GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2015-213

HOUSE BILL 724

AN ACT to Revise the membership of the north carolina medical board to ensure that at least one physician assistant and at least one nurse practitioner serve as members of the board.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑2(a) reads as rewritten:

"(a)       There is established the North Carolina Medical Board to regulate the practice of medicine and surgery for the benefit and protection of the people of North Carolina. The Board shall consist of 12 13 members.

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

(2)        The remaining five six members shall all be appointed by the Governor as follows:

a.         One shall be a duly licensed physician who is a doctor of osteopathy or a full‑time faculty member of one of the medical schools in North Carolina who utilizes integrative medicine in that person's clinical practice or a member of The Old North State Medical Society. This Board position shall not be subject to recommendations of the Review Panel pursuant to G.S. 90‑3.

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

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

d. One shall be a nurse practitioner as defined in G.S. 90‑18.2 as recommended by the Review Panel pursuant to G.S. 90‑3."

SECTION 2.  G.S. 90‑3 reads as rewritten:

"§ 90‑3.  Review Panel recommends certain Board members; criteria for recommendations.

(a)        There is created a Review Panel to review all applicants for the physician positions and positions, the physician assistant or assistant position, and the nurse practitioner position on the Board except as provided in G.S. 90‑2(a)(2)a. The Review Panel shall consist of nine members, including four from the Medical Society, one from the Old North State Medical Society, one from the North Carolina Osteopathic Medical Association, one from the North Carolina Academy of Physician Assistants, one from the North Carolina Nurses Association Council of Nurse Practitioners, and one public member currently serving on the Board. All physicians, physician assistants, and nurse practitioners serving on the Review Panel shall be actively practicing in North Carolina.

The Review Panel shall contract for the independent administrative services needed to complete its functions and duties. The Board shall provide funds to pay the reasonable cost for the administrative services of the Review Panel. The Board shall convene the initial meeting of the Review Panel. The Review Panel shall elect a chair, and all subsequent meetings shall be convened by the Review Panel.

The Governor shall appoint Board members as provided in G.S. 90‑2. The Review Panel shall attempt to make its recommendations to the Governor reflect the composition of the State with regard to gender, ethnic, racial, and age composition.

The Review Panel and its members and staff shall not be held liable in any civil or criminal proceeding for exercising, in good faith, the powers and duties authorized by law.

(b)        To be considered qualified for a physician position or position, the physician assistant position, or nurse practitioner position on the Board, an applicant shall meet each of the following criteria:

(1)        Hold an active, nonlimited license to practice medicine in North Carolina, or in the case of a physician assistant or and nurse practitioner, hold an active license or approval to perform medical acts, tasks, and functions in North Carolina.

(2)        Have an active clinical or teaching practice. For purposes of this subdivision, the term "active" means patient care, or instruction of students in an accredited medical school or residency, or clinical research program, for 20 hours or more per week.

(3)        Have actively practiced in this State for at least five consecutive years immediately preceding the appointment.

(4)        Intend to remain in active practice in this State for the duration of the term on the Board.

(5)        Submit at least three letters of recommendation, either from individuals or from professional or other societies or organizations.

(6)        Have no public disciplinary history with the Board or any other licensing board in this State or another state over the past 10 years before applying for appointment to the Board.

(7)        Have no history of felony convictions of any kind.

(8)        Have no misdemeanor convictions related to the practice of medicine.

(9)        Indicate, in a manner prescribed by the Review Panel, that the applicant: (i) understands that the primary purpose of the Board is to protect the public; (ii) is willing to take appropriate disciplinary action against his or her peers for misconduct or violations of the standards of care or practice of medicine; and (iii) is aware of the time commitment needed to be a constructive member of the Board.

(c)        The review panel Review Panel shall recommend at least two qualified nominees for each open position on the Board. If the Governor chooses not to appoint either of the recommended nominees, the Review Panel shall recommend at least two new qualified nominees.

(d)        Notice of open physician positions or the physician assistant or nurse practitioner position physician, physician assistant, or nurse practitioner positions on the Board shall be sent to all physicians currently licensed to practice medicine in North Carolina and all physician assistants and nurse practitioners currently licensed or approved to perform medical acts, tasks, and functions in this State.

(e)        Applicants for positions on the Board shall not be required to be members of any professional association or society, except as provided in G.S. 90‑2(a)(2)a."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 4^th day of August, 2015.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 1:35 p.m. this 11^th day of August, 2015