§ 90-171.37. Revocation, discipline, suspension, probation, or denial of licensure. - North Carolina Statutes

§ 90‑171.37. Revocation, discipline, suspension, probation, or denial of licensure.

The Board may initiate aninvestigation upon receipt of information about any practice that might violateany provision of this Article or any rule or regulation promulgated by theBoard. In accordance with the provisions of Chapter 150B of the GeneralStatutes, the Board shall have the power and authority to: (i) refuse to issuea license to practice nursing; (ii) refuse to issue a certificate of renewal ofa license to practice nursing; (iii) revoke or suspend a license to practicenursing; and (iv) invoke other such disciplinary measures, censure, orprobative terms against a licensee as it deems fit and proper; in any instanceor instances in which the Board is satisfied that the applicant or licensee:

(1)        Has given falseinformation or has withheld material information from the Board in procuring orattempting to procure a license to practice nursing.

(2)        Has been convictedof or pleaded guilty or nolo contendere to any crime which indicates that thenurse is unfit or incompetent to practice nursing or that the nurse hasdeceived or defrauded the public.

(3)        Has a mental orphysical disability or uses any drug to a degree that interferes with his orher fitness to practice nursing.

(4)        Engages in conductthat endangers the public health.

(5)        Is unfit orincompetent to practice nursing by reason of deliberate or negligent acts oromissions regardless of whether actual injury to the patient is established.

(6)        Engages in conductthat deceives, defrauds, or harms the public in the course of professionalactivities or services.

(7)        Has violated anyprovision of this Article.

(8)        Has willfullyviolated any rules enacted by the Board.

The Board may take any of theactions specified above in this section when a registered nurse approved toperform medical acts has violated rules governing the performance of medicalacts by a registered nurse; provided this shall not interfere with theauthority of the North Carolina Medical Board to enforce rules and regulationsgoverning the performance of medical acts by a registered nurse.

The Board may reinstate arevoked license, revoke censure or probative terms, or remove other licensurerestrictions when it finds that the reasons for revocation, censure orprobative terms, or other licensure restrictions no longer exist and that thenurse or applicant can reasonably be expected to safely and properly practicenursing.  (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; 2001‑98, s. 4; 2009‑133,s. 4.)