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S.L. 2000-184 [SESSION LAWS
(25) Has engaged in any unprofessional conduct as the same
may be from time to time defined by the rules and
regulations of the Board.
In addition to and in conjunction with the actions described above,
the Board may make a finding adverse to a licensee or applicant but
withhold imposition of judgment and penalty or it may impose
judgment and penalty but suspend enforcement thereof and place the
licensee on probation, which probation may be vacated upon
noncompliance with such reasonable terms as the Board may impose.
The Board may administer a public or private reprimand or a private
letter of concern, and the private reprimand and private letter of
concern shall not require a hearing in accordance with G.S. 90-121.3
and shall not be disclosed to any person except the licensee. The
Board may require a licensee to: (i) make specific redress or
monetary redress; (ii) provide free public or charity service; (iii)
complete educational, remedial training, or treatment programs; (iv)
pay a fine; and (v) reimburse the Board for disciplinary costs.
(b) If any person engages in or attempts to engage in the practice of
optometry while his license is suspended, his license to practice
optometry in the State of North Carolina may be permanently revoked.
(c) The Board may, on its own motion, initiate the appropriate legal
proceedings against any person, firm or corporation when it is made
to appear to the Board that such person, firm or corporation has
violated any of the provisions of this Article.
(d) The Board may appoint, employ or retain an investigator or
investigators for the purpose of examining or inquiring into any
practices committed in this State that might violate any of the
provisions of this Article or any of the rules and regulations
promulgated by the Board.
(e) The Board may employ or retain legal counsel for such matters
and purposes as may seem fit and proper to said Board.
(f) As used in this section the term 'licensee' includes licensees,
provisional licensees and holders of intern permits, and the term
'license' includes license, provisional license and intern permit.
(g) A person, partnership, firm, corporation, association,
authority, or other entity acting in good faith without fraud or malice
shall be immune from civil liability for (i) reporting or investigating
the acts or omissions of a licensee or applicant that violate the
provisions of subsection (a) of this section or any other provision of
law relating to the fitness of a licensee or applicant to practice
optometry and (ii) initiating or conducting proceedings against a
licensee or applicant if a complaint is made or action is taken in good
faith without fraud or malice. A person shall not be held liable in any
civil proceeding for testifying before the Board in good faith and
without fraud or malice in any proceeding involving a violation of
subsection (a) of this section or any other law relating to the fitness of
an applicant or licensee to practice optometry, or for making a
recommendation to the Board in the nature of peer review, in good
faith and without fraud and malice. "
1270
Object Description
Description
| Title | Page 1286 |
| Full Text | S.L. 2000-184 [SESSION LAWS (25) Has engaged in any unprofessional conduct as the same may be from time to time defined by the rules and regulations of the Board. In addition to and in conjunction with the actions described above, the Board may make a finding adverse to a licensee or applicant but withhold imposition of judgment and penalty or it may impose judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the Board may impose. The Board may administer a public or private reprimand or a private letter of concern, and the private reprimand and private letter of concern shall not require a hearing in accordance with G.S. 90-121.3 and shall not be disclosed to any person except the licensee. The Board may require a licensee to: (i) make specific redress or monetary redress; (ii) provide free public or charity service; (iii) complete educational, remedial training, or treatment programs; (iv) pay a fine; and (v) reimburse the Board for disciplinary costs. (b) If any person engages in or attempts to engage in the practice of optometry while his license is suspended, his license to practice optometry in the State of North Carolina may be permanently revoked. (c) The Board may, on its own motion, initiate the appropriate legal proceedings against any person, firm or corporation when it is made to appear to the Board that such person, firm or corporation has violated any of the provisions of this Article. (d) The Board may appoint, employ or retain an investigator or investigators for the purpose of examining or inquiring into any practices committed in this State that might violate any of the provisions of this Article or any of the rules and regulations promulgated by the Board. (e) The Board may employ or retain legal counsel for such matters and purposes as may seem fit and proper to said Board. (f) As used in this section the term 'licensee' includes licensees, provisional licensees and holders of intern permits, and the term 'license' includes license, provisional license and intern permit. (g) A person, partnership, firm, corporation, association, authority, or other entity acting in good faith without fraud or malice shall be immune from civil liability for (i) reporting or investigating the acts or omissions of a licensee or applicant that violate the provisions of subsection (a) of this section or any other provision of law relating to the fitness of a licensee or applicant to practice optometry and (ii) initiating or conducting proceedings against a licensee or applicant if a complaint is made or action is taken in good faith without fraud or malice. A person shall not be held liable in any civil proceeding for testifying before the Board in good faith and without fraud or malice in any proceeding involving a violation of subsection (a) of this section or any other law relating to the fitness of an applicant or licensee to practice optometry, or for making a recommendation to the Board in the nature of peer review, in good faith and without fraud and malice. " 1270 |
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