21 N.C. Admin. Code 61 .0205 - BACKGROUND INVESTIGATION
(a)
Every applicant for licensure shall submit to the Board a signed release form,
completed Fingerprint Record Card, and such other form(s) as required to
perform a criminal history check by the North Carolina Department of Justice at
the time of the application. In all instances the applicant must make full and
accurate disclosure of any felony convictions, any misdemeanor convictions
(except for traffic violations), convictions of any crime directly related to
the practice of respiratory care or any disciplinary action pending or ever
been taken against any health care provider license / certificate the applicant
has or has had.
(b) The applicant
shall provide any additional information regarding any conviction as requested
by the Board.
(c) Failure to make
full and accurate disclosure shall be grounds for immediate application denial,
or other disciplinary action applicable to licensure 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 G.S. 150B, Article 3A.
Notes
Eff. April 1, 2004
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