GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 643
AN ACT TO MAKE VARIOUS TECHNICAL AND CLARIFYING AMENDMENTS TO THE NURSING PRACTICE ACT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-171.21(b) reads as rewritten:
"(b) Selection. - The North Carolina Board of Nursing shall conduct an election each year to fill vacancies of nurse members of the Board scheduled to occur during the next year. Nominations of candidates for election of registered nurse members shall be made by written petition signed by not less than 10 registered nurses eligible to vote in the election. Nominations of candidates for election of licensed practical nurse members shall be made by written petition signed by not less than 10 licensed practical nurses eligible to vote in the election. Every licensed registered nurse holding an active license shall be eligible to vote in the election of registered nurse board members. Every licensed practical nurse holding an active license shall be eligible to vote in the election of licensed practical nurse board members. The list of nominations shall be filed with the Board after January 1 of the year in which the election is to be held and no later than midnight of the first day of April of such year. Before preparing ballots, the Board shall notify each person who has been duly nominated of his nomination and request permission to enter his name on the ballot. A member of the Board who is nominated to succeed himself and who does not withdraw his name from the ballot is disqualified to participate in conducting the election. Elected members shall begin their term of office on January 1 of the year following their election.
Nominations of persons to serve as public members of the Board may be made to the Governor by any citizen or group within the State. The Governor shall appoint the two public members to the Board.
Board members shall be commissioned by the Governor upon their election or appointment."
Sec. 2. G.S. 90-171.30 reads as rewritten:
"§ 90-171.30. Licensure by examination.
At least twice each year the Board shall give an examination
at the time and place it determines, to applicants for licensure to practice as
a registered nurse or licensed practical nurse. The Board shall give
advance notice to applicants and to persons conducting approved nursing
programs of the time and place of each examination. The Board shall adopt
regulations, not inconsistent with this Article, governing qualifications of
applicants, the conduct of applicants during the examination, and the conduct
of the examination. The applicants shall be required to pass a written
an examination approved and administered by the Board. When
the Board determines that an applicant has passed the required examination,
submitted the required fee, and has demonstrated to the Board's satisfaction
that he or she is mentally and physically competent to practice nursing, the
Board shall issue a license to the applicant."
Sec. 3. G.S. 90-171.33 reads as rewritten:
"§ 90-171.33. Temporary license.
The Board shall issue a nonrenewable temporary license to
persons applying for licensure under G.S. 90-171.30 who are applying
for licensure under G.S. 90-171.30, and who are scheduled for the licensure
examination at the first opportunity after graduation, for a period not to
exceed the lesser of six nine months or the date of applicant's receipt
notification of the results of the licensure examination. The
Board shall revoke the temporary license of any person who does not take the
examination as scheduled, or who has failed the examination for licensure
as provided by this act. The Board shall issue a nonrenewable temporary license
to persons applying for licensure under G.S. 90-171.32 for a period not to
exceed the lesser of six months or until the Board determines whether the
applicant is qualified to practice nursing in North Carolina. Temporary
licensees may perform patient-care services within limits defined by the
Board. In defining these limits, the Board shall consider the ability of
the temporary licensee to safely and properly carry out patient-care
services. Temporary licensees shall be held to the standard of care of a
fully licensed nurse."
Sec. 4. G.S. 90-171.37 reads as rewritten:
"§ 90-171.37. Revocation, suspension, or denial of licensure.
The Board shall initiate an investigation upon receipt of information about any practice that might violate any provision of this Article or any rule or regulation promulgated by the Board. In accordance with the provisions of Chapter 150B of the General Statutes, the Board may require remedial education, issue a letter of reprimand, restrict, revoke, or suspend any license to practice nursing in North Carolina or deny any application for licensure if the Board determines that the nurse or applicant:
(1) Has given false information or has withheld material information from the Board in procuring or attempting to procure a license to practice nursing;
(2) Has been convicted of or pleaded guilty or nolo contendere to any crime which indicates that the nurse is unfit or incompetent to practice nursing or that the nurse has deceived or defrauded the public;
(3) Has a mental or physical disability or uses any drug to a degree that interferes with his or her fitness to practice nursing;
(4) Engages in conduct that endangers the public health;
(5) Is unfit or incompetent to practice nursing by reason of deliberate or negligent acts or omissions regardless of whether actual injury to the patient is established;
(6) Engages in conduct that deceives, defrauds, or harms the public in the course of professional activities or services; or
(7) Has willfully violated
any provision of this Article Article. or of regulations
enacted by the Board.
(8) Has willfully violated any rules enacted by the Board.
The Board may take any of the actions specified above in this section when a registered nurse approved to perform medical acts has violated rules governing the performance of medical acts by a registered nurse; provided this shall not interfere with the authority of the Board of Medical Examiners to enforce rules and regulations governing the performance of medical acts by a registered nurse.
The Board may reinstate a revoked license or remove licensure restrictions when it finds that the reasons for revocation or restriction no longer exist and that the nurse or applicant can reasonably be expected to safely and properly practice nursing."
Sec. 5. G.S. 90-171.38 reads as rewritten:
"§ 90-171.38. Standards for nursing programs.
A nursing program may be operated under the authority of a
general hospital, or an approved post-secondary educational institution. an
educational institution or agency, or any other authority satisfactory to the
Board. The Board shall establish, revise, or repeal standards for
nursing programs. These standards shall specify program requirements,
curricula, faculty, students, facilities, resources, administration, and
describe the approval process. The standards approved by the Board and
in effect on June 30, 1980, shall be the prescribed standards. Before
making any substantive change in the standards the Board shall hold a hearing
in accordance with Chapter 150B. Any institution desiring to
establish a new nursing program shall apply to the Board and submit
satisfactory evidence that it will meet the standards prescribed by the
Board. Those standards shall be designed to ensure that graduates of
those programs have the educational training to safely and properly education
necessary to safely and competently practice nursing. The Board shall
encourage the continued operation of all present programs that meet the
standards approved by the Board and the Board shall promote the
establishment of additional programs. Board."
Sec. 6. G.S. 90-171.42(b) reads as rewritten:
"(b) If the program offers
to teach nurses to perform advance skills, the Board may grant approval for the
program and the performance of the advanced skills by those successfully
completing the program when it finds that the nature of the procedures taught
in the program and the program facilities and faculty are such that a nurse
successfully completing the program can reasonably be expected to carry out
those procedures safely and properly. competently."
Sec. 7. G.S. 90-171.44 reads as rewritten:
"§ 90-171.44. Prohibited acts.
It shall be a violation of this Article for any person to:
(1) Sell, fraudulently obtain, or fraudulently furnish any nursing diploma or aid or abet therein;
(2) Practice nursing under cover of any fraudulently obtained license;
(3) Practice nursing without a license;
(4) Conduct a nursing program or a refresher course for activation of a license, that is not approved by the Board; or
(5) Employ unlicensed persons to practice nursing in violation of this Article."
Sec. 8. G.S. 90-171.47 reads as rewritten:
"§ 90-171.47. Reports: immunity from suit.
Any person who has reasonable cause to suspect misconduct or
incapacity of a licensee or who has reasonable cause to suspect that any person
is in violation of this Article, including those actions specified in G.S.
90-171.37 (1) through (7), should shall report the relevant facts
to the Board. Upon receipt of such charge or upon its own initiative, the
Board may give notice of an administrative hearing or may, after diligent
investigation, dismiss unfounded charges. Any person making a report
pursuant to this section shall be immune from any criminal prosecution or civil
liability resulting therefrom unless such person knew the report was false or
acted in reckless disregard of whether the report was false."
Sec. 9. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 12th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives