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Nov 3 2010

Board clarifies standards for publication of misdemeanors

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The Board has approved changes to the rules governing publication of misdemeanor convictions by physicians and physician assistants on the Board’s website. The rule, 21 NCAC 32X .0106, currently requires the Board to publish misdemeanor convictions falling within four broad categories. These misdemeanors are public information and are posted on licensees’ information pages at in accordance with state law.

The Board felt the rule should provide more explicit guidance regarding which misdemeanors would be published. The revised rule itemizes the specific misdemeanor crimes for publication and makes certain other refinements. The provision mandating publication of misdemeanor convictions for ten years would remain unchanged under the current proposal. The current rule will remain in effect until the revised rule is approved by the NC Rules Review Commission. The Board has not determined when it will begin the formal rule-making process.

Misdemeanor crimes that would be posted under the revised rule include:

Crimes against a person: manslaughter; assault; battery; sexual crimes; hazing; false imprisonment; stalking; abuse and neglect.

Crimes of moral turpitude : fraud; arson; blackmail; burglary; embezzlement; extortion; false pretenses; forgery; malicious destruction of property; receiving stolen goods with guilty knowledge; bribery; counterfeiting; mail fraud; perjury; harboring a fugitive from justice with guilty knowledge; failure to file taxes; tax evasion; tax fraud; abandonment of a minor child; bigamy; gross indecency; incest; solicitation; prostitution; attempting, aiding and abetting or serving as an accessory in the commission of a crime involving moral turpitude, and taking part in or attempting to take part in a conspiracy involving moral turpitude where the underlying crime would not involve moral turpitude.

Convictions related to drug/alcohol use: The Board currently posts all misdemeanors involving drugs and alcohol. The proposed change would eliminate posting drug- and alcohol-related convictions entered prior to a physician or PA’s enrollment in medical and professional school.

Violations of public health and safety codes: The Board would continue to publish all such violations.

The Board will no longer publish reckless driving convictions.
To comment on the proposed rule changes, email .(JavaScript must be enabled to view this email address)

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