North Carolina § 90-3 - Review Panel recommends certain Board members; criteria for recommendations.

§ 90-3. Review Panel recommends certain Board members; criteria for recommendations.

There is created a Review Panel to review all applicants for the physician positions, the physician assistant position, and the nurse practitioner position on the Board. The Review Panel shall consist of nine members, including four from the Medical Society, one from the Old North State Medical Society, one from the North Carolina Osteopathic Medical Association, one from the North Carolina Academy of Physician Assistants, one from the North Carolina Nurses Association Council of Nurse Practitioners, and one public member currently serving on the Board. All physicians, physician assistants, and nurse practitioners serving on the Review Panel shall be actively practicing in North Carolina. To be considered qualified for a physician position, the physician assistant position, or nurse practitioner position on the Board, an applicant shall meet each of the following criteria: Hold an active, nonlimited license to practice medicine in North Carolina, or in the case of a physician assistant and nurse practitioner, hold an active license or approval to perform medical acts, tasks, and functions in North Carolina. Have an active clinical or teaching practice. For purposes of this subdivision, the term "active" means patient care, or instruction of students in an accredited medical school or residency, or clinical research program, for 20 hours or more per week. Have actively practiced in this State for at least five consecutive years immediately preceding the appointment. Intend to remain in active practice in this State for the duration of the term on the Board. Submit at least three letters of recommendation, either from individuals or from professional or other societies or organizations. Have no public disciplinary history with the Board or any other licensing board in this State or another state over the past 10 years before applying for appointment to the Board. Have no history of felony convictions of any kind. Have no misdemeanor convictions related to the practice of medicine. Indicate, in a manner prescribed by the Review Panel, that the applicant: (i) understands that the primary purpose of the Board is to protect the public; (ii) is willing to take appropriate disciplinary action against his or her peers for misconduct or violations of the standards of medical care; and (iii) is aware of the time commitment needed to be a constructive member of the Board. Have not served more than 72 months as a member of the Board. The Review Panel shall recommend at least two qualified nominees for each open position on the Board. If the Governor chooses not to appoint either of the recommended nominees, the Review Panel shall recommend at least two new qualified nominees. Notice of open physician, physician assistant, or nurse practitioner positions on the Board shall be sent to all physicians currently licensed to practice medicine in North Carolina and all physician assistants and nurse practitioners currently licensed or approved to perform medical acts, tasks, and functions in this State. Applicants for positions on the Board shall not be required to be members of any professional association or society, except as provided in G.S. 90-2(a)(2)a. Notwithstanding any provision of G.S. 90-16, the Board may provide confidential and nonpublic licensing and investigative information in its possession to the Review Panel regarding applicants. All applications, records, papers, files, reports, and all investigative and licensing information received by the Review Panel from the Board and other documents received or gathered by the Review Panel, its members, employees, agents, and consultants as a result of soliciting, receiving, and reviewing applications and making recommendations as required in this section shall not be considered public records within the meaning of Chapter 132 of the General Statutes. All such information shall be privileged, confidential, and not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the Review Panel, the Board, and their employees, agents, or consultants, except as provided in this section. The Review Panel shall publish on its Internet Web site the names and practice addresses of all applicants within 10 days after the application deadline. The Review Panel shall publish on its Internet Web site the names and practice addresses of the nominees recommended to the Governor within 10 days after notifying the Governor of those recommendations and not less than 30 days prior to the expiration of the open position on the Board. The Review Panel is a public body within the meaning of Article 33C of Chapter 143 of the General Statutes. In addition to the provisions contained in Article 33C of Chapter 143 of the General Statutes permitting a public body to conduct business in a closed session, the Review Panel shall meet in closed session to review applications; interview applicants; review and discuss information received from the Board; and discuss, debate, and vote on recommendations to the Governor. The Review Panel shall contract for the independent administrative services needed to complete its functions and duties. The Board shall provide funds to pay the reasonable cost for the administrative services of the Review Panel. The Board shall convene the initial meeting of the Review Panel. The Review Panel shall elect a chair, and all subsequent meetings shall be convened by the Review Panel. The Governor shall appoint Board members as provided in G.S. 90-2 . The Review Panel shall attempt to make its recommendations to the Governor reflect the composition of the State with regard to gender, ethnic, racial, and age composition. The Review Panel and its members and staff shall not be held liable in any civil or criminal proceeding for exercising, in good faith, the powers and duties authorized by law. History (1858-9, c. 258, s. 9; Code, s. 3126; Rev., s. 4493; C.S., s. 6607; 1981, c. 573, s. 3; 2007-346, s. 4; 2015-213, s. 2; 2016-117, s. 2(b)-(d); 2019-191, s. 3.) Effect of Amendments. - Session Laws 2007-346, s. 4, effective January 1, 2008, rewrote the section which read: "The Governor shall appoint as physician members of the Board physicians elected and nominated by the North Carolina Medical Society." Session Laws 2015-213, s. 2, effective August 11, 2015, substituted "positions, the physician assistant position, and the" for "positions and the physician assistant or" in the first sentence of subsection (a); substituted "a physician position, the physician assistant position," for "a physician position or the physician assistant" in subsection (b); substituted "and nurse practitioner" for "or nurse practitioner" in subdivision (b)(1); made a minor stylistic change in subsection (c); and substituted "physician, physician assistant, or nurse practitioner positions" for "physician positions or the physician assistant or nurse practitioner position," near the beginning of subsection (d). Session Laws 2016-117, s. 2(b), effective October 1, 2016, added subdivision (b)(10). Session Laws 2016-117, s. 2(c), effective October 1, 2016, made a stylistic change in subsection (c). Session Laws 2016-117, s. 2(d), effective October 1, 2016, added subsections (f) through (h). Session Laws 2019-191, s. 3, effective October 1, 2019, substituted "Board" for "Board except as provided in G.S. 90-2(a)(2) a" in the first sentence of subsection (a); substituted "medical care" for "care or practice of medicine" in subdivision (b)(9); and added "regarding applicants" at the end of subsection (f).