GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 425
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Short Title: Chiropractic Abuse of Costs. |
(Public) |
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Sponsors: |
Senators Burgin and Sawrey (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 25, 2025
A BILL TO BE ENTITLED
AN ACT to limit the amount the north carolina state board of chiropractic examiners may charge as costs in disciplinary actions and to require accurate minutes for official meetings.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑157.4 reads as rewritten:
"§ 90‑157.4. Civil penalty; disciplinary costs.
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(d) If a licensee is found to
have violated any provisions of this Article or any rule adopted by the Board,
the Board may charge the costs of a disciplinary proceeding, proceeding
if the disciplinary action results in a disposition other than complete
exoneration of the licensee. The total cumulative costs under this subsection, including
reasonable attorneys' fees, meeting costs, investigative fees, and any
other costs, shall not exceed two thousand dollars ($2,000) charged to that
licensee. For the purposes of this section, the term "disciplinary
action" includes any investigation, informal evidentiary review,
settlement conference, negotiation, probable cause hearing, disciplinary review
committee meeting, full Board meeting, or any combination of those types of
proceedings.
(d1) Any provision in an informal settlement, consent order, final agency decision, or other dispositive document in which the licensee consents to pay costs in an amount greater than two thousand dollars ($2,000) is void and unenforceable against the licensee.
(e) If the Board imposes a civil penalty under this section, the party against whom the civil penalty has been assessed may file a petition for judicial review under Article 4 of Chapter 150B of the General Statutes."
SECTION 2. G.S. 90‑144 reads as rewritten:
"§ 90‑144. Meetings of the North Carolina State Board of Chiropractic Examiners.
(a) The North Carolina State Board of Chiropractic Examiners shall meet at least once a year at such time and place as the Board shall determine and advertise.
(b) The Board is a public body, as that term is defined in Article 33C of Chapter 143 of the General Statutes, and shall keep full and accurate minutes of all official meetings in conformity with all of the following:
(1) Except as provided in G.S. 143‑318.18, the contents of the treasurer's, director's, and attorney's reports and each committee report shall be summarized.
(2) Except as provided in G.S. 143‑318.18, for any matter that comes before the Board in an open session or in which the chair invites comments, the minutes shall include the names of persons making public comments and a summary of those comments, including any rationale or justification offered in support or opposition to the matter under discussion.
(3) For any motion disposed of by the Board's vote, the minutes shall include the motion verbiage and the corresponding vote of each member of the Board.
(4) The Board shall publish a draft version of the minutes within 15 business days after each meeting and the final version immediately upon approval of those minutes.
(c) Applicants for licensure under this Article shall comply with G.S. 90‑143(b)."
SECTION 3. The North Carolina State Board of Chiropractic Examiners shall adopt rules to implement this act.
SECTION 4. This act becomes effective October 1, 2025, and applies to disciplinary actions, as that term is defined by Section 1 of this act, on or after that date.