North Carolina § 90-354 - Appointments and removal of Board members, terms and compensation.

§ 90-354. Appointments and removal of Board members, terms and compensation.

The members of the Board shall be appointed as follows: The Governor shall appoint the following members: One licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1), who shall be an educator on the faculty of a college or university accredited at the time from the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education, specializing in the field of dietetics or nutrition. The licensed physician as described in G.S. 90-353(a1)(3). The public member as described in G.S. 90-353(a1)(4). The General Assembly upon the recommendation of the Speaker of the House of Representatives shall appoint one licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1) and one licensed nutritionist as described in G.S. 90-353(a1)(2), both in accordance with G.S. 120-121. One of these appointees shall be a dietician/nutritionist or a nutritionist whose primary practice is clinical dietetics or nutrition in a hospital or long-term care institution regulated under Article 5 or Part 1 of Article 6 of Chapter 131E of the General Statutes. The General Assembly upon the recommendation of the President Pro Tempore of the Senate shall appoint one licensed dietitian/nutritionist as described in G.S. 90-353(a1)(1) and one licensed nutritionist as described in G.S. 90-353(a1)(2), both in accordance with G.S. 120-121. One of these appointees shall be a dietician/nutritionist or a nutritionist whose primary practice is consulting in, or the private practice of, dietetics or nutrition. Members of the Board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified. No member shall serve on the Board for more than two consecutive terms. The Governor may remove members of the Board, after notice and opportunity for hearing, for any of the following reasons: Incompetence. Neglect of duty. Unprofessional conduct. Conviction of any felony. Failure to meet the qualifications of this Article. Committing any act prohibited by this Article. Any vacancy shall be filled by the appointing authority originally filling that position, except that any vacancy in appointments by the General Assembly shall be filled in accordance with G.S. 120-122. Members of the Board shall receive no compensation for their services, but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B-5. History (1991, c. 668, s. 1; 1995, c. 490, s. 16; 2001-342, s. 1; 2018-91, s. 4(a).) Editor's Note. - Session Laws 2018-91, ss. 4(b), (c), provides: "(b) Members of the Board appointed prior to July 1, 2018, shall continue to serve until their terms expire, so long as, beginning July 1, 2018, two members of the Board are licensed nutritionists that meet the qualifications described in G.S. 90-357.5(c) , as enacted by this act. "(c) The staggering of terms and new Board composition shall be as follows. The Board member appointed pursuant to G.S. 90-353(a)(6) , whose term expires on June 30, 2017, shall be succeeded by a licensed physician appointed by the Governor, pursuant to G.S. 90-353(a1)(3) and G.S. 90-354(a)(1) b. The Board member appointed pursuant to G.S. 90-353(a)(6) whose term expires on June 30, 2019, shall be succeeded by a member of the public appointed by the [G]overnor, pursuant to G.S. 90-353(a1)(4) and G.S. 90-354(a)(1) c. The Board member appointed pursuant to G.S. 90-353(a)(5) shall be succeeded by a licensed dietitian/nutritionist appointed by the Governor, pursuant to G.S. 90-353(a1)(1) and G.S. 90-354(a)(1)a. The Board member appointed pursuant to G.S. 90-353(a)(3) shall be succeeded by a licensed dietitian/nutritionist appointed by the General Assembly upon recommendation of the Speaker of the House, pursuant to G.S. 90-353(a1)(1) and G.S. 90-354(a)(2) . The Board member appointed pursuant to G.S. 90-353(a)(4) shall be succeeded by a licensed nutritionist appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, pursuant to G.S. 90-353(a1)(2) and G.S. 90-354(a)(3) . The Board member appointed pursuant to G.S. 90-353(a)(1) shall be succeeded by a licensed dietitian/nutritionist appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate, pursuant to G.S. 90-353(a1)(1) and G.S. 90-354(a)(3) . The Board member appointed pursuant to G.S. 90-353(a)(2) shall be succeeded by [a] licensed nutritionist appointed by the General Assembly upon recommendation of the Speaker of the House, pursuant to G.S. 90-353(a1)(2) and G.S. 90-354(a)(2) . Individuals who are Board members as of July 1, 2018, may be reappointed under the provisions of this subsection, provided they are otherwise eligible for reappointment." Effect of Amendments. - Session Laws 2018-91, s. 4(a), effective July 1, 2018, rewrote the section.