State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-171_48

§ 90‑171.48.  Criminalhistory record checks of applicants for licensure.

(a)        Definitions. – Thefollowing definitions shall apply in this section:

(1)        Applicant. – Aperson applying for initial licensure as a registered nurse or licensedpractical nurse either by examination pursuant to G.S. 90‑171.29 or G.S.90‑171.30 or without examination pursuant to G.S. 90‑171.32. Theterm "applicant" shall also include a person applying forreinstatement of licensure pursuant to G.S. 90‑171.35 or returning toactive status pursuant to G.S. 90‑171.36 as a registered nurse orlicensed practical nurse.

(2)        Criminal history. –A history of conviction of a State crime, whether a misdemeanor or felony, thatbears on an applicant's fitness for licensure to practice nursing. The crimesinclude the criminal offenses set forth in any of the following Articles ofChapter 14 of the General Statutes: Article 5, Counterfeiting and IssuingMonetary Substitutes; Article 5A, Endangering Executive and LegislativeOfficers; Article 6, Homicide; Article 7A, Rape and Other Sex Offenses; Article8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injuryor Damage by Use of Explosive or Incendiary Device or Material; Article 14,Burglary and Other Housebreakings; Article 15, Arson and Other Burnings;Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19,False Pretenses and Cheats; Article 19A, Obtaining Property or Services byFalse or Fraudulent Use of Credit Device or Other Means; Article 19B, FinancialTransaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article26, Offenses Against Public Morality and Decency; Article 26A, AdultEstablishments; Article 27, Prostitution; Article 28, Perjury; Article 29,Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Againstthe Public Peace; Article 36A, Riots and Civil Disorders; Article 39,Protection of Minors; Article 40, Protection of the Family; Article 59, PublicIntoxication; and Article 60, Computer‑Related Crime. The crimes alsoinclude possession or sale of drugs in violation of the North CarolinaControlled Substances Act in Article 5 of Chapter 90 of the General Statutesand alcohol‑related offenses including sale to underage persons inviolation of G.S. 18B‑302 or driving while impaired in violation of G.S.20‑138.1 through G.S. 20‑138.5.

(b)        All applicants forlicensure shall consent to a criminal history record check. Refusal to consentto a criminal history record check may constitute grounds for the Board to denylicensure to an applicant. The Board shall ensure that the State and nationalcriminal history of an applicant applying for initial licensure as a registerednurse or licensed practical nurse either by examination pursuant to G.S. 90‑171.29or G.S. 90‑171.30 or without examination pursuant to G.S. 90‑171.32is checked. The Board may request a criminal history record check forapplicants applying for reinstatement of licensure pursuant to G.S. 90‑171.35or returning to active status pursuant to G.S. 90‑171.36 as a registerednurse or licensed practical nurse.

The Board shall be responsiblefor providing to the North Carolina Department of Justice the fingerprints ofthe applicant to be checked, a form signed by the applicant consenting to thecriminal record check and the use of fingerprints and other identifyinginformation required by the State or National Repositories, and any additionalinformation required by the Department of Justice. The Board shall keep allinformation obtained pursuant to this section confidential.

(c)        If an applicant'scriminal history record check reveals one or more convictions listed undersubsection (a)(2) of this section, the conviction shall not automatically barlicensure. The Board shall consider all of the following factors regarding theconviction:

(1)        The level ofseriousness of the crime.

(2)        The date of thecrime.

(3)        The age of theperson at the time of the conviction.

(4)        The circumstancessurrounding the commission of the crime, if known.

(5)        The nexus betweenthe criminal conduct of the person and the job duties of the position to befilled.

(6)        The person's prison,jail, probation, parole, rehabilitation, and employment records since the datethe crime was committed.

(7)        The subsequentcommission by the person of a crime listed in subsection (a) of this section.

If, after reviewing the factors,the Board determines that the grounds set forth in subsections (1), (2), (3),(4), (5), or (6) of G.S. 90‑171.37 exist, the Board may deny licensure ofthe applicant. The Board may disclose to the applicant information contained inthe criminal history record check that is relevant to the denial. The Boardshall not provide a copy of the criminal history record check to the applicant.The applicant shall have the right to appear before the Board to appeal theBoard's decision. However, an appearance before the full Board shall constitutean exhaustion of administrative remedies in accordance with Chapter 150B of theGeneral Statutes.

(d)        Limited immunity. –The Board, its officers and employees, acting in good faith and in compliancewith this section, shall be immune from civil liability for denying licensureto an applicant based on information provided in the applicant's criminalhistory record check.  (2001‑371, s. 2; 2009‑133, s. 6.)