§ 90-684. Perfusion Advisory Committee.
§ 90‑684. PerfusionAdvisory Committee.
(a) Composition andTerms. The North Carolina Perfusion Advisory Committee is created. TheCommittee shall consist of seven members who shall serve staggered terms. Theinitial Committee members shall be selected on or before October 1, 2005, asfollows:
(1) The North CarolinaMedical Board shall appoint three licensed perfusionists, two of whom shallserve a term of three years and one of whom shall serve a term of two years.
(2) The North CarolinaMedical Board shall appoint one physician who is licensed under Article 1 ofChapter 90 of the General Statutes and is a cardiothoracic surgeon or acardiovascular anesthesiologist, who shall serve a term of two years.
(3) The North CarolinaHospital Association shall appoint two hospital administrators, one of whomshall serve a term of two years and one of whom shall serve a one‑yearterm.
(4) The Governor shallappoint one public member who shall serve a one‑year term.
Upon the expiration of theterms of the initial Committee members, members shall be appointed by theappointing authorities designated in subdivisions (1) through (4) of thissubsection for a term of three years and shall serve until a successor isappointed. No member may serve more than two consecutive full terms.
(b) Qualifications. Membersof the Committee shall be citizens of the United States and residents of thisState. The perfusionist members shall hold current licenses from the Committeeand shall remain in good standing with the Committee during their terms. Publicmembers of the Committee shall not be: (i) trained or experienced in thepractice of perfusion, (ii) an agent or employee of a person engaged in thepractice of perfusion, (iii) a health care professional licensed under thisChapter or a person enrolled in a program to become a licensed health careprofessional, (iv) an agent or employee of a health care institution, a healthcare insurer, or a health care professional school, (v) a member of an alliedhealth profession or a person enrolled in a program to become a member of anallied health profession, or (vi) a spouse of an individual who may not serveas a public member of the Committee.
(c) Vacancies. Anyvacancy shall be filled by the authority originally filling that position. Appointeesto fill vacancies shall serve the remainder of the unexpired term and untiltheir successors have been duly appointed and qualified.
(d) Removal. TheCommittee may remove any of its members for neglect of duty, incompetence, orunprofessional conduct. A member subject to disciplinary proceedings in his orher capacity as a licensed perfusionist shall be disqualified fromparticipating in the official business of the Committee until the charges havebeen resolved.
(e) Compensation. Eachmember of the Committee shall receive per diem and reimbursement for travel andsubsistence as provided in G.S. 93B‑5.
(f) Officers. Theofficers of the Committee shall be a chair, a vice‑chair, and otherofficers deemed necessary by the Committee to carry out the purposes of thisArticle. All officers shall be elected annually by the Committee for two‑yearterms and shall serve until their successors are elected and qualified. Thechair of the Committee shall be a licensed perfusionist.
(g) Meetings. The Committeeshall hold its first meeting within 30 days after the appointment of itsmembers and shall hold at least two meetings each year to conduct business andto review the standards and rules previously adopted by the Committee. TheCommittee shall establish the procedures for calling, holding, and conductingregular and special meetings. A majority of Committee members constitutes aquorum.
(h) Qualified Immunity. The Committee and its members and staff shall not be held liable in any civilor criminal proceeding for exercising, in good faith, the powers and dutiesauthorized by law. A person, partnership, firm, corporation, association,authority, or other entity acting in good faith without fraud or malice shallbe immune from civil liability for (i) reporting, investigating, or providingan expert medical opinion to the Committee regarding the acts and omissions ofa licensee or applicant that violates the provisions of G.S. 90‑691(a) orany other provision of law relating to the fitness of a licensee or applicantto practice perfusion and (ii) initiating or conducting proceedings against alicensee or applicant if a complaint is made or action is taken in good faithwithout fraud or malice. A person shall not be held liable in any civilproceeding for testifying before the Committee in good faith and without fraudor malice in any proceeding involving a violation of G.S. 90‑961(a) orany other law relating to the fitness of an applicant or licensee to practiceperfusion, or for making a recommendation to the Committee in the nature ofpeer review, in good faith and without fraud and malice. (2005‑267, s. 1; 2007‑525,s. 7.)