§ 90-18. Practicing without license; penalties. - North Carolina Statutes

§ 90‑18.  Practicingwithout license; penalties.

(a)        No person shallperform any act constituting the practice of medicine or surgery, as defined inthis Article, or any of the branches thereof, unless the person shall have beenfirst licensed and registered so to do in the manner provided in this Article,and if any person shall practice medicine or surgery without being dulylicensed and registered, as provided in this Article, the person shall not beallowed to maintain any action to collect any fee for such services. The personso practicing without license shall be guilty of a Class 1 misdemeanor, exceptthat if the person so practicing without a license is an out‑of‑statepractitioner who has not been licensed and registered to practice medicine orsurgery in this State, the person shall be guilty of a Class I felony.

(b)        Repealed by SessionLaws 2007‑346, s. 23, effective October 1, 2007.

(c)        The following shallnot constitute practicing medicine or surgery as defined in this Article:

(1)        The administrationof domestic or family remedies.

(2)        The practice ofdentistry by any legally licensed dentist engaged in the practice of dentistryand dental surgery.

(3)        The practice ofpharmacy by any legally licensed pharmacist engaged in the practice of pharmacy.

(3a)      The provision of drugtherapy management by a licensed pharmacist engaged in the practice of pharmacypursuant to an agreement that is physician, pharmacist, patient, and diseasespecific when performed in accordance with rules and rules developed by a jointsubcommittee of the North Carolina Medical Board and the North Carolina Boardof Pharmacy and approved by both Boards. Drug therapy management shall bedefined as: (i) the implementation of predetermined drug therapy which includesdiagnosis and product selection by the patient's physician; (ii) modificationof prescribed drug dosages, dosage forms, and dosage schedules; and (iii)ordering tests; (i), (ii), and (iii) shall be pursuant to an agreement that isphysician, pharmacist, patient, and disease specific.

(4)        The practice ofmedicine 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 thesick or suffering by mental or spiritual means without the use of any drugs orother material means.

(6)        The practice ofoptometry by any legally licensed optometrist engaged in the practice ofoptometry.

(7)        The practice ofmidwifery as defined in G.S. 90‑178.2.

(8)        The practice ofpodiatric medicine and surgery by any legally licensed podiatric physician whenengaged in the practice of podiatry as defined in Article 12A of this Chapter.

(9)        The practice ofosteopathy by any legally licensed osteopath when engaged in the practice ofosteopathy as defined by law, and especially G.S. 90‑129.

(10)      The practice ofchiropractic by any legally licensed chiropractor when engaged in the practiceof chiropractic as defined by law, and without the use of any drug or surgery.

(11)      The practice ofmedicine or surgery by any nonregistered reputable physician or surgeon whocomes into this State, either in person or by use of any electronic or othermediums, on an irregular basis, to consult with a resident registered physicianor to consult with personnel at a medical school about educational or medicaltraining. This proviso shall not apply to physicians resident in a neighboringstate and regularly practicing in this State.

(11a)    The practice ofmedicine or surgery by any physician who comes into this State to practicemedicine or surgery so long as:

a.         The physician orsurgeon has an oral or written agreement with a sports team to provide generalor emergency medical care to the team members, coaching staff, or familiestraveling with the team for a specific sporting event taking place in thisState; and

b.         The physician orsurgeon does not provide care or consultation to any person residing in thisState other than an individual described in sub‑subdivision a. of thissubdivision.

Theexemption shall remain in force while the physician or surgeon is travelingwith the team. The exemption shall not exceed 10 days per individual sportingevent. However, the executive director of the Board may grant a physician orsurgeon additional time for exemption of up to 20 additional days perindividual sporting event.

(12)      Any person practicingradiology as hereinafter defined shall be deemed to be engaged in the practiceof medicine within the meaning of this Article. "Radiology" shall bedefined as, that method of medical practice in which demonstration andexamination of the normal and abnormal structures, parts or functions of thehuman body are made by use of X ray. Any person shall be regarded as engaged inthe practice of radiology who makes or offers to make, for a consideration, ademonstration or examination of a human being or a part or parts of a humanbody by means of fluoroscopic exhibition or by the shadow imagery registeredwith photographic materials and the use of X rays; or holds himself out todiagnose or able to make or makes any interpretation or explanation by word ofmouth, writing or otherwise of the meaning of such fluoroscopic or registeredshadow imagery of any part of the human body by use of X rays; or who treatsany disease or condition of the human body by the application of X rays orradium. Nothing in this subdivision shall prevent the practice of radiology byany person licensed under the provisions of Articles 2, 7, 8, and 12A of thisChapter.

(13)      The performance ofany medical acts, tasks, and functions by a licensed physician assistant at thedirection or under the supervision of a physician in accordance with rulesadopted by the Board. This subdivision shall not limit or prevent any physicianfrom delegating to a qualified person any acts, tasks, and functions that areotherwise permitted by law or established by custom. The Board shall authorizephysician assistants licensed in this State or another state to performspecific medical acts, tasks, and functions during a disaster.

(14)      The practice ofnursing by a registered nurse engaged in the practice of nursing and theperformance of acts otherwise constituting medical practice by a registerednurse when performed in accordance with rules and regulations developed by ajoint subcommittee of the North Carolina Medical Board and the Board of Nursingand adopted by both boards.

(15)      The practice of dietectic/nutritionby a licensed dietitian/nutritionist under the provisions of Article 25 of thisChapter.

(16)      The practice ofacupuncture by a licensed acupuncturist in accordance with the provisions ofArticle 30 of this Chapter.

(17)      The use of anautomated external defibrillator as provided in G.S. 90‑21.15.

(18)      The practice ofmedicine by any nonregistered physician residing in another state or foreigncountry who is contacted by one of the physician's regular patients fortreatment by use of the Internet or a toll‑free telephone number whilethe physician's patient is temporarily in this State.

(19)      The practice ofmedicine or surgery by any physician who comes into this State to practicemedicine or surgery at a camp that specializes in providing therapeuticrecreation for individuals with chronic illnesses, as long as all the followingconditions are satisfied:

a.         The physicianprovides documentation to the medical director of the camp that the physicianis licensed and in good standing to practice medicine in another state.

b.         The physicianprovides services only at the camp or in connection with camp events or campactivities that occur off the grounds of the camp.

c.         The physicianreceives no compensation for the services.

d.         The physicianprovides those services within this State for no more than 30 days per calendaryear.

e.         The camp has amedical director who holds an unrestricted license to practice medicine andsurgery issued under this Article.

(20)      The provision ofanesthesia services by a licensed anesthesiologist assistant under thesupervision of an anesthesiologist licensed under Article 1 of this Chapter inaccordance with rules adopted by the Board. (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; 1999‑290, s. 2; 2000‑113, s. 2; 2001‑27, s. 2; 2003‑109,s. 1; 2005‑415, s. 2; 2007‑146, s. 3; 2007‑346, s. 23.)