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NORTH CAROLINA STATUTES AND CODES

§ 90-171.23. Duties, powers, and meetings.

§ 90‑171.23.  Duties,powers, and meetings.

(a)        Meetings. The Boardshall hold at least two meetings each year to transact its business. The Boardshall adopt rules with respect to calling, holding, and conducting regular andspecial meetings and attendance at meetings. The majority of the Board membersconstitutes a quorum.

(b)        Duties, powers. TheBoard is empowered to:

(1)        Administer thisArticle.

(2)        Issue itsinterpretations of this Article.

(3)        Adopt, amend orrepeal rules and regulations as may be necessary to carry out the provisions ofthis Article.

(4)        Establishqualifications of, employ, and set the compensation of an executive officer whoshall be a registered nurse and who shall not be a member of the Board.

(5)        Employ and fix thecompensation of other personnel that the Board determines are necessary tocarry into effect this Article and incur other expenses necessary to effectuatethis Article.

(6)        Examine, license,and renew the licenses of duly qualified applicants for licensure.

(7)        Cause theprosecution of all persons violating this Article.

(8)        Establish standardsto 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)        Review all nursingprograms at least every eight years or more often as considered necessary bythe Board or program director.

(10)      Grant or denyapproval for nursing programs as provided in G.S. 90‑171.39.

(11)      Upon request, grantor deny approval of continuing education programs for nurses as provided inG.S. 90‑171.42.

(12)      Keep a record of allproceedings and make an annual summary of all actions available.

(13)      Appoint, asnecessary, advisory committees which may include persons other than Boardmembers to deal with any issue under study.

(14)      Appoint and maintaina subcommittee of the Board to work jointly with the subcommittee of the NorthCarolina Medical Board to develop rules and regulations to govern theperformance of medical acts by registered nurses and to determine reasonablefees to accompany an application for approval or renewal of such approval asprovided in G.S. 90‑8.2. The fees and rules developed by thissubcommittee shall govern the performance of medical acts by registered nursesand shall become effective when they have been adopted by both Boards.

(15)      Recommend and collectsuch fees for licensure, license renewal, examinations and reexaminations as itdeems necessary for fulfilling the purposes of this Article.

(16)      Adopt a sealcontaining the name of the Board for use on all certificates, licenses, andofficial reports issued by it.

(17)      Enter into interstatecompacts to facilitate the practice and regulation of nursing.

(18)      Establish programsfor aiding in the recovery and rehabilitation of nurses who experience chemicaladdiction or abuse or mental or physical disabilities and programs formonitoring such nurses for safe practice.

(18a)    Establish programs foraiding in the remediation of nurses who experience practice deficiencies.

(19)      Request that theDepartment of Justice conduct criminal history record checks of applicants forlicensure pursuant to G.S. 114‑19.11.

(20)      Adopt rules requiringan applicant to submit to the Board evidence of the applicant's continuingcompetence in the practice of nursing at the time of license renewal orreinstatement.

(21)      Proceed in accordancewith G.S. 90‑171.37A, notwithstanding G.S. 150B‑40(b), whenconducting a contested case hearing in accordance with Article 3A of Chapter150B of the General Statutes.

(22)      Designate one or moreof its employees to serve papers or subpoenas issued by the Board. Serviceunder this subdivision is permitted in addition to any other methods of servicepermitted by law.

(23)      Acquire, hold, rent,encumber, alienate, and otherwise deal with real property in the same manner asa private person or corporation, subject only to approval of the Governor andthe Council of State. Collateral pledged by the Board for an encumbrance islimited to the assets, income, and revenues of the Board.

(24)      Order the productionof any records concerning the practice of nursing relevant to a complaintreceived by the Board or an inquiry or investigation conducted by or on behalfof the Board.  (1981,c. 360, s. 1; c. 665, s. 2; c. 852, s. 4; 1995, c. 94, s. 28; 1997‑491,s. 1; 1999‑291, s. 1; 2001‑98, s. 3; 2001‑371, s. 3; 2003‑146,s. 3; 2005‑186, s. 1; 2007‑148, s. 1; 2009‑133, s. 1.)

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