H.B. 103
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 13, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30053-MVz-11
Short Title: GSC Technical Corrections 2023. (Public)
Sponsors: Representative Davis.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND
3 SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES
4 COMMISSION.
5 The General Assembly of North Carolina enacts:
6 SECTION 1.(a) G.S. 90-186 reads as rewritten:
7 "§ 90-186. Special powers of the Board.
8 In addition to the powers set forth in G.S. 90-185 above, G.S. 90-185, the Board may:may do
9 any of the following:
10 (1) Fix minimum standards for continuing veterinary medical education for
11 veterinarians and technicians, which shall be technicians. These standards are
12 a condition precedent to the renewal of a veterinary license, limited license,
13 veterinary faculty certificate, zoo veterinary certificate, or veterinary
14 technician registration, respectively, registration under this Article;Article.
15 (2) Inspect any hospitals, clinics, mobile units units, or other facilities used by
16 any practicing veterinarian, either by a member of the Board or its authorized
17 representatives, for the purpose of reporting the results of the inspection to the
18 Board on a form prescribed by the Board and seeking disciplinary action for
19 violations of health, sanitary, and medical waste disposal rules of the Board
20 affecting that affect the practice of veterinary medicine, or violations of rules
21 of any county, state, or federal department or agency having jurisdiction in
22 these areas of health, sanitation, and medical waste disposal that relate to or
23 affect the practice of veterinary medicine;medicine.
24 (3) (Contingent expiration date – See editor's note) Upon complaint or
25 information received by the Board, prohibit through summary emergency
26 order of the Board, prior to a hearing, the operation of any veterinary practice
27 facility that the Board determines is endangering, or may endanger, the public
28 health or safety or the welfare and safety of animals, and suspend the license
29 of the veterinarian operating the veterinary practice facility, provided that
30 upon facility. Upon the issuance of any summary emergency order, the Board
31 shall initiate, within 10 days, a notice of hearing under the administrative rules
32 issued pursuant to this Article and Chapter 150B of the General Statutes for
33 an administrative hearing on the alleged violation;violation.
34 (3) (Contingent effective date – See editor's note) Upon complaint or
35 information received by the Board, prohibit through summary emergency
36 order of the Board, prior to a hearing, the operation of any veterinary facility
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 General Assembly Of North Carolina Session 2023
1 that the Board determines is endangering, or may endanger, the public health
2 or safety or the welfare and safety of animals, and suspend the license of the
3 veterinarian operating the veterinary facility, provided that upon the issuance
4 of any summary emergency order, the Board shall initiate, within 10 days, a
5 notice of hearing under the administrative rules issued pursuant to this Article
6 and Chapter 150B of the General Statutes for an administrative hearing on the
7 alleged violation;
8 (4) Provide special registration for "veterinary technicians," technicians" and
9 "veterinary student interns" and "veterinary student preceptees" interns" and
10 adopt rules concerning the training, registration registration, and service limits
11 of such these assistants while employed by and acting under the supervision
12 and responsibility of veterinarians. The Board has exclusive jurisdiction in
13 determining eligibility and qualification requirements for these assistants.
14 Renewals of registrations for veterinary technicians shall be required at least
15 every 24 months, provided that so long as the certificate of registration for the
16 veterinary technician is otherwise eligible for renewal;renewal.
17 (5) Provide, pursuant to administrative rules, requirements for the inactive status
18 of licenses and limited veterinary licenses;licenses.
19 (6) Set and require fees pursuant to administrative rule. The Board may increase
20 the following fees, provided so long as (i) no fee shall be increased more than
21 fifteen percent (15%) within a calendar year and (ii) the cumulative total
22 increases of any fee shall not exceed one hundred percent (100%) of the fee
23 amounts set in this subdivision:
24 …
25 d. (Contingent expiration date – See editor's note) Inspection of a
26 veterinary practice facility, resulting from a serious inspection
27 violation or as a result of the complaint, in the amount of one hundred
28 fifty fifty dollars ($150.00) ($150.00).
29 d. (Contingent effective date – See editor's note) Inspection of a
30 veterinary facility, resulting from a serious inspection violation or as a
31 result of the complaint, in the amount of one hundred fifty dollars
32 ($150.00).
33 …
34 (7) Pursuant to administrative rule, to assess and recover against persons holding
35 licenses, limited licenses, temporary permits, or any certificates issued by the
36 Board, costs reasonably incurred by the Board in the investigation,
37 prosecution, hearing, or other administrative action of the Board in final
38 decisions or orders where those persons are found to have violated the
39 Veterinary Practice Act or administrative rules of the Board issued pursuant
40 to the Act; provided, that all Act. All recovered costs shall be are the property
41 of the Board.
42 (8) Pursuant to administrative rule, the Board may establish all provisions and
43 requirements for a veterinary facility permit, the issuance of which shall be is
44 required for any facility where veterinary medicine is practiced, except for
45 animal shelters registered with the Department of Agriculture and Consumer
46 Services.
47 …."
48 SECTION 1.(b) G.S. 90-186, as amended by subsection (a) of this section, reads as
49 rewritten:
50 "§ 90-186. Special powers of the Board.
51 In addition to the powers set forth in G.S. 90-185, the Board may do any of the following:
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1 …
2 (6) Set and require fees pursuant to administrative rule. The Board may increase
3 the following fees, so long as (i) no fee shall be increased more than fifteen
4 percent (15%) within a calendar year and (ii) the cumulative total increases of
5 any fee shall not exceed one hundred percent (100%) of the fee amounts set
6 in this subdivision:
7 …
8 d. (Contingent expiration date – See editor's note) Inspection of a
9 veterinary practice facility, in the amount of one hundred fifty dollars
10 ($150.00).
11 d. (Contingent effective date – See editor's note) Inspection of a
12 veterinary facility, resulting from a serious inspection violation or as a
13 result of a complaint, in the amount of one hundred fifty dollars
14 ($150.00).
15 …."
16 SECTION 1.(c) Subsection (a) of this section is effective retroactively to October 1,
17 2022. Subsection (b) of this section becomes effective 60 days after the date that the rules adopted
18 pursuant to Section 4 of S.L. 2019-170 become effective. Except as otherwise provided, this
19 section is effective when it becomes law.
20 SECTION 2. G.S. 93B-8.1 reads as rewritten:
21 "§ 93B-8.1. Use of criminal history records.
22 (a) The following definitions apply in this section:
23 (1) Applicant. – A person An individual who makes application for licensure from
24 an occupational licensing board.a board.
25 (2) Board. – An occupational licensing board or a State agency licensing board as
26 defined in G.S. 93B-1.
27 (3) Criminal history record. – A State or federal history of conviction of a crime,
28 whether a misdemeanor or felony, that bears upon an applicant's or a licensee's
29 fitness to be licensed or disciplined.
30 (4) Licensee. – A person An individual who has obtained a license to engage in
31 or represent himself or herself to be a member of a particular profession or
32 occupation.
33 (b) Unless federal law governing a particular board provides otherwise, a board may deny
34 an applicant on the basis of a conviction of a crime only if the board finds that the applicant's
35 criminal conviction history is directly related to the duties and responsibilities for the licensed
36 occupation or the conviction is for a crime that is violent or sexual in nature. Notwithstanding
37 any other provision of law, a board shall not automatically deny licensure on the basis of an
38 applicant's criminal history, and no board may shall deny an applicant a license based on a
39 determination that a conviction is for a crime of moral turpitude. The board shall make its
40 determination based on the factors specified in subsection (b1).(b1) of this section.
41 (b1) Before a board may deny an applicant a license due to a criminal conviction under
42 subsection (b) of this section, the board must shall specifically consider all of the following
43 factors:
44 (1) The level and seriousness of the crime.
45 (2) The date of the crime.
46 (3) The age of the person individual at the time of the crime.
47 (4) The circumstances surrounding the commission of the crime, if known.
48 (5) The nexus between the criminal conduct and the prospective duties of the
49 applicant as a licensee.
50 (6) The prison, jail, probation, parole, rehabilitation, and employment records of
51 the applicant since the date the crime was committed.
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1 (6a) The completion of, or active participation in, rehabilitative drug or alcohol
2 treatment.
3 (6b) A Certificate of Relief granted pursuant to G.S. 15A-173.2.
4 (7) The subsequent commission of a crime by the applicant.
5 (8) Any affidavits or other written documents, including character references.
6 (b2) If the board denies an applicant a license under this section, the board shall:shall do
7 all of the following:
8 (1) Make written findings specifying the factors in subsection (b1) of this section
9 the board deemed relevant to the applicant and explaining the reason for the
10 denial. The board's presiding officer must shall sign the findings.
11 (2) Provide or serve a signed copy of the written findings to the applicant within
12 60 days of the denial.
13 (3) Retain a signed copy of the written findings for no less than five years.
14 (b3) Each board shall include in its application for licensure and on its public Web site
15 website all of the following information:
16 (1) Whether the board requires applicants to consent to a criminal history record
17 check.
18 (2) The factors considered by the board under subsection (b1) of this section
19 which the board shall consider when making a determination of licensure.
20 (3) The appeals process pursuant to Chapter 150B of the General Statutes if the
21 board denies an applicant licensure in whole or in part because of a criminal
22 conviction.
23 (b4) If a board requires an applicant to submit a criminal history record, the board shall
24 require the provider of the criminal history record to provide the applicant with access to the
25 applicant's criminal history record or otherwise deliver a copy of the criminal history record to
26 the applicant. If an applicant's criminal history includes matters that will or may prevent the board
27 from issuing a license to the applicant, the board shall notify the applicant in writing of the
28 specific issues in sufficient time for the applicant to provide additional documentation supporting
29 the application for consideration by the board prior to any final decision to deny the application.
30 After being notified of any potential issue with licensure due to one or more criminal
31 conviction(s), convictions, an applicant shall have 30 days to respond by either correcting any
32 inaccuracy in the criminal history record or submitting evidence of mitigation or rehabilitation
33 for consideration by the board.
34 (b5) If, following a hearing, a board denies an application for licensure, the board's written
35 order shall include specific reference to any criminal conviction(s) conviction considered as part
36 or all of any basis for the denial and the rationale for the denial, as well as a reference to the
37 appeal process and the applicant's ability to reapply. No applicant shall be restricted from
38 reapplying for licensure for more than two years from the date of the most recent application.
39 (b6) Notwithstanding any other provisions in the law, an individual with a criminal history
40 may petition a board at any time, including before an the individual starts or completes any
41 mandatory education or training requirements, for a predetermination of whether the individual's
42 criminal history will likely disqualify the individual from obtaining a license. This petition shall
43 include a criminal history record report obtained by the individual from a reporting service
44 designated by the board, the cost of which shall be borne by the applicant. Criminal history
45 records relating to a predetermination petition shall not be considered are not public records under
46 Chapter 132 of the General Statutes. A board may predetermine that the petitioner's criminal
47 history is likely grounds for denial of a license only after the board has applied the requirements
48 of subsection (b) of this section. Each board shall delegate authority for such a the
49 predetermination to its Executive Director executive director or their equivalent, equivalent
50 officer, or to a committee of the board, so that the predeterminations can be made in a timely
51 manner. No board member having served on a predetermination committee for an individual
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1 shall be required to recuse in any later determinations or hearings involving the same applicant.
2 The board shall inform the individual of the board's determination within 45 days of receiving
3 the petition from the individual. The board may charge a fee to recoup its costs not to exceed
4 forty-five dollars ($45.00) for each petition. If the board determines an applicant would likely be
5 denied licensure based on their the individual's criminal history, the board shall notify the
6 individual in writing of the following:
7 (1) The grounds and reasons for the predetermination.
8 (2) That the petitioner has the right to complete any requirements for licensure
9 and licensure, to apply to the board boar