Current through Register Vol. 39, No. 6, September 16, 2024
(a) After notice
and hearing in accordance with provisions of G.S. 150B, Article 3A,
disciplinary action may be taken by the appropriate Board if one or more of the
following is found:
(1) violation of
G.S.
90-18 and
G.S.
90-18.2 or the joint rules adopted by each
Board;
(2) immoral or dishonorable
conduct pursuant to and consistent with
G.S.
90-14(a)(1);
(3) any submissions to either Board pursuant
to and consistent with
G.S.
90-14(a)(3);
(4) the nurse practitioner is adjudicated
mentally incompetent or the nurse practitioner's mental or physical condition
renders the nurse practitioner unable to safely function as a nurse
practitioner pursuant to and consistent with
G.S.
90-14(a)(5) and
G.S.
90-171.37(3);
(5) unprofessional conduct by reason of
deliberate or negligent acts or omissions and contrary to the prevailing
standards for nurse practitioners in accordance and consistent with
G.S.
90-14(a)(6) and
G.S.
90-171.35(5);
(6) Conviction in any court of a criminal
offense in accordance and consistent with
G.S.
90-14(a)(7) and
G.S.
90-171.37(2) and
G.S.
90-171.48;
(7) payments for the nurse practitioner
practice pursuant to and consistent with
G.S.
90-14(a)(8);
(8) lack of professional competence as a
nurse practitioner pursuant to and consistent with
G.S.
90-14(a)(11);
(9) exploiting the client pursuant to and
consistent with
G.S.
90-14(a)(12) including the
promotion of the sale of services, appliances, or drugs for the financial gain
of the practitioner or of a third party;
(10) failure to respond to inquiries which
may be part of a joint protocol between the Board of Nursing and Medical Board
for investigation and discipline pursuant to and consistent with
G.S.
90-14(a)(14);
(11) the nurse practitioner has held himself
or herself out or permitted another to represent the nurse practitioner as a
licensed physician; or
(12) the
nurse practitioner has engaged or attempted to engage in the performance of
medical acts other than according to the collaborative practice
agreement.
(b) The nurse
practitioner is subject to
G.S.
90-171.37;
90-171.48 and
21 NCAC
36 .0217 by virtue of the license to practice
as a registered nurse.
(c) After an
investigation is completed, the joint subcommittee of both boards may recommend
one of the following:
(1) dismiss the
case;
(2) issue a private letter of
concern;
(3) enter into negotiation
for a Consent Order; or
(4) a
disciplinary hearing in accordance with G.S. Chapter 150B, Article 3A. If a
hearing is recommended, the joint subcommittee shall also recommend whether the
matter should be heard by the Board of Nursing or the Medical Board.
(d) Upon a finding of violation,
each Board may utilize the range of disciplinary options as enumerated in
G.S.
90-14(a) or
G.S.
90-171.37.
Authority
G.S.
90-18(14);
90-171.37;
90-171.44;
90-171.47;
Eff.
February 1, 1991;
Recodified from
21 NCAC
32M .0107 Eff. January 1, 1996;
Amended Eff. August 1, 2004; May 1, 1999; January 1, 1996;
Recodified from Rule .0111 Eff. August 1, 2004;
Amended Eff. April
1, 2007;
Pursuant to
G.S.
150B-21.3A rule is necessary without
substantive public interest Eff. March 1, 2016;
Amended Eff. April
1, 2020.
