subchapter 32B – license to practice medicine
section .0100 - general
21 NCAC 32B .0101 DEFINITIONS
21 NCAC 32B .0102 DISCARDING APPLICATION MATERIAL
History Note: Authority G.S. 90-6;
Eff. May 1, 1989;
Amended Eff. July 1, 2004; July 1, 1993; January 1, 1992;
March 1, 1991;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0103 FORMS
History Note: Authority G.S. 150B‑11;
Eff May 1, 1989;
Repealed Eff. August 1, 2002.
21 NCAC 32B .0104 CRIMINAL BACKGROUND CHECK
History Note: Authority G.S. 90-6; 90-9; 90-11;
Temporary Adoption Eff. December 1, 2002;
Eff. August 1, 2004;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0105 FEDERATION cREDENTIAL VERIFICATION
SERVICE PROFILE
21 NCAC 32B .0106 DATA BANK REPORTS
History Note: Authority G.S. 90-6; 90-11;
Eff. October 1, 2006;
Repealed Eff. August 1, 2010.
SECTION .0200 - LICENSE BY WRITTEN EXAMINATION
21 ncac 32b .0201 MEDICAL EDUCATION
21 ncac 32b .0202 ecfmg certification
21 ncac 32b .0203 certification of graduation
History Note: Authority G.S. 90-6; 90-9; 90-10;
Eff. February 1, 1976;
Amended Eff. March 1, 1987; November 1, 1985;
Temporary Amendment Eff. January 31, 1985 for a period of
120 days to expire on May 30, 1985;
Amended Eff. January 1983; October 29, 1979;
Recodified from 21 NCAC 32B .0101-.0103 Eff. April 5,
1989;
Amended Eff. May 1, 1989;
Repealed Eff. August 1, 2002.
21 NCAC 32B .0204 CERTIFIED PHOTOGRAPH AND CERTIFICATION
OF GRADUATION
History Note: Authority G.S. 90‑9;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0104 Eff. April 5, 1989;
Amended Eff. July 1, 2004; May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0205 CITIZENSHIP
History Note: Filed as a Temporary Repeal Eff. February
16, 1990, for a period of 135 days to expire
on July 1, 1990;
Filed as a Temporary Repeal Eff. September 5, 1989 for a
period of 180 days to expire on
March 3, 1990;
Filed as a Temporary Amendment Eff. January 31, 1985 for
a period of 120 days to expire
on May 30, 1985;
Statutory Authority G.S. 90‑9;
Eff. February 1, 1976;
Amended Eff. November 1, 1985; May 1, 1985;
Recodified from 21 NCAC 32B .0105 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
ARRC Objection Lodged October 19, 1989;
ARRC Objection Lodged March 15, 1990;
Repealed Eff. May 1, 1990.
21 NCAC 32B .0206 APPLICATION FORMS
21 NCAC 32B .0207 LETTERS OF RECOMMENDATION
History Note: Authority G.S. 90‑9; 90‑11;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0106 Eff. April 5, 1989;
Recodified from 21 NCAC 32B .0107 Eff. April 5, 1989;
Amended Eff. July 1, 2004; May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0208 MILITARY STATUS
History Note: Authority G.S. 90‑9;
Eff. February 1, 1976;
Recodified from 21 NCAC 32B .0108 Eff. April 5, 1989;
Repealed Eff. May 1, 1989.
21 NCAC 32B .0209 FEE
History Note: Authority G.S. 90-15;
Eff. February 1, 1976;
Amended Eff. December 1, 1984;
Temporary Amendment Eff. January 31, 1985 for a period of
120 days to expire on May 30, 1985;
Amended Eff. March 1, 1989; December 1, 1985; May 1,
1985;
Recodified From 21 NCAC 32B .0109 Eff. April 5, 1989;
Amended Eff. July 1, 2007; July 1, 2004; April 1, 1994;
July 1, 1993; May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0210 REQUIRED APPLICATION MATERIALS
History Note: Authority G.S. 90‑9;
Eff. February 1, 1976;
Temporary Amendment Eff. January 31, 1985 for a period of
120 days to expire on May 30, 1985;
Amended Eff. September 1, 1987; November 1, 1985; May 1,
1985;
Recodified from 21 NCAC 32B .0110 Eff. April 5, 1989;
Amended Eff. July 1, 2004; July 1, 1993; May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0211 PASSING SCORE
History Note: Authority G.S. 90‑9; 90‑12;
90‑15;
Eff. February 1, 1976;
Amended Eff. January 1, 1983; November 8, 1977;
Temporary Amendment Eff. January 31, 1985 for a period of
120 days to expire on May 30, 1985;
Amended Eff. November 1, 1985; May 1, 1985;
Recodified from 21 NCAC 32B .0111 Eff. April 5, 1989;
Amended Eff. September 1, 2007; July 1, 2004; July 1,
1993; May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0212 EXAMINATION TIMES
History Note: Authority G.S. 90‑5;
Eff. February 1, 1976;
Recodified from 21 NCAC 32B .0112 Eff. April 5, 1989;
Amended Eff. July 1, 2004; April 1, 1994; July 1, 1993;
May 1, 1985;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0213 GRADUATE MEDICAL EDUCATION AND
TRAINING FOR LICENSURE
History Note: Authority G.S. 90‑9;
Eff. November 8, 1977;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0113 Eff. April 5, 1989;
Amended Eff. July 1, 2007; July 1, 2004; July 1, 1993;
May 1, 1989;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0214 PERSONAL INTERVIEW
History Note: Authority G.S. 90‑6;
Eff. May 1, 1985;
Temporary Rule Eff. January 31, 1985 for a period of 120
days to expire on May 30, 1985;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0114 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
Temporary Amendment Eff. September 5, 1989 for a period
of 180 days to expire on March 3, 1990;
ARRC Objection Lodged October 19, 1989;
Temporary Amendment Eff. February 16, 1990, for a period
of 135 days to expire on July 1, 1990;
ARRC Objection Lodged March 15, 1990;
Amended Eff. July 1, 2004; September 1, 1995; July 1,
1993; May 1, 1990;
Repealed Eff. April 1, 2008.
21 NCAC 32B .0215 EXAMINATION COMBINATIONS
History Note: Authority G.S. 90‑6; 90‑9; 90‑11;
Eff. July 1, 1993;
Repealed Eff. July 1, 2004.
section .0300 – license by endorsement
21 NCAC 32B .0301 MEDICAL EDUCATION
21 NCAC 32B .0302 ECFMG CERTIFICATION
History Note: Authority G.S. 90-6; 90-9; 90-10; 90‑13;
Eff. February 1, 1976;
Amended Eff. January 1, 1983; October 29, 1979;
Temporary Amendment Eff. January 31, 1985 for a period of 120 days to expire on May 30, 1985;
Amended Eff. March 1, 1987; November 1, 1985; May 1,
1985;
Recodified from 21 NCAC 32B .0201 Eff. April 5, 1989;
(Rule .0301);
Recodified from 21 NCAC 32B .0202 Eff. April 5, 1989;
(Rule .0302);
Amended Eff. July 1, 2004; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0303 CITIZENSHIP
History Note: Filed as a Temporary Repeal Eff. February
16,1990, for a period of 135 days to expire on
July 1, 1990;
Filed as a Temporary Repeal Eff. September 5, 1989 for a
period of 180 days to expire on
March 3, 1990;
Statutory Authority G.S. 90‑13;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0203 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
ARRC Objection Lodged October 19, 1989;
ARRC Objection Lodged March 15, 1990;
Repealed Eff. May 1, 1990.
21 NCAC 32B .0304 APPLICATION FORMS
21 NCAC 32B .0305 EXAMINATION BASIS FOR ENDORSEMENT
21 NCAC 32B .0306 LETTERS OF RECOMMENDATION
21 NCAC 32B .0307 CERTIFIED PHOTOGRAPH AND CERTIFICATION
OF GRADUATION
21 NCAC 32B .0308 FEE
History Note: Authority G.S. 90-8.1; 90-9.1(c); 90‑10;
90‑13; 90-15;
Eff. February 1, 1976;
Amended Eff. November 1, 1985; December 1, 1984; November
1, 1982;
Recodified from 21 NCAC 32B .0204 Eff. April 5, 1989;
(Rule .0304);
Recodified from 21 NCAC 32B .0205 Eff. April 5, 1989; (Rule
.0305);
Recodified from 21 NCAC 32B .0206 Eff. April 5, 1989; (Rule
.0306);
Recodified from 21 NCAC 32B .0207 Eff. April 5, 1989; (Rule
.0307);
Recodified from 21 NCAC 32B .0208 Eff. April 5, 1989; (Rule
.0308);
Amended Eff. August 1, 2008; July 1, 2007; July 1, 2004;
February 1, 1995; April 1, 1994; January 1, 1992; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0309 PERSONAL INTERVIEW
History Note: Authority G.S. 90‑13;
Eff. February 1, 1976;
Amended Eff. November 1, 1985; November 8, 1977;
Recodified from 21 NCAC 32B .0209 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
ARRC Objection Lodged October 19, 1989;
Temporary Amendment Eff. September 5, 1989 for a period of 180 days to expire on March 3, 1990;
Temporary Amendment Eff. February 16, 1990, for a period of 135 days to expire on July 1, 1990;
ARRC Objection Lodged March 15, 1990;
Amended Eff. May 1, 1990;
Temporary Amendment Eff. February 15, 1991 for a period of 180 days to expire on August 15, 1991;
ARRC Objection Lodged February 25, 1991;
Temporary Amendment Expired August 15, 1991;
Amended Eff. July 1, 2004; September 1, 1995; July 1,
1993; September 1, 1991;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0310 DEADLINE
History Note: Authority G.S. 90‑6;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0210 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
Repealed Eff. July 1, 2004.
21 NCAC 32B .0311 ENDORSEMENT RELATIONS
21 NCAC 32B .0312 ROUTINE INQUIRIES
History Note: Authority G.S. 90-6; 90-11; 90‑13;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0212 Eff. April 5, 1989;
(Rule .0312);
Recodified from 21 NCAC 32B .0211 Eff. April 5, 1989;
(Rule .0311);
Amended Eff. October 1, 2006; July 1, 2004; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0313 GRADUATE MEDICAL EDUCATION AND
TRAINING
History Note: Authority G.S. 90‑13;
Eff. November 8, 1977;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0213 Eff. April 5, 1989;
Amended Eff. July 1, 2004; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0314 PASSING EXAM SCORE
History Note: Authority G.S. 90‑6; 90‑10;
90‑13;
Eff. January 1, 1983;
Temporary Amendment Eff. January 31, 1985 for a period of 120 days to expire on May 30, 1985;
Amended Eff. November 1, 1985; May 1, 1985;
Recodified from 21 NCAC 32B .0214 Eff. April 5, 1989;
Amended Eff. September 1, 2007; October 1, 2006; July 1,
2004; July 1, 1993; January 1, 1992; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0315 TEN-YEAR QUALIFICATION
History Note: Authority G.S. 90‑11; 90‑13;
Eff. March 1, 1991;
Amended Eff. July
1, 2004; February 1, 1995; July 1, 1993; January 1, 1992;
Repealed August
1, 2010.
21 NCAC 32B .0316 SPEX FEE
History Note: Authority G.S. 90‑15;
Eff. March 1, 1991;
Repealed Eff. July 1, 2004.
SECTION .0400 ‑ TEMPORARY LICENSE BY ENDORSEMENT OF
CREDENTIALS
21 NCAC 32B .0401 CREDENTIALS
21 NCAC 32B .0402 TEMPORARY LICENSE FEE
History Note: Authority G.S. 90‑13; 90‑15;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0301 Eff. April 5, 1989
(Rule .0401);
Recodified from 21 NCAC 32B .0302 Eff. April 5, 1989
(Rule .0402);
Amended Eff. April 1, 1994; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0403 HARDSHIP
History Note: Authority G.S. 90‑13;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0303 Eff. April 5, 1989;
Repealed Eff. May 1, 1989.
21 NCAC 32B .0404 CITIZENSHIP
21 NCAC 32B .0405 STATE BOARD INQUIRIES
21 NCAC 32B .0406 AMA REPORT
21 NCAC 32B .0407 DEA REPORT
21 NCAC 32B .0408 MILITARY STATUS
21 NCAC 32B .0409 FOREIGN MEDICAL GRADUATES
21 NCAC 32B .0410 FEE
21 NCAC 32B .0411 HARDSHIP
21 NCAC 32B .0412 PERSONAL APPEARANCE
21 NCAC 32B .0413 BOARD INTERVIEW
History Note: Filed as a Temporary Amendment Eff.
January 31, 1985 For a Period of 120 Days to Expire
on May 30, 1985;
Statutory Authority G.S. 90‑6; 90‑10; 90‑13;
90‑15;
Eff. February 1, 1976;
Amended Eff. May 1, 1985; December 1, 1984; January 1,
1983; October 29, 1979;
Repealed Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0304‑.0313 Eff. April
5, 1989.
21 NCAC 32B .0414 POSTGRADUATE TRAINING
History Note: Authority G.S. 90‑13;
Eff. November 8, 1977;
Repealed Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0314 Eff. April 5, 1989.
21 NCAC 32B .0415 PASSING FLEX SCORE
History Note: Filed as a Temporary Amendment Eff.
January 31, 1985 For a Period of 120 Days to Expire
on May 30, 1985;
Statutory Authority G.S. 90‑6; 90‑10; 90‑13;
Eff. January 1, 1983;
Amended Eff. May 1, 1985;
Repealed Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0315 Eff. April 5, 1989.
SECTION .0500 ‑ RESIDENT'S TRAINING LICENSE
21 NCAC 32B .0501 APPLICATION FORM
21 NCAC 32B .0502 CERTIFICATION OF GRADUATION
21 NCAC 32B .0503 CERTIFIED PHOTOGRAPH
21 NCAC 32B .0504 LETTERS OF RECOMMENDATION
21 NCAC 32B .0505 APPOINTMENT LETTER
21 NCAC 32B .0506 FEE
21 NCAC 32B .0507 ECFMG CERTIFICATION
History Note: Authority G.S. 90‑15
Eff. February 1, 1976;
Amended Eff. November 1, 1985; December 1, 1984; October
29, 1979;
Recodified from 21 NCAC 32B .0401 Eff. April 5, 1989
(Rule .0501);
Recodified from 21 NCAC 32B .0402 Eff. April 5, 1989 (Rule
.0502);
Recodified from 21 NCAC 32B .0403 Eff. April 5, 1989 (Rule
.0503);
Recodified from 21 NCAC 32B .0404 Eff. April 5, 1989 (Rule
.0504);
Recodified from 21 NCAC 32B .0405 Eff. April 5, 1989 (Rule
.0505);
Recodified from 21 NCAC 32B .0406 Eff. April 5, 1989 (Rule
.0506);
Recodified form 21 NCAC 32B .0407 Eff. April 5, 1989 (Rule
.0507);
Amended Eff. July 1, 2007; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0508 MEDICAL EDUCATION
History Note: Authority G.S. 90‑15;
Eff. December 1, 1985;
Recodified from 21 NCAC 32B .0408 Eff. April 5, 1989;
Amended Eff. August 1, 2002; May 1, 1990; May 1, 1989;
Repealed Eff. August 1, 2010.
SECTION .0600 ‑ SPECIAL LIMITED LICENSE
21 NCAC 32B .0601 APPLICATION AND LIMITATION
21 NCAC 32B .0602 CERTIFICATION OF GRADUATION
History Note: Authority G.S. 90-12;
Eff. February 1, 1976;
Amended Eff. November 1, 1985;
Recodified from 21 NCAC 32B .0501 Eff. April 5, 1989
(Rule .0601);
Recodified from 21 NCAC 32B .0502 Eff. April 5, 1989
(Rule .0602);
Amended Eff. May 1, 1989;
Repealed Eff. March 1, 2011.
21 NCAC 32B .0603 CERTIFIED PHOTOGRAPH
21 NCAC 32B .0604 LETTERS OF RECOMMENDATION
21 NCAC 32B .0605 DIPLOMA OF PSYCHOLOGICAL MEDICINE
21 NCAC 32B .0606 FEE
21 NCAC 32B .0607 ECFMG CERTIFICATION
21 NCAC 32B .0608 PERSONAL INTERVIEW
History Note: Authority G.S. 90‑11; 90‑12;
90‑15;
Eff. February 1, 1976;
Amended Eff. November 1, 1985; December 1, 1984; October
29, 1979;
Recodified from 21 NCAC 32B .0503 Eff. April 5, 1989
(Rule .0603);
Recodified from 21 NCAC 32B .0504 Eff. April 5, 1989 (Rule
.0604);
Recodified from 21 NCAC 32B .0505 Eff. April 5, 1989 (Rule
.0605);
Recodified from 21 NCAC 32B .0506 Eff. April 5, 1989 (Rule
.0606);
Recodified from 21 NCAC 32B .0507 Eff. April 5, 1989 (Rule
.0607);
Recodified from 21 NCAC 32B .0508 Eff. April 5, 1989 (Rule
.0608);
Amended Eff. July 1, 2004; May 1, 1989;
Repealed Eff. August 1, 2010.
SECTION .0700 ‑ CERTIFICATE OF REGISTRATION FOR VISITING
PROFESSORS
21 NCAC 32B .0701 REQUEST FOR THE CERTIFICATE OF
REGISTRATION
21 NCAC 32B .0702 MEDICAL LICENSURE
21 NCAC 32B .0703 LIMITATION
21 NCAC 32B .0704 DURATION
21 NCAC 32B .0705 PERSONAL INTERVIEW
21 NCAC 32B .0706 FEE FOR VISITING PROFESSORS
CERTIFICATE OF REGISTRATION
History Note: Authority G.S. 90‑12; 90‑15;
Eff. February 1, 1976;
Amended Eff. December 1, 1985; November 1, 1985; December
1, 1984;
Recodified from 21 NCAC 32B .0601 Eff. April 5, 1989
(Rule .0701);
Recodified from 21 NCAC 32B .0602 Eff. April 5, 1989
(Rule .0702);
Recodified from 21 NCAC 32B .0603 Eff. April 5, 1989
(Rule .0703);
Recodified from 21 NCAC 32B .0604 Eff. April 5, 1989
(Rule .0704);
Recodified from 21 NCAC 32B .0605 Eff. April 5, 1989
(Rule .0705);
Recodified from 21 NCAC 32B .0606 Eff. April 5, 1989
(Rule .0706);
Amended Eff. July 1, 2004; September 1, 1995; April 1,
1994; May 1, 1989;
Repealed Eff. August 1, 2010.
21 NCAC 32B .0707 CERTIFIED PHOTOGRAPH
History Note: Authority G.S. 90‑12;
Eff. March 1, 1988;
Recodified from 21 NCAC 32B .0607 Eff. April 5, 1989;
Amended Eff. May 1, 1989;
Repealed Eff. August 1, 2010.
SECTION .0800 ‑ MEDICAL SCHOOL FACULTY LICENSE
21 NCAC 32B .0801 DEFINITION OF PRACTICE
21 NCAC 32B .0802 ELIGIBILITY REQUIREMENTS
21 NCAC 32B .0803 APPLICATION
21 NCAC 32B .0804 FEE
21 NCAC 32B .0805 CERTIFIED PHOTOGRAPH AND CERTIFICATE
OF GRADUATION
21 NCAC 32B .0806 VERIFICATION OF MEDICAL LICENSURE
21 NCAC 32B .0807 LETTERS OF RECOMMENDATION
21 NCAC 32B .0808 PERSONAL INTERVIEW
History Note: Authority G.S. 90-12;
Eff. October 1, 1993;
Amended Eff. July 1, 2004; September 1, 1995;
Repealed Eff. March 1, 2011.
SECTION .0900 ‑ SPECIAL VOLUNTEER LICENSE
21 NCAC 32B .0901 DEFINITION OF PRACTICE
21 NCAC 32B .0902 QUALIFICATION FOR LICENSURE
History Note: Authority G.S. 90‑13; 90‑15;
Eff. December 1, 1995;
Repealed Eff. August 1, 2010.
SECTION .1000 ‑ prescribing
21 NCAC 32B .1001 authority to prescribe
(a) A license to practice medicine issued under this
Subchapter allows the physician to prescribe medications, including controlled
substances, so long as the physician complies with all state and federal laws
and regulations governing the writing and issuance of prescriptions.
(b) A physician must possess a valid United States Drug
Enforcement Administration ("DEA") registration in order for the
physician to supervise any other health professional (physician assistant,
nurse practitioner, clinical pharmacist practitioner) with prescriptive
authority for controlled substances. The DEA registration of the supervising
physician must include the same schedule(s) of controlled substances as the
supervised health professional's DEA registration.
(c) A physician shall not prescribe controlled substances,
as defined by the state and federal controlled substance acts for:
(1) the physician's own use;
(2) the use of the physician's immediate
family;
(3) the use of any other person living in the
same residence as the licensee; or
(4) the use of any person with whom the
physician is having a sexual relationship.
As used in this Paragraph, "immediate family"
means a spouse, parent, child, sibling, parent-in-law, son-in-law or
daughter-in-law, brother-in-law or sister-in-law, step-parent, step-child,
step-sibling.
History Note: Authority G.S. 90‑2(a); 90-5.1;
Eff. June 1, 2007;
Amended Eff. August 1, 2012.
SECTION .1100 – REACTIVATION OF FULL LICENSE
21 NCAC 32B .1101 APPLICATION FORMS
History Note: Authority G.S. 90-6; 90-15.1;
Eff. January 1, 2008;
Repealed Eff. August 1, 2010.
21 NCAC 32B .1102 FEE
History Note: Authority G.S. 90-6; 90-15.1;
Eff. February 5, 2008;
Repealed Eff. August 1, 2010.
21 NCAC 32B .1103 PERSONAL INTERVIEW
21 NCAC 32B .1104 ROUTINE INQUIRIES
21 NCAC 32B .1105 CME
History Note: Authority G.S. 90-6; 90-14; 90-15.1;
Eff. January 1, 2008;
Repealed Eff. August 1, 2010.
SECTION .1200 – REINSTATEMENT OF FULL LICENSE
21 NCAC 32B .1201 APPLICATION FORMS
21 NCAC 32B .1202 LETTERS OF RECOMMENDATION
History Note: Authority G.S. 90-6; 90-14; 90-15.1;
Eff. January 1, 2008;
Repealed Eff. August 1, 2010.
21 NCAC 32B .1203 FEE
History Note: Authority G.S. 90-6; 90-14; 90-15.1;
Eff. February 5, 2008;
Repealed August 1, 2010.
21 NCAC 32B .1204 PERSONAL INTERVIEW
21 NCAC 32B .1205 ROUTINE INQUIRIES
21 NCAC 32B .1206 ECFMG CERTIFICATION
History Note: Authority G.S. 90-6; 90-14; 90-15.1;
Eff. January 1, 2008;
Repealed Eff. August 1, 2010.
21 NCAC 32B .1207 TEN-YEAR QUALIFICATION
History Note: Authority G.S. 90-6; 90-10; 90-14;
90-15.1;
Eff. February 1, 2008;
Repealed Eff. August 1, 2010.
section .1300 - general
21 NCAC 32B .1301 DEFINITIONS
The following definitions apply to Rules within this
Subchapter:
(1) ABMS - American Board of Medical Specialties;
(2) ACGME – Accreditation Council for Graduate Medical
Education;
(3) AMA – American Medical Association;
(4) AMA Physician's Recognition Award – American
Medical Association recognition of achievement by physicians who have
voluntarily completed programs of continuing medical education;
(5) AOA – American Osteopathic Association;
(6) AOIA – American Osteopathic Information
Association;
(7) Area(s) of Practice – the medical or surgical
specialty in which a physician or physician assistant has practiced or intends
to practice;
(8) Board –The North Carolina Medical Board;
(9) CACMS – Committee for the Accreditation of Canadian
Medical Schools;
(10) CAQ – Certificate of Added Qualification conferred
by a specialty board recognized by the ABMS, the AOA, CCFP, FRCP or FRCS;
(11) CCFP – Certificant of the College of Family
Physicians;
(12) CFPC – College of Family Physicians of Canada;
(13) COCA – Commission on Osteopathic Colleges
Accreditation;
(14) Core Competencies – patient care; medical knowledge;
communication; practice-based learning; systems-based care; and professionalism
as defined by the ACGME;
(15) CME – Continuing Medical Education;
(16) COMLEX – Comprehensive Osteopathic Medical Licensure
Examination;
(17) COMVEX – Comprehensive Osteopathic Medical
Variable-Purpose Examination;
(18) ECFMG – Educational Commission for Foreign Medical Graduates;
(19) FCVS – Federation Credential Verification Service;
(20) Fifth Pathway – an avenue for licensure as defined
in the AMA's Council on Medical Education Report 1-I-07;
(21) FLEX – Federation Licensing Examination;
(22) FRCP – Fellowship of the Royal College of Physicians
of Canada;
(23) FRCS – Fellowship of the Royal College of Surgeons
of Canada;
(24) FSMB – Federation of State Medical Boards;
(25) GME – Graduate Medical Education;
(26) HIPDB – Healthcare Integrity and Protection Data
Bank;
(27) IMG – International Medical Graduate – a physician
who has graduated from a medical or osteopathic school not approved by the
LCME, the CACMS or COCA;
(28) Intensity of Practice – the number of hours, the
number of years and the responsibilities involved in a person's medical
practice;
(29) LCME – Liaison Commission on Medical Education;
(30) LMCC – Licentiate of the Medical Council of Canada;
(31) MCCQE – Medical Council of Canada Qualifying
Examination;
(32) Mentoring Physician – a licensed physician with no
public disciplinary record in the last 10 years, who is certified by an
American Board of Medical Specialties ("ABMS"), the American
Osteopathic Association ("AOA") or a board determined by the Medical
Board to be equivalent to the ABMS or AOA and who practices in the same or
similar area of practice into which the applicant for reentry is reentering. A
mentoring physician must have had some experience as a medical educator or
mentor, and shall have no conflicts of interest with the reentry applicant that
would impair the mentoring physician's ability to provide an objective
evaluation of the reentering licensee's competence;
(33) NBME – National Board of Medical Examiners;
(34) NBOME – National Board of Osteopathic Medical
Examiners;
(35) NPDB – National Practitioner Data Bank;
(36) RCPSC – Royal College of Physicians and Surgeons of
Canada;
(37) Reentry Plan – an individualized program of
assessment, education and re-assessment intended to confirm the competence to
practice in an intended area of practice of an applicant for reentry;
(38) Reentry Agreement – a public, non-disciplinary
agreement which incorporates by reference the Reentry Plan;
(39) Reentry Period – the duration of Reentry Plan;
(40) SPEX – Special Purpose Examination; and
(41) USMLE – United States Medical Licensing Examination.
History Note: Authority G.S. 90-8.1; 90-14(a)(11a);
Eff. August 1, 2010;
Amended Eff. March 1, 2011.
21 NCAC 32B .1302 SCOPE OF PRACTICE UNDER PHYSICIAN
LICENSE
A physician holding a Physician License may practice
medicine and perform surgery in North Carolina.
History Note: Authority G.S. 90-1.1;
Eff. August 1, 2010.
21 NCAC 32B .1303 APPLICATION FOR PHYSICIAN LICENSE
(a) In order to obtain a Physician License, an applicant
shall:
(1) submit a completed application, attesting
under oath or affirmation that the information on the application is true and complete
and authorizing the release to the Board of all information pertaining to the
application;
(2) submit a photograph, two inches by two
inches, affixed to the oath or affirmation which has been attested to by a
notary public;
(3) submit documentation of a legal name
change, if applicable;
(4) supply a certified copy of applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(5) submit proof on the Board's Medical
Education Certification form that the applicant has completed at least 130
weeks of medical education and received a medical degree. However, the Board
shall waive the 130 week requirement if the applicant has been certified or
recertified by an ABMS, CCFP, FRCP, FRCS or AOA approved specialty board within
the past 10 years;
(6) for an applicant who has graduated from a
medical or osteopathic school approved by the LCME, the CACMS or COCA, meet the
requirements set forth in G.S. 90-9.1;
(7) for an applicant graduating from a medical
school not approved by the LCME, meet the requirements set forth in G.S.
90-9.2;
(8) provide proof of passage of an examination
testing general medical knowledge. In addition to the examinations set forth in
G.S. 90-10.1 (a state board licensing examination; NBME; USMLE; FLEX, or their
successors), the Board accepts the following examinations (or their successors)
for licensure:
(A) COMLEX,
(B) NBOME, and
(C) MCCQE;
(9) submit proof that the applicant has
completed graduate medical education as required by G.S. 90-9.1 or 90-9.2, as
follows:
(A) A graduate of a medical school approved by LCME,
CACMS or COCA shall have satisfactorily completed at least one year of graduate
medical education approved by ACGME, CFPC, RCPSC or AOA.
(B) A graduate of a medical school not approved by LCME
shall have satisfactorily completed three years of graduate medical education
approved by ACGME, CFPC, RCPSC or AOA.
(C) An applicant may satisfy the graduate medical
education requirements of Parts (A) or (B) of this Subparagraph by showing
proof of current certification by a specialty board recognized by the ABMS,
CCFP, FRCP, FRCS or AOA;
(10) submit a FCVS profile:
(A) If the applicant is a graduate of a medical school
approved by LCME, CACMS or COCA, and the applicant previously has completed a
FCVS profile; or
(B) If the applicant is a graduate of a medical school
other than those approved by LCME, COCA or CACMS;
(11) if a graduate of a medical school other than
those approved by LCME, AOA, COCA or CACMS, furnish an original ECFMG
certification status report of a currently valid certification of the ECFMG.
The ECFMG certification status report requirement shall be waived if:
(A) the applicant has passed the ECFMG examination and
successfully completed an approved Fifth Pathway program (original ECFMG score
transcript from the ECFMG required); or
(B) the applicant has been licensed in another state on
the basis of a written examination before the establishment of the ECFMG in
1958;
(12) submit an AMA Physician Profile and, if
applicant is an osteopathic physician, also submit an AOA Physician Profile;
(13) if applying on the basis of the USMLE,
submit:
(A) a transcript from the FSMB showing a score on USMLE
Step 1, both portions of Step 2 (clinical knowledge and clinical skills) and
Step 3; and
(B) proof that the applicant has passed each step within
three attempts. However, the Board shall waive the three attempt requirement if
the applicant has been certified or recertified by an ABMS, CCFP, FRCP, FRCS or
AOA approved specialty board within the past 10 years;
(14) if applying on the basis of COMLEX, submit:
(A) a transcript from the NBOME showing a score on
COMLEX Level 1, both portions of Level 2 (cognitive evaluation and performance
evaluation) and Level 3; and
(B) proof that the applicant has passed COMLEX within
three attempts. However, the Board shall waive the three attempt requirement if
the applicant has been certified or recertified by an ABMS, CCFP, FRCP, FRCS or
AOA approved specialty board within the past 10 years;
(15) if applying on the basis of any other
board-approved examination, submit a transcript showing a passing score;
(16) submit a NPDB / HIPDB report, dated within
60 days of submission of the application;
(17) submit a FSMB Board Action Data Report;
(18) submit two completed fingerprint record
cards supplied by the Board;
(19) submit a signed consent form allowing a
search of local, state, and national files for any criminal record;
(20) provide two original references from persons
with no family or marital relationship to the applicant. These references must
be:
(A) from physicians who have observed the applicant's
work in a clinical environment within the past three years;
(B) on forms supplied by the Board;
(C) dated within six months of the submission of the
application; and
(D) bearing the original signature of the writer;
(21) pay to the Board a non-refundable fee
pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check; and
(22) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(b) In addition to the requirements of Paragraph (a) of
this Rule, the applicant shall submit proof that the applicant has:
(1) within the past 10 years taken and passed
either:
(A) an exam listed in G.S. 90-10.1 (a state board
licensing examination; NBOME; USMLE; COMLEX; or MCCQE or their successors);
(B) SPEX (with a score of 75 or higher); or
(C) COMVEX (with a score of 75 or higher);
(2) within the past 10 years:
(A) obtained certification or recertification or CAQ by
a specialty board recognized by the ABMS, CCFP, FRCP, FRCS or AOA; or
(B) met requirements for ABMS MOC (maintenance of
certification) or AOA OCC (Osteopathic continuous certification);
(3) within the past 10 years completed GME
approved by ACGME, CFPC, RCPSC or AOA; or
(4) within the past three years completed CME
as required by 21 NCAC 32R .0101(a), .0101(b), and .0102.
(c) All reports must be submitted directly to the Board from
the primary source, when possible.
(d) An applicant shall appear in person for an interview
with the Board or its agent, if the Board needs more information to complete
the application.
(e) An application must be completed within one year of
submission. If not, the applicant shall be charged another application fee,
plus the cost of another criminal background check.
History note: Authority G.S. 90-8.1; 90-9.1; 90-9.2;
90-13.1;
Eff. August 1, 2010;
Amended Eff. December 1, 2013; January 1, 2012; November
1, 2011; October 1, 2011.
21 NCAC 32B .1304-.1349 reserved for future
codification
21 NCAC 32B .1350 reinstatement of physician license
(a) "Reinstatement" is for a physician who has
held a North Carolina License, but whose license either has been inactive for
more than one year, or whose license became inactive as a result of
disciplinary action (revocation or suspension) taken by the Board. It also
applies to a physician who has surrendered a license prior to charges being
filed by the Board.
(b) All applicants for reinstatement shall:
(1) submit a completed application which can be
found on the Board's website in the application section at
http://www.ncmedboard.org/licensing, attesting under oath or affirmation that
information on the application is true and complete, and authorizing the
release to the Board of all information pertaining to the application;
(2) submit documentation of a legal name
change, if applicable;
(3) supply a certified copy of the applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired U.S. passport. If the applicant does not possess
proof of U.S. citizenship, the applicant shall provide information about the applicant's
immigration and work status which the Board shall use to verify the applicant's
ability to work lawfully in the United States. Applicants who are not present
in the U.S. and who do not plan to practice physically in the US shall submit a
written statement to that effect.
(4) furnish an original ECFMG certification
status report of a currently valid certification of the ECFMG if the applicant
is a graduate of a medical school other than those approved by LCME, AOA, COCA,
or CACMS. The ECFMG certification status report requirement shall be waived
if:
(A) the applicant has passed the ECFMG examination and
successfully completed an approved Fifth Pathway program (original ECFMG score
transcript from the ECFMG required); or
(B) the applicant has been licensed in another state on
the basis of a written examination before the establishment of the ECFMG in
1958;
(5) submit the AMA Physician Profile; and, if the
applicant is an osteopathic physician, also submit the AOA Physician Profile;
(6) submit a NPDB/HIPDB report dated within 60
days of the application's submission;
(7) submit a FSMB Board Action Data Bank
report;
(8) submit documentation of CME obtained in the
last three years, upon request;
(9) submit two completed fingerprint cards
supplied by the Board;
(10) submit a signed consent form allowing a
search of local, state, and national files to disclose any criminal record;
(11) provide two original references from persons
with no family or material relationship to the applicant. These references shall
be:
(A) from physicians who have observed the applicant's
work in a clinical environment within the past three years;
(B) on forms supplied by the Board;
(C) dated within six months of submission of the
application; and
(D) bearing the original signature of the author;
(12) pay to the Board a non-refundable fee pursuant
to G.S. 90-13.1(a), plus the cost of a criminal background check; and
(13) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's
qualifications.
(c) In addition to the requirements of Paragraph (b) of
this Rule, the applicant shall submit proof that the applicant has:
(1) within the past 10 years taken and passed
either:
(A) an exam listed in G.S. 90-10.1 (a state board
licensing examination; NBME; NBOME; USMLE; FLEX; COMLEX; or MCCQE or their
successors);
(B) SPEX (with a score of 75 or higher); or
(C) COMVEX (with a score of 75 or higher);
(2) within the past ten years:
(A) obtained certification or recertification of CAQ by
a specialty board recognized by the ABMS, CCFP, FRCP, FRCS or AOA; or
(B) met requirements for ABMS MOC (maintenance or
certification) or AOA OCC (Osteopathic continuous Certification);
(3) within the past 10 years completed GME
approved by ACGME, CFPC, RCPSC or AOA; or
(4) within the past three years completed CME
as required by 21 NCAC 32R .0101(a), .0101(b), and .0102.
(d) All reports shall be submitted directly to the Board
from the primary source, when possible. If a primary source verification is
not possible, then a third party verification shall be submitted.
(e) An applicant shall be required to appear in person for
an interview with the Board or its agent to evaluate the applicant's competence
and character if the Board needs more information to complete the application.
(f) An application must be complete within one year of
submission. If not, the applicant shall be charged another application fee plus
the cost of another criminal background check.
(g) Notwithstanding the above provisions of this Rule, the
licensure requirements established by rule at the time the applicant first
received his or her equivalent North Carolina license shall apply. Information
about these Rules is available from the Board.
History Note: Authority G.S. 90-8.1; 90-9.1; 90-10.1;
90-13.1;
Eff. August 1, 2010;
Amended Eff. September 1, 2014; November 1, 2013;
November 1, 2011.
21 NCAC 32B .1351-.1359 reserved for future
codification
21 NCAC 32B .1360 REACTIVATION OF PHYSICIAN LICENSE
(a) "Reactivation" applies to a physician who has
held a physician license in North Carolina, and whose license has been inactive
for up to one year except as set out in Rule .1704(e) of this Subchapter.
Reactivation is not available to a physician whose license became inactive
either while under investigation by the Board or because of disciplinary action
by the Board.
(b) In order to reactivate a Physician License, an
applicant shall:
(1) submit a completed application which can be
found on the Board's website in the application section at
http://www.ncmedboard.org/licensing, attesting under oath that the information
on the application is true and complete, and authorizing the release to the
Board of all information pertaining to the application;
(2) supply a certified copy of the applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant shall provide information about the applicant's
immigration and work status which the Board shall use to verify the applicant's
ability to work lawfully in the United States; Those applicants who are not
present in the US and who do not plan to practice physically in the US shall include
a statement to that effect in the application.
(3) submit a FSMB Board Action Data Bank
report;
(4) submit documentation of CME obtained in the
last three years;
(5) submit two completed fingerprint record
cards supplied by the Board;
(6) submit a signed consent form allowing
search of local, state, and national files for any criminal record;
(7) pay to the Board the a non-refundable fee
pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check; and
(8) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character, if the Board needs more information to complete the application.
(c) An applicant may be required to appear in person for an
interview with the Board or its agent to evaluate the applicant's competence
and character.
(d) Notwithstanding the above provisions of this Rule, the
licensure requirements established by rule at the time the applicant first
received his or her equivalent North Carolina license shall apply. Information
about these Rules is available from the Board.
History Note: Authority G.S. 90-8.1; 90-9.1; 90-12.1A; 90-13.1;
90-14(a)(11a);
Eff. August 1, 2010;
Amended Eff. September 1, 2014.
21 NCAC 32B .1370 REENTRY TO ACTIVE PRACTICE
(a) A physician or physician assistant applicant
("applicant" or "licensee") who has not actively practiced
or who has not maintained continued competency, as determined by the Board, for
the two-year period immediately preceding the filing of an application for a
license from the Board shall complete a reentry agreement as a condition of
licensure.
(b) The applicant shall identify a mentoring physician.
(c) The applicant shall propose a reentry plan containing
the components outlined in Paragraphs (g) and (h) of this Rule to the Board.
The Board shall review the proposed reenter plan and interview the applicant.
(d) Factors that may affect the length and scope of the
reentry plan include:
(1) The applicant's amount of time out of
practice;
(2) The applicant's prior intensity of
practice;
(3) The reason for the interruption in
practice;
(4) The applicant's activities during the
interruption in practice, including the amount of practice-relevant continuing
medical education;
(5) The applicant's previous and intended
area(s) of practice;
(6) The skills required of the intended area(s)
of practice;
(7) The amount of change in the intended
area(s) of practice over the time the applicant has been out of continuous
practice;
(8) The applicant's number of years of graduate
medical education;
(9) The number of years since completion of
graduate medical education; and
(10) As applicable, the date of the most recent
ABMS, AOA or equivalent specialty board, or National Commission on
Certification of Physician Assistant certification or recertification.
(e) If the Board approves an applicant's reentry plan, it
shall be incorporated by reference into a reentry agreement and executed by the
applicant, the Board and the mentoring physician.
(f) After the reentry agreement has been executed, and the
applicant has completed all other requirements for licensure, the applicant
shall receive a restricted License. The licensee may not practice outside of
the scope of the reentry agreement and its referenced reentry plan during the
reentry period.
(g) The first component of a reentry plan is an assessment
of the applicant's current strengths and weaknesses in his or her intended area
of practice. The process used to perform the assessment shall be described by
the applicant and confirmed by the mentoring physician. The process may
include self-reflection, self-assessment, and testing and evaluation by
colleagues, educators or others. The applicant and mentoring physician shall evaluate
and describe applicant's strengths and areas of needed improvement in regard to
the core competencies. The assessment shall continue throughout the reentry
period as the licensee and the mentoring physician practice together.
(h) The second component of the reentry plan is education.
Education shall address the licensee's areas of needed improvement. Education
shall consist of:
(1) a reentry period of retraining and
education under the guidance of a mentoring physician, upon terms as the Board may
decide, or
(2) a reentry period of retraining and
education under the guidance of a mentoring physician consisting of the
following:
(A) Phase I – The observation phase. During the
observation phase, the licensee will not practice, but will observe the
mentoring physician in practice.
(B) Phase II – Direct supervision phase. During the
direct supervision phase, the licensee shall practice under the direct
supervision of the mentoring physician. Guided by the core competencies, the
mentoring physician shall reassess the licensee's progress in addressing identified areas of needed
improvement.
(C) Phase III – Indirect supervision phase. During the
indirect supervision phase, the licensee shall continue to practice with
supervision of the mentoring physician. Guided by the core competencies, and
using review of patient charts and regular meetings, the mentoring physician
shall reassess the licensee's progress in addressing the areas of needed
improvement.
(D) No later than 30 days after the end of phase I and
II, the mentoring physician shall send a report to the Board regarding the licensee's
level of achievement in each of the core competencies. At the completion of
phase III the mentoring physician shall submit a summary report to the Board
regarding the licensee's level of achievement in each of the core competencies
and affirm the licensee's suitability to resume practice as a physician or to
resume practice as a physician assistant.
(E) If the mentoring physician reassesses the licensee
and concludes that the licensee requires an extended reentry period or if
additional areas of needed improvement are identified during Phases II or III,
the Board, the licensee and the mentoring physician shall amend the reentry
agreement.
(i) Under the terms of either reentry periods Subparagraph (h)(1)
or (h)(2) of this Rule, the mentoring physician may terminate his role as the
mentoring physician upon written notice to the Board. Such written notice
shall state the reasons for termination. The licensee's approval is not
required for the mentoring physician to terminate his role as mentoring
physician. Upon receipt of the notice of termination, the Board shall place
the licensee's license on inactive status. Within six months from the
effective date of the mentoring physician's termination, the licensee shall
provide a substitute mentoring physician, who must be approved by the Board in
writing, and resume the reentry plan upon such terms as are acceptable to the
Board. In such event, an amended reentry agreement must be executed prior to
resumption of the reentry plan. If licensee does not resume the reentry plan
as required herein within six months from the effective date of the mentoring
physician's termination, then the Board shall not return the licensee to active
status unless and until licensee applies and is approved for reactivation of
the license with a new reentry agreement and reentry plan, which must be in
place before licensee may resume practice as a physician or physician
assistant.
(j) Under the terms of either reentry periods Subparagraph (h)(1)
or (h)(2) of this Rule, the licensee may terminate the relationship with the
mentoring physician upon written notice to the Board. Such written notice
shall state the reasons for termination. The mentoring physician's approval is
not required for the licensee to terminate this relationship. Upon receipt of
the notice of termination, the Board shall place the licensee's license on
inactive status. Within six months from the effective date of the mentoring
physician's termination, the licensee shall provide a substitute mentoring
physician, who must be approved by the Board in writing, and resume the reentry
plan upon such terms as are acceptable to the Board. In such event, an amended
reentry agreement must be executed prior to resumption of the reentry plan. If
licensee does not resume the reentry plan as required herein within six months
from the effective date of the mentoring physician's termination, then the
Board shall not return the licensee to active status unless and until licensee
applies and is approved for reactivation of the license with a new reentry
agreement and reentry plan, which must be in place before licensee may resume
practice as a physician or physician assistant.
(k) The licensee shall meet with members of the Board at
such dates, times and places as directed by the Board to discuss the licensee's
transition back into practice and any other practice-related matters.
(l) Unsatisfactory completion of the reentry plan or practicing
outside the scope of the reentry agreement, as determined by the Board, shall
result in the automatic inactivation of the licensee's license, unless the
licensee requests a hearing within 30 days of receiving notice from the Board.
(m) If the Board determines the licensee has successfully
completed the reentry plan, the Board shall terminate the reentry agreement and
notify the licensee that the license is no longer restricted.
History Note: Authority G.S. 90-8.1; 90-14(a)(11a);
Eff. March 1, 2011.
Section .1400 – RESIDENT'S TRAINING LICENSE
21 NCAC 32B .1401 sCOPE OF PRACTICE UNDER RESIDENT'S
TRAINING LICENSE
A physician holding a limited license to practice in a
medical education and training program may practice only within the confines of
that program and under the supervision of its director.
History Note: Authority G.S. 90-12.01;
Eff. August 1, 2010.
21 NCAC 32B .1402 APPLICATION FOR RESIDENT'S TRAINING
LICENSE
(a) In order to obtain a Resident's Training License, an
applicant shall:
(1) submit a completed application which can be
found on the Board's website in the application section at
http://www.ncmedboard.org/licensing, attesting under oath or affirmation that
the information on the application is true and complete, and authorizing the
release to the Board of all information pertaining to the application;
(2) submit documentation of a legal name
change, if applicable;
(3) submit a photograph, two inches by two
inches, affixed to the oath or affirmation which has been attested to by a
notary public;
(4) submit proof on the Board's Medical
Education Certification form that the applicant has completed at least 130
weeks of medical education.
(5) furnish an original ECFMG certification
status report of a currently valid certification of the ECFMG if the applicant
is a graduate of a medical school other than those approved by LCME, AOA, COCA,
or CACMS. The ECFMG certification status report requirement shall be waived if:
(A) the applicant has passed the ECFMG examination and
successfully completed an approved Fifth Pathway program (original ECFMG score
transcript from the ECFMG required); or
(B) the applicant has been licensed in another state on
the basis of a written examination before the establishment of the ECFMG in
1958;
(6) submit an appointment letter from the
program director of the GME program or his or her appointed agent verifying
the applicant's appointment and commencement date;
(7) submit two completed fingerprint record
cards supplied by the Board;
(8) submit a signed consent form allowing a
search of local, state, and national files for any criminal record;
(9) pay a non-refundable fee pursuant to G.S.
90-13.1(b), plus the cost of a criminal background check;
(10) provide proof that the applicant has taken
and passed within three attempts:
(A) the COMLEX Level 1, and each component of COMLEX
Level 2 (cognitive evaluation and performance evaluation) and if taken, COMLEX
Level 3; or
(B) the USMLE Step 1 and each component of the USMLE
Step 2 (Clinical Knowledge and Clinical Skills); and if taken USMLE Step 3; and
(11) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(b) An applicant shall be required to appear in person for
an interview with the Board or its agent to evaluate the applicant's competence
and character, if the Board needs more information to complete the application.
(c) If the applicant previously held a North Carolina
residency training license, the licensure requirements established by rule at
the time the applicant first received his or her North Carolina residency
training license shall apply. Information about these Rules is available from
the Board.
History Note: Authority G.S. 90-8.1; 90-12.01; 90-13.1;
Eff. August 1, 2010;
Amended Eff. September 1, 2014; November 1, 2013; August
1, 2012; November 1, 2011.
SECTION .1500 – FACULTY LICENSE
21 NCAC 32B .1501 SCOPE OF PRACTICE UNDER MEDICAL SCHOOL
FACULTY LICENSE
A physician holding a Medical School Faculty License may
practice only within the confines of the medical school or its affiliates.
"Affiliates" means the primary medical school hospital(s) and
clinic(s), as designated by the ACGME.
History Note: Authority G.S. 90-12.3;
Eff. March 1, 2011.
21 NCAC 32B .1502 APPLICATION FOR MEDICAL SCHOOL FACULTY
LICENSE
(a) The Medical School Faculty License is limited to
physicians who have expertise which can be used to help educate North Carolina
medical students, post-graduate residents and fellows but who do not meet the
requirements for Physician licensure.
(b) In order to obtain a Medical School Faculty License, an
applicant shall:
(1) submit a completed application, attesting
under oath or affirmation that the information on the application is true and
complete, and authorizing the release to the Board of all information
pertaining to the application;
(2) submit the Board's form, signed by the Dean
or his appointed representative, indicating that the applicant has received
full-time appointment as either a lecturer, assistant professor, associate
professor, or full professor at a medical school in the state of North
Carolina;
(3) submit documentation of a legal name
change, if applicable;
(4) submit a photograph, two inches by two
inches, affixed to the oath or affirmation which has been attested to by a
notary public;
(5) submit proof on the Board's Medical
Education Certification form that the applicant has completed at least 130
weeks of medical education. However, the Board shall waive the 130 week requirement
if the applicant has been certified or recertified by an ABMS, DDFP, FRCP, FRCS
or AOA approved specialty board within the past 10 years;
(6) supply a certified copy of applicant's
birth certificate or a certified copy of a valid and unexpired US passport if
the applicant was born in the United States. If the applicant does not
possess proof of US citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(7) submit proof of satisfactory completion of
at least one year of GME approved by ACGME, CFPC, RCPSC, or AOA; or evidence of
other education, training or experience, determined by the Board to be
equivalent;
(8) submit reports from all medical or
osteopathic boards from which the applicant has ever held a medical or
osteopathic license, indicating the status of the applicant's license and
whether or not any action has been taken against the license;
(9) submit an AMA Physician Profile; and, if
applicant is an osteopathic physician, submit an AOA Physician Profile;
(10) submit a NPDB report, HIPDB report, dated
within 60 days of applicant's oath;
(11) submit a FSMB Board Action Data Bank report;
(12) submit two completed fingerprint record
cards supplied by the Board;
(13) submit a signed consent form allowing a
search of local, state, and national files to disclose any criminal record;
(14) provide two original references from persons
with no family or marital relationship to the applicant. These letters must be:
(A) from physicians who have observed the applicant's
work in a clinical environment within the past three years;
(B) on forms supplied by the Board;
(C) dated within six months of the applicant's oath; and
(D) bearing the original signature of the writer.
(15) pay to the Board a non-refundable fee pursuant
to G.S. 90-13.1(a), plus the cost of a criminal background check; and
(16) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(c) All reports must be submitted directly to the Board
from the primary source, when possible.
(d) An applicant may be required to appear in person for an
interview with the Board or its agent to evaluate the applicant's competence
and character.
(e) An application must be completed within one year of the
date of the applicant's oath.
(f) This Rule applies to licenses granted after the
effective date of this Rule.
History Note: Authority G.S. 90-12.3; 90-13.2;
Eff. June 28, 2011;
Amended Eff. November 1, 2013.
SECTION .1600 – SPECIAL PURPOSE LICENSE
21 NCAC 32B .1601 SCOPE OF PRACTICE UNDER SPECIAL
PURPOSE LICENSE
The Board may limit the physician's scope of practice under
a Special Purpose License by geography, term, practice setting, and type of
practice.
History Note: Authority G.S. 90-12.2A;
Eff. August 1, 2010.
21 NCAC 32B .1602 SPECIAL PURPOSE LICENSE
(a) The Special Purpose License is for physicians who wish
to come to North Carolina for a limited time, scope and purpose, such as to demonstrate
or learn a new technique, procedure or piece of equipment, or to educate
physicians or medical students.
(b) In order to obtain a Special Purpose License, an
applicant shall:
(1) submit a completed application, attesting
under oath that the information on the application is true and complete, and
authorizing the release to the Board of all information pertaining to the
application;
(2) submit a recent photograph, at least two
inches by two inches, affixed to the oath, and attested by a notary public;
(3) submit documentation of a legal name
change, if applicable;
(4) supply a certified copy of applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(5) comply with all requirements of G.S.
90-12.2A;
(6) submit the Board's form, completed by the
mentor, showing that the applicant has received an invitation from a medical
school, medical practice, hospital, clinic or physician licensed in the state
of North Carolina, outlining the need for the applicant to receive a special
purpose license and describing the circumstances and timeline under which the
applicant will practice medicine in North Carolina;
(7) submit an AMA Physician Profile and, if
applicant is an osteopathic physician, also submit AOA Physician Profile;
(8) submit an FSMB Board Action Data Bank
report;
(9) submit two completed fingerprint record
cards supplied by the Board;
(10) submit a signed consent form allowing a
search of local, state, and national files for any criminal record;
(11) pay to the Board a non-refundable fee
pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check;
(12) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(c) All reports must be submitted directly to the Board
from the primary source, when possible.
(d) An applicant may be required to appear in person for an
interview with the Board or its agent to evaluate the applicant's competence
and character.
(e) An application must be completed within one year of
submission. If not, the applicant shall be charged another application fee,
plus the cost of another criminal background check.
History Note: Authority G.S. 90-8.1; 90-9.1; 90-12.2A;
90-13.1;
Eff. August 1, 2010;
Amended Eff. November 1, 2013.
SECTION .1700 – OTHER LICENSES
21 NCAC 32B .1701 SCOPE OF PRACTICE UNDER LIMITED
VOLUNTEER LICENSE and retired limited volunteer license
The holder of a Limited Volunteer License or a Retired
Volunteer Limited License may practice medicine and surgery only at clinics
that specialize in the treatment of indigent patients, and may not receive any
compensation for services rendered, either direct or indirect, monetary,
in-kind, or otherwise for the provision of medical services.
History Note: Authority G.S. 90-8.1; 90-12.1A;
Eff. August 1, 2010;
Amended Eff. November 1, 2013.
21 NCAC 32B .1702 APPLICATION FOR LIMITED VOLUNTEER
LICENSE
(a) The Limited Volunteer License is available to
physicians who hold an active license in a state or jurisdiction other than North
Carolina, and who wish to volunteer at civilian indigent clinics.
(b) In order to obtain a Limited Volunteer License, an
applicant shall:
(1) submit a completed application, attesting
under oath or affirmation that the information on the application is true and
complete, and authorizing the release to the Board of all information
pertaining to the application;
(2) submit a photograph, two inches by two
inches, affixed to the oath or affirmation attested to by a notary public;
(3) submit documentation of a legal name
change, if applicable;
(4) submit proof of active licensure from
another state or jurisdiction indicating the status of the license and whether
or not any action has been taken against the license;
(5) submit a certified copy of applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(6) submit a NPDB report, dated within 60 days
of submission of the application;
(7) submit a FSMB Board Action Data Bank
report;
(8) submit two completed fingerprint record
cards supplied by the Board;
(9) submit a signed consent form allowing a
search of local, state, and national files for any criminal record;
(10) pay to the Board a non-refundable fee pursuant
to G.S. 90-13.1(a) to cover the cost of a criminal background check;
(11) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(c) All materials must be submitted directly to the Board
from the primary source, when possible.
(d) An applicant may be required to appear in person for an
interview with the Board or its agent to evaluate the applicant's competence
and character.
(e) An application must be completed within one year of the
date of submission.
History Note: Authority G.S. 90-8.1; 90-12.1A;
Eff. August 1, 2010;
Amended Eff. November 1, 2013.
21 NCAC 32B .1703 SCOPE OF PRACTICE UNDER RETIRED
LIMITED VOLUNTEER LICENSE
The holder of a Retired Limited Volunteer License may
practice medicine and surgery only at clinics that specialize in the treatment
of indigent patients, and may not receive any compensation for services
rendered, either direct or indirect, monetary, in-kind, or otherwise for the
provision of medical services.
History Note: Authority G.S. 90-8.1; 90-12.1A;
Eff. August 1, 2010.
21 NCAC 32B .1704 APPLICATION FOR RETIRED LIMITED
VOLUNTEER LICENSE
(a) The Retired Limited Volunteer License is available to
physicians who have been licensed in North Carolina or another state or
jurisdiction, have an inactive license, and who wish to volunteer at indigent
clinics.
(b) An applicant who has never held a North Carolina
license but held an active license in another state or jurisdiction, which is
currently inactive, shall:
(1) submit a completed application, attesting
under oath or affirmation that the information on the application is true and
complete, and authorizing the release to the Board of all information
pertaining to the application;
(2) submit a photograph, two inches by two
inches, affixed to the oath or affirmation which has been attested to by a
notary public;
(3) submit documentation of a legal name
change, if applicable;
(4) supply a certified copy of applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(5) submit proof of licensure from another
state or jurisdiction indicating the status of the license and whether or not
any action has been taken against the license;
(6) submit two completed fingerprint record
cards supplied by the Board;
(7) submit a signed consent form allowing a
search of local, state and national files for any criminal record;
(8) pay to the Board a non-refundable fee pursuant
to G.S. 90-13.1(a) to cover the cost of a criminal background check;
(9) submit a FSMB Board Action Data Bank
report;
(10) submit a NPDB report, dated within 60 days
of submission of the application;
(12) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's competence
and character.
(13) All materials must be submitted to the Board
from the primary source, when possible.
(c) An applicant who holds an active North Carolina
physician license may convert that to a Retired Limited Volunteer License by
completing the Application for Retired Volunteer License.
(d) An applicant who held a North Carolina license which has
been inactive less than six months may convert to a Retired Limited Volunteer
License by completing the Application for Retired Volunteer License.
(e) An applicant who held a North Carolina license which has
been inactive for more than six months but less than two years shall meet the
requirements set forth in 21 NCAC 32B .1360.
(f) An applicant who held a North Carolina license which
has been inactive for more than two years shall meet the requirements set forth
at 21 NCAC 32B .1350.
(g) A physician who has been out of practice for more than
two years will be required to complete a reentry program as set forth in 21
NCAC 32B .1370.
(h) An applicant may be required to appear in person for an
interview with the Board or its agent to evaluate the applicant's competence
and character.
(i) An application must be completed within one year of the
date of submission.
History Note: Authority G.S. 90-8.1; 90-12.1A;
Eff. August 1, 2010;
Amended Eff. November 1, 2013.
21 NCAC 32B .1705 LIMITED PHYSICIAN LICENSE FOR
DISASTERS AND EMERGENCIES
(a) The Board may, pursuant to G.S. 90-12.5, issue a
Limited Physician License for Disasters and Emergencies whenever the Governor
of the State of North Carolina has declared a disaster or states of emergency,
or in the event of an occurrence for which a county or municipality has enacted
an ordinance to deal with state of emergency under G.S. 14-288.12, 14-288.13,
or 14-288.14, or to protect the public health, safety or welfare of its
citizens under Article 22 of Chapter 130A of the General Statutes, G.S.
160A-174(a) or G.S. 153A-12(a).
(b) In order to obtain a Limited Physician License for
Disasters and Emergencies, an applicant shall:
(1) provide government-issued photo
identification;
(2) provide proof of current licensure to
practice medicine in another state or jurisdiction; and
(3) submit a completed application, attesting
under oath that the information on the application is true and complete, and
authorizing the release to the Board of all information pertaining to the application.
(c) The Board may obtain any additional information it
deems necessary to evaluate the applicant's competence and character.
(d) The Board may limit the physician's scope of practice
as to geography; term; type of practice; and prescribing.
(e) A physician holding a Limited Physician License for
Disasters and Emergencies shall not receive any compensation, either direct or
indirect, monetary, in-kind, or otherwise for the provision of medical
services.
History Note: Authority G.S. 90-12.5;
Eff. August 1, 2010.
section .1800 – reserved for future codification
21 NCAC 32B .1800 reserved for future codification
section .1900 – reserved for future codification
21 NCAC 32B .1900 reserved for future codification
SECTION .2000 – EXPEDITED APPLICATION FOR PHYSICIAN LICENSE
21 NCAC 32B .2001 EXPEDITED APPLICATION FOR PHYSICIAN
LICENSE
(a) A specialty board-certified physician who has been licensed
in at least one other state, the District of Columbia, U.S. territory or
Canadian province for at least five years, has been in active clinical practice
the past two years; and who has a clean license application, as defined in
Paragraph (c) of this Rule may apply for a license on an expedited basis.
(b) An applicant for an expedited Physician License shall:
(1) complete the Board's application form,
attesting under oath or affirmation that the information on the application is
true and complete, and authorizing the release to the Board of all information
pertaining to the application;
(2) submit documentation of a legal name
change, if applicable;
(3) on the Board's form, submit a photograph
taken within the past year, two inches by two inches, attested to or affirmed
by the applicant as a true likeness of the applicant before a notary public;
(4) supply a certified copy of applicant's
birth certificate if the applicant was born in the United States or a certified
copy of a valid and unexpired US passport. If the applicant does not possess
proof of U.S. citizenship, the applicant must provide information about
applicant's immigration and work status which the Board will use to verify
applicant's ability to work lawfully in the United States;
(Note: there may be some applicants who are not present
in the U.S. and who do not plan to practice physically in the U.S. Those
applicants shall submit a statement to that effect);
(5) provide proof that applicant has held an
active license to practice medicine in at least one other state, the District
of Columbia, U.S. Territory or Canadian province for at least five years
immediately preceding this application;
(6) provide proof of clinical practice
providing patient care for an average of 20 hours or more per week, for at
least the last two years;
(7) provide proof of:
(A) current certification or current recertification by
an ABMS, CCFP, FRCP, FRCS, or AOA approved specialty board obtained within the
past 10 years; or
(B) obtained certification or recertification of CAQ by
a specialty board recognized by the ABMS, CCFP, FRCP, FRCS or AOA; or
(C) met requirements for ABMS MOC (maintenance of
certification) or AOA OCC (Osteopathic continuous Certification);
(8) submit an AMA Physician Profile; and, if
applicant is an osteopathic physician submit an AOA Physician Profile;
(9) submit a NPDB/HIPDB report dated within 60
days of the applicant's oath;
(10) submit a FSMB Board Action Data Bank report;
(11) submit two completed fingerprint record
cards supplied by the Board;
(12) submit a signed consent form allowing a
search of local, state and national files to disclose any criminal record;
(13) pay to the Board a non-refundable fee pursuant
to G.S. 90-13.1(a) of three hundred fifty dollars ($350.00), plus the cost of a
criminal background check; and
(14) upon request, supply any additional
information the Board deems necessary to evaluate the applicant's
qualifications.
(c) A clean license application means that the physician
has none of the following:
(1) professional liability insurance claim(s)
or payment(s);
(2) criminal record;
(3) medical condition(s) which could affect the
physician's ability to practice safely;
(4) regulatory board complaint(s),
investigation(s), or action(s) (including applicant's withdrawal of a license
application);
(5) adverse action taken by a health care
institution;
(6) investigation(s) or action(s) taken by a
federal agency, the U.S. military, medical societies or associations;
(7) suspension or expulsion from any school,
including medical school.
(8) graduation from any United States or
Canadian medical school that is not LCME or CACMS approved; or
(9) has passed no licensing examination other
than Puerto Rico Written Examination/Revalida.
(d) All reports must be submitted directly to the Board
from the primary source, when possible.
(e) The application process must be completed within one
year of the date on which the application fee is paid. If not, the applicant
shall be charged a new applicant fee.
History Note: Authority G.S. 90-9.1; 90-5; 90-11;
90-13.1;
Eff. August 1, 2010;
Amended Eff. November 1, 2013.
