A BILL TO BE ENTITLED
AN ACT amending various provisions under the respiratory care practice act, authorizing the north Carolina respiratory care board to establish fees for verification of licensure status and approval of continuing education programs, authorizing the board to assess civil penalties for violations of the act, and authorizing adjustments in fees for boards to reflect changes in the consumer price index.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑652(1) reads as rewritten:
"The Board shall have the power and duty to:
(1)	Determine the qualifications and fitness of applicants for licensure, renewal of licensure, and reciprocal licensure. The Board shall, in its discretion, investigate the background of an applicant to determine the applicant's qualifications with due regard given to the applicant's competency, honesty, truthfulness, and integrity."
SECTION 2.  G.S. 90‑653(a) reads as rewritten:
"(a)	Each applicant for licensure under this Article shall meet the following requirements:
(1)	Submit a completed application as required by the Board.
(2)	Submit any fees required by the Board.
(3)	Submit to the Board written evidence, verified by oath, that the applicant has successfully completed the minimal requirements of a respiratory care education program approved by the Board.
(4)	Submit to the Board written evidence, verified by oath, that the applicant has successfully completed the minimal requirements for Basic Cardiac Life Support as recognized by the Board.
(5)	Pass the entry‑level examination given by the National Board for Respiratory Care, Inc."
SECTION 3.  G.S. 90‑654 reads as rewritten:
"§ 90‑654.  Temporary license.
		
Upon application and payment of the required fees, the Board may grant a temporary license to a person who, at the time of application, submits notarized copies of the items required in G.S. 90-653(a)(3) through (a)(5) while awaiting official copies of the items from the issuing agency. The temporary license shall be valid for a period not to exceed 90 days from the date of application."
SECTION 4.  G.S. 90‑656 reads as rewritten:
"§ 90‑656.  Provisional license.
The Board may grant a provisional license for a period not exceeding 12 months to any applicant who has successfully completed the education requirements under G.S. 90‑653(a)(3) and has made application to take the examination required under G.S. 90‑653(a)(5). A provisional license allows the individual to practice respiratory care under the direct supervision of a respiratory care practitioner and in accordance with rules adopted pursuant to this Article. A license granted under this section shall contain an endorsement indicating that the license is provisional and stating the terms and conditions of its use by the licensee and shall state the date the license was granted and the date it expires."
SECTION 5.  G.S. 90‑660(b) reads as rewritten:
"(b)	All monies received by the Board pursuant to this Article shall be deposited in an account for the Board and shall be used for the administration and implementation of this Article. The Board shall establish fees in amounts to cover the cost of services rendered for the following purposes:
(1)	For an initial application, a fee not to exceed twenty‑five dollars ($25.00).
(2)	For examination or reexamination, a fee not to exceed two hundred dollars ($200.00).
(3)	For issuance of any license, a fee not to exceed one hundred dollars ($100.00).
(4)	For the renewal of any license, a fee not to exceed fifty dollars ($50.00).
(5)	For the late renewal of any license, an additional late fee not to exceed fifty dollars ($50.00).
(6)	For a license with a provisional or temporary endorsement, a fee not to exceed thirty‑five dollars ($35.00).
(7)	For official verification of licensure status, a fee not to exceed twenty dollars ($20.00).
(8)	For approval of continuing education programs, a fee not to exceed one hundred fifty dollars ($150.00).
(9)	For copies of rules adopted pursuant to this Article and licensure standards, charges not exceeding the actual cost of printing and mailing."
SECTION 6.  Article 38 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-666.  Civil penalties.
(a)	Authority to Assess Civil Penalties. – In addition to taking any of the actions permitted under G.S. 90-659, the Board may assess a civil penalty not to exceed one thousand dollars ($1,000) for the violation of any section of this Article or any rules adopted by the Board. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.
(b)	Consideration Factors. – Before imposing and assessing a civil penalty and fixing the amount of the penalty, the Board shall, as a part of its deliberations, consider the following factors:
(1)	The nature, gravity, and persistence of the particular violation.
(2)	The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3)	Whether the violation was willful and malicious.
(4)	Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c)	Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties for violations of this Article. The schedule shall indicate for each type of violation whether the violation can be corrected. Penalties shall be assessed for the first, second, and third violations of specified sections of this Article and for specified rules.
(d)	Costs. – The Board may, in an action brought under this section or in any other disciplinary proceeding, charge costs, including reasonable attorneys' fees, to the licensee against whom the proceedings were brought."
SECTION 7.  Chapter 93B of the General Statutes is amended by adding a new section to read:
"§ 93B-17.  Fees to be consistent with Consumer Price Index; notice.
(a)	When the General Assembly establishes an occupational licensing board, the General Assembly shall set the fees that may be charged by the board to reflect the board's anticipated regulatory and operating costs. New occupational licensing boards and existing occupational licensing boards may increase license fees previously set by the General Assembly by an amount not to exceed the cumulative amount of the percentage increase in the Consumer Price Index (CPI) since the fees were last adjusted. The fee increase may be rounded to the nearest dollar. However, a board shall not set fees by an amount that exceeds its regulatory and operating costs.
(b)	Occupational licensing boards shall publish notice of any fee increase in the North Carolina Register and in a newspaper of general circulation not less than 60 days before the fee increase becomes effective. Boards shall notify their current members of any fee increase, by mail, not less than 60 days before the fee increase becomes effective. Each board shall report annually to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division on all fees increased under this section.
(c)	This section applies only to the North Carolina Respiratory Care Board."
SECTION 8.  This act is effective when it becomes law.