State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-171_55

Article 9C.

Nurses Aides Registry Act.

§ 90‑171.55.  Nurses Aides Registry.

(a)        The Board of Nursing, established pursuant to G.S. 90‑171.21,shall establish a Nurses Aides Registry for persons functioning as nurses aidesregardless of title. The Board shall consider those Level I nurses aidesemployed in State licensed or Medicare/Medicaid certified nursing facilitieswho meet applicable State and federal registry requirements as adopted by theNorth Carolina Medical Care Commission as having fulfilled the training andregistry requirements of the Board. The Board may not charge an annual fee to anurse aide I registry applicant. The Board may charge an annual fee of twelvedollars ($12.00) for each nurse aide II registry applicant. The Board shalladopt rules to ensure that whenever possible, the fee is collected through theemployer or prospective employer of the registry applicant. Fees collected maybe used by the Board in administering the registry. The Board's authoritygranted by this Article shall not conflict with the authority of the MedicalCare Commission.

(b)        (1)        Each nurses aide trainingprogram, except for those operated by (i) institutions under the Board ofGovernors of The University of North Carolina, (ii) institutions of the NorthCarolina Community College System, (iii) public high schools, and (iv) hospitalauthorities acting pursuant to G.S. 131E‑23(31), shall provide a guarantybond unless the program has already provided a bond or an alternative to a bondunder G.S. 115D‑95. The Board of Nursing may revoke the approval of aprogram that fails to maintain a bond or an alternative to a bond pursuant tothis subsection or G.S. 115D‑95.

(2)        When application is made for approval or renewal ofapproval, the applicant shall file a guaranty bond with the clerk of thesuperior court of the county in which the program will be located. The bondshall be in favor of the students. The bond shall be executed by the applicantas principal and by a bonding company authorized to do business in this State.The bond shall be conditioned to provide indemnification to any student, or hisparent or guardian, who has suffered a loss of tuition or any fees by reason ofthe failure of the program to offer or complete student instruction, academicservices, or other goods and services related to course enrollment for anyreason, including the suspension, revocation, or nonrenewal of a program'sapproval, bankruptcy, foreclosure, or the program ceasing to operate.

            The bond shall be in an amount determinedby the Board to be adequate to provide indemnification to any student, or hisparent or guardian, under the terms of the bond. The bond amount for a programshall be at least equal to the maximum amount of prepaid tuition held at anytime during the last fiscal year by the program. The bond amount shall also beat least ten thousand dollars ($10,000).

            Each application for a license shallinclude a letter signed by an authorized representative of the program showingin detail the calculations made and the method of computing the amount of thebond pursuant to this subdivision and the rules of the Board. If the Boardfinds that the calculations made and the method of computing the amount of thebond are inaccurate or that the amount of the bond is otherwise inadequate toprovide indemnification under the terms of the bond, the Board may require theapplicant to provide an additional bond.

            The bond shall remain in force and effectuntil cancelled by the guarantor. The guarantor may cancel the bond upon 30days notice to the Board. Cancellation of the bond shall not affect anyliability incurred or accrued prior to the termination of the notice period.

(3)        An applicant that is unable to secure a bond may seek awaiver of the guaranty bond from the Board and approval of one of the guarantybond alternatives set forth in this subdivision. With the approval of theBoard, an applicant may file with the clerk of the superior court of the countyin which the program will be located, in lieu of a bond:

a.         An assignment of a savings account in an amount equal to thebond required (i) which is in a form acceptable to the Board; (ii) which isexecuted by the applicant; and (iii) which is executed by a state or federalsavings and loan association, state bank, or national bank, that is doingbusiness in North Carolina and whose accounts are insured by a federaldepositors corporation; and (iv) for which access to the account in favor ofthe State of North Carolina is subject to the same conditions as for a bond insubdivision (2) of this subsection.

b.         A certificate of deposit (i) which is executed by a state orfederal savings and loan association, state bank, or national bank, which isdoing business in North Carolina and whose accounts are insured by a federaldepositors corporation; and (ii) which is either payable to the State of NorthCarolina, unrestrictively endorsed to the Board; in the case of a negotiablecertificate of deposit, is unrestrictively endorsed to the Board; or in thecase of a nonnegotiable certificate of deposit, is assigned to the Board in aform satisfactory to the Board; and (iii) for which access to the certificateof deposit in favor of the State of North Carolina is subject to the sameconditions as for a bond in subdivision (2) of this subsection. (1989, c. 323, s. 1; 1989 (Reg. Sess., 1990), c. 824,s. 5; 1999‑254, s. 1.)