GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

SESSION LAW 2004-89

SENATE BILL 1254

AN ACT to authorize the department of justice to provide criminal record checks to the respiratory care board for applicants for licensure and to charge a fee for conducting the checks.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90-652 reads as rewritten:

"§ 90-652.  Powers and duties of the Board.

The Board shall have the power and duty to:

(1)       Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reciprocal licensure. The Board shall, in its discretion, investigate the background of an applicant to determine the applicant's qualifications with due regard given to the applicant's competency, honesty, truthfulness, and integrity. The Department of Justice may provide a criminal record check to the Board for a person who has applied for a license through the Board. The Board shall provide to the Department of Justice, along with the request, the fingerprints of the applicant, any additional information required by the Department of Justice, and a form signed by the applicant consenting to the check of the criminal record and to the use of the fingerprints and other identifying information required by the State or national repositories. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of the fingerprints to the Federal Bureau of Investigation for a national criminal history check. The Board shall keep all information pursuant to this subdivision privileged, in accordance with applicable State law and federal guidelines, and the information shall be confidential and shall not be a public record under Chapter 132 of the General Statutes. The Board shall collect any fees required by the Department of Justice and shall remit the fees to the Department of Justice for expenses associated with conducting the criminal history record check.

(2)       Establish and adopt rules necessary to conduct its business, carry out its duties, and administer this Article.

(3)       Adopt and publish a code of ethics.

(4)       Deny, issue, suspend, revoke, and renew licenses in accordance with this Article.

(5)       Conduct investigations, subpoena individuals and records, and do all other things necessary and proper to discipline persons licensed under this Article and to enforce this Article.

(6)       Employ professional, clerical, investigative, or special personnel necessary to carry out the provisions of this Article and purchase or rent office space, equipment, and supplies.

(7)       Adopt a seal by which it shall authenticate its proceedings, official records, and licenses.

(8)       Conduct administrative hearings in accordance with Article 3A of Chapter 150B of the General Statutes.

(9)       Establish certain reasonable fees as authorized by this Article for applications for examination, licensure, provisional licensure, renewal of licensure, and other services provided by the Board.

(10)     Submit an annual report to the North Carolina Medical Board, the North Carolina Hospital Association, the North Carolina Society of Respiratory Care, the Governor, and the General Assembly of all the Board's official actions during the preceding year, together with any recommendations and findings regarding improvements of the practice of respiratory care.

(11)     Publish and make available upon request the licensure standards prescribed under this Article and all rules adopted pursuant to this Article.

(12)     Request and receive the assistance of State educational institutions or other State agencies.

(13)     Establish and approve continuing education requirements for persons seeking licensure under this Article."

SECTION 1.1.  If House Bill 1352, 2003 Regular Session, becomes law, then Section 9 of that act reads as rewritten:

"SECTION 9.  Except as otherwise provided in this act, this act becomes effective July 1, 2004. Sections 4 through 8 of this act expire July 9, 2004. July 17, 2004."

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 9^th day of July, 2004.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 1:54 p.m. this 13^th day of July, 2004