90-14.10. Scope of review.
Upon the review of the Board's decision taking disciplinary action on a license, the case shall be heard by the judge without a jury, upon the record, except that in cases of alleged omissions or errors in the record, testimony thereon may be taken by the court. The court may affirm the decision of the Board or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the accused physician have been prejudiced because the findings or decisions of the Board are in violation of substantive or procedural law, or are not supported by competent, material, and substantial evidence admissible under this Article, or are arbitrary or capricious. At any time after the notice of appeal has been filed, the court may remand the case to the Board for the hearing of any additional evidence which is material and is not cumulative and which could not reasonably have been presented at the hearing before the Board. (1953, c. 1248, s. 3; 2007-346, s. 21.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 1 - Practice of Medicine.
§ 90-1 - North Carolina Medical Society incorporated.
§ 90-3 - Review Panel recommends certain Board members; criteria for recommendations.
§ 90-4 - Board elects officers; quorum.
§ 90-5.1 - Powers and duties of the Board.
§ 90-5.2 - Board to collect and publish certain data.
§ 90-5.3 - Reporting and publication of medical judgments, awards, payments, and settlements.
§ 90-8 - Officers may administer oaths, and subpoena witnesses, records and other materials.
§ 90-8.1 - Rules governing applicants for licensure.
§ 90-8.2 - Appointment of subcommittees.
§ 90-9.1 - Requirements for licensure as a physician under this Article.
§ 90-9.2 - Requirements for graduates of international medical schools.
§ 90-9.3 - Requirements for licensure as a physician assistant.
§ 90-9.4 - Requirements for licensure as an anesthesiologist assistant.
§ 90-10.1 - Examinations accepted by the Board.
§ 90-11 - Criminal background checks.
§ 90-12.01 - Limited license to practice in a medical education and training program.
§ 90-12.1 - Recodified as G.S90-12.4, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.1A - Limited volunteer license.
§ 90-12.1B - Retired limited volunteer license.
§ 90-12.2 - Recodified as G.S90-12.5, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.2A - Special purpose license.
§ 90-12.3 - Medical school faculty license.
§ 90-12.4 - Physician assistant limited volunteer license.
§ 90-12.4B - Physician Assistant retired limited volunteer license.
§ 90-12.5 - Disasters and emergencies.
§ 90-12.7 - Treatment of overdose with opioid antagonist; immunity.
§ 90-13.2 - Registration every year with Board.
§ 90-13.3 - Salaries, fees, expenses of the Board.
§ 90-14 - Disciplinary Authority.
§ 90-14.1 - Judicial review of Board's decision denying issuance of a license.
§ 90-14.2 - Hearing before disciplinary action.
§ 90-14.3 - Service of notices.
§ 90-14.5 - Use of recommended decisions; appointment of hearing officers.
§ 90-14.6 - Evidence admissible.
§ 90-14.7 - Procedure where person fails to request or appear for hearing.
§ 90-14.8 - Appeal from Board's decision taking disciplinary action on a license.
§ 90-14.9 - Appeal bond; stay of Board order.
§ 90-14.11 - Appeal; appeal bond.
§ 90-15 - Recodified as G.S90-13.1, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-15.1 - Recodified as G.S90-13.2, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-18 - Practicing without license; penalties.
§ 90-18.1 - Limitations on physician assistants.
§ 90-18.2 - Limitations on nurse practitioners.
§ 90-18.3 - Medical or physical examination by nurse practitioners and physician assistants.
§ 90-18.4 - Limitations on clinical pharmacist practitioners.
§ 90-18.5 - Limitations on anesthesiologist assistants.
§ 90-18.6 - Requirements for certain nicotine replacement therapy programs.