Company: North Carolina General Assembly

North Carolina Attorney General Opinion

§ 90‑659.  Suspension, revocation, and refusal to renew a license.
(a)	The Board shall take the necessary actions to deny or refuse to renew a license, suspend or revoke a license, or to impose probationary conditions on a licensee or applicant if the licensee or applicant:
(1)	Has engaged in any of the following conduct:
a.	Employed fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal of a license.
b.	Committed an act of malpractice, gross negligence, or incompetence in the practice of respiratory care.
c.	Practiced respiratory care without a license.
d.	Engaged in health care practices that are determined to be hazardous to public health, safety, or welfare.
(2)	Was convicted of or entered a plea of guilty or nolo contendere to any crime involving moral turpitude.
(3)	Was adjudicated insane or incompetent, until proof of recovery from the condition can be established.
(4)	Engaged in any act or practice that violates any of the provisions of this Article or any rule adopted pursuant to this Article, or aided, abetted, or assisted any person in such a violation.
(b)	Denial, refusal to renew, suspension, or revocation of a license, or imposition of probationary conditions upon a licensee may be ordered by the Board after a hearing held in accordance with Article 3A of Chapter 150B of the General Statutes and rules adopted pursuant to this Article. An application may be made to the Board for reinstatement of a revoked license if the revocation has been in effect for at least one year. (2000‑162, s. 1.)

G.S. 90-659		Page