arresting agency, as appropriate, and the
sheriff, chief of police or other arresting agency, as
appropriate, shall forward such order to the State Bureau of
Investigation with a form supplied by the State Bureau of
Investigation. The State Bureau of Investigation shall forward
the court order in like manner to the Federal Bureau of
Investigation.
     (c)  The clerk of superior court in each county in North
Carolina shall, as soon as practicable after each term of court
in his county, file with the Administrative Office of the Courts
the names of those persons granted a conditional discharge under
the provisions of this Article, and the Administrative Office of
the Courts shall maintain a confidential file containing the
names of persons granted conditional discharges. The information
contained in the file shall be disclosed only to Judges of the
General Court of Justice of North Carolina for the purpose of
ascertaining whether any person charged with an offense under
this Article has been previously granted a conditional discharge.
     (d)  Whenever any person is charged with a misdemeanor under
this Article by possessing a controlled substance included within
Schedules II through VI of this Article or a felony under G.S. 90-
95(a)(3) by possessing less than one gram of cocaine, upon
dismissal by the State of the charges against him, upon entry of
a nolle prosequi, or upon a finding of not guilty or other
adjudication of innocence, such person may apply to the court for
an order to expunge from all official records all recordation
relating to his arrest, indictment or information, or trial. If
the court determines, after hearing that such person was not over
21 years of age at the time any of the proceedings against him
occurred, it shall enter such order. No person as to whom such
order has been entered shall be held thereafter under any
provision of any law to be guilty of perjury or otherwise giving
a false statement by reason of his failures to recite or
acknowledge such arrest, or indictment or information, or trial
in response to any inquiry made of him for any purpose.
     (e)  Whenever any person who has not previously been
convicted of an offense under this Article or under any statute
of the United States or any state relating to controlled
substances included in any schedule of this Article or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty
to or has been found guilty of (i) a misdemeanor under this
Article by possessing a controlled substance included within
Schedules II through VI of this Article, or by possessing drug
paraphernalia as prohibited by G.S. 90-113.21, or (ii) a felony
under G.S. 90-95(a)(3) by possessing less than one gram of
cocaine, the court may, upon application of the person not sooner
than 12 months after conviction, order cancellation of the
judgment of conviction and expunction of the records of his
arrest, indictment, or information, trial and conviction. A
conviction in which the judgment of conviction has been canceled
and the records expunged pursuant to this section shall not be
thereafter deemed a conviction for purposes of this section or
for purposes of disqualifications or liabilities imposed by law
upon conviction of a crime including the additional penalties
imposed for second or subsequent convictions of this Article.
Cancellation and expunction under this section may occur only
once with respect to any person. Disposition of a case under this
section at the district court division of the General Court of
Justice shall be final for the purpose of appeal.
     The granting of an application filed under this section
shall cause the issue of an order to expunge from all official
records (other than the confidential file to be retained by the
Administrative Office of the Courts under subsection (c)) all
recordation relating to the petitioner's arrest, indictment, or
information, trial, finding of guilty, judgment of conviction,
cancellation of the judgment, and expunction of records pursuant
to this section.
     The judge to whom the petition is presented is authorized to
call upon a probation officer for additional investigation or
verification of the petitioner's conduct since conviction. If the
court determines that the petitioner was convicted of (i) a
misdemeanor under this Article for possessing a controlled
substance included within Schedules II through VI of this
Article, or for possessing drug paraphernalia as prohibited in
G.S. 90-113.21, or (ii) a felony under G.S. 90-95(a)(3) for
possession of less than one gram of cocaine, that he was not over
21 years of age at the time of the offense, that he has been of
good behavior since his conviction, that he has successfully
completed a drug education program approved for this purpose by
the Department of Health and Human Services, and that he has not
been convicted of a felony or misdemeanor other than a traffic
violation under the laws of this State at any time prior to or
since the conviction for the offense in question, it shall enter
an order of expunction of the petitioner's court record. The
effect of such order shall be to restore the petitioner in the
contemplation of the law to the status he occupied before arrest
or indictment or information or conviction. No person as to whom
such order was entered shall be held thereafter under any
provision of any law to be guilty of perjury or otherwise giving
a false statement by reason of his failures to recite or
acknowledge such arrest, or indictment or information, or
conviction, or trial in response to any inquiry made of him for
any purpose. The judge may waive the condition that the
petitioner attend the drug education school if the judge makes a
specific finding that there was no drug education school within a
reasonable distance of the defendant's residence or that there
were specific extenuating circumstances which made it likely that
the petitioner would not benefit from the program of instruction.
     The court shall also order that all law-enforcement agencies
bearing records of the conviction and records relating thereto to
expunge their records of the conviction. The clerk shall forward
a certified copy of the order to the sheriff, chief of police, or
other arresting agency, as appropriate, and the arresting agency
shall forward the order to the State Bureau of Investigation with
a form supplied by the State Bureau of Investigation. The State
Bureau of Investigation shall forward the court order in like
manner to the Federal Bureau of Investigation.
     The clerk of superior court in each county in North Carolina
shall, as soon as practicable after each term of court in his
county, file with the Administrative Office of the Courts the
names of those persons whose judgments of convictions have been
canceled and expunged under the provisions of this Article, and
the Administrative Office of the Courts shall maintain a
confidential file containing the names of persons whose judgments
of convictions have been canceled and expunged. The information
contained in the file shall be disclosed only to judges of the
General Court of Justice of North Carolina for the purpose of
ascertaining whether any person charged with an offense under
this Article has been previously granted cancellation and
expunction of a judgment of conviction pursuant to the terms of
this Article. (1971, c. 919, s. 1; 1973, c. 654, s. 2; c. 1066;
1977, 2nd Sess., c. 1147, s. 11B; 1979, c. 431, ss. 3, 4; c. 550;
1981, c. 922, ss. 1-4; 1994, Ex. Sess., c. 11, s. 1.1; 1997-443,
s. 11A.118(a).)

90-96.1. Immunity from prosecution for minors.
     Whenever any person who is not more than 18 years of age,
who has not previously been convicted of any offense under this
Article or under any statute of the United States of any state
relating to controlled substances included in any schedule of
this Article, is accused with possessing or distributing a
controlled substance in violation of G.S. 90-95(a)(1) or
90-95(a)(2) or 90- 95(a)(3), the court may, upon recommendation
of the district attorney, grant said person immunity from
prosecution for said violation(s) if said person shall disclose
the identity of the person or persons from whom he obtained the
controlled substance(s) for which said person is being accused of
possessing or distributing. (1973, c. 47, s. 2; c. 654, s. 3.)


 90-96.01.  Drug education schools;
responsibilities of the Department of Health and Human Services;
fees.
     (a)  The Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services shall establish
standards and guidelines for the curriculum and operation of
local drug education programs. The Department of Health and Human
Services shall oversee the development of a statewide system of
schools and shall insure that schools are available in all
localities of the State as soon as is practicable.
          (1)     A fee of one hundred fifty dollars ($150.00)
shall be paid by all persons enrolling in an accredited drug
education school established pursuant to this section. That fee
must be paid to an official designated for that purpose and at a
time and place specified by the area mental health, developmental
disabilities, and substance abuse authority providing the course
of instruction in which the person is enrolled. If the clerk of
court in the county in which the person is convicted agrees to
collect the fees, the clerk shall collect all fees for persons
convicted in that county. The clerk shall pay the fees collected
to the area mental health, developmental disabilities, and
substance abuse authority for the catchment area where the clerk
is located regardless of the location where the defendant attends
the drug education school and that authority shall distribute the
funds in accordance with the rules and regulations of the
Department. The fee must be paid in full within two weeks of the
date the person is convicted and before he attends any classes,
unless the court, upon a showing of reasonable hardship, allows
the person additional time to pay the fee or allows him to begin
the course of instruction without paying the fee. If the person
enrolling in the school demonstrates to the satisfaction of the
court that ordered him to enroll in the school that he is unable
to pay and his inability to pay is not willful, the court may
excuse him from paying the fee. Parents or guardians of persons
attending drug education school shall be allowed to audit the
drug education school along with their children or wards at no
extra expense.
          (2)     The Department of Health and Human Services
shall have the authority to approve programs to be implemented by
area mental health, developmental disabilities, and substance
abuse authorities. Area mental health, developmental
disabilities, and substance abuse authorities may subcontract for
the delivery of drug education program services. The Department
shall have the authority to approve budgets and contracts with
public and private governmental and nongovernmental bodies for
the operation of such schools.
          (3)     Fees collected under this section and retained
by the area mental health, developmental disabilities, and
substance abuse authority shall be placed in a nonreverting fund.
That fund must be used, as necessary, for the operation,
evaluation and administration of the drug educational schools;
excess funds may only be used to fund other drug or alcohol
programs. The area mental health, developmental disabilities, and
substance abuse authority shall remit five percent (5%) of each
fee collected to the Department of Health and Human Services on a
monthly basis. Fees received by the Department as required by
this section may only be used in supporting, evaluating, and
administering drug education schools, and any excess funds will
revert to the General Fund.
          (4)     All fees collected by any area mental health,
developmental disabilities, and substance abuse authority under
the authority of this section may not be used in any manner to
match other State funds or be included in any computation for
State formula-funded allocations.
     (b)  Willful failure to pay the fee is one ground for a
finding that a person placed on probation or who may make
application for expunction of all recordation of his arrest or
conviction has not successfully completed the course. If the
court determines the person is unable to pay, he shall not be
deemed guilty of a willful failure to pay the fee. (1981, c. 922,
s. 8; 1991, c. 636, s. 19(b), (c); 1993, c. 395, s. 1; 1997-443,
s. 11A.118(a).)

90-97. Other penalties.
     Any penalty imposed for violation of this Article shall be
in addition to, and not in lieu of, any civil or administrative
penalty or sanction authorized by law. If a violation of this
Article is a violation of a federal law or the law of another
state, a conviction or acquittal under federal law or the law of
another state for the same act is a bar to prosecution in this
State. (1971, c. 919, s. 1.)


 90-98.  Attempt and conspiracy; penalties.
     Except as otherwise provided in this Article, any person who
attempts or conspires to commit any offense defined in this
Article is guilty of an offense that is the same class as the
offense which was the object of the attempt or conspiracy and is
punishable as specified for that class of offense and prior
record or conviction level in Article 81B of Chapter 15A of the
General Statutes. (1971, c. 919, s. 1; 1979, c. 760, s. 5; 1997-
80, s. 9.)


 90-99.  Republishing of schedules.
     The North Carolina Department of Health and Human Services
shall update and republish the schedules established by this
Article on a semiannual basis for two years from January 1, 1972,
and thereafter on an annual basis. (1971, c. 919, s. 1; 1977, c.
667, s. 3; 1997-443, s. 11A.118(a).)


 90-100.  Rules.
     The Commission may adopt rules relating to the registration
and control of the manufacture, distribution, security, and
dispensing of controlled substances within this State. (1971, c.
919, s. 1; 1977, c. 667, s. 3; 1981, c. 51, s. 9; 1991, c. 309,
s. 2; 1993, c. 384, s. 1.)


 90-101.  Annual registration and fee to engage
in listed activities with controlled substances; effect of
registration; exceptions; waiver; inspection.
     (a)  Every person who manufactures, distributes, dispenses,
or conducts research with any controlled substance within this
State or who proposes to engage in any of these activities shall
annually register with the North Carolina Department of Health
and Human Services, in accordance with rules adopted by the
Commission, and shall pay the registration fee set by the
Commission for the category to which the applicant belongs. An
applicant for registration shall file an application for
registration with the Department of Health and Human Services and
submit the required fee with the application. The categories of
applicants and the maximum fee for each category are as follows:

     CATEGORY     MAXIMUM FEE
     Clinic     $150.00
      Hospital     350.00
     Nursing Home     150.00
      Teaching Institution     150.00
     Researcher     150.00
      Analytical Laboratory     150.00
     Distributor     600.00
      Manufacturer     700.00.

     (b)  Persons registered by the North Carolina Department of
Health and Human Services under this Article (including research
facilities) to manufacture, distribute, dispense or conduct
research with controlled substances may possess, manufacture,
distribute, dispense or conduct research with those substances to
the extent authorized by their registration and in conformity
with the other provisions of this Article.
     (c)  The following persons shall not be required to register
and may lawfully possess controlled substances under the
provisions of this Article:
          (1)     An agent, or an employee thereof, of any
registered manufacturer, distributor, or dispenser of any
controlled substance if such agent is acting in the usual course
of his business or employment;
          (2)     The State courier service operated by the
Department of Administration, a common or contract carrier, or a
public warehouseman, or an employee thereof, whose possession of
any controlled substance is in the usual course of his business
or employment;
          (3)     An ultimate user or a person in possession of
any controlled substance pursuant to a lawful order of a
practitioner;
          (4)     Repealed by Session Laws 1977, c. 891, s. 4.
          (5)     Any law-enforcement officer acting within the
course and scope of official duties, or any person employed in an
official capacity by, or acting as an agent of, any law-
enforcement agency or other agency charged with enforcing the
provisions of this Article when acting within the course and
scope of official duties; and
          (6)     A practitioner, as defined in G.S. 90-87(22)a.,
who is required to be licensed in North Carolina by his
respective licensing board.
     (d)  The Commission may, by rule, waive the requirement for
registration of certain classes of manufacturers, distributors,
or dispensers if it finds it consistent with the public health
and safety.
     (e)  A separate registration shall be required at each
principal place of business, research or professional practice
where the registrant manufactures, distributes, dispenses or uses
controlled substances.
     (f)  The North Carolina Department of Health and Human
Services is authorized to inspect the establishment of a
registrant, applicant for registration, or practitioner in
accordance with rules adopted by the Commission.
     (g)  Practitioners licensed in North Carolina by their
respective licensing boards may possess, dispense or administer
controlled substances to the extent authorized by law and by
their boards.
     (h)  A physician licensed by the North Carolina Medical
Board pursuant to Article 1 of this Chapter may possess, dispense
or administer tetrahydrocannabinols in duly constituted
pharmaceutical form for human administration for treatment
purposes pursuant to rules adopted by the Commission.
     (i)  A physician licensed by the North Carolina Medical
Board pursuant to Article 1 of this Chapter may dispense or
administer Dronabinol or Nabilone as scheduled in G.S. 90-90(5)
only as an antiemetic agent in cancer chemotherapy. (1971, c.
919, s. 1; 1973, c. 1358, s. 12; 1977, c. 667, s. 3; c. 891, s.
4; 1979, c. 781; 1981, c. 51, s. 9; 1983, c. 375, s. 2; 1985, c.
439, s. 2; 1987, c. 412, s. 13; 1989 (Reg. Sess., 1990), c. 1040,
s. 4; 1993, c. 384, s. 2; 1995, c. 94, ss. 26, 27; 1997-443, s.
11A.118(a); 1997-456, s. 27.)


 90-102.  Additional provisions as to
registration.
     (a)  The North Carolina Department of Health and Human
Services shall register an applicant to manufacture or distribute
controlled substances included in Schedules I through VI of this
Article unless it determines that the issuance of such
registration is inconsistent with the public interest. In
determining the public interest, the following factors shall be
considered:
          (1)     Maintenance of effective controls against
diversion of any controlled substances and any substance
compounded therefrom into other than legitimate medical,
scientific, or industrial channels;
          (2)     Compliance with applicable federal, State and
local law;
          (3)     Prior conviction record of applicant, its
agents or employees under federal and State laws relating to the
manufacture, distribution, or dispensing of such substances;
          (4)     Past experience in the manufacture of
controlled substances, and the existence in the establishment or
facility of effective controls against diversion; and
          (5)     Any factor relating to revocation, suspension,
or denial of past registrations, licenses, or applications under
this or any other State or federal law;
          (6)     Such other factors as may be relevant to and
consistent with the public health and safety.
     (b)  Registration granted under subsection (a) of this
section shall not entitle a registrant to manufacture and
distribute controlled substances included in Schedule I or II
other than those specified in the registration.
     (c)  Individual practitioners licensed to dispense and
authorized to conduct research under federal law with Schedules
II through V substances must be registered with the North
Carolina Department of Health and Human Services to conduct such
research.
     (d)  Manufacturers and distributors registered or licensed
under federal law to manufacture or distribute controlled
substances included in Schedules I through VI of this Article are
entitled to registration under this Article, but this
registration is expressly made subject to the provisions of G.S.
90-103.
     (e)  The North Carolina Department of Health and Human
Services shall initially permit persons to register who own or
operate any establishment engaged in the manufacture,
distribution, or dispensing of any substances prior to January 1,
1972, and who are registered or licensed by the State. (1971, c.
919, s. 1; 1973, c. 1358, s. 14; 1977, c. 667, s. 3; 1985, c.
439, ss. 3, 4; 1997-443, s. 11A.118(a).)

 90-103.  Revocation or suspension of
registration.
     (a)  A registration under G.S. 90-102 to manufacture,
distribute, or dispense a controlled substance, may be suspended
or revoked by the Commission upon a finding that the registrant:
          (1)     Has furnished false or fraudulent material
information in any application filed under this Article;
          (2)     Has been convicted of a felony under any State
or federal law relating to any controlled substance; or
          (3)     Has had his federal registration suspended or
revoked to manufacture, distribute, or dispense controlled
substances.
     (b)  The Commission may limit revocation or suspension of a
registration to the particular controlled substance with respect
to which grounds for revocation or suspension exist.
     (c)  Before denying, suspending, or revoking a registration
or refusing a renewal of registration, the Commission shall serve
upon the applicant or registrant an order to show cause why
registration should not be denied, revoked, or suspended, or why
the renewal should not be refused.  The order to show cause shall
contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the Commission at a time
and place not less than 30 days after the date of service of the
order, but in the case of a denial or renewal of registration,
the show cause order shall be served not later than 30 days
before the expiration of the registration.  These proceedings
shall be conducted in accordance with rules and regulations of
the Commission required by Chapter 150B of the General Statutes,
and subject to judicial review as provided in Chapter 150B of the
General Statutes.  Such proceedings shall be independent of, and
not in lieu of, criminal prosecutions or other proceedings under
this Article or any law of the State.
     (d)  The Commission may suspend, without an order to show
cause, any registration simultaneously with the institutions of
proceedings under this section, or where renewal of registration
is refused if it finds that there is an imminent danger to the
public health or safety which warrants this action.  The
suspension shall continue in effect until the conclusion of the
proceedings, including judicial review thereof, unless sooner
withdrawn by the Commission or dissolved by a court of competent
jurisdiction.
     (e)  In the event the Commission suspends or revokes a
registration granted under G.S. 90-102, all controlled substances
owned or possessed by the registrant pursuant to such
registration at the time of suspension or the effective date of
the revocation order, as the case may be, may in the discretion
of the Commission be placed under seal.  No disposition may be
made of substances under seal until the time for taking an appeal
has elapsed or until all appeals have been concluded unless a
court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court.  Upon a revocation order becoming final, all such
controlled substances may be ordered forfeited to the State.
     (f)  The Bureau shall promptly be notified of all orders
suspending or revoking registration. (1971, c. 919, s. 1; 1973,
c. 1331, s. 3; 1977, c. 667, s. 3; 1981, c. 51, s. 9; 1987, c.
827, s. 1.)

90-104. Records of registrants or practitioners.
     Each registrant or practitioner manufacturing, distributing,
or dispensing controlled substances under this Article shall keep
records and maintain inventories in conformance with the
record-keeping and the inventory requirements of the federal law
and shall conform to such rules and regulations as may be
promulgated by the Commission. (1971, c. 919, s. 1; 1977, c. 667,
s. 3; 1981, c. 51, s. 9.)

90-105. Order forms.
     Controlled substances included in Schedules I and II of this
Article shall be distributed only by a registrant or
practitioner, pursuant to an order form. Compliance with the
provisions of the Federal Controlled Substances Act or its
successor respecting order forms shall be deemed compliance with
this section. (1971, c. 919, s. 1.)

90-106. Prescriptions and labeling.
     (a) Except when dispensed directly by a practitioner, other
than a pharmacist, to an ultimate user, no controlled substance
included in Schedule II of this Article may be dispensed without
the written prescription of a practitioner.
     (b) In emergency situations, as defined by rule of the
Commission,  Schedule II drugs may be dispensed upon oral
prescription of a practitioner, reduced promptly to writing and
filed by the dispensing  agent. Prescriptions shall be retained
in conformity with the requirements of G.S. 90-104. No
prescription for a Schedule II substance may be refilled.
     (c) Except when dispensed directly by a practitioner, other
than a pharmacist, to an ultimate user, no controlled substance
included in Schedules III or IV, except paregoric, U.S.P., as
provided in G.S. 90- 91(e)1, may be dispensed without a
prescription, and oral prescriptions shall be promptly reduced to
writing and filed with the  dispensing agent. Such prescription
may not be filled or refilled more than six months after the date
thereof or be refilled more than five times after the date of the
prescription.
     (d) No controlled substance included in Schedule V of this
Article  or paregoric, U.S.P., may be distributed or dispensed
other than for a medical purpose.
     (e) No controlled substance included in Schedule VI of this
Article may be distributed or dispensed other than for scientific
or research  purposes by persons registered under, or permitted
by, this Article to engage in scientific or research projects.
     (f) No controlled substance shall be dispensed or
distributed in this State unless such substance shall be in a
container clearly labeled in accord with regulations lawfully
adopted and published by the federal government or the
Commission.
     (g) When a copy of a prescription for a controlled substance
under  this Article is given as required by G.S. 90-70, such copy
shall be plainly marked: "Copy -- for information only." Copies
of prescriptions for controlled substances shall not be filled or
refilled.
     (h) A pharmacist dispensing a controlled substance under
this Article shall enter the date of dispensing and shall write
his own signature on the face of the prescription pursuant to
which such controlled substance was dispensed.
     (i) A manufacturer's sales representative may distribute a
controlled substance as a complimentary sample only upon the
written request of a practitioner. Such request must be made on
each distribution and must contain the names and addresses of the
supplier and the requester and the name and quantity of the
specific controlled substance requested. The manufacturer shall
maintain a record of each such request for a period of two years.
(1971, c. 919, s. 1; 1973, c. 476, s. 128; c. 1358, s. 15; 1975,
c. 572; 1977, c. 667, s. 3; 1981, c. 51, s. 9.)


 90-107.  Prescriptions, stocks, etc., open to
inspection by officials.
     Prescriptions, order forms and records, required by this
Article, and stocks of controlled substances included in
Schedules I through VI of this Article shall be open for
inspection only to federal and State officers, whose duty it is
to enforce the laws of this State or of the United States
relating to controlled substances included in Schedules I through
VI of this Article, and to authorized employees of the North
Carolina Department of Health and Human Services. No officer
having knowledge by virtue of his office of any such
prescription, order, or record shall divulge such knowledge other
than to other law-enforcement officials or agencies, except in
connection with a prosecution or proceeding in court or before a
licensing board or officer to which prosecution or proceeding the
person to whom such prescriptions, orders, or records relate is a
party. (1971, c. 919, s. 1; 1973, c. 1358, s. 13; 1977, c. 667,
s. 3; 1997-443, s. 11A.118(a).)


 90-108.  Prohibited acts; penalties.
     (a)  It shall be unlawful for any person:
          (1)     Other than practitioners licensed under
Articles 1, 2, 4, 6, 11, 12A of this Chapter to represent to any
registrant or practitioner who manufactures, distributes, or
dispenses a controlled substance under the provision of this
Article that he is a licensed practitioner in order to secure or
attempt to secure any controlled substance as defined in this
Article or to in any way impersonate a practitioner for the
purpose of securing or attempting to secure any drug requiring a
prescription from a practitioner as listed above and who is
licensed by this State;
          (2)     Who is subject to the requirements of G.S. 90-
101 or a practitioner to distribute or dispense a controlled
substance in violation of G.S. 90-105 or 90-106;
          (3)     Who is a registrant to manufacture, distribute,
or dispense a controlled substance not authorized by his
registration to another registrant or other authorized person;
          (4)     To omit, remove, alter, or obliterate a symbol
required by the Federal Controlled Substances Act or its
successor;
          (5)     To refuse or fail to make, keep, or furnish any
record, notification, order form, statement, invoice or
information required under this Article;
          (6)     To refuse any entry into any premises or
inspection authorized by this Article;
          (7)     To knowingly keep or maintain any store, shop,
warehouse, dwelling house, building, vehicle, boat, aircraft, or
any place whatever, which is resorted to by persons using
controlled substances in violation of this Article for the
purpose of using such substances, or which is used for the
keeping or selling of the same in violation of this Article;
          (8)     Who is a registrant or a practitioner to
distribute a controlled substance included in Schedule I or II of
this Article in the course of his legitimate business, except
pursuant to an order form as required by G.S. 90-105;
          (9)     To use in the course of the manufacture or
distribution of a controlled substance a registration number
which is fictitious, revoked, suspended, or issued to another
person;
          (10)     To acquire or obtain possession of a
controlled substance by misrepresentation, fraud, forgery,
deception, or subterfuge;
          (11)     To furnish false or fraudulent material
information in, or omit any material information from, any
application, report, or other document required to be kept or
filed under this Article, or any record required to be kept by
this Article;
          (12)     To make, distribute, or possess any punch,
die, plate, stone, or other thing designed to print, imprint, or
reproduce the trademark, trade name, or other identifying mark,
imprint, or device of another or any likeness of any of the
foregoing upon any drug or container or labeling thereof so as to
render such drug a counterfeit controlled substance;
          (13)     To obtain controlled substances through the
use of legal prescriptions which have been obtained by the
knowing and willful misrepresentation to or by the intentional
withholding of information from one or more practitioners;
          (14)     Who is an employee of a registrant or
practitioner and who is authorized to possess controlled
substances or has access to controlled substances by virtue of
his employment, to embezzle or fraudulently or knowingly and
willfully misapply or divert to his own use or other unauthorized
or illegal use or to take, make away with or secrete, with intent
to embezzle or fraudulently or knowingly and willfully misapply
or divert to his own use or other unauthorized or illegal use any
controlled substance which shall have come into his possession or
under his care.
     (b)  Any person who violates this section shall be guilty of
a Class 1 misdemeanor. Provided, that if the criminal pleading
alleges that the violation was committed intentionally, and upon
trial it is specifically found that the violation was committed
intentionally, such violations shall be a Class I felony.  A
person who violates subdivision (7) of subsection (a) of this
section and also fortifies the structure, with the intent to
impede law enforcement entry, (by barricading windows and doors)
shall be punished as a Class I felon. (1971, c. 919, s. 1; 1973,
c. 1358, s. 11; 1979, c. 760, s. 5; 1983, c. 294, s. 7, c. 773;
1991 (Reg. Sess., 1992), c. 1041, s. 1; 1993, c. 539, s. 622;
1994, Ex. Sess., c. 24, s. 14(c).)


 90-109.  Licensing required.
     A facility for drug treatment as defined in G.S. 122C-
3(14)b. shall obtain the license required by Article 2 of Chapter
122C of the General Statutes permitting operation. Subject to
rules governing the operation and licensing of these facilities
set by the Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services, the Department of
Health and Human Services shall be responsible for issuing
licenses. These licensing rules shall be consistent with the
licensing rules adopted under Article 2 of Chapter 122C of the
General Statutes. (1971, c. 919, s. 1; 1973, c. 1361; 1977, c.
667, s. 3; 1981, c. 51, s. 9; 1983, c. 718, s. 2; 1985, c. 589,
s. 32; 1995, c. 509, s. 39; 1997-443, s. 11A.118(a).)


 90-109.1.  Treatment.
     (a)  A person may request treatment and rehabilitation for
drug dependence from a practitioner, and such practitioner or
employees thereof shall not disclose the name of such person to
any law-enforcement officer or agency; nor shall such information
be admissible as evidence in any court, grand jury, or
administrative proceeding unless authorized by the person seeking
treatment. A practitioner may undertake the treatment and
rehabilitation of such person or refer such person to another
practitioner for such purpose and under the same requirement of
confidentiality.
     (b)  An individual who requests treatment or rehabilitation
for drug dependence in a program where medical services are to be
an integral component of his treatment shall be examined and
evaluated by a practitioner before receiving treatment and
rehabilitation services. If a practitioner performs an initial
examination and evaluation, the practitioner shall prescribe a
proper course of treatment and medication, if needed. That
practitioner may authorize another practitioner to provide the
prescribed treatment and rehabilitation services.
     (c)  Every practitioner that provides treatment or
rehabilitation services to a person dependent upon drugs shall
periodically as required by the Secretary of the North Carolina
Department of Health and Human Services commencing January 1,
1972, make a statistical report to the Secretary of the North
Carolina Department of Health and Human Services in such form and
manner as the Secretary shall prescribe for each such person
treated or to whom rehabilitation services were provided. The
form of the report prescribed shall be furnished by the Secretary
of the North Carolina Department of Health and Human Services.
Such report shall include the number of persons treated or to
whom rehabilitation services were provided; the county of such
person's legal residence; the age of such person; the number of
such persons treated as inpatients and the number treated as
outpatients; the number treated who had received previous
treatment or rehabilitation services; and any other data required
by the Secretary. If treatment or rehabilitation services are
provided to a person by a hospital, public agency, or drug
treatment facility, such hospital, public agency, or drug
treatment facility shall coordinate with the treating medical
practitioner so that statistical reports required in this section
shall not duplicate one another. The Secretary shall cause all
such reports to be compiled into periodical reports which shall
be a public record. (1971, c. 919, s. 1; 1977, c. 667, s. 3;
1985, c. 439, s. 5; 1997-443, s. 11A.118(a).)

90-110. Injunctions.
     (a) The superior court of North Carolina shall have
jurisdiction in proceedings in accordance with the rules of those
courts to enjoin violations of this Article.
     (b) In case of an alleged violation of an injunction or
restraining order issued under this section, trial shall, upon
demand of the accused, be by a jury in accordance with the rules
of the superior courts of North Carolina. (1971, c. 919, s. 1.)


 90-111.  Cooperative arrangements.
     The North Carolina Department of Health and Human Services
and the Attorney General of North Carolina shall cooperate with
federal and other State agencies in discharging their
responsibilities concerning traffic in controlled substances and
in suppressing the abuse of controlled substances. To this end,
they are authorized to:
          (1)     Arrange for the exchange of information between
governmental officials concerning the use and abuse of controlled
substances;
          (2)     Coordinate and cooperate in training programs
on controlled substances for law enforcement at the local and
State levels;
          (3)     Cooperate with the Bureau by establishing a
centralized unit which will accept, catalogue, file, and collect
statistics, including records of drug-dependent persons and other
controlled substance law offenders within the State, and make
such information available for federal, State, and local law-
enforcement purposes. Provided that neither the Attorney General
of North Carolina, the North Carolina Department of Health and
Human Services nor any other State officer or agency shall be
authorized to accept or file, or give out the names or other form
of personal identification of drug-dependent persons who
voluntarily seek treatment or assistance related to their drug
dependency. (1971, c. 919, s. 1; 1977, c. 667, s. 3; 1997-443, s.
11A.118(a).)

 90-112. Forfeitures.
     (a) The following shall be subject to forfeiture:
          (1)     All controlled substances which have been
manufactured, distributed, dispensed, or acquired in violation of
the provisions of this Article;
          (2)     All money, raw material, products, and
equipment of any kind which are acquired, used, or intended for
use, in selling, purchasing, manufacturing, compounding,
processing, delivering, importing, or exporting a controlled
substance in violation of the provisions of this Article;
          (3)     All property which is used, or intended for
use, as a container for property described in subdivisions (1)
and (2);
          (4)     All conveyances, including vehicles, vessels,
or aircraft, which are used or intended for use to unlawfully
conceal, convey, or transport, or in any manner to facilitate the
unlawful concealment, conveyance, or transportation of property
described in (1) or (2), except that
               a.     No conveyance used by any person as a
common carrier in the transaction of business as a common carrier
shall be forfeited under the provisions of this Article unless it
shall appear that the owner or other person in charge of such
conveyance was a consenting party or privy to a violation of this
Article;
               b.     No conveyance shall be forfeited under the
provisions of this section by reason of any act or omission,
committed or omitted while such conveyance was unlawfully in the
possession of a person other than the owner in violation of the
criminal laws of the United States, or of any state;
               c.     No conveyance shall be forfeited unless the
violation involved is a felony under this Article;
               d.     A forfeiture of a conveyance encumbered by
a bona fide security interest is subject to the interest of the
secured party who had no knowledge of or consented to the act or
omission.
          (5)     All books, records, and research, including
formulas, microfilm, tapes, and data which are used, or intended
for use, in violation of this Article.
     (b) Any property subject to forfeiture under this Article
may be seized by any law-enforcement officer upon process issued
by any district or superior court having jurisdiction over the
property except that seizure without such process may be made
when:
          (1)     The seizure is incident to an arrest or a
search under a search warrant;
          (2)     The property subject to seizure has been the
subject of a prior judgment in favor of the State in a criminal
injunction or forfeiture proceeding under this Article.
     (c) Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in custody of the
law-enforcement agency seizing it, which may:
          (1)     Place the property under seal; or,
          (2)     Remove the property to a place designated by
it; or,
          (3)     Request that the North Carolina Department of
Justice take custody of the property and remove it to an
appropriate location for disposition in accordance with law.
Any property seized by a State, local, or county law enforcement
officer shall be held in safekeeping as provided in this
subsection until an order of disposition is properly entered by
the judge.
     (d) Whenever property is forfeited under this Article, the
law-enforcement agency having custody of it may:
          (1)     Retain the property for official use; or
          (2)     Sell any forfeited property which is not
required to be destroyed by law and which is not harmful to the
public, provided that the proceeds be disposed of for payment of
all proper expenses of the proceedings for forfeiture and sale
including expense of seizure, maintenance of custody,
advertising, and court costs; or
          (3)     Transfer any conveyance including vehicles,
vessels, or aircraft which are forfeited under the provisions of
this Article to the North Carolina Department of Justice when, in
the discretion of the presiding judge and upon application of the
North Carolina Department of Justice, said conveyance may be of
official use to the North Carolina Department of Justice;
          (4)     Upon determination by the director of any
law-enforcement agency that a vehicle, vessel or aircraft
transferred pursuant to the provisions of this Article is of no
further use to said agency for use in official investigations,
such vehicle, vessel or aircraft may be sold as surplus property
in the same manner as other vehicles owned by the law-enforcement
agency and the proceeds from such sale after deducting the cost
of sale shall be paid to the treasurer or proper officer
authorized to receive fines and forfeitures to be used for the
school fund of the county in the county in which said vehicle,
vessel or aircraft was seized; provided, that any vehicle
transferred to any law-enforcement agency under the provisions of
this Article which has been modified to increase speed shall be
used in the performance of official duties only and not for
resale, transfer or disposition other than as junk.
     (d1) Notwithstanding the provisions of subsection (d), the
law-enforcement agency having custody of money that is forfeited
pursuant to this section shall pay it to the treasurer or proper
officer authorized to receive fines and forfeitures to be used
for the school fund of the county in which the money was seized.
     (e) All substances included in Schedules I through VI that
are possessed, transferred, sold, or offered for sale in
violation of the provisions of this Article shall be deemed
contraband and seized and summarily forfeited to the State. All
substances included in Schedules I through VI of this Article
which are seized or come into the possession of the State, the
owners of which are unknown, shall be deemed contraband and
summarily forfeited to the State according to rules and
regulations of the North Carolina Department of Justice.
     All species of plants from which controlled substances
included in Schedules I, II and VI of this Article may be
derived, which have been planted or cultivated in violation of
this Article, or of which the owners or cultivators are unknown,
or which are wild growths, may be seized and summarily forfeited
to the State.
     The failure, upon demand by the Attorney General of North
Carolina, or his duly authorized agent, of the person in
occupancy or in control of land or premises upon which such
species of plants are growing or being stored, to produce an
appropriate registration, or proof that he is the holder thereof,
shall constitute authority for the seizure and forfeiture.
     (f) All other property subject to forfeiture under the
provisions of this Article shall be forfeited as in the case of
conveyances used to conceal, convey, or transport intoxicating
beverages. (1971, c. 919, s. 1; 1973, cc. 447, 542; c. 1446, s.
6; 1983, c. 528, ss. 1-3; 1989, c. 772, s. 4.)

90-112.1. Remission or mitigation of forfeitures; possession
pending trial.
     (a) Whenever, in any proceeding in court for a forfeiture,
under G.S. 90-112 of any conveyance seized for a violation of
this Article the court shall have exclusive jurisdiction to
continue, remit or mitigate the forfeiture.
     (b) In any such proceeding the court shall not allow the
claim of any claimant for remission or mitigation unless and
until he proves (i) that he has an interest in such conveyance,
as owner or otherwise, which he acquired in good faith; (ii) that
he had no knowledge, or reason to believe, that it was being or
would be used in the violation of laws of this State relating to
controlled substances; (iii) that his interest is in an amount in
excess or equal to the fair market value of such conveyance.
     (c) If the court, in its discretion, allows the remission or
mitigation the conveyance shall be returned to the claimant; and
should there be joint request of any two or more claimants, whose
claims are allowed, the court shall order the return of the
conveyance to such of the joint requesting claimants as have the
prior claim on lien. Such return shall be made only upon payment
of all expenses incident to the seizure and forfeiture incurred
by the State. In all other cases the court shall order
disposition of such conveyance as provided in G.S. 90-112, and
after satisfaction of the expenses of the sale, and such claims
as may be approved by the court, the funds shall be paid to the
treasurer or proper officer authorized to receive fines and
forfeitures to be used for the school fund of the county in which
said vehicle was seized.
     (d) If the court should determine that the conveyance should
be held for purposes of evidence, then it may order the vehicle
to be held until the case is heard. (1975, c. 601.)

90-113. Repealed by Session Laws 1973, c. 540, s. 7.

90-113.1. Burden of proof; liabilities.
     (a) It shall not be necessary for the State to negate any
exemption or exception set forth in this Article in any
complaint, information, indictment, or other pleading or in any
trial, hearing, or other proceeding under this Article, and the
burden of proof of any such exemption or exception shall be upon
the person claiming its benefit.
     (b) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under this  Article, he shall be presumed not to be the
holder of such registration or form, and the burden of proof
shall be upon him to rebut such presumption.
     (c) No liability shall be imposed by virtue of this Article
upon any duly authorized officer, engaged in the lawful
enforcement of this Article. (1971, c. 919, s. 1.)

 90-113.2.  Judicial review.
     All final determinations, findings, and conclusions of the
Commission under this Article shall be final and conclusive
decisions of the matters involved, except that any person
aggrieved by such decision may obtain review of the decision as
provided in Chapter 150B of the General Statutes.  Findings of
fact by the Commission, if supported by substantial evidence,
shall be conclusive. (1971, c. 919, s. 1; 1973, c. 476, s. 128;
c. 1331, s. 3; 1977, c. 667, s. 3; c. 891, s. 5; 1981, c. 51, s.
9; 1987, c. 827, s. 1.)


 90-113.3.  Education and research.
     (a)  The North Carolina Department of Public Instruction and
the Board of Governors of the University of North Carolina are
authorized and directed to carry out educational programs
designed to prevent and deter misuse and abuse of controlled
substances. In connection with such programs, they are authorized
to:
          (1)     Promote better recognition of the problems of
misuse and abuse of controlled substances within the regulated
industry and among interested groups and organizations;
          (2)     Assist the regulated industry and interested
groups and organizations in contributing to the reduction of
misuse and abuse of controlled substances; and
          (3)     Disseminate the results of research on misuse
and abuse of controlled substances to promote a better public
understanding of what problems exist and what can be done to
combat them.
     (b)  The North Carolina Department of Public Instruction and
the Board of Governors of the University of North Carolina or
either of them may enter into contracts for educational
activities related to controlled substances.
     (c)  The North Carolina Department of Health and Human
Services is authorized and directed to encourage research on
misuse and abuse of controlled substances. In connection with
such research and in furtherance of the enforcement of this
Article, it is authorized to:
          (1)     Establish methods to assess accurately the
effects of controlled substances and to identify and characterize
controlled substances with potential for abuse;
          (2)     Make studies and undertake programs of research
to:
               a.     Develop new or improved approaches,
techniques, systems, equipment, and devices to strengthen the
enforcement of this Article;
               b.     Determine patterns of misuse and abuse of
controlled substances and the social effect thereof; and
               c.     Improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of
controlled substances.
          (3)     Enter into contracts with other public
agencies, any district attorney, institutions of higher
education, and private organizations or individuals for the
purpose of conducting research, demonstrations, or special
projects which bear directly on misuse and abuse of controlled
substances.
     (d)  The North Carolina Department of Health and Human
Services may enter into contracts for research activities related
to controlled substances, and the North Carolina Department of
Public Instruction and the Board of Governors of the University
of North Carolina or either of them may enter into contracts for
educational activities related to controlled substances, without
performance bonds.
     (e)  The North Carolina Department of Health and Human
Services may authorize persons engaged in research on the use and
effects of controlled substances to withhold the names and other
identifying characteristics of persons who are the subjects of
such research. Persons who obtain this authorization may not be
compelled in any State civil, criminal, administrative,
legislative, or other proceeding to identify the subjects of
research for which such authorization was obtained.
     (f)  The North Carolina Department of Health and Human
Services may authorize persons engaged in research to possess and
distribute controlled substances in accordance with such
restrictions as the authorization may impose. Persons who obtain
this authorization shall be exempt from State prosecution for
possession and distribution of controlled substances to the
extent authorized by the North Carolina Department of Health and
Human Services. (1971, c. 919, s. 1; c. 1244, s. 14; 1973, c.
476, s. 128; 1977, c. 667, s. 3; 1981, c. 218; 1997-443, s.
11A.118(a).)

90-113.4. Repealed by Session Laws 1981, c. 500, s. 2,
effective October 1, 1981.

 90-113.4A:  Repealed by Session Laws 1989, c.
784, s. 4.

90-113.5. State Board of Pharmacy, North Carolina Department
of Justice and peace officers to enforce Article.
     It is hereby made the duty of the State Board of Pharmacy,
its officers, agents, inspectors, and representatives, and all
peace officers within the State, including agents of the North
Carolina Department of Justice, and all State's attorneys, to
enforce all provisions of this Article, except those specifically
delegated, and to cooperate with all agencies charged with the
enforcement of the laws of the United States, of this State, and
of all other states, relating to controlled substances. The North
Carolina Department of Justice is hereby authorized to make
initial investigation of all violations of this Article, and is
given original but not exclusive jurisdiction in respect thereto
with all other law-enforcement officers of the State. (1971, c.
919, s. 1.)

90-113.6. Payments and advances.
     (a) The Attorney General is authorized to pay any person,
from funds appropriated for the North Carolina Department of
Justice,  for information concerning a violation of this Article,
such sum or sums of money as he may find appropriate, without
reference to any rewards to which such persons may otherwise be
entitled by law.
     (b) Moneys expended from appropriations of the North
Carolina Department of Justice for the purchase of controlled
substances or other substances proscribed by this Article which
is subsequently recovered shall be reimbursed to the current
appropriation for the Department.
     (c) The Attorney General is authorized to direct the advance
of funds by the State Treasurer in connection with the
enforcement of this Article. (1971, c. 919, s. 1.)

90-113.7. Pending proceedings.
     (a) Prosecutions for any violation of law occurring prior to
January 1, 1972, shall not be affected by these repealers, or
amendments, or abated by reason, thereof.
     (b) Civil seizures or forfeitures and injunctive proceedings
commenced prior to January 1, 1972, shall not be affected by
these repealers, or amendments, or abated by reason, thereof.
     (c) All administrative proceedings pending on January 1,
1972, shall be continued and brought to final determination in
accord with laws and regulations in effect prior to January 1,
1972. Such drugs placed under control prior to January 1, 1972,
which are not included within Schedules I through VI of this
Article shall automatically be controlled and listed in the
appropriate schedule.
     (d) The provisions of this Article shall be applicable to
violations of law, seizures and forfeiture, injunctive
proceedings, administrative proceedings, and investigations which
occur following January 1, 1972. (1971, c. 919, s. 1.)

90-113.8. Continuation of regulations.
     Any orders, rules, and regulations which have been
promulgated under any law affected by this act [c. 919 of the
1971 Session Laws] and which are in effect on the day preceding
January 1, 1972, shall continue in effect until modified,
superseded, or repealed by proper authority. (1971, c. 919, s.
2.)
                                
                       ARTICLE 5A. 

                                
            North Carolina Toxic Vapors Act. 

                                

90-113.8A. Title.
     This Article shall be known and may be cited as the "North
Carolina Toxic Vapors Act." (1971, c. 1208, s. 1.)


 90-113.9.  Definitions.
     For purposes of this Article, unless the context requires
otherwise,
          (1)     "Intoxication" means drunkenness, stupefaction,
depression, giddiness, paralysis, irrational behavior, or other
change, distortion, or disturbance of the auditory, visual, or
mental processes.
          (2)     "Commission" means the Commission for Mental
Health, Developmental Disabilities, and Substance Abuse Services,
established under Part 4 of Article 3 of Chapter 143B of the
General Statutes. (1971, c. 1208, s. 1; 1979, c. 671, s. 1; 1981,
c. 51, s. 10; 1995, c. 509, s. 40.)

90-113.10. Inhaling fumes for purpose of causing
intoxication.
     It is unlawful for any person to knowingly breathe or inhale
any compound, liquid, or chemical containing toluol, hexane,
trichloroethane, isopropanol, methyl isobutyl ketone, methyl
cellosolve acetate, cyclohexanone, or any other substance for the
purpose of inducing a condition of intoxication. This section
does not apply to any person using as an inhalant any chemical
substance pursuant to the direction of a physician or dentist.
(1971, c. 1208, s. 1; 1979, c. 671, s. 2.)

90-113.11. Possession of substances.
     It is unlawful for any person to possess any compound,
liquid, or chemical containing toluol, hexane, trichloroethane,
isopropanol, methyl isobutyl ketone, methyl cellosolve acetate,
cyclohexanone, or any other substance which will induce a
condition of intoxication through inhalation for the purpose of
violating G.S. 90- 113.10. (1971, c. 1208, s. 1; 1979, c. 671, s.
3.)

90-113.12. Sale of substance.
     It is unlawful for any person to sell, offer to sell,
deliver, give, or possess with the intent to sell, deliver, or
give any other person any compound, liquid, or chemical
containing toluol, hexane, trichloroethane, isopropanol, methyl
isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any
other substance which will induce a condition of intoxication
through inhalation if he has reasonable cause to suspect that the
product sold, offered for sale, given, delivered, or possessed
with the intent to sell, give, or deliver, will be used for the
purpose of violating G.S. 90-113.10. (1971, c. 1208, s. 1; 1979,
c. 671, s. 4.)


 90-113.13.  Violation a misdemeanor.
     Violation of this Article is a Class 1 misdemeanor. (1979,
c. 671, s. 5; 1993, c. 539, s. 623; 1994, Ex. Sess., c. 24, s.
14(c).)


 90-113.14.  Conditional discharge and
expunction of records for first offenses.
     (a)  Whenever any person who has not previously been
convicted of any offense under this Article or under any statute
of the United States or any state relating to those substances
included in Article 5 or 5A or 5B of Chapter 90 pleads guilty to
or is found guilty of inhaling or possessing any substance having
the property of releasing toxic vapors or fumes in violation of
Article 5A of Chapter 90, the court may, without entering a
judgment of guilt and with the consent of such person, defer
further proceedings and place him on probation upon such
reasonable terms and conditions as it may require.
Notwithstanding the provisions of G.S. 15A-1342(c) or any other
statute or law, probation may be imposed under this section for
an offense under this Article for which the prescribed punishment
includes only a fine. To fulfill the terms and conditions of
probation the court may allow the defendant to participate in a
drug education program approved for this purpose by the
Department of Health and Human Services. Upon violation of a term
or condition, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge such person and dismiss the
proceedings against him. Discharge and dismissal under this
section shall be without court adjudication of guilt and shall
not be deemed a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon
conviction of a crime including the additional penalties imposed
for second or subsequent convictions. Discharge and dismissal
under this section or G.S. 90-96 may occur only once with respect
to any person. Disposition of a case to determine discharge and
dismissal under this section at the district court division of
the General Court of Justice shall be final for the purpose of
appeal. Prior to taking any action to discharge or dismiss under
this section the court shall make a finding that the defendant
has no record of previous convictions under the "North Carolina
Toxic Vapors Act", Article 5A, Chapter 90, the "North Carolina
Controlled Substances Act", Article 5, Chapter 90, or the "Drug
Paraphernalia Act", Article 5B, Chapter 90.
     (a1)  Upon the first conviction only of any offense included
in G.S. 90-113.10 or 90-113.11 and subject to the provisions of
this subsection (a1), the court may place defendant on probation
under this section for an offense under this Article including an
offense for which the prescribed punishment includes only a fine.
The probation, if imposed, shall be for not less than one year
and shall contain a minimum condition that the defendant who was
found guilty or pleads guilty enroll in and successfully
complete, within 150 days of the date of the imposition of said
probation, the program of instruction at the drug education
school approved by the Department of Health and Human Services
pursuant to G.S. 90-96.01. The court may impose probation that
does not contain a condition that defendant successfully complete
the program of instruction at a drug education school if:
          (1)     There is no drug education school within a
reasonable distance of the defendant's residence; or
          (2)     There are specific, extenuating circumstances
which make it likely that defendant will not benefit from the
program of instruction.
The court shall enter such specific findings in the record;
provided that in the case of subsection (2) above, such findings
shall include the specific, extenuating circumstances which make
it likely that the defendant will not benefit from the program of
instruction.
     For the purpose of determining whether the conviction is a
first conviction or whether a person has already had discharge
and dismissal, no prior offense occurring more than seven years
before the date of the current offense shall be considered. In
addition, convictions for violations of a provision of G.S. 90-
95(a)(1) or 90-95(a)(2) or 90-95(a)(3), or 90-113.10, or 90-
113.11, or 90-113.12, or 90-113.21 shall be considered previous
convictions.
     Failure to complete successfully an approved program of
instruction at a drug education school shall constitute grounds
to revoke probation and deny application for expunction of all
recordation of defendant's arrest, indictment, or information,
trial, finding of guilty, and dismissal and discharge pursuant to
this section. For purposes of this subsection, the phrase
"failure to complete successfully the prescribed program of
instruction at a drug education school" includes failure to
attend scheduled classes without a valid excuse, failure to
complete the course within 150 days of imposition of probation,
willful failure to pay the required fee for the course, or any
other manner in which the person fails to complete the course
successfully. The instructor of the course to which a person is
assigned shall report any failure of a person to complete
successfully the program of instruction to the court which
imposed probation. Upon receipt of the instructor's report that
the person failed to complete the program successfully, the court
shall revoke probation and/or deny application for expunction of
all recordation of defendant's arrest, indictment, or
information, trial, finding of guilty, and dismissal and
discharge pursuant to this section. A person may obtain a hearing
before the court of original jurisdiction prior to revocation of
probation or denial of application for expunction.
     This subsection is supplemental and in addition to existing
law and shall not be construed so as to repeal any existing
provision contained in the General Statutes of North Carolina.
     (b)  Upon the dismissal of such person, and discharge of the
proceedings against him under subsection (a) of this section,
such person, if he were not over 21 years of age at the time of
the offense, may apply to the court for an order to expunge from
all official records (other than the confidential file to be
retained by the Administrative Office of the Courts under
subsection (c)) all recordation relating to his arrest,
indictment or information, trial, finding of guilty, and
dismissal and discharge pursuant to this section. The applicant
shall attach to the application the following:
          (1)     An affidavit by the applicant that he has been
of good behavior during the period of probation since the
decision to defer further proceedings on the misdemeanor in
question and has not been convicted of any felony, or
misdemeanor, other than a traffic violation, under the laws of
the United States or the laws of this State or any other state;
          (2)     Verified affidavits by two persons who are not
related to the applicant or to each other by blood or marriage,
that they know the character and reputation of the petitioner in
the community in which he lives, and that his character and
reputation are good;
          (3)     Affidavits of the clerk of superior court,
chief of police, where appropriate, and sheriff of the county in
which the petitioner was convicted, and, if different, the county
of which the petitioner is a resident, showing that the applicant
has not been convicted of a felony or misdemeanor other than a
traffic violation under the laws of this State at any time prior
to the conviction for the misdemeanor in question or during the
period of probation following the decision to defer further
proceedings on the misdemeanor in question.
     The judge to whom the petition is presented is authorized to
call upon a probation officer for any additional investigation or
verification of the petitioner's conduct during the probationary
period deemed desirable.
     If the court determines, after hearing, that such person was
dismissed and the proceedings against him discharged and that he
was not over 21 years of age at the time of the offense, it shall
enter such order. The effect of such order shall be to restore
such person in the contemplation of the law to the status he
occupied before such arrest or indictment or information. No
person as to whom such order was entered shall be held thereafter
under any provision of any law to be guilty of perjury or
otherwise giving a false statement by reason of his failures to
recite or acknowledge such arrest, or indictment or information,
or trial in response to any inquiry made of him for any purpose.
     The court shall also order that said conviction and the
records relating thereto be expunged from the records of the
court, and direct all law-enforcement agencies bearing records of
the same to expunge their records of the conviction. The clerk
shall forward a certified copy of the order to the sheriff, chief
of police or other arresting agency, as appropriate, and the
sheriff, chief of police or other arresting agency, as
appropriate, shall forward such order to the State Bureau of
Investigation with a form supplied by the State Bureau of
Investigation. The State Bureau of Investigation shall forward
the court order in like manner to the Federal Bureau of
Investigation.
     (c)  The clerk of superior court in each county in North
Carolina shall, as soon as practicable after each term of court
in his county, file with the Commission, the names of all persons
convicted under such Articles, together with the offense or
offenses of which such persons were convicted. The clerk shall
also file with the Administrative Office of the Courts the names
of those persons granted a conditional discharge under the
provisions of this Article, and the Administrative Office of the
Court shall maintain a confidential file containing the names of
persons granted conditional discharges. The information contained
in such file shall be disclosed only to judges of the General
Court of Justice of North Carolina for the purpose of
ascertaining whether any person charged with an offense under
Article 5 or 5A has been previously granted a conditional
discharge.
     (d)  Whenever any person is charged with a misdemeanor under
this Article by possessing a controlled substance included within
Schedules II through VI of this Article, or by possessing drug
paraphernalia as prohibited by G.S. 90-113.21 upon dismissal by
the State of the charges against him or upon entry of a nolle
prosequi or upon a finding of not guilty or other adjudication of
innocence, such person may apply to the court for an order to
expunge from all official records all recordation relating to his
arrest, indictment, or information, and trial. If the court
determines, after hearing that such person was not over 21 years
of age at the time any of the proceedings against him occurred,
it shall enter such order. No person as to whom such order has
been entered shall be held thereafter under any provision of any
law to be guilty of perjury or otherwise giving a false statement
by reason of his failures to recite or acknowledge such arrest,
or indictment, or information, or trial in response to any
inquiry made of him for any purpose.
     (e)  Whenever any person who has not previously been
convicted of an offense under this Article or under any statute
of the United States or any state relating to controlled
substances included in any schedule of this Article or to that
paraphernalia included in Article 5B of Chapter 90 pleads guilty
to or has been found guilty of a misdemeanor under this Article
by possessing a controlled substance included within Schedules II
through VI of this Article, the court may, upon application of
the person not sooner than 12 months after conviction, order
cancellation of the judgment of conviction and expunction of the
records of his arrest, indictment, or information, trial and
conviction. A conviction in which the judgment of conviction has
been cancelled and the records expunged pursuant to this section
shall not be thereafter deemed a conviction for purposes of this
section or for purposes of disqualifications or liabilities
imposed by law upon conviction of a crime including the
additional penalties imposed for second or subsequent convictions
of this Article. Cancellation and expunction under this section
may occur only once with respect to any person. Disposition of a
case under this section at the district court division of the
General Court of Justice shall be final for the purpose of
appeal.
     The granting of an application filed under this section
shall cause the issue of an order to expunge from all official
records (other than the confidential file to be retained by the
Administrative Office of the Courts under subsection (c)) all
recordation relating to his arrest, indictment, or information,
trial, finding of guilty, judgment of conviction, cancellation of
the judgment, and expunction of records pursuant to this section.
     The judge to whom the petition is presented is authorized to
call upon a probation officer for additional investigation or
verification of the petitioner's conduct since conviction. If the
court determines that the petitioner was convicted of a
misdemeanor under this Article for possessing a controlled
substance included within Schedules II through VI of this
Article, or for possessing drug paraphernalia as prohibited by
G.S. 90-113.21, that he was not over 21 years of age at the time
of the offense, that he has been of good behavior since his
conviction, that he has successfully completed a drug education
program approved for this purpose by the Department of Health and
Human Services, and that he has not been convicted of a felony or
misdemeanor other than a traffic violation under the laws of this
State at any time prior to or since the conviction for the
misdemeanor in question, it shall enter an order of expunction of
the petitioner's court record. The effect of such order shall be
to restore the petitioner in the contemplation of the law to the
status he occupied before such arrest or indictment or
information or conviction. No person as to whom such order was
entered shall be held thereafter under any provision of any law
to be guilty of perjury or otherwise giving a false statement by
reason of his failures to recite or acknowledge such arrest, or
indictment or information, or conviction, or trial in response to
any inquiry made of him for any purpose. The judge may waive the
condition that the petitioner attend the drug education school if
the judge makes a specific finding that there was no drug
education school within a reasonable distance of the defendant's
residence or that there were specific extenuating circumstances
which made it likely that the petitioner would not benefit from
the program of instruction.
     The court shall also order that all law-enforcement agencies
bearing records of the conviction and records relating thereto to
expunge their records of the conviction. The clerk shall forward
a certified copy of the order to the sheriff, chief of police, or
other arresting agency, as appropriate, and the arresting agency
shall forward the order to the State Bureau of Investigation with
a form supplied by the State Bureau of Investigation. The State
Bureau of Investigation shall forward the court order in like
manner to the Federal Bureau of Investigation.
     The clerk of superior court in each county in North Carolina
shall, as soon as practicable after each term of court in his
county, file with the Administrative Office of the Courts the
names of those persons whose judgments of convictions have been
cancelled and expunged under the provisions of this Article, and
the Administrative Office of the Courts shall maintain a
confidential file containing the names of persons whose judgments
of convictions have been cancelled and expunged. The information
contained in the file shall be disclosed only to judges of the
General Court of Justice of North Carolina for the purpose of
ascertaining whether any person charged with an offense under
this Article has been previously granted cancellation and
expunction of a judgment of conviction pursuant to the terms of
this Article. (1971, c. 1078; 1975, c. 650, ss. 3, 4; 1977, c.
642, s. 3; 1979, c. 431, ss. 3, 4; 1981, c. 51, s. 11; c. 922,
ss. 5-7; 1997-443, s. 11A.118(a).)

90-113.15 to 90-113.19. Reserved for future codification
purposes.


                       ARTICLE 5B. 

                   Drug Paraphernalia. 


90-113.20. Title.
     This Article shall be known and may be cited as the "North
Carolina Drug Paraphernalia Act." (1981, c. 500, s. 1.)

90-113.21. General provisions.
     (a) As used in this Article, "drug paraphernalia" means all
equipment, products and materials of any kind that are used to
facilitate, or intended or designed to facilitate, violations of
the Controlled Substances Act, including planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, and concealing
controlled substances and injecting, ingesting, inhaling, or
otherwise introducing controlled substances into the human body.
"Drug paraphernalia" includes, but is not limited to, the
following:
     (1) Kits for planting, propagating, cultivating, growing, or
  harvesting any species of plant which is a controlled substance
             or from which a controlled substance can be derived;
  (2) Kits for manufacturing, compounding, converting, producing,
                  processing, or preparing controlled substances;
      (3) Isomerization devices for increasing the potency of any
                species of plant which is a controlled substance;
(4) Testing equipment for identifying, or analyzing the strength,
               effectiveness, or purity of controlled substances;
     (5) Scales and balances for weighing or measuring controlled
                                                      substances;
    (6) Diluents and adulterants, such as quinine, hydrochloride,
         mannitol, mannite, dextrose, and lactose for mixing with
                                           controlled substances;
     (7) Separation gins and sifters for removing twigs and seeds
              from, or otherwise cleaning or refining, marijuana;
  (8) Blenders, bowls, containers, spoons, and mixing devices for
                               compounding controlled substances;
       (9) Capsules, balloons, envelopes and other containers for
             packaging small quantities of controlled substances;
      (10) Containers and other objects for storing or concealing
                                           controlled substances;
         (11) Hypodermic syringes, needles, and other objects for
      parenterally injecting controlled substances into the body;
   (12) Objects for ingesting, inhaling, or otherwise introducing
  marijuana, cocaine, hashish, or hashish oil into the body, such
                                                              as:
     a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
 pipes with or without screens, permanent screens, hashish heads,
                                        or punctured metal bowls;
                                                  b. Water pipes;
                                c. Carburetion tubes and devices;
                                d. Smoking and carburetion masks;
     e. Objects, commonly called roach clips, for holding burning
     material, such as a marijuana cigarette, that has become too
                       small or too short to be held in the hand;
                   f. Miniature cocaine spoons and cocaine vials;
                                                g. Chamber pipes;
                                             h. Carburetor pipes;
                                               i. Electric pipes;
                                             j. Air-driven pipes;
                                                     k. Chillums;
                                                        l. Bongs;
                                        m. Ice pipes or chillers.
     (b) The following, along with all other relevant evidence,
may be considered in determining whether an object is drug
paraphernalia:
   (1) Statements by the owner or anyone in control of the object
                                              concerning its use;
 (2) Prior convictions of the owner or other person in control of
          the object for violations of controlled substances law;
 (3) The proximity of the object to a violation of the Controlled
                                                  Substances Act;
       (4) The proximity of the object to a controlled substance;
(5) The existence of any residue of a controlled substance on the
                                                          object;
     (6) The proximity of the object to other drug paraphernalia;
    (7) Instructions provided with the object concerning its use;
  (8) Descriptive materials accompanying the object explaining or
                                               depicting its use;
                              (9) Advertising concerning its use;
       (10) The manner in which the object is displayed for sale;
 (11) Whether the owner, or anyone in control of the object, is a
   legitimate supplier of like or related items to the community,
   such as a seller of tobacco products or agricultural supplies;
    (12) Possible legitimate uses of the object in the community;
                        (13) Expert testimony concerning its use;
   (14) The intent of the owner or other person in control of the
      object to deliver it to persons whom he knows or reasonably
 should know intend to use the object to facilitate violations of
             the Controlled Substances Act. (1981, c. 500, s. 1.)


 90-113.22.  Possession of drug
paraphernalia.
     (a)  It is unlawful for any person to knowingly use, or to
possess with intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, package,
repackage, store, contain, or conceal a controlled substance
which it would be unlawful to possess, or to inject, ingest,
inhale, or otherwise introduce into the body a controlled
substance which it would be unlawful to possess.
     (b)  Violation of this section is a Class 1 misdemeanor.
(1981, c. 500, s. 1; 1993, c. 539, s. 624; 1994, Ex. Sess., c.
24, s. 14(c).)


 90-113.23.  Manufacture or delivery of drug
paraphernalia.
     (a)  It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver, drug
paraphernalia knowing that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, package, repackage,
store, contain, or conceal a controlled substance which it would
be unlawful to possess, or that it will be used to inject,
ingest, inhale, or otherwise introduce into the body a controlled
substance which it would be unlawful to possess.
     (b)  Delivery, possession with intent to deliver, or
manufacture with intent to deliver, of each separate and distinct
item of drug paraphernalia is a separate offense.
     (c)  Violation of this section is a Class 1 misdemeanor.
However, delivery of drug paraphernalia by a person over 18 years
of age to someone under 18 years of age who is at least three
years younger than the defendant shall be punishable as a Class I
felony. (1981, c. 500, s. 1; c. 903, s. 1; 1993, c. 539, s. 625;
1994, Ex. Sess., c. 24, s. 14(c).)


 90-113.24.  Advertisement of drug
paraphernalia.
     (a)  It is unlawful for any person to purchase or otherwise
procure an advertisement in any newspaper, magazine, handbill, or
other publication, or purchase or otherwise procure an
advertisement on a billboard, sign, or other outdoor display,
when he knows that the purpose of the advertisement, in whole or
in part, is to promote the sale of objects designed or intended
for use as drug paraphernalia described in this Article.
     (b)  Violation of this section is a Class 2 misdemeanor.
(1981, c. 500, s. 1; c. 903, s. 1; 1993, c. 539, s. 626; 1994,
Ex. Sess., c. 24, s. 14(c).)

                           ARTICLE 5C.
          North Carolina Substance Abuse Professionals
                       Certification Act.

 90-113.30. Declaration of purpose.
     The North Carolina Substance Abuse Professional
Certification Board, established by G.S. 90-113.32, is recognized
as the certifying authority for substance abuse professionals
described in this Article in order to safeguard the public
health, safety, and welfare, to protect the public from being
harmed by unqualified persons, to assure the highest degree of
professional care and conduct on the part of certified substance
abuse professionals, to provide for the establishment of
standards for the education of certified substance abuse
professionals, and to ensure the availability of certified
substance abuse professional services of high quality to persons
in need of these services. It is the purpose of this Article to
provide for the regulation of Board-certified persons offering
substance abuse counseling services, substance abuse prevention
services, or any other substance abuse services for which the
Board may grant certification. (1993 (Reg. Sess., 1994), c. 685,
s. 1; 1997-492, s. 1.)


 90-113.31.  Definitions.
     The following definitions shall apply in this Article:
          (1)     Board. -- The North Carolina Substance Abuse
Professional Certification Board.
          (1a)     Certified clinical addictions specialist. -- A
person certified by the Board to practice as a clinical
addictions specialist in accordance with the provisions of this
Article.
          (1b)     Certified clinical supervisor. -- A person
certified by the Board to practice as a clinical supervisor in
accordance with the provisions of this Article.
          (1c)     Certified residential facility director. -- A
person certified by the Board to practice as a residential
facility director in accordance with the provisions of this
Article.
          (2)     Certified substance abuse counselor. -- A
person certified by the Board to practice as a substance abuse
counselor in accordance with the provisions of this Article.
          (3)     Repealed by S.L. 1997-492, s. 2.
          (4)     Certified substance abuse prevention
consultant. -- A person certified by the Board to practice
substance abuse prevention in accordance with the provisions of
this Article.
          (4a)     Credentialing body. -- A board that licenses,
certifies, or regulates a profession or practice.
          (4b)     Deemed status. -- Recognition by the Board of
the credentials offered by a professional discipline whereby the
individuals certified, licensed, or otherwise recognized by the
discipline as having met the standards of a substance abuse
specialist may apply individually for certification as a
certified clinical addictions specialist.
          (4c)     Human services field. -- An area of study that
focuses on the biological, psychological, and social aspects of
human beings.
          (4d)     Intern. -- A person who successfully completes
300 hours of Board approved supervised practical training and a
written examination in pursuit of certification as a substance
abuse counselor.
          (5)     Prevention. -- The reduction, delay, or
avoidance of alcohol and of other drug use behavior. "Prevention"
includes the promotion of positive environments and individual
strengths that contribute to personal health and well-being over
an entire life and the development of strategies that encourage
individuals, families, and communities to take part in assessing
and changing their lifestyle and environments.
          (6)     Professional discipline. -- A field of study
characterized by the technical, educational, and ethical
standards of a profession.
          (7)     Substance abuse counseling. -- The assessment,
evaluation, and provision of counseling to persons suffering from
substance, drug, or alcohol abuse or dependency.
          (8)     Substance abuse professional. -- A certified
substance abuse counselor, certified substance abuse prevention
consultant, certified clinical supervisor, certified clinical
addictions specialist, or certified residential facility
director. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s.
2.)


 90-113.32.  Board; composition; voting.
     (a)  The Board is created as the certifying authority for
substance abuse counselors, substance abuse prevention
consultants, clinical supervisors, clinical addictions
specialists, and residential facility directors in North
Carolina.
     (b)  Until the full Board is elected or appointed pursuant
to subsection (c) of this section, the Board shall consist of 16
members with one member appointed by the General Assembly upon
the recommendation of the Speaker of the House of Representatives
in accordance with G.S. 120-121, and one member appointed by the
General Assembly upon the recommendation of the President Pro
Tempore of the Senate in accordance with G.S. 120-121. The
remaining 14 shall be those members of the current North Carolina
Substance Abuse Professional Certification Board, Inc., who have
terms that are unexpired as of the effective date of this
Article. The initial Board shall appoint an initial Nominating
and Elections Committee to fill immediate vacancies on the Board,
using the process established in subsection (d) of this section.
The election and appointment process of the initial Board shall
result in a Board of 19 members by April 1, 1995. As these
initial members" terms expire, their successors shall be
appointed as described in subsection (c) of this section, until
the permanent Board is established, as described in subsection
(c) of this section. Time spent as an initial member counts in
determining the limitation on consecutive terms prescribed in
subsection (e) of this section.
     (c)  After the initial Board members' terms expire, the
Board shall consist of the following members, all of whom shall
reside in North Carolina, appointed or elected as follows:
          (1)     Eleven professionals certified pursuant to this
Article and elected by the certified professionals, at least two
of whom shall serve each of the four Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services regions
of the State. Three members shall serve as members at large.
          (2)     Three members at large chosen from laypersons
or other professional disciplines who have shown a special
interest in the field of substance abuse, nominated by the
Nominations and Elections Committee established by subsection (d)
of this section and elected by the Board.
          (3)     Two members from the Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services,
Department of Health and Human Services, appointed by the Chief
of Substance Abuse Services Section, Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services,
Department of Health and Human Services, at least one of whom is
from the Substance Abuse Services Section.
          (4)     One member of the public at large appointed by
the Governor.
          (5)     One member of the public at large appointed by
the General Assembly upon the recommendation of the Speaker of
the House of Representatives in accordance with G.S. 120-121 and
one member of the public at large appointed by the General
Assembly upon the recommendation of the President Pro Tempore of
the Senate in accordance with G.S. 120-121.
          (6)     One member shall represent each of the
professional disciplines granted deemed status under G.S. 90-
113.41A. The member may be appointed by the professional
discipline on or before a date set by the Board. If the
professional discipline has at least one association in the
State, the member shall be chosen from a list of nominees
submitted to the association. The members appointed or elected
under this subdivision shall be certified as substance abuse
specialists by the professional discipline that the members
represent.
No member of the General Assembly shall serve on the Board.
     (c1)  Every member of the Board shall have the right to vote
on all matters before the Board, except for the President who
shall vote only in case of a tie or when another member of the
Board abstains on the question of whether the professional
discipline the member represents shall retain its deemed status.
     (d)  The Board shall appoint five professionals from the
field of substance abuse counseling and substance abuse
prevention consulting to serve on the Nominating and Elections
Committee. Of these five, at least three shall not be members of
the Board. The Board shall appoint a member of the Nominating and
Elections Committee to serve as chair. The Committee's purpose is
to accept nominations from professionals certified by the Board
to fill vacancies on the Board in membership categories
prescribed by subdivisions (1) and (2) of subsection (c) of this
section and to conduct the election of Board members. The
Committee shall solicit nominations from all professionals it has
certified under this Article when elected members' terms are due
to expire. The certified professionals shall submit to the
Committee all nominations beginning 90 days and ending 14 days
before the election of new Board members. The Committee shall
furnish all certified professionals with a ballot containing all
the nominees for each elected Board member vacancy. In soliciting
and making nominations for this process, the Committee shall give
consideration to factors that promote representation on the Board
by professionals certified by the Board. The Committee shall
serve for a two-year term, its successors to be appointed for the
same term by the Board.
     (e)  Members of the Board shall serve for three-year terms.
No Board member shall serve for more than two consecutive terms,
but a person who has been a member for two consecutive terms may
be reappointed after being off the Board for a period of at least
one year. When a vacancy occurs in an unexpired term, the Board
shall, as soon as practicable, appoint temporary members to serve
until the next membership election. Time spent as a temporary
member does not count in determining the limitation on
consecutive terms.
     (f)  If a member becomes ineligible to serve on the Board
for any reason, except when the member has committed an ethical
violation that results in the suspension or revocation of the
member's professional credentials, the member may fulfill the
remainder of the member's term on the Board. (1993 (Reg. Sess.,
1994), c. 685, s. 1; c. 773, s. 15.2(a), (b); 1997-443, s.
11A.118(a); 1997-492, s. 3.)


 90-113.33.  Board; powers and duties.
     The Board shall:
          (1)     Examine and determine the qualifications and
fitness of applicants for certification to practice in this
State.
          (1a)     Determine the qualifications and fitness of
organizations applying for deemed status.
          (2)     Issue, renew, deny, suspend, or revoke
certification to practice in this State or reprimand or otherwise
discipline certificate holders in this State. However,
disciplinary actions involving a clinical addictions specialist
whose certification is achieved through deemed status shall be
initially heard by the specialist's credentialing body. The
specialist may appeal the body's decision to the Board. The Board
shall, however, have the authority to hear the initial
disciplinary action involving a clinical addictions specialist.
          (3)     Deal with issues concerning reciprocity.
          (4)     Conduct investigations for the purpose of
determining whether violations of this Article or grounds for
disciplining exists.
          (5)     Employ the professional and clerical personnel
necessary to carry out the provisions of this Article. The Board
may purchase or rent necessary office space, equipment, and
supplies.
          (6)     Conduct administrative hearings in accordance
with Chapter 150B of the General Statutes when a "contested
case", as defined in Chapter 150B, arises.
          (7)     Appoint from its own membership one or more
members to act as representatives of the Board at any meeting in
which it considers this representation is desirable.
          (8)     Establish fees for applications for
examination, certificates of certification and renewal, and other
services provided by the Board.
          (9)     Adopt any rules necessary to carry out the
purpose of this Article and its duties and responsibilities
pursuant to this Article.
     The powers and duties enumerated in this section are granted
for the purposes of enabling the Board to safeguard the public
health, safety, and welfare against unqualified or incompetent
practitioners and are to be liberally construed to accomplish
this objective. When the Board exercises its authority under this
Article to discipline a person, it may, as part of the decision
imposing the discipline, charge the costs of investigations and
the hearing to the person disciplined. (1993 (Reg. Sess., 1994),
c. 685, s. 1; 1997-492, s. 4.)


 90-113.34.  Records to be kept; copies of
records.
     The Board shall obtain documentation of all proceedings
under this Article and a record of all persons certified under
it. The record shall show the name, last known place of business,
last known place of residence, and date and number of the
certificate of certification as a certified substance abuse
counselor, certified substance abuse prevention consultant,
certified clinical supervisor, certified clinical addictions
specialist, or certified residential facility director for every
living certified person. Any interested person in the State is
entitled to obtain a copy of that record on application to the
Board and upon payment of a reasonable charge that is based on
the costs involved in providing the copy. The Board shall keep a
hard copy of all records. (1993 (Reg. Sess., 1994), c. 685, s. 1;
1997-492, s. 5.)


 90-113.35.  Disposition of funds.
     All fees and other moneys collected and received by the
Board shall be used to implement this Article. The financial
records of the Board shall be subjected to an annual audit and
paid for out of the funds of the Board. (1993 (Reg. Sess., 1994),
c. 685, s. 1.)


 90-113.36.  Certificates of certification.
     (a)  The Board shall furnish a certificate of certification
to each applicant successfully completing the requirements for
certification.
     (b)  The Board may furnish a certificate of certification to
any person in another state or territory if the individual's
qualifications were, at the date of registration or
certification, substantially equal to the requirements under this
Article. However, an out-of-state applicant shall first file
application and pay any required fees. (1993 (Reg. Sess., 1994),
c. 685, s. 1.)


 90-113.37.  Renewal of certification; lapse;
revival.
     (a)  Every person certified pursuant to this Article who
desires to maintain certification status shall apply to the Board
for a renewal of certification every other year and pay to the
secretary-treasurer the prescribed fee. Renewal of certification
is subject to completion of no more than 60 hours of those
continuing education requirements established by the Board. A
clinical supervisor shall also complete 15 hours of substance
abuse clinical supervision or training prior to the certificate
being renewed. Certification that is not renewed automatically
lapses, unless the Board provides for the late renewal of
certification upon the payment of a late fee. No late renewal
shall be granted more than five years after a certification
expires. A suspended certification is subject to this section's
renewal requirements and may be renewed as provided in this
section. This renewal does not entitle the certified person to
engage in the certified activity or in any other conduct or
activity in violation of the order or judgment by which the
certification was suspended, until the certification is
reinstated. If a certification revoked on disciplinary grounds is
reinstated and requires renewal, the certified person shall pay
the renewal fee and any applicable late fee.
     (b)  The Board shall establish the manner in which lapsed
certification may be revived or extended. (1993 (Reg. Sess.,
1994), c. 685, s. 1; 1997-492, s. 6.)


 90-113.38. Maximums for certain fees.
     (a)  The fee to obtain a certificate of certification as a
substance abuse counselor, substance abuse prevention consultant,
clinical supervisor, or residential facility director may not
exceed three hundred twenty-five dollars ($325.00). The fee to
renew a certificate may not exceed one hundred dollars ($100.00).
     (b)  The fee to obtain a certificate of certification for a
clinical addictions specialist pursuant to deemed status may not
exceed one hundred dollars ($100.00). The fee to renew a
certificate may not exceed fifty dollars ($50.00). The fee to
obtain a certificate of certification for a clinical addictions
specialist pursuant to all other procedures authorized by this
Article may not exceed three hundred twenty-five dollars
($325.00). The fee to renew the certificate may not exceed one
hundred dollars ($100.00).
     (c)  There shall be a reexamination fee of one hundred
dollars ($100.00) which shall be paid for each reexamination in
addition to the fees required under subsection (a) of this
section. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s. 7;
1998-217, s. 25(a).)


 90-113.39.  Standards for certification.
     The Board shall establish standards for certification of
substance abuse professionals. The certification standards of the
International Certification Reciprocity Consortium/Alcohol and
Other Drug Abuse and the standards adopted by professional
disciplines granted deemed status may be used as guidelines for
the Board's standards. The Board shall publish these required
standards separately from its rules so as to provide easy access
to the standards. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-
492, s. 8.)


 90-113.40. Requirements for certification.
     (a)  The Board shall issue a certificate certifying an
applicant as a "Certified Substance Abuse Counselor" or as a
"Certified Substance Abuse Prevention Consultant" if:
          (1)     The applicant is of good moral character.
          (2)     The applicant is not and has not engaged in any
practice or conduct that would be grounds for disciplinary action
under G.S. 90-113.44.
          (3)     The applicant is qualified for certification
pursuant to the requirements of this Article and any rules
adopted pursuant to it.
          (4)     The applicant has, at a minimum, a high school
diploma or a high school equivalency certificate.
          (5)     The applicant has signed a form attesting to
the intention to adhere fully to the ethical standards adopted by
the Board.
          (6)     The applicant has completed 270 hours of Board-
approved education. The Board may prescribe that a certain number
of hours be in a course of study for substance abuse counseling
and that a certain number of hours be in a course of study for
substance abuse prevention consulting.
          (7)     The applicant has documented completion of a
minimum of 300 hours of Supervised Practical Training and has
provided a Board-approved supervision contract between the
applicant and an approved supervisor.
          (8)     The applicant for substance abuse counselor has
completed either a total of 6,000 hours of supervised experience
in the field, whether paid or volunteer, or, if a graduate of a
Board-approved master's degree program, a total of 3,000 hours of
supervised experience in the field, whether paid or volunteer.
The applicant for substance abuse prevention consultant has
completed a total of 10,000 hours supervised experience in the
field, whether paid or volunteer, or 4,000 hours if the applicant
has at least a bachelors degree in a human services field.
          (9)     The applicant has successfully completed a
written examination and an oral examination promulgated and
administered by the Board.
     (b)  The Board shall issue a certificate certifying an
individual as a "Certified Clinical Supervisor" if, in addition
to meeting the requirements of subdivisions (a)(1) through (5) of
this section, the applicant:
          (1)     Has been certified as a substance abuse
counselor or a clinical addictions specialist.
          (2)     Prior to June 30, 1998, the applicant presents
proof that the applicant has 12,000 hours experience in alcohol
and drug abuse counseling and a bachelors degree or 8,000 hours
experience in alcohol and drug abuse counseling and a minimum of
a master's degree. After June 30, 1998, the applicant shall
present proof that the applicant has a minimum of a master's
degree.
          (3)     Has 6,000 hours experience as a substance abuse
clinical supervisor if the applicant has a bachelors degree or
4,000 hours experience if the applicant has a master's degree.
          (4)     Has 30 hours of substance abuse clinical
supervision specific education or training. These hours shall be
reflective of the 12 core functions in the applicant's clinical
application and practice and may also be counted toward the
applicant's recertification as a substance abuse counselor.
          (5)     Submits a letter of reference from a
professional who can attest to the applicant's supervisory
competence and two letters of reference from either counselors
who have been supervised by the applicant or professionals who
can attest to the applicant's competence.
          (6)     Successfully completes a written examination
administered by the Board.
     (c)  The Board shall issue a certificate certifying an
applicant as a "Certified Clinical Addictions Specialist" if, in
addition to meeting the requirements of subdivisions (a)(1)
through (5) of this section, the applicant meets one of the
following criteria:
          (1)     Criteria A. -- The applicant:
               a.     Has a minimum or a master's degree with a
clinical application in a human services field.
               b.     Has two years postgraduate supervised
substance abuse counseling experience.
               c.     Submits three letters of reference from
certified clinical addictions specialists or certified substance
abuse professionals.
               d.     Has achieved a combined score set by the
Board on a master's level written and oral examination
administered by the Board.
               e.     Has attained 180 hours of substance abuse
specific training as described in G.S. 90-113.41A.
          (2)     Criteria B. -- The applicant:
               a.     Has a minimum of a master's degree with a
clinical application in a human services field.
               b.     Has been certified as a substance abuse
counselor.
               c.     Has one year of postgraduate supervised
substance abuse counseling experience.
               d.     Has achieved a passing score on a master's
level written examination administered by the Board.
               e.     Submits three letters of reference from
certified clinical addictions specialists or certified substance
abuse professionals.
          (3)     Criteria C. -- The applicant:
               a.     Has a minimum of a master's degree in a
human services field with a substance abuse specialty that
includes 180 hours of substance abuse specific education and
training pursuant to G.S. 113.41A.
               b.     Has one year of postgraduate supervised
substance abuse counseling experience.
               c.     Has achieved a passing score on an oral
examination administered by the Board.
               d.     Submits three letters of reference from
certified clinical addictions specialists or certified substance
abuse professionals.
          (4)     Criteria D. -- The applicant has a substance
abuse certification from a professional discipline that has been
granted deemed status by the Board.
     (d)  The Board shall issue a certificate certifying an
applicant as a "Certified Residential Facility Director" if, in
addition to meeting the requirements of subdivisions (a)(1)
through (5) of this section, the applicant:
          (1)     Has been certified as a substance abuse
counselor.
          (2)     Has 50 hours of Board approved academic or
didactic management specific training or a combination thereof.
          (3)     Submits letters of reference from the
applicant's current supervisor and a colleague or coworker.
     (e)  The Board shall publish from time to time information
in order to provide specifics for potential applicants of an
acceptable educational curriculum and the terms of acceptable
supervised fieldwork experience. (1993 (Reg. Sess., 1994), c.
685, s. 1; 1997-492, s. 9; 1998-217, s. 10.)


 90-113.41.  Examination.
     (a)  Except for those individuals applying for certification
under G.S. 90-113.41A, applicants for certification under this
Article shall file an application at least 60 days prior to the
date of examination and upon the forms and in the manner
prescribed by the Board. The application shall be accompanied by
the appropriate fee. No portion of this fee is refundable.
Applicants who fail an examination may apply for reexamination
upon the payment of another examination fee.
     (b)  Each applicant for certification under this Article
shall be examined in an examination that is consistent with the
examination requirements of the International Certification
Reciprocity Consortium/Alcohol and Other Drug Abuse and the
standards adopted by professional disciplines granted deemed
status.
     (c)  Applicants for certification shall be examined at a
time and place and under the supervision that the Board
determines. Examinations shall be given in this State at least
twice each year.
     (d)  Applicants may obtain their examination scores and may
review their examination papers in accordance with rules the
Board adopts. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492,
s. 10.)


 90-113.41A.  Deemed status.
     (a)  To be granted deemed status by the Board, a
credentialing body of a professional discipline or its designee
shall demonstrate that its substance abuse certification program
substantially meets the following:
          (1)     Each person to whom the credentialing body
awards credentials following the effective date of this act meets
and maintains minimum requirements in substance abuse specific
content areas. Each person also has a minimum of a master's
degree with a clinical application in a human services field.
          (2)     The body requires 180 hours, or the equivalent
thereof, of substance abuse specific education and training that
covers the following content areas:
               a.     Basic addiction and cross addiction
Physiology and Pharmacology of Psychoactive drugs that are
abused.
               b.     Screening, assessment, and intake of
clients.
               c.     Individual, group, and family counseling.
               d.     Treatment, planning, reporting, and record
keeping.
               e.     Crisis intervention.
               f.     Case management and treatment resources.
               g.     Ethics, legal issues, and confidentiality.
               h.     Psychological, emotional, personality, and
developmental issues.
               i.     Coexisting physical and mental
disabilities.
               j.     Special population issues, including age,
gender, race, ethnicity, and health status.
               k.     Traditions and philosophies of recovery
treatment models and support groups.
          (3)     The program requires one year or its equivalent
of post-degree supervised clinical substance abuse practice. At
least fifty percent (50%) of the practice shall consist of direct
substance abuse clinical care.
     (b)  The professional discipline seeking deemed status shall
require its members to adhere to a code of ethical conduct and
shall enforce that code with disciplinary action.
     (c)  The Board may grant deemed status to any professional
discipline that substantially meets the standards in this
section. Once such status has been granted, an individual within
the professional discipline may apply to the Board for
certification as a certified clinical addictions specialist.
     (d)  The Standards and Credentialing Committee of the Board
shall review the standards of each professional discipline every
third year from the date it was granted deemed status to
determine if the discipline continues to substantially meet the
requirements of this section. If the Committee finds that a
professional discipline no longer meets the requirements of this
section, it shall report its findings to the Board at the Board's
next regularly scheduled meeting. The deemed status standing of a
professional discipline's credential may be discontinued by a two-
thirds vote of the Board. (1997-492, s. 11.)


 90-113.42.  Exemptions.
     It is not the intent of this Article to regulate members of
other regulated professions who provide substance abuse services
or consultation in the normal course of the practice of their
profession. Accordingly, this Article does not apply to any
person registered, certified, or licensed by the State to
practice any other occupation or profession while rendering
substance abuse services or consultation in the performance of
the occupation or profession for which the person is registered,
certified, or licensed. Only individuals certified under this
Article may use the title certified substance abuse counselor,
certified substance abuse prevention consultant, certified
clinical supervisor, certified clinical addictions specialist, or
certified residential facility director. (1993 (Reg. Sess.,
1994), c. 685, s. 1; 1997-492, s. 12.)


 90-113.43.  Illegal practice; misdemeanor
penalty.
     Except as otherwise authorized in this Article, no person
shall:
          (1)     Practice, attempt to practice, or supervise
while holding out to be a certified substance abuse counselor,
certified substance abuse prevention consultant, certified
clinical supervisor, certified clinical addictions specialist, or
certified residential facility director without first having
obtained a certificate of certification from the Board.
          (2)     Use in connection with any name any letters,
words, numerical codes, or insignia indicating or implying that
this person is a certified substance abuse counselor, certified
substance abuse prevention consultant, certified clinical
supervisor, certified clinical addictions specialist, or
certified residential facility director unless this person is
certified pursuant to this Article.
          (3)     Practice or attempt to practice as a certified
substance abuse counselor, certified substance abuse prevention
consultant, certified clinical supervisor, certified clinical
addictions specialist, or certified residential facility director
with a revoked, lapsed, or suspended certification.
          (4)     Aid, abet, or assist any uncertified person to
practice as a certified substance abuse counselor, certified
substance abuse prevention consultant, certified clinical
supervisor, certified clinical addictions specialist, or
certified residential facility director in violation of this
Article.
          (5)     Knowingly serve in a position required by State
law or rule or federal law or regulation to be filled by a
certified substance abuse counselor, certified substance abuse
prevention consultant, certified clinical supervisor, certified
clinical addictions specialist, or certified residential facility
director unless that person is certified under this Article.
          (6)     Repealed by S.L. 1997-492, s. 13.
          (7)     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.
     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. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997-492, s.
13.)


 90-113.44.  Grounds for disciplinary
action.
     Grounds for disciplinary action include:
          (1)     The employment of fraud, deceit, or
misrepresentation in obtaining or attempting to obtain
certification or renewal of certification.
          (2)     The use of drugs or alcoholic beverages to the
extent that professional competency is affected, until proof of
rehabilitation can be established.
          (3)     Conviction of an offense under any municipal,
State, or federal narcotic or controlled substance law, until
proof of rehabilitation can be established.
          (4)     Conviction of a felony or other public offense
involving moral turpitude, until proof of rehabilitation can be
established.
          (5)     An adjudication of insanity or incompetency,
until proof of recovery from this condition can be established.
          (6)     Engaging in any act or practice violative of
any of the provisions of this Article or any of the rules adopted
pursuant to it, or aiding, abetting, or assisting any other
person in such a violation.
          (7)     The commission of an act of malpractice, gross
negligence, or incompetence in the practice of substance abuse
counseling, substance abuse prevention consulting, clinical
supervising, or in serving as a clinical addictions specialist or
residential facility director.
          (8)     Practicing as a certified substance abuse
counselor, certified substance abuse prevention consultant,
certified clinical supervisor, certified clinical addictions
specialist or certified residential facility director without a
valid certificate.
          (9)     Engaging in conduct that could result in harm
or injury to the public. (1993 (Reg. Sess., 1994), c. 685, s. 1;
1997-492, s. 14.)


 90-113.45.  Enjoining illegal practices.
     (a)  The Board may, if it finds that any person is violating
any of the provisions of this Article or of the rules adopted
pursuant to it, apply in its own name to the superior court for a
temporary or permanent restraining order or injunction to
restrain that person from continuing these illegal practices. The
court may grant injunctive relief regardless of whether criminal
prosecution or other action has been or may be instituted as a
result of the violation. In the court's consideration of the
issue of whether to grant or continue an injunction sought by the
Board, a showing of conduct in violation of the terms of this
Article shall be sufficient to meet any requirement of general
North Carolina injunction law for irreparable damage.
     (b)  The venue for actions brought under this section is the
superior court of any county in which the illegal acts are
alleged to have been committed or in the county where the
defendant resides. (1993 (Reg. Sess., 1994), c. 685, s. 1.)


 90-113.46.  Application of requirements of
Article.
     All persons certified by the North Carolina Substance Abuse
Professional Certification Board, Inc., as of July 1, 1994, shall
be certified by the Board pursuant to this Article.  All these
persons are subject to all the other requirements of this Article
and of the rules adopted pursuant to it. (1993 (Reg. Sess.,
1994), c. 685, s. 1; 1997-492, s. 15.)


 90-113.47.  Third-party reimbursement.
     Nothing in this Article shall be construed to require direct
third-party reimbursements to persons certified under this
Article. (1997-492, s. 16.)

                           ARTICLE 6.
                           Optometry.

 90-114.  Optometry defined.
     Any one or any combination of the following practices shall
constitute the practice of optometry:
          (1)     The examination of the human eye by any method,
other than surgery, to diagnose, to treat, or to refer for
consultation or treatment any abnormal condition of the human eye
and its adnexa; or
          (2)     The employment of instruments, devices,
pharmaceutical agents and procedures, other than surgery,
intended for the purposes of investigating, examining, treating,
diagnosing or correcting visual defects or abnormal conditions of
the human eye or its adnexa; or
          (3)     The prescribing and application of lenses,
devices containing lenses, prisms, contact lenses, orthoptics,
vision training, pharmaceutical agents, and prosthetic devices to
correct, relieve, or treat defects or abnormal conditions of the
human eye or its adnexa. (1909, c. 444, s. 1; C.S., s. 6687;
1923, c. 42, s. 1; 1977, c. 482, s. 1; 1997-75, s. 1.)

90-115. Practice without registration unlawful.
     After the passage of this Article it shall be unlawful for
any person to practice optometry in the State unless he has first
obtained a certificate of registration as hereinafter provided.
Within the meaning of this Article, a person shall be deemed as
practicing optometry who does, or attempts to, sell, furnish,
replace, or duplicate, a lens, frame, or mounting, or furnishes
any kind of material or apparatus for ophthalmic use, without a
written prescription from a person authorized under the laws of
the State of North Carolina to practice optometry, or from a
person authorized under the laws of North Carolina to practice
medicine: Provided, however, that the provisions of this section
shall not prohibit persons or corporations from selling
completely assembled spectacles, without advice or aid as to the
selection thereof, as merchandise from permanently located or
established places of business, nor shall it prohibit persons or
corporations from making mechanical repairs to frames for
spectacles; nor shall it prohibit any person, firm, or
corporation engaged in grinding lenses and filling prescriptions
from replacing or duplicating lenses on original prescriptions
issued by a duly licensed optometrist, and oculist. (1909, c.
444, s. 2; C.S., s. 6688; 1935, c. 63; 1967, c. 691, s. 43.)

 90-115.1. Acts not constituting the unlawful practice
of optometry.
     In addition to the exemptions from this Article otherwise
existing the following acts or practices shall not constitute the
unlawful practice of optometry:
          (1)     The practice of optometry, in the discharge of
their official duties, by optometrists in any branch of the
military service of the United States or in the full employ of
any agency of the United States.
          (2)     The teaching of optometry, in optometry schools
or colleges operated and conducted in this State and approved by
the North Carolina State Board of Examiners in Optometry, by any
person or persons licensed to practice optometry anywhere in the
United States or in any country, territory or other recognized
jurisdiction; provided, however, that such teaching of optometry
by any person or persons licensed in any jurisdiction other than
a place in the United States must first be approved by the North
Carolina State Board of Examiners in Optometry.
          (3)     The practice of optometry by students enrolled
in optometry schools or colleges approved by the North Carolina
State Board of Examiners in Optometry when such practice is
performed as a part of the student's course of instruction, is
under the direct supervision of an optometrist who is either duly
licensed in North Carolina or qualified under subdivision (2)
above as a teacher, and is conducted in accordance with such
rules as may be established for such practice by the North
Carolina State Board of Examiners in Optometry.  Additionally,
the practice of optometry by such students at any location upon
patients or inmates of institutions wholly owned or operated by
the State of North Carolina or any political subdivision or
subdivisions thereof when, in the opinion of the dean of such
optometry school or college or his designee, the student's
optometric education and experience is adequate therefor, subject
to review and approval by the said Board of Examiners in
Optometry, and such practice is a part of the course of
instruction of such students, is performed under the supervision
of a duly licensed optometrist acting as a teacher or instructor
and is without remuneration except for expenses and subsistence
as defined and permitted by the rules and regulations of said
Board of Examiners in Optometry.
          (4)     The temporary practice of optometry by licensed
optometrists of another state or of any territory or country when
the same is performed, as clinicians, at meetings or organized
optometric societies, associations, colleges or similar
optometric organizations, or when such optometrists appear in
emergency cases upon the specific call of and in consultation
with an optometrist duly licensed to practice in this State.
          (5)     The practice of optometry by a person who is a
graduate of an optometric school or college approved by the North
Carolina State Board of Examiners in Optometry and who is not
licensed to practice optometry in this State, when such person is
the holder of a valid intern permit, or provisional license,
issued to him by the North Carolina State Board of Examiners in
Optometry pursuant to the terms and provisions of this Article,
and when such practice of optometry complies with the conditions
of said intern permit, or provisional license.
          (6)     Any act or acts performed by an optometric
assistant or technician to an optometrist licensed to practice in
this State when said act or acts are authorized and permitted by
and performed in accordance with rules and regulations
promulgated by the Board.
          (7)     Optometric assisting and related functions as a
part of their instructions by optometric assistant students
enrolled in a course conducted in this State and approved by the
Board, when such functions are performed under the supervision of
an optometrist acting as a teacher or instructor who is either
duly licensed in North Carolina or qualified for the teaching of
optometry pursuant to the provisions of subdivision (2) above.
(1975, c. 733; 1989, c. 321.)

 90-116.  Board of Examiners in Optometry.
     In order to properly regulate the practice of optometry,
there is established a North Carolina State Board of Examiners in
Optometry, which shall consist of five regularly graduated
optometrists who have been engaged in the practice of optometry
in this State for at least five years and two members to
represent the public at large.
     No public member shall at any time be a health care
provider, be related to or be the spouse of a health care
provider, or have any pecuniary interest in the profitability of
a health care provider. For purposes of this section, the term
"health care provider" shall have the same meaning as provided in
G.S. 58-47-5(4). The Governor shall appoint the two public
members not later than July 1, 1981.
     The optometric members of the Board shall be appointed by
the Governor from a list provided by the North Carolina State
Optometric Society. For each vacancy, the society must submit at
least three names to the Governor. The society shall establish
procedures for the nomination and election of optometrist members
of the Board. These procedures shall be adopted under the
rule-making procedures described in Article 2, Chapter 150B of
the General Statutes, and notice of the proposed procedures shall
be given to all licensed optometrists residing in North Carolina.
Such procedures shall not conflict with the provisions of this
section. Every optometrist with a current North Carolina license
residing in the State shall be eligible to vote in all such
elections, and the list of licensed optometrists shall constitute
the registration list for elections. Any decision of the society
relative to the conduct of such elections may be challenged by
civil action in the Wake County Superior Court. A challenge must
be filed not later than 30 days after the society has rendered
the decision in controversy, and all such cases shall be heard
de novo.
     All Board members serving on June 30, 1981, shall be
eligible to complete their respective terms. No member appointed
to a term on or after July 1, 1981, shall serve more than two
complete consecutive five-year terms, except that each member
shall serve until his successor is chosen and qualifies.
     The Governor may remove any member for good cause shown. Any
vacancy in the optometrist membership of the Board shall be
filled for the period of the unexpired term by the Governor from
a list of at least three names submitted by the North Carolina
State Optometric Society Executive Council. Any vacancy in the
public membership of the Board shall be filled by the Governor
for the unexpired term. (1909, c. 444, s. 3; 1915, c. 21, s. 1;
C.S., s. 6689; 1935, c. 63; 1981, c. 496, s. 1; 1987, c. 827, s.
1.)

90-117. Officers; common seal.
     The North Carolina State Board of Examiners in Optometry
shall, at each annual meeting thereof, elect one of its members
president and one secretary-treasurer. The common seal which has
already been adopted by said Board, pursuant to law, shall be
continued as the seal of said Board. (1909, c. 444, s. 4; C.S.,
s. 6690; 1935, c. 63; 1953, c. 1041, s. 11; 1973, c. 800, s. 1.)

90-117.1. Quorum; adjourned meetings.
     A majority of the members of said Board shall constitute a
quorum for the transaction of business. If a majority of members
are not present at the time and the place appointed for a Board
meeting, those members of the Board in attendance may adjourn
from day to day until a quorum is present, and the action of the
Board taken at any adjourned meeting thus had shall have the same
force and effect as if had upon the day and at the hour of the
meeting called and adjourned from day to day. (1973, c. 800, s.
2; 1981, c. 496, s. 2.)

90-117.2. Records and transcripts.
     The said Board shall keep a record of its transactions at
all annual or special meetings and shall provide a record book in
which shall be entered the names and proficiency of all persons
to whom licenses may be granted under the provisions of law. The
said book shall show, also, the license number and the date upon
which such license was issued and shall show such other matters
as in the opinion of the Board may be necessary or proper. Said
book shall be deemed a book of record of said Board and a
transcript of any entry therein or a certification that there is
not entered therein the name, proficiency and license number or
date of granting such license, certified under the hand of the
secretary-treasurer, attested by the seal of the North Carolina
State Board of Examiners in Optometry, shall be admitted as
evidence in any court of this State when the same shall otherwise
be competent. (1973, c. 800, s. 3.)

90-117.3. Annual and special meetings.
     The North Carolina State Board of Examiners in Optometry
shall meet annually in June of each year at such place as may be
determined by the Board, and at such other times and places as
may be  determined by action of the Board or by a majority of the
members thereof. Notice of the place of the annual meeting and of
the time and place of any special or called meeting shall be
given in writing, by registered or certified mail or personally,
to each member of the Board at least 10 days prior to said
meeting; provided the requirements of notice may be waived by any
member of the Board. At the annual meeting or at any special or
called meeting, the said Board shall have the power to conduct
examination of applicants and to transact such other business as
may come before it, provided that in case of a special meeting,
the purpose for which said meeting is called shall be stated in
the notice. (1973, c. 800, s. 4; 1981, c. 496, s. 3.)


 90-117.4.  Judicial powers; additional data
for records.
     The president of the North Carolina State Board of Examiners
in Optometry, and/or the secretary-treasurer of said Board, shall
have the power to administer oaths, issue subpoenas requiring the
attendance of persons and the production of papers and records
before said Board in any hearing, investigation or proceeding
conducted by it.  The sheriff or other proper official of any
county of the State shall serve the process issued by said
president or secretary-treasurer of said Board pursuant to its
requirements and in the same manner as process issued by any
court of record.  The said Board shall pay for the service of all
process, such fees as are provided by law for the service of like
process in other cases.
     Any person who shall neglect or refuse to obey any subpoena
requiring him to attend and testify before said Board or to
produce books, records or documents shall be guilty of a Class 1
misdemeanor.
     The Board shall have the power, upon the production of any
papers, records or data, to authorize certified copies thereof to
be substituted in the permanent record of the matter in which
such books, records or data shall have been introduced in
evidence. (1973, c. 800, s. 5; 1993, c. 539, s. 627; 1994, Ex.
Sess., c. 24, s. 14(c).)

90-117.5. Bylaws and regulations.
     The North Carolina State Board of Examiners in Optometry
shall have the power to make necessary bylaws and regulations,
not inconsistent with the provisions of this Article, regarding
any matter referred to in this Article and for the purpose of
facilitating the transaction of business by the said Board.
(1973, c. 800, s. 6.)


 90-118.  Examination and licensing of
applicants; qualifications; causes for refusal to grant license;
void licenses; educational requirements for prescription and use
of pharmaceutical agents.
     (a)  The North Carolina State Board of Examiners in
Optometry shall grant licenses to practice optometry to such
applicants who are graduates of an accredited optometric
institution, who, in the opinion of a majority of the Board,
shall undergo a satisfactory examination of proficiency in the
knowledge and practice of optometry, subject, however, to the
further provisions of this section and to the provisions of this
Article.
     (b)  The applicant shall be of good moral character and at
least 18 years of age at the time the application for examination
is filed.  The application shall be made to the said Board in
writing and shall be accompanied by evidence satisfactory to said
Board that the applicant is a person of good moral character; has
an academic education, the standard of which shall be determined
by the said Board; and that he is a graduate of and has a diploma
from an accredited optometric college or the optometric
department of an accredited university or college recognized and
approved as such by the said Board.
     (c)  The North Carolina State Board of Examiners in
Optometry is authorized to conduct both written or oral and
clinical examinations of such character as to thoroughly test the
qualifications of the applicant, and may refuse to grant a
license to any person who, in its discretion, is found deficient
in said examination, or to any person guilty of cheating,
deception, or fraud during such examination, or whose examination
discloses, to the satisfaction of the Board, a deficiency in
academic education.  The Board may employ such optometrists found
qualified therefor by the Board in examining applicants for
licenses as it deems appropriate.
     (d)  Any license obtained through fraud or by any false
representation shall be void ab initio and of no effect.
     (e)  The Board shall not license any person to practice
optometry in the State of North Carolina beyond the scope of the
person's educational training as determined by the Board. No
optometrist presently licensed in this State shall prescribe and
use pharmaceutical agents in the practice of optometry unless and
until he (i) has submitted to the Board evidence of satisfactory
completion of all educational requirements established by the
Board to prescribe and use pharmaceutical agents in the practice
of optometry and (ii) has been certified by the Board as
educationally qualified to prescribe and use pharmaceutical
agents.
     Provided, however, that no course or courses in pharmacology
shall be approved by the Board unless (i) taught by an
institution having facilities for both the didactic and clinical
instruction in pharmacology and which is accredited by a regional
or professional accrediting organization that is recognized and
approved by the Council on Postsecondary Accreditation or the
United States Office of Education and (ii) transcript credit for
the course or courses is certified to the Board by the
institution as being equivalent in both hours and content to
those courses in pharmacology required by the other licensing
boards in this Chapter whose licensees or registrants are
permitted the use of pharmaceutical agents in the course of their
professional practice. (1909, c. 444, s. 5; 1915, c. 21, ss. 2,
3, 4; C.S., s. 6691; 1923, c. 42, ss. 2, 3; 1935, c. 63; 1949, c.
357; 1959, c. 464; 1973, c. 800, s. 7; 1975, c. 19, s. 23; 1977,
c. 482, s. 2; 1981, c. 496, ss. 4, 5; 1997-75, s. 4.1.)

90-118.1. Contents of original license.
     The original license granted by the North Carolina State
Board of Examiners in Optometry shall bear a serial number, the
full name of the applicant, the date of issuance and shall be
signed by the president and a majority of the members of the said
Board and attested by the seal of said Board and the secretary
thereof. The certificate of renewal of license shall bear a
serial number which need not be the serial number of the original
license issued, the full name of the applicant and the date of
issuance. (1973, c. 800, s. 8.)

90-118.2. Displaying license and current certificate of
renewal.
     The license and the current certificate of renewal of
license to practice optometry issued, as herein provided, shall
at all times be displayed in a conspicuous place in the office of
the holder thereof and whenever requested the license and the
current certificate of renewal shall be exhibited to or produced
before the North Carolina State Board of Examiners in Optometry
or to its authorized agents.
     A licensee who practices in more than one office location
shall make application to the Board for a duplicate license for
each branch  office for display as required by this section. In
issuing a duplicate license, the address of the branch office
location and the original certificate number shall be included.
At the time of the annual renewal of licenses, those optometrists
who have been issued a duplicate license for a branch office,
shall make application to the North Carolina Board of Examiners
in Optometry on a form provided by the Board for the renewal of
the license in the same manner as provided for in G.S. 90-118.10
for the renewal of his license. The holder of a certificate for a
branch office may cancel it by returning the certificate to the
Secretary of the Board. (1973, c. 800, s. 9; 1981, c. 811, s. 1.)

90-118.3. Refusal to grant renewal of license.
     For nonpayment of fee or fees required by this Article, or
for violation of any of the terms or provisions of G.S. 90-121.2,
the North Carolina State Board of Examiners in Optometry may
refuse to issue a certificate of renewal of license. (1973, c.
800, s. 10; 1981, c. 811, s. 2.)

90-118.4. Duplicate licenses.
     When a person is a holder of a license to practice optometry
in North Carolina or the holder of a certificate of renewal of
license, he may make application to the North Carolina State
Board of Examiners in Optometry for the issuance of a copy or a
duplicate thereof accompanied by a reasonable fee set by the
Board. Upon the filing of the application and the payment of the
fee, the said Board shall issue a copy or duplicate. (1973, c.
800, s. 11.)

90-118.5. Licensing practitioners of other states.
     (a) If an applicant for licensure is already licensed in
another state in optometry, the North Carolina State Board of
Examiners in Optometry shall issue a license to practice
optometry to the applicant without examination other than a
clinical practicum examination upon evidence that:
 (1) The applicant is currently an active, competent practitioner
                                            in good standing, and
   (2) The applicant has practiced at least three out of the five
          years immediately preceding his or her application, and
     (3) The applicant currently holds a valid license in another
                                                       state, and
(4) No disciplinary proceeding or unresolved complaint is pending
anywhere at the time a license is to be issued by this State, and
 (5) The licensure requirements in the other state are equivalent
                  to or higher than those required by this State.
     (b) Application for license to be issued under the
provisions of this section shall be accompanied by a certificate
from the optometry  board or like board of the state from which
said applicant removed, certifying that the applicant is the
legal holder of a license to practice optometry in that state,
and for a period of at least three out of five years immediately
preceding the application has engaged in the practice of
optometry; is of good moral character and that during the period
of his practice no charges have been filed with said board
against the applicant for the violation of the criminal laws of
the state or the United States, or for the violation of the
ethics of the  profession of optometry.
     (c) Application for a license under this section shall be
made to the North Carolina State Board of Examiners in Optometry
within six months of the date of the issuance of the certificate
hereinbefore required, and said certificate shall be accompanied
by the diploma or other evidence of the graduation from an
accredited, recognized and approved optometry college, school or
optometry department of a college or university.
     (d) Any license issued upon the application of any
optometrist from any other state or territory shall be subject to
all of the provisions of this Article with reference to the
license issued by the North Carolina State Board of Examiners in
Optometry upon examination of applicants and the rights and
privileges to practice the profession of optometry under any
license so issued shall be subject to the same duties,
obligations, restrictions and the conditions as imposed by this
Article on optometrists originally examined by the North Carolina
State Board of Examiners in Optometry. (1973, c. 800, s. 12;
1981, c. 496, ss. 6, 7.)

90-118.6. Certificate issued to optometrist moving out of
State.
     Any optometrist duly licensed by the North Carolina State
Board of Examiners in Optometry, desiring to move from North
Carolina  to another state, territory or foreign country, if a
holder of a certificate of renewal of license from said Board,
upon application to said Board and the payment to it of the fee
in this Article provided, shall be issued a certificate showing
his full name and address, the date of license originally issued
to him, the date and number of his renewal of license, and
whether any charges have been filed with the Board against him.
The Board may provide forms for such certificate, requiring such
additional information as it may determine proper. (1973, c. 800,
s. 13.)

90-118.7. Licensing former optometrists who have moved back
into State or resumed practice.
     Any person who shall have been licensed by the North
Carolina State Board of Examiners in Optometry to practice
optometry in this State who shall have retired from practice or
who shall have moved from the State and shall have returned to
the State, may, upon a satisfactory showing to said Board of his
proficiency in the profession of optometry and his good moral
character during the period of his retirement, or absence from
the State, be granted by said Board a license to resume the
practice of optometry upon making application  to the said Board
in such form as it may require. The license to resume practice,
after issuance thereof, shall be subject to all the provisions of
this Article. (1973, c. 800, s. 14.)

90-118.8. Repealed by Session Laws 1981, c. 811, s. 4.

90-118.9. Repealed by Session Laws 1981, c. 811, s. 5.

 90-118.10. Annual renewal of licenses.

     Since the laws of North Carolina now in force provided for
the annual renewal of any license issued by the North Carolina
State Board of Examiners in Optometry, it is hereby declared to
be the policy of this State that all licenses heretofore issued
by the North  Carolina State Board of Examiners in Optometry, or
hereafter issued by said Board are subject to annual renewal and
the exercise of any privilege granted by any license heretofore
issued or hereafter issued by the North Carolina State Board of
Examiners in Optometry is subject to the issuance on or before
the first day of January of each year of a certificate of renewal
of license.
     On or before the first day of January of each year, each
optometrist engaged in the practice of optometry in North
Carolina shall make application to the North Carolina State Board
of Examiners in Optometry and receive from said Board, subject to
the further provisions of this section and of this Article, a
certificate of renewal of said license.
     The application shall show the serial number of the
applicant's license, his full name, address and the county in
which he has practiced during the preceding year, the date of the
original issuance of license to said applicant and such other
information as the said Board from time to time may prescribe by
regulation.
     If the application for such renewal certificate, accompanied
by the fee required by this Article, is not received by the Board
before January 31 of each year, an additional fee of fifty
dollars ($50.00) shall be charged for renewal certificate. If
such application accompanied by the renewal fee is not received
by the Board before March 31 of each year, every person
thereafter continuing to practice optometry without having
applied for a certificate of renewal shall be guilty of the
unauthorized practice of optometry and shall be subject to the
penalties prescribed by G.S. 90-118.11.
     In issuing a certificate of renewal, the Board shall
expressly state whether such person, otherwise licensed in the
practice of optometry, has been certified to prescribe and use
pharmaceutical agents. (1973, c. 800, s. 17; c. 1092, s. 1; 1977,
c. 482, s. 3; 1987, c. 645, s. 3.)


 90-118.11.  Unauthorized practice; penalty for
violation of Article.
     If any person shall practice or attempt to practice
optometry in this State without first having passed the
examination and obtained a license from the North Carolina State
Board of Examiners in Optometry; or without having obtained a
provisional license from said Board; or if he shall practice
optometry after March 31 of each year without applying for a
certificate of renewal of license, as provided in G.S. 90-118.10;
or shall practice or attempt to practice optometry while his
license is revoked, or suspended, or when a certificate of
renewal of license has been refused; or shall practice or attempt
to practice optometry by means or methods that the Board has
determined is beyond the scope of the person's educational
training; or shall violate any of the provisions of this Article
for which no specific penalty has been provided; or shall
practice, or attempt to practice, optometry in violation of the
provisions of this Article; or shall practice optometry under any
name other than his own name, said person shall be guilty of a
Class 1 misdemeanor.  Each day's violation of this Article shall
constitute a separate offense. (1973, c. 800, s. 18; 1977, c.
482, s. 4; 1981, c. 496, s. 10; 1993, c. 539, s. 628; 1994, Ex.
Sess., c. 24, s. 14(c).)

90-119. Persons in practice before passage of statute.
     Every person who had been engaged in the practice of
optometry in the State for two years prior to the date of the
passage of this Article shall hereafter file an affidavit as
proof thereof with the Board. The secretary shall keep a record
of such persons who shall be exempt from the provisions of the
preceding section [G.S. 90- 118]. Upon payment of three dollars
($3.00) he shall issue to each of them certificates of
registration without the necessity of an examination. Failure on
the part of a person so entitled within six months of the
enactment of this Article to make written application to the
Board for the certificate of registration accompanied by a
written statement, signed by him and duly verified before an
officer authorized to administer oaths within this State, fully
setting forth the grounds upon which he claims such certificate,
shall be deemed a waiver of his right to a certificate under the
provisions of this section. A person who has thus waived his
right may obtain a certificate thereafter by successfully passing
examination and paying a fee as provided herein. (1909, c. 444,
ss. 6, 7, 9; C.S., s. 6692.)

90-120, 90-121. Repealed by Session Laws 1973, c. 800,
ss. 19, 20.



 90-121.1. Board may enjoin illegal practices.
     In view of the fact that the illegal practice of optometry
imminently endangers the public health and welfare, and is a
public nuisance, the North Carolina State Board of Examiners in
Optometry may, if it shall find that any person is violating any
of the provisions of this Article, apply to the superior court
for a temporary or permanent restraining order or injunction to
restrain such person from continuing such illegal practices. If
upon such application, it shall appear to the court that such
person has violated, or is violating, the provisions of this
Article, the court shall issue an order restraining any further
violating thereof. All such actions by the Board for injunctive
relief shall be governed by the provisions of Article 37 of
Chapter 1 of the General Statutes: provided, such injunctive
relief may be granted regardless of whether criminal prosecution
has been or may be instituted under the provisions of G.S.
90-124. Actions under this section shall be commenced in the
superior court district or set of districts as defined in G.S. 7A-
41.1 in which the respondent resides or has his principal place
of business. (1973, c. 800, s. 19; 1981, c. 496, s. 11; 1987
(Reg. Sess., 1988), c. 1037, s. 101.)

90-121.2. Rules and regulations; discipline, suspension,
revocation and regrant of certificate.
     (a) The Board shall have the power to make, adopt, and
promulgate such rules and regulations, including rules of ethics,
as may be necessary and proper for the regulation of the practice
of the  profession of optometry and for the performance of its
duties. The Board shall have jurisdiction and power to hear and
determine all complaints, allegations, charges of malpractice,
corrupt or unprofessional conduct, and of the violation of the
rules and regulations, including rules of ethics, made against
any optometrist licensed to practice in North Carolina. The Board
shall also have the  power and authority to: (i) refuse to issue
a license to practice optometry; (ii) refuse to issue a
certificate of renewal of a license to practice optometry; (iii)
revoke or suspend a license to practice optometry; and (iv)
invoke such other disciplinary measures, censure, or probative
terms against a licensee as it deems fit and proper; in any
instance or instances in which the Board is satisfied that such
applicant or licensee:
           (1) Has engaged in any act or acts of fraud, deceit or
 misrepresentation in obtaining or attempting to obtain a license
                                          or the renewal thereof;
     (2) Is a chronic or persistent user of intoxicants, drugs or
     narcotics to the extent that the same impairs his ability to
                                              practice optometry;
 (3) Has been convicted of any of the criminal provisions of this
Article or has entered a plea of guilty or nolo contendere to any
                             charge or charges arising therefrom;
    (4) Has been convicted of or entered a plea of guilty or nolo
     contendere to any felony charge or to any misdemeanor charge
                                       involving moral turpitude;
    (5) Has been convicted of or entered a plea of guilty or nolo
    contendere to any charge of violation of any State or federal
                                     narcotic or barbiturate law;
   (6) Has engaged in any act or practice violative of any of the
  provisions of this Article or violative of any of the rules and
 regulations promulgated and adopted by the Board, or has  aided,
 abetted or assisted any other person or entity in the  violation
                                                     of the same;
    (7) Is mentally, emotionally, or physically unfit to practice
         optometry or is afflicted with such a physical or mental
disability as to be deemed dangerous to the health and welfare of
  his patients. An adjudication of mental incompetency in a court
    of competent jurisdiction or a determination thereof by other
  lawful means shall be conclusive proof of unfitness to practice
            optometry unless or until such person shall have been
         subsequently lawfully declared to be mentally competent;
                (8) Repealed by Session Laws 1981, c. 496, s. 12.
     (9) Has permitted the use of his name, diploma or license by
 another person either in the illegal practice of optometry or in
          attempting to fraudulently obtain a license to practice
                                                       optometry;
     (10) Has engaged in such immoral conduct as to discredit the
                                            optometry profession;
 (11) Has obtained or collected or attempted to obtain or collect
             any fee through fraud, misrepresentation, or deceit;
            (12) Has been negligent in the practice of optometry;
   (13) Has employed a person not licensed in this State to do or
perform any act of service, or has aided, abetted or assisted any
 such unlicensed person to do or perform any act or service which
  under this Article can lawfully be done or performed only by an
                              optometrist licensed in this State;
                (14) Is incompetent in the practice of optometry;
   (15) Has practiced any fraud, deceit or misrepresentation upon
     the public or upon any individual in an effort to acquire or
    retain any patient or patients, including false or misleading
                                                     advertising;
  (16) Has made fraudulent or misleading statements pertaining to
        his skill, knowledge, or method of treatment or practice;
      (17) Has committed any fraudulent or misleading acts in the
                                           practice of optometry;
               (18) Repealed by Session Laws 1981, c. 496, s. 12.
 (19) Has, in the practice of optometry, committed an act or acts
                                        constituting malpractice;
               (20) Repealed by Session Laws 1981, c. 496, s. 12.
(21) Has permitted an optometric assistant in his employ or under
    his supervision to do or perform any act or acts violative to
  this Article or of the rules and regulations promulgated by the
                                                           Board;
  (22) Has wrongfully or fraudulently or falsely held himself out
 to be or represented himself to be qualified as a specialist  in
                                         any branch of optometry;
  (23) Has persistently maintained, in the practice of optometry,
                    unsanitary offices, practices, or techniques;
      (24) Is a menace to the public health by reason of having a
                                    serious communicable disease;
(25) Has engaged in any unprofessional conduct as the same may be
    from time to time defined by the rules and regulations of the
                                                           Board.
     (b) If any person engages in or attempts to engage in the
practice of optometry while his license is suspended, his license
to practice optometry in the State of North Carolina may be
permanently revoked.
     (c) The Board may, on its own motion, initiate the
appropriate legal proceedings against any person, firm or
corporation when it is made to appear to the Board that such
person, firm or corporation has violated any of the provisions of
this Article.
     (d) The Board may appoint, employ or retain an investigator
or investigators for the purpose of examining or inquiring into
any practices committed in this State that might violate any of
the provisions of this Article or any of the rules and
regulations promulgated by the Board.
     (e) The Board may employ or retain legal counsel for such
matters and purposes as may seem fit and proper to said Board.
     (f) As used in this section the term "licensee" includes
licensees, provisional licensees and holders of intern permits,
and the term "license" includes license, provisional license and
intern permit. (1973, c. 800, s. 20; 1981, c. 496, ss. 12, 13.)

 90-121.3.  Hearings.
     (a)  The Board shall grant any person whose license is
affected the right to be heard before the Board, before any of
the following action is finally taken, the effect of which would
be:
          (1)     To deny permission to take an examination for
licensing for which application has been duly made; or
          (2)     To deny a license after examination for any
cause other than failure to pass an examination; or
          (3)     To withhold the renewal of a license for any
cause other than failure to pay a statutory renewal fee; or
          (4)     To suspend a license; or
          (5)     To revoke a license; or
          (6)     To revoke or suspend a provisional license or
an intern permit; or
          (7)     To invoke any other disciplinary measures,
censure, or probative terms against a licensee, a provisional
licensee, or an intern.
     (b)  Proceedings under this section shall be conducted in
accordance with the provisions of Chapter 150B of the General
Statutes of North Carolina.
     (c)  In lieu of or as a part of such hearings and subsequent
proceedings the Board is authorized and empowered to enter any
consent order relative to the discipline, censure, or probation
of a licensee, an intern, or an applicant for a license, or
relative to the revocation or suspension of a license,
provisional license, or intern permit.
     (d)  Following the service of the notice of hearing as
required by Chapter 150B of the General Statutes, the Board and
the person upon whom such notice is served shall have the right
to conduct adverse examinations, take depositions, and engage in
such further discovery proceedings as are permitted by the laws
of this State in civil matters.  The Board is hereby authorized
and empowered to issue such orders, commissions, notices,
subpoenas, or other process as might be necessary or proper to
effect the purposes of this subsection; provided, however, that
no member of the Board shall be subject to examination hereunder.
(1973, c. 800, s. 21; c. 1331, s. 3; 1987, c. 827, s. 1.)

90-121.4. Restoration of revoked license.
     Whenever any optometrist has been deprived of his license,
the North Carolina State Board of Examiners in Optometry in its
discretion may restore said license upon due notice being given
and hearing had, and satisfactory evidence produced or proper
reformation of the licentiate, before restoration. (1973, c. 800,
s. 22.)

 90-122. Compensation and expenses of Board.

     Each member of the North Carolina State Board of Examiners
in Optometry shall receive as compensation for his services in
the performance of his duties under this Article a sum not
exceeding fifty dollars ($50.00) for each day actually engaged in
the performance of the duties of his office, said per diem to be
fixed by  said Board, and all legitimate and necessary expenses
incurred in attending meetings of the said Board.
     The secretary-treasurer shall, as compensation for his
services, both as secretary-treasurer of the Board and a member
thereof, be allowed a reasonable annual salary to be fixed by the
Board and shall, in addition thereto, receive all legitimate and
necessary expenses incurred by him in attending meetings of the
Board and in the discharge of the duties of his office.
     All per diem allowances and all expenses paid as herein
provided shall be paid upon voucher drawn by the
secretary-treasurer of the Board who shall likewise draw voucher
payable to himself for the salary fixed for him by the Board.
     The Board is authorized and empowered to expend from funds
collected hereunder such additional sum or sums as it may
determine necessary in the administration and enforcement of this
Article, and employ such personnel as it may deem requisite to
assist in carrying out the administrative functions required by
this Article and by the Board. (1909, c. 444, s. 11; C.S., s.
6695; 1923, c. 42, s. 4; 1935, c. 63; 1959, c. 574; 1973, c. 800,
s. 23; 1979, c. 771, s. 3; 1987, c. 645, s. 2.)

 90-123. Fees.

     In order to provide the means of carrying out and enforcing
the provisions of this Article and the duties of devolving upon
the North Carolina State Board of Examiners in Optometry, said
Board is hereby authorized to charge and collect fees established
by its rules not exceeding the following:
(1)     Each application for general optometry examination
$400.00
(2)     Each general optometry license renewal, which fee shall
be annually fixed by the Board, and not later than December 15 of
each year written notice of the amount of the renewal fee shall
be given to each optometrist licensed to practice in this State
by mailing the notice to the last address of record with the
Board of each such optometrist          250.00
(3)     Each certificate of license to a resident optometrist
desiring to change to another state or territory          200.00
(4)     Each license issued to a practitioner of another state or
territory to practice in this State          250.00
(5)     Each license to resume practice issued to an optometrist
who has retired from the practice of optometry or who has removed
from and returned to this State          250.00
(6)     Each application for registration as an optometric
assistant or renewal thereof          50.00
(7)     Each application for registration as an optometric
technician or renewal thereof          50.00
(8)     Each duplicate license or renewal thereof for each branch
office          50.00.
(1909, c. 444, s. 12; C.S., s. 6696; 1923, c. 42, s. 5; 1933, c.
492;  1937, c. 362, s. 1; 1959, c. 477; 1969, c. 624; 1973, c.
1092, s. 2; 1979, c. 771, ss. 1, 2; 1981, c. 909; 1987, c. 645,
s. 1.)

90-123.1. Continuing education courses required.
     All registered optometrists now or hereafter licensed in the
State of North Carolina are and shall be required to take annual
courses of study in subjects relating to the practice of the
profession of optometry to the end that the utilization and
application of new techniques, scientific and clinical advances,
and the achievements of research will assure expansive and
comprehensive care to the public. The length of study shall be
prescribed by the Board but shall not exceed 25 hours in any
calendar year. Attendance must be at a course or courses approved
by the Board. Attendance at any course or courses of study are to
be certified to the Board upon a form approved by the Board and
shall be submitted by each registered optometrist at the time he
makes application to the Board for the renewal of his license and
payment of his renewal fee. The Board is authorized to use up to
one half of its annual renewal fees for the purposes of
contracting with institutions of higher learning, professional
organizations, or qualified individuals for the providing of
educational programs that meet this requirement. The Board is
further authorized to treat funds set aside for the purpose of
continuing education as State funds for the purpose of accepting
any funds made available under federal law on a matching basis
for the promulgation and maintenance of programs of continuing
education. In no instance may the Board require a greater number
of hours of study than are available at approved courses held
within the State, and shall be allowed to waive this requirement
in cases of certified illness or undue hardship. (1969, c. 354;
1981, c. 811, s. 3.)


 90-124.  Rules and regulations of Board;
violation a misdemeanor.
     Rules and regulations adopted by the Board shall become
effective 30 days after passage, and the same may be proven, as
evidence, by the president and/or the secretary-treasurer of the
Board, and/or by certified copy under the hand and seal of the
secretary-treasurer.  A certified copy of any rule or regulation
shall be receivable in all courts as prima facie evidence
thereof if otherwise competent, and any person, firm, or
corporation violating any such rule or regulation shall be guilty
of a Class 2 misdemeanor, and each day that this section is
violated shall be considered a separate offense.
     The Board shall issue every two years to each licensed
optometrist a compilation or supplement of the Optometric
Practice Act and the Board Rules and Regulations, and upon
written request by such licensed optometrist, a directory of
optometrists. (1909, c. 444, s. 13; C.S., s. 6697; 1935, c. 63;
1953, c. 189; c. 1041, s. 12; 1955, c. 996; 1973, c. 800, s. 24;
1993, c. 539, s. 629; 1994, Ex. Sess., c. 24, s. 14(c).)

90-125. Practicing under other than own name or as a salaried
or commissioned employee.
     Except as provided for in Chapter 55B of the General
Statutes of North Carolina, it shall be unlawful for any person
licensed to practice optometry under the provisions of this
Article to advertise, practice, or attempt to practice under a
name other than his own, except as an associate of or assistant
to an optometrist licensed under the laws of the State of North
Carolina; and it shall be likewise unlawful for any corporation,
lay body, organization, group, or lay individuals to engage, or
undertake to engage, in the practice of optometry through means
of engaging the services, upon a salary or commission basis, of
one licensed to practice optometry or medicine in any of its
branches in this State. Likewise, it shall be unlawful for any
optometrist licensed under the provisions of this Article to
undertake to engage in the practice of optometry as a salaried or
commissioned employee of any corporation, lay body, organization,
group, or lay individual. (1935, c. 63; 1937, c. 362, s. 2; 1969,
c. 718, s. 16.)

90-126, 90-126.1. Repealed by Session Laws 1973, c. 800,
s. 26.



90-127. Application of Article.
     Nothing in this Article shall be construed to apply to
physicians and surgeons authorized to practice under the laws of
North Carolina, except the provisions contained in G.S. 90-125,
or prohibit  persons to sell spectacles, eyeglasses, or lenses as
merchandise from  permanently located and established places of
business. (1909, c. 444, s. 15; C.S., s. 6699; 1937, c. 362, s.
3.)

90-127.1. Free choice by patient guaranteed.
     No agency of the State, county or municipality, nor any
commission or clinic, nor any board administering relief, social
security, health insurance or health service under the laws of
the State of North Carolina shall deny to the recipients or
beneficiaries of their aid or services the freedom to choose a
duly licensed optometrist or duly licensed physician as the
provider of care or services which are within the scope of
practice of the profession of optometry as defined in this
Chapter. (1965, c. 396, s. 3; 1973, c. 800, s. 25.)

90-127.2. Filling prescriptions.
     Legally licensed druggists of this State may fill
prescriptions of optometrists duly licensed by the North Carolina
State Board of Examiners in Optometry to prescribe, apply or use
pharmaceutical agents. (1977, c. 482, s. 5.)

90-127.3. Copy of prescription furnished on request.
     All persons licensed or registered under this Chapter shall
upon request give each patient having received an eye examination
a copy of his spectacle prescription. No person, firm or
corporation licensed or registered under Article 17 of this
Chapter shall fill a prescription or dispense lenses, other than
spectacle lenses, unless the prescription specifically states on
its face that the prescriber intends it to be for contact lenses
and includes the type and specifications of the contact lenses
being prescribed. The prescriber shall state the expiration date
on the face of every prescription, and the expiration date shall
be no earlier than 365 days after the examination date.
     Any person, firm or corporation that dispenses contact
lenses on the prescription of a practitioner licensed under
Articles 1 or 6 of this Chapter shall, at the time of delivery of
the lenses, inform the  recipient both orally and in writing that
he return to the prescriber for insertion of the lens,
instruction on lens insertion and care, and to ascertain the
accuracy and suitability of the prescribed lens. The  statement
shall also state that if the recipient does not return to the
prescriber after delivery of the lens for the purposes stated
above, the prescriber shall not be responsible for any damages or
injury resulting from the prescribed lens, except that this
sentence does not apply if the dispenser and the prescriber are
the same person.
     Prescriptions filled pursuant to this section shall be kept
on file by the prescriber and the person filling the prescription
for at least 24 months after the prescription is filled. (1981,
c. 496, s. 14.)


 90-128:  Repealed by Session Laws 1973, c. 800,
s. 26.


                           ARTICLE 6A.
                     Optometry Peer Review.

 90-128.1.  Peer review agreements.
     (a)  The North Carolina State Board of Examiners in
Optometry may, under rules adopted by the Board in compliance
with Chapter 150B of the General Statutes, enter into agreements
with the North Carolina State Optometric Society (Society), for
the purpose of conducting peer review activities. Peer review
activities to be covered by such agreements shall be limited in
peer review proceedings to review of clinical outcomes as they
relate to the quality of health care delivered by optometrists
licensed by the Board.
     (b)  Peer review agreements shall include provisions for the
Society to receive relevant information from the Board and other
sources, provide assurance of confidentiality of nonpublic
information and of the review process, and make reports to the
Board. Peer review agreements shall include provisions assuring
due process.
     (c)  Any confidential patient information and other
nonpublic information acquired, created, or used in good faith by
the Society pursuant to this section shall remain confidential
and shall not be subject to discovery or subpoena in a civil
case.
     (d)  Peer review activities conducted in good faith pursuant
to any agreement under this section are deemed to be State
directed and sanctioned and shall constitute State action for the
purposes of application of antitrust laws. The Board shall be
responsible for legal fees arising from peer review activities.
(1997-75, s. 3.)

                           ARTICLE 7.
                           Osteopathy.

 90-129.  Osteopathy defined.
     For the purpose of this Article osteopathy is defined to be
the science of healing without the use of drugs, as taught by the
various colleges of osteopathy recognized by the North Carolina
Osteopathic Society, Incorporated. (1907, c. 764, s. 8; 1913, c.
92, s. 3; C.S., s. 6700.)

90-130. Board of Examiners; membership; officers;
meeting.
     There shall be a State Board of Osteopathic Examination and
Registration consisting of three members appointed by the
Governor, whose duty it shall be to administer the provisions of
this Article. The members of the Board shall be reputable
practitioners of osteopathy and appointed by the Governor from a
list provided by the North Carolina Osteopathic Society. For each
vacancy, the Society must submit at least three names to the
Governor, the recommendation of the president and secretary being
sufficient proof of the appointees' standing in the profession.
Their term of office shall be for three years and so designated
by the Governor that the term of one member shall expire each
year. Thereafter annually the Governor shall in like manner
appoint one person to fill the vacancy in the Board thus created.
     All Board members serving on June 30, 1983, shall be
eligible to complete their respective terms. In order to reduce
the membership of the Board from five to three, the Governor
shall make no appointments to fill the first two vacancies
occurring on the Board after June 30, 1983. A vacancy occurring
from any other cause shall be filled by the Governor for the
unexpired term in the same manner as stated above.
     The Board shall meet annually and elect a president,
secretary, and treasurer, each to serve one year. The Board shall
have a common seal, and shall adopt rules to govern its actions;
and the president and secretary shall be empowered to administer
oaths. The Board shall meet annually upon the call of the
president. Two members of the Board shall constitute a quorum,
and no certificate to practice osteopathy shall be granted on an
affirmative vote of less than two. The Board shall keep a record
of its proceedings and a register of all applicants for
certificates giving the name and location of the institution
granting the applicant the degree of doctor of or diploma in
osteopathy, the date of his or her diploma, and whether the
applicant was rejected or a certificate granted. The record and
registers shall be prima facie evidence of all matters recorded
therein. (1907, c. 764, s. 1; 1913, c. 92, s. 1; C.S., s. 6701;
1937, c. 301, s. 1; 1981, c. 884, s. 8; 1983, c. 107, s. 1.)

90-131. Educational requirements, examination and
certification of applicants.
     Any person, before engaging in the practice of osteopathy in
this State, after June 3, 1959, shall, upon the payment of a fee
of twenty-five dollars ($25.00), make application for a
certificate to practice osteopathy to the Board of Osteopathic
Examination and Registration on a form prescribed by the Board,
giving, first, his name, age (which shall not be less than 21
years), and residence; second, evidence that such applicant is of
good character and shall have, previous to the beginning of his
course in osteopathy, obtained  a diploma from a high school, or
academy, or its equivalent, and evidence of having completed not
less than two years if he matriculated in an osteopathic college
before October 1, 1952, and if  thereafter three years
preosteopathic education in an accredited college or university
approved by the Board; third, the date of his diploma, and
evidence that such diploma was granted on personal attendance and
completion of a course of not less than four academic years
conforming to the minimum standards for osteopathic colleges
established by the American Osteopathic Association. The Board
may require the applicant to file an affidavit as to any facts
pertaining to his application for a license to practice
osteopathy and shall, except as otherwise provided, give to
applicants a written examination in the subjects of anatomy,
physiology, biochemistry, toxicology, chemistry, osteopathic
pathology, bacteriology, histology, diagnosis, hygiene,
osteopathic obstetrics and gynecology, minor surgery, principles
and practice of osteopathy, and such other like subjects as the
Board may require. An applicant passing said examination with a
minimum grade in each subject of seventy percent (70%) and a
minimum general average of seventy-five percent (75%) in all
subjects and who otherwise meets the requirements of this Article
shall be licensed to practice osteopathy as defined in G.S.
90-129. The Board is authorized to promulgate rules and
regulations to carry out the provisions of this Article; and to
employ qualified personnel including persons or organizations
specially qualified in preparing, giving and grading examinations
to assist or advise the Board. The Board may refuse to grant a
certificate to any person convicted of a felony, or a crime
involving moral turpitude or who engages in gross unprofessional
or immoral conduct, or who is addicted to any vice to such a
degree as to render him unfit to practice osteopathy, and may,
after due notice and hearing, revoke such certificate for like
cause. (1907, c. 764, s. 2; 1913, c. 92, s. 1; C.S., s. 6702;
1959, c. 705, s. 1.)

90-132. When examination dispensed with; temporary permit;
annual registration.
     The Board may, in its discretion, dispense with an
examination in the case of an osteopathic physician duly
authorized to practice osteopathy in any other state or
territory, or the District of Columbia, who presents a
certificate of license issued after an examination by the legally
constituted board of such state, territory, or District of
Columbia, accorded only to applicants of equal grade with those
required in this State or who presents a certificate issued by
the National Board of Examiners for Osteopathic Physicians and
Surgeons, and who makes application on a form to be prescribed by
the Board, accompanied by a fee of seventy-five dollars ($75.00).
     The secretary of the Board may grant a temporary permit
until a regular meeting of the Board, or to such time as the
Board can conveniently meet, to one whom he considers eligible to
practice in the State, and who may desire to commence the
practice immediately. Such permit shall only be valid until legal
action of the Board can be taken. In all the above cases the fee
shall be the same as charged to applicants for examination.
     Every person licensed to practice osteopathy by the Board of
Osteopathic Examination and Registration shall, during January of
each year, register his name, office and residence addresses, and
such other information as the Board may deem necessary with the
Board secretary and shall pay a registration fee fixed by the
Board not exceeding fifty dollars ($50.00). An annual
registration receipt shall be issued and mailed to each license
holder, upon payment of the registration fee, which shall be
placed in a conspicuous position in the licensee's office, if he
practices in this State. In the event an  osteopath fails to
register as herein provided he shall pay an additional amount of
ten dollars ($10.00) to the Board. Should an osteopath fail to
register and pay the fees imposed, and should such failure
continue for a period of 30 days, the license of such osteopath
may be suspended by the Board, after notice and hearing at the
next regular meeting of the Board. Upon payment of all fees and
penalties which may be due, the license of such osteopath shall
be reinstated. (1907, c. 764, s. 2; C.S., s. 6703; 1959, c. 705,
s. 2; 1983, c. 107, s. 2.)


 90-133.  Fees held by Board; salaries; payment
of expenses.
     All fees shall be paid in advance to the treasurer of the
Board, to be by him held as a fund for the use of the State Board
of Osteopathic Examination and Registration. The compensation and
expenses of the members and officers of said Board, and all
expenses proper and necessary, in the opinion of said Board, to
discharge its duties under and to enforce the law, shall be in
accordance with G.S. 93B-5, shall be paid out of such fund, upon
the warrant of the president and secretary of said Board, and no
expense shall be created to exceed the income of fees or fines as
herein provided. (1907, c. 764, s. 3; C.S., s. 6705; 1991 (Reg.
Sess., 1992), c. 1011, s. 2.)

90-134. Subject to State and municipal regulations.
     Osteopathic physicians shall observe and be subject to all
State and municipal regulations relating to the control of
contagious  diseases, the reporting and certifying of births and
deaths, and all matters pertaining to public health, the same as
physicians of other schools of medicine, and such reports shall
be accepted by the officers or department to whom the same are
made. (1907, c. 764, s. 4; C.S., s. 6706.)

90-135. Repealed by Session Laws 1967, c. 691, s. 59.


 90-136.  Refusal, revocation or suspension of
license; misdemeanors.
     (a)  The North Carolina State Board of Osteopathic
Examination and Registration may refuse to issue a license to
anyone otherwise qualified, and may suspend or revoke any license
issued by it to any osteopathic physician, who is not of good
moral character, and/or for any one or any combination of the
following causes:
          (1)     Conviction of a felony, as shown by a certified
copy of the record of the court of conviction;
          (2)     The obtaining of or an attempt to obtain a
license, or practice in the profession, or money, or any other
thing of value, by fraudulent misrepresentations;
          (3)     Gross malpractice;
          (4)     Advertising by means of knowingly false or
deceptive statements;
          (5)     Advertising, practicing, or attempting to
practice under a name other than one's own;
          (6)     Habitual drunkenness or habitual addiction to
the use of morphine, cocaine, or other habit-forming drugs.
     (b)  Each of the following acts constitutes a Class 1
misdemeanor:
          (1)     The practice of osteopathy or an attempt to
practice osteopathy, or professing to do so without a license;
          (2)     The obtaining of or an attempt to obtain a
license, or practice in the profession, or money, or any other
thing of value by fraudulent misrepresentation;
          (3)     The making of any willfully false oath or
affirmation whenever an oath or affirmation is required by this
Article;
          (4)     Advertising, practicing or attempting to
practice osteopathy under a name other than one's own.
     (c)  The Board may neither suspend nor revoke any license,
however, for any of the causes hereinabove set forth except in
accordance with the provisions of Chapter 150B of the General
Statutes. (1937, c. 301, s. 3; 1953, c. 1041, s. 13; 1973, c.
1331, s. 3; 1987, c. 827, s. 1; 1993, c. 539, s. 630; 1994, Ex.
Sess., c. 24, s. 14(c); 1997-456, s. 27.)

90-137. Restoration of revoked license.
     Whenever any osteopath has been deprived of his license, the
North Carolina State Board of Osteopathic Examination and
Registration, in its discretion, may restore said license upon
due notice being given and hearing had, and satisfactory evidence
produced of proper reformation of the licentiate before
restoration. (1937, c. 301, s. 3.)

90-138. Objects of North Carolina Osteopathic Society.
     The objects of the North Carolina Osteopathic Society shall
be to unite the osteopaths of this State for mutual aid,
encouragement, and improvements; to encourage scientific research
in the laws of health and treatment of diseases of the human
family; to elevate the standard of professional thought and
conduct in the practice of osteopathy and to restrict the
practice of osteopathy to persons educated and trained in the
science and possessing a diploma from a reputable college of
osteopathy. (1907, c. 764, s. 7; C.S., s. 6709.)
                                
                       ARTICLE 8. 

                                
                      Chiropractic. 

                                


                           ARTICLE 8.
                          Chiropractic.

 90-139.  Creation and membership of Board of
Examiners.
     (a)  The State Board of Chiropractic Examiners is created to
consist of seven members appointed by the Governor, and General
Assembly. Six of the members shall be practicing doctors of
chiropractic, who are residents of this State and who have
actively practiced chiropractic in the State for at least eight
consecutive years immediately preceding their appointments; four
of these six members shall be appointed by the Governor, and two
by the General Assembly in accordance with G.S. 120-121, one each
upon the recommendation of the President Pro Tempore of the
Senate and the Speaker of the House of Representatives. No more
than three members of the Board may be graduates of the same
college or school of chiropractic. The other member shall be a
person chosen by the Governor to represent the public at large.
The public member shall not be a health care provider nor the
spouse of a health care provider. For purposes of Board
membership, "health care provider" means any licensed health care
professional and any agent or employee of any health care
institution, health care insurer, health care professional
school, or a member of any allied health profession. For purposes
of this section, a person enrolled in a program to prepare him to
be a licensed health care professional or an allied health
professional shall be deemed a health care provider. For purposes
of this section, any person with significant financial interest
in a health service or profession is not a public member.
     (b)  All Board members serving on June 30, 1981, shall be
eligible to complete their respective terms. No member appointed
to the Board on or after July 1, 1981, shall serve more than two
complete consecutive terms, except that each member shall serve
until his successor is chosen and qualifies. The initial
appointment of the General Assembly upon the recommendation of
the President of the Senate shall be for a term to expire June
30, 1986, and the initial appointment of the General Assembly
upon the recommendation of the Speaker of the House of
Representatives shall be for a term to expire June 30, 1985,
subsequent appointments upon the recommendation of the President
of the Senate shall be for terms of three years, subsequent
appointments upon the recommendation of the Speaker of the House
of Representatives shall be for terms of two years.
     (c)  The Governor and General Assembly, respectively, may
remove any member appointed by them for good cause shown. In
addition, upon the request of the Speaker of the House of
Representatives or the President Pro Tempore of the Senate
concerning a person appointed by the General Assembly upon the
recommendation of the Speaker of the House of Representatives or
the President Pro Tempore of the Senate, respectively, the
Governor may remove such appointee for good cause shown, if the
request is made and removal occurs either (i) when the General
Assembly has adjourned to a date certain, which date is more than
10 days after the date of adjournment, or (ii) after sine die
adjournment of the regular session. The Governor may appoint
persons to fill vacancies of persons appointed by him to fill
unexpired terms. Vacancies in appointments made by the General
Assembly shall be in accordance with G.S. 120-122. (1917, c. 73,
s. 1; C.S., s. 6710; 1979, c. 108, s. 1; 1981, c. 766, s. 1;
1983, c. 717, ss. 100-104; 1995, c. 490, s. 11.)


 90-140.  Selection of chiropractic members of
Board.
     The Governor and the General Assembly upon the
recommendation of the President Pro Tempore of the Senate shall
appoint chiropractic members of the Board for terms of three
years from a list provided by the Board, and the General Assembly
upon the recommendation of the Speaker of the House of
Representatives shall appoint a chiropractic member of the Board
for a term of two years from a list provided by the Board. For
each vacancy, the Board must submit at least three names to the
Governor, President Pro Tempore of the Senate and Speaker of the
House.
     The Board shall establish procedures for the nomination and
election of chiropractic members. These procedures shall be
adopted under Article 2 of Chapter 150B of the General Statutes,
and notice of the proposed procedures shall be given to all
licensed chiropractors residing in North Carolina. These
procedures shall not conflict with the provisions of this
section. Every chiropractor with a current North Carolina license
residing in this State shall be eligible to vote in all such
elections, and the list of licensed chiropractors shall
constitute the registration list for elections. Any decision of
the Board relative to the conduct of such elections may be
challenged by civil action in the Wake County Superior Court. A
challenge must be filed not later than 30 days after the Board
has rendered the decision in controversy, and all such cases
shall be heard de novo. (1917, c. 73, s. 2; C.S., s. 6711; 1933,
c. 442, s. 1; 1963, c. 646, s. 1; 1979, c. 108, s. 2; 1981, c.
766, s. 2; 1983, c. 717, s. 106; 1987, c. 827, s. 1; 1995, c.
490, s. 11.1.)

90-141. Organization; quorum.
     The Board of Chiropractic Examiners shall elect such
officers as they may deem necessary. Four members of the Board
shall constitute a quorum for the transaction of business. (1917,
c. 73, s. 4; C.S., s. 6713; 1933, c. 442, s. 1; 1981, c. 766, s.
3.)

90-142. Rules and regulations.
     The State Board of Chiropractic Examiners may adopt suitable
rules and regulations for the performance of their duties and the
enforcement of the provisions of this Article. (1919, c. 148, s.
4; C.S., s. 6714; 1967, c. 263, s. 2.)


 90-143.  Definitions of chiropractic;
examinations; educational requirements.
     (a)  "Chiropractic" is herein defined to be the science of
adjusting the cause of disease by realigning the spine, releasing
pressure on nerves radiating from the spine to all parts of the
body, and allowing the nerves to carry their full quota of health
current (nerve energy) from the brain to all parts of the body.
     (b)  It shall be the duty of the North Carolina State Board
of Chiropractic Examiners (hereinafter referred to as "Board") to
examine for licensure to practice chiropractic in this State any
applicant who is or will become, within 60 days of examination, a
graduate of a four-year chiropractic college that is either
accredited by the Council on Chiropractic Education or deemed by
the Board to be the equivalent of such a college and who
furnishes to the Board, in the manner prescribed by the Board,
all of the following:
          (1)     Satisfactory evidence of good moral character.
          (2)     Proof that the applicant has received a
baccalaureate degree from a college or university accredited by a
regional accreditation body recognized by the United States
Department of Education.
          (3)     A transcript confirming that the applicant has
received at least 4,200 hours of accredited chiropractic
education. The Board shall not count any hours earned at an
institution that was not accredited by the Council on
Chiropractic Education or was not, as determined by the Board,
the equivalent of such an institution at the time the hours were
earned.
The examination shall include, but not be limited to, the
following studies: neurology, chemistry, pathology, anatomy,
histology, physiology, embryology, dermatology, diagnosis,
microscopy, gynecology, hygiene, eye, ear, nose and throat,
orthopody, diagnostic radiology, jurisprudence, palpation, nerve
tracing, chiropractic philosophy, theory, teaching and practice
of chiropractic.
     (c)  The Board shall not issue a license to any applicant
until the applicant exhibits a diploma or other proof that the
Doctor of Chiropractic degree has been conferred.
     (d)  The Board may grant a license to an applicant if the
applicant's scores on all parts of the examination given by the
National Board of Chiropractic Examiners equal or exceed passing
scores on the Board's examination, and the applicant satisfies
all other requirements for licensure as provided in this Article.
(1917, c. 73, s. 5; 1919, c. 148, ss. 1, 2, 5; C.S., s. 6715;
1933, c. 442, s. 1; 1937, c. 293, s. 1; 1963, c. 646, s. 2; 1967,
c. 263, s. 3; 1977, c. 1109, s. 1; 1981, c. 766, s. 4; 1987, c.
304; 1989, c. 555, ss. 2, 3, 4; 1997-230, s. 1.)

90-143.1. Applicants licensed in other states.
     If an applicant for licensure is already licensed in another
state to practice chiropractic, the Board shall issue a license
to practice chiropractic to the applicant upon evidence that:
 (1) The applicant is currently an active, competent practitioner
                                     and is in good standing; and
     (2) The applicant has practiced at least one year out of the
    three years immediately preceding his or her application; and
     (3) The applicant currently holds a valid license in another
                                                       state; and
(4) No disciplinary proceeding or unresolved complaint is pending
anywhere at the time a license is to be issued by this State; and
 (5) The licensure requirements in the other state are equivalent
                  to or higher than those required by this State.
     Any license issued upon the application of any chiropractor
from  any other state shall be subject to all of the provisions
of this Article with reference to the license issued by the State
Board of Chiropractic Examiners upon examination, and the rights
and privileges to practice the profession of chiropractic under
any license so issued shall be subject to the same duties,
obligations, restrictions, and conditions as imposed by this
Article on chiropractors originally examined by the State Board
of Chiropractic Examiners. (1981, c. 766, s. 5.)

 90-143.2.  Certification of diagnostic imaging
technicians.
     The State Board of Chiropractic Examiners shall certify the
competence of any person employed by a licensed chiropractor
practicing in the State if the employee's duties include the
production of diagnostic images, whether by X ray or other
imaging technology.  Applicants for certification must
demonstrate proficiency in the following subjects:
          (1)     Physics and equipment of radiographic imaging;
          (2)     Principles of radiographic exposure;
          (3)     Radiographic protection;
          (4)     Anatomy and physiology;
          (5)     Radiographic positioning and procedure.
The State Board of Chiropractic Examiners may adopt rules
pertaining to initial educational requirements, examination of
applicants, and continuing education requirements as are
reasonably required to enforce this provision. (1991, c. 633.)

90-144. Meetings of Board of Examiners.
     The North Carolina Board of Chiropractic Examiners shall
meet at least once a year at such time and place as said Board
shall determine at which meetings applicants for license shall be
examined. (1917, c. 73, s. 6; C.S., s. 6716; 1933, c. 442, s. 1;
1949, c. 785, s. 1; 1985, c. 760, s. 1.)

90-145. Grant of license.
     The Board of Chiropractic Examiners shall grant to each
applicant who is found to be competent, upon examination, a
license authorizing him or her to practice chiropractic in North
Carolina. (1917, c. 73, s. 7; C.S., s. 6717; 1949, c. 785, s. 2;
1981, c. 766, s. 6.)

90-146. Graduates from other states.
     A graduate of a regular chiropractic school who comes into
this State from another state may be granted a license by the
Board of Examiners as required in this Article. (1917, c. 73, s.
8; C.S., s. 6718.)


 90-147.  Practice without license a
misdemeanor.
     Any person practicing chiropractic in this State without
having first obtained a license as provided in this Article shall
be guilty of a Class 1 misdemeanor. (1917, c. 73, s. 9; C.S., s.
6719; 1993, c. 539, s. 631; 1994, Ex. Sess., c. 24, s. 14(c).)

90-148. Records of Board.
     The secretary of the Board of Chiropractic Examiners shall
keep a record of the proceedings of the Board, giving the name of
each applicant for license, and the name of each applicant
licensed and the date of such license. (1917, c. 73, s. 10; C.S.,
s. 6720.)

90-149. Application fee.
     Each applicant shall pay the secretary of said Board a fee
as prescribed and set by the Board which fee shall not be more
than one hundred dollars ($100.00). (1917, c. 73, s. 11; C.S., s.
6721; 1977, c. 922, s. 1.)

90-150. Repealed by Session Laws 1967, c. 218, s. 4.

90-151. Extent and limitation of license.
     Any person obtaining a license from the Board of
Chiropractic Examiners shall have the right to practice the
science known as chiropractic, in accordance with the method,
thought, and practice of chiropractors, as taught in recognized
chiropractic schools and colleges, but shall not prescribe for or
administer to any person any medicine or drugs, nor practice
osteopathy or surgery. (1917, c. 73, s. 12; C.S., s. 6722; 1933,
c. 442, s. 3.)


 90-151.1.  Selling nutritional supplements to
patients.
     A chiropractic physician may sell nutritional supplements at
a chiropractic office to a patient as part of the patient's plan
of treatment but may not otherwise sell nutritional supplements
at a chiropractic office. A chiropractic physician who sells
nutritional supplements to a patient must keep a record of the
sale that complies with G.S. 105-164.24, except that the record
may not disclose the name of the patient. (1997-369, s. 1.)

90-152. Repealed by Session Laws 1967, c. 691, s. 59.

90-153. Licensed chiropractors may practice in public
hospitals.
     A licensed chiropractor in this State may have access to and
practice chiropractic in any hospital or sanitarium in this State
that receives aid or support from the public, and shall have
access to diagnostic X-ray records and laboratory records
relating to the chiropractor's patient. (1919, c. 148, s. 3;
C.S., s. 6724; 1977, c. 1109, s. 2.)


 90-154.  Grounds for professional
discipline.
     (a)  The Board of Chiropractic Examiners may impose any of
the following sanctions, singly or in combination, when it finds
that a practitioner or applicant is guilty of any offense
described in subsection (b):
          (1)     Permanently revoke a license to practice
chiropractic;
          (2)     Suspend a license to practice chiropractic;
          (3)     Refuse to grant a license;
          (4)     Censure a practitioner;
          (5)     Issue a letter of reprimand;
          (6)     Place a practitioner on probationary status and
require him to report regularly to the Board upon the matters
which are the basis of probation.
     (b)  Any one of the following is grounds for disciplinary
action by the Board under subsection (a):
          (1)     Advertising services in a false or misleading
manner.
          (2)     Conviction of a felony or of a crime involving
moral turpitude.
          (3)     Addiction to or severe dependency upon alcohol
or any other drug that impairs the ability to practice safely.
          (4)     Unethical conduct as defined in G.S. 90-154.2.
          (5)     Negligence, incompetence, or malpractice in the
practice of chiropractic.
          (6)     Repealed by Session Laws 1995, c. 188, s. 1.
          (7)     Not rendering acceptable care in the practice
of the profession as defined in G.S. 90-154.3.
          (8)     Lewd or immoral conduct toward a patient.
          (9)     Committing or attempting to commit fraud,
deception, or misrepresentation.
          (10)     Offering to waive a patient's obligation to
pay any deductible or copayment required by the patient's
insurer.
          (11)     Failing to honor promptly a patient's request
for a copy of any claim form submitted to the patient's insurer.
          (12)     Rebating or offering to rebate to a patient
any portion of the funds received from the patient's insurer,
unless the sum rebated constitutes the refund of an overpayment
to which the patient is lawfully entitled.
          (13)     Advertising any free or reduced rate service
without prominently stating in the advertisement the usual fee
for that service.
          (14)     Charging an insurer or other third-party payor
a fee greater than a patient would be charged for the same
service if the patient were paying directly.
          (15)     Charging an insurer or other third-party payor
a fee greater than the advertised fee for the same service.
          (16)     Violating the provisions of G.S. 90-154.1.
          (17)     Physical, mental, or emotional infirmity of
such severity as to impair the ability to practice safely.
          (18)     Violating the provisions of G.S. 90-151
regarding the extent and limitation of license.
          (19)     Concealing information from the Board or
failing to respond truthfully and completely to an inquiry from
the Board concerning any matter affecting licensure.
          (20)     Failing to comply with a decision of the Board
that is final. (1917, c. 73, s. 14; C.S., s. 6725; 1949, c. 785,
s. 3; 1963, c. 646, s. 3; 1981, c. 766, s. 7; 1983 (Reg. Sess.,
1984), c. 1067, s. 1; 1985, c. 367, ss. 1, 2; c. 760, ss. 2, 3;
1995, c. 188, s. 1.)


 90-154.1.  Collection of certain fees
prohibited.
     (a)  Any patient or any other person responsible for payment
has the right to refuse to pay, cancel payment, or be reimbursed
for payment for any service, examination, or treatment other than
the advertised reduced rate service, examination or treatment
which is performed as a result of and within 72 hours of
responding to any advertisement for a free or reduced rate
service, free or reduced rate examination, or free or reduced
rate treatment. Any further treatment shall be agreed upon in
writing and signed by both parties.
     (b)  Any chiropractic advertisement that offers a free or
reduced rate service, examination or treatment shall contain the
following notice to prospective patients: "If you decide to
purchase additional treatment, you have the legal right to change
your mind within three days and receive a refund." If the
advertisement is published in print, the foregoing notice shall
appear in capital letters clearly distinguishable from the rest
of the text. If the advertisement is broadcast on radio or
television, the foregoing notice shall be recited at the end of
the advertisement.
     (c)  Repealed by Session Laws 1995, c. 188, s. 2.
     (d)  Any bill sent to a patient or any other person
responsible for payment as a result of the patient responding to
a chiropractic advertisement shall clearly contain the language
of the first sentence of subsection (a) and have distinguished on
its face the charge for the reduced rate services, including an
itemization of free services, and the separate charge for any
services, examinations or treatments other than the advertised
free or reduced rate services, examinations, or treatments. The
reduced rate charges shall be labeled "Free or Reduced Rate
Charges" and any other charges shall be labeled "Non-advertised
Services, Examinations, or Treatments". (1985, c. 367, s. 3;
1987, c. 733; 1995, c. 188, s. 2.)

90-154.2. Unethical conduct.
     Unethical conduct is defined as:
    (1) The over-utilization or improper use, in the providing of
     treatment, physiological therapeutics, radiographics, or any
     other service not commensurate with the stated diagnosis and
    clinical findings. This determination shall be based upon the
    collective findings and experience of the Board utilizing the
 best available, relative information and advice. There must be a
                 rationale for the services provided the patient.
  (2) The billing or otherwise charging of a fee to a third party
     payor for a service offered by the doctor as a free service,
 which service is accepted as a free service by any patient when,
in fact, the doctor of chiropractic is transmitting any charge to
                                 a third-party payor for payment.
(3) The over-utilization of ionizing radiation in the re-X-ray of
           a patient. The acceptable guidelines for re-X-ray are:
                                   a. When fractures are evident;
                   b. When bone pathologies are under evaluation;
            c. When soft tissue pathologies are under evaluation;
                                       d. When there is reinjury;
 e. When the original X-ray findings have revealed limitations of
  ranges and motion, re-X-ray may be done after clinical progress
   has revealed objective improvement, but not within 12 days and
                           only limited views would be indicated.
         (4) Any licensee's failure to use the words Chiropractic
 Physician, Chiropractor or the initials D.C. in conjunction with
     the use of his name in his capacity as a Chiropractor on all
    reports, statements of claim for services rendered and on all
   signs, letterheads, business cards, advertising, and any other
                                         items of identification.
          (5) Violation of the Rules of Ethics of Advertising and
                                                       Publicity.
           (6) The allowance of any unlicensed person to practice
 chiropractic in the office of a licensed chiropractic. (1985, c.
                                                      760, s. 4.)


 90-154.3.  Acceptable care in the practice of
chiropractic.
     (a)  It shall be unlawful for a doctor of chiropractic to
examine, treat, or render any professional service to a patient
that does not conform to the standards of acceptable care.
     (b)  For purposes of disciplinary action, the Board of
Chiropractic Examiners may adopt rules that establish and define
standards of acceptable care with respect to:
          (1)     Examination and diagnosis;
          (2)     The use of chiropractic adjustive procedures;
          (3)     Physiological therapeutic agents;
          (4)     Diagnostic radiology;
          (5)     The maintenance of patient records; and
          (6)     Sanitation, safety, and the adequacy of
clinical equipment.
     (c)  If the Board has not defined a standard of acceptable
care by rule, then the standard of acceptable care shall be the
usual and customary method as taught in the majority of
recognized chiropractic colleges.
     (d)  Nothing in this section shall alter the lawful scope of
practice of chiropractic as defined in G.S. 90-143 or the
limitation of license as defined in G.S. 90-151. (1985, c. 760,
s. 5; 1995, c. 188, s. 3.)

90-155. Annual fee for renewal of license.
     Any person practicing chiropractic in this State, in order
to renew his license, shall, on or before the first Tuesday after
the first Monday in January in each year after a license is
issued to him as herein provided, pay to the secretary of the
Board of Chiropractic  Examiners a renewal license fee as
prescribed and set by the said Board which fee shall not be more
than one hundred dollars ($100.00), and shall furnish the Board
evidence that he has attended two days of educational sessions or
programs approved by the Board during the preceding 12 months,
provided the Board may waive this educational requirement due to
sickness or other hardship of applicant.
     Any license or certificate granted by the Board under this
Article  shall automatically be canceled if the holder thereof
fails to secure  a renewal within 30 days from the time herein
provided; but any license thus canceled may, upon evidence of
good moral character and proper proficiency, be restored upon the
payment of the renewal fee and an additional twenty-five dollars
($25.00) reinstatement fee.
     If any licensee of the Board retires from active practice,
the licensee may renew his license annually by paying the license
fee and shall not be required to furnish the Board proof of
continuing education; however, if at a later time the licensee
desires to resume active practice, the licensee shall first
appear before the Board and the Board shall determine his
competency to practice. (1917, c. 73, s. 15; C.S., s. 6726; 1933,
c. 442, s. 4; 1937, c. 293, s. 2; 1963, c. 646, s. 4; 1971, c.
715; 1977, c. 922, ss. 2, 3; 1985, c. 760, s. 6.)

90-156. Pay of Board and authorized expenditures.
     The members of the Board of Chiropractic Examiners shall
receive their actual expenses, including transportation and
lodging, when meeting for the purpose of holding examinations,
and performing any other duties placed upon them by this Article,
such expenses to be paid by the treasurer of the Board out of the
moneys received by him as license fees, or from renewal fees. The
Board shall also expend out of such fund so much as may be
necessary for preparing licenses, securing seal, providing for
programs for licensed doctors of chiropractic in North Carolina,
and all other necessary expenses in connection with the duties of
the Board. (1917, c. 73, s. 16; C.S., s. 6727; 1949, c. 785, s.
4; 1981, c. 766, s. 8.)

90-157. Chiropractors subject to State and municipal
regulations.
     Chiropractors shall observe and be subject to all State and
municipal regulations relating to the control of contagious and
infectious diseases. (1917, c. 73, s. 17; C.S., s. 6728.)

90-157.1. Free choice by patient guaranteed.
     No agency of the State, county or municipality, nor any
commission or clinic, nor any board administering relief, social
security, health insurance or health service under the laws of
the State of North Carolina shall deny to the recipients or
beneficiaries of their aid or services the freedom to choose a
duly licensed chiropractor as the provider of care or services
which are within the scope of practice of the profession of
chiropractic as defined in this Chapter. (1977, c. 1109, s. 3.)

 90-157.2.  Chiropractor as expert witness.
     A Doctor of Chiropractic, for all legal purposes, shall be
considered an expert in his field and, when properly qualified,
may testify in a court of law as to:
          (1)     The etiology, diagnosis, prognosis, and
disability, including anatomical, neurological, physiological,
and pathological considerations within the scope of chiropractic,
as defined in G.S. 90-151; and
          (2)     The physiological dynamics of contiguous spinal
structures which can cause neurological disturbances, the
chiropractic procedure preparatory to, and complementary to the
correction thereof, by an adjustment of the articulations of the
vertebral column and other articulations. (1977, c. 1109, s. 3;
1989, c. 555, s. 1.)

                        ARTICLE 9.
                   Nurse Practice Act.

90-158 to 90-171.18. Recodified as  90-171.19 to
90-171.47.


                       ARTICLE 9A. 

                  Nursing Practice Act. 


90-171.19. Legislative findings.
     The General Assembly of North Carolina finds that mandatory
licensure of all who engage in the practice of nursing is
necessary to ensure minimum standards of competency and to
provide the public safe nursing care. (1981, c. 360, s. 1.)

90-171.20. Definitions.
     As used in this Article, unless the context requires
otherwise:
           (1) "Board" means the North Carolina Board of Nursing.
        (2) "Health care provider" means any licensed health care
        professional and any agent or employee of any health care
       institution, health care insurer, health care professional
school, or a member of any allied health profession. For purposes
of this Article, a person enrolled in a program to prepare him to
       be a licensed health care professional or an allied health
             professional shall be deemed a health care provider.
     (3) "License" means a permit issued by the Board to practice
  nursing as a registered nurse or as a licensed practical nurse,
                                     including a renewal thereof.
 (4) "Nursing" is a dynamic discipline which includes the caring,
   counseling, teaching, referring and implementing of prescribed
   treatment in the prevention and management of illness, injury,
        disability or the achievement of a dignified death. It is
          ministering to; assisting; and sustained, vigilant, and
 continuous care of those acutely or chronically ill; supervising
 patients during convalescence and rehabilitation; the supportive
 and restorative care given to  maintain the optimum health level
   of individuals and communities; the supervision, teaching, and
evaluation of those who perform or are preparing to perform these
functions; and the administration of nursing programs and nursing
                                                        services.
     (5) "Nursing program" means any educational program in North
     Carolina offering to prepare persons to meet the educational
                   requirements for licensure under this Article.
      (6) "Person" means an individual, corporation, partnership,
          association, unit of government, or other legal entity.
  (7) The "practice of nursing by a registered nurse" consists of
                                   the following nine components:
 a. Assessing the patient's physical and mental health, including
      the patient's reaction to illnesses and treatment regimens;
b. Recording and reporting the results of the nursing assessment;
  c. Planning, initiating, delivering, and evaluating appropriate
                                                    nursing acts;
     d. Teaching, delegating to or supervising other personnel in
                              implementing the treatment regimen;
 e. Collaborating with other health care providers in determining
    the appropriate health care for a patient but, subject to the
  provisions of G.S. 90-18.2, not prescribing a medical treatment
  regimen or making a medical diagnosis, except under supervision
                                         of a licensed physician;
         f. Implementing the treatment and pharmaceutical regimen
    prescribed by any person authorized by State law to prescribe
                                                  such a regimen;
  g. Providing teaching and counseling about the patient's health
                                                            care;
h. Reporting and recording the plan for care, nursing care given,
                     and the patient's response to that care; and
i. Supervising, teaching, and evaluating those who perform or are
 preparing to perform nursing functions and administering nursing
                                   programs and nursing services.
      (8) The "practice of nursing by a licensed practical nurse"
                       consists of the following five components:
  a. Participating in assessing the patient's physical and mental
         health including the patient's reaction to illnesses and
                                              treatment regimens;
b. Recording and reporting the results of the nursing assessment;
  c. Participating in implementing the health care plan developed
          by the registered nurse and/or prescribed by any person
  authorized by State law to prescribe such a plan, by performing
  tasks delegated by and performed under the supervision or under
orders or directions of a registered nurse, physician licensed to
  practice medicine, dentist, or other person authorized by State
                                 law to provide such supervision;
d. Reinforcing the teaching and counseling of a registered nurse,
    physician licensed to practice medicine in North Carolina, or
                                                     dentist; and
     e. Reporting and recording the nursing care rendered and the
           patient's response to that care. (1981, c. 360, s. 1.)


 90-171.21.  Board of Nursing; composition;
selection; vacancies; qualifications; term of office;
compensation.
     (a)  The Board shall consist of 15 members. Nine members
shall be registered nurses. Four members shall be licensed
practical nurses. Two members shall be representatives of the
public.
     (b)  Selection. -- The North Carolina Board of Nursing shall
conduct an election each year to fill vacancies of nurse members
of the Board scheduled to occur during the next year. Nominations
of candidates for election of registered nurse members shall be
made by written petition signed by not less than 10 registered
nurses eligible to vote in the election. Nominations of
candidates for election of licensed practical nurse members shall
be made by written petition signed by not less than 10 licensed
practical nurses eligible to vote in the election. Every licensed
registered nurse holding an active license shall be eligible to
vote in the election of registered nurse board members. Every
licensed practical nurse holding an active license shall be
eligible to vote in the election of licensed practical nurse
board members. The list of nominations shall be filed with the
Board after January 1 of the year in which the election is to be
held and no later than midnight of the first day of April of such
year. Before preparing ballots, the Board shall notify each
person who has been duly nominated of his nomination and request
permission to enter his name on the ballot. A member of the Board
who is nominated to succeed himself and who does not withdraw his
name from the ballot is disqualified to participate in conducting
the election. Elected members shall begin their term of office on
January 1 of the year following their election.
     Nominations of persons to serve as public members of the
Board may be made to the Governor by any citizen or group within
the State. The Governor shall appoint the two public members to
the Board.
     Board members shall be commissioned by the Governor upon
their election or appointment.
     (c)  Vacancies. -- The Governor shall fill all unexpired
terms on the Board within 30 days after the term is vacated. For
vacancies of registered nurse or licensed practical nurse
members, the Governor shall appoint the person who received the
next highest number of votes to those elected members at the most
recent election for board members. The Governor shall select the
public member to fill any vacancy of a public member. Appointees
shall serve the remainder of the unexpired term and until their
successors have been duly elected or appointed and qualified.
     (d)  Qualifications. -- Three of the registered nurse
members shall hold positions with primary responsibility in
nursing education and shall hold baccalaureate or advanced
degrees. Six shall hold positions with primary responsibility in
providing nursing care to patients. Of the six registered nurse
members with primary responsibility in providing nursing care to
patients, two shall be employed by a hospital and at least one
shall be a hospital nursing service director; one shall be
employed by a physician licensed to practice medicine in North
Carolina and engaged in the private practice of medicine; one
shall be employed by a skilled or intermediate care facility; one
shall be a registered nurse, approved to perform medical acts;
and one shall be a community health nurse. If no nurse is
nominated in one of the categories, the position shall be an at-
large registered nursing position.
          (1)     All registered nurse members shall meet the
following criteria:
               a.     Hold a current license to practice as a
registered nurse in North Carolina;
               b.     Have at least five years' experience in
nursing practice, nursing administration, and/or nursing
education; and
               c.     Have been engaged in nursing practice,
nursing administration, or nursing education for at least three
years immediately preceding election.
          (2)     Licensed practical nurse members shall meet the
following criteria:
               a.     Hold a current license to practice as a
licensed practical nurse in North Carolina;
               b.     Be a graduate of a board-approved program
for the preparation of practical nurses;
               c.     Have at least five years' experience as a
licensed practical nurse; and
               d.     Have been engaged in practical nursing for
at least three years immediately preceding election.
          (3)     A public member shall not be a health care
provider nor the spouse of a health care provider. Public members
shall reasonably represent the population of the State.
     (e)  Term. -- The term of office for board members shall be
three years. No member shall serve more than two consecutive
three-year terms after July 1, 1981.
     (f)  Removal. -- The Board may remove any of its members for
neglect of duty, incompetence, or unprofessional conduct. A
member subject to disciplinary proceedings shall be disqualified
from Board business until the charges are resolved.
     (g)  Reimbursement. -- Board members are entitled to receive
compensation and reimbursement as authorized by G.S. 93B-5.
(1981, c. 360, s. 1; c. 852, s. 1; 1987, c. 651, s. 2; 1991, c.
643, s. 1; 1991 (Reg. Sess., 1992), c. 1011, s. 3; 1997-456, s.
27.)

90-171.22. Officers.
     The officers of the Board shall be a chairman, who shall be
a registered nurse, a vice-chairman, and such other officers as
the Board may deem necessary. All officers shall be elected
annually by the Board for terms of one year and shall serve until
their successors have been elected and qualified. (1981, c. 360,
s. 1.)


 90-171.23.  Duties, powers, and meetings.
     (a)  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.
     (b)  Duties, powers. The Board is empowered to:
          (1)     Administer this Article;
          (2)     Issue its interpretations of this Article;
          (3)     Adopt, amend or repeal rules and regulations as
may be necessary to carry out the provisions of this Article;
          (4)     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;
          (5)     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;
          (6)     Examine, license, and renew the licenses of
duly qualified applicants for licensure;
          (7)     Cause the prosecution of all persons violating
this Article;
          (8)     Prescribe 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;
          (9)     Survey all nursing programs at least every five
years or more often as deemed necessary by the Board or program
director;
          (10)     Grant or deny approval for nursing programs as
provided in G.S. 90-171.39;
          (11)     Upon request, grant or deny approval of
continuing education programs for nurses as provided in G.S. 90-
171.42;
          (12)     Keep a record of all proceedings and make
available to the Governor and licensees an annual summary of all
actions taken;
          (13)     Appoint, as necessary, advisory committees
which may include persons other than Board members to deal with
any issue under study;
          (14)     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. 90-6. 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;
          (15)     Recommend and collect such fees for licensure,
license renewal, examinations and reexaminations as it deems
necessary for fulfilling the purposes of this Article; and
          (16)     Adopt a seal containing the name of the Board
for use on all certificates, licenses, and official reports
issued by it.
          (17)     Enter into interstate compacts to facilitate
the practice and regulation of nursing. (1981, c. 360, s. 1; c.
665, s. 2; c. 852, s. 4; 1995, c. 94, s. 28; 1997-491, s. 1.)


 90-171.24.  Executive director.
     The executive director shall perform the duties prescribed
by the Board, serve as secretary/treasurer to the Board, and
furnish a surety bond as provided in G.S. 128-8.  The bond shall
be made payable to the Board. (1981, c. 360, s. 1; 1993, c. 198,
s. 1.)


 90-171.25.  Custody and use of funds.
     The executive director shall deposit in financial
institutions designated by the Board as official depositories all
fees payable to the Board. The funds shall be deposited in the
name of the Board and shall be used to pay all expenses incurred
by the Board in carrying out the purposes of this Article. (1981,
c. 360, s. 1; 1993, c. 198, s. 2; c. 257, s. 4; 1995, c. 509, s.
41.)

90-171.26. The Board may accept contributions, etc.
     The Board may accept grants, contributions, devices,
bequests, and gifts which shall be kept in a separate fund and
shall be used by it to enhance the practice of nursing. (1981, c.
360, s. 1.)


 90-171.27.  Expenses payable from fees
collected by Board.
     (a)  All salaries, compensation, and expenses incurred or
allowed for the purposes of carrying out this Article shall be
paid by the Board exclusively out of the fees received by the
Board as authorized by this Article, or funds received from other
sources. In no case shall any salary, expense, or other
obligation of the Board be charged against the treasury of the
State of North Carolina. All moneys and receipts shall be kept in
a special fund by and for the use of the Board for the exclusive
purpose of carrying out the provisions of this Article.
     (b)  The schedule of fees shall not exceed the following
rates:
Application for examination leading to certificate and license as
                            registered nurse               $75.00
   Application for certificate and license as registered nurse by
                                 endorsement               150.00
   Application for each re-examination leading to certificate and
                  license as registered nurse               75.00
     Renewal of license to practice as registered nurse (two-year
                                     period)               100.00
Reinstatement of lapsed license to practice as a registered nurse
                             and renewal fee               180.00
Application for examination leading to certificate and license as
      licensed practical nurse by examination               75.00
    Application for certificate and license as licensed practical
                        nurse by endorsement               150.00
   Application for each re-examination leading to certificate and
          license as licensed practical nurse               75.00
Renewal of license to practice as a licensed practical nurse (two-
                                year period)               100.00
        Reinstatement of lapsed license to practice as a licensed
             practical nurse and renewal fee               180.00
        Reasonable charge for duplication services and materials.
A fee for an item listed in this schedule shall not increase from
one year to the next by more than twenty percent (20%).
     (c)  No refund of fees will be made.
     (d)  The Board may assess costs of disciplinary action
against a nurse found in violation of the North Carolina Nursing
Practice Act. (1947, c. 1091, s. 1; 1953, c. 750; c. 1199, ss. 1,
4; 1955, c. 1266, ss. 2, 3; 1961, c. 431, s. 2; 1965, c. 578, s.
1; 1971, c. 534; 1981, c. 360, s. 1; c. 661; 1987, c. 651, s. 1;
1997-384, s. 1.)

90-171.28. Nurses registered under previous law.
     On June 30, 1981, any nurse who holds a license to practice
nursing as a registered nurse or licensed practical nurse, issued
by a competent authority pursuant to laws providing for the
licensure of nurses in North Carolina, shall be deemed to be
licensed under the provisions of this Article, but such person
shall otherwise comply with the provisions of this Article
including those provisions governing licensure renewal. (1953, c.
1199, s. 1; 1965, c. 578, s. 1; 1981, c. 360, s. 1.)

90-171.29. Qualifications of applicants for examination.
     In order to be eligible for licensure by examination, the
applicant shall make a written application to the Board on forms
furnished by the Board and shall submit to the Board an
application fee and written evidence, verified by oath,
sufficient to satisfy the Board that the applicant has graduated
from a course of study approved by the Board and is mentally and
physically competent to practice nursing. (1947, c. 1091, s. 1;
1953, c. 750; c. 1199, ss. 1, 4; 1955, c. 1266, s. 2; 1961, c.
431, s. 2; 1965, c. 578, s. 1; 1973, c. 93, s. 4; 1981, c. 360,
s. 1.)


 90-171.30.  Licensure by examination.
     At least twice each year the Board shall give an
examination, at the time and place it determines, to applicants
for licensure to practice as a registered nurse or licensed
practical nurse.  The Board shall adopt rules, not inconsistent
with this Article, governing qualifications of applicants, the
conduct of applicants during the examination, and the conduct of
the examination.  The applicants shall be required to pass the
examination required by the Board.  The Board shall adopt rules
which identify the criteria which must be met by an applicant in
order to be issued a license.  When the Board determines that an
applicant has met those criteria, passed the required
examination, submitted the required fee, and has demonstrated to
the Board's satisfaction that he or she is mentally and
physically competent to practice nursing, the Board shall issue a
license to the applicant. (1947, c. 1091, s. 1; 1953, c. 1199, s.
1; 1965, c. 578, s. 1; 1981, c. 360, s. 1; 1991, c. 643, s. 2;
1993, c. 198, s. 3.)


 90-171.31.  Reexamination.
     Any applicant who fails to pass the first licensure
examination may take subsequent examinations in accordance with
the rules of the Board. (1981, c. 360, s. 1; 1993, c. 198, s. 4.)

90-171.32. Qualifications for license as a registered nurse
or a licensed practical nurse without examination.
     The Board may, without examination, issue a license to an
applicant who is duly licensed as a registered nurse or licensed
practical nurse under the laws of another state, territory of the
United States, the District of Columbia, or foreign country when
that jurisdiction's requirements for licensure as a registered
nurse or a licensed practical nurse, as the case may be, are
substantially equivalent to or exceed those of the State of North
Carolina at the time the applicant was initially licensed, and
when, in the Board's opinion, the applicant is competent to
practice nursing in this State. The Board may require such
applicant to prove competence and qualifications to practice as a
registered nurse or licensed practical nurse in North Carolina.
(1947, c. 1091, s. 1; 1953, c. 1199, s. 1; 1961, c. 431, s. 2;
1965, c. 578, s. 1; 1981, c. 360, s. 1.)


 90-171.33.  Temporary license.
     (a)  Until the implementation of the computer-adaptive
licensure examination, the Board may issue a nonrenewable
temporary license to persons who are applying for licensure under
G.S. 90-171.30, and who are scheduled for the licensure
examination at the first opportunity after graduation, for a
period not to exceed the lesser of nine months or the date of
applicant's notification of the results of the licensure
examination.  The Board shall revoke the temporary license of any
person who does not take the examination as scheduled, or who has
failed the examination for licensure as provided by this act.
     (b)  Upon implementation of the computer-adaptive licensure
examination, no temporary licenses will be issued to persons who
are applying for licensure under G.S. 90-171.30.
     (c)  The Board may issue a nonrenewable temporary license to
persons applying for licensure under G.S. 90-171.32 for a period
not to exceed the lesser of six months or until the Board
determines whether the applicant is qualified to practice nursing
in North Carolina.  Temporary licensees may perform patient-care
services within limits defined by the Board.  In defining these
limits, the Board shall consider the ability of the temporary
licensee to safely and properly carry out patient-care services.
Temporary licensees shall be held to the standard of care of a
fully licensed nurse. (1981, c. 360, s. 1; 1991, c. 643, s. 3;
1993, c. 198, s. 5.)


 90-171.34.  Licensure renewal.
     Every unencumbered license, except temporary license, issued
under this Article shall be renewed for two years.  On or before
the date the current license expires, every person who desires to
continue to practice nursing shall apply for licensure renewal to
the Board on forms furnished by the Board and shall also file the
required fee.  The Board shall provide space on the renewal form
for the licensee to specify the amount of continuing education
received during the renewal period.  Failure to renew the license
before the expiration date shall result in automatic forfeiture
of the right to practice nursing in North Carolina until such
time that the license has been reinstated. (1981, c. 360, s. 1;
1993, c. 198, s. 6.)


 90-171.35.  Reinstatement.
     A licensee who has allowed license to lapse by failure to
renew as herein provided may apply for reinstatement on a form
provided by the Board.  The Board shall require the applicant to
return the completed application with the required fee and to
furnish a statement of the reason for failure to apply for
renewal prior to the deadline.  If the license has lapsed for at
least five years, the Board shall require the applicant to
complete satisfactorily a refresher course approved by the Board,
or provide proof of active licensure within the past five years
in another jurisdiction.  The Board may require any applicant for
reinstatement to satisfy the Board that the license should be
reinstated.  If, in the opinion of the Board, the applicant has
so satisfied the Board, it shall issue a renewal of license to
practice nursing, or it shall issue a license to practice nursing
for a limited time. (1981, c. 360, s. 1; 1993, c. 198, s. 7.)


 90-171.36.  Inactive list.
     (a)  When a licensee submits a request for inactive status,
the Board shall issue to the licensee a statement of inactive
status and shall place the licensee's name on the inactive list.
While on the inactive list, the person shall not be subjected to
renewal requirements and shall not practice nursing in North
Carolina.
     (b)  When such person desires to be removed from the
inactive list and returned to the active list within five years
of being placed on inactive status, an application shall be
submitted to the Board on a form furnished by the Board and the
fee shall be paid for license renewal.  The Board shall require
evidence of competency to resume the practice of nursing before
returning the applicant to active status.  If the person has been
on the inactive list for more than five years, the applicant must
satisfactorily complete a refresher course approved by the Board
or provide proof of active licensure within the past five years
in another jurisdiction. (1981, c. 360, s. 1; 1993, c. 198, s.
8.)


 90-171.37.  Revocation, suspension, or denial
of licensure.
     The Board shall initiate an investigation upon receipt of
information about any practice that might violate any provision
of this Article or any rule or regulation promulgated by the
Board. In accordance with the provisions of Chapter 150B of the
General Statutes, the Board may require remedial education, issue
a letter of reprimand, restrict, revoke, or suspend any license
to practice nursing in North Carolina or deny any application for
licensure if the Board determines that the nurse or applicant:
          (1)     Has given false information or has withheld
material information from the Board in procuring or attempting to
procure a license to practice nursing;
          (2)     Has been convicted of or pleaded guilty or nolo
contendere to any crime which indicates that the nurse is unfit
or incompetent to practice nursing or that the nurse has deceived
or defrauded the public;
          (3)     Has a mental or physical disability or uses any
drug to a degree that interferes with his or her fitness to
practice nursing;
          (4)     Engages in conduct that endangers the public
health;
          (5)     Is unfit or incompetent to practice nursing by
reason of deliberate or negligent acts or omissions regardless of
whether actual injury to the patient is established;
          (6)     Engages in conduct that deceives, defrauds, or
harms the public in the course of professional activities or
services;
          (7)     Has violated any provision of this Article; or
          (8)     Has willfully violated any rules enacted by the
Board.
     The Board may take any of the actions specified above in
this section when a registered nurse approved to perform medical
acts has violated rules governing the performance of medical acts
by a registered nurse; provided this shall not interfere with the
authority of the North Carolina Medical Board to enforce rules
and regulations governing the performance of medical acts by a
registered nurse.
     The Board may reinstate a revoked license or remove
licensure restrictions when it finds that the reasons for
revocation or restriction no longer exist and that the nurse or
applicant can reasonably be expected to safely and properly
practice nursing. (1981, c. 360, s. 1; c. 852, s. 3; 1987, c.
827, s. 1; 1991, c. 643, s. 4; 1991 (Reg. Sess., 1992), c. 1030,
s. 22; 1995, c. 94, s. 29.)


 90-171.38.  Standards for nursing
programs.
     (a)  A nursing program may be operated under the authority
of a general hospital, or an approved post-secondary educational
institution. The Board shall establish, revise, or repeal
standards for nursing programs. These standards shall specify
program requirements, curricula, faculty, students, facilities,
resources, administration, and describe the approval process. Any
institution desiring to establish a nursing program shall apply
to the Board and submit satisfactory evidence that it will meet
the standards prescribed by the Board. Those standards shall be
designed to ensure that graduates of those programs have the
education necessary to safely and competently practice nursing.
The Board shall encourage the continued operation of all present
programs that meet the standards approved by the Board.
     (b)  Any individual, organization, association, corporation,
or institution may establish a program for the purpose of
training or educating any registered nurse licensed under G.S. 90-
171.30, 90-171.32, or 90-171.33 in the skills, procedures, and
techniques necessary to conduct medical examinations for the
purpose of collecting evidence from the victims of first-degree
rape as defined in G.S. 14-27.2, second-degree rape as defined in
G.S. 14-27.3, statutory rape as defined in G.S. 14-27.7A, first-
degree sexual offense as defined in G.S. 14-27.4, second-degree
sexual offense as defined in G.S. 14-27.5 or attempted first-
degree or second-degree rape or attempted first-degree or second-
degree sexual offense as defined in G.S. 14-27.6. The Board,
pursuant to G.S. 90-171.23(b)(14) and, in cooperation with the
North Carolina Medical Board as described in G.S. 90-6, shall
establish, revise, or repeal standards for any such program. Any
individual, organization, association, corporation, or
institution which desires to establish a program under this
subsection shall apply to the Board and submit satisfactory
evidence that it will meet the standards prescribed by the Board.
(1981, c. 360, s 1; 1987, c. 827, s. 1; 1991, c. 643, s. 5; 1997-
375, s. 1.)

90-171.39. Approval.
     The Board shall designate persons to survey proposed nursing
programs, including the clinical facilities. The persons
designated by the Board shall submit a written report of the
survey to the Board. If in the opinion of the Board the standards
for approved nursing education are met, the program shall be
given approval. (1981, c. 360, s. 1.)

90-171.40. Periodic surveys.
     The Board shall designate persons to survey all nursing
programs in the State at least every five years or more often as
deemed necessary. Written reports of such surveys shall be
submitted to the Board. If the Board determines that any approved
nursing program does not meet or maintain the standards required
by the Board, notice thereof in writing specifying the
deficiencies shall be given immediately to the institution
responsible for the program. The Board shall withdraw approval
from a program which fails to correct deficiencies within a
reasonable time. The Board shall publish annually a list of
nursing programs in this State showing their approval status.
(1981, c. 360, s. 1.)

90-171.41. Baccalaureate in nursing candidate credits.
     Every graduate of a diploma or associate degree school of
nursing in this State who has passed the registered nurse
examination shall, upon admission to any State-supported
institution of higher learning offering baccalaureate education
in nursing, be granted credit for previous experience in the
diploma or associate degree school of nursing on an individual
basis by the utilization of the most effective method of
evaluation to the end that the applicant shall receive optimum
credit and that upon graduation the applicant will have earned
the baccalaureate degree in nursing. (1969, c. 547, s. 1; 1981,
c. 360, s. 1.)

 90-171.42.  Continuing education programs.
     (a)  Upon request, the Board shall grant approval to
continuing education programs upon a finding that the program
offers an educational experience designed to enhance the practice
of nursing.
     (b)  If the program offers to teach nurses to perform
advance skills, the Board may grant approval for the program and
the performance of the advanced skills by those successfully
completing the program when it finds that the nature of the
procedures taught in the program and the program facilities and
faculty are such that a nurse successfully completing the program
can reasonably be expected to carry out those procedures safely
and competently. (1981, c. 360, s. 1; 1991, c. 643, s. 6.)


 90-171.43.  License required.
     No person shall practice or offer to practice as or use any
card, title or abbreviation to indicate that such person is a
registered nurse or licensed practical nurse unless that person
is currently licensed as provided by this Article.  This Article
shall not, however, be construed to prohibit or limit the
following:
          (1)     The performance by any person of any act for
which that person holds a license issued pursuant to North
Carolina law;
          (2)     The clinical practice by students enrolled in
approved nursing programs, continuing education programs, or
refresher courses under the supervision of qualified faculty;
          (3)     The performance of nursing performed by persons
who hold a temporary license issued pursuant to G.S. 90-171.33;
          (4)     The delegation to any person, including a
member of the patient's family, by a physician licensed to
practice medicine in North Carolina, a licensed dentist or
registered nurse of those patient-care services which are
routine, repetitive, limited in scope that do not require the
professional judgment of a registered nurse or licensed practical
nurse;
          (5)     Assistance by any person in the case of
emergency.
     Any person permitted to practice nursing without a license
as provided in subdivision (2) or (3) of this section shall be
held to the same standard of care as any licensed nurse. (1981,
c. 360, s. 1; 1993, c. 198, s. 9.)


 90-171.44.  Prohibited acts.
     It shall be a violation of this Article, and subject to
action under G.S. 90-171.37, for any person to:
          (1)     Sell, fraudulently obtain, or fraudulently
furnish any nursing diploma or aid or abet therein.
          (2)     Practice nursing under cover of any
fraudulently obtained license.
          (3)     Practice nursing without a license. This
subdivision shall not be construed to prohibit any licensed
registered nurse who has successfully completed a program
established under G.S. 90-171.38(b) from conducting medical
examinations or performing procedures to collect evidence from
the victims of offenses described in that subsection.
          (4)     Conduct a nursing program or a refresher course
for activation of a license, that is not approved by the Board.
          (5)     Employ unlicensed persons to practice nursing.
(1981, c. 360, s. 1; 1991, c. 643, s. 7; 1993, c. 198, s. 10;
1997-375, s. 2.)


 90-171.45.  Violation of Article.
     The violation of any provision of this Article, except G.S.
90-171.47, shall be a Class 1 misdemeanor. (1981, c. 360, s. 1;
1993, c. 539, s. 632; 1994, Ex. Sess., c. 24, s. 14(c).)

90-171.46. Injunctive authority.
     The Board may apply to the superior court for an injunction
to prevent violations of this Article or of any rules enacted
pursuant thereto. The court is empowered to grant such
injunctions regardless of whether criminal prosecution or other
action has been or may be instituted as a result of such
violation. (1981, c. 360, s. 1.)


 90-171.47.  Reports:  immunity from
suit.
     Any person who has reasonable cause to suspect misconduct or
incapacity of a licensee or who has reasonable cause to suspect
that any person is in violation of this Article, including those
actions specified in G.S. 90-171.37(1) through (8), G.S. 90-
171.43, and G.S. 90-171.44, shall report the relevant facts to
the Board.  Upon receipt of such charge or upon its own
initiative, the Board may give notice of an administrative
hearing or may, after diligent investigation, dismiss unfounded
charges.  Any person making a report pursuant to this section
shall be immune from any criminal prosecution or civil liability
resulting therefrom unless such person knew the report was false
or acted in reckless disregard of whether the report was false.
(1981, c. 360, s. 1; 1991, c. 643, s. 8; 1993, c. 198, s. 11.)

                       Article 9B.

  Information and Financial Assistance for Nursing Students
                             and
                     Inactive Nurses

 90-171.50. Existing scholarship and loan information
to be consolidated and published.
     The State Education Assistance Authority of the Board of
Governors of The University of North Carolina shall consolidate
information on existing scholarships and loan programs available
for nursing education. The information shall be published in a
brochure and made available to high schools, colleges, Area
Health Education Centers, and other facilities. (1987 (Reg.
Sess., 1988), c. 1049, s. 1(a).)

 90-171.51. Emergency Financial Assistance Fund.
     There is established an Emergency Financial Assistance Fund
for students in State educational nursing and licensed practical
nursing programs, to be administered by each campus.  Emergency
need is defined as acute financial need caused by a particular
event which immediately and severely impacts a particular
student's ability to continue his or her educational program in
nursing on that student's current schedule.  Allowable expenses,
for emergency assistance, shall include funds for child care,
transportation, housing, and medical care; and shall not be
considered as an ongoing source of income for those expenses.
Emergency assistance shall be limited to four hundred dollars
($400.00) per academic year for any individual. The local Board
of Trustees at each campus shall review quarterly the
expenditures under this Fund, and the Department of Community
Colleges and the Board of Governors of The University of North
Carolina shall assess the Fund's impact on completion rates in
these programs, and report their assessment to the General
Assembly. (1987 (Reg. Sess., 1988), c. 1049, s. 2(a).)

 90-171.52. Nursing licensing exam follow-up
assistance.
     The Board of Governors of The University of North Carolina
shall direct the constituent institutions and the State Board of
Community Colleges shall direct the Community Colleges to provide
follow-up assistance for their students who fail the nursing
licensing exam for the first time.  This follow-up assistance
shall include consultation with the Board of Nursing on areas
needing improvement and shall include providing additional
appropriate preparation assistance before the next exam date.
(1987 (Reg. Sess., 1988), c. 1049, s. 3.)

 90-171.53. Area Health Education Centers publicity
programs.
     The Area Health Education Centers of The University of North
Carolina and the Board of Nursing shall cooperate in developing
publicity on:
          (1)     New salary levels and job opportunities in
nursing;
          (2)     The availability of refresher courses; and
          (3)     License renewal requirements for registered
nurses whose licenses are not currently active.
This information shall be provided to nurses without a current
license in an effort to attract them back into nursing practice.
(1987 (Reg. Sess., 1988), c. 1049, s. 5.)

                           ARTICLE 9C.
                   Nurses Aides Registry Act.

 90-171.55.  Nurses Aides Registry.
     (a)  The Board of Nursing, established pursuant to G.S. 90-
171.21, shall establish a Nurses Aides Registry for persons
functioning as nurses aides regardless of title.  The Board shall
consider those Level I nurses aides employed in State licensed or
Medicare/Medicaid certified nursing facilities who meet
applicable State and federal registry requirements as adopted by
the North Carolina Medical Care Commission as having fulfilled
the training and registry requirements of the Board, except for
the fee requirements prescribed by this section.  The Board may
charge an annual fee of five dollars ($5.00) for each registry
applicant.  The Board shall adopt rules to ensure that whenever
possible, the fee is collected through the employer or
prospective employer of the registry applicant.  Fees collected
may be used by the Board in administering the registry.  The
Board's authority granted by this Article shall not conflict with
the authority of the Medical Care Commission.
     (b)     (1)     Each nurses aide training program, except
for those operated by (i) institutions under the Board of
Governors of The University of North Carolina, (ii) institutions
of the North Carolina Community College System, (iii) public high
schools, and (iv) hospital authorities acting pursuant to G.S.
131E-23(31), shall provide a guaranty bond unless the program has
already provided a bond or an alternative to a bond under G.S.
115D-95.  The Board of Nursing may revoke the approval of a
program that fails to maintain a bond or an alternative to a bond
pursuant to this subsection or G.S. 115D-95.
          (2)     When application is made for approval or
renewal of approval, the applicant shall file a guaranty bond
with the clerk of the superior court of the county in which the
program will be located.  The bond shall be in favor of the
students.  The bond shall be executed by the applicant as
principal and by a bonding company authorized to do business in
this State.  The bond shall be conditioned to provide
indemnification to any student, or his parent or guardian, who
has suffered a loss of tuition or any fees by reason of the
failure of the program to offer or complete student instruction,
academic services, or other goods and services related to course
enrollment for any reason, including the suspension, revocation,
or nonrenewal of a program's approval, bankruptcy, foreclosure,
or the program ceasing to operate.
                  The bond shall be in an amount determined by
the Board to be adequate to provide indemnification to any
student, or his parent or guardian, under the terms of the bond.
The bond amount for a program shall be at least equal to the
maximum amount of prepaid tuition held at any time during the
last fiscal year by the program.  The bond amount shall also be
at least ten thousand dollars ($10,000).
                  Each application for a license shall include a
letter signed by an authorized representative of the program
showing in detail the calculations made and the method of
computing the amount of the bond pursuant to this subdivision and
the rules of the Board.  If the Board finds that the calculations
made and the method of computing the amount of the bond are
inaccurate or that the amount of the bond is otherwise inadequate
to provide indemnification under the terms of the bond, the Board
may require the applicant to provide an additional bond.
                  The bond shall remain in force and effect until
cancelled by the guarantor.  The guarantor may cancel the bond
upon 30 days notice to the Board.  Cancellation of the bond shall
not affect any liability incurred or accrued prior to the
termination of the notice period.
          (3)     An applicant that is unable to secure a bond
may seek a waiver of the guaranty bond from the Board and
approval of one of the guaranty bond alternatives set forth in
this subdivision.  With the approval of the Board, an applicant
may file with the clerk of the superior court of the county in
which the program will be located, in lieu of a bond:
               a.     An assignment of a savings account in an
amount equal to the bond required (i) which is in a form
acceptable to the Board; (ii) which is executed by the applicant;
and (iii) which is executed by a state or federal savings and
loan association, state bank, or national bank, that is doing
business in North Carolina and whose accounts are insured by a
federal depositors corporation; and (iv) for which access to the
account in favor of the State of North Carolina is subject to the
same conditions as for a bond in subdivision (2) of this
subsection.
               b.     A certificate of deposit (i) which is
executed by a state or federal savings and loan association,
state bank, or national bank, which is doing business in North
Carolina and whose accounts are insured by a federal depositors
corporation; and (ii) which is either payable to the State of
North Carolina, unrestrictively endorsed to the Board; in the
case of a negotiable certificate of deposit, is unrestrictively
endorsed to the Board; or in the case of a nonnegotiable
certificate of deposit, is assigned to the Board in a form
satisfactory to the Board; and (iii) for which access to the
certificate of deposit in favor of the State of North Carolina is
subject to the same conditions as for a bond in subdivision (2)
of this subsection. (1989, c. 323; 1989 (Reg. Sess., 1990), c.
824, s. 5.)

                           ARTICLE 9D.
                    Nursing Scholars Program.
 90-171.60.  North Carolina Nursing Scholars
Commission established; membership.
     (a)  There is established the North Carolina Nursing
Scholars Commission. The Commission shall exercise its powers and
duties independently of the Board of Governors of The University
of North Carolina and the State Board of Community Colleges.
Staff assistance to the Commission shall be provided by the staff
of the State Education Assistance Authority (SEAA) as created in
G.S. 116-203.
     (b)  The Commission shall consist of 11 members as follows:
          (1)     The chairperson of the State Board of Nursing,
or his designee;
          (2)     The chairperson of the Board of the State
Education Assistance Authority;
          (3)     Three persons appointed by the Governor;
          (4)     Three persons appointed by the General Assembly
on the recommendation of the President Pro Tempore of the Senate
in accordance with G.S. 120-121; and
          (5)     Three persons appointed by the General Assembly
on the recommendation of the Speaker of the House of
Representatives in accordance with G.S. 120-121.
     (c)  Each of the appointing entities shall seek to achieve a
balanced membership representing, to the maximum extent possible,
the State as a whole. Commission members shall be chosen from
among individuals who have demonstrated a commitment to nursing,
health care, or education.
     (d)  Of the Commission members appointed by the Governor,
two shall each serve an initial term of two years, and one shall
serve an initial term of four years. Of the Commission members
appointed by the General Assembly upon the recommendation of the
Speaker of the House of Representatives, one shall serve an
initial term of two years, and two shall each serve an initial
term of four years. Of the Commission members appointed by the
General Assembly upon the recommendation of the President Pro
Tempore of the Senate, one shall serve an initial term of two
years, and two shall each serve an initial term of four years.
Thereafter, all appointments to the Commission shall be for four-
year terms.
     (e)  In the event a vacancy occurs for any reason, the
vacancy shall be filled by appointment by the entity that made
the appointment, except that vacancies in appointments made by
the General Assembly shall be filled in accordance with G.S. 120-
122. The new appointee shall serve for the remainder of the
unexpired term.
     (f)  The chairperson of the Commission shall be selected
annually by the Commission from its members.
     (g)  Members of the Commission shall receive per diem and
necessary travel and subsistence expenses in accordance with
Chapter 138 of the General Statutes.
     (h)  The Commission shall meet regularly at times and places
deemed necessary by the chairperson. (1989, c. 594, s. 1; 1991
(Reg. Sess., 1992), c. 879, s. 6.)


 90-171.61.  Nursing Scholars Program
established; administration.
     (a)  There is established the Nursing Scholars Program. The
North Carolina Nursing Scholars Commission shall determine
selection criteria, methods of selection, and shall select
recipients of scholarship loans made under the Nursing Scholars
Program.
     (b)  The Nursing Scholars Program shall be used to provide
the following:
          (1)     A four-year scholarship loan in the amount of
five thousand dollars ($5,000) per year, per recipient, to North
Carolina high school seniors or other persons interested in
preparing to become a registered nurse through a baccalaureate
degree program.
          (2)     A two-year scholarship loan in the amount of
three thousand dollars ($3,000) per year, per recipient, to
persons interested in preparing to be a registered nurse through
an associate degree nursing program or a diploma nursing program.
          (3)     A two-year scholarship loan in the amount of
three thousand dollars ($3,000) per year, per recipient, for two
years of baccalaureate nursing study for college juniors or
community college graduates interested in preparing to be a
registered nurse.
          (4)     A two-year scholarship loan of three thousand
dollars ($3,000) per year, per recipient, for two years of
baccalaureate study in nursing for registered nurses who do not
hold a baccalaureate degree in nursing.
          (5)     A two-year scholarship loan of six thousand
dollars ($6,000) per year, per recipient, for two years of study
leading to a master of science in nursing degree for people
already holding a baccalaureate degree in nursing.
     In addition to the scholarship loans awarded pursuant to
subdivisions (1) through (5) of this subsection, the Commission
may award pro rata scholarship loans to recipients enrolled at
least half-time in study leading to a master of science in
nursing degree who already hold a baccalaureate degree in nursing
and to recipients enrolled at least half-time in study leading to
a baccalaureate degree in nursing who already are licensed as
registered nurses. In awarding all scholarship loans, the
Commission shall give priority to full-time students over part-
time students. The State Education Assistance Authority shall
adopt specific rules to regulate scholarship loans to part-time
master of science in nursing students and part-time baccalaureate
degree students.
     Within current funds available or with any additional funds
provided by the General Assembly for this purpose, the Commission
may set aside slots for scholarship loans prescribed by
subdivisions (1) and (2) of this subsection to enable licensed
practical nurses to become registered nurses. The State Education
Assistance Authority shall adopt specific rules to regulate these
scholarship loans.
     (c)  The Commission shall adopt stringent standards, which
may include minimum grade point average, scholastic aptitude test
scores, and other standards deemed appropriate by the Commission,
to ensure that only the best potential students receive loans
under the Nursing Scholars Program. Standards adopted by the
Commission shall include provisions for ensuring that the
qualifications of applicants who are or would be nontraditional
students are considered fairly in providing them with
opportunities to compete for the loans. Loans under the Nursing
Scholars Program shall be awarded only to applicants who meet the
standards set by the Commission and who agree to practice nursing
in North Carolina upon completion of the nursing education
program supported by the loan.
     (d)  The Commission shall develop and administer the Nursing
Scholars Program in cooperation with nursing schools at
institutions approved by the Commission and the North Carolina
Board of Nursing. The Nursing Scholars Program shall provide for
participants to be exposed to a range of extracurricular
activities while in school, which activities shall be aimed at
instilling in students a strong motivation to remain in the
practice of nursing and to provide leadership for the nursing
profession.
     (e)  The Commission may form regional review committees to
assist it in identifying the best high school seniors and other
applicants for the program. The Commission and the review
committees shall make an effort to identify and encourage
minority students and students who may not otherwise consider a
career in nursing to apply for the Nursing Scholars Program.
     (f)  Upon the naming of recipients of loans from the Nursing
Scholars Program, the Commission shall inform the State Education
Assistance Authority (SEAA) of its decisions. The SEAA shall
perform all of the administrative functions necessary to
implement this Article, which functions shall include: rule-
making, dissemination of information to the public, distribution
and receipt of applications for scholarship loans, and the
functions necessary for the execution, payment, and enforcement
of promissory notes required under this Article. (1989, c. 594,
s. 1; 1991, c. 550, s. 1; 1993 (Reg. Sess., 1994), c. 769, s.
17.11(a); 1997-214, s. 1.)


 90-171.62.  Terms of loans; receipt and
disbursement of funds.
     (a)  All scholarship loans shall be evidenced by notes made
payable to the State Education Assistance Authority that bear
interest at the rate of ten percent (10%) per year beginning 90
days after completion of the nursing education program, or 90
days after termination of the scholarship loan, whichever is
earlier. The scholarship loan may be terminated upon the
recipient's withdrawal from school or by the recipient's failure
to meet the standards set by the Commission.
     (b)  The State Education Assistance Authority shall forgive
the loan if, within seven years after graduation from a nursing
education program, the recipient practices nursing in North
Carolina for one year for every year a scholarship loan was
provided. If the recipient repays the scholarship loan by cash
payments, all indebtedness shall be repaid within ten years. The
Authority may provide for accelerated repayment and for less than
full-time employment options to encourage the practice of nursing
in either geographic or nursing specialty shortage areas. The
Authority shall adopt specific rules to designate these
geographic areas and these nursing specialty shortage areas, upon
recommendations of the North Carolina Center for Nursing. The
North Carolina Center for Nursing shall base its recommendations
on objective information provided by interested groups or
agencies and upon objective information collected by the Center.
The Authority may forgive the scholarship loan if it determines
that it is impossible for the recipient to practice nursing in
North Carolina for a sufficient time to repay the loan because of
the death or permanent disability of the recipient within ten
years following graduation or termination of enrollment in a
nursing education program.
     (c)  All funds appropriated to or otherwise received by the
Nursing Scholars Program for scholarships, all funds received as
repayment of scholarship loans, and all interest earned on these
funds, shall be placed in a revolving fund. This revolving fund
may be used only for scholarship loans granted under the Nursing
Scholars Program. (1989, c. 594, s. 1; 1991, c. 550, s. 1.1; 1993
(Reg. Sess., 1994), c. 769, s. 17.11(b).)

                           ARTICLE 9E.
                Need-Based Nursing Scholarships.
 90-171.65.  Need-based nursing scholarships
fund.
     (a)  There is created a need-based scholarship loan fund for
nursing students.  Need-based scholarship loans shall be
available for study in nursing programs offered by community
colleges and The University of North Carolina, and by private
colleges which offer licensed practical nursing or registered
nursing programs.  Part-time students and nontraditional students
who have post-secondary degrees, and registered nurses pursuing a
baccalaureate degree in nursing, are eligible to receive need-
based nursing scholarship loans.
     (b)  Need-based nursing scholarship loan funds shall be
administered by the State Board of Community Colleges, the Board
of Governors of The University of North Carolina, and the State
Education Assistance Authority.  The State Board of Community
Colleges and the Board of Governors of The University of North
Carolina shall allocate the scholarship loan funds among their
respective constituent institutions which have programs of
education leading to a degree in nursing.  Distribution shall be
in a manner determined by the appropriate governing body.  The
State Education Assistance Authority shall distribute scholarship
loan funds to private nonprofit colleges which offer nursing
degree programs.  Distribution shall be in a manner determined by
the Board of the State Education Assistance Authority after
consultation with the North Carolina Association of Independent
Colleges and Universities.
     (c)  The State Education Assistance Authority shall carry
out the following functions in implementing the need-based
nursing scholarship loan program:
          (1)     Promulgate the rules and regulations necessary
to implement the scholarship program;
          (2)     Disburse, collect, and monitor scholarship loan
funds;
          (3)     Establish the terms and conditions of
promissory notes executed by loan recipients;
          (4)     Approve service repayment agreements;
          (5)     Collect cash repayments required when service
repayment is not completed; and
          (6)     Adopt rules to allow for the forgiveness of
scholarship loans if it determines that it is impossible for the
recipient to practice nursing in North Carolina for a sufficient
time to repay the loan because of the death or permanent
disability of the recipient within ten years following graduation
or termination of enrollment in a nursing education program.
     (d)  Each institution to which scholarship loan funds are
allocated shall publicize the availability of, shall disseminate,
receive and review applications for, and shall select the
recipients of scholarship loans.  Scholarship loans shall be made
only to prospective and enrolled nursing students under the terms
and conditions established for the need-based nursing scholarship
loan program by the State Education Assistance Authority. (1989,
c. 560, s. 17; 1991, c. 550, s. 1.2.)

                           ARTICLE 9F.
               North Carolina Center for Nursing.
 90-171.70.  North Carolina Center for Nursing;
establishment; goals.
     There is established the North Carolina Center for Nursing
to address issues of supply and demand for nursing, including
issues of recruitment, retention, and utilization of nurse
manpower resources.  The General Assembly finds that the Center
will repay the State's investment by providing an ongoing
strategy for the allocation of the State's resources directed
towards nursing.  The primary goals for the Center shall be:
          (1)     To develop a strategic statewide plan for
nursing manpower in North Carolina by:
               a.     Establishing and maintaining a database on
nursing supply and demand in North Carolina, to include (i)
current supply and demand, and (ii) future projections; and
               b.     Selecting priorities from the plan to be
addressed.
          (2)     To convene various groups representative of
nurses, other health care providers, business and industry,
consumers, legislators, and educators to:
               a.     Review and comment on data analysis
prepared for the Center;
               b.     Recommend systemic changes, including
strategies for implementation of recommended changes; and
               c.     To evaluate and report the results of these
efforts to the General Assembly and others.
          (3)     To enhance and promote recognition, reward, and
renewal activities for nurses in North Carolina by:
               a.     Promoting continuation of Institutes for
Nursing Excellence programs as piloted by the Area Health
Education Centers in 1989-90 or similar options;
               b.     Proposing and creating additional reward,
recognition, and renewal activities for nurses; and
               c.     Promoting media and positive image-building
efforts for nursing. (1991, c. 550, s. 3.)


 90-171.71.  North Carolina Center for Nursing;
governing board.
     (a)  The North Carolina Center for Nursing shall be governed
by a policy-setting board of directors.  The Board shall consist
of 16 members, with a simple majority of the Board being nurses
representative of various practice areas.  Other members shall
include representatives of other health care professions,
business and industry, health care providers, and consumers.  The
Board shall be appointed as follows:
          (1)     Four members appointed by the General Assembly
upon recommendation of the President Pro Tempore of the Senate,
at least one of whom shall be a registered nurse and at least one
other a representative of the hospital industry;
          (2)     Four members appointed by the General Assembly
upon the recommendation of the Speaker of the House of
Representatives, at least one of whom shall be a registered nurse
and at least one other a representative of the long-term care
industry;
          (3)     Four members appointed by the Governor, two of
whom shall be registered nurses; and
          (4)     Four nurse educators, one of whom shall be
appointed by the Board of Governors of The University of North
Carolina, one other by the State Board of Community Colleges, one
other by the North Carolina Association of Independent Colleges
and Universities, and one by the Area Health Education Centers
Program.
     (b)  The initial terms of the members shall be as follows:
          (1)     Of the members appointed pursuant to
subdivision (1) of subsection (a) of this section, two shall be
appointed for terms expiring June 30, 1994, one for a term
expiring June 30, 1993, and one for a term expiring June 30,
1992;
          (2)     Of the members appointed pursuant to
subdivision (2) of subsection (a) of this section, one shall be
appointed for a term expiring June 30, 1994, two for terms
expiring June 30, 1993, and one for a term expiring June 30,
1992;
          (3)     Of the members appointed pursuant to
subdivision (3) of subsection (a) of this section, one shall be
appointed for a term expiring June 30, 1994, one for a term
expiring June 30, 1993, and two for terms expiring June 30, 1992;
and
          (4)     Of the members appointed pursuant to
subdivision (4) of subsection (a) of this section, the terms of
the members appointed by the Board of Governors of The University
of North Carolina and the State Board of Community Colleges shall
expire June 30, 1994; the term of the member appointed by the
North Carolina Association of Independent Colleges shall expire
June 30, 1993; and the term of the member appointed by the Area
Health Education Centers Program shall expire June 30, 1992.
After the initial appointments expire, the terms of all of the
members shall be three years, with no member serving more than
two consecutive terms.
     (c)  The Board of Directors shall have the following powers
and duties:
          (1)     To employ the executive director;
          (2)     To determine operational policy;
          (3)     To elect a chairperson and officers, to serve
two-year terms.  The chairperson and officers may not succeed
themselves;
          (4)     To establish committees of the Board as needed;
          (5)     To appoint a multidisciplinary advisory council
for input and advice on policy matters;
          (6)     To implement the major functions of the Center
for Nursing as established in the goals set out in subsection (a)
of this section; and
          (7)     To seek and accept non-State funds for carrying
out Center policy.
     (d)  The Board shall receive the per diem and allowances
prescribed by G.S. 138-5 for State boards and commissions.
     (e)  The North Carolina Center for Nursing shall be
administered by The University of North Carolina through the
Center's Board of Directors established under this section.
(1991, c. 550, s. 3; 1991 (Reg. Sess., 1992), c. 879, s. 4.)

 90-171.72.  North Carolina Center for Nursing; State
support.
     The General Assembly finds that it is imperative that the
State protect its investment and progress made in its nursing
efforts to date.  The General Assembly further finds that the
North Carolina Center for Nursing is the appropriate means to do
so.  The Center shall have State budget support for its
operations so that it may have adequate resources for the tasks
the General Assembly has set out in this Article. (1991, c. 550,
s. 3.)

90-172. Repealed by Session Laws 1983, c. 897, s. 2,
effective October 1, 1983.

90-173 to 90-178. Repealed by Session Laws 1957, c.
1357, s. 7.


                      ARTICLE 10A. 

                 Practice of Midwifery. 


90-178.1. Title.
     This Article shall be known and may be cited as the
Midwifery Practice Act. (1983, c. 897, s. 1.)


 90-178.2.  Definitions.
     As used in this Article:
          (1)     "Interconceptional care" includes but is not
limited to:
               a.     Family planning;
               b.     Screening for cancer of the breast and
reproductive tract; and
               c.     Screening for and management of minor
infections of the reproductive organs;
          (2)     "Intrapartum care" includes but is not limited
to:
               a.     Attending women in uncomplicated labor;
               b.     Assisting with spontaneous delivery of
infants in vertex presentation from 37 to 42 weeks gestation;
               c.     Performing amniotomy;
               d.     Administering local anesthesia;
               e.     Performing episiotomy and repair; and
               f.     Repairing lacerations associated with
childbirth.
          (3)     "Midwifery" means the act of providing
prenatal, intrapartum, postpartum, newborn and interconceptional
care. The term does not include the practice of medicine by a
physician licensed to practice medicine when engaged in the
practice of medicine as defined by law, the performance of
medical acts by a physician assistant or nurse practitioner when
performed in accordance with the rules of the North Carolina
Medical Board, the practice of nursing by a registered nurse
engaged in the practice of nursing as defined by law, or the
rendering of childbirth assistance in an emergency situation.
          (4)     "Newborn care" includes but is not limited to:
               a.     Routine assistance to the newborn to
establish respiration and maintain thermal stability;
               b.     Routine physical assessment including APGAR
scoring;
               c.     Vitamin K administration; and
               d.     Eye prophylaxis for opthalmia neonatorum.
          (5)     "Postpartum care" includes but is not limited
to:
               a.     Management of the normal third stage of
labor;
               b.     Administration of pitocin and methergine
after delivery of the infant when indicated; and
               c.     Six weeks postpartum evaluation exam and
initiation of family planning.
          (6)     "Prenatal care" includes but is not limited to:
               a.     Historical and physical assessment;
               b.     Obtaining and assessing the results of
routine laboratory tests; and
               c.     Supervising the use of prenatal vitamins,
folic acid, iron, and nonprescription medicines. (1983, c. 897,
s. 1; 1995, c. 94, s. 30.)

90-178.3. Regulation of midwifery.
     (a) No person shall practice or offer to practice or hold
oneself out to practice midwifery unless approved pursuant to
this Article.
     (b) A person approved pursuant to this Article may practice
midwifery in a hospital or non-hospital setting and shall
practice under the supervision of a physician licensed to
practice medicine who is actively engaged in the practice of
obstetrics. A registered nurse  approved pursuant to this Article
is authorized to write prescriptions for drugs in accordance with
the same conditions applicable to a nurse practitioner under G.S.
90-18.2(b). (1983, c. 897, s. 1.)


 90-178.4.  Administration.
     (a)  The joint subcommittee of the North Carolina Medical
Board and the Board of Nursing created pursuant to G.S. 90-18.2
shall administer the provisions of this Article and the rules
adopted pursuant to this Article; Provided, however, that actions
of the joint subcommittee pursuant to this Article shall not
require approval by the North Carolina Medical Board and the
Board of Nursing. For purposes of this Article, the joint
subcommittee shall be enlarged by four additional members,
including two certified midwives and two obstetricians who have
had working experience with midwives.
     (b)  The joint subcommittee shall adopt rules pursuant to
this Article to establish:
          (1)     A fee which shall cover application and initial
approval up to a maximum of one hundred dollars ($100.00);
          (2)     An annual renewal fee to be paid by January 1
of each year by persons approved pursuant to this Article up to a
maximum of fifty dollars ($50.00);
          (3)     A reinstatement fee for a lapsed approval up to
a maximum of five dollars ($5.00);
          (4)     The form and contents of the applications which
shall include information related to the applicant's education
and certification by the American College of Nurse-Midwives; and
          (5)     The procedure for establishing physician
supervision as required by this Article.
     (c)  The joint subcommittee may solicit, employ, or contract
for technical assistance and clerical assistance and may purchase
or contract for the materials and services it needs.
     (d)  All fees collected on behalf of the joint subcommittee
and all receipts of every kind and nature, as well as the
compensation paid the members of the joint subcommittee and the
necessary expenses incurred by them in the performance of the
duties imposed upon them, shall be reported annually to the State
Treasurer. All fees and other moneys received by the joint
subcommittee pursuant to the provisions of the General Statutes
shall be kept in a separate fund by the joint subcommittee, to be
held and expended only for such purposes as are proper and
necessary to the discharge of the duties of the joint
subcommittee and to enforce the provisions of this Article. No
expense incurred by the joint subcommittee shall be charged
against the State.
     (e)  Members of the joint subcommittee who are not officers
or employees of the State shall receive compensation and
reimbursement for travel and subsistence expenses at the rates
specified in G.S. 138-5. Members of the joint subcommittee who
are officers or employees of the State shall receive
reimbursement for travel and subsistence expenses at the rate set
out in G.S. 138-6. (1983, c. 897, s. 1; 1995, c. 94, s. 31.)

90-178.5. Qualifications for approval.
     In order to be approved by the joint subcommittee pursuant
to this Article, a person shall:
     (1) Complete an application on a form furnished by the joint
                                                    subcommittee;
  (2) Submit evidence of certification by the American College of
                                                  Nurse-Midwives;
   (3) Submit evidence of arrangements for physician supervision;
                                                              and
  (4) Pay the fee for application and approval. (1983, c. 897, s.
                                                              1.)

 90-178.6.  Denial, revocation or suspension of
approval.
     (a)  In accordance with the provisions of Chapter 150B, the
joint subcommittee may deny, revoke or suspend approval when a
person has:
          (1)     Failed to satisfy the qualifications for
approval;
          (2)     Failed to pay the annual renewal fee by January
1 of the current year;
          (3)     Given false information or withheld material
information in applying for approval;
          (4)     Demonstrated incompetence in the practice of
midwifery;
          (5)     Violated any of the provisions of this Article;
          (6)     A mental or physical disability or uses any
drug to a degree that interferes with his or her fitness to
practice midwifery;
          (7)     Engaged in conduct that endangers the public
health;
          (8)     Engaged in conduct that deceives, defrauds, or
harms the public in the course of professional activities or
services; or
          (9)     Been convicted of or pleaded guilty or nolo
contendere to any felony under the laws of the United States
or of any state of the United States indicating professional
unfitness.
     (b)  Revocation or suspension of a license to practice
nursing pursuant to G.S. 90-171.37 shall automatically result in
comparable action against the person's approval to practice
midwifery under this Article. (1983, c. 897, s. 1; 1987, c. 827,
s. 1.)


 90-178.7.  Enforcement.
     (a)  The joint subcommittee may apply to the Superior Court
of Wake County to restrain any violation of this Article.
     (b)  Any person who violates G.S. 90-178.3(a) shall be
guilty of a Class 3 misdemeanor. (1983, c. 897, s. 1; 1993, c.
539, s. 633; 1994, Ex. Sess., c. 24, s. 14(c).)

                           ARTICLE 11.
                         Veterinarians.
 90-179.  Purpose of Article.
     In order to promote the public health, safety, and welfare
by safeguarding the people of this State against unqualified or
incompetent practitioners of veterinary medicine, it is hereby
declared that the right to practice veterinary medicine is a
privilege conferred by legislative grant to persons possessed of
the personal and professional qualifications specified in this
Article. (1973, c. 1106, s. 1.)

90-180. Title.
     This Article shall be known as the North Carolina Veterinary
Practice Act. (1973, c. 1106, s. 1.)


 90-181.  Definitions.
     When used in this Article these words and phrases shall be
defined as follows:
          (1)     "Accredited school of veterinary medicine"
means any veterinary college or division of a university or
college that offers the degree of doctor of veterinary medicine
or its equivalent and that conforms to the standards required for
accreditation by the American Veterinary Medical Association.
          (2)     "Animal" means any animal, mammal other than
man and includes birds, fish, and reptiles, wild or domestic,
living or dead.
          (2a)     "Animal dentistry" means the treatment,
extraction, cleaning, adjustment, or "floating" (filing or
smoothing) of an animal's teeth, and treatment of an animal's
gums.
          (3)     "Board" means the North Carolina Veterinary
Medical Board.
          (3a)     "Cruelty to animals" means to willfully
overdrive, overload, wound, injure, torture, torment, deprive of
necessary sustenance, cruelly beat, needlessly mutilate or kill
any animal, or cause or procure any of these acts to be done to
an animal; provided, that the words "torture," "torment," or
"cruelty" include every act, omission, or neglect causing or
permitting unjustifiable physical pain, suffering, or death.
          (4)     "Limited veterinary license" or "limited
license" means a license issued by the Board under authority of
this Article that specifically, by its terms, restricts the scope
or areas of practice of veterinary medicine by the holder of the
limited license; provided, that no limited license shall confer
or denote an area of specialty of the holder of this limited
veterinary license; and provided further, that unless otherwise
provided by Board rule, the licensing requirements shall be
identical to those specified for a veterinary license.
          (5)     "Person" means any individual, firm,
partnership, association, joint venture, cooperative or
corporation, or any other group or combination acting in concert;
and whether or not acting as a principal, trustee, fiduciary,
receiver, or as any kind of legal or personal representative, or
as the successor in interest, assignee, agent, factor, servant,
employee, director, officer, or any other representative of such
person.
          (6)     "Practice of veterinary medicine" means:
               a.     To diagnose, treat, correct, change,
relieve, or prevent animal disease, deformity, defect, injury, or
other physical or mental conditions; including the prescription
or administration of any drug, medicine, biologic, apparatus,
application, anesthetic, or other therapeutic or diagnostic
substance or technique on any animal.
               b.     To represent, directly or indirectly,
publicly or privately, an ability and willingness to do any act
described in sub-subdivision a. of this subdivision.
               c.     To use any title, words, abbreviation, or
letters in a manner or under circumstances which induce the
belief that the person using them is qualified to do any act
described in sub-subdivision a. of this subdivision.
          (7)     "Veterinarian" shall mean a person who has
received a doctor's degree in veterinary medicine from an
accredited school of veterinary medicine and who is licensed by
the Board to practice veterinary medicine.
          (7a)     "Veterinarian-client-patient relationship"
means that:
               a.     The veterinarian has assumed the
responsibility for making medical judgments regarding the health
of the animal and the need for medical treatment, and the client
(owner or other caretaker) has agreed to follow the instruction
of the veterinarian.
               b.     There is sufficient knowledge of the animal
by the veterinarian to initiate at least a general or preliminary
diagnosis of the medical condition of the animal.  This means
that the veterinarian has recently seen and is personally
acquainted with the keeping and care of the animal by virtue of
an examination of the animal, or by medically appropriate and
timely visits to the premises where the animal is kept.
               c.     The practicing veterinarian is readily
available or provides for follow-up in case of adverse reactions
or failure of the regimen of therapy.
          (7b)     "Veterinary license" or "license" means a
license to practice veterinary medicine issued by the Board.
          (8)     "Veterinary medicine" includes veterinary
surgery, obstetrics, dentistry, and all other branches or
specialties of veterinary medicine.
          (9)     "Veterinary student intern" means a person who
is enrolled in an accredited veterinary college, has
satisfactorily completed the third year of veterinary college
education, and is registered with the Board as a veterinary
student intern.
          (10)     "Veterinary student preceptee" means a person
who is pursuing a doctorate degree in an accredited school of
veterinary medicine that has a preceptor or extern program, has
completed the academic requirements of that program, and is
registered with the Board as a veterinary student preceptee.
          (11)     "Veterinary technician" means either of the
following persons:
               a.     A person who has successfully completed a
post-high school course in the care and treatment of animals that
conforms to the standards required for accreditation by the
American Veterinary Medical Association and who is registered
with the Board as a veterinary technician.
               b.     A person who holds a degree in veterinary
medicine from a college of veterinary medicine recognized by the
Board for licensure of veterinarians and who is registered with
the Board as a veterinary technician. (1961, c. 353, s. 2; 1973,
c. 1106, s. 1; 1993, c. 500 s. 1.)


 90-181.1.  Practice facility names and levels of
service.
     (a)  In order to accurately inform the public of the levels
of service offered, a veterinary practice facility shall use in
its name one of the descriptive terms defined in subsection (b)
of this section.  The name of a veterinary practice facility
shall, at all times, accurately reflect the level of service
being offered to the public.  If a veterinary facility or
practice offers on-call emergency service, that service must be
as that term is defined in subsection (b) of this section.
     (b)  The following definitions are applicable to this
section:
          (1)     "Animal health center" or "animal medical
center" means a veterinary practice facility in which
consultative, clinical, and hospital services are rendered and in
which a large staff of basic and applied veterinary scientists
perform significant research and conduct advanced professional
educational programs.
          (2)     "Emergency facility" means a veterinary medical
facility whose primary function is the receiving, treatment, and
monitoring of emergency patients during its specified hours of
operation.  At this veterinary practice facility a veterinarian
is in attendance at all hours of operation and sufficient staff
is available to provide timely and appropriate emergency care.
An emergency facility may be an independent veterinary medical
after-hours facility, an independent veterinary medical 24-hour
facility, or part of a full-service hospital or large teaching
institution.
          (3)     "Mobile facility" means a veterinary practice
conducted from a vehicle with special medical or surgical
facilities or from a vehicle suitable only for making house or
farm calls; provided, the veterinary medical practice shall have
a permanent base of operation with a published address and
telephone facilities for making appointments or responding to
emergency situations.
          (4)     "Office" means a veterinary practice facility
where a limited or consultative practice is conducted and which
provides no facilities for the housing of patients.
          (5)     "On-call emergency service" means a veterinary
medical service at a practice facility, including a mobile
facility, where veterinarians and staff are not on the premises
during all hours of operation or where veterinarians leave after
a patient is treated.  A veterinarian shall be available to be
reached by telephone for after-hours emergencies.
          (6)     "Veterinary clinic" or "animal clinic" means a
veterinary practice facility in which the practice conducted is
essentially an out-patient practice.
          (7)     "Veterinary hospital" or "animal hospital"
means a veterinary practice facility in which the practice
conducted includes the confinement as well as the treatment of
patients.
     (c)  If a veterinary practice facility uses as its name the
name of the veterinarian or veterinarians owning or operating the
facility, the name of the veterinary practice facility shall also
include a descriptive term from those listed in subsection (b) of
this section to disclose the level of service being offered.
     (d)  Those facilities existing and approved by the Board as
of December 31, 1993, may continue to use their approved name or
designation until there is a partial or total change of ownership
of the facility, at which time the name of the veterinary
practice facility shall be changed, as necessary, to comply with
this section. (1993, c. 500, s. 2.)


 90-182.  North Carolina Veterinary Medical
Board; appointment, membership, organization.
     (a)  In order to properly regulate the practice of
veterinary medicine and surgery, there is established a Board to
be known as the North Carolina Veterinary Medical Board which
shall consist of seven members.
     Five members shall be appointed by the Governor.  Four of
these members shall have been legal residents of and licensed to
practice veterinary medicine in this State for not less than five
years preceding their appointment.  The other member shall not be
licensed or registered under the Article and shall represent the
interest of the public at large.  Each member appointed by the
Governor shall reside in a different congressional district.
     The Lieutenant Governor shall appoint to the Board one
member who shall have been a resident of and licensed to practice
veterinary medicine in this State for not less than five years
preceding his appointment.
     In addition to the six members appointed as provided above,
the Commissioner of Agriculture shall biennially appoint to the
Board the State Veterinarian or another veterinarian from a staff
of a North Carolina department or institution.  This member shall
have been a legal resident of and licensed to practice veterinary
medicine in North Carolina for not less than five years preceding
his appointment.
     Every member shall, within 30 days after notice of
appointment, appear before any person authorized to administer
the oath of office and take an oath to faithfully discharge the
duties of the office.
     (b)  No person who has been appointed to the Board shall
continue his membership on the Board if during the term of his
appointment he shall:
          (1)     Transfer his legal residence to another state;
or
          (2)     Own or be employed by any wholesale or jobbing
house dealing in supplies, equipment, or instruments used or
useful in the practice of veterinary medicine; or
          (3)     Have his license to practice veterinary
medicine revoked for any of the causes listed in G.S. 90-187.8.
     (c)  All members serving on the board on June 30, 1981,
shall complete their respective terms.  The Governor shall
appoint the public member not later than July 1, 1981.  No member
appointed to the Board by the Governor, Lieutenant Governor or
Speaker of the House of Representatives on or after July 1, 1981,
shall serve more than two complete consecutive five-year terms,
except that each member shall serve until his successor is
appointed and qualifies.
     (d)  The appointing authority may remove his appointee for
the reasons specified in subsection (b) or for any good cause
shown and may appoint members to fill unexpired terms. (1903, c.
503, s. 2; Rev., s. 5432; C.S., s. 6755; 1961, c. 353, s. 3;
1973, c. 1106, s. 1; c. 1331, s. 3; 1981, c. 767, s. 1; 1993, c.
500, ss. 3, 4.)


 90-183.  Meeting of Board.
     The Board shall meet at least four times per year at the
time and place fixed by the Board.  Other meetings may be called
by the president of the Board by giving notice as may be required
by rule.  A majority of the Board shall constitute a quorum.
Meetings shall be open and public except that the Board may meet
in closed session to prepare, approve, administer, or grade
examinations, or to deliberate the qualification of an applicant
for license or the disposition of a proceeding to discipline a
veterinarian.
     At its last meeting of the fiscal year the Board shall
organize by electing, for the following fiscal year, a president,
a vice-president, a secretary-treasurer, and such other officers
as may be prescribed by rule.  Officers of the Board shall serve
for terms of one year and until a successor is elected, without
limitation on the number of terms an officer may serve.  The
president shall serve as chairman of Board meetings. (1903, c.
503, ss. 3, 4, 6, 7; Rev., s. 5433; C.S., s. 6756; 1973, c. 1106,
s. 1; 1993, c. 500, s. 5.)


 90-184.  Compensation of the Board.
     In addition to such reimbursement for travel and other
expenses as is normally allowed to State employees, each member
of the Board, for each day or substantial portion thereof that
the member is engaged in the work of the Board may receive a per
diem allowance, as determined by the Board in accordance with
G.S. 93B-5.  None of the expenses of the Board or of the members
shall be paid by the State. (1903, c. 503, s. 9; Rev., s. 5434;
C.S., s. 6757; 1961, c. 353, s. 4; 1973, c. 1106, s. 1; 1981, c.
767, s. 2; 1991 (Reg. Sess., 1992), c. 1011, s. 4; 1993, c. 500,
s. 6.)


 90-185.  General powers of the Board.
     The Board may:
          (1)     Examine and determine the qualifications and
fitness of applicants for a license to practice veterinary
medicine in the State.
          (2)     Issue, renew, deny, suspend, or revoke licenses
and limited veterinary licenses, and issue, deny, or revoke
temporary permits to practice veterinary medicine in the State or
otherwise discipline veterinarians consistent with the provisions
of Chapter 150B of the General Statutes and of this Article and
the rules adopted under this Article.
          (3)     Conduct investigations for the purpose of
discovering violations of this Article or grounds for
disciplining veterinarians.
          (4)     Employ full-time or part-time personnel --
professional, clerical, or special -- necessary to effectuate the
provisions of this Article, purchase or rent necessary office
space, equipment, and supplies, and purchase liability or other
insurance to cover the activities of the Board, its operations,
or its employees.
          (5)     Appoint from its own membership one or more
members to act as representatives of the Board at any meeting
within or without the State where such representation is deemed
desirable.
          (6)     Adopt, amend, or repeal all rules necessary for
its government and all regulations necessary to carry into effect
the provisions of this Article, including the establishment and
publication of standards of professional conduct for the practice
of veterinary medicine.
     The powers enumerated above are granted for the purpose of
enabling the Board effectively to supervise the practice of
veterinary medicine and are to be construed liberally to
accomplish this objective. (1973, c. 1106, s. 1; c. 1331, s. 3;
1981, c. 767, s. 3; 1987, c. 827, s. 1; 1993, c. 500, s. 7.)


 90-186.  Special powers of the Board.
     In addition to the powers set forth in G.S. 90-185 above,
the Board may:
          (1)     Fix minimum standards for continuing veterinary
medical education for veterinarians and technicians, which shall
be a condition precedent to the renewal of a veterinary license,
limited license, veterinary faculty certificate, zoo veterinary
certificate, or veterinary technician registration, respectively,
under this Article;
          (2)     Inspect any hospitals, clinics, mobile units or
other facilities used by any practicing veterinarian, either by a
member of the Board or its authorized representatives, for the
purpose of reporting the results of the inspection to the Board
on a form prescribed by the Board and seeking disciplinary action
for violations of health, sanitary, and medical waste disposal
rules of the Board affecting the practice of veterinary medicine,
or violations of rules of any county, state, or federal
department or agency having jurisdiction in these areas of
health, sanitation, and medical waste disposal that relate to or
affect the practice of veterinary medicine;
          (3)     Upon complaint or information received by the
Board, prohibit through summary emergency order of the Board,
prior to a hearing, the operation of any veterinary practice
facility that the Board determines is endangering, or may
endanger, the public health or safety or the welfare and safety
of animals, and suspend the license of the veterinarian operating
the veterinary practice facility, provided that upon the issuance
of any summary emergency order, the Board shall initiate, within
10 days, a notice of hearing under the administrative rules
issued pursuant to this Article and Chapter 150B of the General
Statutes for an administrative hearing on the alleged violation;
          (4)     Provide special registration for "veterinary
technicians," "veterinary student interns" and "veterinary
student preceptees" and adopt rules concerning the training,
registration and service limits of such assistants while employed
by and acting under the supervision and responsibility of
veterinarians.  The Board has exclusive jurisdiction in
determining eligibility and qualification requirements for these
assistants.  Renewals of registrations for veterinary technicians
shall be required at least every 24 months, provided that the
certificate of registration for the veterinary technician is
otherwise eligible for renewal;
          (5)     Provide, pursuant to administrative rules,
requirements for the inactive status of licenses and limited
veterinary licenses;
          (6)     Set and require fees pursuant to administrative
rule for the following:
               a.     Issuance or renewal of a certificate of
registration for a professional corporation, in an amount not to
exceed one hundred fifty dollars ($150.00).
               b.     Administering a North Carolina license
examination, in an amount not to exceed two hundred fifty dollars
($250.00).
               c.     Securing and administering national
examinations, including the National Board Examination or the
Clinical Competency Test, in amounts directly related to the
costs to the Board.
               d.     Inspection of a veterinary practice
facility in an amount not to exceed seventy-five dollars
($75.00).
               e.     Issuance or renewal of a license or a
limited license in an amount not to exceed one hundred fifty
dollars ($150.00).
               f.     Issuance or renewal of a veterinary faculty
certificate, in an amount not to exceed one hundred fifty dollars
($150.00).
               g.     Issuance or renewal of a zoo veterinary
certificate, in an amount not to exceed one hundred fifty dollars
($150.00).
               h.     Reinstatement of an expired license, a
limited license, a veterinary faculty certificate, a zoo
veterinary certificate, a veterinary technician registration, or
a professional corporation registration in an amount not to
exceed one hundred dollars ($100.00).
               i.     Issuance or renewal of a veterinary
technician registration, in an amount not to exceed fifty dollars
($50.00).
               j.     Issuance of a veterinary student intern
registration, in an amount not to exceed twenty-five dollars
($25.00).
               k.     Issuance of a veterinary student preceptee
registration, in an amount not to exceed twenty-five dollars
($25.00).
               l.     Late fee for renewal of a license, a
limited license, a veterinary technician registration, a
veterinary faculty certificate, a zoo veterinary certificate, or
a professional corporation registration, in an amount not to
exceed fifty dollars ($50.00).
               m.     Issuance of a temporary permit to practice
veterinary medicine in an amount not to exceed one hundred fifty
dollars ($150.00).
               n.     Providing copies, upon request, of Board
publications, rosters, or other materials available for
distribution from the Board, in an amount determined by the Board
that is reasonably related to the costs of providing those
copies.
                    The fees set under this subdivision for the
renewal of a license, a limited license, a registration, or a
certificate apply to each year of the renewal period.
          (7)     Pursuant to administrative rule, to assess and
recover against persons holding licenses, limited licenses,
temporary permits, or any certificates issued by the Board, costs
reasonably incurred by the Board in the investigation,
prosecution, hearing, or other administrative action of the Board
in final decisions or orders where those persons are found to
have violated the Veterinary Practice Act or administrative rules
of the Board issued pursuant to the Act; provided, that all costs
shall be the property of the Board. (1973, c. 1106, s. 1; 1981,
c. 767, s. 4; 1987, c. 827, s. 1; 1993, c. 500, s. 8.)


 90-187.  Application for license;
qualifications.
     (a)  Any person desiring a license to practice veterinary
medicine in this State shall make written application to the
Board.
     (b)  The application shall show that the applicant is a
graduate of an accredited veterinary school, a person of good
moral character, and such other information and proof as the
Board may require by rule.  The Board may receive applications
from senior students at accredited veterinary schools but an
application is not complete until the applicant furnishes proof
of graduation and such other information required by this Article
and Board rules.  The application shall be accompanied by a fee
in the amount established and published by the Board.
     (c)  An application from a graduate of a nonaccredited
college of veterinary medicine outside the United States and
Canada may not be considered by the Board until the applicant
furnishes satisfactory proof of graduation from a college of
veterinary medicine and of successful completion of the
certification program developed and administered by the
Educational Commission for Foreign Veterinary Graduates of the
American Veterinary Medical Association, which certification
program shall include examinations with respect to clinical
proficiency and comprehension of and ability to communicate in
the English language.
     (d)  If the Board determines that the applicant possesses
the proper qualifications, it may admit the applicant to the next
examination, or if the applicant is eligible for a license
without examination under G.S. 90-187.3; the Board may grant the
applicant a license. (1903, c. 503, ss. 3, 5, 8; Rev., s. 5435;
C.S., s. 6758; 1951, c. 749; 1961, c. 353, s. 5; 1973, c. 1106,
s. 1; 1981, c. 767, ss. 5, 6; 1993, c. 500, s. 9.)


 90-187.1.  Examinations.
     The Board shall hold at least one examination during each
year and may hold such additional examinations as may appear
necessary.  The executive director shall give public notice of
the time and place for each examination at least 90 days in
advance of the date set for the examination.  A person desiring
to take an examination shall make application at least 60 days
before the date of the examination.  The Board shall determine
the passing score for the successful completion of an
examination.
     After each examination the executive director shall notify
each examinee of the result of the examination.  The Board shall
issue licenses to the persons successfully completing the
requirements for licensure required by this Article and by Board
rule. (1903, c. 503, ss. 3, 5, 8; Rev., s. 5435; C.S., s. 6758;
1951, c. 749; 1961, c. 353, s. 5; 1973, c. 1106, s. 1; 1993, c.
500, s. 10.)

90-187.2. Status of persons previously licensed.
     Any person holding a valid license to practice veterinary
medicine in this State on July 1, 1974, shall be recognized as a
licensed veterinarian and shall be entitled to retain this status
so long as he complies with the provisions of this Article, and
Board rules adopted pursuant thereto. (1973, c. 1106, s. 1.)


 90-187.3.  Applicants licensed in other
states.
     (a)  The Board may issue a license without written
examination, other than the written North Carolina license
examination, to applicants already licensed in another state
provided the applicant presents evidence satisfactory to the
Board that:
          (1)     The applicant is currently an active, competent
practitioner in good standing; and
          (2)     The applicant has practiced at least three of
the five years immediately preceding filing the application; and
          (3)     The applicant currently holds an active license
in another state; and
          (4)     There is no disciplinary proceeding or
unresolved complaint pending against the applicant at the time a
license is to be issued by this State; and
          (5)     The licensure requirements in the other state
are substantially equivalent to those required by this State; and
          (6)     The applicant has achieved a passing score on
the written North Carolina license examination.
     (b)  The Board may issue a license without a written
examination, other than the written North Carolina license
examination, to an applicant who meets the requirements of G.S.
90-187(c).
     (c)  The Board may at its discretion orally or practically
examine any person qualifying for licensure under this section,
by administering a nationally recognized clinical competency test
as well as the North Carolina license examination.
     (d)  The Board may issue a limited license to practice
veterinary medicine to an applicant who is not otherwise eligible
for a license to practice veterinary medicine under this Article,
without examination, if the applicant meets the criteria
established in subdivisions (1) through (6) of subsection (a) of
this section. (1959, c. 744; 1973, c. 1106, s. 1; 1981, c. 767,
s. 7; 1993, c. 500, s. 11.)


 90-187.4.  Temporary permit.
     (a)  The Board may issue, without examination, a temporary
permit to practice veterinary medicine in this State:
          (1)     To a qualified applicant for license pending
examination, provided that such temporary permit shall expire the
day after the notice of results of the first examination given
after the permit is issued.
          (2)     To a nonresident veterinarian validly licensed
in another state, territory, or district of the United States or
a foreign country, provided that such temporary permit shall be
issued for a period of no more than 60 days.
          (3)     Temporary permits, as provided in (1) and (2)
above, may contain any restrictions as to time, place, or
supervision, that the Board deems appropriate.  The State
Veterinarian shall be notified as to the issuance of all
temporary permits.
     (b)  A temporary permit may be summarily revoked by majority
vote of the Board without a hearing. (1903, c. 503, ss. 3, 5, 8;
Rev., s. 5435; C.S., s. 6758; 1951, c. 749; 1961, c. 353, s. 5;
1973, c. 1106, s. 1; 1993, c. 500, s. 12.)


 90-187.5.  License renewal.
     All licenses and limited licenses shall expire annually or
biennially, as determined by the Board, on December 31 but may be
renewed by application to the Board and payment of the renewal
fee established and published by the Board.  The executive
director shall issue a new certificate of registration to all
persons registering under this Article.  Failure to apply for
renewal within 60 days after expiration shall result in automatic
revocation of the license or limited license and any person who
shall practice veterinary medicine after such revocation shall be
practicing in violation of this Article.  Provided, that any
person may renew an expired license or limited license at any
time within two years following its expiration upon application
and compliance with Board requirements and the payment of all
applicable fees in amounts allowed by this Article or
administrative rule of the Board; and further provided, that the
applicant is otherwise eligible under this Article or
administrative rules of the Board to have the license renewed.
(1961, c. 353, s. 6; 1973, c. 1106, s. 1; 1993, c. 500, s. 13.)


 90-187.6.  Veterinary technicians and
veterinary employees.
     (a)  "Veterinary technicians," "veterinary student interns,"
and "veterinary student preceptees," before performing any
services otherwise prohibited to persons not licensed or
registered under this Article, shall be approved by and
registered with the Board. The Board shall be responsible for all
matters pertaining to the qualifications, registration,
discipline, and revocation of registration of these persons,
under this Article and rules issued by the Board.
     (b)  The services of a technician, intern, preceptee, or
other veterinary employee shall be limited to services under the
direction and supervision of a veterinarian. This employee shall
receive no fee or compensation of any kind for services other
than any salary or compensation paid to the employee by the
veterinarian or veterinary facility by which the employee is
employed. The employee may participate in the operation of a
branch office, clinic, or allied establishment only to the extent
allowable under and as defined by this Article or by rules issued
by the Board.
     (c)  An employee under the supervision of a veterinarian may
perform such duties as are required in the physical care of
animals and in carrying out medical orders as prescribed by the
veterinarian, requiring an understanding of animal science but
not requiring the professional services as set forth in G.S. 90-
181(6)a. In addition, a veterinary technician may assist
veterinarians in diagnosis, laboratory analysis, anesthesia, and
surgical procedures. Neither the employee nor the veterinary
technician may perform any act producing an irreversible change
in the animal. An employee, other than a veterinary technician,
intern, or preceptee, may, under the direct supervision of a
veterinarian, perform duties including collection of specimen;
testing for intestinal parasites; collecting blood; testing for
heartworms and conducting other laboratory tests; taking
radiographs; and cleaning and polishing teeth, provided that the
employee has had sufficient on-the-job training by a veterinarian
to perform these specified duties in a competent manner. It shall
be the responsibility of the veterinarian supervising the
employee to ascertain that the employee performs these specified
duties assigned to the employee in a competent manner. These
specified duties shall be performed under the direct supervision
of the veterinarian in charge of administering care to the
patient.
     (d)  Veterinary student interns, in addition to all of the
services permitted to veterinary technicians, may, under the
direct personal supervision of a veterinarian, perform surgery
and administer therapeutic or prophylactic drugs.
     (e)  Veterinary student preceptees, in addition to all of
the services permitted to veterinary technicians and veterinary
student interns, may, upon the direction of the employing
veterinarian, make ambulatory calls and hospital and clinic
diagnoses, prescriptions and treatments.
     (f)  Any person registered as a  veterinary technician,
veterinary student intern, or veterinary student preceptee, who
shall practice veterinary medicine except as provided herein,
shall be guilty of a Class 1 misdemeanor, and shall also be
subject to revocation of registration. Any nonregistered
veterinary employee employed under subsection (c) who practices
veterinary medicine except as provided under that subsection
shall be guilty of a Class 1 misdemeanor.
     (g)  Any veterinarian directing or permitting a veterinary
technician, intern, preceptee or other employee to perform a task
or procedure not specifically allowed under this Article and the
rules of the Board shall be guilty of a Class 1 misdemeanor.
(1973, c. 1106, s. 1; 1981, c. 767, ss. 8-11; 1993, c. 500, s.
14; c. 539, ss. 634, 635; 1995, c. 509, s. 42.)

90-187.7. Abandonment of animals; notice to owner; relief
from liability for disposal; "abandoned" defined.
     (a) Any animal placed in the custody of a licensed
veterinarian for treatment, boarding or other care, which shall
be unclaimed by its owner or his agent for a period of more than
10 days after written notice by registered or certified mail,
return receipt requested, to the owner or his agent at his last
known address, shall be deemed to be abandoned and may be turned
over to the nearest humane society, or dog pound or disposed of
as such custodian may deem proper.
     (b) The giving of notice to the owner, or the agent of the
owner, of such animal by the licensed veterinarian, as provided
in subsection (a) of this section, shall relieve the licensed
veterinarian and any custodian to whom such animal may be given
of any further liability for disposal.
     (c) For the purpose of this Article the term "abandoned"
shall mean to forsake entirely, or to neglect or refuse to
provide or perform the legal obligations for care and support of
an animal by its owner, or his agent. Such abandonment shall
constitute the relinquishment of all rights and claims by the
owner to such animal. (1973, c. 1106, s. 1.)


 90-187.8. Discipline of licensees.
     (a)  Upon complaint or information, and within the Board's
discretion, the Board may revoke or suspend a license issued
under this Article, may otherwise discipline a person licensed
under this Article, or may deny a license required by this
Article in accordance with the provisions of this Article, Board
rules, and Chapter 150B of the General Statutes. As used in this
section, the word "license" includes a license, a limited
license, a veterinary faculty certificate, a zoo veterinary
certificate, and a registration of a veterinary technician, a
veterinary student intern, and a veterinary student preceptee.
     (b)  The Board may impose and collect from a licensee a
civil monetary penalty of up to five thousand dollars ($5,000)
for each violation of this Article or a rule adopted under this
Article. The clear proceeds of these civil penalties shall be
remitted to the Civil Penalty and Forfeiture Fund in accordance
with G.S. 115C-457.2.
     The amount of the civil penalty, up to the maximum, shall be
determined upon a finding of one or more of the following
factors:
          (1)     The degree and extent of harm to the public
health or to the health of the animal under the licensee's care.
          (2)     The duration and gravity of the violation.
          (3)     Whether the violation was committed willfully
or intentionally or reflects a continuing pattern.
          (4)     Whether the violation involved elements of
fraud or deception either to the client or to the Board, or both.
          (5)     The prior disciplinary record with the Board of
the licensee.
          (6)     Whether and the extent to which the licensee
profited by the violation.
     (c)  Grounds for disciplinary action shall include but not
be limited to the following:
          (1)     The employment of fraud, misrepresentation, or
deception in obtaining a license.
          (2)     An adjudication of insanity or incompetency.
          (3)     The impairment of a person holding a license
issued by the Board, when the impairment is caused by that
person's use of alcohol, drugs, or controlled substances, and the
impairment interferes with that person's ability to practice
within the scope of the license with reasonable skill and safety
and in a manner not harmful to the public or to animals under the
person's care.
          (4)     The use of advertising or solicitation which is
false, misleading, or deceptive.
          (5)     Conviction of a felony or other public offense
involving moral turpitude.
          (6)     Incompetence, gross negligence, or other
malpractice in the practice of veterinary medicine.
          (7)     Having professional association with or
knowingly employing any person practicing veterinary medicine
unlawfully.
          (8)     Fraud or dishonesty in the application or
reporting of any test for disease in animals.
          (9)     Failure to keep veterinary premises and
equipment in a clean and sanitary condition, violating an
administrative rule of the Board concerning the minimum sanitary
requirements of veterinary hospitals, veterinary clinics, or
other practice facilities, or violating other State or federal
statutes, rules, or regulations concerning the disposal of
medical waste.
          (10)     Failure to report, as required by the laws and
regulations of the State, or making false report of, any
contagious or infectious disease.
          (11)     Dishonesty or gross negligence in the
inspection of foodstuffs or the issuance of health or inspection
certificates.
          (12)     Conviction of a criminal offense involving
cruelty to animals or the act of cruelty to animals.
          (13)     Revocation of a license to practice veterinary
medicine by another state, territory or district of the United
States only if the grounds for revocation in the other
jurisdiction would also result in revocation of the
practitioner's license in this State.
          (14)     Unprofessional conduct as defined in
regulations adopted by the Board.
          (15)     Conviction of a federal or state criminal
offense involving the illegal use, prescription, sale, or
handling of controlled substances, other drugs, or medicines.
          (16)     The illegal use, dispensing, prescription,
sale, or handling of controlled substances or other drugs and
medicines.
          (17)     Failure to comply with regulations of the
United States Food and Drug Administration regarding biologics,
controlled substances, drugs, or medicines.
          (18)     Selling, dispensing, prescribing, or allowing
the sale, dispensing, or prescription of biologics, controlled
substances, drugs, or medicines without a veterinarian-client-
patient relationship with respect to the sale, dispensing, or
prescription.
          (19)     Acts or behavior constituting fraud,
dishonesty, or misrepresentation in dealing with the Board or in
the veterinarian-client-patient relationship. (1903, c. 503, s.
10; Rev., s. 5436; C.S., s. 6759; 1953, c. 1041, s. 16; 1961, c.
353, s. 7; 1973, c. 1106, s. 1; c. 1331, s. 3; 1981, c. 767, ss.
12, 13; 1987, c. 827, s. 1; 1993, c. 500, s. 15; 1998-215, s.
136.)

90-187.9. Reinstatement.
     Any person whose license is suspended or revoked may, at the
discretion of the Board, be relicensed or reinstated at any time
without an examination by majority vote of the Board on written
application made to the Board showing cause justifying
relicensing or reinstatement. (1961, c. 353, s. 8; 1973, c. 1106,
s. 1.)


 90-187.10.  Necessity for license; certain
practices exempted.
     No person shall engage in the practice of veterinary
medicine or own all or part interest in a veterinary medical
practice in this State or attempt to do so without having first
applied for and obtained a license for such purpose from the
North Carolina Veterinary Medical Board, or without having first
obtained from said Board a certificate of renewal of license for
the calendar year in which such person proposes to practice and
until he shall have been first licensed and registered for such
practice in the manner provided in this Article and the rules and
regulations of the said Board.
     Nothing in this Article shall be construed to prohibit:
          (1)     Any person or his employee from administering
to animals, the title to which is vested in himself, except when
said title is so vested for the purpose of circumventing the
provisions of this Article;
          (2)     Any person who is a regular student or
instructor in a legally chartered college from the performance of
those duties and actions assigned as his responsibility in
teaching or research;
          (3)     Any veterinarian not licensed by the Board who
is a member of the armed forces of the United States or who is an
employee of the United States Department of Agriculture, the
United States Public Health Service or other federal agency, or
the State of North Carolina, or political subdivision thereof,
from performing official duties while so commissioned or
employed;
          (4)     Any person from such practices as permitted
under the provisions of G.S. 90-185, House Bill 659, Chapter 17,
Public Laws 1937, or House Bill 358, Chapter 5, Private Laws
1941;
          (5)     Any person from dehorning or castrating male
food animals;
          (6)     Any person from providing for or assisting in
the practice of artificial insemination;
          (7)     Any physician licensed to practice medicine in
this State, or his assistant, while engaged in medical research;
          (8)     Any certified rabies vaccinator appointed,
certified and acting within the provisions of G.S. 130A-186;
          (9)     Any veterinarian licensed to practice in
another state from examining livestock or acting as a consultant
in North Carolina, provided he is directly supervised by a
veterinarian licensed by the Board who must, at or prior to the
first instance of consulting, notify the Board, in writing, that
he is supervising the consulting veterinarian, give the Board the
name, address, and licensure status of the consulting
veterinarian, and also verify to the Board that the supervising
veterinarian assumes responsibility for the professional acts of
the consulting veterinarian; and provided further, that the
consultation by the veterinarian in North Carolina does not
exceed 10 days or parts thereof per year, and further that all
infectious or contagious diseases diagnosed are reported to the
State Veterinarian within 48 hours; or
          (10)     Any person employed by the North Carolina
Department of Agriculture and Consumer Services as a livestock
inspector or by the U.S. Department of Agriculture as an animal
health technician from performing regular duties assigned to him
or her during the course and scope of that person's employment.
(1903, c. 503, s. 12; Rev., s. 5438; C.S., s. 6761; 1961, c. 353,
s. 9; 1973, c. 1106, s. 1; 1983, c. 891, s. 11; 1993, c. 500, s.
16; 1995, c. 509, s. 43; 1997-261, s. 11.)


 90-187.11.  Partnership, corporate, or sole
proprietorship practice.
     A veterinary medical practice may be conducted as a sole
proprietorship, by a partnership, or by a duly registered
professional corporation.
     Whenever the practice of veterinary medicine is carried on
by a partnership, all partners must be licensed.
     It shall be unlawful for any corporation to practice or
offer to practice veterinary medicine as defined in this Article,
except as provided for in Chapter 55B of the General Statutes of
North Carolina. (1961, c. 353, s. 8; 1973, c. 1106, s. 1; 1993,
c. 500, s. 17.)


 90-187.12.  Unauthorized practice;
penalty.
     If any person shall
          (1)     Practice or attempt to practice veterinary
medicine in this State without first having obtained a license or
temporary permit from the Board; or
          (2)      Practice veterinary medicine without the
renewal of his license, as provided in G.S. 90-187.5; or
          (3)      Practice or attempt to practice veterinary
medicine while his license is revoked, or suspended, or when a
certificate of license has been refused; or
          (4)     Violate any of the provisions of this Article,
said person shall be guilty of a Class 1 misdemeanor.  Each act
of such unlawful practice shall constitute a distinct and
separate offense. (1913, c. 129, s. 2; C.S., s. 6762; 1961, c.
353, s. 10; c. 756; 1973, c. 1106, s. 1; 1993, c. 539, s. 636;
1994, Ex. Sess., c. 24, s. 14(c).)

 90-187.13. Injunctions.
     The Board may appear in its own name in the superior courts
in an action for injunctive relief to prevent violation of this
Article and the superior courts shall have power to grant such
injunctions regardless of whether criminal prosecution has been
or may be instituted as a result of such violations. Actions
under this section shall be commenced in the superior court
district or set of districts as defined in G.S. 7A-41.1 in which
the respondent resides or has his principal place of business or
in which the alleged acts occurred. (1981, c. 767, s. 14; 1987
(Reg. Sess., 1988), c. 1037, s. 102.)
                                                                 
                       ARTICLE 12. 

                                                                 
                      Podiatrists. 

                                                                 


 90-187.14.  Veterinary faculty certificates and zoo
veterinary certificates.
     (a)  The Board may, upon application, issue veterinary
faculty certificates in lieu of a license that otherwise would be
required by this Article.
     (b)  The Board may, upon application, issue zoo veterinary
certificates in lieu of a license that otherwise would be
required by this Article, to veterinarians employed by the North
Carolina State Zoo.
     (c)  The Board shall determine by administrative rule the
application procedure, fees, criteria for the issuance,
continuing education, renewal, suspension or revocation, and the
scope of practice under the veterinary faculty certificate or the
zoo veterinary certificate.  There shall be an annual renewal of
each certificate and all persons holding these certificates shall
be subject to the jurisdiction of the Board in all respects under
this Article. (1993, c. 500, s. 18.)

90-188 to 90-202.1. Recodified as  90-202.2 to
90-202.14.


                      ARTICLE 12A. 

                      Podiatrists. 



 90-202.2.  `Podiatry' defined.
     (a)  Podiatry as defined by this Article is the surgical,
medical, or mechanical treatment of all ailments of the human
foot and ankle, and their related soft tissue structures to the
level of the myotendinous junction. Excluded from the definition
of podiatry is the amputation of the entire foot, the
administration of an anesthetic other than local, and the
surgical correction of clubfoot of an infant two years of age or
less.
     (b)  Except for procedures for bone spurs and simple soft
tissue procedures, any surgery on the ankle or on the soft tissue
structures related to the ankle, any amputations, and any
surgical correction of clubfoot shall be performed by a
podiatrist only in a hospital licensed under Article 5 of Chapter
131E of the General Statutes or in a multispecialty ambulatory
surgical facility that is not a licensed office setting, and that
is licensed under Part D of Article 6 of Chapter 131E of the
General Statutes. Before performing any of the surgeries referred
to in this subsection in a multispecialty ambulatory surgical
facility, the podiatrist shall have applied for and been granted
privileges to perform this surgery in the multispecialty
ambulatory surgical facility. The granting of these privileges
shall be based upon the same criteria for granting hospital
privileges under G.S. 131E-85.
     (c)  The North Carolina Board of Podiatry Examiners shall
maintain a list of podiatrists qualified to perform the surgeries
listed in subsection (b) of this section, along with specific
information on the surgical training successfully completed by
each licensee. (1919, c. 78, s. 2; C.S., s. 6763; 1945, c. 126;
1963, c. 1195, s. 2; 1971, c. 1211; 1975, c. 672, s. 1; 1995, c.
248, s. 1.)


 90-202.3.  Unlawful to practice unless
registered.
      No person shall practice podiatry unless he shall have been
first licensed and registered so to do in the manner provided in
this Article, and if any person shall practice podiatry without
being duly licensed and registered, as provided in this Article,
he shall not be allowed to maintain any action to collect any fee
for such services.  Any person who engages in the practice of
podiatry unless licensed and registered as hereinabove defined,
or who attempts to do so, or who professes to do so, shall be
guilty of a Class 1 misdemeanor.  Each act of such unlawful
practice shall constitute a separate offense. (1919, c. 78, s. 1;
C.S., s. 6764; 1963, c. 1195, s. 2; 1967, c. 1217, s. 2; 1975, c.
672, s. 1; 1993, c. 539, s. 637; 1994, Ex. Sess., c. 24, s.
14(c).)

 90-202.4.  Board of Podiatry Examiners; terms
of office; powers; duties.
     (a) There shall be established a Board of Podiatry Examiners
for the State of North Carolina. This Board shall consist of four
members appointed by the Governor. Three of the members shall be
licensed podiatrists who have practiced podiatry in North
Carolina for not less than seven years immediately preceding
their election and who are elected and nominated to the Governor
as hereinafter provided. The other member shall be a person
chosen by the Governor to represent the public at large. The
public member shall not be a health care provider nor may he or
she be the spouse of a health care provider. For purposes of
Board membership, "health care provider" means any licensed
health care professional and any agent or employee of any health
care institution, health care insurer, health care professional
school, or a member of any allied health profession. For purposes
of this section, a person enrolled in a program to prepare him to
be a licensed health care professional or an allied health
professional shall be deemed a health care provider. For purposes
of this section, any person with significant financial interest
in a health service or profession is not a public member.
     (b) All Board members serving on June 30, 1981, shall be
eligible to complete their respective terms. No member appointed
to the Board on or after July 1, 1981, shall serve more than two
complete consecutive three-year terms, except that each member
shall serve until his successor is chosen and qualified.
     (c) Podiatrist members chosen as provided for in subsection
(d) shall be selected upon the expiration of the respective terms
of the members of the present Board of Podiatry Examiners.
Membership on the Board resulting from appointment before July 1,
1981, shall not be considered in determining the permissible
length of service under subsection (b). The Governor shall
appoint the public member not later than July 1, 1981.
     (d) The Governor shall appoint podiatrist members of the
Board from a list provided by the Board of Podiatry Examiners.
For each vacancy, the Board shall submit at least two names to
the Governor. All nominations of podiatrist members of the Board
shall be conducted by the Board of Podiatry Examiners, which is
hereby constituted a Board of Podiatry Elections. Every
podiatrist with a current North Carolina license residing in this
State shall be eligible to vote in all elections. The list of
licensed podiatrists shall constitute the registration list for
elections. The Board of Podiatry Elections is authorized to make
rules relative to the conduct of these elections, provided such
rules are not in conflict with the provisions of this section and
provided that notice shall be given to all licensed podiatrists
residing in North Carolina. All such rules shall be adopted
subject to the procedures of Chapter 150B of the General Statutes
of North Carolina. From any decision of the Board of Podiatry
Elections relative to the conduct of such elections, appeal may
be taken to the courts in the manner provided by Chapter 150B of
the General Statutes.
     (e) Any initial or regular member of the Board may be
removed from office by the Governor for good cause shown. Any
vacancy in the initial or regular podiatrist membership of the
Board shall be filled for the period of the unexpired term by the
Governor from a list of at least two names submitted by the
podiatrist members of the Board. Any vacancy in the public
membership of the Board shall be filled by the Governor for the
unexpired term.
     (f) The Board is authorized to elect its own presiding and
other officers.
     (g) The Board, in carrying out its responsibilities, shall
have authority to employ personnel, full-time or part-time, as
shall be determined to be necessary in the work of the Board. The
Board shall have authority to pay compensation to the member of
the Board holding the position of secretary-treasurer on a basis
to be determined by the Board; Provided that in the event the
positions of secretary and treasurer are not combined but are
held by different members of the Board, the Board shall have
authority to pay compensation to the member holding the position
of secretary and to the member holding the position of treasurer,
if the Board so chooses, on a basis to be determined by the
Board. The Board is required to keep proper and complete records
with respect to all of its activities, financial and otherwise,
and shall on or before January 30 of each year submit a written
report to the Governor and to such other officials and/or
agencies as other sections of the General Statutes may require,
said report covering the activities of the Board during the
previous calendar year, which report shall include a verified
financial statement. The Board is authorized to adopt rules and
regulations governing its proceedings and the practice of
podiatry in this State, not inconsistent with the provisions of
this Article. The Board shall maintain at all times an up-to-date
list of the names and addresses of each licensed podiatrist in
North Carolina, which list shall be available for inspection and
which shall be included in the annual report referred to above.
(1919, c. 78, s. 3; C.S., s. 6765; 1963, c. 1195, s. 2; 1967, c.
1217, s. 3; 1975, c. 672, s. 1; 1981, c. 659, s. 1; 1983, c. 217,
ss. 1-4; 1987, c. 827, s. 1.)

 90-202.5.  Applicants to be examined;
examination fee; requirements; temporary licenses.
(a)  Any person not heretofore authorized to practice podiatry in
    this State shall file with the Board of Podiatry Examiners an
   application for examination accompanied by a fee not to exceed
  three hundred fifty dollars ($350.00), together with proof that
     the applicant is of good moral character, and has obtained a
 preliminary education equivalent to four years of instruction in
     a high school and three years of instruction in a college or
  university approved by the American Association of Colleges and
 Universities.  Before taking the examination, the applicant must
   be a graduate of a college of podiatric medicine accredited by
       the National Council on Education of the American Podiatry
                                                     Association.
     Effective January 1, 1992, every applicant, as a
prerequisite for licensure under this Article, shall complete one
year of clinical residency or other equivalent postgraduate
clinical program approved by the North Carolina Board of Podiatry
Examiners and, before taking the North Carolina podiatry
licensure examination, shall present evidence to the Board that
he has passed the National Board Examination.
     Any person licensed to practice podiatry on or before
January 1, 1992, who is actively involved in a postgraduate
clinical program approved by the Board shall be permitted to
practice podiatry in the approved program pending its completion.
      (b)  Effective January 1, 1992, the Board may issue a
temporary license to practice podiatry to any applicant for
licensure, for a period and under conditions established by the
Board, while the person resides in North Carolina and is
participating in a clinical residency or other equivalent
postgraduate clinical program approved by the Board.  A temporary
license is valid only while the licensee is actively
participating in the program and may not be extended beyond the
determined length of training set by the Board. (1919, c. 78, s.
9; C.S., s. 6766; 1963, c. 1195, ss. 1, 2; 1967, c. 1217, s. 4;
1975, c. 672, s. 1; 1981, c. 659, s. 2; 1983, c. 217, s. 5; 1989,
c. 214; 1991, c. 457, s. 1.)

 90-202.6.  Examinations; subjects;
certificates.
     (a)  The Board of Podiatry Examiners shall hold at least one
examination annually for the purpose of examining applicants
under this Article.  The examination shall be at such time and
place as the Board may see fit.  The Board may make such rules
and regulations as it may deem necessary to conduct its
examinations and meetings.  It shall provide, preserve and keep a
complete record of all its transactions.  Examinations for
registration under this Article shall be in the English language
and shall be written, oral, or clinical, or a combination of
written, oral or clinical, as the Board may determine, and may
include the following subjects: anatomy, physiology,
bacteriology, chemistry, dermatology, podiatry, surgery, materia
medica, pharmacology and pathology.  No applicant shall be
granted a license certificate by the Board unless he obtains a
general average of 75 or over, and not less than fifty percent
(50%) in any one subject.  After such examination the Board shall
without unnecessary delay, act on same and issue license
certificates to the successful candidates signed by each member
of the Board; and the Board of Podiatry Examiners shall report
annually to each licensed podiatrist in the State of North
Carolina.
     (b)  The Board may waive the administration of a written
examination prepared by it for all initial applicants who have
successfully completed the National Board of Podiatry
Examination.  The Board may administer to such applicants and
require them to complete successfully an examination to test
clinical competency in the practice of podiatry.
     (c)  Any applicant who fails to pass his examination shall
within one year be entitled to reexamination upon the payment of
an amount not to exceed three hundred fifty dollars ($350.00),
but not more than two reexaminations shall be allowed any one
applicant prior to filing a new application.  Should he fail to
pass his third examination, he shall file a new application
before he can again be examined. (1919, c. 78, s. 4; C.S., s.
6767; 1963, c. 1195, s. 2; 1967, c. 1217, s. 5; 1975, c. 672, s.
1; 1981, c. 659, ss. 3, 4; 1983, c. 217, s. 6; 1991, c. 457, s.
2.)

 90-202.7.  Applicants licensed in other
states.
     If an applicant for licensure is already licensed in another
state to practice podiatry, the Board shall issue a license to
practice podiatry to the applicant upon evidence that:
          (1)     The applicant is currently an active, competent
practitioner in good standing; and
          (2)     The applicant has practiced at least five years
immediately preceding his or her application with at least three
of those five years being in a state that grants similar
reciprocity to North Carolina podiatrists; and
          (3)     The applicant currently holds a valid license
in another state; and
          (4)     No disciplinary proceeding or unresolved
complaint is pending anywhere at the time a license is to be
issued by this State; and
          (5)     The licensure requirements in the other state
are equivalent to or higher than those required by this State,
and the licensure requirements of that other state grant similar
reciprocity to podiatrists licensed in North Carolina.
     Any license issued upon the application of any podiatrist
from any other state shall be subject to all of the provisions of
this Article with reference to the license issued by the North
Carolina State Board of Podiatry Examiners upon examination of
applicants, and the rights and privileges to practice the
profession of podiatry under any license so issued shall be
subject to the same duties, obligations, restrictions and
conditions as imposed by this Article on podiatrists originally
examined by the North Carolina State Board of Podiatry Examiners.
(1919, c. 78, s. 6; C.S., s. 6768; 1967, c. 1217, s. 6; 1975, c.
672, s. 1; 1981, c. 659, s. 5; 1983, c. 217, s. 7; 1991, c. 457,
s. 3.)


 90-202.8.  Revocation of certificate; grounds
for; suspension of certificate.
     (a)  The North Carolina State Board of Podiatry Examiners,
in accordance with Chapter 150B (Administrative Procedure Act) of
the General Statutes, shall have the power and authority to:  (i)
Refuse to issue a license to practice podiatry;  (ii)  Refuse to
issue a certificate of renewal of a license to practice podiatry;
(iii)  Revoke or suspend a license to practice podiatry; and (iv)
Invoke such other disciplinary measures, censure, or probative
terms against a licensee as it deems fit and proper; in any
instance or instances in which the Board is satisfied that such
applicant or licensee:
          (1)     Has engaged in any act or acts of fraud, deceit
or misrepresentation in obtaining or attempting to obtain a
license or the renewal thereof;
          (2)     Is a chronic or persistent user of alcohol
intoxicants or habit-forming drugs or narcotics to the extent
that the same impairs his ability to practice podiatry;
          (3)     Has been convicted of any of the criminal
provisions of this Article or has entered a plea of guilty or
nolo contendere to any charge or charges arising therefrom;
          (4)     Has been convicted of or entered a plea of
guilty or nolo contendere to any felony charge or to any
misdemeanor charge involving moral turpitude;
          (5)     Has been convicted of or entered a plea of
guilty or nolo contendere to any charge of violation of any state
or federal narcotic or barbiturate law;
          (6)     Has engaged in any act or practice violative of
any of the provisions of this Article or violative of any of the
rules and regulations promulgated and adopted by the Board, or
has aided, abetted or assisted any other person or entity in the
violation of the same;
          (7)     Is mentally, emotionally, or physically unfit
to practice podiatry or is afflicted with such a physical or
mental disability as to be deemed dangerous to the health and
welfare of his patients. An adjudication of mental incompetency
in a court of competent jurisdiction or a determination thereof
by other lawful means shall be conclusive proof of unfitness to
practice podiatry unless or until such person shall have been
subsequently lawfully declared to be mentally competent;
          (8)     Has advertised services in a false, deceptive,
or misleading manner;
          (9)     Has permitted the use of his name, diploma or
license by another person either in the illegal practice of
podiatry or in attempting to fraudulently obtain a license to
practice podiatry;
          (10)     Has engaged in such immoral conduct as to
discredit the podiatry profession;
          (11)     Has obtained or collected or attempted to
obtain or collect any fee through fraud, misrepresentation, or
deceit;
          (12)     Has been negligent in the practice of
podiatry;
          (13)     Is not professionally competent in the
practice of podiatry;
          (14)     Has practiced any fraud, deceit or
misrepresentation upon the public or upon any individual in an
effort to acquire or retain any patient or patients;
          (15)     Has made fraudulent or misleading statements
pertaining to his skill, knowledge, or method of treatment or
practice;
          (16)     Has committed any fraudulent or misleading
acts in the practice of podiatry;
          (17), (18) Repealed by Session Laws 1981, c. 659, s. 7.
          (19)     Has wrongfully or fraudulently or falsely held
himself out to be or represented himself to be qualified as a
specialist in any branch of podiatry;
          (20)     Has persistently maintained, in the practice
of podiatry, unsanitary offices, practices, or techniques;
          (21)     Is a menace to the public health by reason of
having a serious communicable disease;
          (22)     Has distributed or caused to be distributed
any intoxicant, drug, or narcotic for any other than a lawful
purpose; or
          (23)     Has engaged in any unprofessional conduct as
the same may be, from time to time, defined by the rules and
regulations of the Board.
     (a1)  The Board shall establish a grievance committee to
receive complaints concerning a practitioner's business or
professional practices. The committee shall consider all
complaints and determine whether there is probable cause. After
its review, the committee may dismiss any complaint when it
appears that probable cause of a violation cannot be established.
Complaints which are not dismissed shall be referred to the
Board.
     (b)  If any person engages in or attempts to engage in the
practice of podiatry while his license is suspended, his license
to practice podiatry in the State of North Carolina may be
permanently revoked.
     (c)  Action of the Board shall be subject to judicial review
as provided by Chapter 150B (Administrative Procedure Act).
(1919, c. 78, ss. 12, 13; C.S., s. 6772; 1953, c. 1041, ss. 17,
18; 1963, c. 1195, s. 2; 1967, c. 691, s. 45; 1973, c. 1331, s.
3; 1975, c. 672, ss. 1, 2; 1981, c. 659, ss. 6-8; 1987, c. 827,
s. 1; 1991, c. 636, s. 6; 1997-456, s. 27.)

90-202.9. Fees for certificates and examinations;
compensation of Board.
     To provide a fund in order to carry out the provisions of
this Article the Board shall charge not more than one hundred
dollars  ($100.00) for each license issued and one hundred
dollars ($100.00) for each examination. From such funds the Board
shall pay its members at the rate set out in G.S. 93B-5:
Provided, that at no time shall the expenses exceed the cash
balance on hand. (1919, c. 78, s. 14; C.S., s. 6773; 1967, c.
1217, s. 9; 1975, c. 672, s. 1.)

 90-202.10.  Annual fee; cancellation or
renewal of license.
     On or before the first day of July of each year every
podiatrist engaged in the practice of podiatry in this State
shall transmit to the secretary-treasurer of the said North
Carolina State Board of Podiatry Examiners his signature and
post-office address, the date and year of his or her certificate,
together with a fee to be set by the Board of Podiatry Examiners
not to exceed two hundred dollars ($200.00) and receive therefor
a renewal certificate.  Any license or certificate granted by
said Board under or by virtue of this section shall automatically
be cancelled and annulled if the holder thereof fails to secure
the renewal herein provided for within a period of 30 days after
the first day of July of each year, and such delinquent
podiatrist shall pay a penalty for reinstatement of twenty-five
dollars ($25.00) for each succeeding month of delinquency until a
six-month period of delinquency exists.  After a six-month period
of delinquency exists or after January 1 following the July 1
deadline, the said podiatrist must appear before the North
Carolina Board of Podiatry Examiners and take a new examination
before being allowed to practice podiatry in the State of North
Carolina. (1931, c. 191; 1963, c. 1195, s. 2; 1967, c. 1217, s.
10; 1975, c. 672, s. 1; 1977, c. 621; 1991, c. 457, s. 4.)

90-202.11. Continuing education courses required.
     Beginning May 1, 1976, all registered podiatrists then or
thereafter licensed in the State of North Carolina shall be
required to take annual courses of study in subjects relating to
the practice of the profession of podiatry to the end that the
utilization and application of new techniques, scientific and
clinical advances, and the achievements of research will assure
expansive and comprehensive care to the public. The length of
study shall be prescribed by the Board but shall not exceed 25
hours in any calendar year. Attendance must be at a course or
courses approved by the Board. Attendance at any course or
courses of study are to be certified to the Board upon a form
provided by the Board and shall be submitted by each registered
podiatrist at the time he makes application to the Board for the
renewal of his license and payment of his renewal fee. The Board
is authorized to treat funds set aside for the purpose of
continuing education as State funds for the purpose of accepting
any funds made available under federal law on a matching basis
for the promulgation and maintenance of programs of continuing
education. This requirement may be waived by the Board in cases
of certified illness or undue hardship as provided in the rules
and regulations of the Board. (1975, c. 672, s. 1.)

90-202.12. Free choice by patient guaranteed.
     No agency of the State, county or municipality, nor any
commission or clinic, nor any board administering relief, social
security, health insurance or health service under the laws of
the State of North Carolina shall deny to the recipients or
beneficiaries of their aid or services the freedom to choose the
provider of care or service which are within the scope of
practice of a duly licensed podiatrist or duly licensed physician
as defined in this Chapter. (1967, c. 690, s. 3; 1975, c. 672, s.
1.)

 90-202.13. Injunctions.
     The Board may appear in its own name in the superior courts
in an action for injunctive relief to prevent violation of this
Article and the superior courts shall have power to grant such
injunctions regardless of whether criminal prosecution has been
or may be instituted as a result of such violations. Actions
under this section shall be commenced in the superior court
district or set of districts as defined in G.S. 7A-41.1 in which
the respondent resides or has his principal place of business or
in which the alleged acts occurred. (1975, c. 672, s. 1; 1981, c.
659, s. 9; 1987 (Reg. Sess., 1988), c. 1037, s. 103.)

90-202.14. Not applicable to physicians.
     Nothing in this Article shall apply to a physician licensed
to practice medicine or to a person acting under the supervision
or at his direction in the course of such practice. (1975, c.
672, s. 1.)
                       ARTICLE 13. 

            Embalmers and Funeral Directors. 


 90-203 to 90-210.17:  Recodified as  90-210.18
to 90-210.25.


 90-210.18.  Construction of Article; State
Board; members; election; qualifications; term; vacancies.
     (a)  The General Assembly declares that the practice of
funeral service affects the public health, safety and welfare,
and is subject to regulation and control in the public interest.
The public interest requires that only qualified persons be
permitted to practice funeral service in North Carolina, and that
the profession merit the confidence of the public. This Article
shall be liberally construed to accomplish these ends.
     (b)  The North Carolina Board of Mortuary Science is created
as a continuation of the North Carolina Board of Embalmers and
Funeral Directors. The Board is the agency for regulation of the
practice of funeral service in this State. The Board shall have
nine members as follows:
          (1)     Four funeral service licensees or persons
holding both funeral director's license and an embalmer's
license,
          (2)     Two persons holding a funeral director's
license or a funeral service license, and
          (3)     Three public members.
A member's term shall be three years and shall expire on December
31 or when his successor has been duly elected or appointed. No
member may serve more than two complete consecutive terms.
     The six seats on the Board for licensees shall be filled in
an election in which every person licensed to practice embalming,
funeral directing, or funeral service in this State may vote. No
licensee may be nominated, elected, or serve unless he holds a
North Carolina license in the class designated for the seat and
unless he is engaged in full-time employment in this State in a
practice authorized by his license. Any vacancy occurring in an
elective seat on the Board shall be filled for the unexpired term
by majority vote of the remaining Board members.
     The public members of the Board shall have full voting
authority. They shall be appointed by the Governor and may
neither be licensed under this Article nor employed by a person
who is. A vacancy occurring in a public member's seat shall be
filled for the unexpired term by the Governor.
     (c)  Nominations and elections of members of the North
Carolina State Board of Mortuary Science shall be as follows:
          (1)     An election shall be held each year to elect
two persons for membership on the Board of Mortuary Science, each
to take office on the first day of January following the
election. If in any year the election of a member of the Board is
not completed by January 1, the member elected that year shall
take office immediately after completion of the election.
          (2)     Every embalmer, funeral director and funeral
service licensee with a current North Carolina license shall be
eligible to vote in all elections. The holding of such a license
to practice in North Carolina shall constitute registration to
vote in such elections. The list of licensed embalmers, funeral
directors and funeral service licensees shall constitute the
registration list for elections.
          (3)     All elections shall be conducted by the State
Board of Mortuary Science which is hereby constituted a Board of
Mortuary Science Elections. If a member of the State Board of
Mortuary Science whose position is to be filled at any election
is nominated to succeed himself and does not withdraw his name,
he shall be disqualified to serve as a member of the Board of
Mortuary Science Elections for that election and the remaining
members of the Board of Mortuary Science Elections shall proceed
and function without his participation.
          (4)     Nomination of candidates for election shall be
made to the Board of Mortuary Science Elections by a written
petition signed by not less than 20 embalmers, funeral directors
or funeral service licensees licensed to practice in North
Carolina, and filed with said Board of Mortuary Science Elections
subsequent to the first day of May of the year in which the
election is to be held and not later than midnight of the first
day of August of such year, or not later than such earlier date
(not before July 1) as may be set by the Board of Mortuary
Science Elections: Provided, that not less than 10 days' notice
of such earlier date shall be given to all embalmers, funeral
directors and funeral service licensees qualified to sign a
petition of nomination.
          (5)     Any person who is nominated as provided in
subdivision (4) above may withdraw his name by written notice
delivered to the Board of Mortuary Science Elections or its
designated secretary at any time prior to the closing of the
polls in any election.
          (5a)     Repealed by Session Laws 1983, c. 69, s. 3.
          (6)     Following the close of nominations, there shall
be prepared, under and in accordance with such rules and
regulations as the Board of Mortuary Science Elections shall
prescribe, ballots containing identification of the seats for
election and, in alphabetical order, the names of all nominees
for each seat. Each ballot shall have such method of
identification, and such instructions and requirements printed
thereon, as shall be prescribed by the Board of Mortuary Science
Elections at such time as may be fixed by the Board of Mortuary
Science Elections a ballot and a return official envelope
addressed to said Board shall be mailed to each embalmer, funeral
director and funeral service licensee licensed to practice in
North Carolina, together with a notice by said Board designating
the latest day and hour for return mailing and containing such
other items as such Board may see fit to include. The said
envelope shall bear a serial number and shall have printed on the
left portion of its face the following:
"Serial No. of Envelope
Signature of Voter
Address of Voter

               (Note: The enclosed ballot is not valid unless the
signature of the voter is on this envelope)." The Board of
Mortuary Science Elections may cause to be printed or stamped or
written on said envelope such additional notice as it may see fit
to give. No ballot shall be valid or shall be counted in an
election unless within the time hereinafter provided it has been
delivered to said Board by hand or by mail and shall be sealed.
The said Board by rule may make provision for replacement of lost
or destroyed envelopes or ballots upon making proper provisions
to safeguard against abuse.
          (7)     The date and hour fixed by the Board of
Mortuary Science Elections as the latest time for delivery by
hand or mailing of said return ballots shall be not earlier than
the tenth day following the mailing of the envelopes and ballots
to the voters.
          (8)     The said ballots shall be canvassed by the
Board of Mortuary Science Elections beginning at 1:00 p.m. on a
day and at a place set by said Board and announced by it in the
notice accompanying the sending out of the ballots and envelopes,
said date to be not later than four days after the date fixed by
the Board for the closing of the balloting. The canvassing shall
be made publicly and any licensed embalmer, funeral director or
funeral service licensee may be present. The counting of ballots
shall be conducted as follows: The envelopes shall be displayed
to the persons present and an opportunity shall be given to any
person present to challenge the qualification of the voter whose
signature appears on the envelope or to challenge the validity of
the envelope. Any envelope (with enclosed ballot) challenged
shall be set aside, and the challenge shall be heard later or at
that time by said Board. After the envelopes have been so
exhibited, those not challenged shall be opened and the ballots
extracted therefrom, insofar as practicable without showing the
marking on the ballots, and there shall be a final and complete
separation of each envelope and its enclosed ballot. Thereafter
each ballot shall be presented for counting, shall be displayed
and, if not challenged, shall be counted. No ballot shall be
valid if it is marked for more nominees than there are positions
to be filled in that election: Provided, that no ballot shall be
rejected for any technical error unless it is impossible to
determine the voter's choices or choice from the ballot. The
counting of ballots shall be continued until completed. During
the counting, challenge may be made to any ballot on the grounds
only of defects appearing on the face of the ballot. The said
Board may decide the challenge immediately when it is made or it
may put aside the ballot and determine the challenge upon the
conclusion of the counting of the ballots.
          (9)     a.     Election shall be determined by a
majority of the votes cast. As used in this subdivision "category
I" refers to the seat held by a funeral service licensee or a
person holding both a funeral director's license and an
embalmer's license, and "category II" refers to the seat held by
a funeral director or a funeral service licensee. A majority
shall be determined:
                    1.     In an election to fill one seat in
category I and one seat in category II, and if there are two or
more candidates for a category, the majority shall be determined
by dividing the total vote cast for all candidates in the
category by two. An excess of the sum so ascertained shall be a
majority.
                    2.     In an election to fill two seats in
the same category, and if there are more than two candidates, the
majority shall be determined by dividing the total vote cast for
all candidates by two and by dividing the result by two. Any
excess of the sum so ascertained shall be a majority. If more
than two candidates obtain a majority the two having the highest
vote shall be declared elected.
               b.     If there is a failure to obtain a majority
of the votes cast for any seat the following procedures shall
apply:
                    1.     In an election to fill one seat in
category I and one seat in category II, and if no candidate
receives a majority in a category, the candidate receiving the
highest number of votes in that category shall be declared
elected unless the candidate receiving the second highest number
of votes, within 10 days of having been notified by the Board of
the vote total, shall request a second election. In the second
election, the names of the candidates who received the highest
and the next highest number of votes shall appear on the ballot.
                    2.     In an election to fill two seats in
the same category, and if no candidate receives a majority, the
two candidates receiving the highest number of votes shall be
declared elected unless the candidate receiving the next highest
number of votes, within 10 days of having been notified by the
Board of the vote total, shall request a second election. In the
second election the names of the two candidates who received the
highest number of votes in the first election and the name of the
candidate who received the next highest number of votes shall
appear on the ballot, and the two candidates who receive the
highest number of votes in the second election shall be declared
elected. If in the first election only one candidate fails to
receive a majority, the candidate receiving the highest number of
votes, but not a majority, shall be declared elected unless the
candidate receiving the next highest number of votes, within 10
days of having been notified by the Board of the vote total,
shall request a second election. In the second election the name
of the candidate who received the highest number of votes, but
not a majority, in the first election and the name of the
candidate who received the next highest number of votes shall
appear on the ballot, and the candidate who receives the higher
number of votes in the second election shall be declared elected.
               c.     In any election if there is a tie between
candidates the tie shall be resolved by a vote of the Board,
provided that if a member of the Board is one of the candidates
in the tie he may not participate in such vote.
          (10)     In the event there shall be required a second
election, there shall be followed the same procedure as outlined
in the paragraphs above subject to the same limitations and
requirements.
          (11)     In the case of the death or withdrawal of a
candidate prior to the closing of the polls in any election, he
shall be eliminated from the contest and any votes cast for him
shall be disregarded. If, at any time after the closing of the
period for nominations, because of lack of plural or proper
nominations, or death, or withdrawal, or disqualification or any
other reason, there shall be (i) only one candidate for a
position, he shall be declared elected by the Board of Mortuary
Science Elections, or (ii) no candidate for a position, the
position shall be filled by the State Board of Mortuary Science.
In the event of the death or withdrawal of a candidate after
election but before taking office, the position to which he was
elected shall be filled by the State Board of Mortuary Science.
In the event of the death or resignation of a member of the State
Board of Mortuary Science, after taking office, his position
shall be filled for the unexpired term by the State Board of
Mortuary Science.
          (12)     An official list of all licensed embalmers,
funeral directors and funeral service licensees shall be kept at
an office of the Board of Mortuary Science Elections and shall be
open to the inspection of any person at all times. Copies may be
made by any licensed embalmer, funeral director or funeral
service licensee. As soon as the voting in any election begins, a
list of the licensed embalmers, funeral directors, and funeral
service licensees shall be posted in such office of said Board
and indication by mark or otherwise shall be made on that list to
show whether a ballot-enclosing envelope has been returned.
          (13)     All envelopes enclosing ballots and all
ballots shall be preserved and held separately by the Board of
Mortuary Science Elections for a period of six months following
the close of an election.
          (14)     From any decision of the Board of Mortuary
Science Elections relative to the conduct of such elections,
appeal may be taken to the courts in the manner otherwise
provided by Chapter 150B of the General Statutes of North
Carolina.
          (15)     The Board of Mortuary Science Elections is
authorized to make rules and regulations relative to the conduct
of these elections, provided same are not in conflict with the
provisions of this section and provided that notice shall be
given to all licensed embalmers, funeral directors, and funeral
service licensees.
     (d)  The Board of Mortuary Science Elections is authorized
to appoint such secretary or secretaries and/or assistant
secretary or assistant secretaries to perform such functions in
connection with such nominations and elections as said Board
shall determine, provided that any protestant or contestant shall
have the right to a hearing by said Board in connection with any
challenge of a voter, or an envelope, or a ballot or the counting
of an election. Said Board is authorized to designate an office
or offices for the keeping of lists of registered embalmers,
funeral directors and funeral service licensees, for the issuance
and receipt of envelopes and ballots. (1901, c. 338, ss. 1-3;
Rev., s. 4384; C.S., s. 6777; 1931, c. 174; 1945, c. 98, s. 1;
1949, c. 951, s. 1; 1957, c. 1240, s. 1; 1965, c. 630, s. 1;
1973, c. 476, s. 128; 1975, c. 571; 1979, c. 461, ss. 1-4; 1983,
c. 69, ss. 1-4; 1987, c. 430, s. 1; c. 827, s. 1; c. 879, s. 6.2;
1991, c. 528, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 901, s. 3.)

90-210.19. Board members' oath of office.
     The members of said Board, before entering upon their
duties, shall take and subscribe to the oath of office prescribed
for other State officers, which said oath shall be administered
by a person qualified to administer such oath and shall be filed
in the office of the Secretary of State. (1901, c. 338, ss. 3, 4;
Rev., s. 4385; C.S., s. 6778; 1945, c. 98, s. 2; 1949, c. 951, s.
2; 1957, c. 1240, s. 2; 1969, c. 584, s. 1; 1973, c. 476, s. 128;
1975, c. 571.)


 90-210.20.  Definitions.
     (a)  "Advertisement" means the publication, dissemination,
circulation or placing before the public, or causing directly or
indirectly to be made, published, disseminated or placed before
the public, any announcement or statement in a newspaper,
magazine, or other publication, or in the form of a book, notice,
circular, pamphlet, letter, handbill, poster, bill, sign,
placard, card, label or tag, or over any radio or television
station.
     (b)  "Board" means the North Carolina State Board of
Mortuary Science.
     (c)  "Burial" includes interment in any form, cremation and
the transportation of the dead human body as necessary therefor.
     (c1)  "Dead human bodies", as used in this Article includes
fetuses beyond the second trimester and the ashes from cremated
bodies.
     (d)  "Embalmer" means any person engaged in the practice of
"embalming" as defined below.
     (e)  "Embalming" means the preservation and disinfection or
attempted preservation and disinfection of the dead human bodies
by application of chemicals externally or internally or both and
the practice of restorative art including the restoration or
attempted restoration of the appearance of the dead human body.
     (e1)  "Funeral chapel" means a chapel or other facility
separate from the funeral establishment premises for the reposing
of dead human bodies, visitation or funeral ceremony, which is
owned, operated, or maintained by a funeral establishment or
other licensee under this Article, and which does not use the
word "funeral" in its name, on a sign, in a directory, in
advertising or in any other manner; in which or on the premises
of which there is not displayed or offered for sale any caskets
or other funeral merchandise; in which or on the premises of
which there is not located any funeral business office or a
preparation room; in which or on the premises of which no funeral
sales, financing, or arrangements are made; and which no owner,
operator, employee, or agent thereof represents the chapel to be
a funeral establishment.
     (f)  "Funeral directing" means engaging in the practice of
funeral service except embalming as hereinbefore defined.
     (g)  "Funeral director" means any person engaged in the
practice of "funeral directing" as defined above.
     (h)  "Funeral establishment" means every place or premises
devoted to or used in the care, arrangement and preparation for
the funeral and final disposition of dead human bodies and
maintained for the convenience of the public in connection with
dead human bodies or as the place for carrying on the profession
of funeral service.
     (i)  "Funeral service licensee" means a person who is duly
licensed and engaged in the "practice of funeral service" as
below defined.
     (j)  "Funeral service profession" means the aggregate of all
funeral service licensees and their duties and responsibilities
in connection with the funeral as an organized, purposeful, time-
limited, flexible, group-centered response to death.
     (k)  "Practice of funeral service" means engaging in the
care or disposition of dead human bodies or in the practice of
disinfecting and preparing by embalming or otherwise dead human
bodies for the funeral service, transportation, burial or
cremation, or in the practice of funeral directing or embalming
as presently known, whether under these titles or designations or
otherwise. It also means engaging in making arrangements for
funeral service, selling funeral supplies to the public or making
financial arrangements for the rendering of such services or the
sale of such supplies.
     (l)  "Resident trainee" means a person who is engaged in
preparing to become licensed for the practice of funeral
directing, embalming or funeral service under the personal
supervision and instruction of a person duly licensed for the
practice of funeral directing, embalming or funeral service in
the State of North Carolina under the provisions of this Chapter,
and who is duly registered as such with the Board. (1957, c.
1240, s. 2; 1975, c. 571; 1979, c. 461, s. 6; 1987, c. 430, s. 2;
c. 879, s. 6.2; 1997-399, s. 1.)

 90-210.21. Repealed by Session Laws 1987, c. 430,
s. 3.


 90-210.22.  Required meetings of the
Board.
     The Board shall hold at least two meetings in each year at
which examinations shall be given to qualified applicants for
licenses. In addition, the Board may meet as often as the proper
and efficient discharge of its duties shall require. Five members
shall constitute a quorum. (1901, c. 338, ss. 5, 6, 7, 8; Rev.,
s. 4387; C.S., s. 6780; 1949, c. 951, s. 3; 1957, c. 1240, s. 2;
1969, c. 584, s. 2; 1973, c. 476, s. 128; 1975, c. 571; 1991
(Reg. Sess., 1992), c. 901, s. 4.)


 90-210.23.  Powers and duties of the
Board.
     (a)  The Board is authorized to adopt and promulgate such
rules and regulations for transaction of its business and for the
carrying out and enforcement of the provisions of this Article as
may be necessary and as are consistent with the laws of this
State and of the United States.
     (b)  The Board shall elect from its members a president, a
vice-president and a secretary, no two offices to be held by the
same person. The president and vice-president and secretary shall
serve for one year and until their successors shall be elected
and qualify. The Board shall have authority to engage adequate
staff as deemed necessary to perform its duties.
     (c)  The members of the Board shall serve without
compensation provided that such members shall be reimbursed for
their necessary traveling expenses and the necessary expenses
incident to their attendance upon the business of the Board, and
in addition thereto they shall receive per diem and expense
reimbursement as provided in G.S. 93B-5 for every day actually
spent by such member upon the business of the Board. All
expenses, salaries and per diem provided for in this Article
shall be paid from funds received under the provisions of this
Article and shall in no manner be an expense to the State.
     (d)  Every person licensed by the Board and every resident
trainee shall furnish all information required by the Board
reasonably relevant to the practice of the profession or business
for which the person is a licensee or resident trainee. Every
funeral service establishment and its records and every place of
business where the practice of funeral service or embalming is
carried on and its records shall be subject to inspection by the
Board during normal hours of operation and periods shortly before
or after normal hours of operation and shall furnish all
information required by the Board reasonably relevant to the
business therein conducted. Every licensee, resident trainee,
embalming facility, and funeral service establishment shall
provide the Board with a current post-office address which shall
be placed on the appropriate register and all notices required by
law or by any rule or regulation of the Board to be mailed to any
licensee, resident trainee, embalming facility, or funeral
service establishment shall be validly given when mailed to the
address so provided.
     The Board is empowered to hold hearings in accordance with
the provisions of this Article and of Chapter 150B to subpoena
witnesses and to administer oaths to or receive the affirmation
of witnesses before the Board.
     (e)  The Board is empowered to regulate and inspect,
according to law, funeral service establishments and embalming
facilities, their operation, and the licenses under which they
are operated, and to enforce as provided by law the rules,
regulations, and requirements of the Division of Health Services
and of the city, town, or county in which the funeral service
establishment or embalming facility is maintained and operated.
Any funeral establishment or embalming facility that, upon
inspection, is found not to meet all of the requirements of this
Article shall pay a reinspection fee to the Board for each
additional inspection that is made to ascertain that the
deficiency or other violation has been corrected. The Board is
also empowered to enforce compliance with the standards set forth
in Funeral Industry Practices, 16 C.F.R. 453 (1984), as amended
from time to time.
     (f)  The Board may establish, supervise, regulate and
control programs for the resident trainee. It may approve schools
of mortuary science or funeral service, graduation from which is
required by this Article as a qualification for the granting of
any license, and may establish essential requirements and
standards for such approval of mortuary science or funeral
service schools.
     (g)  Schools for teaching mortuary science which are
approved by the Board shall have extended to them the same
privileges as to the use of bodies for dissecting while teaching
as those granted in this State to medical colleges, but such
bodies shall be obtained through the same agencies which provide
bodies for medical colleges.
     (h)  The Board shall adopt a common seal.
     (i)  The Board may perform such other acts and exercise such
other powers and duties as may be provided elsewhere in this
Article or otherwise by law and as may be necessary to carry out
the powers herein conferred. (1901, c. 338, ss. 5, 6, 7, 8, 11;
Rev., ss. 4386, 4387, 4389; C.S., ss. 6779, 6780, 6783; 1949, c.
951, s. 3; 1957, c. 1240, s. 2; 1969, c. 584, s. 2; 1973, c. 476,
s. 128; 1975, c. 571; 1979, c. 461, ss. 8, 9; 1987, c. 827, s. 1;
1991, c. 528, s. 3; 1993, c. 164, s. 1; 1997-399, ss. 2, 3.)


 90-210.24.  Inspector.
     (a)  The Board may appoint one or more agents who shall
serve at the pleasure of the Board and who shall have the title
"Inspector of the Board of Mortuary Science of North Carolina."
No person is eligible for appointment as inspector unless at the
time of his appointment he is licensed under this Article as a
funeral service licensee.
     (b)  To determine compliance with the provisions of this
Article and regulations promulgated under this Article,
inspectors may
          (1)     Enter the office, establishment or place of
business of any funeral service licensee, funeral director or
embalmer in North Carolina, and any office, establishment or
place in North Carolina where the practice of funeral service or
embalming is carried on, or where that practice is advertised as
being carried on, or where a funeral is being conducted or a body
is being embalmed, to inspect the records, office, establishment,
or facility, or to inspect the practice being carried on or
license or registration of any licensee and any resident trainee
operating therein;
          (2)     Enter any hospital, nursing home, or other
institution from which a dead human body has been removed by any
person licensed under this Article or their designated
representative to inspect records pertaining to the removal and
its authorization; and
          (3)     May inspect criminal and probation records of
licensees and applicants for licenses under this Article to
obtain evidence of their character.
Inspectors may serve papers and subpoenas issued by the Board or
any office or member thereof under authority of this Article, and
shall perform other duties prescribed or ordered by the Board.
     (c)  Upon request by the Board, the Attorney General of
North Carolina shall provide the inspectors with appropriate
identification cards, signed by the Attorney General or his
designated agent.
     (d)  The Board may prescribe an inspection form to be used
by the inspectors in performing their duties. (1975, c. 571;
1979, c. 461, s. 10; 1993, c. 164, s. 2; 1997-399, s. 4.)


 90-210.25.  Licensing.
     (a)  Qualifications, Examinations, Resident Traineeship and
Licensure. --
          (1)     To be licensed for the practice of funeral
directing under this Article, a person must:
               a.     Be at least 18 years of age.
               b.     Be of good moral character.
               c.     Have completed a minimum of 32 semester
hours or 48 quarter hours of instruction in a course of study
including the subjects set out in item e.1. of this subsection in
a mortuary science college approved by the Board, or be a
graduate of a mortuary science college approved by the Board.
               d.     Have completed 12 months of resident
traineeship as funeral director, pursuant to the procedures and
conditions set out in G.S. 90-210.25(a)(4), either before or
after satisfying the educational requirement under item c. of
this subsection.
               e.     Have passed an oral or written funeral
director examination on the following subjects:
                    1.     Psychology, sociology, funeral
directing, business law, funeral law, funeral management, and
accounting.
                    2.     Repealed by 1997-399, s. 5.
                    3.     Laws of North Carolina and rules of
the Board of Mortuary Science and other agencies dealing with the
care, transportation and disposition of dead human bodies.
          (2)     To be licensed for the practice of embalming
under this Article, a person must:
               a.     Be at least 18 years of age.
               b.     Be of good moral character.
               c.     Be a graduate of a mortuary science college
approved by the Board.
               d.     Have completed 12 months of resident
traineeship as an embalmer pursuant to the procedures and
conditions set out in G.S. 90-210.25(a)(4), either before or
after satisfying the educational requirement under item c. of
this subsection.
               e.     Have passed an oral or written embalmer
examination on the following subjects:
                    1.     Embalming, restorative arts,
chemistry, pathology, microbiology, and anatomy.
                    2.     Repealed by 1997-399, s. 6.
                    3.     Laws of North Carolina and rules of
the Board of Mortuary Science and other agencies dealing with the
care, transportation and disposition of dead human bodies.
          (3)     To be licensed for the practice of funeral
service under this Article, a person must:
               a.     Be at least 18 years of age.
               b.     Be of good moral character.
               c.     Be a graduate of a mortuary science college
approved by the Board.
               d.     Have completed 12 months of resident
traineeship as a funeral service licensee, pursuant to the
procedures and conditions set out in G.S. 90-210.25(a)(4), either
before or after satisfying the educational requirement under item
c. of this subsection.
               e.     Have passed an oral or written funeral
service examination on the following subjects:
                    1.     Psychology, sociology, funeral
directing, business law, funeral law, funeral management, and
accounting.
                    2.     Embalming, restorative arts,
chemistry, pathology, microbiology, and anatomy.
                    3.     Repealed by 1997-399, s. 7.
                    4.     Laws of North Carolina and rules of
the Board of Mortuary Science and other agencies dealing with the
care, transportation and disposition of dead human bodies.
          (4)     a.     A person desiring to become a resident
trainee shall apply to the Board on a form provided by the Board.
The application shall state that the applicant is not less than
18 years of age, of good moral character, and is the graduate of
a high school or the equivalent thereof, and shall indicate the
licensee under whom the applicant expects to train. A person
training to become an embalmer may serve under either a licensed
embalmer or a funeral service licensee. A person training to
become a funeral director may serve under either a licensed
funeral director or a funeral service licensee. A person training
to become a funeral service licensee shall serve under a funeral
service licensee. The application must be sustained by oath of
the applicant and be accompanied by the appropriate fee. When the
Board is satisfied as to the qualifications of an applicant it
shall instruct the secretary to issue a certificate of resident
traineeship.
               b.     When a resident trainee leaves the
proctorship of the licensee under whom the trainee has worked,
the licensee shall file with the Board an affidavit showing the
length of time served with the licensee by the trainee, and the
affidavit shall be made a matter of record in the Board's office.
The licensee shall deliver a copy of the affidavit to the
trainee.
               c.     A person who has not completed the
traineeship and wishes to do so under a licensee other than the
one whose name appears on the original certificate may reapply to
the Board for approval, without payment of an additional fee.
               d.     A certificate of resident traineeship shall
be signed by the resident trainee and upon payment of the renewal
fee shall be renewable one year after the date of original
registration; but the certificate may not be renewed more than
one time. The Board shall mail to each registered trainee at his
last known address a notice that the renewal fee is due and that,
if not paid within 30 days of the notice, the certificate will be
canceled. A penalty, in addition to the renewal fee, shall be
charged for a late renewal, but the renewal of the registration
of any resident trainee who is engaged in the active military
service of the United States at the time renewal is due may, at
the discretion of the Board, be held in abeyance for the duration
of that service without penalties. No credit shall be allowed for
the 12-month period of resident traineeship that shall have been
completed more than three years preceding the examination for a
license.
               e.     All registered resident trainees shall
report to the Board at least every three months during
traineeship upon forms provided by the Board listing the work
which has been completed during the preceding three months of
resident traineeship. The data contained in the reports shall be
certified as correct by the licensee under whom the trainee has
served during the period and by the licensed person who is
managing the funeral service establishment. Each report shall
list the following:
                    1.     For funeral director trainees, the
conduct of any funerals during the relevant time period,
                    2.     For embalming trainees, the embalming
of any bodies during the relevant time period,
                    3.     For funeral service trainees, both of
the activities named in 1 and 2 of this subsection, engaged in
during the relevant time period.
               f.      To meet the resident traineeship
requirements of G.S. 90-210.25(a)(1), G.S. 90-210.25(a)(2) and
G.S. 90-210.25(a)(3) the following must be shown by the
affidavit(s) of the licensee(s) under whom the trainee worked:
                    1.     That the funeral director trainee has,
under supervision, assisted in directing at least 25 funerals
during the resident traineeship,
                    2.     That the embalmer trainee has, under
supervision, assisted in embalming at least 25 bodies during the
resident traineeship,
                    3.     That the funeral service trainee has,
under supervision assisted in directing at least 25 funerals and,
under supervision, assisted in embalming at least 25 bodies
during the resident traineeship.
               g.     The Board may suspend or revoke a
certificate of resident traineeship for violation of any
provision of this Article.
               h.     Each sponsor for a registered resident
trainee must during the period of sponsorship be actively
employed with a funeral establishment. The traineeship shall be a
primary vocation of the trainee.
               i.     Only one resident trainee may register and
serve at any one time under any one person licensed under this
Article.
               j., k.     Repealed by Session Laws 1991, c. 528,
s. 4.
               l.     The Board shall register no more than one
resident trainee at a funeral establishment that conducted 100 or
fewer funerals during the 12 months immediately preceding the
date of the application, and shall register no more than one
resident trainee for each additional 100 funerals conducted at
the funeral establishment during the 12 months immediately
preceding the date of the application.
          (5)     The Board by regulation may recognize other
examinations that the Board deems equivalent to its own.
                  All licenses shall be signed by the president
and secretary of the Board and the seal of the Board affixed
thereto. All licenses shall be issued, renewed or duplicated for
a period not exceeding one year upon payment of the renewal fee,
and all licenses, renewals or duplicates thereof shall expire and
terminate the thirty-first day of December following the date of
their issue unless sooner revoked and canceled; provided, that
the date of expiration may be changed by unanimous consent of the
Board and upon 90 days' written notice of such change to all
persons licensed for the practice of funeral directing, embalming
and funeral service in this State.
                  The holder of any license issued by the Board
who shall fail to renew the same on or before January 31 of the
calendar year for which the license is to be renewed shall have
forfeited and surrendered the license as of that date. No license
forfeited or surrendered pursuant to the preceding sentence shall
be reinstated by the Board unless it is shown to the Board that
the applicant has, throughout the period of forfeiture, engaged
full time in another state of the United States or the District
of Columbia in the practice to which his North Carolina license
applies and has completed for each such year continuing education
substantially equivalent in the opinion of the Board to that
required of North Carolina licensees; or has completed in North
Carolina a total number of hours of accredited continuing
education computed by multiplying five times the number of years
of forfeiture; or has passed the North Carolina examination for
the forfeited license. No additional resident traineeship shall
be required. The applicant shall be required to pay all
delinquent annual renewal fees and a reinstatement fee. The Board
may waive the provisions of this section for an applicant for a
forfeiture which occurred during his service in the armed forces
of the United States provided he applies within six months
following severance therefrom.
                  All licensees now or hereafter licensed in
North Carolina shall take courses of study in subjects relating
to the practice of the profession for which they are licensed, to
the end that new techniques, scientific and clinical advances,
the achievements of research and the benefits of learning and
reviewing skills will be utilized and applied to assure proper
service to the public.
                  As a prerequisite to the annual renewal of a
license, the licensee must complete, during the year immediately
preceding renewal, at least five hours of continuing education
courses, approved by the Board prior to enrollment. A licensee
who completes more than five hours in a year may carry over a
maximum of five hours as a credit to the following year's
requirement. A licensee who is issued an initial license on or
after July 1 does not have to satisfy the continuing education
requirement for that year.
                  The Board shall not renew a license unless
fulfillment of the continuing education requirement has been
certified to it on a form provided by the Board, but the Board
may waive this requirement for renewal in cases of certified
illness or undue hardship or where the licensee lives outside of
North Carolina and does not practice in North Carolina, and the
Board shall waive the requirement for all licensees who have been
licensed in North Carolina for a continuous period of 25 years or
more, and for all licensees who are, at the time of renewal,
members of the General Assembly. The waiver for 25-year licensees
shall apply only to those licensees who, before January 1, 1998,
are licensed, begin a course of study in a mortuary science
college or a trainee program, or make an application for a
license.
                  The Board shall cause to be established and
offered to the licensees, each calendar year, at least five hours
of continuing education courses in subjects encompassing the
license categories of embalming, funeral directing and funeral
service. The Board may charge licensees attending these courses a
reasonable registration fee in order to meet the expenses thereof
and may also meet those expenses from other funds received under
the provisions of this Article.
                  Any person who having been previously licensed
by the Board as a funeral director or embalmer prior to July 1,
1975, shall not be required to satisfy the requirements herein
for licensure as a funeral service licensee, but shall be
entitled to have such license renewed upon making proper
application therefor and upon payment of the renewal fee provided
by the provisions of this Article. Persons previously licensed by
the Board as a funeral director may engage in funeral directing,
and persons previously licensed by the Board as an embalmer may
engage in embalming. Any person having been previously licensed
by the Board as both a funeral director and an embalmer may upon
application therefor receive a license as a funeral service
licensee.
     (a1)  Inactive Licenses. -- Any person holding a license
issued by the Board for funeral directing, for embalming, or for
the practice of funeral service may apply for an inactive license
in the same category as the active license held. The inactive
license is renewable annually. Continuing education is not
required for the renewal of an inactive license. The only
activity that a holder of an inactive license may engage in is to
vote pursuant to G.S. 90-210.18(c)(2). The holder of an inactive
license may apply for an active license in the same category, and
the Board shall issue an active license if the applicant has
completed in North Carolina a total number of hours of accredited
continuing education equal to five times the number of years the
applicant held the inactive license. No application fee is
required for the reinstatement of an active license pursuant to
this subsection. The holder of an inactive license who returns to
active status shall surrender the inactive license to the Board.
     (b)  Persons Licensed under the Laws of Other Jurisdictions.
--
          (1)     The Board shall grant licenses to funeral
directors, embalmers and funeral service licensees, licensed in
other states, territories, the District of Columbia, and foreign
countries, when it is shown that the applicant holds a valid
license as a funeral director, embalmer or funeral service
licensee issued by the other jurisdiction, has demonstrated
knowledge of the laws and regulations governing the profession in
North Carolina and has submitted proof of his good moral
character; and either that the applicant has continuously
practiced the profession in the other jurisdiction for at least
three years immediately preceding his application, or the Board
has determined that the licensing requirements for the other
jurisdiction are substantially similar to those of North
Carolina.
          (2)     The Board shall periodically review the
mortuary science licensing requirements of other jurisdictions
and shall determine which licensing requirements are
substantially similar to the requirements of North Carolina.
          (3)     The Board may issue special permits, to be
known as courtesy cards, permitting nonresident funeral
directors, embalmers and funeral service licensees to remove
bodies from and to arrange and direct funerals and embalm bodies
in this State, but these privileges shall not include the right
to establish a place of business in or engage generally in the
business of funeral directing and embalming in this State. Except
for special permits issued by the Board for teaching continuing
education programs and for work in connection with disasters, no
special permits may be issued to nonresident funeral directors,
embalmers, and funeral service licensees from states that do not
issue similar courtesy cards to persons licensed in North
Carolina pursuant to this Article.
     (c)  Registration, Filing and Transportation. -- The holder
of any license granted by this State for those within the funeral
service profession or renewal thereof provided for in this
Article shall cause registration to be filed in the office of the
board of health of the county or city in which he practices his
profession, or if there be no board of health in such county or
city, at the office of the clerk of the superior court of such
county. All such licenses, certificates, duplicates and renewals
thereof shall be displayed in a conspicuous place in the funeral
establishment where the holder renders service. It shall be
unlawful for any railway agent, express agency, baggage master,
conductor or other person acting as such, to receive the dead
body of any person for shipment or transportation by railway or
other public conveyance, to a point outside of this State, unless
said body be accompanied by a removal or shipping permit.
     (d)  Establishment Permit. --
          (1)     No person, firm or corporation shall conduct,
maintain, manage or operate a funeral establishment unless a
permit for that establishment has been issued by the Board and is
conspicuously displayed in the establishment. Each funeral
establishment at a specific location shall be deemed to be a
separate entity and shall require a separate permit and
compliance with the requirements of this Article.
          (2)     A permit shall be issued when:
               a.     It is shown that the funeral establishment
has in charge a person, known as a manager, licensed for the
practice of funeral directing or funeral service, who shall not
be permitted to manage more than one funeral establishment.
               b.     The Board receives a list of the names of
all part-time and full-time licensees employed by the
establishment.
               c.     It is shown that the funeral establishment
satisfies the requirements of G.S. 90-210.27A.
               d.     The Board receives payment of the permit
fee.
          (3)     Applications for funeral establishment permits
shall be made on forms provided by the Board and filed with the
Board by the owner, a partner, a member of the limited liability
company, or an officer of the corporation by January 1 of each
year, and shall be accompanied by the application fee or renewal
fee, as the case may be. All permits shall expire on December 31
of each year.
                  A penalty for late renewal, in addition to the
regular renewal fee, shall be charged for renewal of registration
coming after the first day of February.
          (4)     The Board may suspend or revoke a permit when
an owner, partner, manager, member, operator, or officer of the
funeral establishment violates any provision of this Article or
any regulations of the Board, or when any agent or employee of
the funeral establishment, with the consent of any person, firm
or corporation operating the funeral establishment, violates any
of those provisions, rules or regulations.
          (5)     Funeral establishment permits are not
transferable. A new application for a permit shall be made to the
Board within 30 days of a change of ownership of a funeral
establishment.
     (d1)  Embalming Outside Establishment. -- An embalmer who
engages in embalming in a facility other than a funeral
establishment or in the residence of the deceased person shall,
no later than January 1 of each year, register the facility with
the Board on forms provided by the Board.
     (e)  Revocation; Suspension; Compromise; Disclosure. --
          (1)     Whenever the Board finds that an applicant for
a license or a person to whom a license has been issued by the
Board is guilty of any of the following acts or omissions and the
Board also finds that the person has thereby become unfit to
practice, the Board may suspend or revoke the license or refuse
to issue or renew the license, in accordance with the procedures
set out in Chapter 150B:
               a.     Conviction of a felony or a crime involving
fraud or moral turpitude.
               b.     Fraud or misrepresentation in obtaining or
renewing a license or in the practice of funeral service.
               c.     False or misleading advertising as the
holder of a license.
               d.     Solicitation of dead human bodies by the
licensee, his agents, assistants, or employees; but this
paragraph shall not be construed to prohibit general advertising
by the licensee.
               e.     Employment directly or indirectly of any
resident trainee agent, assistant or other person, on a part-time
or full-time basis, or on commission, for the purpose of calling
upon individuals or institutions by whose influence dead human
bodies may be turned over to a particular licensee.
               f.     The direct or indirect giving of
certificates of credit or the payment or offer of payment of a
commission by the licensee, his agents, assistants or employees
for the purpose of securing business.
               g.     Gross immorality, including being under the
influence of alcohol or drugs while practicing funeral service.
               h.     Aiding or abetting an unlicensed person to
perform services under this Article, including the use of a
picture or name in connection with advertisements or other
written material published or caused to be published by the
licensee.
               i.     Using profane, indecent or obscene language
in the presence of a dead human body, and within the immediate
hearing of the family or relatives of a deceased, whose body has
not yet been interred or otherwise disposed of.
               j.     Violating or cooperating with others to
violate any of the provisions of this Article, the rules and
regulations of the Board, or the standards set forth in Funeral
Industry Practices, 16 C.F.R. 453 (1984), as amended from time to
time.
               k.     Violation of any State law or municipal or
county ordinance or regulation affecting the handling, custody,
care or transportation of dead human bodies.
               l.     Refusing to surrender promptly the custody
of a dead human body upon the express order of the person
lawfully entitled to the custody thereof.
               m.     Knowingly making any false statement on a
certificate of death.
               n.     Indecent exposure or exhibition of a dead
human body while in the custody or control of a licensee.
                  In any case in which the Board is entitled to
suspend, revoke or refuse to renew a license, the Board may
accept from the licensee an offer in compromise to pay a penalty
of not more than one thousand dollars ($1,000). The Board may
either accept a compromise or revoke or refuse to renew a
license, but not both.
          (2)     Where the Board finds that a licensee is guilty
of one or more of the acts or omissions listed in subsection (e)
(1) of this section but it is determined by the Board that the
licensee has not thereby become unfit to practice, the Board may
place the licensee on a term of probation in accordance with the
procedures set out in Chapter 150B.
     No person licensed under this Article shall remove or cause
to be embalmed a dead human body when he has information
indicating crime or violence of any sort in connection with the
cause of death, nor shall a dead human body be cremated, until
permission of the State or county medical examiner has first been
obtained. However, nothing in this Article shall be construed to
alter the duties and authority now vested in the office of the
coroner.
     No funeral service establishment shall accept a dead human
body from any public officer (excluding the State or county
medical examiner or his agent), or employee or from the official
of any institution, hospital or nursing home, or from a physician
or any person having a professional relationship with a decedent,
without having first made due inquiry as to the desires of the
persons who have the legal authority to direct the disposition of
the decedent's body. If any persons are found, their authority
and directions shall govern the disposal of the remains of the
decedent. Any funeral service establishment receiving the remains
in violation of this subsection shall make no charge for any
service in connection with the remains prior to delivery of the
remains as stipulated by the persons having legal authority to
direct the disposition of the body. This section shall not
prevent any funeral service establishment from charging and being
reimbursed for services rendered in connection with the removal
of the remains of any deceased person in case of accidental or
violent death, and rendering necessary professional services
required until the persons having legal authority to direct the
disposition of the body have been notified.
     When and where a licensee presents a selection of funeral
merchandise to the public to be used in connection with the
service to be provided by the licensee or an establishment as
licensed under this Article, a card or brochure shall be directly
associated with each item of merchandise setting forth the price
of the service using said merchandise and listing the services
and other merchandise included in the price, if any. When there
are separate prices for the merchandise and services, such cards
or brochures shall indicate the price of the merchandise and of
the items separately priced.
     At the time funeral arrangements are made and prior to the
time of rendering the service and providing the merchandise, a
funeral director or funeral service licensee shall give or cause
to be given to the person or persons making such arrangements a
written statement duly signed by a licensee of said funeral
establishment showing the price of the service as selected and
what services are included therein, the price of each of the
supplemental items of services or merchandise requested, and the
amounts involved for each of the items for which the funeral
establishment will advance moneys as an accommodation to the
person making arrangements, insofar as any of the above items can
be specified at that time. The statement shall have printed,
typed or stamped on the face thereof: "This statement of
disclosure is provided pursuant to the requirements of North
Carolina G.S. 90-210.25(e)."
     (f)  Unlawful Practices. -- If any person shall practice or
hold himself out as practicing the profession or art of
embalming, funeral directing or practice of funeral service
without having complied with the licensing provisions of this
Article, he shall be guilty of a Class 2 misdemeanor.
     Whenever it shall appear to the Board that any person, firm
or corporation has violated, threatens to violate or is violating
any provisions of this Article, the Board may apply to the courts
of the State for a restraining order and injunction to restrain
these practices. If upon application the court finds that any
provision of this Article is being violated, or a violation is
threatened, the court shall issue an order restraining and
enjoining the violations, and this relief may be granted
regardless of whether criminal prosecution is instituted under
the provisions of this subsection. The venue for actions brought
under this subsection shall be the superior court of any county
in which the acts are alleged to have been committed or in the
county where the defendant in the action resides. (1901, c. 338,
ss. 9, 10, 14; Rev., ss. 3644, 4388; 1917, c. 36; 1919, c. 88;
C.S., ss. 6781, 6782; 1949, c. 951, s. 4; 1951, c. 413; 1957, c.
1240, ss. 2, 21/2; 1965, cc. 719, 720; 1967, c. 691, s. 48; c.
1154, s. 2; 1969, c. 584, ss. 3, 3a, 4; 1975, c. 571; 1979, c.
461, ss. 11-21; 1981, c. 619, ss. 1-4; 1983, c. 69, s. 5; 1985,
c. 242; 1987, c. 430, ss. 4-11; c. 827, s. 1; c. 879, s. 6.2;
1991, c. 528, ss. 4, 5; 1993, c. 539, s. 638; 1994, Ex. Sess., c.
24, s. 14(c); 1997-399, ss. 5-13.)


 90-210.25A.  Minimum burial depth.
     When final disposition of a human body entails interment,
the top of the uppermost part of the burial vault or other
encasement shall be a minimum of 18 inches below the ground
surface. This section does not apply to burials where no part of
the burial vault or other encasement containing the body is
touching the ground. (1995, c. 123, s. 16.)

90-210.26. Good moral character.
     Evidence of good moral character may be shown by the
affidavits of three persons who have been acquainted with the
applicant for three years immediately preceding the submission of
the affidavit. (1979, c. 461, s. 22.)

 90-210.27. Repealed by Session Laws 1987, c. 430,
s. 12.


 90-210.27A.  Funeral establishments.
     (a)  Every funeral establishment shall contain a preparation
room which is strictly private, of suitable size for the
embalming of dead bodies.  Each preparation room shall:
          (1)     Contain one standard type operating table.
          (2)     Contain facilities for adequate drainage.
          (3)     Contain a sanitary waste receptacle.
          (4)     Contain an instrument sterilizer.
          (5)     Have wall-to-wall floor covering of tile,
concrete, or other material which can be easily cleaned.
          (6)     Be kept in sanitary condition and subject to
inspection by the Board or its agents at all times.
          (7)     Have a placard or sign on the door indicating
that the preparation room is private.
          (8)     Have a proper ventilation or purification
system to maintain a nonhazardous level of airborne
contamination.
     (b)  No one is allowed in the preparation room while a dead
human body is being prepared except licensees, resident trainees,
public officials in the discharge of their duties, members of the
medical profession, officials of the funeral home, next of kin,
or other legally authorized persons.
     (c)  Every funeral establishment shall contain a reposing
room for dead human bodies, of suitable size to accommodate a
casket and visitors.
     (d)  Repealed by Session Laws 1997-399, s. 14.
     (e)  If a funeral establishment is solely owned by a natural
person, that person must be licensed by the Board as a funeral
director or a funeral service licensee.  If it is owned by a
partnership, at least one partner must be licensed by the Board
as a funeral director or a funeral service licensee.  If it is
owned by a corporation, the president, vice-president, or the
chairman of the board of directors must be licensed by the Board
as a funeral director or a funeral service licensee.  If it is
owned by a limited liability company, at least one member must be
licensed by the Board as a funeral director or a funeral service
licensee.  The licensee required by this subsection must be
actively engaged in the operation of the funeral establishment.
     (f)  If a funeral establishment uses the name of a living
person in the name under which it does business, that person must
be licensed by the Board as a funeral director or a funeral
service licensee.
     (g)  No funeral establishment or other licensee under this
Article shall own, operate, or maintain a funeral chapel without
first having registered the name, location, and ownership thereof
with the Board. (1987, c. 430, s. 13; c. 879, s. 6.2; 1997-399,
s. 14.)


 90-210.28.  Fees.
     The Board may set and collect fees, not to exceed the
following amounts:
     Establishment permit
          Application          $250.00
          Annual renewal          175.00
          Late renewal penalty          100.00
     Reinspection fee          100.00
     Courtesy card
          Application           75.00
          Annual renewal          50.00
     Out-of-state licensee
          Application          200.00
     Embalmer, funeral director, funeral service
          Application--North Carolina-Resident          150.00
          -Non-Resident          200.00
     Annual Renewal-embalmer or funeral director          50.00
          -funeral service          100.00
          Reinstatement fee          50.00
     Resident trainee permit
          Application          50.00
          Annual renewal          35.00
          Late renewal penalty          25.00
           Duplicate license certificate          25.00
     Chapel registration
          Application          150.00
          Annual renewal          100.00
     The Board shall provide, without charge, one copy of the
current statutes and regulations relating to Mortuary Science to
every person applying for and paying the appropriate fees for
licensing pursuant to this Article.  The Board may charge all
others requesting copies of the current statutes and regulations,
and the licensees or applicants requesting additional copies, a
fee equal to the costs of production and distribution of the
requested documents. (1979, c. 461, s. 22; 1981, c. 619, s. 5;
1985, c. 447, ss. 1, 2; 1987, c. 710; 1989 (Reg. Sess., 1990), c.
968; 1997-399, s. 15.)


 90-210.29.  Students.
     (a)  Students who are enrolled in duly accredited mortuary
science colleges in North Carolina may engage in the practices
defined in this Article if the practices are part of their
academic training and if the practices are under the supervision
of a licensed instructor of mortuary science or a licensee
designated by the mortuary science college upon registration with
the Board.
     (b)  The Board shall issue student permits upon verification
of an applicant's enrollment in a duly accredited mortuary
science college. (1979, c. 461, s. 22.)


 90-210.29A.  Identification of bodies before
burial or cremation.
     The funeral director or person otherwise responsible for the
final disposition of a dead body shall, prior to the interment or
entombment of the dead body, affix on the ankle or wrist of the
dead body, or, if cremated, on the inside of the vessel
containing the remains of the dead body, a tag of durable,
noncorroding material permanently marked with the name of the
deceased, the date of death, the social security number of the
deceased, the county and state of death, and the site of
interment or entombment. (1995, c. 312, s. 1.)

                                 ARTICLE 13B.
                       Funeral and Burial Trust Funds.

 90-210.30 through 90-210.37:  Repealed by 1991
(Regular Session, 1992), c. 901, s. 1, effective July 9, 1992.

                          ARTICLE 13C.
                           Cremations.
 90-210.40. Short title.
     This Article shall be known and may be cited as the North
Carolina Crematory Act. (1989 (Reg. Sess., 1990), c. 988.)


 90-210.41.  Definitions.
     As used in this Article, unless the context requires
otherwise:
          (1)     "Authorizing agent" means a person legally
entitled to order, or carry out the legal order for, the
cremation of human remains.  In the case of indigents or any
other individuals whose final disposition is the responsibility
of the State, a public official charged with arranging the final
disposition of the deceased, if legally authorized, may serve as
the authorizing agent. In the case of individuals whose death
occurred in a nursing home or other private institution, and in
which the institution is charged with making arrangements for the
final disposition of the deceased, a representative of the
institution, if legally authorized, may serve as the authorizing
agent.
          (2)     "Board" means the North Carolina State Board of
Mortuary Science.
          (3)     Repealed by Session Laws 1997-399, s. 16.
          (4)     "Closed container" means any container in which
cremated remains can be placed and closed in a manner so as to
prevent leakage or spillage of cremated remains or the entrance
of foreign material.
          (5)     "Cremated remains" means all human remains
recovered after the completion of the cremation process,
including pulverization which leaves only bone fragments reduced
to unidentifiable dimensions.
          (6)     "Cremation" means the technical process, using
heat, that reduces human remains to bone fragments.
          (7)     "Cremation chamber" means the enclosed space
within which the cremation process takes place. Cremation
chambers covered by this Article shall be used exclusively for
the cremation of human remains.
          (8)     "Cremation container" means the container in
which the human remains are placed in the cremation chamber for a
cremation.  A cremation container must meet all of the standards
established by the rules adopted by the Board.
          (9)     "Crematory" means the building or portion of a
building that houses the cremation chamber and that may house the
holding facility, business office or other part of the crematory
business. A crematory must comply with any applicable public
health laws and rules and must contain the equipment and meet all
of the standards established by the rules adopted by the Board.
          (10)     "Crematory authority" means the North Carolina
Crematory Authority.
          (11)     "Crematory operator" means the legal entity
which is licensed by the Board to operate a crematory and perform
cremations.
          (12)     Repealed by Session Laws 1997-399, s. 16.
          (13)     "Human remains" means the body of a deceased
person, including a human fetus, regardless of the length of
gestation, or part of a body that has been removed from a living
or deceased person.
          (14)     "Niche" means a compartment or cubicle for the
memorialization or permanent placement of an urn containing
cremated remains.
          (15)     through (17), Repealed by Session Laws 1997-
399, s. 16. (1989 (Reg. Sess., 1990), c. 988, s. 1; 1997-399, s.
16.)

 90-210.42. Crematory Authority
established.
     (a)  The North Carolina Crematory Authority is established
as a Committee within the Board.  The Crematory Authority shall
suggest rules to the Board for the carrying out and enforcement
of the provisions of this Article.
     (b)  The Crematory Authority shall initially consist of five
members appointed by the Governor and two members of the Board
appointed by the Board.  The Governor may consider a list of
recommendations from the Cremation Association of North Carolina.
     (c)  The initial terms of the members of the Crematory
Authority shall be staggered by the appointing authorities so
that the terms of three members (two of which shall be appointees
of the Governor) expire December 31, 1991, the terms of two
members (both of which shall be appointees of the Governor)
expire December 31, 1992, and the terms of the remaining two
members (one of which shall be an appointee of the Governor)
expire December 31, 1993.
     As the terms of the members appointed by the Governor
expire, their successors shall be elected from among a list of
nominees in an election conducted by the Board in which all
licensed crematory operators are eligible to vote.  The Board may
conduct the election for members of the Crematory Authority
simultaneously with the election for members of the Board or at
any other time.  The Board shall prescribe the procedures and
establish the time and date for nominations and elections to the
Crematory Authority.  A nominee who receives a majority of the
votes cast shall be declared elected.  The Board shall appoint
the successors to the two positions for which it makes initial
appointments pursuant to this section.
     The terms of the elected members of the Crematory Authority
shall be three years.  The terms of the members appointed by the
Board, including the members initially appointed pursuant to this
subsection, shall be coterminous with their terms on the Board.
Any vacancy occurring in an elective seat shall be filled for the
unexpired term by majority vote of the remaining members of the
Crematory Authority.  Any vacancy occurring in a seat appointed
by the Governor shall be filled by the Governor.  Any vacancy
occurring in a seat appointed by the Board shall be filled by the
Board.
     (d)  The members of the Crematory Authority shall receive
per diem and necessary travel and subsistence expenses in
accordance with the provisions of G.S. 93B-5 for all time
actually spent upon the business of the Crematory Authority.  All
expenses, salaries and per diem provided for in this Article
shall be paid from funds received under the provisions of this
Article and Article 13A and shall in no manner be an expense to
the State.
     (e)  The Crematory Authority shall select from its members a
chairman, a vice chairman and a secretary who shall serve for one
year or until their successors are elected and qualified.  No two
offices may be held by the same person.  The Crematory Authority,
with the concurrence of the Board, shall have the authority to
engage adequate staff as deemed necessary to perform its duties.
     (f)  The Crematory Authority shall hold at least one meeting
in each year.  In addition, the Crematory Authority may meet as
often as the proper and efficient discharge of its duties shall
require.  Five members shall constitute a quorum. (1989 (Reg.
Sess., 1990), c. 988.)


 90-210.43.  Licensing and inspection.
     (a)  Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership, joint
venture, voluntary organization or any other entity may erect,
maintain and conduct a crematory in this State and may provide
the necessary appliances and facilities for the cremation of
human remains, provided that such person has secured a license as
a crematory operator in accordance with the provisions of this
Article.
     (b)  A crematory may be constructed on or adjacent to any
cemetery, on or adjacent to any funeral establishment that is
zoned commercial or industrial, or at any other location
consistent with local zoning regulations.
     (c)  Application for a license as a crematory operator shall
be made on forms furnished and prescribed by the Board.  The
Board shall examine the premises and structure to be used as a
crematory and shall issue a renewable license to the crematory
operator if the applicant meets all the requirements and
standards of the Board and the requirements of this Article.
     (d)  Every application for licensure shall identify the
individual who is responsible for overseeing the management and
operation of the crematory.  The crematory operator shall keep
the Board informed at all times of the name and address of the
manager.
     (d1)  All licenses shall expire on the last day of December
of each year.  A license may be renewed without paying a late fee
on or before the first day of February immediately following
expiration. After that date, a license may be renewed by paying a
late fee as provided in G.S. 90-210.48 in addition to the annual
renewal fee.  Licenses that remain expired six months or more
require a new application for renewal.  Licenses are not
transferable.  A new application for a license shall be made to
the Board within 30 days following a change of ownership of more
than fifty percent (50%) of the business.
     (e)  No person, cemetery, funeral establishment,
corporation, partnership, joint venture, voluntary organization
or any other entity shall cremate any human remains, except in a
crematory licensed for this express purpose and under the
limitations provided in this Article, or unless otherwise
permitted by statute.
     (f)  Whenever the Board finds that an owner, partner,
manager, member, or officer of a crematory operator or an
applicant to become a crematory operator, or that any agent or
employee of a crematory operator or an applicant to become a
crematory operator, with the direct or implied permission of such
owner, partner, manager, member, or officer, has violated any
provision of this Article, or is guilty of any of the following
acts, and when the Board also finds that the crematory operator
or applicant has thereby become unfit to practice, the Board may
suspend, revoke, or refuse to issue or renew the license, in
accordance with the procedures of Chapter 150B:
          (1)     Conviction of a felony or a crime involving
fraud or moral turpitude.
          (2)     Fraud or misrepresentation in obtaining or
renewing a license or in the practice of cremation.
          (3)     False or misleading advertising.
          (4)     Gross immorality, including being under the
influence of alcohol or drugs while performing cremation
services.
          (5)     Using profane, indecent or obscene language in
the presence of a dead human body, and within the immediate
hearing of the family or relatives of a deceased, whose body has
not yet been cremated or otherwise disposed of.
          (6)     Violating or cooperating with others to violate
any of the provisions of this Article or of the rules of the
Board.
          (7)     Violation of any State law or municipal or
county ordinance or regulation affecting the handling, custody,
care or transportation of dead human bodies.
          (8)     Refusing to surrender promptly the custody of a
dead human body or cremated remains upon the express order of the
person lawfully entitled to the custody thereof, except as
provided in G.S. 90-210.47(e).
          (9)     Indecent exposure or exhibition of a dead human
body while in the custody or control of a licensee.
     In any case in which the Board is authorized to take any of
the actions permitted under this subsection, the Board may
instead accept an offer in compromise of the charges whereby the
accused shall pay to the Board a penalty of not more than one
thousand dollars ($1,000).
     (g)  The Board and Crematory Authority may hold hearings in
accordance with the provisions of this Article and Chapter 150B.
Any such hearing shall be conducted jointly by the Board and the
Crematory Authority.  The Board and the Crematory Authority shall
jointly constitute an "agency" under Article 3A of Chapter 150B
of the General Statutes with respect to proceedings initiated
pursuant to this Article.  The Board is empowered to regulate and
inspect crematories and crematory operators and to enforce as
provided by law the provisions of this Article and the rules
adopted hereunder.  Any crematory that, upon inspection, is found
not to meet any of the requirements of this Article shall pay a
reinspection fee to the Board for each additional inspection that
is made to ascertain whether the deficiency or other violation
has been corrected.
     In addition to the powers enumerated in Chapter 150B of the
General Statutes, the Board shall have the power to administer
oaths and issue subpoenas requiring the attendance of persons and
the production of papers and records before the Board in any
hearing, investigation or proceeding conducted by it or conducted
jointly with the Crematory Authority.  Members of the Board's
staff or the sheriff or other appropriate official of any county
of this State shall serve all notices, subpoenas and other papers
given to them by the President of the Board for service in the
same manner as process issued by any court of record.  Any person
who neglects or refuses to obey a subpoena issued by the Board
shall be guilty of a Class 1 misdemeanor. (1989 (Reg. Sess.,
1990), c. 988, s. 1; 1993, c. 539, s. 639; 1997-399, s. 17.)


 90-210.44.  Authorization and record
keeping.
     The Board shall establish requirements for record keeping,
authorizations, and cremation reports.  It shall be a violation
of this Article for any crematory operator to fail to comply with
the requirements. (1989 (Reg. Sess., 1990), c. 988, s. 1; 1997-
399, s. 18.)



 90-210.45.  Cremation procedures.
     (a)  No human body shall be cremated before the crematory
operator receives a death certificate signed by the attending
physician or an authorization for cremation signed by a medical
examiner.
     (b)  Human remains shall not be cremated within 24 hours
after the time of death, unless such death was a result of an
infectious, contagious or communicable and dangerous disease as
listed by the Commission of Health Services pursuant to G.S. 130A-
134, and unless such time requirement is waived in writing by the
medical examiner, county health director, or attending physician
where the death occurred.  In the event such death comes under
the jurisdiction of the medical examiner, the human remains shall
not be received by the crematory operator until authorization to
cremate has been received in writing from the medical examiner of
the county in which the death occurred.  In the event the
crematory operator is authorized to perform funerals as well as
cremation, this restriction on the receipt of human remains shall
not be applicable.
     (c)  No unauthorized person shall be permitted in the
crematory area while any human remains are in the crematory area
awaiting cremation, being cremated, or being removed from the
cremation chamber.  Relatives of the deceased, the authorizing
agent, medical examiners and law enforcement officers in the
execution of their duties shall be authorized to have access to
the holding facility and crematory facility.
     (c1)  Human remains shall be cremated only while enclosed in
a cremation container.
     (d)  The simultaneous cremation of the human remains of more
than one person within the same cremation chamber is forbidden.
     (d1)  Every crematory shall have a holding facility, within
or adjacent to the crematory, designated for the retention of
human remains prior to cremation.  The holding facility must
comply with any applicable public health laws and rules and must
meet all of the standards established pursuant to rules adopted
by the Board.
     (e)  Crematory operators shall comply with standards
established by the Board for the reduction and pulverization of
human remains by the cremation process. (1989 (Reg. Sess., 1990),
c. 988, s. 1; 1997-399, s. 19.)


 90-210.46.  Disposition of cremated
remains.
     (a)  The authorizing agent shall provide the person with
whom cremation arrangements are made with a signed statement
specifying the ultimate disposition of the cremated remains, if
known.  The crematory operator may store or retain cremated
remains as directed by the authorizing agent.  Records of
retention and disposition of cremated remains shall be kept by
the crematory operator pursuant to G.S. 90-210.44.
     (b)  The authorizing agent is responsible for the
disposition of the cremated remains.  If, after a period of 30
days from the date of cremation, the authorizing agent or his
representative has not specified the ultimate disposition or
claimed the cremated remains, the crematory operator or the
person in possession of the cremated remains may dispose of the
cremated remains only in a manner permitted in this section.  The
authorizing agent shall be responsible for reimbursing the
crematory operator for all reasonable expenses incurred in
disposing of the cremated remains pursuant to this section.  A
record of such disposition shall be made and kept by the person
making such disposition.  Upon disposing of cremated remains in
accordance with this section, the crematory operator or person in
possession of the cremated remains shall be discharged from any
legal obligation or liability concerning such cremated remains.
     (c)  In addition to the disposal of cremated remains in a
crypt, niche, grave, or scattering garden located in a dedicated
cemetery, or by scattering over uninhabited public land, the sea
or other public waterways pursuant to subsection (f) of this
section, cremated remains may be disposed of in any manner on the
private property of a consenting owner, upon direction of the
authorizing agent.  If cremated remains are to be disposed of by
the crematory operator on private property, other than dedicated
cemetery property, the authorizing agent shall provide the
crematory operator with the written consent of the property
owner.
     (d)  Except with the express written permission of the
authorizing agent no person may:
          (1)     Dispose of or scatter cremated remains in such
a manner or in such a location that the cremated remains are
commingled with those of another person.  This subdivision shall
not apply to the scattering of cremated remains at sea or by air
from individual closed containers or to the scattering of
cremated remains in an area located in a dedicated cemetery and
used exclusively for such purposes.
          (2)     Place cremated remains of more than one person
in the same closed container.  This subdivision shall not apply
to placing the cremated remains of members of the same family in
a common closed container designed for the cremated remains of
more than one person.
     (e)  Cremated remains shall be delivered by the crematory
operator to the individual specified by the authorizing agent on
the cremation authorization form.  The representative of the
crematory operator and the individual receiving the cremated
remains shall sign a receipt indicating the name of the deceased,
and the date, time, and place of the receipt.  After this
delivery, the cremated remains may be transported in any manner
in this State, without a permit, and disposed of in accordance
with the provisions of this Article.
     (f)  Cremated remains may be scattered over uninhabited
public land, a public waterway or sea, subject to health and
environmental standards, or on the private property of a
consenting owner pursuant to subsection (c) of this section. A
person may utilize a boat or airplane to perform such scattering.
Cremated remains shall be removed from their closed container
before they are scattered. (1989 (Reg. Sess., 1990), c. 988, s.
1; 1997-399, s. 20.)


 90-210.47.  Liability.
     (a)  Any person signing a cremation authorization form shall
be deemed to warrant the truthfulness of any facts set forth in
the cremation authorization form, including the identity of the
deceased whose remains are sought to be cremated and that
person's authority to order such cremation.
     (b)  A crematory operator shall have authority to cremate
human remains only upon the receipt of a cremation authorization
form signed by an authorizing agent.  There shall be no liability
of a crematory operator that cremates human remains pursuant to
such authorization, or that releases or disposes of the cremated
remains pursuant to such authorization.
     (c)  A crematory operator shall not be responsible or liable
for any valuables delivered to the crematory operator with human
remains.
     (d)  A crematory operator shall not be liable for refusing
to accept a body or to perform a cremation until it receives a
court order or other suitable confirmation that a dispute has
been settled if:
          (1)     It is aware of any dispute concerning the
cremation of human remains;
          (2)     It has a reasonable basis for questioning any
of the representations made by the authorizing agent; or
          (3)     For any other lawful reason.
     (e)  If a crematory operator is aware of any dispute
concerning the release or disposition of the cremated remains,
the crematory operator may refuse to release the cremated remains
until the dispute has been resolved or the crematory operator has
been provided with a court order authorizing the release or
disposition of the cremated remains.  A crematory operator shall
not be liable for refusing to release or dispose of cremated
remains in accordance with this subsection. (1989 (Reg. Sess.,
1990), c. 988, s. 1; 1997-399, s. 21.)


 90-210.48.  Fees.
     (a)  The Board may set and collect fees not to exceed the
following amounts from licensed crematory operators and
applicants:
          (1)  Licensee application fee           $400.00
          (2)  Annual renewal fee          150.00
          (3)  Late renewal penalty           75.00
          (4)  Re-inspection fee          100.00
          (5)  Per cremation fee.          10.00
          (6)  Late fee, per cremation.          10.00
          (7)  Late fee, cremation report          75.00 per
month.
     (b)  The funds collected pursuant to this Article shall
become part of the general fund of the Board.  The cost of the
maintenance of the Crematory Authority shall be deemed a general
expense of the Board.  The Board shall keep an accurate
accounting of all the receipts and expenditures made pursuant to
this Article and shall provide a current report of such to the
Crematory Authority biannually. (1989 (Reg. Sess., 1990), c. 988,
s. 1; 1997-399, s. 22.)

 90-210.49.  Crematory operator authority.
     (a)  A crematory operator may employ a licensed funeral
director for the purpose of arranging cremations with the general
public, transporting human remains to the crematory, and
processing all necessary paper work.  Nothing in this provision
may be construed to require a licensed funeral director to
perform any functions not otherwise required by law to be
performed by a licensed funeral director.
     (b)  A crematory operator may adopt reasonable rules
consistent with this Article for the management and operation of
a crematory.  Nothing in this subsection may be construed to
prevent a crematory operator from adopting rules which are more
stringent than the provisions of this Article.
     (c)  Nothing in this Article shall prohibit or require the
performance of cremations by crematory operators for or directly
with the public, or exclusively for or through licensed funeral
directors.
     (d)  Nothing in this Article may be construed to prohibit a
crematory operator from transporting human remains.
     (e)  Nothing in this Article may be construed to relieve the
holder of a license issued hereunder from obtaining any other
licenses or permits required by law. (1989 (Reg. Sess., 1990), c.
988.)


 90-210.50.  Rulemaking, applicability, violations,
and prohibitions of Article.
     (a)  The Board is authorized to adopt and promulgate such
rules for the carrying out and enforcement of the provisions of
this Article as may be necessary and as are consistent with the
laws of this State and of the United States.  The Board shall
adopt rules only after consideration of the Crematory Authority's
suggested rules pursuant to G.S. 90-210.42(a).  The Board may
perform such other acts and exercise such other powers and duties
as may be provided in this Article, in Article 13A of this
Chapter, and otherwise by law and as may be necessary to carry
out the powers herein conferred.
     (b)  The provisions of this Article shall not apply to the
cremation of human remains and medical waste performed by the
North Carolina Anatomical Commission, licensed hospitals and
medical schools, and the office of the Chief Medical Examiner
when the disposition of such human remains and medical waste is
the legal responsibility of said institutions.
     (c)  A violation of any of the provisions of this Article is
a Class 2 misdemeanor.
     (d)  No person, firm, or corporation may request or
authorize cremation or cremate a dead human body when he has
information indicating a crime or violence of any sort in
connection with the cause of death unless such information has
been conveyed to the State or county medical examiner and
permission from the State or county medical examiner to cremate
has thereafter been obtained. (1989 (Reg. Sess., 1990), c. 988;
1993, c. 539, s. 640; 1994, Ex. Sess., c. 24, s. 14(c).)


 90-210.60.  Definitions.
     As used in this Article, unless the context requires
otherwise:
          (1)     "Board" means the North Carolina Board of
Mortuary Science as created pursuant to Article 13A of Chapter 90
of the General Statutes;
          (2)     "Financial institution" means a bank, trust
company, savings bank, or savings and loan association authorized
by law to do business in this State;
          (3)     "Insurance company" means any corporation,
limited liability company, association, partnership, society,
order, individual or aggregation of individuals engaging in or
proposing or attempting to engage as principals in any kind of
insurance business, including the exchanging of reciprocal or
interinsurance contracts between individuals, partnerships, and
corporations;
          (4)     "Prearrangement insurance policy" means a life
insurance policy, annuity contract, or other insurance contract,
or any series of contracts or agreements in any form or manner,
issued by an insurance company authorized by law to do business
in this State, which, whether by assignment or otherwise, has for
a purpose the funding of a preneed funeral contract or an
insurance-funded funeral or burial prearrangement, the insured or
annuitant being the person for whose service the funds were paid;
          (5)     "Preneed funeral contract" means any contract,
agreement, or mutual understanding, or any series or combination
of contracts, agreements, or mutual understandings, whether
funded by trust deposits or prearrangement insurance policies, or
any combination thereof, which has for a purpose the furnishing
or performance of funeral services, or the furnishing or delivery
of personal property, merchandise, or services of any nature in
connection with the final disposition of a dead human body, to be
furnished or delivered at a time determinable by the death of the
person whose body is to be disposed of, but does not mean the
furnishing of a cemetery lot, crypt, niche, or mausoleum;
          (6)     "Preneed funeral contract beneficiary" means
the person upon whose death the preneed funeral contract will be
performed; this person may also be the purchaser of the preneed
funeral contract;
          (7)     "Preneed funeral funds" means all payments of
money made to any person, partnership, association, corporation,
or other entity upon any preneed funeral contract or any other
agreement, contract, or prearrangement insurance policy, or any
series or combination of preneed funeral contracts or any other
agreements, contracts, or prearrangement insurance policies, but
excluding the furnishing of cemetery lots, crypts, niches, and
mausoleums, which have for a purpose or which by operation
provide for the furnishing or performance of funeral or burial
services, or the furnishing or delivery of personal property,
merchandise, or services of any nature in connection with the
final disposition of a dead human body, to be furnished or
delivered at a time determinable by the death of the person whose
body is to be disposed of, or the providing of the proceeds of
any insurance policy for such use;
          (8)     "Preneed funeral planning" means offering to
sell or selling preneed funeral contracts, or making other
arrangements prior to death for the providing of funeral services
or merchandise;
          (9)     "Preneed licensee" means a funeral
establishment which has applied for and has been granted a
license to sell preneed funeral contracts under the Article. Such
license is also referred to in this Article as a "preneed funeral
establishment license." (1969, c. 187, s. 1; 1983, c. 657, s. 1;
1985, c. 12, s. 1; 1991 (Reg. Sess., 1992), c. 901, s. 2; 1993,
c. 553, s. 27; 1997-399, s. 23.)


 90-210.61.  Deposit or application of preneed
funeral funds.
     (a)  Preneed funeral funds are subject to the provisions of
this Article and shall be deposited or applied as follows:
          (1)     If the preneed funeral contract purchaser
chooses to fund the preneed funeral contract by a trust deposit
or deposits, the preneed licensee shall deposit all funds in an
insured account in a financial institution, in trust, in the
preneed licensee's name as trustee within five business days. The
preneed licensee, at the time of making the deposit as trustee,
shall furnish to the financial institution the name of each
preneed funeral contract purchaser and the amount of payment on
each for which the deposit is being made. The preneed licensee
may establish an individual trust fund for each preneed funeral
contract or a common trust fund for all preneed funeral
contracts. The trust accounts shall be carried in the name of the
preneed licensee as trustee, but accounting records shall be
maintained for each individual preneed funeral contract purchaser
showing the amounts deposited and invested, and interest,
dividends, increases, and accretions earned. Except as provided
in this Article, all interest, dividends, increases, or
accretions earned by the funds shall remain with the principal.
The trust fund may be charged with applicable taxes and for
reasonable charges paid by the trustee to itself or others for
the preparation of fiduciary tax returns. Penalties charged by a
financial institution for early withdrawals caused by a transfer
pursuant to G.S. 90-210.63 shall be paid by the preneed licensee.
Penalties charged as a result of other early withdrawals as
permitted by this Article shall be paid from the trust fund, and
the financial institution shall give the preneed funeral contract
purchaser prompt notice of these penalties.
          (2)     Notwithstanding any other provision of law, if
a preneed funeral contract is funded by a trust deposit or trust
deposits, a preneed licensee may retain, free of the trust, up to
ten percent (10%) of any payments made on a preneed funeral
contract, provided that the preneed licensee fully discloses in
writing in advance to the preneed funeral contract purchaser the
percentage of the payments to be retained. If there is no
substitution pursuant to G.S. 90-210.63(a), the preneed licensee
shall give credit for the amount retained upon the death of the
preneed funeral contract beneficiary and performance of the
preneed funeral contract.
          (3)     If the preneed funeral contract purchaser
chooses to fund the contract by a prearrangement insurance
policy, the preneed licensee shall apply all funds received for
this purpose to the purchase of the prearrangement insurance
policy within five business days. The preneed licensee shall
notify the insurance company of the name of each preneed funeral
contract purchaser and the amount of each payment when the
prearrangement insurance policy or policies are purchased.
     (b)  Except as provided by this Article or by the preneed
funeral contract, all payments made by the purchaser of a preneed
funeral contract or prearrangement insurance policy shall remain
trust funds within a financial institution or as paid insurance
premiums with an insurance company, as the case may be, until the
death of the preneed funeral contract beneficiary and until full
performance of the preneed funeral contract.
     (c)  Each preneed licensee may establish and maintain with a
financial institution of its choice, a preneed funeral fund
clearing account. Preneed funeral funds received by a preneed
licensee may be deposited and held in such an account until
disbursed by the preneed licensee to fund a preneed funeral
contract pursuant to subdivisions (a)(1) or (a)(3) of this
section. This account shall be used solely for the receipt and
disbursement of preneed funeral funds.
     (d)  Funds deposited in trust under a revocable standard
preneed funeral contract may, with the written permission of the
preneed funeral contract purchaser, be withdrawn by the trustee
and used to purchase a prearrangement insurance policy. Except as
provided in this subsection, no funds deposited in trust in a
financial institution pursuant to this Article shall be withdrawn
by the trustee to purchase a prearrangement insurance policy.
     (e)  Except as provided by G.S. 90-210.61(c), at no time
before making a deposit or purchasing a prearrangement insurance
policy may a preneed licensee, or its agents or employees,
deposit in its own account or the account of any other person any
monies coming into its hands for the purpose of purchasing
services, merchandise, or prearrangement insurance policies under
the provisions of this Article. (1969, c. 187, ss. 2, 4; 1981
(Reg. Sess., 1982), c. 1336, s. 1; 1983, c. 657, ss. 2, 4; 1985,
c. 12, ss. 1-3; 1987, c. 430, ss. 15, 16; c. 879, s. 6.2; 1989,
c. 485, s. 16; c. 738, s. 2; 1991 (Reg. Sess., 1992), c. 901, s.
2.)


 90-210.62.  Types of preneed funeral
contracts; forms.
     (a)  A preneed licensee may offer standard preneed funeral
contracts and inflation-proof preneed funeral contracts. A
standard preneed funeral contract applies the trust funds or
insurance proceeds to the purchase price of funeral services and
merchandise at the time of death of the contract beneficiary
without a guarantee against price increases. An inflation-proof
contract establishes a fixed price for funeral services and
merchandise without regard to price increases. Upon written
disclosure to the purchaser of a preneed funeral contract,
inflation-proof contracts may permit the preneed licensee to
retain all of the preneed funeral contract trust funds on
deposit, and all insurance proceeds, even those in excess of the
retail cost of goods and services provided, when the preneed
licensee has fully performed the preneed funeral contract.
Preneed funeral contracts may be revocable or irrevocable, at the
option of the preneed funeral contract purchaser.
     (b)  The Board shall approve all forms for preneed funeral
contracts. All contracts must be in writing, and no form shall be
used without prior approval of the Board. Any use or attempted
use of any oral preneed funeral contract or any written contract
in a form not approved by the Board shall be deemed a violation
of this Article. (1991 (Reg. Sess., 1992), c. 901, s. 2.)


 90-210.63.  Substitution of licensee.
     (a)  If the preneed funeral contract is irrevocable, the
preneed funeral contract purchaser, or after his death the
preneed funeral contract beneficiary or his legal representative,
upon written notice to the financial institution or insurance
company and the preneed licensee who is a party to the preneed
funeral contract, may direct the substitution of a different
funeral establishment to furnish funeral services and
merchandise.
          (1)     If the substitution is made after the death of
the preneed funeral contract beneficiary, a funeral establishment
providing any funeral services or merchandise need not be a
preneed licensee under this Article to receive payment for such
services or merchandise. The original contracting preneed
licensee shall be entitled to payment for any services or
merchandise provided pursuant to G.S. 90-210.65(d). If the
substitution is made before the death of the preneed funeral
contract beneficiary, the substitution must be to a preneed
licensee. If the preneed funeral contract is funded by a trust
deposit or deposits, the financial institution shall immediately
pay the funds held to the original contracting preneed licensee.
          (2)     The original contracting preneed licensee shall
immediately pay all funds received to the successor funeral
establishment designated. Regardless of whether the substitution
is made before or after the death of the preneed funeral contract
beneficiary, the original contracting preneed licensee shall not
be required to give credit for the amount retained pursuant to
G.S. 90-210.61(a)(2), except when there was a substitution under
G.S. 90-210.68(d1) and (e). Except when there was a substitution
under G.S. 90-210.68(d1) and (e), if the original contracting
preneed licensee did not retain any portion of payments made as
is permitted by G.S. 90-210.61(a)(2) then the preneed licensee
may retain up to ten percent (10%) of the funds received from the
financial institution. Upon making payments pursuant to this
subsection, the financial institution and the original
contracting preneed licensee shall be relieved from all further
contractual liability thereon.
          (3)     If the preneed funeral contract is funded by a
prearrangement insurance policy, the insurance company shall not
pay any of the funds until the death of the preneed funeral
contract beneficiary, and the insurance company shall pay the
funds in accordance with the terms of the policy.
     (b)  The person giving notice of the substitution of a
preneed licensee and the successor preneed licensee shall enter
into a new preneed funeral contract for the funds transferred,
and this Article shall apply, including the duty of the successor
preneed licensee to deposit all of the funds in a financial
institution if the death of the preneed funeral contract
beneficiary has not occurred. Nothing in this subsection shall be
construed to permit the use of the transferred funds to purchase
a prearrangement insurance policy, nor to permit an irrevocable
preneed funeral contract to be made revocable or to result in the
payment of any of the transferred funds to the preneed funeral
contract purchaser or to the preneed funeral contract beneficiary
or his estate, except as provided by G.S. 90-210.64(b). (1991
(Reg. Sess., 1992), c. 901, s. 2; 1993, c. 242, s. 1; 1997-399,
s. 24.)


 90-210.64.  Death of preneed funeral contract
beneficiary; disposition of funds.
     (a)  After the death of a preneed funeral contract
beneficiary and full performance of the preneed funeral contract
by the preneed licensee, the preneed licensee shall promptly
complete a certificate of performance or similar claim form and
present it to the financial institution that holds funds in trust
under G.S. 90-210.61(a)(1) or to the insurance company that
issued a preneed insurance policy pursuant to G.S. 90-
210.61(a)(3). Upon receipt of the certificate of performance or
similar claim form, the financial institution shall pay the trust
funds to the contracting preneed licensee and the insurance
company shall pay the insurance proceeds according to the terms
of the policy. Within 10 days after receiving payment, the
preneed licensee shall mail a copy of the certificate of
performance or other claim form to the Board.
     (b)  Unless otherwise specified in the preneed funeral
contract, the preneed licensee shall have no obligation to
deliver merchandise or perform any services for which payment in
full has not yet been deposited with a financial institution or
that will not be provided by the proceeds of a prearrangement
insurance policy. Any such amounts received which do not
constitute payment in full shall be refunded to the estate of the
deceased preneed funeral contract beneficiary or credited against
the cost of merchandise or services contracted for by a
representative of the deceased. Any balance remaining after
payment for the merchandise and services as set forth in the
preneed funeral contract shall be paid to the estate of the
preneed funeral contract beneficiary or the prearrangement
insurance policy beneficiary named to receive any such balance.
Provided, however, unless the parties agree to the contrary,
there shall be no refund to the estate of the preneed funeral
contract beneficiary of an inflation-proof preneed funeral
contract.
     (c)  In the event that any person other than the contracting
preneed licensee performs any funeral service or provides any
merchandise as a result of the death of the preneed funeral
contract beneficiary, the financial institution shall pay the
trust funds to the contracting preneed licensee and the insurance
company shall pay the insurance proceeds according to the terms
of the policy. The preneed licensee shall, subject to the
provisions of G.S. 90-210.65(d), immediately pay the monies so
received to the other provider.
     (d)  When the balance of a preneed funeral fund is payable
to the estate of a deceased preneed funeral contract beneficiary
and there has been no representative of the estate appointed, the
balance due may be paid into the office of the clerk of superior
court in the county where probate proceedings could be filed for
the deceased preneed funeral contract beneficiary. (1991 (Reg.
Sess., 1992), c. 901, s. 2; 1997-399, s. 25.)


 90-210.65.  Refund of preneed funeral
funds.
     (a)  Within 30 days of receipt of a written request from the
purchaser of a revocable preneed funeral contract who has trust
funds deposited with a financial institution pursuant to G.S. 90-
210.61(a), the financial institution shall refund to the preneed
funeral contract purchaser the entire amount held by the
financial institution.
     (b)  Within 30 days of receipt of a written notice of
cancellation of any prearrangement insurance policy purchased
pursuant to G.S. 90-210.61(a)(3), the issuing insurance company
shall pay such amounts to such person or persons as is provided
under the terms of the prearrangement insurance policy.
     (c)  After making refund pursuant to this section and giving
notice of the refund to the preneed licensee, the financial
institution or insurance company shall be relieved from all
further liability.
     (d)  Notwithstanding any other provision of this Article, if
a preneed funeral contract is revoked or transferred following
the death of the preneed funeral contract beneficiary, the
purchaser of the preneed funeral contract may be charged
according to the contracting preneed licensee's price lists for
any services performed or merchandise provided prior to
revocation or transfer.
     (e)  This section shall not apply to irrevocable preneed
funeral contracts. Irrevocable preneed funeral contracts may not
be revoked nor any proceeds refunded except by order of a court
of competent jurisdiction. (1969, c. 187, s. 3; 1981 (Reg. Sess.,
1982), c. 1336, s. 2; 1983, c. 657, s. 3; 1985, c. 12, ss. 1, 2;
1991 (Reg. Sess., 1992), c. 901, s. 2.)


 90-210.66.  Recovery fund.
     (a)  There is established the Preneed Recovery Fund. The
Fund shall be administered by the Board. The purpose of the Fund
is to reimburse purchasers of preneed funeral contracts who have
suffered financial loss as a result of the malfeasance,
misfeasance, default, failure or insolvency of any licensee under
this Article, and includes refunds due a preneed funeral contract
beneficiary from a preneed licensee who has retained any portion
of the preneed funeral contract payments pursuant to G.S. 90-
210.61(a)(2).
     (b)  From the fee for each preneed funeral contract as
required by G.S. 90-210.67(d), the Board shall deposit two
dollars ($2.00) into the Fund. The Board may suspend the deposits
into the Fund at any time and for any period for which the Board
determines that a sufficient amount is available to meet likely
disbursements and to maintain an adequate reserve.
     (c)  All sums received by the Board pursuant to this section
shall be held in a separate account known as the Preneed Recovery
Fund. Deposits to and disbursements from the Fund account shall
be subject to rules established by the Board.
     (d)  The Board shall adopt rules governing management of the
Fund, the presentation and processing of applications for
reimbursement, and subrogation or assignment of the rights of any
reimbursed applicant.
     (e)  The Board may expend monies in the Fund for the
following purposes:
          (1)     To make reimbursements on approved
applications;
          (2)     To purchase insurance to cover losses as deemed
appropriate by the Board and not inconsistent with the purposes
of the Fund;
          (3)     To invest such portions of the Fund as are not
currently needed to reimburse losses and maintain adequate
reserves, as are permitted to be made by fiduciaries under State
law; and
          (4)     To pay the expenses of the Board for
administering the Fund, including employment of legal counsel to
prosecute subrogation claims.
     (f)  Reimbursements from the Fund shall be made only to the
extent to which such losses are not bonded or otherwise covered,
protected or reimbursed and only after the applicant has complied
with all applicable rules of the Board.
     (g)  The Board shall investigate all applications made and
may reject or allow such claims in whole or in part to the extent
that monies are available in the Fund. The Board shall have
complete discretion to determine the order and manner of payment
of approved applications. All payments shall be a matter of
privilege and not of right, and no person shall have any right in
the Fund as a third-party beneficiary or otherwise. No attorney
may be compensated by the Board for prosecuting an application
for reimbursement.
     (h)  In the event reimbursement is made to an applicant
under this section, the Board shall be subrogated in the
reimbursed amount and may bring any action it deems advisable
against any person, including a preneed licensee. The Board may
enforce any claims it may have for restitution or otherwise and
may employ and compensate consultants, agents, legal counsel,
accountants and any other persons it deems appropriate.
     (i)  The Fund shall apply to losses arising after July 9,
1992, regardless of the date of the underlying preneed funeral
contract. (1991 (Reg. Sess., 1992), c. 901, s. 2; 1997-399, s.
26.)


 90-210.67.  Application for license.
     (a)  No person may offer or sell preneed funeral contracts
or offer to make or make any funded funeral prearrangements
without first securing a license from the Board. Notwithstanding
any other provision of law, any person who offers to sell or
sells a casket, to be furnished or delivered at a time
determinable by the death of the person whose body is to be
disposed of in the casket, shall first comply with the provisions
of this Article. There shall be two types of licenses: a preneed
funeral establishment license and a preneed sales license. Only
funeral establishments holding a valid establishment permit
pursuant to G.S. 90-210.25(d) shall be eligible for a preneed
funeral establishment license. Employees and agents of such
entities, upon meeting the qualifications to engage in preneed
funeral planning as established by the Board, shall be eligible
for a preneed sales license. The Board shall establish the
preneed funeral planning activities that are permitted under a
preneed sales license. The Board shall adopt rules establishing
such qualifications and activities no later than 12 months
following the ratification of this act [Session Laws 1991 (Reg.
Sess., 1992), c. 901, s. 2]. Preneed sales licensees may sell
preneed funeral contracts, prearrangement insurance policies, and
make funded funeral prearrangements only on behalf of one preneed
funeral establishment licensee; provided, however, they may sell
preneed funeral contracts, prearrangement insurance policies, and
make funeral prearrangements for any number of licensed preneed
funeral establishments that are wholly owned by or affiliated
with, through common ownership or contract, the same entity;
provided further, in the event they engage in selling
prearrangement insurance policies, they shall meet the licensing
requirements of the Commissioner of Insurance. Every preneed
funeral contract shall be signed by a person licensed as a
funeral director or funeral service licensee pursuant to Article
13A of Chapter 90 of the General Statutes.
     Application for a license shall be in writing, signed by the
applicant and duly verified on forms furnished by the Board. Each
application shall contain at least the following: the full names
and addresses (both residence and place of business) of the
applicant, and every partner, member, officer and director
thereof if the applicant is a partnership, limited liability
company, association, or corporation and any other information as
the Board shall deem necessary. A preneed funeral establishment
license shall be valid only at the address stated in the
application or at a new address approved by the Board.
     (b)  An application for a preneed funeral establishment
license shall be accompanied by a nonrefundable application fee
of not more than one hundred fifty dollars ($150.00). The Board
shall set the amounts of the application fees and renewal fees by
rule, but the fees shall not exceed one hundred fifty dollars
($150.00). If the license is granted, the application fee shall
be applied to the annual license fee for the first year or part
thereof. Upon receipt of the application and payment of the
application fee, the Board shall issue a renewable preneed
funeral establishment license unless it determines that the
applicant has violated any provision of G.S. 90-210.69(c) or has
made false statements or representations in the application, or
is insolvent, or has conducted or is about to conduct, its
business in a fraudulent manner, or is not duly authorized to
transact business in this State. The license shall expire on
December 31 and each preneed funeral establishment licensee shall
pay annually to the Board on or before that date a license
renewal fee of not more than one hundred fifty dollars ($150.00).
On or before the first day of February immediately following
expiration, a license may be renewed without paying a late fee.
After that date, a license may be renewed by paying a late fee of
not more than one hundred dollars ($100.00) in addition to the
annual renewal fee.
     (c)  An application for a preneed sales license shall be
accompanied by a nonrefundable application fee of not more than
fifty dollars ($50.00). The Board shall set the amounts of the
application fees and renewal fees by rule, but the fees shall not
exceed fifty dollars ($50.00). If the license is granted, the
application fee shall be applied to the annual license fee for
the first year or part thereof. Upon receipt of the application
and payment of the application fee, the Board shall issue a
renewable preneed sales license provided the applicant has met
the qualifications to engage in preneed funeral planning as
established by the Board unless it determines that the applicant
has violated any provision of G.S. 90-210.69(c). The license
shall expire on December 31 and each preneed sales licensee shall
pay annually to the Board on or before that date a license
renewal fee of not more than fifty dollars ($50.00). On or before
the first day of February, a license may be renewed without
paying a late fee. After that date, a license may be renewed by
paying a late fee of not more than twenty-five dollars ($25.00)
in addition to the annual renewal fee.
     (d)  Any person selling a preneed funeral contract, whether
funded by a trust deposit or a prearrangement insurance policy,
shall remit to the Board, within 10 days of the sale, a fee not
to exceed twenty dollars ($20.00) for each sale and a copy of
each contract. The person shall pay a late fee of not more than
twenty-five dollars ($25.00) for each late filing and payment.
The fees shall not be remitted in cash.
     (d1)  The Board may also set and collect a fee of not more
than twenty-five dollars ($25.00) for the late filing of a
certificate of performance and a fee of not more than one hundred
and fifty dollars ($150.00) for the late filing of an annual
report.
     (e)  The fees collected under this Article, except for
monies used pursuant to G.S. 90-210.66, shall be used for the
expenses of the Board in carrying out the provisions of this
Article. Any funds collected under this Article and remaining
with the Board after all expenses under this Article for the
current fiscal year have been fully provided for shall be paid
over to the General Fund of the State of North Carolina.
Provided, however, the Board shall have the right to maintain an
amount, the cumulative total of which shall not exceed twenty
percent (20%) of gross receipts under this Article for the
previous fiscal year of its operations, as a maximum contingency
or emergency fund.
     (f)  Any entity licensed by the Commissioner of Banks under
Article 13B of Chapter 90 of the General Statutes before July 9,
1992 shall be entitled to have its license renewed
notwithstanding that it is not a funeral establishment, provided
it otherwise satisfies the requirements of this Article. (1969,
c. 187, s. 5; 1981, c. 671, ss. 16, 17; 1983, c. 657, s. 4; 1985,
c. 12, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 901, s. 2; 1995
(Reg. Sess., 1996), c. 665, s. 1; 1997-399, s. 27.)


 90-210.68.  Licensee's books and records;
notice of transfers, assignments and terminations.
     (a)  Every preneed licensee shall keep for examination by
the Board accurate accounts, books, and records in this State of
all preneed funeral contract and prearrangement insurance policy
transactions, copies of all agreements, insurance policies,
instruments of assignment, the dates and amounts of payments made
and accepted thereon, the names and addresses of the contracting
parties, the persons for whose benefit funds are accepted, and
the names of the financial institutions holding preneed funeral
trust funds and insurance companies issuing prearrangement
insurance policies. The Board, its inspectors appointed pursuant
to G.S. 90-210.24 and its examiners, which the Board may appoint
to assist in the enforcement of this Article, may during normal
hours of operation and periods shortly before or after normal
hours of operation, investigate the books, records, and accounts
of any licensee under this Article with respect to trust funds,
preneed funeral contracts, and prearrangement insurance policies.
Any preneed licensee who, upon inspection, fails to meet the
requirements of this subsection or who fails to keep an
appointment for an inspection shall pay a reinspection fee to the
Board in an amount not to exceed one hundred dollars ($100.00).
The Board may require the attendance of and examine under oath
all persons whose testimony it may require. Every preneed
licensee shall submit a written report to the Board, at least
annually, in a manner and with such content as established by the
Board, of its preneed funeral contract sales and performance of
such contracts. The Board may also require other reports.
     (b)  A preneed licensee may transfer preneed funds held by
it as trustee from the financial institution which is a party to
a preneed funeral contract to a substitute financial institution
that is not a party to the contract. Within 10 days after the
transfer, the preneed licensee shall notify the Board, in
writing, of the name and address of the transferee financial
institution. Before the transfer may be made, the transferee
financial institution shall agree to make disclosures required
under the preneed funeral contract to the Board or its inspectors
or examiners. If the contract is revocable, the licensee shall
notify the contracting party of the intended transfer.
     (c)  If any preneed licensee transfers or assigns its assets
or stock to a successor funeral establishment or terminates its
business as a funeral establishment, the preneed licensee and
assignee shall notify the Board at least 15 days prior to the
effective date of the transfer, assignment or termination:
provided, however, the successor funeral establishment must be a
preneed licensee or shall be required to apply for and be granted
such license by the Board before accepting any preneed funeral
contracts, whether funded by trust deposits or preneed insurance
policies. Provided further, a successor funeral establishment
shall be liable to the preneed funeral contract purchasers for
the amount of contract payments retained by the assigning or
transferring funeral home pursuant to G.S. 90-210.61(a)(2).
     (d)  Financial institutions that accept preneed funeral
trust funds and insurance companies that issue prearrangement
insurance policies shall, upon request by the Board or its
inspectors or examiners, disclose any information regarding
preneed funeral trust accounts held or prearrangement insurance
policies issued by it for a preneed licensee.
     (d1)  When a preneed funeral establishment license lapses or
is terminated for any reason, the preneed licensee shall
immediately divest of all the unperformed preneed funeral
contracts and shall transfer them and any amounts retained under
G.S. 90-210.61(a)(2) to another preneed funeral establishment
licensee pursuant to the procedures of subsection (e) of this
section.
     (e)  In the event that any preneed licensee is unable or
unwilling or is for any reason relieved of its responsibility to
perform as trustee or to perform any preneed funeral contract,
the Board, with the written consent of the purchaser of the
preneed funeral contract, or after the purchaser's death or
incapacity, the preneed funeral contract beneficiary shall order
the contract and any amounts retained pursuant to G.S. 90-
210.61(a)(2) to be assigned to a substitute preneed licensee
provided that the substitute licensee agrees to accept such
assignment.
     (f)  The substitute preneed licensee under subsections (d1)
and (e) of this section shall be liable to the preneed funeral
contract purchasers for the amount of contract payments that had
been retained by, and that the substitute preneed licensee has
received from, the assigning preneed licensee. (1969, c. 187, s.
6; 1983, c. 657, ss. 4, 5; 1985, c. 12, s. 1; 1991 (Reg. Sess.,
1992), c. 901, s. 2; 1993, c. 164, s. 3; 1997-399, s. 28.)


 90-210.69.  Rulemaking; enforcement of
Article; judicial review.
     (a)  The Board is authorized to adopt rules for the carrying
out and enforcement of the provisions of this Article. The Board
may perform such other acts and exercise such other powers and
duties as are authorized by this Article and by Article 13A of
this Chapter to carry out its powers and duties.
     (b)  The Board may administer oaths and issue subpoenas
requiring the attendance of persons and the production of papers
and records in any investigation conducted by it. Members of the
Board's staff or the sheriff or other appropriate official of any
county of this State shall serve all notices, subpoenas and other
papers given to them by the Board for service in the same manner
as process issued by any court of record. Any person who does not
obey a subpoena issued by the Board shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined or
imprisoned in the discretion of the court.
     (c)  In accordance with the provisions of Chapter 150B of
the General Statutes, if the Board finds that a licensee, an
applicant for a license or an applicant for license renewal is
guilty of one or more of the following, the Board may refuse to
issue or renew a license or may suspend or revoke a license or
place the holder thereof on probation upon conditions set by the
Board, with revocation upon failure to comply with the
conditions:
          (1)     Offering to engage or engaging in activities
for which a license is required under this Article but without
having obtained such a license.
          (2)     Aiding or abetting an unlicensed person, firm,
partnership, association, corporation or other entity to offer to
engage or engage in such activities.
          (3)     A crime involving fraud or moral turpitude by
conviction thereof.
          (4)     Fraud or misrepresentation in obtaining or
receiving a license or in preneed funeral planning.
          (5)     False or misleading advertising.
          (6)     Violating or cooperating with others to violate
any provision of this Article, the rules and regulations of the
Board, adopted or the standards set forth in Funeral Industry
Practices, 16 C.F.R. 453 (1984), as amended from time to time.
     In any case in which the Board is authorized to take any of
the actions permitted under this subsection, the Board may
instead accept an offer in compromise of the charges whereby the
accused shall pay to the Board a penalty of not more than one
thousand dollars ($1,000).
     (d)  Any proceedings pertaining to or actions against a
funeral establishment under this Article may be in addition to
any proceedings or actions permitted by G.S. 90-210.25(d)(4). Any
proceedings pertaining to or actions against a person licensed
for funeral directing or funeral service may be in addition to
any proceedings or actions permitted by G.S. 90-210.25 (e)(1) and
(2).
     (e)  Judicial review shall be pursuant to Article 4 of
Chapter 150B of the General Statutes. (1969, c. 187, s. 7; 1983,
c. 657, s. 4; 1985, c. 12, s. 1; 1991 (Reg. Sess., 1992), c. 901,
s. 2; 1997-399, ss. 29, 30.)


 90-210.70.  Penalties.
     (a)  Anyone who embezzles or who fraudulently, or knowingly
and willfully misapplies, or in any manner converts preneed
funeral funds to his own use, or for the use of any partnership,
corporation, association, or entity for any purpose other than as
authorized by this Article; or anyone who takes, makes away with
or secretes, with intent to embezzle or fraudulently or knowingly
and willfully misapply or in any manner convert preneed funeral
funds for his own use or the use of any other person for any
purpose other than as authorized by this Article shall be guilty
of a felony. If the value of the preneed funeral funds is one
hundred thousand dollars ($100,000) or more, violation of this
section is a Class C felony. If the value of the preneed funeral
funds is less than one hundred thousand dollars ($100,000),
violation of this section is a Class H felony. Each such
embezzlement, conversion, or misapplication shall constitute a
separate offense and may be prosecuted individually. Upon
conviction, all licenses issued under this Article shall be
revoked.
     (b)  Any person who willfully violates any other provision
of this Article shall be guilty of a Class 1 misdemeanor. Each
such violation shall constitute a separate offense and may be
prosecuted individually.
     (c)  If a corporation or limited liability company embezzles
or fraudulently or knowingly and willfully misapplies or converts
preneed funeral funds as provided in subsection (a) hereof or
otherwise violates any provision of this Article, the officers,
directors, members, agents, or employees responsible for
committing the offense shall be fined or imprisoned as herein
provided.
     (d)  The Board shall have the power to investigate
violations of this section and shall deliver all evidence of
violations of subsection (a) of this section to the district
attorney in the county where the offense occurred. The Board
shall, with the fees collected under this Article, employ legal
counsel and other staff to monitor preneed trusts, investigate
complaints, audit preneed trusts, and be responsible for
delivering evidences to the district attorney when there is
evidence that a felony has been committed by a licensee. The
record of complaints, auditing, and enforcement shall be
presented in an annual report from the Board to the General
Assembly. (1969, c. 187, s. 8; 1985, c. 12, s. 1; 1991 (Reg.
Sess., 1992), c. 901, s. 2; 1993 (Reg. Sess., 1994), c. 767, s.
28; 1997-399, ss. 31, 32; 1997-443, s. 19.25(o).)


 90-210.71.  Nonregulation of insurance
sales.
     The provisions of this Article do not regulate the issuance
and sale of insurance policies, but apply only to the underlying
preneed funeral contracts. (1991 (Reg. Sess., 1992), c. 901, s.
2.)


 90-210.72.  Nonapplication to certain funeral
contracts.
     This Article does not apply to contracts for funeral
services or merchandise sold as preneed burial insurance policies
pursuant to Part 13 of Article 10 of Chapter 143B of the North
Carolina General Statutes or to replacements or conversions of
such policies pursuant to G.S. 143B-472.28. (1991 (Reg. Sess.,
1992), c. 901, s. 2.)


 90-210.73.  Not public record.
     The names and addresses of the purchasers and beneficiaries
of preneed funeral contracts filed with the Board shall not be
subject to Chapter 132 of the General Statutes. (1997-399, s.
33.)

                           ARTICLE 14.
                  Cadavers for Medical Schools.

 90-211:  Repealed by Session Laws 1973, c. 476,
s. 128.

90-212 to 90-216. Repealed by Session Laws 1975, c. 694,
s. 1.


                      ARTICLE 14A. 

            Bequest of Body or Part Thereof. 


90-216.1 to 90-216.5. Repealed by Session Laws 1969, c.
84, s. 2.


                      ARTICLE 14B. 

            Disposition of Unclaimed Bodies. 


90-216.6 to 90-216.11. Repealed by Session Laws 1983, c.
891, s. 3, effective January 1, 1984.


                      ARTICLE 14C. 

     Final Disposition or Transportation of Deceased 

       Migrant Farm Workers and Their Dependents. 


90-216.12. Repealed by Session Laws 1983, c. 891, s. 4,
effective January 1, 1984.
                       ARTICLE 15. 

                       Autopsies. 


90-217 to 90-220. Repealed by Session Laws 1983, c. 891,
s. 5, effective January 1, 1984.


                      ARTICLE 15A. 

              Uniform Anatomical Gift Act. 


90-220.1 to 90-220.11. Repealed by Session Laws 1983, c.
891, s. 6, effective January 1, 1984.


                      ARTICLE 15B. 

                      Blood Banks. 



 90-220.12.  Supervision of licensed physician
required; penalty for violation.
     It shall be unlawful for any person, firm or corporation to
engage in the selection of blood donors or in the collection,
storage, processing, or transfusion of human blood, except at the
direction or under the supervision of a physician licensed to
practice medicine in North Carolina.  Any person, firm or
corporation convicted of the violation of this section shall be
guilty of a Class 1 misdemeanor. (1971, c. 938; 1993, c. 539, s.
641; 1994, Ex. Sess., c. 24, s. 14(c).)

90-220.13. Selection of donors; due care required.
     In the selection of donors due care shall be exercised to
minimize the risks of transmission of agents that may cause
hepatitis or other diseases. (1971, c. 938.)

90-220.14. Inapplicability.
     Nothing in this Article shall be construed to affect the
provisions of G.S. 20-16.2 and G.S. 20-139.1. (1971, c. 938.)
                                
                       ARTICLE 16. 

                                
                   Dental Hygiene Act. 

                                

90-221. Definitions.
     (a) "Dental hygiene" as used in this Article shall mean the
performance of the following functions: Complete oral
prophylaxis, application of preventive agents to oral structures,
exposure and processing of radiographs, administration of
medicaments prescribed by a licensed dentist, preparation of
diagnostic aids, and written records of oral conditions for
interpretation by the dentist, together with such other and
further functions as may be permitted by rules and regulations of
the Board not inconsistent herewith.
     (b) "Dental hygienist" as used in this Article, shall mean
any person who is a graduate of a Board-accredited school of
dental hygiene, who has been licensed by the Board, and who
practices dental hygiene as prescribed by the Board.
     (c) "License" shall mean a certificate issued to any
applicant upon completion of requirements for admission to
practice dental hygiene.
     (d) "Renewal certificate" shall mean the annual certificate
of renewal of license to continue practice of dental hygiene in
the State of North Carolina.
     (e) "Board" shall mean "The North Carolina State Board of
Dental Examiners" created by Chapter 139, Public Laws of 1879,
and Chapter 178, Public Laws of 1915 as continued in existence by
G.S. 90-22.
     (f) "Supervision" as used in this Article shall mean that
acts are  deemed to be under the supervision of a licensed
dentist when performed in a locale where a licensed dentist is
physically present during the performance of such acts and such
acts are being performed pursuant to the dentist's order, control
and approval. (1945, c. 639, s. 1; 1971, c. 756, s. 1; 1981, c.
824, s. 1.)

90-222. Administration of Article.
     The Board is hereby vested with the authority and is charged
with the duty of administering the provisions of this Article.
(1945, c. 639, s. 2.)

 90-223.  Powers and duties of Board.
     (a) The Board is authorized and empowered to:
          (1)     Conduct examinations for licensure,
          (2)     Issue licenses and provisional licenses,
          (3)     Issue annual renewal certificates, and
          (4)     Renew expired licenses.
     (b) The Board shall have the authority to make or amend
rules and regulations not inconsistent with this Article
governing the practice of dental hygiene and the granting,
revocation and suspension of licenses and provisional licenses of
dental hygienists.
          (1)     Any rule promulgated or amended under this
Article shall be filed and distributed in accordance with the
provisions of Article 5 of Chapter 150B of the General Statutes
of North Carolina. A copy must be distributed to all licensed
dentists and all licensed dental hygienists within 30 days of
final approval by the Board.
          (2)     The Board shall issue every two years a
compilation or supplement of the Dental Hygiene Act and the Board
rules and regulations, and, upon written request therefor, a
directory of dental hygienists to each licensed dentist and
dental hygienist.
     (c) The Board shall keep on file in its office at all times
a complete record of the names, addresses, license numbers and
renewal certificate numbers of all persons entitled to practice
dental hygiene in this State.
     (d) The Board shall, in addition to any other requirements
for Board approval of a school or program of dental hygiene for
purposes of this Article, require that any school or program in
North Carolina develop and implement a procedure for advanced
placement of potentially qualified persons. This procedure shall
be designed to encourage and allow credit for any person who has
attained special capabilities in dental work through military
service, on-the-job training or working experience, or other
means not otherwise qualifying the person to be immediately
eligible for licensure. The procedure shall include these
elements: public announcement of the procedure, a method for
persons who have special capabilities through training or
experience to make application to the school or program for
advanced placement, personal counseling on obtaining advanced
placement, administration of specially prepared written and
clinical examinations for all parts of the curriculum otherwise
required for graduation, exemption from course requirements when
results of the examinations so indicate, and appropriate
modification of curriculum requirements, when necessary, to
facilitate individual advancement in education programs. The
procedure for advanced placement shall not be approved by the
Board unless it is fairly designed to facilitate the substitution
of military or civilian training and experience for regular
curricula, taking into account that the special nature of
military and certain civilian training and experience may be
equivalent without necessarily being identical to the courses of
the school or program. (1945, c. 639, s. 3; 1971, c. 756, s. 2;
1973, c. 871, s. 2; 1979, 2nd Sess., c. 1195, s. 14; 1987, c.
827, s. 1.)

90-224. Examination.
     (a) The applicant for licensure must be of good moral
character, have graduated from an accredited high school or hold
a high school equivalency certificate duly issued by a
governmental agency or unit authorized to issue the same, and be
a graduate of a program of dental hygiene in a school or college
approved by the Board.
     (b) The Board shall have the authority to establish in its
rules and regulations:
                                     (1) The form of application;
                           (2) The time and place of examination;
                                     (3) The type of examination;
    (4) The qualifications for passing the examination. (1945, c.
                                  639, s. 4; 1971, c. 756, s. 3.)

90-225. License issue and display.
     (a) The Board shall issue licenses to examinees who pass the
Board's examination.
     (b) The Board shall determine:
      (1) The method and time of notifying successful candidates,
                  (2) The time and form for issuing licenses, and
    (3) The place license must be displayed. (1945, c. 639, s. 5;
                                             1971, c. 756, s. 4.)


 90-225.1.  Continuing education courses required.
     All dental hygienists licensed under G.S. 90-225 shall be
required to attend Board-approved courses of study in subjects
relating to dental hygiene.  The Board shall have authority to
consider and approve courses, or providers of courses, to the end
that those attending will gain (i) information on existing and
new methods and procedures used by dental hygienists, (ii)
information leading to increased safety and competence in their
dealings with patients and supervising dentists, and (iii)
information on other matters, as they develop, that are of
continuing importance to the practice of dental hygiene as a part
of the practice of dentistry.  The Board shall determine the
number of hours of study within a particular period and the
nature of course work required.  Failure to comply with
continuing education requirements adopted under the authority of
this section shall be grounds for the Board to decline to issue a
renewal certificate under G.S. 90-227. (1993, c. 307, s. 3.)

90-226. Provisional license.
     (a) The North Carolina State Board of Dental Examiners
shall, subject to its rules and regulations, issue a provisional
license to practice dental hygiene to any person who is licensed
to practice dental hygiene anywhere in the United States, or in
any country, territory or other recognized jurisdiction, if the
Board shall determine that said licensing jurisdiction imposed
upon said person requirements for licensure no less exacting than
those imposed by this State. A provisional licensee may engage in
the practice of dental hygiene only in strict accordance with the
terms, conditions and limitations of her license and with the
rules and regulations of the Board pertaining to provisional
license.
     (b) A provisional license shall be valid until the date of
the announcement of the results of the next succeeding Board
examination of candidates for licensure to practice dental
hygiene in this State,  unless the same shall be earlier revoked
or suspended by the Board.
     (c) No person who has failed an examination conducted by the
North Carolina State Board of Dental Examiners shall be eligible
to receive a provisional license.
     (d) Any person desiring to secure a provisional license
shall make  application therefor in the manner and form
prescribed by the rules and regulations of the Board and shall
pay the fee prescribed in G.S.  90-232.
     (e) A provisional licensee shall be subject to those various
disciplinary measures and penalties set forth in G.S. 90-229 upon
a determination of the Board that said provisional licensee has
violated any of the terms or provisions of this Article. (1971,
c. 756, s. 5; 1975, c. 19, s. 5.)

90-227. Renewal certificates.
     (a) The Board shall issue annual renewal certificates to
licensed dental hygienists.
     (b) The Board shall have the authority to establish in its
rules and regulations:
            (1) The form of application for renewal certificates;
                  (2) The time the application must be submitted;
                        (3) The type of certificate to be issued;
                       (4) How the certificate must be displayed;
                            (5) The penalty for late application;
        (6) The automatic loss of license if applications are not
             submitted. (1945, c. 639, s. 6; 1971, c. 756, s. 6.)

90-228. Renewal of license.
     The Board shall have the authority to renew the license of a
dental hygienist who fails to obtain a renewal certificate for
any year provided she
               (1) Makes application for a renewal of license and
 (2) Meets the qualifications established by the Board. (1945, c.
                                  639, s. 7; 1971, c. 756, s. 7.)


 90-229.  Disciplinary measures.
     (a)  The North Carolina State Board of Dental Examiners
shall have the power and authority to (i) Refuse to issue a
license to practice dental hygiene; (ii) Refuse to issue a
certificate of renewal to practice dental hygiene; (iii) Revoke
or suspend a license to practice dental hygiene; (iv) Invoke such
other disciplinary measures, censure or probative terms against a
licensee as it deems proper; in any instance or instances in
which the Board is satisfied that such applicant or licensee:
          (1)     Has engaged in any act or acts of fraud, deceit
or misrepresentation in obtaining or attempting to obtain a
license or the renewal thereof;
          (2)     Has been convicted of any of the criminal
provisions of this  Article or has entered a plea of guilty or
nolo contendere to any charge or charges arising therefrom;
          (3)     Has been convicted of or entered a plea of
guilty or nolo contendere to any felony charge or to any
misdemeanor charge involving moral turpitude;
          (4)     Is a chronic or persistent user of intoxicants,
drugs or narcotics to the extent that the same impairs her
ability to  practice dental hygiene;
          (5)     Is incompetent in the practice of dental
hygiene;
          (6)     Has engaged in any act or practice violative of
any of the provisions of this Article or violative of any of the
rules and regulations promulgated and adopted by the Board, or
has  aided, abetted or assisted any other person or entity in the
violation of the same;
          (7)     Has practiced any fraud, deceit or
misrepresentation upon the public or upon any individual in an
effort to acquire or retain any patient or patients;
          (8)     Has made fraudulent or misleading statements
pertaining to her skill, knowledge, or method of treatment or
practice;
          (9)     Has committed any fraudulent or misleading acts
in the practice of dental hygiene;
          (10)     Has, in the practice of dental hygiene,
committed an act or  acts constituting malpractice;
          (11)     Has employed a person not licensed in this
State to do or perform any act or service, or has aided, abetted
or assisted any such unlicensed person to do or perform any act
or service which cannot lawfully be done or performed by such
person;
          (12)     Has engaged in any unprofessional conduct as
the same may be from time to time, defined by the rules and
regulations of the Board;
          (13)     Is mentally, emotionally, or physically unfit
to practice dental hygiene or is afflicted with such a physical
or mental disability as to be deemed dangerous to the health and
welfare of patients. An adjudication of mental incompetency in a
court of competent jurisdiction or a determination thereof by
other lawful means shall be conclusive proof of unfitness to
practice dental hygiene unless or until such person shall have
been subsequently lawfully declared to be mentally competent.
     (b) As used in this section the term "licensee" includes
licensees and provisional licensees and the term "license"
includes licenses and provisional licenses. (1945, c. 639, s. 8;
1971, c. 756, s. 8; 1997-456, s. 27.)

90-230. Certificate upon transfer to another state.
     Any dental hygienist duly licensed by the North Carolina
State Board of Dental Examiners, desiring to move from North
Carolina  to another state, territory or foreign country, if a
holder of a certificate of renewal of license from said Board,
upon application to said Board and the payment to it of the fee
in this Article provided, shall be issued a certificate showing
her full name and address, the date of license originally issued
to her, the date and number of her renewal of license, and
whether any charges have been filed with the Board against her.
The Board may provide forms for such certificate, requiring such
additional information as it may determine proper. (1971, c. 756,
s. 10.)

 90-231.  Opportunity for licensee or applicant
to have hearing.
     (a) With the exception of applicants for reinstatement after
revocation, every applicant for a license or provisional license
to practice dental hygiene or licensee or provisional licensee to
practice dental hygiene shall after notice have an opportunity to
be heard before the North Carolina State Board of Dental
Examiners shall take any action the effect of which would be:
          (1)     To deny permission to take an examination for
licensing for which application has been duly made; or
          (2)     To deny a license after examination for any
cause other than failure to pass an examination; or
          (3)     To withhold the renewal of a license for any
cause other than failure to pay a statutory renewal fee; or
          (4)     To suspend a license; or
          (5)     To revoke a license; or
          (6)     To revoke or suspend a provisional license; or
          (7)     To invoke any other disciplinary measures,
censure or probative terms against a licensee or provisional
licensee,
such proceedings to be conducted in accordance with the
provisions of Chapter 150B of the General Statutes of North
Carolina.
     (b) In lieu of or as a part of such hearing and subsequent
proceedings the Board is authorized and empowered to enter any
consent order relative to the discipline, censure, or probation
of a licensee, provisional licensee or an applicant for a license
or provisional license, or relative to the revocation or
suspension of a license or provisional license.
     (c) Following the service of the notice of hearing as
required by Chapter 150B of the General Statutes, the Board and
the person upon whom such notice is served shall have the right
to conduct adverse examinations, take depositions, and engage in
such further discovery proceedings as are permitted by the laws
of this State in civil matters. The Board is hereby authorized
and empowered to issue such orders, commissions, notices,
subpoenas, or other process as might be necessary or proper to
effect the purposes of this subsection; provided, however, that
no member of the Board shall be subject to examination hereunder.
(1945, c. 639, s. 10; 1967, c. 489, s. 1; 1971, c. 756, s. 11;
1973, c. 1331, s. 3; 1987, c. 827, s. 1.)

 90-232. Fees.

     In order to provide the means of carrying out and enforcing
the provisions of this Article and the duties devolving upon the
North Carolina State Board of Dental Examiners, it is authorized
to charge and collect fees established by its rules and
regulations not exceeding the following:

          (1)     Each applicant for examination          $125.00
    (2)     Each renewal certificate, which fee shall be annually
fixed by the Board and not later than November 30 of each year it
    shall give written notice of the amount of the renewal fee to
      each dental hygienist licensed to practice in this State by
 mailing such notice to the last address of record with the Board
                  of each such dental hygienist             60.00
            (3)     Each restoration of license             60.00
               (4)     Each provisional license             60.00
         (5)     Each certificate of license to a resident dental
       hygienist desiring to change to another state or territory
                                                           25.00.

All fees shall be payable in advance to the Board and shall be
disposed of by the Board in the discharge of its duties under
this Article. (1945, c. 639, s. 11; 1965, c. 163, s. 7; 1967, c.
489, s. 2; 1971, c. 756, s. 12; 1987, c. 555, s. 2.)


 90-233.  Practice of dental hygiene.
     (a)  A dental hygienist may practice only under the
supervision of one or more licensed dentists. Provided, however,
that this subsection (a) shall be deemed to be complied with in
the case of dental hygienists employed by the Department of
Health and Human Services and especially trained by said
Department as public health hygienists while performing their
duties in the public schools under the direction of a duly
licensed dentist.
     (b)  A dentist in private practice may not employ more than
two dental hygienists at one and the same time who are employed
in clinical dental hygiene positions.
     (c)  Dental hygiene may be practiced only by the holder of a
license or provisional license currently in effect and duly
issued by the Board. The following acts, practices, functions or
operations, however, shall not constitute the practice of dental
hygiene within the meaning of this Article:
          (1)     The teaching of dental hygiene in a school or
college approved by the Board in a board-approved program by an
individual licensed as a dental hygienist in any state in the
United States.
          (2)     Activity which would otherwise be considered
the practice of dental hygiene performed by students enrolled in
a school or college approved by the Board in a board-approved
dental hygiene program under the direct supervision of a dental
hygienist or a dentist duly licensed in North Carolina or
qualified for the teaching of dentistry pursuant to the
provisions of G.S. 90-29(c)(3), acting as an instructor.
          (3)     Any act or acts performed by an assistant to a
dentist licensed to practice in this State when said act or acts
are authorized and permitted by and performed in accordance with
rules and regulations promulgated by the Board.
          (4)     Dental assisting and related functions as a
part of their instructions by students enrolled in a course in
dental assisting conducted in this State and approved by the
Board, when such functions are performed under the supervision of
a dentist acting as a teacher or instructor who is either duly
licensed in North Carolina or qualified for the teaching of
dentistry pursuant to the provisions of G.S. 90-29(c)(3). (1945,
c. 639, s. 12; 1971, c. 756, s. 13; 1973, c. 476, s. 128; 1981,
c. 824, ss. 2, 3; 1989, c. 727, s. 219(6a); 1997-443, s. 11A.23.)


 90-233.1.  Violation a misdemeanor.
     Any person who shall violate, or aid or abet another in
violating, any of the provisions of this Article shall be guilty
of a Class 1 misdemeanor. (1945, c. 639, s. 13; 1971, c. 756, s.
14; 1993, c. 539, s. 642; 1994, Ex. Sess., c. 24, s. 14(c).)

                           ARTICLE 17.
                      Dispensing Opticians.
 90-234.  Necessity for certificate of
registration.
     On and after the first day of July, 1951, no person or
combination of persons shall for pay, or reward, either directly
or indirectly, practice as a dispensing optician as hereinafter
defined in the State of North Carolina without a certificate of
registration issued pursuant to the provisions of this Article by
the North Carolina State Board of Opticians hereinafter
established. (1951, c. 1089, s. 1.)

90-235. Definition.
     Within the meaning of the provisions of this Article, the
term "dispensing optician" defines one who prepares and dispenses
lenses, spectacles, eyeglasses and/or appurtenances thereto to
the intended wearers thereof on written prescriptions from
physicians or optometrists duly licensed to practice their
professions, and in accordance with such prescriptions
interprets, measures, adapts, fits and adjusts such lenses,
spectacles, eyeglasses and/or appurtenances thereto to the human
face for the aid or correction of visual or ocular anomalies of
the human eye. The services and appliances related to ophthalmic
dispensing shall be dispensed, furnished or supplied to  the
intended wearer or user thereof only upon prescription issued by
a physician or an optometrist; but duplications, replacements,
reproductions or repetitions may be done without prescription, in
which event any such act shall be construed to be ophthalmic
dispensing, the same as if performed on the basis of a written
prescription. (1951, c. 1089, s. 2.)

90-236. What constitutes practicing as a dispensing
optician.
     Any one or combination of the following practices when done
for pay or reward shall constitute practicing as a dispensing
optician: Interpreting prescriptions issued by licensed
physicians and/or optometrists; fitting glasses on the face;
servicing glasses or spectacles; measuring of patient's face,
fitting frames, compounding and fabricating lenses and frames,
and any therapeutic device used or employed in the correction of
vision, and alignment of frames to the face of the wearer,
provided, however, that the provisions of this section shall not
apply to students and apprentices. (1951, c. 1089, s. 3; 1977, c.
755, s. 1.)

90-236.1. Requirements for filling contact lens
prescriptions.
     No person, firm or corporation licensed or registered under
this Article shall fill a prescription or dispense lenses, other
than  spectacle lenses, unless the prescription specifically
states on its face that the prescriber intends it to be for
contact lenses and includes the type and specifications of the
contact lenses being prescribed. No person, firm or corporation
licensed under this Article shall fill a prescription beyond the
expiration date stated on the face thereof.
     Any person, firm or corporation that dispenses contact
lenses on the prescription of a practitioner licensed under
Articles 1 or 6 of this Chapter shall, at the time of delivery of
the lenses, inform the  recipient both orally and in writing that
he return to the prescriber for insertion of the lens,
instruction on lens insertion and care, and to ascertain the
accuracy and suitability of the prescribed lens. The  statement
shall also state that if the recipient does not return to the
prescriber after delivery of the lens for the purposes stated
above, the prescriber shall not be responsible for any damages or
injury resulting from the prescribed lens, except that this
sentence does not apply if the dispenser and the prescriber are
the same person.
     Prescriptions filled pursuant to this section shall be kept
on file by the prescriber and the person filling the prescription
for at least 24 months after the prescription is filled.
     Any person, firm or corporation dispensing, furnishing or
supplying contact lenses in interstate commerce or at retail to
recipients in this State, other than a practitioner licensed
under Article 1 or Article 6 of this Chapter, is deemed a
"dispensing optician" under G.S. 90-235 and is subject to the
provisions of this Article. (1981, c. 600, s. 1; 1985, c. 748.)


 90-237.  Qualifications for dispensing
opticians.
     In order to be issued a license as a registered licensed
optician by the North Carolina State Board of Opticians, the
applicant:
          (1)     Shall not have violated this Article or the
rules of the Board.
          (2)     Shall be at least 18 years of age and a high
school graduate or equivalent.
          (2a)     Shall be of good moral character.
          (3)     Shall have passed an examination conducted by
the Board to determine his or her fitness to engage in the
business of a dispensing optician.
          (4)     Shall have completed a six-month internship by
working full time under the supervision of a licensed optician,
optometrist, or physician trained in ophthalmology, in order to
demonstrate proficiency in the areas of measurement of the face,
and fitting and adjusting glasses and frames to the face, lens
recognition, lens design, and prescription interpretation. (1951,
c. 1089, s. 4; 1977, c. 755, s. 2; 1981, c. 600, s. 2; 1997-424,
s. 1.)


 90-238.  North Carolina State Board of
Opticians created; appointment and qualification of members.
     The North Carolina State Board of Opticians is created. The
Board's duty is to carry out the purposes and enforce the
provisions of this Article. The Board shall consist of seven
members appointed by the Governor as follows:
          (1)     Five licensed dispensing opticians, each of
whom shall serve three-year terms;
          (2)     Two residents of North Carolina who are not
licensed as dispensing opticians, physicians, or optometrists,
who shall serve three-year terms.
     Each member of the Board shall serve until the member's
successor is appointed and qualifies. No person shall serve on
this Board for more than two complete consecutive terms. Before
beginning office, each member of the Board shall take all oaths
prescribed for other State officers in the manner provided by
law, which oaths shall be filed in the office of the Secretary of
State. The Governor may remove any member of the Board for good
cause shown, may appoint members to fill unexpired terms, and
must make optician appointments from a list of three nominees for
each vacancy submitted by the Board as a result of an election
conducted by the Board each year and open to all licensees.
(1951, c. 1089, s. 5; 1979, c. 533; 1981, c. 600, s. 3; 1997-424,
s. 7.)

90-239. Organization, meetings and powers of Board.
     Within 30 days after appointment of the Board, the Board
shall hold its first regular meeting, and at said meeting and
annually thereafter shall choose from among its members a
chairman, vice- chairman, a secretary and a treasurer. The Board
may combine the offices of secretary and treasurer. The Board
shall make such rules and regulations not inconsistent with the
law as may be necessary to the proper performance of its duties,
may employ agents to carry out the purposes of this Article, and
each member may administer oaths and take testimony concerning
any matter within the jurisdiction of the Board, and a majority
of the Board shall constitute a quorum. The Board shall meet at
least once a year, the time and place of meeting to be designated
by the chairman. Special meetings may be called by the chairman
or upon request of three members. The secretary of the Board
shall keep a full and complete record of its proceedings, which
shall at all reasonable times be open to public inspection.
(1951, c. 1089, s. 6; 1981, c. 600, ss. 4-7.)

90-240. Examination.
     (a) Applicants to take the examination for dispensing
opticians shall be high school graduates or the equivalent who:
 (1) Have successfully completed a two-year course of training in
  an accredited school of opticianry with a minimum of 1600 hours
                                                               or
    (2) Have completed three and one-half years of apprenticeship
      while registered with the Board under a licensed dispensing
     optician, with time spent in a recognized school credited as
                             part of the apprenticeship period or
    (3) Have completed three and one-half years of apprenticeship
  while registered with the Board under the direct supervision of
     an optometrist or a physician specializing in ophthalmology,
      provided the supervising optometrist or physician elects to
operate the apprenticeship under the same requirements applicable
                                         to dispensing opticians.
     (b) The examination shall be confined to such knowledge as
is reasonably necessary to engage in preparation and dispensing
of optical devices and shall include the following:
              (1) The skills necessary for the proper analysis of
                                                   prescriptions;
    (2) The skills necessary for the dispensing of eyeglasses and
                                              contact lenses; and
    (3) The processes by which the products offered by dispensing
                                      opticians are manufactured.
     (c) The examination shall be given at least twice each year
at sites and on dates that are publicly announced 60 days in
advance.
     (d) Each applicant shall, upon request, receive his or her
examination score on each section of the examination.
     (e) The Board may include as part or all of the examination,
any nationally prepared and recognized examination, and will
periodically review and validate any exam in use by the Board.
The Board will credit an applicant with the score on any national
test taken in the last three years to the extent such test may be
included in the North Carolina exam.
     (f) An applicant for admission on the basis of
apprenticeship shall have worked full time under the supervision
of a licensed dispensing optician, optometrist or physician
trained in ophthalmology. An apprentice shall have obtained
experience in ophthalmic fabricating and manufacturing techniques
and processes for no less than six months and shall have gained
experience in the other activities defined as dispensing herein.
(1951, c. 1089, s. 7; 1977, c. 755, s. 3; 1981, c. 600, s. 8.)


 90-241.  Waiver of written examination
requirements.
     (a)  The Board shall grant a license without examination to
any applicant who:
          (1)     Is at least 18 years of age.
          (2)     Is of good moral character.
          (3)     Holds a license in good standing as a
dispensing optician in another state.
          (4)     Has engaged in the practice of opticianry in
the other state for four years immediately preceding the
application to the Board.
          (5)     Has not violated this Article or the rules of
the Board.
     (b)  The Board shall grant admission to the next examination
and grant license upon attainment of a passing score on the
examination to a person who has worked, in a state that does not
license opticians, in opticianry for four years immediately
preceding the application to the Board performing tasks and
taking the curriculum equivalent to the North Carolina
apprenticeship, and who meets the requirements of G.S. 90-237(1)
through (3).
     (c)  Any person desiring to secure a license under this
section shall make application therefor in the manner and form
prescribed by the rules of the Board and shall pay the fee
prescribed in G.S. 90-246.
     (d)  Repealed by Session Laws 1997-424, s. 2. (1951, c.
1089, s. 8; 1977, c. 755, s. 4; 1979, c. 166, ss. 2, 3; 1981, c.
600, s. 9; 1997-424, s. 2.)

90-242. Repealed by Session Laws 1981, c. 600, s. 10.

90-243. Registration of places of business, apprentices.
     The Board may adopt rules requiring, as a condition of
dispensing, the registration of places of business where
ophthalmic dispensing is engaged in, and for registration of
apprentices and interns who are working under direct supervision
of a licensed optician. The Board may also require that any
information furnished to it as required by law or regulation be
furnished under oath. (1951, c. 1089, s. 10; 1967, c. 691, s. 49;
1979, c. 166, s. 1; 1981, c. 600, s. 11.)


 90-244.  Display, use, and renewal of license
of registration.
     (a)  Every person to whom a license has been granted under
this Article shall display the same in a conspicuous part of the
office or establishment wherein he is engaged as a dispensing
optician. The Board may adopt regulations concerning the display
of registrations of places of business and of apprentices and
interns.
     (b)  A license issued by the Board automatically expires on
the first day of January of each year. A license shall be
reinstated without penalty from January 1 through January 15
immediately following expiration. After January 15, a license
shall be reinstated by payment of the renewal fee and a penalty
of fifty dollars ($50.00). Licenses that remain expired two years
or more shall not be reinstated. (1951, c. 1098, s. 11; 1981, c.
600, s. 12; 1997-424, s. 3.)

90-245. Collection of fees.
     The secretary to the Board is hereby authorized and
empowered to collect in the name and on behalf of this Board the
fees prescribed by this Article and shall turn over to the State
Treasurer all funds collected or received under this Article,
which funds shall be credited to the North Carolina State Board
of Opticians, and said funds shall be held and expended under the
supervision of the Director of the Budget of the State of North
Carolina exclusively for the administration and enforcement of
the provisions of this Article. Nothing in this Article shall be
construed to authorize any expenditure in excess of the amount
available from time to time in the hands of the State Treasurer
derived from the fees collected under the provisions of this
Article and received by the State Treasurer in the  manner
aforesaid. (1951, c. 1089, s. 12; 1981, c. 884, s. 9.)


 90-246.  Fees.
     In order to provide the means of administering and enforcing
the provisions of this Article and the other duties of the North
Carolina State Board of Opticians, the Board is hereby authorized
to charge and collect fees established by its rules not to exceed
the following:
     (1)     Each examination     $200.00
     (2)     Each initial license     $ 50.00
     (3)     Each renewal of license     $100.00
     (4)     Each license issued to a practitioner of another
          state to practice in this State     $200.00
     (5)     Each registration of an optical place of business
$ 50.00
     (6)     Each application for registration as an opticianry
          apprentice or intern, and renewals thereof     $ 25.00
     (7)     Repealed by Session Laws 1997-424, s. 4.
     (8)     Each registration of a training establishment     $
25.00
     (9)     Each license verification     $ 10.00.
(1951, c. 1089, s. 13; 1977, c. 755, s. 5; 1981, c. 600, s. 13;
1989, c. 673, s. 1; 1997-424, s. 4.)

90-247. Repealed by Session Laws 1981, c. 600, s. 14.

90-248. Compensation and expenses of Board members and
secretary.
     Each member of the Board shall receive for his or her
services for time actually in attendance upon Board meetings and
affairs of the Board only, the amount of per diem provided by
G.S. 138- 5 and shall be reimbursed for subsistence, mileage and
necessary expenses incurred in the discharge of such duties at
the same rates as set forth in G.S. 138-6 and G.S. 138-7. (1951,
c. 1089, s. 15; 1953, c. 894; 1965, c. 730; 1969, c. 445, s. 6;
1981, c. 600, s. 15.)


 90-249.  Powers of the Board.
     (a)  The Board shall have the power to make rules, not
inconsistent with this Article and the laws of the State of North
Carolina, with respect to the following areas of the business of
opticianry in North Carolina:
          (1)     Misrepresentation to the public.
          (2)     Baiting or deceptive advertising.
          (3)     Continuing education of licensees.
          (4)     Location of registrants in the State.
          (5)     Registration of established optical places of
business, but no rule restricting type or location of a business
may be enacted.
          (6)     Requiring photographs for purposes of
identification of persons subject to this Article.
          (7)     Content of licensure examination and
reexamination.
          (8)     Revocation, suspension, and reinstatement of
licenses, probation, and reprimands of licensees, and other
penalties.
          (9)     Fees within the limits of G.S. 90-246.
          (10)     Accreditation of schools of opticianry.
          (11)     Registration and training of apprentices and
interns.
          (12)     Licenses and examinations pursuant to G.S. 90-
241.
     (b)  through (d) Repealed by Session Laws 1997-424, s. 5.
(1951, c. 1089, s. 16; 1953, c. 1041, s. 19; 1973, c. 1331, s. 3;
1977, c. 755, s. 6; 1981, c. 600, s. 16; 1987, c. 827, s. 1; 1997-
424, s. 5.)


 90-249.1.  Disciplinary actions.
     (a)  The Board may suspend, revoke, or refuse to issue,
renew, or reinstate any license for any of the following:
          (1)     Offering to practice or practicing as a
dispensing optician without a license.
          (2)     Aiding or abetting an unlicensed person in
offering to practice or practicing as a dispensing optician.
          (3)     Selling, transferring, or assigning a license.
          (4)     Engaging in fraud or misrepresentation to
obtain or renew a license.
          (5)     Engaging in false or misleading advertising.
          (6)     Advertising in any manner that conveys or
intends to convey the impression that eyes are examined by
persons licensed under this Article or optical places of business
registered under this Article.
          (7)     Engaging in malpractice, unethical conduct,
fraud, deceit, gross negligence, incompetence, or gross
misconduct.
          (8)     Being convicted of a crime involving fraud or
moral turpitude.
          (9)     Violating any provision of this Article or the
rules adopted by the Board.
     (b)  In addition or as an alternative to taking any of the
actions permitted in subsection (a) of this section, the Board
may assess a licensee a civil penalty of not more than one
thousand dollars ($1,000) for the violation of any section of
this Article. In any case in which the Board is authorized to
take any of the actions permitted in subsection (a) of this
section, the Board may instead accept an offer in compromise of
the charges whereby the accused licensee shall pay to the Board a
civil penalty of not more than one thousand dollars ($1,000). All
civil penalties collected by the Board shall be remitted to the
school fund of the county in which the violation occurred.
     (c)  In determining the amount of a civil penalty, the Board
may consider:
          (1)     The degree and extent of harm caused by the
violation to public health and safety or the potential for harm.
          (2)     The duration and gravity of the violation.
          (3)     Whether the violation was willful or reflects a
continuing pattern.
          (4)     Whether the violation involved elements of
fraud or deception.
          (5)     Prior disciplinary actions against the
licensee.
          (6)     Whether and to what extent the licensee
profited from the violation.
     (d)  Any person, including the Board and its staff, may file
a complaint with the Board alleging that a licensee committed
acts in violation of subsection (a) of this section. The Board
may, without holding a hearing, dismiss the complaint as
unfounded or trivial. Any hearings held pursuant to this section
shall be conducted in accordance with Chapter 150B of the General
Statutes. (1997-424, s. 6.)

90-250. Sale of optical glasses.
     No optical glass or other kindred products or instruments of
vision shall be dispensed, ground or assembled in connection with
a given formula prescribed by a licensed physician or optometrist
except under the supervision of a licensed dispensing optician
and in a registered optical establishment or office. Provided,
however, that the provisions of this section shall not prohibit
persons or corporations from selling completely assembled
spectacles without advice or aid as to the selection thereof as
merchandise from permanently located or established places of
business. (1951, c. 1089, s. 17.)


 90-251.  Licensee allowing unlicensed person
to use his certificate or license.
     Each licensee licensed under the provisions of this Article
who shall rent, loan or allow the use of his registration
certificate or license to an unlicensed person for any unlawful
use shall be guilty of a Class 1 misdemeanor. (1951, c. 1089, s.
18; 1993, c. 539, s. 643; 1994, Ex. Sess., c. 24, s. 14(c).)


 90-252.  Engaging in practice without
license.
      Any person, firm or corporation owning, managing or
conducting a store, shop or place of business and not having in
its employ and on duty, during all hours in which acts
constituting the business of opticianry are carried on, a
licensed dispensing optician engaged in supervision of such
store, office, place of business or optical establishment, or
representing to the public, by means of advertisement or
otherwise or by using the words, "optician, licensed optician,
optical establishment, optical office, ophthalmic dispenser," or
any combination of such terms within or without such store
representing that the same is a legally established optical place
of business duly licensed as such and managed or conducted by
persons holding a dispensing optician's license, when in fact
such permit is not held by such person, firm or corporation, or
by some person employed by such person, firm or corporation and
on the premises and in charge of such optical business, shall be
guilty of a Class 1 misdemeanor. (1951, c. 1089, s. 19; 1981, c.
600, s. 17; 1993, c. 539, s. 644; 1994, Ex. Sess., c. 24, s.
14(c).)

90-253. Exemptions from Article.
     Nothing in this Article shall be construed to apply to
optometrists, or physicians trained in ophthalmology who are
authorized to practice under the laws of this State, or to an
unlicensed person working within the practice and under the
direct supervision of the optometrist or physician trained in
ophthalmology. An apprentice or intern registered with the Board
and working under direct supervision of a licensed optician,
optometrist or physician trained in ophthalmology will not be
deemed to have engaged in opticianry by reason of performing acts
defined as preparation and dispensing, provided the apprentice is
in compliance with the rules of the Board respecting the training
of apprentices.
     As used in this section, "supervision" means the provision
of general direction and control through immediate personal
on-site inspection and evaluation of all work constituting the
practice of opticianry and the provision of consultation and
instruction by a licensed dispensing optician, except that
on-site supervision is not required for minor adjustments or
repairs to eyeglasses. (1951, c. 1089, s. 20; 1981, c. 600, s.
18.)

90-254. General penalty for violation.
     Any person, firm or corporation who shall violate any
provision of this Article for which no other penalty has been
provided shall, upon conviction, be fined not more than two
hundred dollars ($200.00) or imprisoned for a period of not more
than 12 months, or both, in the discretion of the court.
     Whenever it appears to the Board that any person, firm or
corporation is violating any of the provisions of this Article or
of the rules and regulations of the Board promulgated under this
Article, the Board may apply to the superior court for a
restraining order and  injunction to restrain the violation; and
the superior courts have jurisdiction to grant the requested
relief, irrespective or whether or not criminal prosecution has
been instituted or administrative sanctions imposed by reasons of
the violation. The venue for actions brought under this
subsection shall be the superior court of any county in which
such acts are alleged to have been committed or in the county
where the defendants in such action reside. (1951, c. 1089, s.
21; 1981, c. 600, s. 19.)

90-255. Rebates.
     It shall be unlawful for any person, firm or corporation to
offer or give any gift or premium or discount, directly or
indirectly, or in any form or manner participate in the division,
assignment, rebate or refund of fees or parts thereof with any
ophthalmologist, optometrist, or wholesaler, for the purpose of
diverting or influencing the freedom of choice of the consumer in
the selection of an ophthalmic dispenser. (1951, c. 1089, s. 23;
1981, c. 600, s. 20.)


 90-255.1.  Sale of flammable frames.
     No person shall distribute, sell, exchange or deliver, or
have in his possession with intent to distribute, sell, exchange
or deliver any eyeglass frame or sunglass frame which contains
any form of cellulose nitrate or other highly flammable
materials. Any person violating the provisions of this section
shall be guilty of a Class 2 misdemeanor. (1971, c. 239, s. 1;
1993, c. 539, s. 645; 1994, Ex. Sess., c. 24, s. 14(c).)

                           ARTICLE 18.
                        Physical Therapy.
 90-256 through 90-270:  Recodified as 
90-270.24 through 90-270.39.


                          ARTICLE 18A.
                    Psychology Practice Act.
 90-270.1.  Title; purpose.
     (a)  This Article shall be known and may be cited as the
"Psychology Practice Act."
      (b)  The practice of psychology in North Carolina is hereby
declared to affect the public health, safety, and welfare, and to
be subject to regulation to protect the public from the practice
of psychology by unqualified persons and from unprofessional
conduct by persons licensed to practice psychology. (1967, c.
910, s. 1; 1993, c. 375, s. 1.)


 90-270.2.  Definitions.
     The following definitions apply in this Article:
          (1)     Board. -- The North Carolina Psychology Board.
          (2)     Examination. -- Any and all examinations that
are adopted by the Board and administered to applicants and
licensees, including, but not limited to, the national
examination, Board-developed examinations, and other examinations
that assess the competency and ethics of psychologists and
applicants.
          (3)     Jurisdiction. -- Any governmental authority,
including, but not limited to, a state, a territory, a
commonwealth, a district of the United States, and a country or a
local governmental authority thereof, that licenses, certifies,
or registers psychologists.
          (4)     Health services. -- Those activities of the
practice of psychology that include the delivery of preventive,
assessment, or therapeutic intervention services directly to
individuals whose growth, adjustment, or functioning is actually
impaired or may be at substantial risk of impairment.
          (5)     Institution of higher education. -- A
university, a college, a professional school, or another
institution of higher learning that:
               a.     In the United States, is regionally
accredited by bodies approved by the Commission on Recognition of
Postsecondary Accreditation or its successor.
               b.     In Canada, holds a membership in the
Association of Universities and Colleges of Canada.
               c.     In another country, is accredited by the
comparable official organization having this authority.
          (6)     Licensed psychologist. -- An individual to whom
a license has been issued pursuant to the provisions of this
Article, whose license is in force and not suspended or revoked,
and whose license permits him or her to engage in the practice of
psychology as defined in this Article.
          (7)     Licensed psychological associate. -- An
individual to whom a license has been issued pursuant to the
provisions of this Article, whose license is in force and not
suspended or revoked, and whose license permits him or her to
engage in the practice of psychology as defined in this Article.
          (8)     Practice of psychology. -- The observation,
description, evaluation, interpretation, or modification of human
behavior by the application of psychological principles, methods,
and procedures for the purpose of preventing or eliminating
symptomatic, maladaptive, or undesired behavior or of enhancing
interpersonal relationships, work and life adjustment, personal
effectiveness, behavioral health, or mental health. The practice
of psychology includes, but is not limited to: psychological
testing and the evaluation or assessment of personal
characteristics such as intelligence, personality, abilities,
interests, aptitudes, and neuropsychological functioning;
counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback,
and behavior analysis and therapy; diagnosis and treatment of
mental and emotional disorder or disability, alcoholism and
substance abuse, disorders of habit or conduct, as well as of the
psychological aspects of physical illness, accident, injury, or
disability; and psychoeducational evaluation, therapy,
remediation, and consultation. Psychological services may be
rendered to individuals, families, groups, and the public. The
practice of psychology shall be construed within the meaning of
this definition without regard to whether payment is received for
services rendered.
          (9)     Psychologist. -- A person represents himself or
herself to be a psychologist if that person uses any title or
description of services incorporating the words "psychology",
"psychological", "psychologic", or "psychologist", states that he
or she possesses expert qualification in any area of psychology,
or provides or offers to provide services defined as the practice
of psychology in this Article. All persons licensed under this
Article may present themselves as psychologists, as may those
persons who are exempt by G.S. 90-270.4 and those who are
qualified applicants under G.S. 90-270.5. (1967, c. 910, s. 2;
1977, c. 670, s. 1; 1979, c. 670, s. 1; 1993, c. 375, s. 1; 1993
(Reg. Sess., 1994), c. 569, s. 14.)


 90-270.3.  Practice of medicine and optometry
not permitted.
     Nothing in this Article shall be construed as permitting
licensed psychologists or licensed psychological associates to
engage in any manner in all or any of the parts of the practice
of medicine or optometry licensed under Articles 1 and 6 of
Chapter 90 of the General Statutes, including, among others, the
diagnosis and correction of visual and muscular anomalies of the
human eyes and visual apparatus, eye exercises, orthoptics,
vision training, visual training and developmental vision.  A
licensed psychologist or licensed psychological associate shall
assist his or her client or patient in obtaining professional
help for all aspects of the client's or patient's problems that
fall outside the boundaries of the psychologist's own competence,
including provision for the diagnosis and treatment of relevant
medical or optometric problems. (1967, c. 910, s. 3; 1977, c.
670, s. 2; 1979, c. 670, s. 2; 1993, c. 375, s. 1.)


 90-270.4.  Exemptions to this Article.
     (a)  Nothing in this Article shall be construed to prevent
the teaching of psychology, the conduct of psychological
research, or the provision of psychological services or
consultation to organizations or institutions, provided that such
teaching, research, service, or consultation does not involve the
delivery or supervision of direct psychological services to
individuals or groups of individuals who are themselves, rather
than a third party, the intended beneficiaries of such services,
without regard to the source or extent of payment for services
rendered. Nothing in this Article shall prevent the provision of
expert testimony by psychologists who are otherwise exempted by
this act. Persons holding an earned master's, specialist, or
doctoral degree in psychology from an institution of higher
education may use the title "psychologist" in activities
permitted by this subsection.
     (b)  Nothing in this Article shall be construed as limiting
the activities, services, and use of official titles on the part
of any person in the regular employ of the State of North
Carolina or whose employment is included under the State
Personnel Act who has served in a position of employment
involving the practice of psychology as defined in this Article,
provided that the person was serving in this capacity on December
31, 1979.
     (c)  Persons certified by the State Board of Education as
school psychologists and serving as regular salaried employees of
the Department of Public Instruction or local boards of education
are not required to be licensed under this Article in order to
perform the duties for which they serve the Department of Public
Instruction or local boards of education, and nothing in this
Article shall be construed as limiting their activities,
services, or titles while performing those duties for which they
serve the Department of Public Instruction or local boards of
education. If a person certified by the State Board of Education
as a school psychologist and serving as a regular salaried
employee of the Department of Public Instruction or a local board
of education is or becomes a licensed psychologist under this
Article, he or she shall be required to comply with all
conditions, requirements, and obligations imposed by statute or
by Board rules upon all other licensed psychologists as a
condition to retaining that license. Other provisions of this
Article notwithstanding, if a person certified by the State Board
of Education as a school psychologist and serving as a regular
salaried employee of the Department of Public Instruction or a
local board of education is or becomes a licensed psychological
associate under this Article, he or she shall not be required to
comply with the supervision requirements otherwise applicable to
licensed psychological associates by Board rules or by this
Article in the course of his or her regular salaried employment
with the Department of Public Instruction or a local board of
education, but he or she shall be required to comply with all
other conditions, requirements, and obligations imposed by
statute or a local board of education or by Board rules upon all
other licensed psychological associates as a condition to
retaining that license.
     (d)  Nothing in this Article shall be construed as limiting
the activities, services, and use of title designating training
status of a student, intern, fellow, or other trainee preparing
for the practice of psychology under the supervision and
responsibility of a qualified psychologist in an institution of
higher education or service facility, provided that such
activities and services constitute a part of his or her course of
study as a matriculated graduate student in psychology. For
individuals pursuing postdoctoral training or experience in
psychology, nothing shall limit the use of a title designating
training status, but the Board may develop rules defining
qualified supervision, disclosure of supervisory relationships,
frequency of supervision, settings to which trainees may be
assigned, activities in which trainees may engage, qualifications
for trainee status, nature of responsibility assumed by the
supervisor, and the structure, content, and organization of
postdoctoral experience.
     (e)  Nothing in this Article shall be construed to prevent
qualified members of other professional groups from rendering
services consistent with their professional training and code of
ethics, provided they do not hold themselves out to the public by
any title or description stating or implying that they are
psychologists or are licensed, certified, or registered to
practice psychology.
     (f)  Nothing in this Article is to be construed as
prohibiting a psychologist who is not a resident of North
Carolina who holds an earned doctoral, master's, or specialist
degree in psychology from an institution of higher education, and
who is licensed or certified only in another jurisdiction, from
engaging in the practice of psychology, including the provision
of health services, in this State for up to five days in any
calendar year. All such psychologists shall comply with
supervision requirements established by the Board, and shall
notify the Board in writing of their intent to practice in North
Carolina, prior to the provision of any services in this State.
The Board shall adopt rules implementing and defining this
provision.
     (g)  Except as otherwise provided in this Article, if a
person exempt from the provisions of this Article and not
required to be licensed under this Article is or becomes licensed
under this Article, he or she shall be required to comply with
all conditions, requirements, and obligations imposed by Board
rules or by statute upon all other psychologists licensed under
this Article.
     (h)  A licensee whose license is suspended or revoked
pursuant to the provisions of G.S. 90-270.15, or an applicant who
is notified that he or she has failed an examination for the
second time, as specified in G.S. 90-270.5(b), or an applicant
who is notified that licensure is denied pursuant to G.S. 90-
270.11 or G.S. 90-270.15, or an applicant who discontinues the
application process at any point must terminate the practice of
psychology, in accordance with the duly adopted rules of the
Board. (1967, c. 910, s. 4; 1977, c. 670, s. 3; 1979, c. 670, ss.
3, 4; c. 1005, s. 1; 1981, c. 654, ss. 1, 2; 1983, c. 82, s. 5;
1985, c. 734, ss. 1-3; 1993, c. 375, s. 1; 1995, c. 509, s. 44.)


 90-270.5.  Application; examination;
supervision; provisional and temporary licenses.
     (a)  Except as otherwise exempted by G.S. 90-270.4, persons
who are qualified by education to practice psychology in this
State must make application for licensure to the Board within 30
days of offering to practice or undertaking the practice of
psychology in North Carolina.  Applications must then be
completed for review by the Board within the time period
stipulated in the duly adopted rules of the Board.  Persons who
practice or offer to practice psychology for more than 30 days
without making application for licensure, who fail to complete
the application process within the time period specified by the
Board, or who are denied licensure pursuant to G.S. 90-270.11 or
G.S. 90-270.15, may not subsequently practice or offer to
practice psychology without first becoming licensed.
     (b)  After making application for licensure, applicants must
take the first examination to which they are admitted by the
Board.  If applicants fail the examination, they may continue to
practice psychology until they take the next examination to which
they are admitted by the Board.  If applicants fail the second
examination, they shall cease the practice of psychology per G.S.
90-270.4(h), and may not subsequently practice or offer to
practice psychology without first reapplying for and receiving a
license from the Board.  An applicant who does not take an
examination on the date prescribed by the Board shall be deemed
to have failed that examination.
     (c)  All individuals who have yet to apply and who are
practicing or offering to practice psychology in North Carolina,
and all applicants who are practicing or offering to practice
psychology in North Carolina, shall at all times comply with
supervision requirements established by the Board.  The Board
shall specify in its rules the format, setting, content, time
frame, amounts of supervision, qualifications of supervisors,
disclosure of supervisory relationships, the organization of the
supervised experience, and the nature of the responsibility
assumed by the supervisor.  Individuals shall be supervised for
all activities comprising the practice of psychology until they
have met the following conditions:
          (1)     For licensed psychologist applicants, until
they have passed the examination to which they have been admitted
by the Board, have been notified of the results, have completed
supervision requirements specified in subsection (d) of this
section, and have been informed by the Board of permanent
licensure as a licensed psychologist; or
          (2)     For licensed psychological associate
applicants, until they have passed the examination to which they
have been admitted by the Board, have been notified of the
results, and have been informed by the Board of permanent
licensure as a licensed psychological associate, after which time
supervision is required only for those activities specified in
subsection (e) of this section.
     (d)  For permanent licensure as a licensed psychologist, an
otherwise qualified psychologist must secure two years of
acceptable and appropriate supervised experience germane to his
or her training and intended area of practice as a psychologist.
The Board shall permit such supervised experience to be acquired
on a less than full-time basis, and shall additionally specify in
its rules the format, setting, content, time frame, amounts of
supervision, qualifications of supervisors, disclosure of
supervisory relationships, the organization of the supervised
experience, and the nature of the responsibility assumed by the
supervisor.  Supervision of health services must be received from
qualified licensed psychologists holding health services provider
certificates, or from other psychologists recognized by the Board
in accordance with Board rules.
          (1)     One of these years of experience shall be
postdoctoral, and for this year, the Board may require, as
specified in its rules, that the supervised experience be
comparable to the knowledge and skills acquired during formal
doctoral or postdoctoral education, in accordance with
established professional standards.
          (2)     One of these years may be predoctoral and the
Board shall establish rules governing appropriate supervised
predoctoral experience.
          (3)     A psychologist who meets all other requirements
of G.S. 90-270.11(a) as a licensed psychologist, except the two
years of supervised experience, may be issued a provisional
license by the Board for the practice of psychology.  If the
psychologist terminates the supervised experience before the
completion of two years, the Board may place the psychologist on
inactive status, during which time supervision will not be
required, and the practice of psychology or the offer to practice
psychology is prohibited.  In the event a licensed psychologist
issued a provisional license under this subsection is placed on
inactive status or is completing the supervised experience on a
part-time basis, the Board may renew the provisional license as
necessary until such time as the psychologist has completed the
equivalent of two years' supervised experience.
     (e)  A licensed psychological associate shall be supervised
by a qualified licensed psychologist, or other qualified
professionals, in accordance with Board rules specifying the
format, setting, content, time frame, amounts of supervision,
qualifications of supervisors, disclosure of supervisory
relationships, the organization of the supervised experience, and
the nature of the responsibility assumed by the supervisor.  A
licensed psychological associate who provides health services
shall be supervised, for those activities requiring supervision,
by a qualified licensed psychologist holding health services
provider certification or by other qualified professionals under
the overall direction of a qualified licensed psychologist
holding health services provider certification, in accordance
with Board rules.  Except as provided below, supervision,
including the supervision of health services, is required only
when a licensed psychological associate engages in:  assessment
of personality functioning; neuropsychological evaluation;
psychotherapy, counseling, and other interventions with clinical
populations for the purpose of preventing or eliminating
symptomatic, maladaptive, or undesired behavior; and, the use of
intrusive, punitive, or experimental procedures, techniques, or
measures.  The Board shall adopt rules implementing and defining
this provision, and as the practice of psychology evolves, may
identify additional activities requiring supervision in order to
maintain acceptable standards of practice.
     (f)  A nonresident psychologist who is either licensed or
certified by a similar Board in another jurisdiction whose
standards, in the opinion of the Board, are, at the date of his
or her certification or licensure, substantially equivalent to or
higher than the requirements of this Article, may be issued a
temporary license by the Board for the practice of psychology in
this State for a period not to exceed the aggregate of 30 days in
any calendar year.  The Board may issue temporary health services
provider certification simultaneously if the nonresident
psychologist can demonstrate two years of acceptable supervised
health services experience.  All temporarily licensed
psychologists shall comply with supervision requirements
established by the Board.
     (g)  An applicant for reinstatement of licensure, whose
license was suspended under G.S. 90-270.15(f), may be issued a
temporary license and temporary health services provider
certification in accordance with the duly adopted rules of the
Board. (1967, c. 910, s. 5; 1977, c. 670, s. 4; 1979, c. 670, s.
3; 1985, c. 734, s. 4; 1993, c. 375, s. 1.)


 90-270.6.  Psychology Board; appointment; term
of office; composition.
     For the purpose of carrying out the provisions of this
Article, there is created a North Carolina Psychology Board,
which shall consist of seven members appointed by the Governor.
At all times three members shall be licensed psychologists, two
members shall be licensed psychological associates, and two
members shall be members of the public who are not licensed under
this Article.  Each member of the Board must reside in a
different congressional district at the time of the appointment.
Due consideration shall also be given to the adequate
representation of the various fields and areas of practice of
psychology.  Terms of office shall be three years.  All terms of
service on the Board expire June 30 in appropriate years.  As the
term of a psychologist member expires, or as a vacancy of a
psychologist member occurs for any other reason, the North
Carolina Psychological Association, or its successor, shall,
having sought the advice of the chairs of the graduate
departments of psychology in the State, for each vacancy, submit
to the Governor a list of the names of three eligible persons.
From this list the Governor shall make the appointment for a full
term, or for the remainder of the unexpired term, if any.  Each
Board member shall serve until his or her successor has been
appointed.  As the term of a member expires, or if one should
become vacant for any reason, the Governor shall appoint a new
member within 60 days of the vacancy's occurring.  No member,
either public or licensed under this Article, shall serve more
than three complete consecutive terms. (1967, c. 910, s. 6; 1977,
c. 670, s. 5; 1979, c. 670, s. 3; c. 1005, s. 2; 1983, c. 82, ss.
1-3; 1993, c. 375, s. 1.)


 90-270.7.  Qualifications of Board members;
removal of Board members.
     (a)  Each licensed psychologist and licensed psychological
associate member of the Board shall have the following
qualifications:
          (1)     Shall be a resident of this State and a citizen
of the United States;
          (2)     Shall be at the time of appointment and shall
have been for at least five years prior thereto, actively engaged
in one or more branches of psychology or in the education and
training of master's, specialist, doctoral, or postdoctoral
students of psychology or in psychological research, and such
activity during the two years preceding appointment shall have
occurred primarily in this State.
          (3)     Shall be free of conflict of interest in
performing the duties of the Board.
     (b)  Each public member of the Board shall have the
following qualifications:
          (1)     Shall be a resident of this State and a citizen
of the United States;
          (2)     Shall be free of conflict of interest or the
appearance of such conflict in performing the duties of the
Board;
          (3)     Shall not be a psychologist, an applicant or
former applicant for licensure as a psychologist, or a member of
a household that includes a psychologist.
     (c)  A Board member shall be automatically removed from the
Board if he or she:
          (1)     Ceases to meet the qualifications specified in
this subsection;
          (2)     Fails to attend three successive Board meetings
without just cause as determined by the remainder of the Board;
          (3)     Is found by the remainder of the Board to be in
violation of the provisions of this Article or to have engaged in
immoral, dishonorable, unprofessional, or unethical conduct, and
such conduct is deemed to compromise the integrity of the Board;
          (4)     Is found to be guilty of a felony or an
unlawful act involving moral turpitude by a court of competent
jurisdiction or is found to have entered a plea of nolo
contendere to a felony or an unlawful act involving moral
turpitude;
          (5)     Is found guilty of malfeasance, misfeasance, or
nonfeasance in relation to his or her Board duties by a court of
competent jurisdiction; or
          (6)     Is incapacitated and without reasonable
likelihood of resuming Board duties, as determined by the Board.
(1967, c. 910, s. 7; 1977, c. 670, s. 6; 1985, c. 734, s. 5;
1993, c. 375, s. 1.)

90-270.8. Compensation of members; expenses; employees.
     Members of the Board shall receive no compensation for their
services, but shall receive their necessary expenses incurred in
the performance of duties required by this Article, as prescribed
for  State boards generally. The Board may employ necessary
personnel for the performance of its functions, and fix the
compensation therefor, within the limits of funds available to
the Board; however, the Board shall not employ any of its own
members to perform inspectional or similar ministerial tasks for
the Board. In no event shall the State of North Carolina be
liable for expenses incurred by the Board in excess of the income
derived from this Article. (1967, c. 910, s. 8.)


 90-270.9.  Election of officers; meetings;
adoption of seal and appropriate rules; powers of the Board.
     The Board shall annually elect the chair and vice-chair from
among its membership.  The Board shall meet annually, at a time
set by the Board, in the City of Raleigh, and it may hold
additional meetings and conduct business at any place in the
State.  Four members of the Board shall constitute a quorum.  The
Board may empower any member to conduct any proceeding or
investigation necessary to its purposes and may empower its agent
or counsel to conduct any investigation necessary to its
purposes, but any final action requires a quorum of the Board.
The Board may order that any records concerning the practice of
psychology relevant to a complaint received by the Board or an
inquiry or investigation conducted by or on behalf of the Board
be produced before the Board or for inspection and copying by
representatives of or counsel to the Board by the custodian of
such records.  The Board shall adopt an official seal, which
shall be affixed to all licenses issued by it.  The Board shall
make such rules and regulations not inconsistent with law, as may
be necessary to regulate its proceedings and otherwise to
implement the provisions of this Article. (1967, c. 910, s. 9;
1985, c. 734, s. 6; 1993, c. 375, s. 1.)


 90-270.10.  Annual report.
     On June 30 of each year, the Board shall submit a report to
the Governor of the Board's activities since the preceding July
1, including the names of all licensed psychologists and licensed
psychological associates to whom licenses have been granted under
this Article, any cases heard and decisions rendered in matters
before the Board, the recommendations of the Board as to future
actions and policies, and a financial report.  Each member of the
Board shall review and sign the report before its submission to
the Governor.  Any Board member shall have the right to record a
dissenting view. (1967, c. 910, s. 10; 1979, c. 670, s. 3; 1993,
c. 375, s. 1.)


 90-270.11.  Licensure; examination; foreign
graduates.
     (a)  Licensed Psychologist. -- The Board shall issue a
permanent license to practice psychology to any applicant who
pays an application fee and any applicable examination fee as
specified in G.S. 90-270.18(b), who passes an examination in
psychology as prescribed by the Board, and who submits evidence
verified by oath and satisfactory to the Board that he or she:
          (1)     Is at least 18 years of age;
          (2)     Is of good moral character;
          (3)     Has received a doctoral degree based on a
planned and directed program of studies in psychology from an
institution of higher education. The degree program, wherever
administratively housed, must be publicly identified and clearly
labeled as a psychology program. The Board shall adopt rules
implementing and defining these provisions, including, but not
limited to, such factors as residence in the educational program,
internship and related field experiences, number of course
credits, course content, numbers and qualifications of faculty,
and program identification and identity.
          (4)     Has had at least two years of acceptable and
appropriate supervised experience germane to his or her training
and intended area of practice as a psychologist as specified in
G.S. 90-270.5(d).
     (b)  Licensed Psychological Associate. --
          (1)     The Board shall issue a permanent license to
practice psychology to any applicant who pays an application fee
and any applicable examination fee as specified in G.S. 90-
270.18(b), who passes an examination in psychology as prescribed
by the Board, and who submits evidence verified by oath and
satisfactory to the Board that he or she:
               a.     Is at least 18 years of age;
               b.     Is of good moral character;
               c.     Has received a master's degree in
psychology or a specialist degree in psychology from an
institution of higher education. The degree program, wherever
administratively housed, must be publicly identified and clearly
labeled as a psychology program. The Board shall adopt rules
implementing and defining these provisions, including, but not
limited to, such factors as residence in the program, internship
and related field experiences, number of course credits, course
content, numbers and qualifications of faculty, and program
identification and identity.
          (2)     Notwithstanding the provisions of this
subsection, a licensed psychologist applicant who has met all
requirements for licensure except passing the examination at the
licensed psychologist level, may be issued a license as a
licensed psychological associate without having a master's degree
or specialist degree in psychology if the applicant passes the
examination at the licensed psychological associate level.
     (c)  Foreign Graduates. -- Applicants trained in
institutions outside the United States, applying for licensure at
either the licensed psychologist or licensed psychological
associate level, must show satisfactory evidence of training and
degrees substantially equivalent to those required of applicants
trained within the United States, pursuant to Board rules and
regulations.
     (d)  Prior Licensure. -- A person who is licensed in good
standing as a licensed practicing psychologist or psychological
associate under the provisions of the Practicing Psychologist
Licensing Act in effect immediately prior to the ratification of
this Psychology Practice Act shall be deemed, as of October 1,
1993 to have met all requirements for licensure under this act
and shall be eligible for renewal of licensure in accordance with
the provisions of this act. (1967, c. 910, s. 11; 1971, c. 889,
ss. 2, 3; 1975, c. 675, ss. 1, 2; 1977, c. 670, s. 7; 1979, c.
670, ss. 5, 6; 1979, 2nd Sess., c. 1176; 1981, c. 738, ss. 1, 2;
1983, c. 37, ss. 1, 2; c. 82, s. 4; 1985, c. 734, s. 7; 1987, c.
326, ss. 1, 2; c. 500, s. 1; 1989, c. 554; 1993, c. 375, s. 1;
1995, c. 509, s. 45.)

90-270.12. Repealed by Session Laws 1977, c. 670, s. 8.


 90-270.13.  Licensure of psychologists
licensed or certified in other jurisdictions; licensure of
diplomates of the American Board of Professional Psychology;
Reciprocity.
     (a)  Upon application and payment of the requisite fee, the
Board shall grant permanent licensure at the appropriate level to
any person who, at the time of application, is licensed or
certified as a psychologist by a similar board in another
jurisdiction, whose license or certification is in good standing,
who is a graduate of an institution of higher education, who
passes any examination prescribed by the Board, and who meets the
definition of a senior psychologist as that term is defined by
the rules of the Board.
     (b)  The Board may establish formal written agreements of
reciprocity with the psychology boards of other jurisdictions if
the Board determines that the standards of the boards of the
other jurisdictions are substantially equivalent to or greater
than those required by this Article.
     (c)  The Board shall grant health services provider
certification to any person licensed under the provisions of
subsections (a) and (b) above when it determines that the
applicant's training and experience are substantially equivalent
to or greater than that specified in G.S. 90-270.20.
     (d)  Upon application and payment of the requisite fee, the
Board shall waive the requirement of the national written
examination to any person who is a diplomate in good standing of
the American Board of Professional Psychology.
     (e)  The Board shall adopt rules implementing and defining
these provisions, and, with respect to the senior psychologist,
shall adopt rules including, but not limited to, such factors as
educational background, professional experience, length and
status of licensure, ethical conduct, and examination required.
     (f)  The Board may deny licensure to any person otherwise
eligible for permanent licensure under this subsection upon
documentation of illegal, immoral, dishonorable, unprofessional,
or unethical conduct as specified in G.S. 90-270.15. (1967, c.
910, s. 13; 1993, c. 375, s. 1.)


 90-270.14.  Renewal of licenses; duplicate or
replacement licenses.
     (a)  A license in effect on October 1, 1993, must be renewed
on or before January 1, 1994.  Thereafter, a license issued under
this Article must be renewed biennially on or before the first
day of October in each even-numbered year, the requirements for
such renewal being:
          (1)     Each application for renewal must be made on a
form prescribed by the Board and accompanied by a fee as
specified in G.S. 90-270.18(b).  If a license is not renewed on
or before the renewal date, an additional fee shall be charged
for late renewal as specified in G.S. 90-270.18(b).
          (2)     The Board may establish continuing education
requirements as a condition for license renewal.
     (b)  A licensee may request the Board to issue a duplicate
or replacement license for a fee as specified in G.S. 90-
270.18(b).  Upon receipt of the request and a showing of good
cause for the issuance of a duplicate or replacement license, and
the payment of the fee, the Board shall issue a duplicate or
replacement license. (1967, c. 910, s. 14; 1971, c. 889, s. 1;
1975, c. 675, s. 3; 1979, c. 710; 1985, c. 734, s. 8; 1987, c.
500, s. 2; 1989 (Reg. Sess., 1990), c. 1029, s. 2; 1993, c. 375,
s. 1.)


 90-270.15. Denial, suspension, or revocation of
licenses and health services provider certification, and other
disciplinary and remedial actions for violations of the Code of
Conduct; relinquishing of license.
     (a)  Any applicant for licensure or health services provider
certification and any person licensed or certified under this
Article shall have behaved in conformity with the ethical and
professional standards specified in this Code of Conduct and in
the rules of the Board. The Board may deny, suspend, or revoke
licensure and certification, and may discipline, place on
probation, limit practice, and require examination, remediation,
and rehabilitation, or any combination thereof, all as provided
for in subsection (b) below. The Board shall act upon proof that
the applicant or licensee engaged in illegal, immoral,
dishonorable, unprofessional, or unethical conduct by violating
any of the provisions of the Code of Conduct as follows:
          (1)     Has been convicted of a felony or entered a
plea of guilty or nolo contendere to any felony charge;
          (2)     Has been convicted of or entered a plea of
guilty or nolo contendere to any misdemeanor involving moral
turpitude, misrepresentation or fraud in dealing with the public,
or conduct otherwise relevant to fitness to practice psychology,
or a misdemeanor charge reflecting the inability to practice
psychology with due regard to the health and safety of clients or
patients;
          (3)     Has engaged in fraud or deceit in securing or
attempting to secure or renew a license or in securing or
attempting to secure health services provider certification under
this Article or has willfully concealed from the Board material
information in connection with application for a license or
health services provider certification, or for renewal of a
license under this Article;
          (4)     Has practiced any fraud, deceit, or
misrepresentation upon the public, the Board, or any individual
in connection with the practice of psychology, the offer of
psychological services, the filing of Medicare, Medicaid, or
other claims to any third party payor, or in any manner otherwise
relevant to fitness for the practice of psychology;
          (5)     Has made fraudulent, misleading, or
intentionally or materially false statements pertaining to
education, licensure, license renewal, certification as a health
services provider, supervision, continuing education, any
disciplinary actions or sanctions pending or occurring in any
other jurisdiction, professional credentials, or qualifications
or fitness for the practice of psychology to the public, any
individual, the Board, or any other organization;
          (6)     Has had a license or certification for the
practice of psychology in any other jurisdiction suspended or
revoked, or has been disciplined by the licensing or
certification board in any other jurisdiction for conduct which
would subject him or her to discipline under this Article;
          (7)     Has violated any provision of this Article or
of the duly adopted rules of the Board;
          (8)     Has aided or abetted the unlawful practice of
psychology by any person not licensed by the Board;
          (9)     For a licensed psychologist, has provided
health services without health services provider certification;
          (10)     Has been guilty of immoral, dishonorable,
unprofessional, or unethical conduct as defined in this
subsection, or in the then-current code of ethics of the American
Psychological Association, except as the provisions of such code
of ethics may be inconsistent and in conflict with the provisions
of this Article, in which case, the provisions of this Article
control;
          (11)     Has practiced psychology in such a manner as
to endanger the welfare of clients or patients;
          (12)     Has demonstrated an inability to practice
psychology with reasonable skill and safety by reason of illness,
inebriation, misuse of drugs, narcotics, alcohol, chemicals, or
any other substance affecting mental or physical functioning, or
as a result of any mental or physical condition;
          (13)     Has practiced psychology or conducted research
outside the boundaries of demonstrated competence or the
limitations of education, training, or supervised experience;
          (14)     Has failed to use, administer, score, or
interpret psychological assessment techniques, including
interviewing and observation, in a competent manner, or has
provided findings or recommendations which do not accurately
reflect the assessment data, or exceed what can reasonably be
inferred, predicted, or determined from test, interview, or
observational data;
          (15)     Has failed to provide competent diagnosis,
counseling, treatment, consultation, or supervision, in keeping
with standards of usual and customary practice in this State;
          (16)     In the absence of established standards, has
failed to take all reasonable steps to ensure the competence of
services;
          (17)     Has failed to maintain a clear and accurate
case record which documents the following for each patient or
client:
               a.     Presenting problems, diagnosis, or purpose
of the evaluation, counseling, treatment, or other services
provided;
               b.     Fees, dates of services, and itemized
charges;
               c.     Summary content of each session of
evaluation, counseling, treatment, or other services, except that
summary content need not include specific information that may
cause significant harm to any person if the information were
released;
               d.     Test results or other findings, including
basic test data; and
               e.     Copies of all reports prepared;
          (18)     Except when prevented from doing so by
circumstances beyond the psychologist's control, has failed to
retain securely and confidentially the complete case record for
at least seven years from the date of the last provision of
psychological services; or, except when prevented from doing so
by circumstances beyond the psychologist's control, has failed to
retain securely and confidentially the complete case record for
three years from the date of the attainment of majority age by
the patient or client or for at least seven years from the date
of the last provision of psychological services, whichever is
longer; or, except when prevented from doing so by circumstances
beyond the psychologist's control, has failed to retain securely
and confidentially the complete case record indefinitely if there
are pending legal or ethical matters or if there is any other
compelling circumstance;
          (19)     Has failed to cooperate with other
psychologists or other professionals to the potential or actual
detriment of clients, patients, or other recipients of service,
or has behaved in ways which substantially impede or impair other
psychologists' or other professionals' abilities to perform
professional duties;
          (20)     Has exercised undue influence in such a manner
as to exploit the client, patient, student, supervisee, or
trainee for the financial or other personal advantage or
gratification of the psychologist or a third party;
          (21)     Has harassed or abused, sexually or otherwise,
a client, patient, student, supervisee, or trainee;
          (22)     Has failed to cooperate with or to respond
promptly, completely, and honestly to the Board, to credentials
committees, or to ethics committees of professional psychological
associations, hospitals, or other health care organizations or
educational institutions, when those organizations or entities
have jurisdiction; or has failed to cooperate with institutional
review boards or professional standards review organizations,
when those organizations or entities have jurisdiction; or
          (23)     Has refused to appear before the Board after
having been ordered to do so in writing by the Chair;
     (b)  Upon proof that an applicant or licensee under this
Article has engaged in any of the prohibited actions specified in
subsection (a) of this section, the Board may, in lieu of denial,
suspension, or revocation, issue a formal reprimand or formally
censure the applicant or licensee, may place the applicant or
licensee upon probation with such appropriate conditions upon the
continued practice as the Board may deem advisable, may require
examination, remediation, or rehabilitation for the applicant or
licensee, including care, counseling, or treatment by a
professional or professionals designated or approved by the
Board, the expense to be borne by the applicant or licensee, may
require supervision for the services provided by the applicant or
licensee by a licensee designated or approved by the Board, the
expense to be borne by the applicant or licensee, may limit or
circumscribe the practice of psychology provided by the applicant
or licensee with respect to the extent, nature, or location of
the services provided, as the Board deems advisable, or may
discipline and impose any appropriate combination of the
foregoing. In addition, the Board may impose such conditions of
probation or restrictions upon continued practice at the
conclusion of a period of suspension or as requirements for the
restoration of a revoked or suspended license. In lieu of or in
connection with any disciplinary proceedings or investigation,
the Board may enter into a consent order relative to discipline,
supervision, probation, remediation, rehabilitation, or practice
limitation of a licensee or applicant for a license.
     (c)  The Board may assess costs of disciplinary action
against an applicant or licensee found to be in violation of this
Article.
     (d)  When considering the issue of whether or not an
applicant or licensee is physically or mentally capable of
practicing psychology with reasonable skill and safety with
patients or clients, then, upon a showing of probable cause to
the Board that the applicant or licensee is not capable of
practicing psychology with reasonable skill and safety with
patients or clients, the Board may petition a court of competent
jurisdiction to order the applicant or licensee in question to
submit to a psychological evaluation by a psychologist to
determine psychological status or a physical evaluation by a
physician to determine physical condition, or both. Such
psychologist or physician shall be designated by the court. The
expenses of such evaluations shall be borne by the Board. Where
the applicant or licensee raises the issue of mental or physical
competence or appeals a decision regarding mental or physical
competence, the applicant or licensee shall be permitted to
obtain an evaluation at the applicant's or licensee's expense. If
the Board suspects the objectivity or adequacy of the evaluation,
the Board may compel an evaluation by its designated
practitioners at its own expense.
     (e)  Except as provided otherwise in this Article, the
procedure for revocation, suspension, denial, limitations of the
license or health services provider certification, or other
disciplinary, remedial, or rehabilitative actions, shall be in
accordance with the provisions of Chapter 150B of the General
Statutes. The Board is required to provide the opportunity for a
hearing under Chapter 150B to any applicant whose license or
health services provider certification is denied or to whom
licensure or health services provider certification is offered
subject to any restrictions, probation, disciplinary action,
remediation, or other conditions or limitations, or to any
licensee before revoking, suspending, or restricting a license or
health services provider certificate or imposing any other
disciplinary action or remediation. If the applicant or licensee
waives the opportunity for a hearing, the Board's denial,
revocation, suspension, or other proposed action becomes final
without a hearing's having been conducted. Notwithstanding the
foregoing, no applicant or licensee is entitled to a hearing for
failure to pass an examination. In any proceeding before the
Board, in any record of any hearing before the Board, in any
complaint or notice of charges against any licensee or applicant
for licensure, and in any decision rendered by the Board, the
Board may withhold from public disclosure the identity of any
clients or patients who have not consented to the public
disclosure of psychological services' having been provided by the
licensee or applicant. The Board may close a hearing to the
public and receive in closed session evidence involving or
concerning the treatment of or delivery of psychological services
to a client or a patient who has not consented to the public
disclosure of such treatment or services as may be necessary for
the protection and rights of such patient or client of the
accused applicant or licensee and the full presentation of
relevant evidence. All records, papers, and other documents
containing information collected and compiled by or on behalf of
the Board, as a result of investigations, inquiries, or
interviews conducted in connection with licensing or disciplinary
matters will not be considered public records within the meaning
of Chapter 132 of the General Statutes; provided, however, that
any notice or statement of charges against any licensee or
applicant, or any notice to any licensee or applicant of a
hearing in any proceeding, or any decision rendered in connection
with a hearing in any proceeding, shall be a public record within
the meaning of Chapter 132 of the General Statutes,
notwithstanding that it may contain information collected and
compiled as a result of such investigation, inquiry, or hearing
except that identifying information concerning the treatment of
or delivery of services to a patient or client who has not
consented to the public disclosure of such treatment or services
may be deleted; and provided, further, that if any such record,
paper, or other document containing information theretofore
collected and compiled by or on behalf of the Board, as
hereinbefore provided, is received and admitted in evidence in
any hearing before the Board, it shall thereupon be a public
record within the meaning of Chapter 132 of the General Statutes,
subject to any deletions of identifying information concerning
the treatment of or delivery of psychological services to a
patient or client who has not consented to the public disclosure
of such treatment or services.
     (f)  A license and a health services provider certificate
issued under this Article are suspended automatically by
operation of law after failure to renew a license for a period of
more than sixty days after the renewal date. The Board may
reinstate a license and a health services provider certificate
suspended under this subsection upon payment of a fee as
specified in G.S. 90-270.18(b), and may require that the
applicant file a new application, furnish new supervisory reports
or references or otherwise update his or her credentials, or
submit to examination for reinstatement. Notwithstanding any
provision to the contrary, the Board retains full jurisdiction to
investigate alleged violations of this Article by any person
whose license is suspended under this subsection and, upon proof
of any violation of this Article by any such person, the Board
may take disciplinary action as authorized by this section.
     (g)  A person whose license or health services provider
certification has been denied or revoked may reapply to the Board
for licensure or certification after the passage of one calendar
year from the date of such denial or revocation.
     (h)  A licensee may, with the consent of the Board,
voluntarily relinquish his or her license or health services
provider certificate at any time. The Board may delay or refuse
the granting of its consent as it may deem necessary in order to
investigate any pending complaint, allegation, or issue regarding
violation of any provision of this Article by the licensee.
Notwithstanding any provision to the contrary, the Board retains
full jurisdiction to investigate alleged violations of this
Article by any person whose license is relinquished under this
subsection and, upon proof of any violation of this Article by
any such person, the Board may take disciplinary action as
authorized by this section.
     (i)  The Board may adopt such rules as it deems reasonable
and appropriate to interpret and implement the provisions of this
section. (1967, c. 910, s. 15; 1973, c. 1331, s. 3; 1977, c. 670,
s. 9; 1979, c. 1005, s. 4; 1985, c. 734, s. 9; 1987, c. 827, s.
1; 1991, c. 239, s. 1; c. 761, ss. 14-16; 1993, c. 375, s. 1;
1993 (Reg. Sess., 1994), c. 570, s. 7.)


 90-270.16.  Prohibited acts.
     (a)  Except as permitted in G.S. 90-270.4 and G.S. 90-270.5,
it shall be a violation of this Article for any person not
licensed in accordance with the provisions of this Article to
represent himself or herself as a psychologist, licensed
psychologist, licensed psychological associate, or health
services provider in psychology.
     (b)  Except as provided in G.S. 90-270.4 and G.S. 90-270.5,
it shall be a violation of this Article for any person not
licensed in accordance with the provisions of this Article to
practice or offer to practice psychology as defined in this
Article whether as an individual, firm, partnership, corporation,
agency, or other entity.
     (c)  Except as provided in G.S. 90-270.4 and G.S. 90-270.5,
it shall be a violation of this Article for any person not
licensed in accordance with the provisions of this Article to use
a title or description of services including the term
"psychology," or any of its derivatives such as "psychologic",
"psychological", or "psychologist", singly or in conjunction with
modifiers such as "licensed", "practicing", "certified", or
"registered". (1967, c. 910, s. 16; 1979, c. 670, s. 3; c. 1005,
s. 3; 1993, c. 375, s. 1.)


 90-270.17.  Violations and penalties.
     Any person who violates G.S. 90-270.16 is guilty of a Class
2 misdemeanor.  Each violation shall constitute a separate
offense. (1967, c. 910, s. 17; 1993, c. 539, s. 646; 1994, Ex.
Sess., c. 24, s. 14(c).)


 90-270.18.  Disposition and schedule of
fees.
     (a)  All fees derived from the operation of this Article
shall be deposited with the State Treasurer to the credit of a
revolving fund for the use of the Board in carrying out its
functions.  All fees derived from the operation of this Article
shall be nonrefundable.
     (b)  Fees for activities specified by this Article are as
follows:
          (1)     Application fees for licensed psychologists and
licensed psychological associates per G.S. 90-270.11(a) and
(b)(1), or G.S. 90-270.13, shall not exceed one hundred dollars
($100.00).
          (2)     Fees for the national written examination shall
be the cost of the examination to the Board plus an additional
fee not to exceed fifty dollars ($50.00).
          (3)     Fees for additional examinations shall be as
prescribed by the Board.
          (4)     Fees for the renewal of licenses, per G.S. 90-
270.14(a)(1), shall not exceed two hundred fifty dollars
($250.00) per biennium.  This fee may not be prorated.
          (5)     Late fees for license renewal, per G.S. 90-
270.14(a)(1), shall be twenty-five dollars ($25.00).
          (6)     Fees for the reinstatement of a license, per
G.S. 90-270.15(f), shall not exceed one hundred dollars
($100.00).
          (7)     Fees for a duplicate license, per G.S. 90-
270.14(b), shall be twenty-five dollars ($25.00).
          (8)     Fees for a temporary license, per G.S. 90-
270.5(f) and 90-270.5(g), shall be twenty-five dollars ($25.00).
          (9)     Application fees for a health services provider
certificate, per G.S. 90-270.20, shall be fifty dollars ($50.00).
     (c)  The Board may specify reasonable charges for
duplication services, materials, and returned bank items in its
rules. (1967, c. 910, s. 19; 1993, c. 257, s. 5, c. 375, s. 1.)

90-270.19. Injunctive authority.
     The Board may apply to the superior court for an injunction
to prevent violations of this Article or of any rules enacted
pursuant thereto. The court is empowered to grant such
injunctions regardless of whether criminal prosecution or other
action has been or may be instituted as a result of such
violation. (1983, c. 82, s. 6.)


 90-270.20.  Provision of health services;
certification as health services provider.
     (a)  Health services, as defined in G.S. 90-270.2(4) and
G.S. 90-270.2(8), may be provided by qualified licensed
psychological associates, qualified licensed psychologists
holding provisional, temporary, or permanent licenses, or
qualified applicants. Qualified licensed psychological
associates, qualified licensed psychologists holding provisional
or temporary licenses, or qualified applicants may provide health
services only under supervision as specified in the duly adopted
rules of the Board.
     (b)  After January 1, 1995, any licensed psychologist who is
qualified by education, who holds permanent licensure and a
doctoral degree, and who provides or offers to provide health
services to the public must be certified as a health services
provider psychologist (HSP-P) by the Board. The Board shall
certify as health services provider psychologists those
applicants who shall demonstrate at least two years of acceptable
supervised health services experience, of which at least one year
is postdoctoral. The Board shall specify the format, setting,
content, and organization of the supervised health services
experience or program. The Board may, upon verification of
supervised experience and the meeting of all requirements as a
licensed psychologist, issue the license and certificate
simultaneously. An application fee, as specified in G.S. 90-
270.18(b)(9), must be paid.
     (c)  After January 1, 1995, any licensed psychological
associate who is qualified by education may be granted
certification as a health services provider psychological
associate (HSP-PA). The Board may, upon verification of
qualifications and the meeting of all requirements as a licensed
psychological associate, issue the license and certificate
simultaneously. An application fee, as specified in G.S. 90-
270.18(b)(9), must be paid.
     (d)  After January 1, 1995, any licensed psychologist
holding a provisional license who is qualified by education may
be granted certification as a health services provider
psychologist (provisional) (HSP-PP) by the Board. The Board may,
upon verification of qualifications and the meeting of all
requirements for a provisional license, issue the license and
certificate simultaneously. An application fee, as specified in
G.S. 90-270.18(b)(9), must be paid.
     (e)  Notwithstanding the provisions of subsection (b) of
this section, if application is made to the Board before June 30,
1994, by a licensed psychologist who is listed in the National
Register of Health Services Providers in Psychology, or who holds
permanent licensure and who can demonstrate that he or she has
been engaged acceptably in the provision of health services for
two years or its equivalent, that licensed psychologist shall be
certified as a health services provider psychologist. The
applicant, in order to demonstrate two years of acceptable
experience or its equivalent, must meet one of the following
conditions:
          (1)     The applicant is a diplomate in good standing
of the American Board of Professional Psychology in any of the
areas of professional practice deemed appropriate by the Board;
          (2)     The applicant has the equivalent of two years
of acceptable full-time experience, one of which was
postdoctoral, at sites where health services are provided;
          (3)     The applicant submits evidence satisfactory to
the Board demonstrating that he or she has been engaged
acceptably for the equivalent of at least two years full-time in
the provision of health services; or
          (4)     Any other conditions that the Board may deem
acceptable.
     (f)  Notwithstanding the provisions of subsection (c) of
this section, if application is made to the Board before June 30,
1994, by a licensed psychological associate who can demonstrate
that he or she has been engaged acceptably in the provision of
health services under supervision for two years or its
equivalent, that licensed psychological associate shall be
certified as a health services provider psychological associate.
     (g)  The Board shall have the authority to deny, revoke, or
suspend the health services provider certificate issued pursuant
to these subsections upon a finding that the psychologist has not
behaved in conformity with the ethical and professional standards
prescribed in G.S. 90-270.15. (1985, c. 734, s. 10; 1993, c. 375,
s. 1; 1993 (Reg. Sess., 1994), c. 569, s. 13.)


 90-270.21.  Ancillary services.
     A psychologist licensed under this Article may employ or
supervise unlicensed individuals who assist in the provision of
psychological services to clients, patients, and their families.
The Board may adopt rules specifying the titles used by such
individuals, the numbers employed or supervised by any particular
psychologist, the activities in which they may engage, the nature
and extent of supervision which must be provided, the
qualifications of such individuals, and the nature of the
responsibility assumed by the employing or supervising
psychologist. (1993, c. 375, s. 1.)

                          ARTICLE 18B.
                        Physical Therapy.
 90-270.24.  Definitions.
     In this Article, unless the context otherwise requires, the
following definitions shall apply:
          (1)     "Board" means the North Carolina Board of
Physical Therapy Examiners.
          (2)     "Physical therapist" means any person who
practices physical  therapy in accordance with the provisions of
this Article.
          (3)     "Physical therapist assistant" means any person
who assists in the practice of physical therapy in accordance
with the provisions of this Article, and who works under the
supervision of a physical therapist by performing such
patient-related activities assigned by a physical therapist which
are commensurate with the physical therapist assistant's
education and training, but an assistant's work shall not include
the interpretation and implementation of referrals from licensed
medical doctors or dentists, the performance of evaluations, or
the determination or major modification of treatment programs.
          (4)     "Physical therapy" means the evaluation or
treatment of any person by the use of physical, chemical, or
other properties of heat, light, water, electricity, sound,
massage, or therapeutic exercise, or other rehabilitative
procedures, with or without assistive devices, for the purposes
of preventing, correcting, or alleviating a physical or mental
disability. Physical therapy includes the performance of
specialized tests of neuromuscular function, administration of
specialized therapeutic procedures, interpretation and
implementation of referrals from licensed medical doctors or
dentists, and establishment and modification of physical therapy
programs for patients. Evaluation and treatment of patients may
involve physical measures, methods, or procedures as are found
commensurate with physical therapy education and training and
generally or specifically authorized by regulations of the Board.
Physical therapy education and training shall include study of
the skeletal manifestations of systemic disease. Physical therapy
does not include the application of roentgen rays or radioactive
materials, surgery, manipulation of the spine unless prescribed
by a physician licensed to practice medicine in North Carolina,
or medical diagnosis of disease.
          (5)     "Physical therapy aide" means any nonlicensed
person who aids in the practice of physical therapy in accordance
with the provisions of this Article, and who at all times acts
under the orders, direction, and on-site supervision of a
licensed physical therapist or physical therapist assistant. An
aide may perform physical therapy related activities which are
assigned and are commensurate with an aide's training and
abilities, but an aide's work shall not include the
interpretation and implementation of referrals from licensed
medical doctors or dentists, the performance of evaluations, the
determination and modification of treatment programs, or any
independent performance of any physical therapy procedures.
(1951, c. 1131, s. 1; 1969, c. 556; 1979, c. 487; 1985, c. 701,
s. 1.)

90-270.25. Board of Examiners.
     The North Carolina Board of Physical Therapy Examiners is
hereby created. The Board shall consist of eight members,
including one medical doctor licensed and residing in North
Carolina, four physical therapists, two physical therapist
assistants, and one public member. The public member shall be
appointed by the Governor and shall be a person who is not
licensed under Chapter 90 who shall represent the interest of the
public at large. The medical doctor, physical therapists, and
physical therapists assistants shall be appointed by the Governor
from a list compiled by the North Carolina Physical Therapy
Association, Inc., following the use of a nomination procedure
made available to all physical therapists and physical therapist
assistants licensed and residing in North Carolina. In soliciting
nominations and compiling its list, the Association will give
consideration to geographic distribution, practice setting
(institution, independent, academic, etc.), and other factors
that will promote representation of all aspects of physical
therapy practice on the Board. The records of the operation of
the nomination  procedure shall be filed with the Board, to be
available for a period of six months following nomination, for
reasonable inspection by any licensed practitioner. Each physical
therapist member of the Board shall be licensed and reside in
this State; provided that the physical therapist shall have not
less than three years' experience as a physical therapist
immediately preceding appointment and shall be actively engaged
in the practice of physical therapy in North Carolina during
incumbency. Each physical therapist assistant member shall be
licensed and reside in this State; provided that the physical
therapist assistant shall have not less than three years'
experience as a physical therapist assistant immediately
preceding appointment and shall be actively engaged in practice
as a physical therapist assistant in North Carolina during
incumbency.
     Members shall be appointed to serve three-year terms, or
until their successors are appointed, to commence on January 1 in
respective years. In the event that a member of the Board for any
reason shall become ineligible to or cannot complete a term of
office, another appointment shall be made by the Governor, in
accordance with the procedure stated above, to fill the remainder
of the term. No member may serve for more than two successive
three-year terms.
     The Board each year shall designate one of its physical
therapist members as chairman and one member as
secretary-treasurer. Each member of the Board shall receive such
per diem compensation and reimbursement for travel and
subsistence as shall be set for licensing boards generally.
(1951, c. 1131, s. 2; 1969, c. 445, s. 7; c. 556; 1979, c. 487;
1981, c. 765, s. 1; 1981 (Reg. Sess., 1982), c. 1191, s. 82;
1985, c. 701, s. 1.)

 90-270.26. Powers of the Board.
     The Board shall have the following general powers and
duties:
      (1) Examine and determine the qualifications and fitness of
    applicants for a license to practice physical therapy in this
                                                           State;
  (2) 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;
(3) Conduct investigations for the purpose of determining whether
  violations of this Article or grounds for disciplining licensed
      physical therapists or physical therapist assistants exist;
      (4) 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;
   (5) 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;
(6) 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;
  (7) Establish reasonable fees for applications for examination,
        certificates of licensure and renewal, and other services
                                           provided by the Board;
(8) 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.
     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 (5) of this section, it may as part of
its decision charge the reasonable costs of investigation and
hearing to the person disciplined. (1979, c. 487; 1985, c. 701,
s. 1; 1987, c. 827, ss. 1, 77.)

90-270.27. Records to be kept; copies of record.
     The Board shall keep a record of proceedings under this
Article and a record of all persons licensed under it. The record
shall show the name, last known place of business and last known
place of residence, and date and number of licensure certificate
as a physical therapist or physical therapist assistant, for
every living licensee. Any interested person in the State is
entitled to obtain a copy of that record on application to the
Board and payment of such reasonable charge as may be fixed by it
based on the costs involved. (1951, c. 1131, s. 12; 1969, c. 556;
1979, c. 487; 1985, c. 701, s. 1.)

90-270.28. Disposition of funds.
     All fees and other moneys collected and received by the
Board shall be used for the purposes of implementing this
Article. The financial records of the Board shall be subjected to
an annual audit and paid for out of the funds of the Board.
(1951, c. 1131, s. 14; 1969, c. 556; 1979, c. 487; 1985, c. 701,
s. 1.)

90-270.29. Qualifications of applicants for examination;
application; fee.
     Any person who desires to be licensed under this Article and
who:
                                  (1) Is of good moral character;
     (2) If an applicant for physical therapy licensure, has been
graduated from a physical therapy program accredited by an agency
 recognized by either the U.S. Office of Education or the Council
                              on Postsecondary Accreditation; and
  (3) If an applicant for physical therapist assistant licensure,
           has been graduated from a physical therapist assistant
 educational program accredited by an agency recognized by either
     the U.S. Office of Education or the Council on Postsecondary
                                                   Accreditation;
may make application on a form furnished by the Board for
examination  for licensure as a physical therapist or physical
therapist assistant. At the time of making such application, the
applicant shall pay to the secretary-treasurer of the Board the
fee prescribed by the Board, no portion of which shall be
returned. (1951, c. 1131, s. 3; 1959, c. 630; 1969, c. 556; 1979,
c. 487; 1985, c. 701, s. 1.)

90-270.30. Licensure of foreign-trained physical
therapists.
     Any person who has been trained as a physical therapist in a
foreign county [country] and desires to be licensed under this
Article and who:
                                  (1) Is of good moral character;
     (2) Holds a diploma from an educational program for physical
                                therapists approved by the Board:
 (3) Submits documentary evidence to the Board of completion of a
  course of instruction substantially equivalent to that obtained
          by an applicant for licensure under G.S. 90-270.29; and
(4) Demonstrates satisfactory proof of proficiency in the English
                                                        language;
may make application on a form furnished by the Board for
examination as a foreign-trained physical therapist. At the time
of making such application, the applicant shall pay to the
secretary-treasurer of the Board the fee prescribed by the Board,
no portion of which shall be returned. (1959, c. 630; 1969, c.
556; 1979, c. 487; 1985, c. 701, s. 1.)

90-270.31. Certificates of licensure.
     (a) The Board shall furnish a certificate of licensure to
each applicant successfully passing the examination for licensure
as a physical therapist or physical therapist assistant,
respectively. Upon receipt of satisfactory evidence that an
applicant has graduated, within six months prior to application,
from a physical therapy or physical therapy assistant program
accredited as required under G.S. 90-270.29, the Board may
authorize the applicant to perform as a physical therapist or
physical therapist assistant in this State, but only under the
immediate supervision of a physical therapist licensed in this
State, until a formal decision by the Board on the application
for license. If a new graduate applicant that has been authorized
to perform under supervision by a licensed physical therapist
fails (without due cause as determined in the Board's discretion)
to take the next succeeding examination, or if the applicant
fails to pass the examination, and consequently does not become
licensed, the authorization for the applicant to perform under
supervision shall expire. Applicants approved by the Board for
performance as physical therapists or physical therapist
assistants while their applications are pending under
circumstances described in this subsection shall be referred to
as Physical Therapist Graduate or Physical Therapist Assistant
Graduate.
     (b) The Board shall furnish a certificate of licensure to
any person who is a physical therapist or physical therapist
assistant registered or licensed under the laws of another state
or territory, if the individual's qualifications were at the date
of his registration or licensure substantially equal to the
requirements under this Article. When making such application,
the applicant shall pay to the secretary-treasurer of the Board
the fee prescribed by the Board, no portion of which shall be
returned. (1951, c. 1131, ss. 4, 6; 1959, c. 630; 1969, c. 556;
1979, c. 487; 1985, c. 701, s. 1.)

90-270.32. Renewal of license; lapse; revival.
     (a) Every licensed physical therapist or physical therapist
assistant shall, during the month of January of every year, apply
to the Board for a renewal of licensure and pay to the secretary-
treasurer the prescribed fee. Licenses that are not so renewed
shall automatically lapse.
     (b) The manner in which lapsed licenses shall be revived or
extended shall be established by the Board in its discretion.
(1951, c. 1131, s. 7; 1959, c. 630; 1969, c. 556; 1979, c. 487;
1985, c. 701, s. 1.)

90-270.33. (See note) Fees.
     The Board may collect fees established by its rules, but
those fees shall not exceed the following schedule for the
specified items:
(1) Each application for licensure .......................$100.00
(2) License renewal ........................................40.00
(3) Transfer/verification/replace certificate ..............15.00
(4) Examination retake .....................................30.00
(5) Late renewal ...........................................20.00
(6) Licensure revival (in addition to renewal) .............25.00
(7) Directory ...............................................5.00
(8) Licensee lists .........................................60.00
     In all instances where the Board uses the services of a
national testing service for preparation, administration, or
grading of examinations, the Board may charge the applicant the
actual cost of the examination services, in addition to its other
fees. (1951, c. 1131, s. 2; 1969, c. 445, s. 7; c. 556; 1979, c.
487; 1985, c. 161, c. 701, s. 1.)

90-270.34. Exemptions from licensure; certain practices
exempted.
     (a) The following persons shall be permitted to practice
physical therapy or assist in the practice in this State without
obtaining a license under this Article upon the terms and
conditions specified herein:
        (1) Students enrolled in accredited physical therapist or
physical  therapist assistant educational programs, while engaged
  in completing a clinical requirement for graduation, which must
        be performed under the supervision of a licensed physical
                                                       therapist;
    (2) Physical therapists licensed in other jurisdictions while
     enrolled in graduate educational programs in this State that
include the evaluation and treatment of patients as part of their
 experience required for credit, so long as the student is not at
     the same time gainfully employed in this State as a physical
                                                       therapist;
     (3) Practitioners of physical therapy employed in the United
      States armed services, United States Public Health Service,
   Veterans Administration or other federal agency, to the extent
  permitted under federal law, so long as the practitioner limits
   services to those directly relating to work with the employing
                                               government agency;
(4) Physical therapists or physical therapist assistants licensed
      in other jurisdictions who are teaching or participating in
   special physical therapy education projects, demonstrations or
       courses in this State, in which their participation in the
                 evaluation and treatment of patients is minimal;
    (5) A physical therapy aide while in the performance of those
               acts and practices specified in G.S. 90-270.24(5);
      (6) Persons authorized to perform as physical therapists or
    physical therapist assistants under the provision of G.S. 90-
                                                          270.31.
     (b) Nothing in this Article shall be construed to prohibit:
   (1) Any act in the lawful practice of a profession by a person
                                     duly licensed in this State;
   (2) The administration of simple massages and the operation of
  health clubs so long as not intended to constitute or represent
     the practice of physical therapy. (1951, c. 1131, ss. 9, 11;
   1959, c. 630; 1969, c. 556; 1979, c. 487; 1985, c. 701, s. 1.)


 90-270.35.  Unlawful practice.
     Except as otherwise authorized in this Article, if any
person, firm, or corporation shall:
          (1)     Practice, attempt to practice, teach, consult,
or supervise in physical therapy, or hold out any person as being
able to do any of these things in this State, without first
having obtained a license or authorization from the Board for the
person performing services or being so held out;
          (2)     Use in connection with any person's name any
letters, words, numerical codes, or insignia indicating or
implying that the person is a physical therapist or physical
therapist assistant, or applicant with "Graduate" status, unless
the person is licensed or authorized in accordance with this
Article;
          (3)      Practice or attempt to practice physical
therapy with a revoked, lapsed, or suspended license;
          (4)      Practice physical therapy and fail to refer to
a licensed medical doctor or dentist any patient whose medical
condition should have, at the time of evaluation or treatment,
been determined to be beyond the scope of practice of a physical
therapist;
          (5)      Aid, abet, or assist any unlicensed person to
practice physical therapy in violation of this Article; or
          (6)      Violate any of the provisions of this Article;
said person, firm, or corporation shall be guilty of a Class 1
misdemeanor.  Each act of such unlawful practice shall constitute
a distinct and separate offense. (1951, c. 1131, ss. 9, 11; 1969,
c. 556; 1979, c. 487; 1985, c. 701, s. 1; 1993, c. 539, s. 647;
1994, Ex. Sess., c. 24, s. 14(c).)

90-270.36. Grounds for disciplinary action.
     Grounds for disciplinary action shall include but not be
limited to the following:
      (1) The employment of fraud, deceit or misrepresentation in
      obtaining or attempting to obtain a license, or the renewal
                                                         thereof;
  (2) The use of drugs or intoxicating liquors to an extent which
                                 affects professional competency;
      (3) Conviction of an offense under any municipal, State, or
     federal narcotic or controlled substance law, until proof of
                               rehabilitation can be established;
     (4) Conviction of a felony or other public offense involving
            moral turpitude, until proof of rehabilitation can be
                                                     established;
  (5) An adjudication of insanity or incompetency, until proof of
                  recovery from the condition can be established;
      (6) Engaging in any act or practice violative of any of the
provisions of this Article or of any of the rules and regulations
 adopted by the Board, or aiding, abetting or assisting any other
                             person in the violation of the same;
       (7) The commission of an act or acts of malpractice, gross
  negligence or incompetence in the practice of physical therapy;
        (8) Practice as a licensed physical therapist or physical
      therapist assistant without a valid certificate of renewal;
   (9) Engaging in conduct that could result in harm or injury to
    the public. (1951, c. 1131, s. 8; 1959, c. 630; 1969, c. 556;
          1973, c. 1331, s. 3; 1979, c. 487; 1985, c. 701, s. 1.)

90-270.37. Enjoining illegal practices.
     (a) The Board may, if it finds that any person is violating
any of the provisions of this Article, apply in its own name to
the superior court for a temporary or permanent restraining order
or injunction to restrain such person from continuing such
illegal practices. The court is empowered to grant injunctive
relief regardless of whether criminal prosecution or other action
has been or may be instituted as a result of the violation. In
the court's consideration of the issue of granting or continuing
an injunction sought by the Board, a showing of conduct in
violation of the terms of this Article shall be sufficient to
meet any requirement of general North Carolina injunction law for
irreparable damage.
     (b) The venue for actions brought under this section shall
be the superior court of any county in which such illegal or
unlawful acts are alleged to have been committed, in the county
in which the defendants in such action reside, or in the county
in which the Board maintains its offices and records. (1979, c.
487; 1985, c. 701, s. 1.)

90-270.38. Title.
     This Article may be cited as the "Physical Therapy Practice
Act". (1951, c. 1131, s. 15; 1969, c. 556; 1979, c. 487; 1985, c.
701, s. 1.)

90-270.39. Osteopaths, chiropractors, and podiatrists not
restricted.
     Nothing in this Article shall restrict the use of physical
therapy modalities by licensed osteopaths, chiropractors, or
podiatrists, in the lawful practice of their professions; except
that, these licensed professionals shall not be permitted to in
any way hold themselves, or any employee or associate, out as
practicing physical therapy or being licensed by the Board of
Physical Therapy Examiners, or any other agency, to do so. (1951,
c. 1131, s. 15.1; 1969, c. 556; 1979, c. 487; 1985, c. 701, s.
1.)

90-270.40 to 90-270.44. Reserved for future codification
purposes.


                      ARTICLE 18C. 

      Marital and Family Therapy Certification Act. 



                          ARTICLE 18C.
             Marriage and Family Therapy Licensure.
 90-270.45.  Title of Article.
     This Article shall be known as the "Marriage and Family
Therapy Licensure Act." (1979, c. 697, s. 1; 1985, c. 223, s. 1;
1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.46.  Policy and purpose.
     Marriage and family therapy in North Carolina is a
professional practice that affects the public safety and welfare
and requires appropriate licensure and control in the public
interest.
     It is the purpose of this Article to establish a licensure
agency, a structure, and procedures that will (i) ensure that the
public has a means of protecting itself from the practice of
marriage and family therapy by unprofessional, unauthorized, and
unqualified individuals, and (ii) protect the public from
unprofessional, improper, unauthorized and unqualified use of
certain titles by persons who practice marriage and family
therapy. This Article shall be liberally construed to carry out
these policies and purposes. (1979, c. 697, s. 1; 1985, c. 223,
s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.47.  Definitions.
     As used in this Article, unless the context clearly requires
a different meaning:
          (1)     "Allied mental health field" and "degree" mean:
               a.     Master's or doctoral degree in clinical
social work;
               b.     Master's or doctoral degree in psychiatric
nursing;
               c.     Master's or doctoral degree in counseling
or clinical or counseling psychology;
               d.     Doctor of medicine or doctor of osteopathy
degree with an appropriate residency training in psychiatry; or
               e.     Master's or doctoral degree in any mental
health field the course of study of which is equivalent to the
master's degree in marriage and family therapy.
          (2)     "Board" means the North Carolina Marriage and
Family Therapy Licensure Board.
          (3)     "Licensed marriage and family therapist" means
a person to whom a license has been issued pursuant to this
Article, if the license is in force and not suspended or revoked.
          (3a)     "Marriage and family therapy" is the clinical
practice, within the context of marriage and family systems, of
the diagnosis and treatment of psychosocial aspects of mental and
emotional disorders. Marriage and family therapy involves the
professional application of psychotherapeutic and family systems
theories and techniques in the delivery of services to families,
couples, and individuals for the purpose of treating these
diagnosed mental and emotional disorders. Marriage and family
therapy includes referrals to and collaboration with other health
care professionals when appropriate.
          (4)     "Practice of marriage and family therapy" means
the rendering of professional marriage and family therapy
services to individuals, couples, or families, singly or in
groups, whether the services are offered directly to the general
public or through organizations, either public or private, for a
fee, monetary or otherwise.
          (5)     "Recognized educational institution" means any
educational institution that grants a bachelor's, master's, or
doctoral degree and is recognized by the Board and by a
nationally or regionally recognized educational or professional
accrediting body. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993
(Reg. Sess., 1994), c. 564, s. 2.)


 90-270.48.  Prohibited acts.
     Except as specifically provided elsewhere in this Article,
it is unlawful for a person not licensed as a marriage and family
therapist under this Article to practice marriage or family
therapy or hold himself or herself out to the public as a person
practicing marriage and family therapy. (1979, c. 697, s. 1;
1985, c. 223, s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.48A.  Exemptions.
     (a)  This Article does not prevent members of the clergy or
licensed, certified, or registered members of professional groups
recognized by the Board from advertising or performing services
consistent with their own profession. Members of the clergy
include, but are not limited to, persons who are ordained,
consecrated, commissioned, or endorsed by a recognized
denomination, church, faith group, or synagogue. Professional
groups the Board shall recognize include, but are not limited to,
certified social workers, licensed professional counselors, fee-
based pastoral counselors, licensed practicing psychologists,
psychological associates, physicians, and attorneys-at-law.
However, in no event may a person use the title "Licensed
Marriage and Family Therapist," use the letters "LMFT," or in any
way imply that the person is a licensed marriage and family
therapist unless the person is licensed as such under this
Article.
     (b)  A person is exempt from the requirements of this
Article if any of the following conditions are met:
          (1)     The person is (i) preparing for the practice of
marriage and family therapy in a manner prescribed by rules of
the Board, (ii) under qualified supervision in a training
institution or facility or supervisory arrangement recognized and
approved by the Board, and (iii) designated by a title such as
"marriage and family therapy intern," or "marriage and family
therapy supervisee," or another similar title approved by the
Board.
          (2)     The person is practicing marriage and family
therapy as an employee of a recognized educational institution,
or a governmental institution or agency and the practice is
included in the duties for which the person was employed by the
institution or agency.
          (3)     The person is practicing marriage and family
therapy as an employee of a nonprofit organization which the
Board has determined meets community needs and the practice is
included in the duties for which the person was employed by the
nonprofit organization.
          (4)     The person is practicing marriage and family
therapy as an employee of a hospital licensed under Article 5 of
Chapter 131E or Article 2 of Chapter 122C of the General
Statutes. Provided, however, no such person shall hold himself
out as a licensed marriage and family therapist. (1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.48B.  Third-party reimbursement.
     Nothing in this Article shall be construed to require direct
third-party reimbursement to persons licensed under this Article.
(1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.49.  North Carolina Marriage and Family
Therapy Licensure Board.
     (a)  Establishment. -- There is established as an agency of
the State of North Carolina the North Carolina Marriage and
Family Therapy Licensure Board, which shall be composed of seven
Board members to be appointed as provided in G.S. 90-270.50.
Board members shall be appointed for terms of four years each,
except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Board member whom he
shall succeed. Upon the expiration of a Board member's term of
office, the Board member shall continue to serve until a
successor has qualified. No person may be appointed more than
once to fill an unexpired term or for more than two consecutive
full terms. The Governor shall designate one Board member to
serve as chairperson of the Board. No person may serve as
chairperson for more than four years.
     The Governor may remove any member from the Board or remove
the chairperson from the position of chairperson only for neglect
of duty, malfeasance, or conviction of a felony or crime of moral
turpitude while in office.
     No Board member shall participate in any matter before the
Board in which the member has a pecuniary interest, personal
bias, or other similar conflict of interest.
     (b)  Quorum and Principal Office. -- Four of the members of
the Board shall constitute a quorum of the Board. The Board shall
specify the principal office of the Board within this State.
     (c)  Repealed by Session Laws 1993 (Reg. Sess., 1994), c.
564, s. 2. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.50.  Appointment and qualification of
Board members.
     (a)  Nominations for Appointment. -- The Governor shall
appoint members of the Board only from among the candidates who
meet the following qualifications:
          (1)     Four members shall be practicing marriage and
family therapists who are licensed marriage and family therapists
in the State at the time of their appointment, each of whom has
been for at least five years immediately preceding appointment
actively engaged as a marriage and family therapist in rendering
professional services in marriage and family therapy, or in the
education and training of graduate or postgraduate students of
marriage and family therapy, and has spent the majority of the
time devoted to this activity in this State during the two years
preceding appointment.
          (2)     Three members shall be representatives of the
general public who have no direct affiliation with the practice
of marriage and family therapy.
     (b)  The appointment of any member of the Board shall
automatically terminate 30 days after the date the member is no
longer a resident of the State of North Carolina.
     (c)  The Governor shall fill any vacancy by appointment for
the unexpired term.
     (d)  Each member of the Board must be a citizen of this
State and must reside in a different congressional district in
this State. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.51.  Powers and duties.
     (a)  The Board shall administer and enforce this Article.
     (b)  Subject to the provisions of Chapter 150B of the
General Statutes, the Board may adopt, amend, or repeal rules to
administer and enforce this Article, including rules of
professional ethics for the practice of marriage and family
therapy.
     (c)  The Board shall examine and pass on the qualifications
of all applicants for licensure under this Article, and shall
issue a license to each successful applicant.
     (d)  The Board may adopt a seal which may be affixed to all
licenses issued by the Board.
     (e)  The Board may authorize expenditures to carry out the
provisions of this Article from the fees that it collects, but
expenditures may not exceed the revenues of the Board during any
fiscal year.
     (f)  The Board may employ, subject to the provisions of
Chapter 126 of the General Statutes, attorneys, experts, and
other employees as necessary to perform its duties. (1979, c.
697, s. 1; 1985, c. 223, s. 1; 1987, c. 827, s. 78; 1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.52.  License application.
     (a)  Each person desiring to obtain a license under this
Article shall apply to the Board upon the form and in the manner
prescribed by the Board. Each applicant shall furnish evidence
satisfactory to the Board that the applicant:
          (1)     Is of good moral character;
          (2)     Has not engaged or is not engaged in any
practice or conduct that would be a ground for denial,
revocation, or suspension of a license under G.S. 90-270.60;
          (3)     Is qualified for licensure pursuant to the
requirements of this Article.
     (b)  A license obtained through fraud or by any false
representation is void. (1979, c. 697, s. 1; 1985, c. 223, s. 1;
1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.53:  Repealed by Session Laws 1993 (Reg.
Sess., 1994), c. 564, s. 2.


 90-270.54. Requirements for license.
     (a)  Each applicant shall be issued a license by the Board
if the applicant meets the qualifications set forth in G.S. 90-
270.52(a) and provides satisfactory evidence to the Board that
the applicant:
          (1)     Meets educational and experience qualifications
as follows:
               a.     Educational requirements: Possesses a
minimum of a master's degree from a recognized educational
institution in the field of marriage and family therapy, or a
degree in an allied mental health field, which degree is
evidenced by the applicant's official transcripts which establish
that the applicant has completed an appropriate course of study
in an allied mental health field. An applicant with a degree in
an allied mental health field may meet the educational
requirements if the applicant presents satisfactory evidence of
post-master's or post-doctoral training taken in the field of
marriage and family therapy from a program recognized by the
Board regardless whether the training was taken at a nondegree
granting institution or in a nondegree program, as long as the
training, by itself or in combination with any other training, is
the equivalent in content and quality, as defined in the rules of
the Board, of a master's or doctoral degree in marriage and
family therapy;
               b.     Experience requirements: Has at least 1,500
hours of clinical experience in the practice of marriage and
family therapy, not more than 500 hours of which were obtained
while the candidate was a student in a master's degree program
and at least 1,000 of which were obtained after the applicant was
granted a degree in the field of marriage and family therapy or
an allied mental health field (with ongoing supervision
consistent with standards approved by the Board); and
          (2)     Passes an examination administered by the
Board.
     (b)  Any person who is a certified marriage and family
therapist on January 1, 1995, shall be deemed to be a licensed
marriage and family therapist as of that date. Valid and
unexpired certificates operate as licenses for the purposes of
this Article until the date set for renewal of the certificate,
at which time the Board shall issue the certificate holder a
license in accordance with G.S. 90-270.58. (1979, c. 697, s. 1;
1981, c. 611, s. 2; 1985, c. 223, s. 1; 1993 (Reg. Sess., 1994),
c. 564, s. 2.)


 90-270.55.  Examinations.
     The Board shall conduct an examination at least once a year
at a time and place designated by the Board. Examinations may be
written, oral, or both as determined by the Board. Examinations
shall include questions in theoretical and applied fields to test
an applicant's knowledge and competence to engage in the practice
of marriage and family therapy. The Board shall set the passing
score for examinations. Any person who fails an examination
conducted by the Board shall not be admitted to a subsequent
examination for a period of at least six months. (1979, c. 697,
s. 1; 1985, c. 223, s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.55A.  Temporary license.
     The Board shall issue a nonrenewable temporary license to a
person applying for licensure under G.S. 90-270.54 for a period
not to exceed the lesser of one year or the date next scheduled
for issuance of new licenses pursuant to G.S. 90-270.54 upon a
finding that the person substantially meets the education and
experience requirements of G.S. 90-270.54(a)(1). No temporary
license shall be issued to a person who has failed an examination
administered under G.S. 90-270.55. Recipients of temporary
licenses have all the rights, duties, and obligations of
permanent licensees, except that the Board shall limit by rule
the practice of marriage and family therapy by temporary
licensees. (1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.56.  Reciprocal licenses.
     The Board shall issue a license by reciprocity to any person
who applies for the license as prescribed by the Board and who is
licensed or certified as a marriage and family therapist in
another state whose requirements for the license or certificate
are equivalent to or exceed the requirements of this State.
(1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg. Sess., 1994),
c. 564, s. 2.)


 90-270.57.  Fees.
     In order to fund the Board's activities under this Article,
the Board may charge and collect fees not exceeding the
following:
          (1)     Each license examination     $50.00
          (2)     Each license application     150.00
          (3)     Each renewal of license     100.00
          (4)     Each reciprocal license application     150.00
          (5)     Each reinstatement of an expired license
125.00
          (6)     Each application to return to active status
125.00.
     In addition to the examination fee provided in subdivision
(1) of this section, the Board may charge and collect from each
applicant for license examination the cost of test materials.
     The Board is authorized to return all or a portion of fees
paid in cases where the applicant is ineligible or in cases of
undue hardship. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1989, c.
581, s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2.


 90-270.58.  Renewal of license.
     All licenses issued under this Article shall expire
automatically on the first day of July of each year. The Board
shall renew a license upon (i) completion of the continuing
education requirements of G.S. 90-270.58B and (ii) payment of the
renewal fee. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1989, c.
581, s. 2; 1993 (Reg. Sess., 1994), c. 564, s. 2.)


 90-270.58A.  Reinstatement after
expiration.
     A person whose license has expired may have the license
reinstated as prescribed by the Board. The Board shall charge and
collect a fee for reinstatement of the license. (1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.58B.  Inactive status.
     (a)  A person who holds a valid and unexpired license and
who is not actively engaged in the practice of marriage and
family therapy may apply to the Board to be placed on inactive
status. A person on inactive status shall not be required to pay
annual renewal fees.
     (b)  A person on inactive status shall not practice or hold
himself out as practicing marriage and family therapy or perform
any other activities prohibited by this Article.
     (c)  A person desiring to return to active status shall
submit written application to the Board. The Board shall return
the person to active status upon payment of the fee specified in
G.S. 90-270.57 and upon such showing of competency to resume
practice as the Board may require. (1993 (Reg. Sess., 1994), c.
564, s. 2.)


 90-270.58C.  Continuing education
requirements.
     The Board shall prescribe continuing education requirements
for licensees. These requirements shall be designed to maintain
and improve the quality of professional services in marriage and
family therapy provided to the public, to keep the licensee
knowledgeable of current research, techniques, and practice, and
to provide other resources that will improve skill and competence
in marriage and family therapy. The number of hours of continuing
education shall not exceed the number of hours available that
year in Board-approved courses within the State. The Board may
waive these continuing education requirements for not more than
12 months, but only upon the licensee's satisfactory showing to
the Board of undue hardship. (1993 (Reg. Sess., 1994), c. 564, s.
2.)


 90-270.59.  Disposition of funds.
     All moneys received by the Board shall be used to implement
this Article. (1979, c. 697, s. 1; 1985, c. 223, s. 1; 1993 (Reg.
Sess., 1994), c. 564, s. 2.)


 90-270.60.  Denial, revocation, or suspension
of license.
     (a)  Grounds for Denial, Revocation, or Suspension. -- The
Board may deny, revoke, or suspend a license granted pursuant to
this Article on any of the following grounds:
          (1)     Conviction of a felony under the laws of the
United States or of any state of the United States.
          (2)     Conviction of any crime, an essential element
of which is dishonesty, deceit, or fraud.
          (3)     Fraud or deceit in obtaining a license as a
marriage and family therapist.
          (4)     Dishonesty, fraud or gross negligence in the
practice of marriage and family therapy.
          (5)     Violation of any rule of professional ethics
and professional conduct adopted by the Board.
     (b)  Any disciplinary action taken shall be in accordance
with Chapter 150B of the General Statutes. (1979, c. 697, s. 1;
1985, c. 223, s. 1; 1987, c. 827, s. 1; 1993 (Reg. Sess., 1994),
c. 564, s. 2.)


 90-270.61.  Penalties.
     Any person not licensed as a marriage and family therapist
under this Article who engages in the practice of marriage and
family therapy, or holds himself or herself out to be a marriage
or family therapist or engaged in marriage and family therapy in
violation of this Article is guilty of a Class 2 misdemeanor.
(1979, c. 697, s. 1; 1985, c. 223, ss. 1, 1.1; 1993 (Reg. Sess.,
1994), c. 564, s. 2.)


 90-270.62.  Injunction.
     As an additional remedy, the Board may proceed in a superior
court to enjoin and restrain any person without a valid license
from violating the prohibitions of this Article. The Board shall
not be required to post bond to such proceeding. (1979, c. 697,
s. 1; 1985, c. 223, s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2.)

90-270.63, 90-270.64. Reserved for future codification
purposes.


                      ARTICLE 18D. 

                  Occupational Therapy. 


90-270.65. Title.
     This Article shall be known as the "North Carolina
Occupational Therapy Practice Act." (1983 (Reg. Sess., 1984), c.
1073, s. 1.)

90-270.66. Declaration of purpose.
     The North Carolina Occupational Therapy Practice Act is
enacted to safeguard the public health, safety and welfare, to
protect the public from being harmed by unqualified persons, to
assure the highest degree of professional care and conduct on the
part of occupational therapists and occupational therapist
assistants, to provide for the establishment of standards of
education, and to insure the availability of occupational therapy
services of high quality to persons in need of such services. It
is the purpose of this Article to provide for the regulation of
persons offering occupational therapy services to the public.
(1983 (Reg. Sess., 1984), c. 1073, s. 1.)

 90-270.67. Definitions.
     As used in this Article, unless the context clearly requires
a different meaning:
          (1)     "Board" means the North Carolina Board of
Occupational Therapy.
          (2)     "Occupational therapist" means an individual
licensed in good standing to practice occupational therapy as
defined in this Article.
          (3)     "Occupational therapist assistant" means an
individual licensed in good standing to assist in the practice of
occupational therapy under this Article, who performs activities
commensurate with his education and training under the
supervision of a licensed occupational therapist.
          (4)     "Occupational therapy" means a health care
profession providing evaluation, treatment and consultation to
help individuals achieve a maximum level of independence by
developing skills and abilities interfered with by disease,
emotional disorder, physical injury, the aging process, or
impaired development. Occupational therapists use purposeful
activities and specially designed orthotic and prosthetic devices
to reduce specific impairments and to help individuals achieve
independence at home and in the work place.
          (5)     "Person" means any individual, partnership,
unincorporated organization, or corporate body, except that only
an individual may be licensed under this Article. (1983 (Reg.
Sess., 1984), c. 1073, s. 1; 1989, c. 256, s. 1, c. 770, s. 46.)

 90-270.68.  Establishment of Board, terms of
members, meetings, compensation.
     The North Carolina Board of Occupational Therapy is created.
The Board shall have six members.  All members shall be appointed
by the Governor and shall be residents of this State at the time
of and during their appointment.  Three members shall be
occupational therapists and one shall be an occupational
therapist assistant; each of these members shall have practiced,
taught, or engaged in research in occupational therapy for at
least three of the five years immediately preceding appointment
to the Board.  The fifth board member shall be a physician
licensed to practice medicine; and the sixth board member shall
represent the public at large and shall be a person who is not
licensed under this Chapter.  The medical doctor, occupational
therapists, and occupational therapist assistant shall be
appointed by the Governor from a list compiled by the North
Carolina Occupational Therapy Association, Inc., following the
use of a nomination procedure made available to all occupational
therapists and occupational therapist assistants licensed and
residing in North Carolina.  In soliciting nominations and
compiling its list, the Association shall give consideration to
geographic distribution, clinical specialty, and other factors
that will promote representation of all aspects of occupational
therapy practice.  The records of the nomination procedures shall
be filed with the Board and made available for a period of six
months following nomination for reasonable inspection by any
licensed practitioner of occupational therapy.  In the event that
a member of the Board cannot complete a term of office, the
vacancy shall be filled by appointment by the Governor, in
accordance with the procedures set forth in this section, for the
remainder of the unexpired term.
     Each year the Board shall meet and designate a chairman and
a secretary-treasurer from among its members.  The Board may hold
additional meetings upon call of the chairman or any two board
members.  A majority of the Board membership shall constitute a
quorum.
     Members of the Board shall receive no compensation for their
services, but shall be entitled to travel, per diem, and other
expenses authorized by G.S. 93B-5. (1983 (Reg. Sess., 1984), c.
1073, s. 1; 1989, c. 256, s. 2.)

 90-270.69. Powers and duties of the Board.
     The Board shall have the following powers and duties:
      (1) Examine and determine the qualifications and fitness of
     applicants for licensure to practice occupational therapy in
                                                      this State;
(2) Conduct investigations, subpoena individuals and records, and
   do all other things necessary and proper to discipline persons
         licensed under this Article and to enforce this Article;
(3) Issue and renew, and deny, suspend, revoke or refuse to issue
                         or renew any license under this Article;
  (4) Adopt, amend, or repeal any reasonable rules or regulations
   necessary to carry out the purposes of this Article, including
       but not limited to rules establishing ethical standards of
                                                        practice;
      (5) Employ professional, clerical, investigative or special
 personnel necessary to carry out the provisions of this Article,
       and purchase or rent office space, equipment and supplies;
 (6) Adopt a seal by which it shall authenticate its proceedings,
                                  official records, and licenses;
   (7) 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;
  (8) Establish reasonable fees for applications for examination;
   initial, provisional, and renewal licenses; and other services
                                           provided by the Board;
 (9) Submit an annual report to the Governor and General Assembly
  of all its official actions during the preceding year, together
   with any recommendations and findings regarding improvement of
                          the profession of occupational therapy;
       (10) Publish and make available upon request the licensure
        standards prescribed under this Article and all rules and
                            regulations established by the Board;
     (11) Approve educational curricula and field work experience
      accredited by the American Medical Association and American
   Occupational Therapy Association for persons seeking licensure
     under this Article. (1983 (Reg. Sess., 1984), c. 1073, s. 1;
                                        1987, c. 827, ss. 1, 77.)

90-270.70. Requirements for licensure.
     Any individual who desires to be licensed as an occupational
therapist or occupational therapist assistant shall file a
written application with the Board on forms provided by the
Board, showing to the satisfaction of the Board that the
applicant:
                              (1) Is of good moral character; and
   (2) Has passed an examination by the Board as provided in this
                                                         Article.
     Applicants for licensure as an occupational therapist must
also have successfully completed an accredited occupational
therapy educational curriculum and supervised field work
experience of at least six months' duration. Applicants for
licensure as an occupational therapist assistant must also have
successfully completed an accredited occupational therapy
assistant educational curriculum and supervised field work
experience of at least two months' duration. (1983 (Reg. Sess.,
1984), c. 1073, s. 1.)

90-270.71. Examination.
     (a) Applicants for licensure under this Article shall file
an application at least 60 days before the date of an
examination, upon a form and in such a manner as the Board shall
prescribe. The application shall be accompanied by the fee
prescribed under G.S. 90- 270.77, and no portion of the fee shall
be refundable. Any applicant who fails an examination may apply
for reexamination upon payment of the fee prescribed under G.S.
90-270.77.
     (b) Each applicant for licensure under this Article shall
take a written examination on subjects including anatomy;
physiology; kinesiology; psychology; sociology; human growth and
development; neuroanatomy; neurophysiology; anthropology;
occupational therapy theory and practice, including the
applicant's professional skills and judgment in the utilization
of occupational therapy techniques and methods; and such other
related subjects as the Board may deem useful to determine the
applicant's fitness to practice. The Board shall establish
standards for acceptable performance on the examination.
     (c) Applicants for licensure shall be examined at a time and
place  and under such supervision as the Board may determine.
Examinations shall be given at least twice each year within this
State.
     (d) Applicants may obtain their examination scores and may
review their papers in accordance with such rules as the Board
may establish. (1983 (Reg. Sess., 1984), c. 1073, s. 1.)

90-270.72. Exemption from requirements.
     (a) The Board shall waive the examination, education, and
field work requirements of G.S. 90-270.70 and shall grant a
license to any applicant who presents evidence satisfactory to
the Board that he or she has been engaged in the practice of
occupational therapy as an  occupational therapist or
occupational therapist assistant before September 1, 1984. Proof
of such actual practice shall be presented to the Board as
established by regulation. To qualify for exemption under this
section, the applicant shall file an application for licensure no
later than September 1, 1985.
     (b) The Board may grant a license without examination to any
applicant who presents proof satisfactory to the Board of current
licensure as an occupational therapist or occupational therapist
assistant in another state or the District of Columbia, provided
the other jurisdiction's licensure standards are considered by
the Board to be substantially equivalent to or higher than those
prescribed in this Article. (1983 (Reg. Sess., 1984), c. 1073, s.
1.)

90-270.73. Issuance of license.
     (a) The Board shall issue a license to any individual who
meets the requirements of this Article upon payment of the
license fee prescribed in G.S. 90-270.77.
     (b) Any individual licensed as an occupational therapist
under this Article may use the words "occupational therapist" and
may use the letters "O.T." or "O.T.R./L." in connection with his
name or place of business.
     (c) Any individual licensed as an occupational therapist
assistant  under this Article may use the words "occupational
therapist assistant" and may use the letter "O.T.A." or
"C.O.T.A./L." in connection with his name or place of business.
(1983 (Reg. Sess., 1984), c. 1073, s. 1.)

90-270.74. Provisional licenses.
     The Board may grant a provisional license for a period not
exceeding nine months to any individual who has successfully
completed the educational and field work experience requirements
and has made application to take the examination required under
G.S. 90-270.70. A provisional license shall allow the individual
to practice as an occupational therapist or occupational
therapist assistant under the supervision of an occupational
therapist licensed in this State and shall be valid until revoked
by the Board. A provisional license shall not be issued to
applicant who has failed the examination in this State or another
jurisdiction. (1983 (Reg. Sess., 1984), c. 1073, s. 1.)

 90-270.75. Renewal of license.
     (a) Licenses issued under this Article shall be subject to
annual renewal upon completion of such continuing education
requirements as may be required by the Board, upon the payment of
a renewal fee specified under G.S. 90-270.77 and in compliance
with this Article, and shall expire unless renewed in the manner
prescribed by the Board. The Board may provide for the late
renewal of a license upon the payment of a late fee in accordance
with G.S. 90-270.77, but no such late renewal may be granted more
than five years after a license expires.
     (b) A suspended license is subject to expiration and may be
renewed as provided in this section, but such renewal shall not
entitle the licensee to engage in the licensed activity or in any
other conduct or activity in violation of the order or judgment
by which the license was suspended until the license is
reinstated. If a license revoked on disciplinary grounds is
reinstated, the licensee shall pay the renewal fee and any late
fee that may be applicable. (1983 (Reg. Sess., 1984), c. 1073, s.
1; 1989, c. 256, s. 3.)

 90-270.76.  Suspension, revocation and refusal
to renew license.
     (a)  The Board may deny or refuse to renew a license, may
suspend or revoke a license, or may impose probationary
conditions on a license if the licensee or applicant for
licensure has engaged in any of the following conduct:
          (1)     Employment of fraud, deceit or
misrepresentation in obtaining or attempting to obtain a license,
or the renewal thereof;
          (2)     Conviction of or a plea of guilty or
nolo contendere to any crime involving moral
turpitude;
          (3)     Adjudication of insanity or incompetency, until
proof of recovery from the condition can be established;
          (4)     Engaging in any act or practice violative of
any of the provisions of this Article or any rule or regulation
adopted by the Board hereunder, or aiding, abetting or assisting
any person in such a violati