§ 90-2. Medical Board.

§ 90‑2.  Medical Board.

(a)        There isestablished the North Carolina Medical Board to regulate the practice ofmedicine and surgery for the benefit and protection of the people of NorthCarolina. The Board shall consist of 12 members.

(1)        Seven of the membersshall be duly licensed physicians recommended by the Review Panel and appointedby the Governor as set forth in G.S. 90‑3.

(2)        The remaining fivemembers shall all be appointed by the Governor as follows:

a.         One shall be a dulylicensed physician who is a doctor of osteopathy or a full‑time facultymember of one of the medical schools in North Carolina who utilizes integrativemedicine in that person's clinical practice or a member of The Old North StateMedical Society. This Board position shall not be subject to recommendations ofthe Review Panel pursuant to G.S. 90‑3.

b.         Three shall bepublic members, and these Board positions shall not be subject torecommendations of the Review Panel pursuant to G.S. 90‑3. A publicmember shall not be a health care provider nor the spouse of a health careprovider. For the purpose of Board membership, "health care provider"means any licensed health care professional, agent or employee of a health careinstitution, health care insurer, health care professional school, or a memberof any allied health profession. For purposes of this section, a personenrolled in a program as preparation to be a licensed health care professionalor an allied health professional shall be deemed a health care provider. Forpurposes of this section, any person with significant financial interest in ahealth service or profession is not a public member.

c.         One shall be aphysician assistant as defined in G.S. 90‑18.1 or a nurse practitioner asdefined in G.S. 90‑18.2 as recommended by the Review Panel pursuant toG.S. 90‑3.

(a1)      Each appointing andnominating authority shall endeavor to see, insofar as possible, that itsappointees and nominees to the Board reflect the composition of the State withregard to gender, ethnic, racial, and age composition.

(b)        No member shallserve more than two complete consecutive three‑year terms, except thateach member shall serve until a successor is chosen and qualifies.

(c)        Repealed by SessionLaws 2003‑366, s. 1, effective October 1, 2003.

(d)        Any member of theBoard may be removed from office by the Governor for good cause shown. Anyvacancy in the physician, physician assistant, or nurse practitioner membershipof the Board shall be filled for the period of the unexpired term by theGovernor from a list submitted by the Review Panel pursuant to G.S. 90‑3except as provided in G.S. 90‑2(a)(2)a. Any vacancy in the publicmembership of the Board shall be filled by the Governor for the unexpired term.

(e)        The North CarolinaMedical Board shall have the power to acquire, hold, rent, encumber, alienate,and otherwise deal with real property in the same manner as any private personor corporation, subject only to approval of the Governor and the Council ofState as to the acquisition, rental, encumbering, leasing, and sale of realproperty. Collateral pledged by the Board for an encumbrance is limited to theassets, income, and revenues of the Board. (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.)