90-5.1. Powers and duties of the Board.
(a) The Board shall have the following powers and duties:
(1) Administer this Article.
(2) Issue interpretations of this Article.
(3) Adopt, amend, or repeal rules as may be necessary to carry out and enforce the provisions of this Article.
(4) Require an applicant or licensee to submit to the Board evidence of the applicant's or licensee's continuing competence in the practice of medicine.
(5) Regulate the retention and disposition of medical records, whether in the possession of a licensee or nonlicensee. In the case of the death of a licensee, the rules may provide for the disposition of the medical records by the estate of the licensee. This subsection shall not apply to records created or maintained by persons licensed under other Articles of this Chapter or to medical records maintained in the normal course of business by licensed health care institutions.
(6) Appoint a temporary or permanent custodian for medical records abandoned by a licensee.
(7) Develop educational programs to facilitate licensee awareness of provisions contained in this Article and public awareness of the role and function of the Board.
(8) Develop and implement methods to identify dyscompetent licensees and licensees who fail to meet acceptable standards of care.
(9) Develop and implement methods to assess and improve licensee practice.
(10) Develop and implement methods to ensure the ongoing competence of licensees.
(b) Nothing in subsection (a) of this section shall restrict or otherwise limit powers and duties conferred on the Board in other sections of this Article.
(c) Notwithstanding any other provision of law, the North Carolina Medical Board shall not set fees pursuant to rules. Any fees set pursuant to rules adopted by the Board and applicable on June 1, 2019, remain valid. (2007-346, s. 5; 2019-191, ss. 5, 45.)
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.