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
(2) A description of the alleged behavior or
(3) The name, mailing address, email address
and phone number of the person filing the complaint.
(d) An incomplete complaint may be corrected and
(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.
(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;
(5) Suspension of license;
(6) Refusal of License Renewal;
(7) Revocation of license;
(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
History Note: Authority G.S. 90-24(8); 90C-32;
Temporary Adoption Eff. December 1, 2005;
Eff. January 1, 2007.