§ 90-22. Practice of dentistry regulated in public interest; Article liberally construed; Board of Dental Examiners; composition; qualifications and terms of members; vacancies; nominations and electi
Article 2.
Dentistry.
§ 90‑22. Practice of dentistry regulated inpublic interest; Article liberally construed; Board of Dental Examiners;composition; qualifications and terms of members; vacancies; nominations andelections; compensation; expenditures by Board.
(a) The practice of dentistry in the State of North Carolina ishereby declared to affect the public health, safety and welfare and to besubject to regulation and control in the public interest. It is furtherdeclared to be a matter of public interest and concern that the dentalprofession merit and receive the confidence of the public and that onlyqualified persons be permitted to practice dentistry in the State of NorthCarolina. This Article shall be liberally construed to carry out these objectsand purposes.
(b) The North Carolina State Board of Dental Examinersheretofore created by Chapter 139, Public Laws 1879 and by Chapter 178, PublicLaws 1915, is hereby continued as the agency of the State for the regulation ofthe practice of dentistry in this State. Said Board of Dental Examiners shallconsist of six dentists who are licensed to practice dentistry in NorthCarolina, one dental hygienist who is licensed to practice dental hygiene inNorth Carolina and one person who shall be a citizen and resident of NorthCarolina and who shall be licensed to practice neither dentistry nor dentalhygiene. The dental hygienist or the consumer member cannot participate orvote in any matters of the Board which involves the issuance, renewal or revocationof the license to practice dentistry in the State of North Carolina. Theconsumer member cannot participate or vote in any matters of the Board whichinvolve the issuance, renewal or revocation of the license to practice dentalhygiene in the State of North Carolina. Members of the Board licensed topractice dentistry in North Carolina shall have been elected in an electionheld as hereinafter provided in which every person licensed to practicedentistry in North Carolina and residing or practicing in North Carolina shallbe entitled to vote. Each member of said Board shall be elected for a term ofthree years and until his successor shall be elected and shall qualify. Eachyear there shall be elected two dentists for such terms of three years each. Every three years there shall be elected one dental hygienist for a term ofthree years. Dental hygienists shall be elected to the Board in an electionheld in accordance with the procedures hereinafter provided in which thosepersons licensed to practice dental hygiene in North Carolina and residing orpracticing in North Carolina shall be entitled to vote. Every three years aperson who is a citizen and resident of North Carolina and licensed to practiceneither dentistry nor dental hygiene shall be appointed to the Board for a termof three years by the Governor of North Carolina. Any vacancy occurring onsaid Board shall be filled by a majority vote of the remaining members of theBoard to serve until the next regular election conducted by the Board, at whichtime the vacancy will be filled by the election process provided for in thisArticle, except that when the seat on the Board held by a person licensed topractice neither dentistry nor dental hygiene in North Carolina shall becomevacant, the vacancy shall be filled by appointment by the Governor for theperiod of the unexpired term. No dentist shall be nominated for or elected tomembership on said Board, unless, at the time of such nomination and electionsuch person is licensed to practice dentistry in North Carolina and actuallyengaged in the practice of dentistry. No dental hygienist shall be nominatedfor or elected to membership on said Board unless, at the time of suchnomination and election, such person is licensed to practice dental hygiene inNorth Carolina and is currently employed in dental hygiene in North Carolina. No person shall be nominated, elected, or appointed to serve more than twoconsecutive terms on said Board.
(c) Nominations and elections of members of the North CarolinaState Board of Dental Examiners shall be as follows:
(1) An election shall be held each year to elect successors tothose members whose terms are expiring in the year of the election, eachsuccessor to take office on the first day of August following the election andto hold office for a term of three years and until his successor has beenelected and shall qualify; provided that if in any year the election of themembers of such Board for that year shall not have been completed by August 1of that year, then the said members elected that year shall take officeimmediately after the completion of the election and shall hold office untilthe first of August of the third year thereafter and until their successors areelected and qualified. Persons appointed to the Board by the Governor shalltake office on the first day of August following their appointment and shallhold office for a term of three years and until such person's successor hasbeen appointed and shall qualify; provided that if in any year the Governorshall not have appointed a person by August first of that year, then the saidmember appointed that year shall take office immediately after his appointmentand shall hold office until the first of August of the third year thereafterand until such member's successor is appointed and qualified.
(2) Every dentist with a current North Carolina license residingor practicing in North Carolina shall be eligible to vote in elections ofdentists to the Board. Every dental hygienist with a current North Carolinalicense residing or practicing in North Carolina shall be eligible to vote inelections of dental hygienists to the Board. The holding of such a license topractice dentistry or dental hygiene in North Carolina shall constituteregistration to vote in such elections. The list of licensed dentists anddental hygienists shall constitute the registration list for elections to theappropriate seats on the Board.
(3) All elections shall be conducted by the Board of DentalExaminers which is hereby constituted a Board of Dental Elections. If a memberof the Board of Dental Examiners whose position is to be filled at any electionis nominated to succeed himself, and does not withdraw his name, he shall bedisqualified to serve as a member of the Board of Dental Elections for thatelection and the remaining members of the Board of Dental Elections shallproceed and function without his participation.
(4) Nomination of dentists for election shall be made to theBoard of Dental Elections by a written petition signed by not less than 10dentists licensed to practice in North Carolina and residing or practicing inNorth Carolina. Nomination of dental hygienists for election shall be made tothe Board of Dental Elections by a written petition signed by not less than 10dental hygienists licensed to practice in North Carolina and residing orpracticing in North Carolina. Such petitions shall be filed with said Board ofDental Elections subsequent to January 1 of the year in which the election isto be held and not later than midnight of the twentieth day of May of suchyear, or not later than such earlier date (not before April 1) as may be set bythe Board of Dental Elections: provided, that not less than 10 days' notice ofsuch earlier date shall be given to all dentists or dental hygienists qualifiedto sign a petition of nomination. The Board of Dental Elections shall, beforepreparing ballots, notify all persons who have been duly nominated of theirnomination.
(5) Any person who is nominated as provided in subdivision (4)above may withdraw his name by written notice delivered to the Board of DentalElections or its designated secretary at any time prior to the closing of thepolls in any election.
(6) Following the close of nominations, there shall be prepared,under and in accordance with such rules and regulations as the Board of DentalElections shall prescribe, ballots containing, in alphabetical order, the namesof all nominees; and each ballot shall have such method of identification, andsuch instructions and requirements printed thereon, as shall be prescribed bythe Board of Dental Elections. At such time as may be fixed by the Board ofDental Elections a ballot and a return official envelope addressed to saidBoard shall be mailed to each person entitled to vote in the election beingconducted, together with a notice by said Board designating the latest day andhour for return mailing and containing such other items as such Board may seefit to include. The said envelope shall bear a serial number and shall haveprinted on the left portion of its face the following:
"Serial No. of Envelope _________________________________________
Signature of Voter __________________________________________
Address of Voter __________________________________________
__________________________________________
(Note: The enclosed ballot is not valid unless thesignature of the voter is on this envelope)."
The Board of Dental Elections may cause to be printed orstamped or written on said envelope such additional notice as it may see fit togive. No ballot shall be valid or shall be counted in an election unless,within the time hereinafter provided, it has been delivered to said Board byhand or by mail and shall be sealed. The said Board by rule may make provisionfor replacement of lost or destroyed envelopes or ballots upon making properprovisions to safeguard against abuse.
(7) The date and hour fixed by the Board of Dental Elections asthe latest time for delivery by hand or mailing of said return ballots shall benot earlier than the tenth day following the mailing of the envelopes andballots to the voters.
(8) The said ballots shall be canvassed by the Board of DentalElections beginning at noon on a day and at a place set by said Board andannounced by it in the notice accompanying the sending out of the ballots andenvelopes, said date to be not later than four days after the date fixed by theBoard for the closing of the balloting. The canvassing shall be made publiclyand any licensed dentists may be present. The counting of ballots shall beconducted as follows: The envelopes shall be displayed to the persons presentand an opportunity shall be given to any person present to challenge thequalification of the voter whose signature appears on the envelope or tochallenge the validity of the envelope. Any envelope (with enclosed ballot)challenged shall be set aside, and the challenge shall be heard later or atthat time by said Board. After the envelopes have been so exhibited, those notchallenged shall be opened and the ballots extracted therefrom, insofar aspracticable without showing the marking on the ballots, and there shall be afinal and complete separation of each envelope and its enclosed ballot. Thereafter each ballot shall be presented for counting, shall be displayed and,if not challenged, shall be counted. No ballot shall be valid if it is markedfor more nominees than there are positions to be filled in that election:provided, that no ballot shall be rejected for any technical error unless it isimpossible to determine the voter's choices or choice from the ballot. Thecounting of the ballots shall be continued until completed. During thecounting, challenge may be made to any ballot on the grounds only of defectsappearing on the face of the ballot. The said Board may decide the challengeimmediately when it is made or it may put aside the ballot and determine thechallenge upon the conclusion of the counting of the ballots.
(9) a. Where there is more than onenominee eligible for election to a single seat:
1. The nominee receiving a majority of the votes cast shall bedeclared elected.
2. In the event that no nominee receives a majority, a secondelection shall be conducted between the two nominees who receive the highestnumber of votes.
b. Where there are more than two nominees eligible for electionto either of two seats at issue in the same election:
1. A majority shall be any excess of the sum ascertained bydividing the total number of votes cast for all nominees by four.
2. In the event that more than two nominees receive a majorityof the votes cast, the two receiving the highest number of votes shall bedeclared elected.
3. In the event that only one of the nominees receives amajority, he shall be declared elected and the Board of Dental Examiners shallthereupon order a second election to be conducted between the two nomineesreceiving the next to highest number of votes.
4. In the event that no nominee receives a majority, a secondelection shall be conducted between the four candidates receiving the highestnumber of votes. At such second election, the two nominees receiving thehighest number of votes shall be declared elected.
c. In any election, if there is a tie between candidates, thetie shall be resolved by the vote of the Board of Dental Examiners, providedthat if a member of that Board is one of the candidates in the tie, he may notparticipate in such vote.
(10) In the event there shall be required a second election, thereshall be followed the same procedure as outlined in the paragraphs abovesubject to the same limitations and requirements: provided, that if the secondelection is between four candidates, then the two receiving the highest numberof votes shall be declared elected.
(11) In the case of the death or withdrawal of a candidate priorto the closing of the polls in any election, he shall be eliminated from thecontest and any votes cast for him shall be disregarded. If, at any time afterthe closing of the period for nominations because of lack of plural or propernominations or death, or withdrawal, or disqualification or any other reason,there shall be (i) only two candidates for two positions, they shall bedeclared elected by the Board of Dental Elections, or (ii) only one candidatefor one position, he shall be declared elected by the Board of DentalElections, or (iii) no candidate for two positions, the two positions shall befilled by the Board of Dental Examiners, or (iv) no candidate for one position,the position shall be filled by the Board of Dental Examiners, or (v) onecandidate for two positions, the one candidate shall be declared elected by theBoard of Dental Elections and one qualified dentist shall be elected to theother position by the Board of Dental Examiners. In the event of the death orwithdrawal of a candidate after election but before taking office, the positionto which he was elected shall be filled by the Board of Dental Examiners. Inthe event of the death or resignation of a member of the Board of DentalExaminers, after taking office, his position shall be filled for the unexpiredterm by the Board of Dental Examiners.
(12) An official list of licensed dentists shall be kept at anoffice of the Board of Dental Elections and shall be open to the inspection ofany person at all times. Copies may be made by any licensed dentist. As soonas the voting in any election begins a list of the licensed dentists shall beposted in such office of said Board and indication by mark or otherwise shallbe made on that list to show whether a ballot‑enclosing envelope has beenreturned.
(13) All envelopes enclosing ballots and all ballots shall bepreserved and held separately by the Board of Dental Elections for a period ofsix months following the close of an election.
(14) From any decision of the Board of Dental Elections relativeto the conduct of such elections, appeal may be taken to the courts in themanner otherwise provided by Chapter 150B of the General Statutes of NorthCarolina.
(15) The Board of Dental Elections is authorized to make rules andregulations relative to the conduct of these elections, provided same are notin conflict with the provisions of this section and provided that notice shallbe given to all licensed dentists residing in North Carolina.
(d) For service on the Board of Dental Elections, the members ofsuch Board shall receive the per diem compensation and expenses allowed by thisArticle for service as members of the Board of Dental Examiners. The Board ofDental Elections is authorized and empowered to expend from funds collectedunder the provisions of this Article such sum or sums as it may determinenecessary in the performance of its duties as a Board of Dental Elections, saidexpenditures to be in addition to the authorization contained in G.S. 90‑43and to be disbursed as provided therein.
(e) The Board of Dental Elections is authorized to appoint suchsecretary or secretaries and/or assistant secretary or assistant secretaries toperform such functions in connection with such nominations and elections assaid Board shall determine, provided that any protestant or contestant shallhave the right to a hearing by said Board in connection with any challenge of avoter, or an envelope, or a ballot or the counting of an election. Said Boardis authorized to designate an office or offices for the keeping of lists ofregistered dentists, for the issuance and the receipt of envelopes and ballots.(1935, c. 66, s. 1; 1957,c. 592, s. 1; 1961, c. 213, s. 1; 1971, c. 755, s. 1; 1973, c. 1331, s. 3;1979, 2nd Sess., c. 1195, ss. 1‑5; 1981, c. 751, ss. 1, 2; 1987, c. 827,s. 1.)