North Carolina § 90-2 - Medical Board.

§ 90-2. Medical Board.

There is established the North Carolina Medical Board to regulate the practice of medicine and surgery for the benefit and protection of the people of North Carolina. The Board shall consist of 13 members: Six of the members shall be duly licensed physicians recommended by the Review Panel and appointed by the Governor as set forth in G.S. 90-3. Five members shall all be appointed by the Governor as follows: One shall be a member of The Old North State Medical Society. This Board position shall be subject to recommendations of the Review Panel pursuant to G.S. 90-3. One shall be a public member, and this Board position shall not be subject to recommendation of the Review Panel pursuant to G.S. 90-3. One shall be a physician assistant as defined in G.S. 90-18.1 as recommended by the Review Panel pursuant to G.S. 90-3. One shall be a nurse practitioner as defined in G.S. 90-18.2 as recommended by the Review Panel pursuant to G.S. 90-3. One shall be a duly licensed physician who is a doctor of osteopathic medicine or a full-time faculty member of one of the medical schools in North Carolina who utilizes integrative medicine in that person's clinical practice, as recommended by the Review Panel pursuant to G.S. 90-3. Two public members appointed by the General Assembly in accordance with G.S. 120-121, one upon recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate. Each appointing and nominating authority shall endeavor to see, insofar as possible, that its appointees and nominees to the Board reflect the composition of the State with regard to gender, ethnic, racial, and age composition. No member shall serve more than two complete three-year terms in a lifetime, except that each member shall serve until a successor is chosen and qualifies. A public member appointed pursuant to sub-subdivision (a)(2)b. and subdivision (a)(3) of this section shall not be a health care provider nor the spouse of a health care provider. For the purpose of Board membership, "health care provider" means any licensed health care professional, agent, or employee of a health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this section, a person enrolled in a program as preparation to be a licensed health care professional or an allied health professional shall be deemed a health care provider. For purposes of this section, any person with significant financial interest in a health service or profession is not a public member. Repealed by Session Laws 2003-366, s. 1, effective October 1, 2003. Any member of the Board may be removed from office by the Governor for good cause shown. Any vacancy in the physician, physician assistant, or nurse practitioner membership of the Board shall be filled for the period of the unexpired term by the Governor from a list submitted by the Review Panel pursuant to G.S. 90-3. Any vacancy in the public membership of the Board shall be filled by the appropriate appointing authority for the unexpired term. The North Carolina Medical Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as any private person or corporation, subject only to approval of the Governor and the Council of State as to the acquisition, rental, encumbering, leasing, and sale of real property. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board. History (1858-9, c. 258, ss. 3, 4; Code, s. 3123; Rev., s. 4492; C.S., s. 6606; Ex. Sess. 1921, c. 44, s. 1; 1981, c. 573, s. 2; 1991 (Reg. Sess., 1992), c. 787, s. 1; 1993, c. 241, s. 2; 1995, c. 94, s. 1; c. 405, s. 1; 1997-511, s. 1; 2003-366, s. 1; 2007-346, s. 2; 2015-213, s. 1; 2016-117, s. 2(a); 2017-206, s. 5(a); 2018-92, s. 2(a); 2019-191, ss. 2(a), 2(b).) Editor's Note. - Session Laws 2017-206, s. 5(b), provides: "For the term of the public member appointed by the Governor expiring in 2017, that member shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, in accordance with G.S. 120-121 . For the term of the public member appointed by the Governor expiring in 2018, that member shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, in accordance with G.S. 120-121 . As terms expire thereafter or as vacancies occur prior to the expiration of a term, the members on the Medical Board shall be appointed in accordance with G.S. 90-2 , as amended by this act." Session Laws 2017-206, s. 5(c), made the amendment to this section by Session Laws 2017-206, s. 5(a), effective August 30, 2017, and applicable to vacancies occurring after June 30, 2017. Session Laws 2018-92, s. 2(b), made the amendment of subsection (a) of this section by Session Laws 2018-92, s. 2(a), effective October 31, 2019, and applicable to vacancies on the North Carolina Medical Board occurring on or after that date. Effect of Amendments. - Session Laws 2003-366, s. 1, effective October 1, 2003, in subsection (a), rewrote the first sentence in the introductory paragraph, and rewrote the first sentence of subdivision (2); inserted subsection (a1); in subsection (b), deleted "appointed to the Board on or after November 1, 1981" following "No member"; deleted subsection (c), which provided for the expiration dates of the terms of office; and made minor stylistic and punctuation changes throughout the section. See editor's note for applicability. Session Laws 2007-346, s. 2, effective January 1, 2008, rewrote the section. Session Laws 2015-213, s. 1, effective August 11, 2015, substituted "13 members" for "12 members" at the end of the second sentence of subsection (a); substituted "six members" for "five members" near the beginning of subdivision (a)(1); deleted "or a nurse practitioner as defined in G.S. 90-18.2 " preceding "as recommended by the Review Panel" in subdivision (a)(2)c; and added subdivision (a)(2)d. Session Laws 2016-117, s. 2(a), effective October 1, 2016, substituted "two complete three-year terms in a lifetime" for "two complete consecutive three-year terms" in subsection (b). Session Laws 2017-206, s. 5(a), effective August 30, 2017, substituted "Four members" for "The remaining six members" in subdivision (a)(2), rewrote the first sentence of subdivision (a)(2)b. and transferred and rewrote the remaining four sentences as new subsection (b1); added subdivision (a)(3); and substituted "the appropriate appointing authority" for "the Governor" in subsection (d). For effective date and applicability, see editor's note. Session Laws 2018-92, s. 2(a), in subdivision (a)(1), substituted "Six" for "Five"; in the introductory language of subdivision (a)(2), substituted "Five" for "Four"; redesignated the first part of the first sentence of subdivision (a)(2)a. as subdivision (a)(2)e. and added "as recommended by the Review Panel pursuant to G.S. 90-3 " at the end; and in subdivision (a)(2)a. deleted "not" preceding "be subject" in the second sentence. For effective date and applicability, see editor's note. Session Laws 2019-191, s. 2(a), effective October 31, 2019, substituted "osteopathic medicine" for "osteopathy" in the first sentence of sub-subdivision (a)(2)e. Session Laws 2019-191, s. 2(b), effective October 1, 2019, substituted "G.S. 90-3" for "G.S. 90-3 except as provided in G.S. 90-2(a)(2) a" in the first sentence of subsection (d). Legal Periodicals. - For article on administrative evidence rules, see 49 N.C.L. Rev. 635 (1971). For article, "The Learned Profession Exemption of the North Carolina Deceptive Trade Practices Act: The Wrong Bright Line?," see 15 Campbell L. Rev. 223 (1993). For article, "Aid in Dying in North Carolina," see 97 N.C. L. Rev. Addendum 1 (2019).