§ 90C-23. North Carolina Recreational Therapy Licensure Board is created.
§ 90C‑23. NorthCarolina Recreational Therapy Licensure Board is created.
(a) The North CarolinaRecreational Therapy Licensure Board is created.
(b) Composition. TheBoard shall consist of eight members appointed as follows:
(1) Three practicingrecreational therapists, one of whom shall be appointed by the Governor, one ofwhom shall be appointed by the General Assembly upon the recommendation of thePresident Pro Tempore of the Senate, and one of whom shall be appointed by theGeneral Assembly upon the recommendation of the Speaker of the House ofRepresentatives.
(2) One licensedpracticing recreational therapy assistant appointed by the Governor.
(3) One licensedpracticing recreational therapist who is engaged primarily in providingeducation or training for recreational therapists or recreational therapyassistants appointed by the Governor.
(4) One physicianlicensed pursuant to Article 1 of Chapter 90 of the General Statutes appointedby the Governor.
(5) Two public members,one of whom shall be appointed by the General Assembly upon the recommendationof the President Pro Tempore of the Senate and one of whom shall be appointedby the General Assembly upon the recommendation of the Speaker of the House ofRepresentatives.
The Governor shall make appointmentsafter consultation with the North Carolina Recreational Therapy Licensure Boardand other interested persons.
(c) Qualifications. The nonpublic recreational therapist or recreational therapy assistant membersof the Board shall hold a current license. Each nonpublic recreationaltherapist or recreational therapy assistant member of the Board, at the time ofhis or her appointment and for at least two years before, shall have beenactively engaged in North Carolina in the practice of recreational therapy ortherapeutic recreation, in the education and training of graduate orundergraduate students of recreational therapy or therapeutic recreation, or inrecreational therapy or therapeutic recreation research.
One public member shall not bea licensed health care professional or an agent or employee of any health careinstitution, health care insurer, health care professional school, or a memberof any allied health profession. One public member shall have receivedrecreational therapy or therapeutic recreation services. For purposes of thissubsection, a person enrolled in a program to prepare him or her to be alicensed health care professional or an allied health professional shall not beeligible to serve as a public member of the Board. The spouse of any person whowould be prohibited by this subsection from serving on the Board as a publicmember shall not serve as a public member of the Board. Public members shallreasonably reflect the population of this State.
(d) Term. Members ofthe Board shall serve three‑year staggered terms and shall serve until asuccessor is appointed and qualified. No member shall serve more than twoconsecutive full terms.
(e) Vacancies. TheGovernor shall fill vacancies to the Board positions for which the Governor isthe appointing authority within 30 days after a position is vacated. TheGeneral Assembly shall fill vacancies for which it is the appointing authorityin accordance with G.S. 120‑122. Appointees shall serve the remainder ofthe unexpired term and until their successors have been appointed andqualified.
(f) Removal. TheBoard may remove any of its members for gross neglect of duty, incompetence, orunprofessional conduct. A member subject to disciplinary proceedings shall bedisqualified from Board business until the charges are resolved. The Governormay also remove any member for gross neglect of duty, incompetence, orunprofessional conduct.
(g) Compensation. Each member of the Board shall receive such per diem compensation andreimbursement for travel and subsistence as shall be set for licensing Boardmembers generally, as provided in G.S. 93B‑5.
(h) Officers. Theofficers of the Board shall be a chairman, a vice‑chairman, and otherofficers deemed necessary by the Board to carry out the purposes of thisChapter. All officers shall be elected annually by the Board for one‑yearterms and shall serve until their successors are elected and qualified.
(i) Meetings. TheBoard shall hold at least two meetings each year to conduct business and shalladopt rules governing the calling, holding, and conducting of regular andspecial meetings. A majority of the Board members shall constitute a quorum.
(j) Employees. TheBoard may employ necessary personnel for the performance of its functions and fixtheir compensation within the limits of the funds available to the Board.
(k) The total expenseof the administration of this Chapter shall not exceed the total income fromfees collected pursuant to this Chapter. None of the expenses of the Board, orthe compensation or expenses of any officer or any employee of the Board, shallbe paid or payable out of the General Fund. Neither the Board nor any of itsofficers or employees may incur any expense, debt, or other financialobligation binding upon the State. (2005‑378, s. 2.)