A BILL TO BE ENTITLED
AN ACT to revise the north carolina board of dental examiners.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  The title of G.S. 90‑22 reads as rewritten:
"§ 90‑22.  Practice of dentistry regulated in public interest; Article liberally construed; Board of Dental Examiners; composition; qualifications and terms of members; vacancies; compensation; expenditures by Board."
SECTION 1.(b)  G.S. 90‑22(a) reads as rewritten:
"(a)	Purpose of the Practice of Dentistry. – The practice of dentistry in the State of North Carolina affects the public health, safety and welfare and is subject to regulation and control by the State in the public interest. It is a matter of public interest and concern that the dental profession merit and receive the confidence of the public and that only qualified persons be permitted to practice dentistry in the State of North Carolina. This Article shall be liberally construed to carry out these objects and purposes."
SECTION 1.(c)  G.S. 90‑22(b) reads as rewritten:
"(b)	Creation. – The North Carolina State Board of Dental Examiners previously created by Chapter 139, Public Laws 1879 and by Chapter 178, Public Laws 1915, is continued as the agency of the State for the regulation of the practice of dentistry in this State. It is a matter of public interest that State officials must possess and exercise power to review the acts of private parties and disapprove those that fail to accord with State policy. The potential for State supervision is not an adequate substitute for a decision by the State.
(b1)	Board of Dental Examiners. – The Board of Dental Examiners shall consist of 10 members, as follows:
(1)	Six dentists who are licensed to practice dentistry in North Carolina and have been actively engaged in the practice of dentistry in this State for at least five years immediately preceding their appointment.
(2)	Two dental hygienists who are licensed to practice dental hygiene in North Carolina and have been actively engaged in the practice of dentistry in this State for at least five years immediately preceding their appointment.
(3)	Two public consumer members, each of whom shall be a citizen and resident of North Carolina and who shall meet each of the following criteria:
a.	Not be licensed to practice dentistry, dental hygiene, or any other dental profession.
b.	Does not have any financial interest in the provision of dental service.
c.	Never has been licensed to practice dentistry or dental hygiene.
d.	Never has been registered, certified, or licensed by an occupational licensing agency in the health care field.
e.	Is not employed by or does not participate in the management of a business entity or other organization receiving funds from the Board.
f.	Does not use or receive a substantial amount of tangible goods, services, or money from the Board, other than compensation or reimbursement authorized by law for Board membership, attendance, or expenses.
g.	Not be affiliated with or employed by the Board or by any member on the Board.
h.	Is not a spouse of a dentist or dental hygienist.
(b2)	Limitation on Voting. – The dental hygienist or the consumer members cannot participate or vote in any matters of the Board which involves the issuance, renewal or revocation of the license to practice dentistry in the State of North Carolina. The consumer member cannot participate or vote in any matters of the Board which involve the issuance, renewal or revocation of the license to practice dental hygiene in the State of North Carolina.
(b3)	Terms. – Each member appointed to the Board shall serve for a term of three years. Each member may be reappointed for one additional consecutive term. No member shall serve more than two three‑year terms; however, a member shall serve until his or her successor shall be elected and shall qualify."
SECTION 1.(d)  Repeal of the Board of Dental Elections. – G.S. 90‑22(c) through (e) are repealed.
SECTION 1.(e)  Article 2 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑22A.  Appointment of Board members; vacancies; compensation; terms.
(a)	Appointment of Board Members. – The Board of Dental Examiners shall be appointed as follows:
(1)	Four members shall be appointed by the Governor as follows:
a.	Two dentists that meet the requirements of G.S. 90‑22(b1)(1).
b.	One dental hygienist who meets the requirements of G.S. 90‑22(b1)(2).
c.	One public consumer member who meets the requirements of G.S. 90‑22(b1)(3).
(2)	Four members shall be appointed by the General Assembly as follows:
a.	Two dentists that meet the requirements of G.S. 90‑22(b1)(1) by recommendation of the Speaker of the House of Representatives.
b.	Two dentists that meet the requirements of G.S. 90‑22(b1)(1) by recommendation of the President Pro Tempore of the Senate.
(3)	Two members shall be appointed by the Commissioner of Labor as follows:
a.	One dental hygienist that meets the requirements of G.S. 90‑22(b1)(2) shall be appointed by the Commissioner of Labor.
b.	One public consumer member who meets the requirements of G.S. 90‑22(b1)(3).
(b)	Vacancies; Removal. – A vacancy shall be filled in the same manner as the original appointment, except that all unexpired terms of Board members appointed by the General Assembly shall be filled in accordance with G.S. 120‑122. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified, not to exceed 60 days. The appointing authority shall have the power to remove their respective Board member for neglect of duty, incompetence, or unprofessional conduct.
(c)	Compensation. – Each member of the Board shall receive per diem and reimbursement for travel and subsistence as provided in G.S. 93B‑5.
(d)	Officers. – The officers of the Board shall be a chair, who shall be a licensed dentist, a vice‑chair, and other officers deemed necessary by the Board to carry out the purposes of this Article. All officers shall be elected annually by the Board for one‑year terms and shall serve until their successors are elected and qualified."
SECTION 1.(f)  G.S. 90‑43 reads as rewritten:
"§ 90‑43.  Expenses of Board.

The Board is authorized and empowered to expend from funds collected hereunder such additional sum or sums as it may determine necessary in the administration and enforcement of this Article, and employ such personnel as it may deem requisite to assist in carrying out the administrative functions required by this Article and by the Board."
SECTION 2.  Transition of Board Members. – Notwithstanding G.S. 90‑22, as amended by this act, and G.S. 90‑22A, as enacted by this act, the current members of the North Carolina Board of Dental Examiners (Board) shall each finish their current respective terms on the Board. Prior to the expiration or termination of each member's current term, the new member for that seat shall be appointed pursuant to G.S. 90‑22 and G.S. 90‑22A, as set forth in this act. The Governor shall appoint the dental hygienist and each public consumer seat as each becomes eligible for appointment in accordance with G.S. 90‑22 and G.S. 90‑22A, as set forth in this act. The licensed dentist seats that become eligible for appointment after this act becomes law shall be appointed for three‑year terms in the following order:
(1)	The first two seats: the Governor shall appoint two licensed dentists in accordance with G.S. 90‑22A(a)(1).
(2)	The third and fifth seats: the Speaker of the House of Representatives shall appoint two licensed dentists in accordance with G.S. 90‑22A(a)(2)a.
(3)	The fourth and sixth seats: the President Pro Tempore of the Senate shall appoint two licensed dentists in accordance with G.S. 90‑22A(a)(2)b.
The licensed dental hygienist seats that become eligible for appointment after this act becomes law shall be appointed for three‑year terms in the following order:
(1)	The first seat: the Commissioner of Labor shall appoint one licensed dental hygienist in accordance with G.S. 90‑22A(a)(3)a.
(2)	The second seat: the Governor shall appoint one licensed dental hygienist in accordance with G.S. 90‑22A(a)(1)b.
The public consumer member seats that become eligible for appointment after this act becomes law shall be appointed for three‑year terms in the following order:
(1)	The first seat: the Governor shall appoint one public consumer member in accordance with G.S. 90‑22A(a)(1)c.
(2)	The second seat: the Commissioner of Labor shall appoint one public consumer member in accordance with G.S. 90‑22A(a)(3)b.
SECTION 3.  The North Carolina Board of Dental Examiners shall adopt temporary rules to implement the provisions of this act and shall adopt permanent rules to replace the temporary rules. Those temporary rules shall remain in effect until permanent rules that replace those rules become effective.
SECTION 4.  This act is effective when it becomes law.