§ 90-516. Unlawful acts. - North Carolina Statutes

§ 90‑516.  Unlawfulacts.

(a)        No person shall practice or offer to practice as a CertifiedIndustrial Hygienist, use any advertisement, business card, or letterhead ormake any other verbal or written communication that the person is a CertifiedIndustrial Hygienist or acquiesce in such a representation unless that personis certified by the American Board of Industrial Hygiene.

(b)        No person shall practice or offer to practice as anIndustrial Hygienist in Training, use any advertisement, business card, orletterhead or make any other verbal or written communication that the person isan Industrial Hygienist in Training or acquiesce in such a representationunless that person is certified by the American Board of Industrial Hygiene.

(c)        A violation of this Article shall be punished as a Class 2misdemeanor.

(d)        Any person, including the Attorney General, may apply to thesuperior court for injunctive relief to restrain a person who has violated thisArticle from continuing these illegal practices. The court may grant injunctiverelief regardless of whether criminal prosecution or other action has been ormay be instituted as a result of the violation. In the court's consideration ofthe issue of whether to grant or continue an injunction sought under this subsection,a showing of conduct in violation of the terms of this Article shall besufficient to meet any requirement of general North Carolina injunction law forirreparable harm.

(e)        The venue for actions brought under this Article is thesuperior court of any county in which the illegal or unlawful acts are allegedto have been committed or in the county where the defendant resides.

(f)         Nothing in this Article shall be construed as authorizing aperson certified in accordance with this Article to engage in the practice ofengineering, nor to restrict or otherwise affect the rights of any personlicensed to practice engineering under Chapter 89C of the General Statutes;provided, however, that no person shall use the title "CertifiedIndustrial Hygienist" unless the person has complied with the provisionsof this Article. (1997‑195, s.1.)