AN ACT amending various provisions of the respiratory care practice act.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑649(a)(3) reads as rewritten:
"(3)	One member shall represent the  North Carolina Hospital Association."
SECTION 2.  G.S. 90‑652(1) reads as rewritten:
"(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 3.  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 as approved by the Commission for Accreditation of Allied Health Educational  Programs, or the Canadian Council on Accreditation for Respiratory Therapy Education.
(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 American Heart Association, the American Red Cross, or the American Safety and Health Institute.
(5)	Pass the entry‑level examination given by the National Board for Respiratory Care, Inc."
SECTION 4.  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 5.  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 6.  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 copies of rules adopted pursuant to this Article and licensure standards, charges not exceeding the actual cost of printing and mailing.
(8)	For official verification of licensure status, a fee not to exceed twenty dollars ($20.00).
(9)	For approval of continuing education programs, a fee not to exceed one hundred fifty dollars ($150.00)."
SECTION 7.  G.S. 90‑661 reads as rewritten:
"§ 90‑661.  Requirement of license.
 It shall be unlawful for any person who is not currently licensed under this Article to:
(1)	Engage in the practice of respiratory care.
(2)	Use the title "respiratory care practitioner".
(3)	Use the letters "RCP", "RTT", "RT", or any facsimile or combination in any words, letters, abbreviations, or insignia.
(4)	Imply orally or in writing or indicate in any way that the person is a respiratory care practitioner or is otherwise licensed under this Article.
(5)	Employ or solicit for employment unlicensed persons to practice respiratory care."
SECTION 8.  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 assess the costs of disciplinary actions against a person found to be in violation of this Article or rules adopted by the Board."
SECTION 9.  This act becomes effective December 1, 2003, and applies to civil penalties assessed on or after that date.
In the General Assembly read three times and ratified this the 19th day of July, 2003.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 James B. Black
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2003