Subchapter 32X – Practitioner Information

21 NCAC 32X .0101          REQUIRED INFORMATION

(a)  All physicians and physician assistants licensed by the Board or applying for licensure by the Board shall provide the information required by G.S. 90-5.2(a) on an application for licensure or annual renewal.  Additionally, all physicians and physician assistants shall provide the Board with notice of any change in the information within 60 days.

(b)  In addition to the information required by G.S. 90-5.2, a physician or physician assistant shall inform the Board about any misdemeanor convictions other than minor traffic offenses.  "Minor traffic offenses" shall not include driving while intoxicated, driving under the influence, careless or reckless driving, or any other offense involving serious injury or death.  The report must include the nature of the conviction, the jurisdiction in which the conviction occurred, and the punishment imposed.  A person shall be considered convicted for purposes of this rule if they pled guilty, were found guilty by a court of competent jurisdiction, or entered a plea of nolo contendere.

History Note:        Authority G.S. 90-5.2; 90-14.3;

Eff. August 11, 2009;

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

21 NCAC 32X .0102          VOLUNTARY INFORMATION

Physicians and physician assistants may provide additional information such as hours of continuing education earned, subspecialties obtained, academic appointments, volunteer work in indigent clinics, and honors or awards received.

History Note:        Authority G.S. 90-5.2; 90-14.3;

Eff. August 11, 2009;

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

21 NCAC 32X .0103          CONTENTS OF THE REPORT

A physician or physician assistant shall report the following information about a judgment, award, payment or settlement:

(1)           The date of judgment, award, payment or settlement;

(2)           The specialty in which the physician or physician assistant was practicing at the time the incident occurred that resulted in the judgment, award, payment or settlement;

(3)           The city, state, and country in which the judgment, award, payment or settlement occurred; and

(4)           The date of the occurrence of the events leading to the judgment, award, payment or settlement.

History Note:        Authority G.S. 90-5.2; 90-14.3;

Eff. August 11, 2009;

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

21 NCAC 32X .0104          PUBLISHING CERTAIN MISDEMEANOR CONVICTIONS

(a)  The Board shall publish misdemeanor convictions involving offenses against a person including manslaughter, assault, battery, sexual crimes, hazing, false imprisonment, stalking, abuse and neglect.

(b)  The Board shall publish misdemeanor convictions involving moral turpitude including fraud, arson, blackmail, burglary, embezzlement, extortion, false pretenses, forgery, larceny, malicious destruction of property, receiving stolen goods with guilty knowledge, robbery, theft, transporting stolen goods with guilty knowledge, bribery, counterfeiting, tax fraud, mail fraud, perjury, harboring a fugitive from justice with guilty knowledge, tax evasion, abandonment of a minor child, bigamy, gross indecency, incest, solicitation, and prostitution; attempting, aiding and abetting, or serving as an accessory in the commission of a crime involving moral turpitude; and taking part in or attempting to take part in a conspiracy involving moral turpitude where the underlying crime would not involve moral turpitude.

(c)  The Board shall publish all misdemeanor convictions involving drugs or alcohol where the conviction was entered after the licensee's enrollment in medical school or a Physician Assistant education program. 

(d)  The Board shall publish misdemeanor convictions involving violations of public health and safety codes.

(e)  The Board shall publish misdemeanor convictions for failure to file state and federal tax returns.

(f)  The Board shall publish misdemeanor convictions set forth above for ten years from the date of conviction.

(g)  Publish means publishing on the Board's website or any other way the Board deems appropriate.

History Note:        Authority G.S. 90-5.2; 90-14.3;

Eff. August 11, 2009;

Amended Eff. April 1, 2011;

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

21 NCAC 32X .0105          NONCOMPLIANCE OR FALSIFICATION OF INFORMATION

Failure to provide the information as required by this subchapter or knowingly providing false information to the Board shall constitute unprofessional conduct.

History Note:        Authority G.S. 90-5.2; 90-14.3;

Eff. August 11, 2009;

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