§ 90-113.44. Grounds for disciplinary action.
§ 90‑113.44. Grounds for disciplinary action.
(a) Grounds for disciplinary action for an applicant orcredentialed professional include:
(1) The employment of fraud, deceit, or misrepresentation inobtaining or attempting to obtain licensure, certification, or registration orrenewal of licensure, certification, or registration.
(2) The use of drugs or alcoholic beverages to the extent thatprofessional competency is affected.
(2a) The use of drugs or alcoholic beverages to the extent that asubstance abuse professional suffers impairment.
(3) Conviction of an offense under any municipal, State, orfederal law other than traffic laws as prescribed by Chapter 20 of the GeneralStatutes.
(4) Conviction of a felony or other public offense involvingmoral turpitude. Conviction of a Class A‑E felony shall result in animmediate suspension of licensure, certification, or registration for a minimumof one year.
(5) An adjudication of insanity or incompetency, until proof ofrecovery from this condition can be established by a licensed psychologist orpsychiatrist.
(6) Engaging in any act or practice in violation of any of theprovisions of this Article or any of the rules adopted pursuant to it, oraiding, abetting, or assisting any other person in such a violation.
(7) The commission of an act of malpractice, gross negligence,or incompetence while serving as a substance abuse professional, intern, orregistrant.
(8) Repealed by Session Laws 2005‑431, s. 1, effectiveSeptember 22, 2005.
(9) Engaging in conduct that could result in harm or injury tothe public.
(10) Entering into a dual relationship that impairs professionaljudgment or increases the risk of exploitation with a client or supervisee.
(11) Practicing as a credentialed substance abuse professionaloutside of his or her scope of practice pursuant to G.S. 90‑113.31B.
(b) Denial of an applicant's licensure, certification, orregistration or the granting of licensure, certification, or registration on aprobationary or other conditional status shall be subject to substantially thesame rules and procedures prescribed by the Board for review and disciplinaryactions against any person holding a license, certificate, or registration. Asuspension of a credential resulting from impairment due to substance use, mentalhealth, or medical disorder shall be imposed for at least six months beginningfrom the date of successful discharge from a residential substance abusetreatment program or other appropriate treatment modality determined as aresult of an assessment by a Board‑approved assessor. Disciplinaryactions involving a clinical addictions specialist whose licensure is achievedthrough deemed status shall be initially heard by the specialist'scredentialing body. The specialist may appeal the body's decision to the Board.The Board shall, however, have the discretionary authority to hear the initialdisciplinary action involving a credentialed professional. (1993 (Reg. Sess., 1994), c. 685, s. 1; 1997‑492, s. 14; 2001‑370,s. 7; 2005‑431, s. 1.)