State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-270_60

§ 90‑270.60.  Denial,revocation, or suspension of license; other disciplinary or remedial actions.

(a)        The Board may deny,revoke, or suspend licensure, discipline, place on probation, limit practice,or require examination, remediation, or rehabilitation, or any combination ofthe disciplinary actions described in this subsection, of any applicant orperson licensed under this Article on one or more of the following grounds:

(1)        Has been convictedof a felony or entered a plea of guilty or nolo contendere to any felony chargeunder the laws of the United States or of any state of the United States.

(2)        Has been convictedof or entered a plea of guilty or nolo contendere to any misdemeanor involvingmoral turpitude, misrepresentation, or fraud in dealing with the public, orconduct otherwise relevant to fitness to practice marriage and family therapy,or a misdemeanor charge reflecting the inability to practice marriage andfamily therapy with due regard to the health and safety of clients.

(3)        Has engaged in fraudor deceit in securing or attempting to secure or renew a license under thisArticle or has willfully concealed from the Board material information inconnection with application for a license or renewal of a license under thisArticle.

(4)        Has practiced anyfraud, deceit, or misrepresentation upon the public, the Board, or anyindividual in connection with the practice of marriage and family therapy, theoffer of professional marriage and family therapy services, the filing ofMedicare, Medicaid, or other claims to any third‑party payor, or in anymanner otherwise relevant to fitness for the practice of marriage and familytherapy.

(5)        Has made fraudulent,misleading, or intentionally or materially false statements pertaining toeducation, licensure, license renewal, supervision, continuing education, anydisciplinary actions or sanctions pending or occurring in any otherjurisdiction, professional credentials, or qualifications or fitness for thepractice of marriage and family therapy to the public, any individual, theBoard, or any other organization.

(6)        Has had a license orcertification for the practice of marriage and family therapy in any otherjurisdiction suspended or revoked, or has been disciplined by the licensing orcertification board in any other jurisdiction for conduct which would subjectthe licensee to discipline under this Article.

(7)        Has violated anyprovision of this Article or any rules adopted by the Board.

(8)        Has aided or abettedthe unlawful practice of marriage and family therapy by any person not licensedby the Board.

(9)        Has been guilty ofimmoral, dishonorable, unprofessional, or unethical conduct as defined in thissubsection or in the current code of ethics of the American Association forMarriage and Family Therapy. However, if any provision of the code of ethics isinconsistent and in conflict with the provisions of this Article, theprovisions of this Article shall control.

(10)      Has practicedmarriage and family therapy in such a manner as to endanger the welfare of clients.

(11)      Has demonstrated aninability to practice marriage and family therapy with reasonable skill andsafety by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,chemicals, or any other substance affecting mental or physical functioning, oras a result of any mental or physical condition.

(12)      Has practicedmarriage and family therapy outside the boundaries of demonstrated competenceor the limitations of education, training, or supervised experience.

(13)      Has exercised undueinfluence in such a manner as to exploit the client, student, supervisee, ortrainee for the financial or other personal advantage or gratification of themarriage and family therapist or a third party.

(14)      Has harassed orabused, sexually or otherwise, a client, student, supervisee, or trainee.

(15)      Has failed tocooperate with or to respond promptly, completely, and honestly to the Board,to credentials committees, or to ethics committees of professionalassociations, hospitals, or other health care organizations or educationalinstitutions, when those organizations or entities have jurisdiction.

(16)      Has refused to appearbefore the Board after having been ordered to do so in writing by the chair.

(b)        The Board may, inlieu of denial, suspension, or revocation, take any of the followingdisciplinary actions:

(1)        Issue a formalreprimand or formally censure the applicant or licensee.

(2)        Place the applicantor licensee on probation with the appropriate conditions on the continuedpractice of marriage and family therapy deemed advisable by the Board.

(3)        Require examination,remediation, or rehabilitation for the applicant or licensee, including care,counseling, or treatment by a professional or professionals designated orapproved by the Board, the expense to be borne by the applicant or licensee.

(4)        Require supervisionof the marriage and family therapy services provided by the applicant orlicensee by a licensee designated or approved by the Board, the expense to beborne by the applicant or licensee.

(5)        Limit orcircumscribe the practice of marriage and family therapy provided by theapplicant or licensee with respect to the extent, nature, or location of themarriage and family therapy services provided, as deemed advisable by theBoard.

(6)        Discipline andimpose any appropriate combination of the types of disciplinary action listedin this subsection.

In addition, the Board mayimpose conditions of probation or restrictions on the continued practice ofmarriage and family therapy at the conclusion of a period of suspension or as arequirement for the restoration of a revoked or suspended license. In lieu ofor in connection with any disciplinary proceedings or investigation, the Boardmay enter into a consent order relative to discipline, supervision, probation,remediation, rehabilitation, or practice limitation of a licensee or applicantfor a license.

(c)        The Board mayassess costs of disciplinary action against an applicant or licensee found tobe in violation of this Article.

(d)        When consideringthe issue of whether an applicant or licensee is physically or mentally capableof practicing marriage and family therapy with reasonable skill and safety withpatients or clients, upon a showing of probable cause to the Board that theapplicant or licensee is not capable of practicing professional counseling withreasonable skill and safety with patients or clients, the Board may petition acourt of competent jurisdiction to order the applicant or licensee in questionto submit to a psychological evaluation by a psychologist to determinepsychological status or a physical evaluation by a physician to determinephysical condition, or both. The psychologist or physician shall be designatedby the court. The expenses of the evaluations shall be borne by the Board. Wherethe applicant or licensee raises the issue of mental or physical competence orappeals a decision regarding mental or physical competence, the applicant orlicensee shall be permitted to obtain an evaluation at the applicant's orlicensee's expense. If the Board suspects the objectivity or adequacy of theevaluation, the Board may compel an evaluation by its designated practitionersat its own expense.

(e)        Except as providedotherwise in this Article, the procedure for revocation, suspension, denial, limitationsof the license, or other disciplinary, remedial, or rehabilitative actions,shall be in accordance with the provisions of Chapter 150B of the GeneralStatutes. The Board is required to provide the opportunity for a hearing underChapter 150B of the General Statutes to any applicant whose license or healthservices provider certification is denied or to whom licensure or healthservices provider certification is offered subject to any restrictions,probation, disciplinary action, remediation, or other conditions orlimitations, or to any licensee before revoking, suspending, or restricting alicense or health services provider certificate or imposing any otherdisciplinary action or remediation. If the applicant or licensee waives theopportunity for a hearing, the Board's denial, revocation, suspension, or otherproposed action becomes final without a hearing having been conducted.Notwithstanding the provisions of this subsection, no applicant or licensee isentitled to a hearing for failure to pass an examination. In any proceedingbefore the Board, in any record of any hearing before the Board, in anycomplaint or notice of charges against any licensee or applicant for licensure,and in any decision rendered by the Board, the Board may withhold from publicdisclosure the identity of any clients who have not consented to the publicdisclosure of services provided by the licensee or applicant. The Board mayclose a hearing to the public and receive in closed session evidence involvingor concerning the treatment of or delivery of services to a client who has notconsented to the public disclosure of the treatment or services as may benecessary for the protection and rights of the client of the accused applicantor licensee and the full presentation of relevant evidence.

(f)         All records,papers, and other documents containing information collected and compiled by oron behalf of the Board, as a result of investigations, inquiries, or interviewsconducted in connection with licensing or disciplinary matters, shall not beconsidered public records within the meaning of Chapter 132 of the GeneralStatutes. However, any notice or statement of charges against any licensee orapplicant, or any notice to any licensee or applicant of a hearing in anyproceeding, or any decision rendered in connection with a hearing in anyproceeding, shall be a public record within the meaning of Chapter 132 of theGeneral Statutes, though the record may contain information collected andcompiled as a result of the investigation, inquiry, or hearing. Any identifyinginformation concerning the treatment of or delivery of services to a client whohas not consented to the public disclosure of the treatment or services may beredacted. If any record, paper, or other document containing informationcollected and compiled by or on behalf of the Board, as provided in thissection, is received and admitted in evidence in any hearing before the Board,it shall be a public record within the meaning of Chapter 132 of the GeneralStatutes, subject to any deletions of identifying information concerning thetreatment of or delivery of marriage and family therapy services to a clientwho has not consented to the public disclosure of treatment or services.

(g)        A person whoselicense has been denied or revoked may reapply to the Board for licensure afterone calendar year from the date of the denial or revocation.

(h)        A licensee mayvoluntarily relinquish his or her license at anytime. Notwithstanding anyprovision to the contrary, the Board retains full jurisdiction to investigatealleged violations of this Article by any person whose license is relinquishedunder this subsection and, upon proof of any violation of this Article by theperson, the Board may take disciplinary action as authorized by this section.

(i)         The Board mayadopt rules deemed necessary to interpret and implement this section.  (1979, c. 697, s. 1; 1985,c. 223, s. 1; 1987, c. 827, s. 1; 1993 (Reg. Sess., 1994), c. 564, s. 2; 2009‑393,s. 16.)