21 ncac 61 .0205             BACKGROUND INVESTIGATION

(a)  Every applicant for licensure shall submit to the Board a signed release form, completed Fingerprint Record Card, and an applicant information form as required by Rule 21 NCAC 61 .0205(g) of this Chapter to perform a criminal history check by the North Carolina State Bureau of Investigation and the Federal Bureau of Investigation as authorized by G.S. 90-652(1). In all instances the applicant must make full and accurate disclosure of all of the following events:

(1)           Any guilty plea or conviction of the applicant, in this State or any other jurisdiction, on any felony or misdemeanor (except for misdemeanor traffic violations);

(2)           Any entry of a plea of Nolo Contendre (No Contest), or entry of a Prayer for Judgment continued or similar arrangement, in this State or any other jurisdiction, on a felony or misdemeanor charge against the applicant (except for misdemeanor traffic violations);

(3)           Any other arrangement in which a verdict or judgment has been deferred or withheld, in this State or any other jurisdiction, on a felony or misdemeanor charge against the applicant, (except for misdemeanor traffic violations);

(4)           Any disciplinary action pending or ever taken against any health care provider license or certificate held by the applicant currently, or in the past, in this State or any other jurisdiction; and

(5)           The existence of any civil suit, in this State or any other jurisdiction, which arises out of or is related to the applicant's practice of respiratory care, or any other health care profession.

(b)  The applicant shall provide any additional information regarding any event reported as requested by the Board.

(c)  Failure to make full and accurate disclosure shall be grounds for immediate application denial, or other disciplinary action pursuant to G.S. 90-659.

(d)  The Board shall determine if any conviction is related to the duties and responsibilities of a respiratory care practitioner. The Board shall consider the following factors:

(1)           The nature and seriousness of the crime;

(2)           The extent to which a license might offer an opportunity to engage in further criminal activity of the same type; and

(3)           The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a respiratory care practitioner.

(e)  If the person's criminal activity is related to a history of chemical dependency, the Board shall also consider the person's efforts and success in achieving and maintaining recovery. Applicants with a history of chemical dependency shall demonstrate evidence of treatment or rehabilitation and at least two years of continuous recovery.

(f)  An individual whose application is denied or whose license is suspended or revoked may request a hearing under the procedure established in Article 3A of Chapter 150B of the North Carolina General Statutes.

(g)  All applicants pursuant to G.S. 90-652 shall sign a release form consenting to the criminal history record check and to the use of the applicant's fingerprints and other identifying information required by the North Carolina State Bureau of Investigation and the Federal Bureau of Investigation and shall provide the following information:

(1)           the applicant's full legal name and any other names previously used;

(2)           the applicant's sex and race;

(3)           the applicant's date of birth, place of birth, and citizenship;

(4)           the applicant's height and weight;

(5)           the applicant's hair color and eye color;

(6)           the applicant's current residential address;

(7)           the applicant's Social Security number, if required to conduct the criminal history record check;

(8)           a complete set of fingerprints submitted in a format approved by the North Carolina State Bureau of Investigation; and

(9)           payment of the required criminal history record check fees.

History Note:        Authority G.S. 90-652(1);

Eff. April 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015;

Amended Eff. September 1, 2026.