§ 90-390. Refusal, suspension, or revocation of a certificate. - North Carolina Statutes

§ 90‑390.  Refusal,suspension, or revocation of a certificate.

(a)        A certificate applied for or issued under this Article maybe refused, suspended, revoked, or otherwise limited as provided in subsection(e) of this section by the Board upon proof that the applicant or person towhom a certificate was issued:

(1)        Has been convicted of a felony;

(2)        Has been convicted of a misdemeanor involving moralturpitude, misrepresentation or fraud in dealing with the public, or an offenserelevant to fitness to practice certified fee‑based pastoral counseling;

(3)        Has engaged in fraud or deceit in securing or attempting tosecure a certificate or the renewal of a certificate or has willfully concealedfrom the Board material information in connection with application for orrenewal of a certificate under this Article;

(4)        Is a habitual drunkard or is addicted to deleterious habit‑formingdrugs;

(5)        Has made fraudulent or misleading statements pertaining tohis education, licensure, professional credentials, or related to hisqualification or fitness for the practice of pastoral counseling;

(6)        Has had a license for the practice of pastoral counseling inany other state or any other country suspended or revoked;

(7)        Has been guilty of unprofessional conduct as defined by therelevant code of ethics published by the American Association of PastoralCounselors; or

(8)        Has violated any provision of this Article or the rules ofthe Board.

(b)        A certificate issued under this Article shall beautomatically suspended by the Board after failure to renew a certificate for aperiod of more than three months after the annual renewal date.

(c)        Except as otherwise provided in this Article, the procedurefor revocation, suspension, refusal, or other limitations of the certificateshall be in accordance with the provisions of Chapter 150B of the GeneralStatutes. In any proceeding or record of any hearing before the Board, and inany complaint or notice of charges against any certified fee‑basedpastoral counselor or certified fee‑based pastoral counseling associateand in any decision rendered by the Board, the Board shall endeavor to withholdfrom public disclosure the identity of any counselees or clients who have notconsented to the public disclosure of treatment by the certified fee‑basedpastoral counselor or certified fee‑based pastoral counseling associate.The Board may close a hearing to the public and receive in a closed sessionevidence concerning the treatment or delivery of pastoral counseling servicesto a counselee or a client who has not consented to public disclosure oftreatment or services, as may be necessary for the protection of thecounselee's or client's rights and the full presentation of relevant evidence.All records, papers, and documents containing information collected andcompiled by or on behalf of the Board as a result of investigations, inquiries,or interviews conducted in connection with certification or disciplinarymatters are not public records within the meaning of Chapter 132 of the GeneralStatutes. However, any notice or statement of charges against any certified fee‑basedpastoral counselor or certified fee‑based pastoral counseling associate,any notice to any certified fee‑based pastoral counselor or certified fee‑basedpastoral counseling associate of a hearing in any proceeding, or any decisionrendered in connection with a hearing in any proceeding is a public recordwithin the meaning of Chapter 132 of the General Statutes, except thatidentifying information concerning the treatment or delivery of services to acounselee or client who has not consented to the public disclosure of suchtreatment or services may be deleted. Any record, paper, or other documentcontaining information collected and compiled by or on behalf of the Board, asprovided in this section, that is received and admitted in evidence in anyhearing before the Board shall be a public record within the meaning of Chapter132 of the General Statutes, subject to any deletions of identifyinginformation concerning the treatment or delivery of pastoral counselingservices to a counselee or client who has not consented to public disclosure ofthe treatment or services.

(d)        The Board may reinstate a suspended certificate upon paymentby an applicant of a fee of twenty dollars ($20.00), and may require that theapplicant file a new application, submit to reexamination for reinstatement,and pay other authorized fees as required by the Board.

(e)        Upon proof that a certified fee‑based pastoralcounselor or certified fee‑based pastoral counseling associate certifiedunder this Article has engaged in any of the prohibited actions specified insubsection (a) of this section, the Board may, in lieu of refusal, suspension,or revocation, do any one or more of the following:

(1)        Issue a formal reprimand;

(2)        Formally censure the certified fee‑based pastoralcounselor or certified fee‑based pastoral counseling associate;

(3)        Place the certified fee‑based pastoral counselor orcertified fee‑based pastoral counseling associate on probation with anyconditions the Board may deem advisable; or

(4)        Limit or circumscribe the professional pastoral counselingservices provided by the certified fee‑based pastoral counselor or thecertified fee‑based pastoral counseling associate as the Board deemsadvisable.

(f)         The Board may impose conditions of probation orrestrictions on continued practice at the conclusion of a period of suspensionor as a condition for the restoration of a revoked or suspended certificate. In lieu of or in connection with any disciplinary proceedings or investigation,the Board may enter into a consent order relating to the discipline, censure,proceeding costs, probation, or limitations on the practice of a certified fee‑basedpastoral counselor or certified fee‑based pastoral counseling associate. (1991, c. 670, s. 1; 1993 (Reg. Sess., 1994), c. 570,s. 8.)