21 NCAC 61 .0307. GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

In addition to the conduct set forth in G.S. 90‑659, the Board may deny, suspend, or revoke a license, or issue a letter of reprimand to a licensee, upon any of the following grounds:

(1)           Failure to meet minimum licensure requirements set by statute or rule.

(2)           Procuring, attempting to procure, or renewing a license as provided by this part by bribery, by fraudulent misrepresentation, or by knowingly perpetuating an error of the Board.

(3)           Violation of any rule adopted by the Board or of a lawful order of the Board.

(4)           Engaging in the delivery of respiratory care with a revoked, suspended, or inactive license.

(5)           Failing to perform any statutory or legal obligation placed upon a respiratory care practitioner licensed pursuant to this part.

(6)           Failing to properly make the disclosures required by 21 NCAC 61 .0308.

(7)           Permitting, aiding, assisting, procuring, or advising any person to violate any rule of the Board or provision of the Respiratory Care Practice Act, including engaging in the practice of respiratory care without a license.

(8)           Having licensure, certification, registration, or other authority, by whatever name known, to deliver respiratory care revoked, suspended, or otherwise acted against, including the denial of licensure, certification, registration, or other authority to deliver respiratory care by the licensing authority of another state, territory, or country.

(9)           Willfully failing to report any violation of these rules.

(10)         Unprofessional conduct related to the delivery of respiratory care, which includes, but is not limited to, engaging in any act or practice that is hazardous to public health, safety or welfare.

(11)         Performing professional services which have not been duly ordered by a physician licensed pursuant to G.S. 90, Article 1 and which are not in accordance with protocols established by the hospital, other health care provider, or the Board.

(12)         Accepting and performing professional responsibilities which the licensee knows, or has reason to know, he is not competent to perform.

(13)         Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform.

(14)         Being unable to deliver respiratory care services with reasonable skill and safety to patients by reason of incapacitating illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material. In enforcing this Paragraph, the Board shall, upon probable cause, have authority to compel a respiratory care practitioner to submit to a mental or physical examination by physicians designated by the Board. The cost of examination shall be borne by the licensee being examined. The failure of a respiratory care practitioner to submit to such an examination when so directed constitutes an admission that the licensee is unable to deliver respiratory care services with reasonable skill and safety, upon which a default and a final order may be entered without the taking of testimony or presentation of evidence, unless the failure was due to circumstances beyond his control. A respiratory care practitioner affected under this Paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume the competent delivery of respiratory care with reasonable skill and safety to his patients. Neither the record of the proceedings nor any order of the Board based solely on a licensee’s failure to submit to an examination shall be deemed by the Board to constitute a conclusive determination that that licensee engaged in any particular conduct.

(15)         Failing to create and maintain respiratory care records documenting the assessment and treatment provided to each patient.

(16)         Discontinuing professional services unless services have been completed, the client requests the discontinuation, alternative or replacement services are arranged, or the client is given reasonable opportunity to arrange alternative or replacement services.

(17)         Exercising influence within a respiratory care relationship for the purpose of engaging a patient in sexual activity. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with the patient's respiratory care practitioner.

(18)         Exercising influence on the patient for the financial gain of the licensee or a third party by promoting or selling services, goods, appliances, or drugs that are not medically indicated or necessary.

(19)         Making deceptive, untrue, or fraudulent representations in the delivery of respiratory care or employing a trick or scheme in the delivery of respiratory care.

(20)         Circulating false, misleading, or deceptive advertising.

(21)         Paying or receiving any commission, bonus, kickback, or rebate to or from, or engaging in any fee-splitting arrangement in any form whatsoever with, a person, organization, or agency, either directly or indirectly, for goods or services rendered to patients referred by or to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent the licensee from receiving a fee for professional consultation services.

(22)         Soliciting patients, either personally or through an agent, through the use of fraud, deception, or otherwise misleading statements or through the exercise of intimidation or undue influence.

(23)         Willfully making or filing a false report or record, or willfully failing to file a report or record required by state or federal law, or willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records include only those reports or records which require the signature of a respiratory care practitioner or a respiratory therapist licensed pursuant to this part.

(24)         Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to a licensee's competence or ability to provide respiratory care.

(25)         Engaging or attempting to engage in the possession, sale, or distribution of controlled substances, as set forth by law, for any purpose other than a lawful purpose.

(26)         Failing to comply with a court order for child support or failing to comply with a subpoena issued pursuant to child support or paternity establishment proceedings as defined in G.S. 110-142.1.  In revoking or reinstating a license under this provision, the Board shall follow the procedures outlined in G.S. 93B-13.

 

History Note:        Authority G.S. 90‑652(2),(4); 90-659;

Temporary Adoption Eff. October 15, 2001;

Eff. August 1, 2002.