North Carolina General Statutes 90-186. Special powers of the Board
In addition to the powers set forth in N.C. Gen. Stat. § 90-185, the Board may do any of the following:
(1) Fix minimum standards for continuing veterinary medical education for veterinarians and technicians. These standards are a condition precedent to the renewal of a veterinary license, limited license, veterinary faculty certificate, zoo veterinary certificate, or veterinary technician registration under this Article.
Terms Used In North Carolina General Statutes 90-186
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) (Effective until contingency met – see note, for S.L. 2023-63, s. 4(g)) Inspect any hospitals, clinics, mobile units, or other facilities used by any practicing veterinarian, either by a member of the Board or its authorized representatives, for the purpose of reporting the results of the inspection to the Board on a form prescribed by the Board and seeking disciplinary action for violations of health, sanitary, and medical waste disposal rules of the Board that affect the practice of veterinary medicine, or violations of rules of any county, state, or federal department or agency having jurisdiction in these areas of health, sanitation, and medical waste disposal that relate to or affect the practice of veterinary medicine.
(2) (Effective once contingency met – see note for S.L. 2023-63, s. 4(g)) Inspect any boarding kennels, hospitals, clinics, mobile units, or other facilities used by any practicing veterinarian, either by a member of the Board or its authorized representatives, for the purpose of reporting the results of the inspection to the Board on a form prescribed by the Board and seeking disciplinary action for violations of health, sanitary, and medical waste disposal rules of the Board that affect the practice of veterinary medicine or the operation of a boarding kennel, or violations of rules of any county, state, or federal department or agency having jurisdiction in these areas of health, sanitation, and medical waste disposal that relate to or affect the practice of veterinary medicine or the operation of a boarding kennel;
(3) (Effective until contingency met – see note for S.L. 2019-170, s. 7) Upon complaint or information received by the Board, prohibit through summary emergency order of the Board, prior to a hearing, the operation of any veterinary practice facility that the Board determines is endangering, or may endanger, the public health or safety or the welfare and safety of animals, and suspend the license of the veterinarian operating the veterinary practice facility. Upon the issuance of any summary emergency order, the Board shall initiate, within 10 days, a notice of hearing under the administrative rules issued pursuant to this Article and Chapter 150B of the N.C. Gen. Stat. for an administrative hearing on the alleged violation.
(3) (Effective once contingency met – see note for S.L. 2019-170, s. 7) Upon complaint or information received by the Board, prohibit through summary emergency order of the Board, prior to a hearing, the operation of any veterinary facility that the Board determines is endangering, or may endanger, the public health or safety or the welfare and safety of animals, and suspend the license of the veterinarian operating the veterinary facility. Upon the issuance of any summary emergency order, the Board shall initiate, within 10 days, a notice of hearing under the administrative rules issued pursuant to this Article and Chapter 150B of the N.C. Gen. Stat. for an administrative hearing on the alleged violation.
(4) Provide special registration for “veterinary technicians” and “veterinary student interns” and adopt rules concerning the training, registration, and service limits of these assistants while employed by and acting under the supervision and responsibility of veterinarians. The Board has exclusive jurisdiction in determining eligibility and qualification requirements for these assistants. Renewals of registrations for veterinary technicians shall be required at least every 24 months, so long as the certificate of registration for the veterinary technician is otherwise eligible for renewal.
(5) Provide, pursuant to administrative rules, requirements for the inactive status of licenses and limited veterinary licenses.
(6) (Effective until contingency met – see note for S.L. 2023-63, s. 4(g)) Set and require fees pursuant to administrative rule. The Board may increase the following fees, so long as (i) no fee shall be increased more than fifteen percent (15%) within a calendar year and (ii) the cumulative total increases of any fee shall not exceed one hundred percent (100%) of the fee amounts set in this subdivision:
a. Issuance or renewal of a certificate of registration for a professional corporation, in the amount of one hundred fifty dollars ($150.00).
b. Administering a North Carolina license examination for applicants for licensure, certification, and registration, in the amount of two hundred fifty dollars ($250.00).
c. Administering competency examinations for applicants seeking licensure or registration, in amounts directly related to costs to the Board. Fees associated with administering national competency examinations shall be set in rules adopted by the Board.
d. (Effective until contingency met – see note for S.L. 2023-46, s. 10(c)) Inspection of a veterinary practice facility, in the amount of one hundred fifty dollars ($150.00).
d. (Effective once contingency met – see note for S.L. 2023-46, s. 10(c)) Inspection of a veterinary facility, resulting from a serious inspection violation or as a result of a complaint, in the amount of one hundred fifty dollars ($150.00).
e. Issuance or renewal of a license or a limited license, in the amount of one hundred fifty dollars ($150.00).
f. Issuance or renewal of a veterinary faculty certificate, in the amount of one hundred fifty dollars ($150.00).
g. Issuance or renewal of a zoo veterinary certificate, in the amount of one hundred fifty dollars ($150.00).
h. Reinstatement of a revoked license, a limited license, a veterinary faculty certificate, a zoo veterinary certificate, a veterinary technician registration, or a professional corporation registration, in the amount of one hundred dollars ($100.00).
i. Issuance or renewal of a veterinary technician registration, in the amount of fifty dollars ($50.00).
j. Issuance of a veterinary student intern registration, in the amount of twenty-five dollars ($25.00).
k. Repealed by Session Laws 2022-67, s. 1, effective October 1, 2022.
l. Late fee for renewal of a license, a limited license, a veterinary technician registration, a veterinary faculty certificate, a zoo veterinary certificate, or a professional corporation registration, in the amount of fifty dollars ($50.00).
m. Issuance of a temporary permit to practice veterinary medicine, in the amount of one hundred fifty dollars ($150.00).
n. Repealed by Session Laws 2014-63, s. 1, effective October 1, 2014.
o. Issuance of a veterinary facility permit, in the amount of one hundred fifty dollars ($150.00).
The fees set under this subdivision for the renewal of a license, a limited license, a registration, a certificate, or a veterinary facility permit apply to each year of the renewal period.
(6) (Effective once contingency met – see note for S.L. 2023-63, s. 4(g)) Set and require fees pursuant to administrative rule. The Board may increase the following fees, so long as (i) no fee shall be increased more than fifteen percent (15%) within a calendar year and (ii) the cumulative total increases of any fee shall not exceed one hundred percent (100%) of the fee amounts set in this subdivision:
a. Issuance or renewal of a certificate of registration for a professional corporation, in the amount of one hundred fifty dollars ($150.00).
b. Administering a North Carolina license examination for applicants for licensure, certification, and registration, in the amount of two hundred fifty dollars ($250.00).
c. Administering competency examinations for applicants seeking licensure or registration, in amounts directly related to costs to the Board. Fees associated with administering national competency examinations shall be set in rules adopted by the Board.
d. (Effective until contingency met – see note for S.L. 2023-46, s. 10(c)) Inspection of a veterinary practice facility, in the amount of one hundred fifty dollars ($150.00).
d. (Effective once contingency met – see note for S.L. 2023-46, s. 10(c)) Inspection of a veterinary facility, resulting from a serious inspection violation or as a result of a complaint, in the amount of one hundred fifty dollars ($150.00).
e. Issuance or renewal of a license or a limited license, in the amount of one hundred fifty dollars ($150.00).
f. Issuance or renewal of a veterinary faculty certificate, in the amount of one hundred fifty dollars ($150.00).
g. Issuance or renewal of a zoo veterinary certificate, in the amount of one hundred fifty dollars ($150.00).
h. Reinstatement of a revoked license, a limited license, a veterinary faculty certificate, a zoo veterinary certificate, a veterinary technician registration, or a professional corporation registration, in the amount of one hundred dollars ($100.00).
i. Issuance or renewal of a veterinary technician registration, in the amount of fifty dollars ($50.00).
j. Issuance of a veterinary student intern registration, in the amount of twenty-five dollars ($25.00).
k. Repealed by Session Laws 2022-67, s. 1, effective October 1, 2022.
l. Late fee for renewal of a license, a limited license, a veterinary technician registration, a veterinary faculty certificate, a zoo veterinary certificate, or a professional corporation registration, in the amount of fifty dollars ($50.00).
m. Issuance of a temporary permit to practice veterinary medicine, in the amount of one hundred fifty dollars ($150.00).
n. Repealed by Session Laws 2014-63, s. 1, effective October 1, 2014.
o. Issuance of a veterinary facility permit, in the amount of one hundred fifty dollars ($150.00).
p. Issuance of a boarding kennel permit in the amount of seventy-five dollars ($75.00), to be added to the veterinary facility permit fee.
The fees set under this subdivision for the renewal of a license, a limited license, a registration, a certificate, or a permit apply to each year of the renewal period.
(7) Pursuant to administrative rule, to assess and recover against persons holding licenses, limited licenses, temporary permits, or any certificates issued by the Board, costs reasonably incurred by the Board in the investigation, prosecution, hearing, or other administrative action of the Board in final decisions or orders where those persons are found to have violated the Veterinary Practice Act or administrative rules of the Board issued pursuant to the Act. All recovered costs are the property of the Board.
(8) Pursuant to administrative rule, the Board may establish all provisions and requirements for a veterinary facility permit, the issuance of which is required for any facility where veterinary medicine is practiced, except for animal shelters registered with the Department of Agriculture and Consumer Services.
(9) Pursuant to administrative rule, the Board may establish all provisions and requirements for a supervising veterinarian for each veterinary facility maintaining a valid veterinary facility permit.
(10) Pursuant to administrative rule, the Board may establish all provisions and requirements for the regulation of the practice of veterinary medicine through methods or modes of veterinary telehealth and its subcategories, including telemedicine, teleconsulting, and telemonitoring. The Board may also establish all provisions and requirements as to when and where veterinary telehealth or any of its subcategories may occur, who may provide veterinary care via telehealth or any of its subcategories, and the requirements for the veterinarian-client-patient relationship as it pertains to the methods or modes of veterinary telehealth and its subcategories. (1973, c. 1106, s. 1; 1981, c. 767, s. 4; 1987, c. 827, s. 1; 1993, c. 500, s. 8; 2014-63, s. 1; 2019-170, ss. 4(a), 5(b); 2022-67, s. 1; 2023-46, s. 10(a), (b); 2023-63, s. 4(d).)