State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-171_85

§ 90‑171.85. Adverse actions.

(a)        The licensing board of a remote state shall promptly reportto the administrator of the coordinated licensure information system any remotestate actions, including the factual and legal basis for the actions, if known.The licensing board of a remote state shall also promptly report any currentsignificant investigative information yet to result in a remote state action.The administrator of the coordinated licensure information system shallpromptly notify the home state of any such reports.

(b)        The licensing board of a party state may complete anypending investigation of a licensee who changes his or her primary state ofresidence during the course of the investigation. It may also take appropriateaction against a licensee and shall promptly report the conclusion of theinvestigation to the administrator of the coordinated licensure informationsystem. The administrator of the coordinated licensure information system shallpromptly notify the new home state of any action taken against a licensee.

(c)        A remote state may take adverse action that affects themultistate licensure privilege to practice within that party state. However,only the home state may take adverse action that affects a license that wasissued by the home state.

(d)        For purposes of taking adverse action, the licensing boardof the home state shall give to conduct reported by a remote state the samepriority and effect that it would if the conduct had occurred within the homestate. The board shall apply its own state laws to determine the appropriateaction that should be taken against the licensee.

(e)        The home state may take adverse action based upon thefactual findings of the remote state if each state follows its own proceduresfor imposing the adverse action.

(f)         This Compact does not prohibit a party state from allowinga licensee to participate in an alternative program instead of taking adverseaction against the licensee. If required by the party state's laws, thelicensee's participation in an alternative program shall be confidentialinformation. Party states shall require licensees who enter alternativeprograms to agree not to practice in any other party state during the term ofthe alternative program without prior authorization from the other party state.(1999‑245, s. 1.)