21 NCAC 61 .0308             CONTINUING DUTY TO REPORT

(a)  All licensed respiratory care practitioners and provisional licensees are under a continuing duty to make a full and accurate disclosure of all of the following events to the Board:

(1)           Any guilty plea or conviction of the applicant in this State or in 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 in 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 in 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 in any other jurisdiction; and

(5)           The existence of any civil suit, in this State or in 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)  All supervising respiratory care practitioners are under a continuing duty to report to the Board any and all:

(1)           terminations of any respiratory care practitioner for violations of the North Carolina Respiratory Care Practice Act or Board rules; and

(2)           violations of the practice act or Board rules by any respiratory care practitioner under his or her supervision.

(c)  The reports required by this Rule must be made within 15 calendar days of the occurrence of an event triggering the duty to disclose, but a failure to make a report within 15 calendar days does not bar the Board from investigating or taking action on the matter when it is reported.

History Note:        Authority G.S. 90-652(2); 90-652(5); G.S. 90-659 (a)(2); and G.S. 90-647;

Temporary Adoption Eff. October 15, 2001;

Eff. August 1, 2002;

Amended Eff. September 1, 2010; July 1, 2005;

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

Amended Eff. September 1, 2026.