The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

Sec. 87-1. Licenses required.

(a) To protect the health, safety and welfare of members of the Eastern Band of Cherokee, the following professionals, in order to practice their profession within the territory of the Eastern Band, must have a current license issued by the appropriate state regulatory agency, authorizing them to practice their profession in the State of North Carolina, and must be in good standing with that regulatory agency:

(1) Professionals in the construction trades required to be licensed in Chapter 87 of the North Carolina General Statutes;

(2) Health care professionals required to be licensed in Chapter 90 of the North Carolina General Statutes;

(3) Alarm systems contractors;

(4) Architects;

(5) Attorneys;

(6) Certified public accountants;

(7) Engineers;

(8) Fire sprinkler contractors;

(9) Geologists;

(10) Land surveyors, except BIA staff members certified under federal law to perform their duties;

(11) LP gas technicians;

(12) Notaries public;

(13) Real estate appraisers;

(14) Pesticide applicators.

(b) Territory of the Eastern Band means all lands held by the United States in trust for the Eastern Band of Cherokee Indians or its enrolled members, and all other lands owned or acquired by the Eastern Band, notwithstanding the issuance of any right-of-way.

(c) Licenses shall be required within one year of ratification of this chapter.

(Ord. No. 101, 2-5-2002)

Sec. 87-2. Violations.

Persons practicing the professions described in section 87-1 in violation of this chapter:

(a) Shall be guilty of a misdemeanor punishable by a fine of up to $5,000.00, by a term of imprisonment for up to one year, or both;

(b) Shall be subject to civil actions and sanctions set forth in section 14-1.2, Cherokee Code, and other criminal and civil actions as may apply; and/or

(c) Shall be reported to the appropriate state licensing board.

(Ord. No. 101, 2-5-2002)

Sec. 87-3. Reports by health care professionals; treatment of minors.

Health care professionals who in good faith rely on Tribal or North Carolina law in treating minors or in making reports to law enforcement, government agencies, regulatory bodies, etc. or who give testimony about an individual's mental or physical condition as required by Tribal or North Carolina law shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as the result of such testimony.

(Ord. No. 818, 5-19-2003)

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