THE NCRCB OFFICE
WILL CLOSE ON FRIDAY SEPTEMBER 3, 2021, AT NOON THROUGH MONDAY, SEPTEMBER 6, 2021
THE OFFICE WILL REOPEN ON TUESDAY SEPTEMBER 7, 2021
IN CASE OF URGENT NEED PLEASE EMAIL
BEFORE THE NORTH CAROLINA RESPIRATORY CARE BOARD
NOTICE OF HEARING FOR LICENSE NUMBER 6236
At its regular quarterly meeting on April 8, 2021, the North Carolina Respiratory Care Board (the “Board”) considered matters relating to the professional conduct and competence of Ms. Jessica Carter (“the LICENSEE”). The LICENSEE has held License Number 6236, which was originally issued on or about May 21, 2020, expired on June 1, 2017, and was reissued on January 3, 2018. At that Quarterly Meeting on April 8, for reasons set out in further detail below in this Notice of Hearing, the Board authorized the Executive Director to offer the LICENSEE a Consent Order.
The terms of the Consent Order were communicated to the LICENSEE by the Executive Director in an email message on April 12, 2021. In an email response on April 12, the LICENSEE stated that she would not agree to enter a Consent Order with the terms listed above. During an Executive Session at a special board meeting on April 21, 2021, the Board determined to convene a hearing in regard to Ms. Carter’s License; and to calendar that hearing for its next regular quarterly meeting on July 8, 2021. That decision to hold a hearing was communicated to the LICENSEE by the Board’s Executive Director via email on April 17, 2021; and a Notice of Hearing was issued to the LICENSEE. However, due to the landfall of Tropical Storm Elsa with a significant flood warning on July 8, 2021, the Board Chair and Executive Director in consultation with the Board Attorney made the decision to postpone the hearing and to calendar that hearing for its next regular quarterly meeting on October 14, 2021.
On July 8, 2021, during the Executive Session of the regularly scheduled Quarterly Board Meeting, and at the request of the Executive Director, the Board reconsidered the 36-month period of probation for the LICENSEE. The Board authorized the Executive Director to offer the LICENSEE a Consent Order with only 12 months of probation.
During the July 8, 2021 Board Meeting, the Board also authorized the Executive Director to schedule a hearing for the LICENSEE on October 14, 2021, if she did accept the Consent Order as stated above. In an email response on July 18, 2021, the LICENSEE stated that she would not agree to enter a Consent Order with the terms listed above. She requested a hearing on the matter.
Accordingly, pursuant to N.C. Gen. Stat. § 90-652 (8); N.C. Gen. Stat. § 90-659 (b); and Article 3A of the North Carolina Administrative Procedure Act, it is hereby ordered that the Board will hold an administrative hearing in the Matter of License Number 6236. The Hearing will be conducted by the Board, under the provisions of Article 3A of the North Carolina Administrative Procedure Act, G.S. 150B-38 et seq., and the Board’s Rules. The subject matter of this Hearing is set forth below in this Notice of Hearing.
The Hearing in this Matter will be open to the public and will be convened at the Board’s offices located at 125 Edinburgh South Drive, Suite 100, Cary, NC 27511 beginning at 11:30 AM on Thursday, October 14, 2021, or as soon thereafter as this matter may be heard by the Board on that date.
This notice is being sent by Certified Mail, Return Receipt to the LICENSEE’s address of record in the Board’s files, which is shown above and also by E-mail to the electronic mail account which the LICENSEE has furnished to the Board, firstname.lastname@example.org.