State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-148

§ 143B‑148.  Commissionfor Mental Health, Developmental Disabilities, and Substance Abuse Services – members;selection; quorum; compensation.

(a)        The Commission forMental Health, Developmental Disabilities, and Substance Abuse Services of theDepartment of Health and Human Services shall consist of 32 members, asfollows:

(1)        Eight shall beappointed by the General Assembly, four upon the recommendation of the Speakerof the House of Representatives, and four upon the recommendation of thePresident Pro Tempore of the Senate in accordance with G.S. 120‑121. Inrecommending appointments under this section, the Speaker of the House ofRepresentatives and the President Pro Tempore of the Senate shall giveconsideration to ensuring a balance of appointments that represent those whomay have knowledge and expertise in adult issues and those who may haveknowledge and expertise in children's issues. Of the four appointmentsrecommended by the President Pro Tempore of the Senate, one shall be anattorney licensed in this State with preference given to an attorney withexperience in the practice of administrative law, one shall be a physicianlicensed to practice medicine in North Carolina, with preference given to apsychiatrist, and two shall be members of the public. Of the four appointmentsrecommended by the Speaker of the House of Representatives, one shall be anattorney licensed in this State with preference given to an attorney withexperience in the practice of mental health law, one shall be a physician licensedto practice medicine in North Carolina who has expertise and experience in thefield of developmental disabilities, or a professional holding a Ph.D. withexperience in the field of developmental disabilities, and two shall be membersof the public. Vacancies in appointments made by the General Assembly shall befilled in accordance with G.S. 120‑122.

(2)        Twenty‑fourshall be appointed by the Governor, one from each congressional district in theState in accordance with G.S. 147‑12(3)b, and the remainder at‑largemembers.

TheGovernor's appointees shall represent the following categories of appointment:

a.         Three professionalslicensed or certified under Chapter 90 or Chapter 90B of the General Statuteswho are practicing, teaching, or conducting research in the field of mentalhealth.

b.         Four consumers orimmediate family members of consumers of mental health services. Of these four,at least one shall be a consumer and at least one shall be an immediate familymember of a consumer. No more than two of the consumers or immediate familymembers shall be selected from nominations submitted by the Coalition 2001 orits successor organization.

c.         Two professionalslicensed or certified under Chapter 90 or Chapter 90B of the General Statuteswho are practicing, teaching, or conducting research in the field ofdevelopmental disabilities, and one individual who is a "qualifiedprofessional" as that term is defined in G.S. 122C‑3(31) who hasexperience in the field of developmental disabilities.

d.         Four consumers orimmediate family members of consumers of developmental disabilities services.Of these four, at least one shall be a consumer and at least one shall be animmediate family member of a consumer. No more than two of the consumers orimmediate family members shall be selected from nominations submitted by theCoalition 2001 or its successor organization.

e.         Two professionalslicensed or certified under Chapter 90 of the General Statutes who arepracticing, teaching, or conducting research in the field of substance abuse,and one professional who is a certified prevention specialist or whospecializes in the area of addiction education.

f.          An individualknowledgeable and experienced in the field of controlled substances regulationand enforcement. The controlled substances appointee shall be selected fromrecommendations made by the Attorney General of North Carolina.

g.         A physician licensedto practice medicine in North Carolina who has expertise and experience in thefield of substance abuse with preference given to a physician that is certifiedby the American Society of Addiction Medicine (ASAM).

h.         Four consumers orimmediate family members of consumers of substance abuse services. Of thesefour, at least one shall be a consumer and at least one shall be an immediatefamily member of a consumer. No more than two of the consumers or immediatefamily members shall be selected from nominations submitted by the Coalition2001 or its successor organization.

i.          An attorneylicensed in this State. The appointments of professionals licensed or certifiedunder Chapter 90 or Chapter 90B of the General Statutes made in accordance withthis subdivision, and physicians appointed in accordance with subdivision (1)of this subsection shall be selected from nominations submitted to theappointing authority by the respective professional associations.

(2a)      The terms of allCommission members shall be three years. All Commission members shall servetheir designated terms and until their successors are duly appointed and qualified.All Commission members may succeed themselves. A member appointed on and afterJuly 1, 2002, shall not serve more than two consecutive terms.

(3)        All appointmentsshall be made pursuant to current federal rules and regulations, when notinconsistent with State law, which prescribe the selection process anddemographic characteristics as a necessary condition to the receipt of federalaid.

(b)        Except as otherwiseprovided in this section, the provisions of G.S. 143B‑13 through 143B‑20relating to appointment, qualifications, terms and removal of members shallapply to all members of the Commission for Mental Health, DevelopmentalDisabilities, and Substance Abuse Services.

(c)        Commission membersshall receive per diem, travel and subsistence allowances in accordance withG.S. 138‑5 and G.S. 138‑6, as appropriate.

(d)        A majority of theCommission shall constitute a quorum for the transaction of business.

(e)        All clerical andother services required by the Commission shall be supplied by the Secretary ofthe Department of Health and Human Services. To ensure effective and efficientcoordination of rules and policies adopted by the Commission and the Secretary,the Secretary shall assign an individual who is knowledgeable about andexperienced in the rule‑making processes of the Commission and theSecretary and in the fields of mental health, developmental disabilities, andsubstance abuse to assist the Commission in carrying out its duties andresponsibilities. (1973,c. 476, s. 130; 1977, c. 679, s. 2; 1981, c. 51, s. 1; 1981 (Reg. Sess., 1982),c. 1191, ss. 55.1 through 57; 1989, c. 625, s. 23; 1991 (Reg. Sess., 1992), c.1038, s. 17; 1995, c. 490, s. 34; 1997‑443, s. 11A.118(a); 2001‑437,s. 1.21(b); 2001‑486, s. 2.13; 2001‑487, s. 90.5; 2002‑61, s.1; 2007‑504, s. 2.5(a).)