NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 578

SENATE BILL 228

 

 

AN ACT TO REWRITE AND CONSOLIDATE ARTICLES 9 AND 9A OF CHAPTER 90 OF THE GENERAL STATUTES WITH RESPECT TO THE PRACTICE OF NURSING.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Articles 9 and 9A of Chapter 90 of the General Statutes are consolidated and rewritten to read as follows:

"ARTICLE 9.

"Nurse Practice Act.

"§ 90-158.101.  Definitions. As used in this Article:

(1)        'Registered nurse' means a person to whom the board has issued a certificate as 'registered nurse'.

(2)        'Licensed practical nurse' means a person to whom the board has issued a certificate as 'licensed practical nurse'.

(3)        'Nursing' is a unique service provided for persons who are ill, injured, or experiencing alterations in normal health processes; it is the ministering to, the assisting of, and the sustained, vigilant, and continuous care of those acutely or chronically ill; the supervision of patients during convalescence, restoration, and rehabilitation; and the promotion of health maintenance.

a.         Nursing by registered nurse: The practice of nursing by registered nurse means the performance for compensation of any act in the observation, care, and counsel of persons who are ill, injured, or experiencing alterations in normal health processes; and/or in the supervision and teaching of others who are or will be involved in nursing care; and/or the administration of medications and treatments as prescribed by a licensed physician or dentist. Nursing by registered nurse requires specialized knowledge, judgment, and skill, but does not require nor permit medical diagnosis or medical prescription of therapeutic or corrective measures. The use of skill and judgment is based upon an understanding of principles from the biological, social, and physical sciences. Nursing by registered nurse requires use of skills in modifying methods of nursing care and supervision as the patient's needs change.

b.         Nursing by licensed practical nurse: The practice of practical nursing means the performance for compensation of selected acts in the care of persons who are ill, injured, or experiencing alterations in normal health processes. Such performance requires a knowledge of and skill in simple nursing procedures, gained through prescribed preparation, but does not require the specialized knowledge, judgment, and skill essential for nursing by registered nurse. Practical nursing is performed under orders of a licensed physician or a licensed dentist, and/or under directions issued by a registered nurse.

(4)        'Board' means the North Carolina Board of Nursing.

(5)        'Certificate as registered nurse' means the initial certificate issued by the board following proof of qualifications.

(6)        'Certificate as licensed practical nurse' means the initial certificate issued by the board following proof of qualifications.

(7)        'License' means a license to practice nursing as a registered nurse or to practice practical nursing as a licensed practical nurse, including a renewal thereof.

(8)        'Licensee' means a holder of a current license to practice as a registered nurse or as a licensed practical nurse.

(9)        'Educational unit in nursing' or 'unit' means a program, department or school of nursing or a program of practical nurse education, any one or all of these.

"§ 90-158.102.  Composition of Board; Officers. (a) North Carolina Board of Nursing: There is hereby established the North Carolina Board of Nursing (hereinafter referred to as 'the board'), which shall consist of twelve members to be chosen as hereinafter provided.

Five members of the board shall be registered nurses who are licensed to practice in North Carolina, all five of whom shall be appointed by the Governor.

The members of the board shall be physicians, both of whom shall be appointed by the Governor.

Two members of the board shall be administrators of hospitals operating, or associated with, educational units in nursing, and both of whom shall be appointed by the Governor.

Three members of the board shall be licensed practical nurses who are licensed to practice in North Carolina, all three of whom shall be appointed by the Governor.

The licensed practical nurse members of the board shall participate only in such actions and functions of the board as shall affect the education, examination, licensure, and the practice of practical nurses.

The present members of the board shall continue in office until the expiration of their terms; and, thereafter, all regular appointments shall be for a term of four years.

An interim vacancy on the board shall be filled for the remainder of the unexpired term by appointment of the Governor.

The term of office of each member of the board shall continue until his or her successor is appointed and qualified.

(b)        Officers: The officers of the board shall be a chairman, a vice-chairman, and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each and until their successors shall have been elected and qualified.

(c)        Executive director: The board shall employ an executive director, who shall not be a member of the board, but who shall be a registered nurse, duly registered in North Carolina. The executive director shall perform such duties and functions as may be prescribed by the board and shall be responsible to the board for the performance of those duties and functions. The board shall fix the compensation of the executive director. The executive director shall serve as treasurer of the board and shall furnish surety bond approved by the board in such sum as it may prescribe, conditioned upon the true and faithful accounting for all funds of the board which may come into the hands, custody, or control of the executive director, which bond shall be made payable to the board. The board shall require a surety bond to be furnished by the executive director for each year of employment. The premium on said bond shall be regarded as a proper and necessary expense of the board. The surety bond executed and furnished for the faithful accounting of the executive director if continued or renewed from year to year by endosement or otherwise, shall be deemed to be a bond covering the faithful accounting of the executive director to the extent of the principal amount of the bond for each and every year during which the bond shall be renewed or continued in force, and the provisions of this subsection shall be a part of the contract, terms, and conditions of any such bond.

The board may employ legal counsel, accountants, and such employees, assistants, and agents as may be necessary in the opinion of the board to carry into effect this Article and may fix the compensation of such persons employed, and may incur other necessary expenses to effectuate this Article.

"§ 90-158.103.  Compensation of Members. The members of the board shall receive such per diem compensation and reimbursement for actual traveling and subsistence expenses as shall be fixed by the board.

"§ 90-158.104.  Expenses payable from fees collected by board. (a) All salaries, compensation, and expenses incurred or allowed for the purposes of carrying out this Article shall be paid by the board exclusively out of the fees received by the board as authorized by this Article, or funds received from other sources. In no case shall any salary, expense, or other obligation of the board be charged against the Treasury of the State of North Carolina. All moneys and receipts shall be kept in a special fund by and for the use of the board for the exclusive purpose of carrying out the provisions of this Article.

(b)        The schedule of fees shall not exceed the following rates:

Application for examination leading to certificate and

license as registered nurse…………………………….                     $20.00

Application for certificate and license as registered

nurse by endorsement…………………………………                      20.00

Application for each re-examination leading to

certificate and license as registered nurse…………….                         20.00

Renewal of license to practice as a registered nurse

(2-year period)……………………………………….                        5.00

Reinstatement of lapsed license to practice as a registered

nurse (Reinstatement fee of $5.00 plus current

renewal fee of $5.00)…………………………………                      10.00

Application for examination leading to certificate and license

as licensed practical nurse by examination       20.00……

Application for certificate and license as licensed

practical nurse by endorsement………………………                        20.00

Application for each re-examination leading

to certificate and license as licensed practical nurse…                           20.00

Renewal of license to practice as a licensed practical

nurse (2-year period)…………………………………                        5.00

Reinstatement of lapsed license to practice as a licensed

practical nurse (Reinstatement fee $5.00 plus current

renewal fee of $5.00)…………………………………                      10.00

Reasonable charges for duplication services and materials.

(c)        No refund of fees will be made.

"§ 90-158.105.  Official Seal; Rules and Regulations. The board shall adopt an official seal, which shall be affixed to all certificates and licenses issued by it. The board shall make such rules and regulations not inconsistent with law, as may be necessary to regulate its proceedings and otherwise to carry out the purposes of and enforce this Article.

"§ 90-158.106.  Meetings; Quorum; Power to Compel Attendance of Witnesses and to Take Testimony. The board shall hold at least one meeting each year for the purpose of considering and acting upon the accreditation of educational units in nursing, and for the transaction of its other business and affairs. The board shall adopt rules with respect to calling, holding, and conducting regular and special meetings. A majority of the members of the board shall constitute a quorum. The board may compel the attendance of witnesses and production of documents, and take testimony and proof concerning any matter within its jurisdiction, and for such purposes each member of the board may administer oaths according to law. Subpoenas shall be issued by the executive director and directed to any sheriff, constable or other officer authorized to serve process, who shall execute the same and make due return to the board.

"§ 90-158.107.  Custody and Use of Funds. All fees payable to the board shall be deposited by the executive director of the board in financial institutions designated by the board as official depositories for funds of the board, which funds shall be deposited in the name of the board and shall be used for payment of all expenses of the board in carrying out this Article and for promoting and extending nursing education in North Carolina, pursuant to board authorization. An annual audit of the accounts of the board shall be made by the State Auditor.

"§ 90-158.108.  Board May Accept Contributions, etc. The board may accept grants, contributions, devises, bequests, and gifts which shall be kept in a separate fund and shall be used by it in promoting and encouraging nurse recruitment and nurse education in this State, including the making of loans or gifts for the education of worthy student nurses.

"§ 90-158.109.  Nurses Registered Under Previous Law. Every person who on June 30, 1965, holds a certificate or license to practice nursing as a registered nurse or licensed practical nurse, issued by competent authority pursuant to the provisions of any statute heretofore providing for the certification and licensing of nurses in North Carolina, shall be deemed to be licensed as a registered nurse or licensed practical nurse under the provisions of this Article, but such person previously licensed shall comply with this Article with respect to the renewal of licenses.

"§ 90-158.110.  Practice as Registered Nurse and Licensed Practical Nurse Regulated. In order to safeguard life and health, any person practicing or offering to practice nursing as defined herein shall be required to submit evidence that he or she is qualified so to practice by virtue of a license with current renewal, issued by the North Carolina Board of Nursing. After December 31, 1965, any person not licensed under this Article who

(1)        practices or offers to practice nursing; or

(2)        uses any card, title, or abbreviation to indicate that such person is a registered nurse or licensed practical nurse, shall be guilty of a misdemeanor.

Nothing in this Article shall be construed in any way to prohibit or limit the performance by any person of such duties as specified mechanical acts in the physical care of a patient when such care and activities do not require the knowledge and skill required of a registered nurse or licensed practical nurse, or when such care and activities are performed under orders or directions of a licensed physician, licensed dentist or registered nurse.

"§ 90-158.111.  Licensure by Examination. At least once each year and at such other times as the board may determine, the board shall cause an examination to be given, at such time and place as may be fixed by the board, to applicants for a certificate and license to practice as a registered nurse or licensed practical nurse. The board shall give due publicity in advance as to each examination, including notice to all accredited educational units in nursing in the State, in order that qualified persons may become applicants. The board shall also notify each applicant of the time and place of each examination. The board may adopt regulations, not inconsistent with this Article, governing the furnishing of proof of qualifications of applicants, the conduct of applicants during the examination, and the conduct of the examination.

The applicant shall be required to pass a written examination approved and given by the board. When an applicant shall have passed such examination, as determined by the board, whose decision shall be final, the board shall issue to the applicant a certificate and a license to practice nursing as a registered nurse or licensed practical nurse. The form of the certificate shall be determined by the board.

"§ 90-158.112.  Scope of Examination. An applicant, qualified and admitted to the licensing examination, shall be examined on such knowledge of nursing and related material basic to nursing as the board may determine. In preparing and giving examinations, the board may use its own method of examination or a centralized examination service.

"§ 90-158.113.  Qualifications of Applicant for Examination. In order to be eligible for the examination, the applicant shall make written application to the board on forms furnished by the board and shall submit to the board an application fee and written evidence, verified by oath, sufficient to satisfy the board that the applicant meets the following qualifications and conditions:

(1)        For examination leading to certificate and license as registered nurse the applicant shall:

a.         be of good moral character;

b.         be a graduate of a high school accredited by the State agency charged by law with accrediting high schools, or shall have a high school education equivalent thereto as determined by the board;

c.         have completed the course of study and shall have graduated from an educational unit in nursing accredited by the board in accordance with this Article, or one accredited by the legal accrediting agency of another state or territory, the District of Columbia, or a foreign country, and satisfactory to the board.

(2)        For examination leading to certificate and license as licensed practical nurse, the applicant shall:

a.         be of good moral character;

b.         have completed at least the ninth grade of high school or the equivalent as determined by the board; and

c.         have completed the course of study and graduated from a program of practical nurse education accredited by the board in accordance with this Article, or one accredited by the legal accrediting agency of another state or territory, the District of Columbia, or a foreign country, and satisfactory to the board.

"§ 90-158.114.  Qualifications for Certificate and License as Registered Nurse or Licensed Practical Nurse without Examination. The board may, without examination, issue a certificate and a license to practice as a registered nurse or licensed practical nurse to an applicant who has been duly licensed as a registered nurse or licensed practical nurse under the laws of another state, territory, District of Columbia or foreign country, if in the opinion of the board the applicant is competent to practice as a registered nurse or licensed practical nurse in this State. The board may require such applicant to prove her competency and qualifications to practice as a registered nurse or licensed practical nurse in North Carolina. The decision of the board thereon shall be final.

"§ 90-158.115.  Re-examination. Any applicant who fails to pass the first licensure examination may take subsequent examinations. Before admission to such subsequent examination, the board may require the applicant to complete additional courses of study designated by the board.

"§ 90-158.116.  Renewal of License. The license of every person licensed under this Article shall biennially renewed, except as hereinafter provided. On or before the December 31 expiration date of the current license, every registered nurse or licensed practical nurse who desires to continue the practice of nursing shall file application for renewal of license on forms furnished by the board and shall file the required fee with completed application. At least sixty days prior to the December 31 expiration date, the board shall cause to be mailed an application for renewal of license for the biennium to every person who has received from the board a license to practice nursing as a registered nurse or a licensed practical nurse and who has a right to renewal of license under this Article. The application form for renewal of license shall be mailed to the last known address of such registered nurse or licensed practical nurse as it appears on the records of the board. It shall be the duty of every registered nurse and licensed practical nurse in North Carolina to keep the board informed of the current mailing address of such nurse, and the failure of the board to send or the failure of any nurse to receive an application form for renewal of license shall not excuse said nurse from the requirements for renewal of license herein contained. Upon return of application form and fee and verification of the accuracy thereof, the board shall issue to each entitled applicant a renewal of license to practice nursing for the period beginning January 1 and ending December 31 two years later. Such license shall render the holder thereof a legal practitioner for the period stated. Failure to renew the license as required by this Section shall result in the automatic forfeiture of the right to practice nursing in North Carolina.

Newly registered nurses and licensed practical nurses shall be issued a license without additional fee for the remainder of the calendar year of issuance of the original certificate.

For the biennium, 1966-1968, the board may issue up to one-half of the applicants, selected in the discretion of the board, a renewal of license to practice nursing for the period beginning January 1, 1966, and ending December 31, 1966, for a fee of two dollars and fifty cents ($2.50).

"§ 90-158.117.  Reinstatement. A licensee who has allowed license to lapse by failure to renew as herein provided may apply for reinstatement on a form provided by the board. The board shall require the applicant to return the completed application with the required fee and to furnish a statement of the reason for failure to apply for renewal prior to the deadline. If the license has lapsed for at least five years, the board may require the applicant to submit proof of competence to practice nursing. The board may require any applicant for reinstatement to satisfy the board that the license should be reinstated. If, in the opinion of the board, the applicant has so satisfied the board, it shall issue a renewal of license to practice nursing, or it shall issue a license to practice nursing for a limited time.

"§ 90-158.118.  Inactive List. (a) A licensee who desires to retire temporarily from the practice of nursing in North Carolina shall request inactive status on a form provided by the board. Upon receipt of the application, the board shall issue to the licensee a statement of inactive status, and shall place the name of the licensee on the inactive list. While remaining on the inactive list, the individual shall not be subject to renewal fees and shall not practice nursing in North Carolina.

(b)        If and when such person desires to be removed from the inactive list and returned to active status, an application shall be submitted on a form provided by the board, and the fee shall be paid for renewal of license. The board may require proof of competence to resume the practice of nursing, and if such proof is satisfactory to the board, the board shall return the applicant to active status and issue a license, or issue a license for a limited period.

"§ 90-158.119.  Revocation, Suspension, or Denial of License. The board may, after notice and hearing in accordance with the provisions of Chapter 150 of the General Statutes, revoke or suspend any license to practice nursing which has been issued by the board or any predecessor board, or deny any license which has been applied for in accordance with this Article, if the board shall determine upon findings of facts supported by competent evidence adduced at such hearing that such person:

(1)        Has practiced fraud or deceit in procuring or attempting to procure a license to practice nursing;

(2)        Has been convicted of a felony or any other crime involving moral turpitude;

(3)        Is guilty of gross immorality or dishonesty;

(4)        Is addicted to alcoholic or other drug habits to such a degree as to render him or her unfit or unworthy to practice nursing;

(5)        Is guilty of any unprofessional or dishonorable conduct unworthy of, and affecting, the practice of his or her profession;

(6)        Is unfit or incompetent to practice nursing by reason of negligence or habits;

(7)        Is mentally or physically incompetent to practice nursing.

"§ 90-158.120.  Standards for Educational Units in Nursing. The board shall:

(1)        Register as accredited such educational units in nursing as shall meet the requirements of this Article and of the board with respect to curricula and standards;

(2)        Prescribe standards for educational units in nursing which prepare persons for nursing and for the examination leading to certification as registered nurses or licensed practical nurses; the standards approved by the North Carolina Board of Nurse Registration and Nursing Education and North Carolina Board of Nurse Registration and Nursing Education Enlarged on May 30, 1963, shall be the prescribed standards; before making any substantive change in the standards, the board shall hold a hearing to consider any such change; and the board shall give all educational units in nursing at least thirty days' notice of the date and place of the hearing and of the proposed change;

(3)        Provide for surveys of such units for purposes of Evaluation and consultation at such times as it may deem necessary;

(4)        Evaluate and approve courses for affiliation; and

(5)        At intervals prepare and make a list, for public distribution, of educational units in nursing in this State approved by the board as meeting the requirements of this Article and of the board.

"§ 90-158.121.  Basic Requirements for Accreditation of an Educational Unit in Nursing. An educational unit in nursing in order to be accredited by the board shall meet the following standards and requirements:

(1)        An educational unit in nursing leading to licensure may be operated under the authority of a general hospital, an educational institution or agency, or any other authority satisfactory to and approved by the board.

(2)        The educational unit shall be conducted in connection with or by using resources of one or more general hospitals. Special hospitals and other resources may be used in addition to a general hospital.

(3)        The educational unit shall give instruction in the biological, social and physical sciences, and in nursing care of mothers and newborn infants, children, mentally ill patients, and those with common medical and surgical conditions. Educational units for practical nursing shall not be required to include instruction in the care of mentally ill patients.

(4)        The hospital or hospitals and /or other agencies with which the educational unit is affiliated shall provide clinical facilities so that each student may obtain the appropriate instruction and experience in nursing care of patients.

(5)        The educational unit shall provide minimum instructional facilities as follows:

a.         It shall have a library consisting of references sufficient in number, diversified and in late editions so as to be suitable for reference and study in connection with the basic curriculum required for an educational unit in nursing, which library shall be physically located so as to be easily accessible to the students.

b.         It shall have adequate classrooms, laboratory facilities, and other suitable instructional facilities sufficient to accommodate the student body and to instruct the students.

c.         The members of the faculty of the educational unit in nursing shall have general academic and professional qualifications as determined by the board and shall be sufficient in number to effectively administer, teach, and supervise the students at the educational unit. In evaluating the members of the faculty as to qualifications and number, the board shall recognize and take into consideration the limited availability and supply of nurses prepared for teaching positions.

(6)        The educational unit in nursing shall keep and maintain an accurate system of records containing up-to-date and complete information regarding the hours spent by each student in instruction and experience, and the progress of each student graded under a suitable system. The form, content, and other requirements with respect to records shall be subject to the approval of the board. The records shall be readily accessible and shall be subject to inspection by the board or its authorized representatives. Any person who shall intentionally falsify any record required to be kept and maintained by this statute and regulations of the board made pursuant to this statute shall be guilty of a misdemeanor and punishable as such.

(7)        An educational unit in nursing shall, from time to time and in accordance with regulations adopted by the board, file with the board such records, data, and reports as may be prescribed furnishing information concerning the conduct of the unit and concerning any student or graduate of the unit, as required by the board.

"§ 90-158.122.  Periodic Surveys of Accredited Educational Units. (a) A survey of each accredited educational unit in nursing and of the institution or institutions with which the unit is associated shall be made by the executive director or other representative of the board at such times as may be determined by the board.

(b)        A written report of the survey of an educational unit in nursing shall be submitted to the board at a regular or special meeting and a copy of the report shall be sent to the educational unit in nursing.

(c)        If the board determines, from the report of the survey and other evidence that the unit is meeting requirements and standards prescribed by this Article and the board for the conduct of an educational unit in nursing, the board shall approve the unit as accredited and shall order the name of the educational unit in nursing to be continued on the accredited list.

(d)        If the board determines from the report of the survey and other evidence that the unit is not meeting requirements and standards prescribed by this Article and the board, the board shall take action as specified in 90-158.125.

"§ 90-158.123.  Procedure for Accreditation of a New Educational Unit in Nursing; Provisional Accreditation. (a) An institution wishing to establish a unit shall first apply for permission from the board to establish such a unit.

The institution applying shall submit to the board a written plan of organization containing a statement of:

(1)        The purposes and aims of the institution in establishing the unit;

(2)        The composition, powers, duties, and responsibilities of the governing body of the unit;

(3)        The financial plan for operating the unit;

(4)        The titles and duties of the members of the faculty and the qualifications required of each;

(5)        The proposed curriculum and the plan for its administration;

(6)        The clinical resources available, such as hospitals and other agencies, affiliated with or in connection with which the unit will be conducted;

(7)        The standards to be met by the students;

(8)        Such other written evidence as shall be necessary to satisfy the board that the unit is able and willing to provide instruction and experience in accordance with the requirements for accreditation as prescribed by the board; and

(9)        Written evidence sufficient to satisfy the board that the unit can and will comply with the minimum standards and requirements for accreditation upon the enrollment of students and the commencement of the operation of the unit.

(b)        The executive director or other representative of the board shall conduct a general survey of the proposed educational program and facilities and shall submit a written report of the survey to the board with respect to the proposed unit and the institution which has applied for permission to establish it.

(c)        The board, at a meeting at which representatives of the petitioning institution may appear after reasonable written notice, shall consider the plan of organization, the report of survey, and such other evidence as may be presented, and shall act upon the application at the same or at a subsequent meeting.

(d)        If the application to establish an educational unit in nursing is approved and the unit enrolls its first class of students within one year after approval, the unit shall be provisionally accredited for a period of one year beginning with the date of the enrollment of the first class of students, and the name of the unit shall be placed on the provisionally accredited list.

"§ 90-158.124.  Procedure for Removal from Provisionally Accredited List. (a) Within the first year of operation by the unit under provisional accreditation, the board shall make a survey of the unit. If the unit is meeting requirements and standards prescribed by this Article and by the board, it shall be placed on the accredited list.

(b)        If the unit is not meeting the standards and requirements as prescribed by this Article and the board, the board shall cause a notice to be served upon the unit and a hearing scheduled as specified in 90-158.127.

(c)        If the board shall determine from evidence presented at the hearing that the unit is complying with requirements and standards for the conduct of an educational unit in nursing as prescribed by this Article and the board, the board shall place the name of the unit on the accredited list.

(d)        If the board shall determine from evidence presented at the hearing that the unit is not complying with the requirements and standards for the conduct of an educational unit in nursing prescribed by this Article and the board, the board may enter an order either continuing the name of the unit on the provisionally accredited list for not more than one additional year, and the unit shall be so notified; or removing the name of the unit from the provisionally accredited list which action constitutes discontinuance of operation of the educational unit in nursing. Notification to the unit of this action shall be in accordance with the procedure specified in 90-158.127.

(e)        If an educational unit in nursing has been provisionally accredited for two consecutive years and the board determines, from survey and other evidence, that the unit has not met the requirements and standards of this Article and the board prescribed for the conduct of an educational unit in nursing, the board shall hold a hearing in accordance with procedure specified in 90-158.127. Following the hearing and consideration of all evidence presented, the board shall place the unit on the accredited list or enter an order removing the name of the unit from the provisionally accredited list which shall constitute discontinuance of operation of the educational unit in nursing. The action of the board shall be in accordance with the procedure specified in 90-158.127.

"§ 90-158.125.  Procedure for Placing Unit on Conditional Accreditation. (a) If the board, at a regular or special meeting, determines from survey of an educational unit in nursing and other evidence available that a unit on the accredited list appears not to be complying with the requirements and standards prescribed by this Article and the board, the board shall order the executive director to give written notice to the unit, specifying the particulars of apparent noncompliance with the requirements and standards.

(b)        The notice shall be sent to the unit by registered mail and shall state that if the unit fails to correct the conditions and the deficiencies so as to comply fully with the requirements and standards for the conduct of units within a period of one year following the date upon which the written notice was placed in the United States mails, the unit will be removed from the fully accredited list and placed upon the list of conditionally accredited educational units in nursing (hereinafter referred to as the 'conditionally accredited list'), pending a formal hearing before the board to determine whether the unit is complying with the requirements and standards. At the end of the year referred to in the notice of apparent noncompliance given to the unit, a committee of at least three members of the board designated by the board shall visit and survey the unit as a basis for making a preliminary determination as to whether the unit has corrected the deficiencies specified in the notice; and if the committee shall determine that the unit has not corrected all of those deficiencies specified and is not complying with the requirements and standards for the conduct of educational units in nursing as required by this Article and the board, the committee shall direct the executive director to remove the unit from the fully accredited list and place the unit on the conditionally accredited list until further action by the board. The unit shall be so notified in writing.

"§ 90-158.126.  Procedure for Removing Unit from Conditionally Accredited List. (a) At a regular or special meeting, if the board determines from survey of a unit on conditional accreditation and other evidence presented that the unit is meeting the requirements and standards prescribed by this Article and the board, it shall place the educational unit in nursing on the accredited list and notify the unit in writing of the board's action.

(b)        If the board determines from all evidence presented that the unit operating under conditional accreditation is not complying with the requirements and standards as prescribed by this Article and the board, a hearing shall be held in accordance with procedure specified in 90‑158.127.

(c)        If the board shall determine from evidence presented at the hearing that the unit is complying with the requirements and standards for the conduct of an educational unit in nursing as prescribed by this Article and the board, the board shall place the name of the unit on the accredited list.

(d)        If the board shall determine from evidence presented at the hearing that the unit is not complying with the requirements and standards for the conduct of an educational unit in nursing prescribed by this Article and the board, the board shall enter an order removing the name of the unit from the conditionally accredited list which action constitutes discontinuance of operation of the educational unit in nursing. Notification to the unit of this action shall be in accordance with the procedure specified in 90-158.127.

"§ 90-158.127.  Notice and Hearing on Educational Unit.

(a)        The board shall cause a notice to be served on any unit operating under provisional accreditation or conditional accreditation if such unit is not complying with the requirements and standards for the conduct of an educational unit in nursing prescribed by this Article and the board, by;

(1)        Notifying the unit in writing that the survey and other evidence indicates that the unit is not complying with the standards and requirements for accreditation as prescribed;

(2)        Setting forth as the respects in which the unit is not complying; and

(3)        Notifying the unit that a hearing will be held before the board on a specified date not less than twenty days from the date on which the notice was given, and setting forth the time and place of such hearing.

(b)        The educational unit shall have the right and opportunity to present witnesses and other evidence on the question of its compliance with the standards and requirements for accreditation, to cross-examine other witnesses, and to be fully represented at the hearing by legal counsel.

(c)        A transcript of the proceedings of the hearing shall be made. Any party to the proceedings shall be entitled to a copy of the record upon payment of the cost thereof as determined by the board.

(d)        After hearing the witnesses and receiving other evidence presented at the hearing, the board shall give consideration to all of the evidence, and upon such evidence shall make findings of fact and conclusions.

(e)        If the board shall determine from findings of fact and conclusions based upon evidence received at such hearing that the unit is complying with the standards and requirements for accreditation, the board shall place the name of the unit on the accredited list.

(f)         If the board shall determine from findings of fact and conclusions based upon evidence received at such hearing that the unit is not complying with the standards and requirements for accreditation, it shall take the appropriate action as is specified in 90-158.124 or 90-158.126, whichever is applicable.

(g)        In the event the board enters an order directing removal of the name of the unit from the provisionally or conditionally accredited list and discontinuance of operation of the educational unit, the written order to the educational unit shall specify that the order is to become effective twenty days after the date of mailing of the order. A copy of the findings and conclusions and orders of the board, certified by the executive director, shall be mailed to the unit together with an order to discontinue operation of the educational unit and to admit no further students.

"§ 90-158.128.  Effect of Provisionally and Conditionally Accredited Status. When an educational unit in nursing shall have been placed upon the provisionally or conditionally accredited list in accordance with the procedure herein prescribed, the effect of such action shall be so to list the educational unit for the information of students and prospective students and other persons, institutions, and organizations interested in education for nursing in North Carolina. Insofar as applicants for examination for licensure as nurses in North Carolina are concerned, the appearance of the name of an educational unit on the provisionally or conditionally accredited list shall have the same effect as if said educational unit had continued on the fully accredited list.

"§ 90-158.129.  Appeals. Appeals from determinations of the board with respect to the accreditation of education units in nursing shall be taken in accordance with Article 33 of Chapter 143 of the General Statutes.

"§ 90-158.130.  Educational Units in Nursing. The board shall encourage the continued operation of all present educational units in nursing and promote the establishment of additional units."

Sec. 2.  (a) All of the records, property, supplies, equipment, funds, credits, executory contracts, and personnel of the North Carolina Board of Nurse Registration and Nursing Education and of the North Carolina Board of Nurse Registration and Nursing Education Enlarged are transferred to the North Carolina Board of Nursing, effective July 1, 1965.

(b)        All statutory references to "the North Carolina Board of Nurse Registration and Nursing Education" or to "the North Carolina Board of Nurse Registration and Nursing Education Enlarged" are amended to read "the North Carolina Board of Nursing".

Sec. 3.  The transfer of functions from the North Carolina Board of Nurse Registration and Nursing Education and the North Carolina Board of Nurse Registration and Nursing Education Enlarged to the North Carolina Board of Nursing shall not affect any action, suit, proceeding, prosecution, contract, lease, or other business transaction involving such a function which was initiated, undertaken, or entered into prior to or pending the time of the transfer, except that the North Carolina Board of Nursing shall be substituted for the North Carolina Board of Nurse Registration and Nursing Education or the North Carolina Board of Nurse Registration and Nursing Education Enlarged, and insofar as practicable the procedures provided for in this Article shall be employed in completing or disposing of the matter.

Sec. 4.  This Act shall take effect on July 1, 1965.

In the General Assembly read three times and ratified, this the 18th day of May, 1965.