(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 N.C. Gen. Stat. 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.)

Terms Used In North Carolina General Statutes 90-659

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Fraud: Intentional deception resulting in injury to another.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.