Section .1000 - Revocation, Suspension Or Denial Of Licensure

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 65 - recreational therapy licensure/21 ncac 65 .1001.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Section .1000 - REVOCATION, SUSPENSION OR DENIAL OF LICENSURE

 

21 NCAC 65 .1001             INVESTIGATIONS OF SUSPECTED

VIOLATIONS AND COMPLAINTS

(a)  It is the policy of the Board to investigate reports of

suspected malpractice, violations of Chapter 90C, complaints, reports of

discipline by an employer and sanctions imposed by a credentialing organization

or a professional association to protect the health, safety and welfare of

recreational therapy consumers.

(b)  The Board may require information from the licensee

regarding any disciplinary action taken by an employer or any sanctions issued

to the licensee by a credentialing board or by a professional association.  If

this information indicates suspected malpractice or ethical violations the

Board will investigate the matter in the same manner as a complaint and may, if

the facts indicate that malpractice or ethical violation has occurred, issue

sanctions or otherwise discipline the licensee.

(c)  A complaint regarding a violation of the G.S. 90C or

Rules and Regulations must be submitted in writing and must document:

(1)           The name of the licensee or other person

involved;

(2)           A description of the alleged behavior or

incident; and

(3)           The name, mailing address, email address

and phone number of the person filing the complaint.

(d)  An incomplete complaint may be corrected and

resubmitted.

(e)  Action on a complaint, a report of a suspected

violation of any provision of Chapter 90C, or a report of discipline by an

employer or sanction by a credentialing organization or a professional

association consists of the following:

(1)           The Board shall receive and acknowledge

complaints, open a file and initiate complaint tracking.

(2)           Complaints will be screened to determine

jurisdiction and the type of response appropriate for the complaint.

(3)           Investigation:

(A)          If the facts do not clearly indicate a Chapter 90C

violation, and the complaint can be handled without an investigation, the Board

shall request that the licensee cease conduct that could result in a violation.



(B)          If the facts clearly indicate a Chapter 90C

violation, the Board shall initiate an investigation. The Board may utilize

additional personnel such as licensees, law enforcement officials, or other

technical personnel that may be required in a particular case. If a Board

member is utilized in the investigation, care must be taken to observe due

process by separating (1) investigation, (2) prosecution, and (3) hearings and

final decision-making. No Board member shall participate in more than one of

these three steps in the enforcement process.

(C)          A confidential report of each investigation shall be

prepared for the Board’s review.

(4)           Formal and Informal Hearings:

(A)          The Board, after review of an investigative file,

may schedule an informal meeting.

(B)          If the matter cannot be resolved informally, then a

formal hearing shall be held.

(C)          Members of the Board shall not have communication

with parties outside of the hearing about the case.

(5)           Final Orders: As soon as possible, but at

least within 60 days, the Board will issue its final decision in writing

specifying the date on which it will take effect. The Board will serve one copy

of the decision to each party to the hearing.

(6)           Compliance: The Board Chair will initiate a

follow-up inquiry to determine that the orders of the Board are being obeyed.

(7)           Formal hearings shall be conducted in

accordance with G.S. 150B-38 et seq.

(f)  The following disciplinary sanctions regarding

recreational therapists and recreational therapy assistants may, among others,

be utilized by the Board:

(1)           Denial of Application;

(2)           Letter of Reprimand;

(3)           Required remedial education;

(4)           Probation;

(5)           Suspension of license;

(6)           Refusal of License Renewal;

(7)           Revocation of license;

(8)           Injunction.

(g)  The Board may request information from professional

associations, professional review organizations, hospitals, clinics or other

institutions in which a licensee performs professional services, on possible

chemical abuse, or incompetent or unethical behavior.

(h)  The Board will provide notice of sanction taken by it

to other public entities as necessary to ensure that other state boards,

enforcement authorities, and accrediting agencies receive the names of

licensees disciplined.

 

History Note:        Authority G.S. 90-24(8); 90C-32;

90C-24(a)(3);

Temporary Adoption Eff. December 1, 2005;

Eff. January 1, 2007.