12 | 13 | | A BILL TO BE ENTITLED 1 |
---|
13 | 14 | | AN ACT TO LIMIT THE AMOUNT THE NORTH CAROLINA STATE BOARD OF 2 |
---|
14 | 15 | | CHIROPRACTIC EXAMINERS MAY CHARGE AS COSTS IN DISCIPLINARY 3 |
---|
15 | 16 | | ACTIONS AND TO REQUIRE ACCURATE MINUTES FOR OFFICIAL MEETINGS. 4 |
---|
16 | 17 | | The General Assembly of North Carolina enacts: 5 |
---|
17 | 18 | | SECTION 1. G.S. 90-157.4 reads as rewritten: 6 |
---|
18 | 19 | | "§ 90-157.4. Civil penalty; disciplinary costs. 7 |
---|
19 | 20 | | … 8 |
---|
20 | 21 | | (d) If a licensee is found to have violated any provisions of this Article or any rule adopted 9 |
---|
21 | 22 | | by the Board, the Board may charge the costs of a disciplinary proceeding, proceeding if the 10 |
---|
22 | 23 | | disciplinary action results in a disposition other than complete exoneration of the licensee. The 11 |
---|
23 | 24 | | total cumulative costs under this subsection, including reasonable attorneys' fees, meeting costs, 12 |
---|
24 | 25 | | investigative fees, and any other costs, shall not exceed two thousand dollars ($2,000) charged 13 |
---|
25 | 26 | | to that licensee. For the purposes of this section, the term "disciplinary action" includes any 14 |
---|
26 | 27 | | investigation, informal evidentiary review, settlement conference, negotiation, probable cause 15 |
---|
27 | 28 | | hearing, disciplinary review committee meeting, full Board meeting, or any combination of those 16 |
---|
28 | 29 | | types of proceedings. 17 |
---|
29 | 30 | | (d1) Any provision in an informal settlement, consent order, final agency decision, or other 18 |
---|
30 | 31 | | dispositive document in which the licensee consents to pay costs in an amount greater than two 19 |
---|
31 | 32 | | thousand dollars ($2,000) is void and unenforceable against the licensee. 20 |
---|
32 | 33 | | (e) If the Board imposes a civil penalty under this section, the party against whom the 21 |
---|
33 | 34 | | civil penalty has been assessed may file a petition for judicial review under Article 4 of Chapter 22 |
---|
34 | 35 | | 150B of the General Statutes." 23 |
---|
35 | 36 | | SECTION 2. G.S. 90-144 reads as rewritten: 24 |
---|
36 | 37 | | "§ 90-144. Meetings of the North Carolina State Board of Chiropractic Examiners. 25 |
---|
37 | 38 | | (a) The North Carolina State Board of Chiropractic Examiners shall meet at least once a 26 |
---|
38 | 39 | | year at such time and place as the Board shall determine and advertise. 27 |
---|
39 | 40 | | (b) The Board is a public body, as that term is defined in Article 33C of Chapter 143 of 28 |
---|
40 | 41 | | the General Statutes, and shall keep full and accurate minutes of all official meetings in 29 |
---|
41 | 42 | | conformity with all of the following: 30 |
---|
42 | 43 | | (1) Except as provided in G.S. 143-318.18, the contents of the treasurer's, 31 |
---|
43 | 44 | | director's, and attorney's reports and each committee report shall be 32 |
---|
44 | 45 | | summarized. 33 |
---|
45 | 46 | | (2) Except as provided in G.S. 143-318.18, for any matter that comes before the 34 |
---|
46 | 47 | | Board in an open session or in which the chair invites comments, the minutes 35 |
---|
49 | 54 | | of those comments, including any rationale or justification offered in support 1 |
---|
50 | 55 | | or opposition to the matter under discussion. 2 |
---|
51 | 56 | | (3) For any motion disposed of by the Board's vote, the minutes shall include the 3 |
---|
52 | 57 | | motion verbiage and the corresponding vote of each member of the Board. 4 |
---|
53 | 58 | | (4) The Board shall publish a draft version of the minutes within 15 business days 5 |
---|
54 | 59 | | after each meeting and the final version immediately upon approval of those 6 |
---|
55 | 60 | | minutes. 7 |
---|
56 | 61 | | (c) Applicants for licensure under this Article shall comply with G.S. 90-143(b)." 8 |
---|
57 | 62 | | SECTION 3. The North Carolina State Board of Chiropractic Examiners shall adopt 9 |
---|
58 | 63 | | rules to implement this act. 10 |
---|
59 | 64 | | SECTION 4. This act becomes effective October 1, 2025, and applies to disciplinary 11 |
---|
60 | 65 | | actions, as that term is defined by Section 1 of this act, on or after that date. 12 |
---|