§ 90-652. Powers and duties of the Board. - North Carolina Statutes

§ 90‑652.  Powers andduties of the Board.

The Board shall have the powerand duty to:

(1)        Determine thequalifications and fitness of applicants for licensure, renewal of licensure,and reciprocal licensure. The Board shall, in its discretion, investigate thebackground of an applicant to determine the applicant's qualifications with dueregard given to the applicant's competency, honesty, truthfulness, andintegrity. The Department of Justice may provide a criminal record check to theBoard for a person who has applied for a license through the Board. The Boardshall provide to the Department of Justice, along with the request, thefingerprints of the applicant, any additional information required by theDepartment of Justice, and a form signed by the applicant consenting to thecheck of the criminal record and to the use of the fingerprints and otheridentifying information required by the State or national repositories. Theapplicant's fingerprints shall be forwarded to the State Bureau ofInvestigation for a search of the State's criminal history record file, and theState Bureau of Investigation shall forward a set of the fingerprints to theFederal Bureau of Investigation for a national criminal history check. TheBoard shall keep all information pursuant to this subdivision privileged, inaccordance with applicable State law and federal guidelines, and theinformation shall be confidential and shall not be a public record underChapter 132 of the General Statutes. The Board shall collect any fees requiredby the Department of Justice and shall remit the fees to the Department ofJustice for expenses associated with conducting the criminal history recordcheck.

(2)        Establish and adoptrules necessary to conduct its business, carry out its duties, and administerthis Article.

(3)        Adopt and publish acode of ethics.

(4)        Deny, issue,suspend, revoke, and renew licenses in accordance with this Article.

(5)        Conductinvestigations, subpoena individuals and records, and do all other thingsnecessary and proper to discipline persons licensed under this Article and toenforce this Article.

(6)        Employ professional,clerical, investigative, or special personnel necessary to carry out theprovisions of this Article and purchase or rent office space, equipment, andsupplies.

(7)        Adopt a seal bywhich it shall authenticate its proceedings, official records, and licenses.

(8)        Conductadministrative hearings in accordance with Article 3A of Chapter 150B of theGeneral Statutes.

(9)        Establish certainreasonable fees as authorized by this Article for applications for examination,licensure, provisional licensure, renewal of licensure, and other servicesprovided by the Board.

(10)      Submit an annualreport to the North Carolina Medical Board, the North Carolina HospitalAssociation, the North Carolina Society of Respiratory Care, the Governor, andthe General Assembly of all the Board's official actions during the precedingyear, together with any recommendations and findings regarding improvements ofthe practice of respiratory care.

(11)      Publish and makeavailable upon request the licensure standards prescribed under this Articleand all rules adopted pursuant to this Article.

(12)      Request and receivethe assistance of State educational institutions or other State agencies.

(13)      Establish and approvecontinuing education requirements for persons seeking licensure under thisArticle. (2000‑162,s. 1; 2003‑384, s. 2; 2004‑89, s. 1.)