21 NCAC 32M .0112        DISCIPLINARY ACTION

(a)  After notice and hearing in accordance with provisions of G.S. 150B, Article 3A, disciplinary action may be taken by the appropriate Board if one or more of the following is found:

(1)           violation of G.S. 90-18 and G.S. 90-18.2 or the joint rules adopted by each Board;

(2)           immoral or dishonorable conduct pursuant to and consistent with G.S. 90-14(a)(1);

(3)           any submissions to either Board pursuant to and consistent with G.S. 90-14(a)(3);

(4)           the nurse practitioner is adjudicated mentally incompetent or the nurse practitioner's mental or physical condition renders the nurse practitioner unable to safely function as a nurse practitioner pursuant to and consistent with G.S. 90-14(a)(5) and G.S. 90-171.37(3);

(5)           unprofessional conduct by reason of deliberate or negligent acts or omissions and contrary to the prevailing standards for nurse practitioners in accordance and consistent with G.S. 90-14(a)(6) and G.S. 90-171.35(5);

(6)           Conviction in any court of a criminal offense in accordance and consistent with G.S. 90-14(a)(7) and G.S. 90-171.37(2) and G.S. 90-171.48;

(7)           payments for the nurse practitioner practice pursuant to and consistent with G.S. 90-14(a)(8);

(8)           lack of professional competence as a nurse practitioner pursuant to and consistent with G.S. 90-14(a)(11);

(9)           exploiting the client pursuant to and consistent with G.S. 90-14(a)(12) including the promotion of the sale of services, appliances, or drugs for the financial gain of the practitioner or of a third party;

(10)         failure to respond to inquiries which may be part of a joint protocol between the Board of Nursing and Medical Board for investigation and discipline pursuant to and consistent with G.S. 90-14(a)(14);

(11)         the nurse practitioner has held himself or herself out or permitted another to represent the nurse practitioner as a licensed physician; or

(12)         the nurse practitioner has engaged or attempted to engage in the performance of medical acts other than according to the collaborative practice agreement.

(b)  The nurse practitioner is subject to G.S. 90-171.37; 90-171.48 and 21 NCAC 36 .0217 by virtue of the license to practice as a registered nurse.

(c)  After an investigation is completed, the joint subcommittee of both boards may recommend one of the following:

(1)           dismiss the case;

(2)           issue a private letter of concern;

(3)           enter into negotiation for a Consent Order; or

(4)           a disciplinary hearing in accordance with G.S. Chapter 150B, Article 3A. If a hearing is recommended, the joint subcommittee shall also recommend whether the matter should be heard by the Board of Nursing or the Medical Board.

(d)  Upon a finding of violation, each Board may utilize the range of disciplinary options as enumerated in G.S. 90-14(a) or G.S. 90-171.37.

History Note:        Authority G.S. 90-18(14); 90-171.37; 90-171.44; 90-171.47;

Eff. February 1, 1991;

Recodified from 21 NCAC 32M .0107 Eff. January 1, 1996;

Amended Eff. August 1, 2004; May 1, 1999; January 1, 1996;

Recodified from Rule .0111 Eff. August 1, 2004;

Amended Eff. April 1, 2007;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016;

Amended Eff. April 1, 2020.