North Carolina HB 893: Chiropractic Investigatory Costs.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 893

Short Title: Chiropractic Investigatory Costs. (Public)
Sponsors: Representatives Campbell, Huneycutt, and Scott (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 14, 2025
*H893-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO LIMIT THE AMOUNT THE NORTH CAROLINA STATE BOARD OF 2
CHIROPRACTIC EXAMINERS MAY CHARGE AS COSTS IN DISCIPLINARY 3
ACTIONS TO REQUIRE ACCURATE MINUTES FOR OFFICIAL MEETINGS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 90-157.4 reads as rewritten: 6
"§ 90-157.4. Civil penalty; disciplinary costs. 7
... 8
(d) If a licensee is found to have violated any provisions of this Article or any rule adopted 9
by the Board, the Board may charge the costs of a disciplinary proceeding, proceeding if the 10
disciplinary action results in a disposition other than complete exoneration of the licensee. The 11
total cumulative costs under this subsection, including reasonable attorneys' fees, to that 12
licensee.meeting costs, investigative fees, any other costs, shall not exceed the applicable amount 13
set forth in this subsection. Costs the Board charges in a disciplinary action shall not exceed the 14
following amounts in the following disciplinary actions: 15
(1) One thousand dollars ($1,000) in a disciplinary action settled by consent 16
without a full Board hearing. 17
(2) Three thousand dollars ($3,000) in a disciplinary action that is adjudicated 18
after the Board holds a full Board hearing or refers the disciplinary action to 19
the Office of Administrative Hearings. 20
(3) Reasonable actual costs, including attorneys' fees incurred by the Board in a 21
disciplinary action where, after meeting the requirements of subdivision (2) 22
of this subsection, the Board makes findings of fact in its final agency decision 23
sufficient to show that the licensee's defense was dilatory or not asserted in 24
good faith. 25
For the purposes of this section, the term "disciplinary action" includes any investigation, 26
informal evidentiary review, settlement conference, negotiation, probable cause hearing, 27
disciplinary review committee meeting, full Board meeting, or any combination of those types 28
of proceedings. 29
(d1) Any provision in an informal settlement, consent order, final agency decision, or other 30
dispositive document in which the licensee consents to pay costs in an amount greater than the 31
applicable amount set forth in subsection (d) of this section is void and unenforceable against the 32
licensee. 33
(d2) The Board shall send the licensee an itemized description of costs assessed under this 34
section at the conclusion of the disciplinary action. If there exists a discrepancy between the 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 893-First Edition
itemized description of costs and the cost amounts charged to the licensee, then the licensee shall 1
be refunded the difference and any amount overcharged and already paid to the Board shall be 2
refunded. 3
(e) If the Board imposes a civil penalty under this section, the party against whom the 4
civil penalty has been assessed may file a petition for judicial review under Article 4 of Chapter 5
150B of the General Statutes." 6
SECTION 2. G.S. 90-144 reads as rewritten: 7
"§ 90-144. Meetings of the North Carolina State Board of Chiropractic Examiners. 8
(a) The North Carolina State Board of Chiropractic Examiners shall meet at least once a 9
year at such time and place as the Board shall determine and advertise. 10
(b) The Board is a public body, as that term is defined in Article 33C of Chapter 143 of 11
the General Statutes, and shall keep full and accurate minutes of all official meetings in 12
conformity with all of the following: 13
(1) Except as provided in G.S. 143-318.18, the contents of the treasurer's, 14
director's, and attorney's reports and each committee report shall be 15
summarized. 16
(2) Except as provided in G.S. 143-318.18, for any matter that comes before the 17
Board in an open session or in which the chair invites comments, the minutes 18
shall include the names of persons making public comments and a summary 19
of those comments, including any rationale or justification offered in support 20
or opposition to the matter under discussion. 21
(3) For any motion disposed of by the Board's vote, the minutes shall include the 22
motion verbiage and the corresponding vote of each member of the Board. 23
(4) The Board shall publish a draft version of the minutes within 15 business days 24
after each meeting and the final version immediately upon approval of those 25
minutes. 26
(c) Applicants for licensure under this Article shall comply with G.S. 90-143(b)." 27
SECTION 3. The North Carolina State Board of Chiropractic Examiners shall adopt 28
rules to implement this act. 29
SECTION 4. Sections 1