GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 198
AN ACT TO MAKE VARIOUS TECHNICAL AND CONFORMING REVISIONS TO THE NURSING PRACTICE ACT.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-171.24 reads as rewritten:
"§ 90-171.24. Executive director.
The executive director shall perform the duties prescribed by
the Board, serve as treasurer secretary/treasurer to the Board,
and furnish a surety bond as provided in G.S. 128-8. The bond shall
be made payable to the Board."
Sec. 2. G.S. 90-171.25 reads as rewritten:
"§ 90-171.25. Custody and use of funds.
The executive director shall deposit in financial
institutions designated by the Board as official depositories all fees payable
to the Board. The funds shall be deposited in the name of the Board and
shall be used to pay all expenses incurred by the Board in carrying out the
purposes of this Article. Such funds shall be annually audited by the
State Auditor. in accordance with State law."
Sec. 3. 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
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, rules, 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 an the examination approved
and administered required by the Board. The Board shall
adopt rules which identify the criteria which must be met by an applicant in
order to be issued a license. When the Board determines that an applicant
has met those criteria, 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. 4. G.S. 90-171.31 reads as rewritten:
"§ 90-171.31. Reexamination.
Any applicant who fails to pass the first licensure
examination may take subsequent examinations in accordance with the rules and
regulations of the Board. Board, provided that any person who has
graduated from a nursing program after July 1, 1981, must pass the examination
within three years of graduation. After this three-year period, the applicant
must reenter and successfully complete a Board-approved nursing program before
being allowed to take subsequent examinations."
Sec. 5. G.S. 90-171.33 reads as rewritten:
"§ 90-171.33. Temporary license.
(a) Until the
implementation of the computer-adaptive licensure examination, the Board may The
Board shall issue a nonrenewable temporary license to persons 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 nine months or the date of applicant's 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.
(b) Upon implementation of the computer-adaptive licensure examination, no temporary licenses will be issued to persons who are applying for licensure under G.S. 90-171.30.
(c) The Board may 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. 6. G.S. 90-171.34 reads as rewritten:
"§ 90-171.34. Licensure renewal.
Every unencumbered license license, except
temporary license, issued under this Article shall be renewed every for
two years. On or before the date the current license expires, every person
who desires to continue to practice nursing shall apply for licensure renewal
to the Board on forms furnished by the Board and shall also file the required
fee. The Board shall provide space on the renewal form for the licensee
to specify the amount of continuing education received during the renewal
period. Failure to renew the license within 30 days after before
the expiration date shall result in automatic forfeiture of the right to
practice nursing in North Carolina. Carolina until such time that the
license has been reinstated."
Sec. 7. G.S. 90-171.35 reads as rewritten:
"§ 90-171.35. 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 shall require the applicant to
complete satisfactorily a refresher course approved by the Board. Board,
or provide proof of active licensure within the past five years in another
jurisdiction. 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."
Sec. 8. G.S. 90-171.36(b) reads as rewritten:
"(b) When such person
desires to be removed from the inactive list and returned to the active list,
list within five years of being placed on inactive status, an
application shall be submitted to the Board on a form furnished by the
Board and the fee shall be paid for license renewal. The Board shall
require evidence of competency to resume the practice of nursing before
returning the applicant to active status. If the person has been on
the inactive list for more than five years, the applicant must satisfactorily
complete a refresher course approved by the Board or provide proof of active
licensure within the past five years in another jurisdiction."
Sec. 9. G.S. 90-171.43 reads as rewritten:
"§ 90-171.43. License required.
No person shall practice or offer to practice as or use any card, title or abbreviation to indicate that such person is a registered nurse or licensed practical nurse unless that person is currently licensed as provided by this Article. This Article shall not, however, be construed to prohibit or limit the following:
(1) The performance by any person of any act for which that person holds a license issued pursuant to North Carolina law;
(2) The clinical practice
by students enrolled in approved nursing programs programs,
continuing education programs, or refresher courses under the supervision
of qualified faculty;
(3) The performance of nursing performed by persons who hold a temporary license issued pursuant to G.S. 90-171.33;
(4) The delegation to any person, including a member of the patient's family, by a physician licensed to practice medicine in North Carolina, a licensed dentist or registered nurse of those patient-care services which are routine, repetitive, limited in scope that do not require the professional judgment of a registered nurse or licensed practical nurse;
(5) Assistance by any person in the case of emergency.
Any person permitted to practice nursing without a license as provided in subdivision (2) or (3) of this section shall be held to the same standard of care as any licensed nurse."
Sec. 10. G.S. 90-171.44 reads as rewritten:
"§ 90-171.44. Prohibited acts.
It shall be a violation of this Article Article,
and subject to action under G.S. 90-171.37, 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. nursing."
Sec. 11. 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), (8), G.S. 90-171.43, and G.S.
90-171.44, 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. 12. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 23rd day of June, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives