2005 North Carolina Code - General Statutes Article 7 - Osteopathy.

Article 7.

Osteopathy.

§ 90‑129.  Osteopathy defined.

For the purpose of this Article osteopathy is defined to be the science of healing without the use of drugs, as taught by the various colleges of osteopathy recognized by the North Carolina Osteopathic Society, Incorporated. (1907, c. 764, s. 8; 1913, c. 92, s. 3; C.S., s. 6700.)

 

§ 90‑130.  Board of Examiners; membership; officers; meeting.

There shall be a State Board of Osteopathic Examination and Registration consisting of three members appointed by the Governor, whose duty it shall be to administer the provisions of this Article. The members of the Board shall be reputable practitioners of osteopathy and appointed by the Governor from a list provided by the North Carolina Osteopathic Society. For each vacancy, the Society must submit at least three names to the Governor, the recommendation of the president and secretary being sufficient proof of the appointees' standing in the profession. Their term of office shall be for three years and so designated by the Governor that the term of one member shall expire each year. Thereafter annually the Governor shall in like manner appoint one person to fill the vacancy in the Board thus created.

All Board members serving on June 30, 1983, shall be eligible to complete their respective terms. In order to reduce the membership of the Board from five to three, the Governor shall make no appointments to fill the first two vacancies occurring on the Board after June 30, 1983. A vacancy occurring from any other cause shall be filled by the Governor for the unexpired term in the same manner as stated above.

The Board shall meet annually and elect a president, secretary, and treasurer, each to serve one year. The Board shall have a common seal, and shall adopt rules to govern its actions; and the president and secretary shall be empowered to administer oaths. The Board shall meet annually upon the call of the president. Two members of the Board shall constitute a quorum, and no certificate to practice osteopathy shall be granted on an affirmative vote of less than two. The Board shall keep a record of its proceedings and a register of all applicants for certificates giving the name and location of the institution granting the applicant the degree of doctor of or diploma in osteopathy, the date of his or her diploma, and whether the applicant was rejected or a certificate granted. The record and registers shall be prima facie evidence of all matters recorded therein. (1907, c. 764, s. 1; 1913, c. 92, s. 1; C.S., s. 6701; 1937, c. 301, s. 1; 1981, c. 884, s. 8; 1983, c. 107, s. 1.)

 

§ 90‑131.  Educational requirements, examination and certification of applicants.

Any person, before engaging in the practice of osteopathy in this State, after June 3, 1959, shall, upon the payment of a fee of twenty‑five dollars ($25.00), make application for a certificate to practice osteopathy to the Board of Osteopathic Examination and Registration on a form prescribed by the Board, giving, first, his name, age (which shall not be less than 21 years), and residence; second, evidence that such applicant is of good character and shall have, previous to the beginning of his course in osteopathy, obtained  a diploma from a high school, or academy, or its equivalent, and evidence of having completed not less than two years if he matriculated in an osteopathic college before October 1, 1952, and if  thereafter three years preosteopathic education in an accredited college or university approved by the Board; third, the date of his diploma, and evidence that such diploma was granted on personal attendance and completion of a course of not less than four academic years conforming to the minimum standards for osteopathic colleges established by the American Osteopathic Association. The Board may require the applicant to file an affidavit as to any facts pertaining to his application for a license to practice osteopathy and shall, except as otherwise provided, give to applicants a written examination in the subjects of anatomy, physiology, biochemistry, toxicology, chemistry, osteopathic pathology, bacteriology, histology, diagnosis, hygiene, osteopathic obstetrics and gynecology, minor surgery, principles and practice of osteopathy, and such other like subjects as the Board may require. An applicant passing said examination with a minimum grade in each subject of seventy percent (70%) and a minimum general average of seventy‑five percent (75%) in all subjects and who otherwise meets the requirements of this Article shall be licensed to practice osteopathy as defined in G.S. 90‑129. The Board is authorized to promulgate rules and regulations to carry out the provisions of this Article; and to employ qualified personnel including persons or organizations specially qualified in preparing, giving and grading examinations to assist or advise the Board. The Board may refuse to grant a certificate to any person convicted of a felony, or a crime involving moral turpitude or who engages in gross unprofessional or immoral conduct, or who is addicted to any vice to such a degree as to render him unfit to practice osteopathy, and may, after due notice and hearing, revoke such certificate for like cause. (1907, c. 764, s. 2; 1913, c. 92, s. 1; C.S., s. 6702; 1959, c. 705, s. 1.)

 

§ 90‑132.  When examination dispensed with; temporary permit; annual registration.

The Board may, in its discretion, dispense with an examination in the case of an osteopathic physician duly authorized to practice osteopathy in any other state or territory, or the District of Columbia, who presents a certificate of license issued after an examination by the legally constituted board of such state, territory, or District of Columbia, accorded only to applicants of equal grade with those required in this State or who presents a certificate issued by the National Board of Examiners for Osteopathic Physicians and Surgeons, and who makes application on a form to be prescribed by the Board, accompanied by a fee of seventy‑five dollars ($75.00).

The secretary of the Board may grant a temporary permit until a regular meeting of the Board, or to such time as the Board can conveniently meet, to one whom he considers eligible to practice in the State, and who may desire to commence the practice immediately. Such permit shall only be valid until legal action of the Board can be taken. In all the above cases the fee shall be the same as charged to applicants for examination.

Every person licensed to practice osteopathy by the Board of Osteopathic Examination and Registration shall, during January of each year, register his name, office and residence addresses, and such other information as the Board may deem necessary with the Board secretary and shall pay a registration fee fixed by the Board not exceeding fifty dollars ($50.00). An annual registration receipt shall be issued and mailed to each license holder, upon payment of the registration fee, which shall be placed in a conspicuous position in the licensee's office, if he practices in this State. In the event an  osteopath fails to register as herein provided he shall pay an additional amount of ten dollars ($10.00) to the Board. Should an osteopath fail to register and pay the fees imposed, and should such failure continue for a period of 30 days, the license of such osteopath may be suspended by the Board, after notice and hearing at the next regular meeting of the Board. Upon payment of all fees and penalties which may be due, the license of such osteopath shall be reinstated. (1907, c. 764, s. 2; C.S., s. 6703; 1959, c. 705, s. 2; 1983, c. 107, s. 2.)

 

§ 90‑133.  Fees held by Board; salaries; payment of expenses.

All fees shall be paid in advance to the treasurer of the Board, to be by him held as a fund for the use of the State Board of Osteopathic Examination and Registration. The compensation and expenses of the members and officers of said Board, and all expenses proper and necessary, in the opinion of said Board, to discharge its duties under and to enforce the law, shall be in accordance with G.S. 93B‑5, shall be paid out of such fund, upon the warrant of the president and secretary of said Board, and no expense shall be created to exceed the income of fees or fines as herein provided. (1907, c. 764, s. 3; C.S., s. 6705; 1991 (Reg. Sess., 1992), c. 1011, s. 2.)

 

§ 90‑134.  Subject to State and municipal regulations.

Osteopathic physicians shall observe and be subject to all State and municipal regulations relating to the control of contagious  diseases, the reporting and certifying of births and deaths, and all matters pertaining to public health, the same as physicians of other schools of medicine, and such reports shall be accepted by the officers or department to whom the same are made. (1907, c. 764, s. 4; C.S., s. 6706.)

 

§ 90‑135.  Repealed by Session Laws 1967, c. 691, s. 59.

 

§ 90‑136.  Refusal, revocation or suspension of license; misdemeanors.

(a)       The North Carolina State Board of Osteopathic Examination and Registration may refuse to issue a license to anyone otherwise qualified, and may suspend or revoke any license issued by it to any osteopathic physician, who is not of good moral character, and/or for any one or any combination of the following causes:

(1)       Conviction of a felony, as shown by a certified copy of the record of the court of conviction;

(2)       The obtaining of or an attempt to obtain a license, or practice in the profession, or money, or any other thing of value, by fraudulent misrepresentations;

(3)       Gross malpractice;

(4)       Advertising by means of knowingly false or deceptive statements;

(5)       Advertising, practicing, or attempting to practice under a name other than one's own;

(6)       Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit‑forming drugs.

(b)       Each of the following acts constitutes a Class 1 misdemeanor:

(1)       The practice of osteopathy or an attempt to practice osteopathy, or professing to do so without a license;

(2)       The obtaining of or an attempt to obtain a license, or practice in the profession, or money, or any other thing of value by fraudulent misrepresentation;

(3)       The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this Article;

(4)       Advertising, practicing or attempting to practice osteopathy under a name other than one's own.

(c)       The Board may neither suspend nor revoke any license, however, for any of the causes hereinabove set forth except in accordance with the provisions of Chapter 150B of the General Statutes. (1937, c. 301, s. 3; 1953, c. 1041, s. 13; 1973, c. 1331, s. 3; 1987, c. 827, s. 1; 1993, c. 539, s. 630; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑456, s. 27.)

 

§ 90‑137.  Restoration of revoked license.

Whenever any osteopath has been deprived of his license, the North Carolina State Board of Osteopathic Examination and Registration, in its discretion, may restore said license upon due notice being given and hearing had, and satisfactory evidence produced of proper reformation of the licentiate before restoration. (1937, c. 301, s. 3.)

 

§ 90‑138.  Objects of North Carolina Osteopathic Society.

The objects of the North Carolina Osteopathic Society shall be to unite the osteopaths of this State for mutual aid, encouragement, and improvements; to encourage scientific research in the laws of health and treatment of diseases of the human family; to elevate the standard of professional thought and conduct in the practice of osteopathy and to restrict the practice of osteopathy to persons educated and trained in the science and possessing a diploma from a reputable college of osteopathy. (1907, c. 764, s. 7; C.S., s. 6709.)