§ 90-113.32. Board; composition; voting.
§ 90‑113.32. Board;composition; voting.
(a) The Board iscreated as the authority to credential substance abuse professionals in NorthCarolina.
(b) Repealed by SessionLaws 2008‑130, s. 2, effective July 28, 2008.
(c) After the initialBoard members' terms expire, the Board shall consist of the following members,all of whom shall reside in North Carolina, appointed or elected as follows:
(1) Eleven professionalscredentialed pursuant to this Article and elected by the credentialedprofessionals, at least two of whom shall serve each of the four Division ofMental Health, Developmental Disabilities, and Substance Abuse Services regionsof the State. Three members shall serve as members at large.
(2) Three members atlarge chosen from laypersons or other professional disciplines who have shown aspecial interest in the field of substance abuse, nominated by the Nominatingand Elections Committee established by subsection (d) of this section andelected by the Board.
(3) Two members from theDepartment of Health and Human Services, appointed by the Chief of CommunityPolicy Management of the Division of Mental Health, Developmental Disabilities,and Substance Abuse Services, at least one of whom administers substance abuseservices.
(4) One member of thepublic at large appointed by the Governor.
(5) One member of thepublic at large appointed by the General Assembly upon the recommendation ofthe Speaker of the House of Representatives in accordance with G.S. 120‑121and one member of the public at large appointed by the General Assembly uponthe recommendation of the President Pro Tempore of the Senate in accordancewith G.S. 120‑121.
(6) One member shallrepresent each of the professional disciplines granted deemed status under G.S.90‑113.41A. The member may be appointed by the professional discipline onor before a date set by the Board. If the professional discipline has at leastone association in the State, the member shall be chosen from a list ofnominees submitted to the association. The members appointed or elected underthis subdivision shall be certified as substance abuse specialists by theprofessional discipline that the members represent.
No member of the General Assemblyshall serve on the Board.
(c1) Every member of theBoard shall have the right to vote on all matters before the Board, except forthe President who shall vote only in case of a tie or when another member ofthe Board abstains on the question of whether the professional discipline themember represents shall retain its deemed status.
(d) The Board shallappoint five professionals from the field of substance abuse counseling andsubstance abuse prevention consulting to serve on the Nominating and ElectionsCommittee. Of these five, at least three shall not be members of the Board. TheBoard shall appoint a member of the Nominating and Elections Committee to serveas chair. The Committee's purpose is to accept nominations from professionalscertified or licensed by the Board to fill vacancies on the Board in membershipcategories prescribed by subdivisions (1) and (2) of subsection (c) of thissection and to conduct the election of Board members. The Committee shallsolicit nominations from all professionals it has certified or licensed underthis Article when elected members' terms are due to expire. The certified orlicensed professionals shall submit to the Committee all nominations beginning90 days and ending 28 days before the election of new Board members. TheCommittee shall furnish all certified or licensed professionals with a ballotcontaining all the nominees for each elected Board member vacancy. Insoliciting and making nominations for this process, the Committee shall giveconsideration to factors that promote representation on the Board byprofessionals certified or licensed by the Board. The Committee shall serve fora two‑year term, its successors to be appointed for the same term by theBoard.
(e) Members of theBoard shall serve for four‑year terms. No Board member shall serve formore than two consecutive terms, but a person who has been a member for twoconsecutive terms may be reappointed after being off the Board for a period ofat least one year. When a vacancy occurs in an unexpired term, the Board shall,as soon as practicable, appoint temporary members to serve until the end of theunexpired terms. Time spent as a temporary member does not count in determiningthe limitation on consecutive terms.
(f) If a memberbecomes ineligible to serve on the Board for any reason, except when the memberhas committed an ethical violation that results in the suspension or revocationof the member's professional credentials, that member may fulfill the remainderof his or her term on the Board. (1993 (Reg. Sess., 1994), c. 685, s. 1; c. 773, s.15.2(a), (b); 1997‑443, s. 11A.118(a); 1997‑492, s. 3; 1999‑164,ss. 2‑4; 2005‑431, s. 1; 2008‑130, ss. 2, 3.)