21 ncac 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.

History Note:        Authority G.S. 90-652(1);

Eff. April 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015.