State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-116

§ 90‑116.  Board ofExaminers in Optometry.

In order to properly regulate the practice of optometry, there isestablished a North Carolina State Board of Examiners in Optometry, which shallconsist of five regularly graduated optometrists who have been engaged in thepractice of optometry in this State for at least five years and two members torepresent the public at large.

No public member shall at any time be a health care provider, berelated to or be the spouse of a health care provider, or have any pecuniaryinterest in the profitability of a health care provider. For purposes of thissection, the term "health care provider" shall have the same meaningas provided in G.S. 58‑47‑5(4). The Governor shall appoint the twopublic members not later than July 1, 1981.

The optometric members of the Board shall be appointed by the Governorfrom a list provided by the North Carolina State Optometric Society. For eachvacancy, the society must submit at least three names to the Governor. Thesociety shall establish procedures for the nomination and election ofoptometrist members of the Board. These procedures shall be adopted under therule‑making procedures described in Article 2A, Chapter 150B of theGeneral Statutes, and notice of the proposed procedures shall be given to alllicensed optometrists residing in North Carolina. Such procedures shall notconflict with the provisions of this section. Every optometrist with a currentNorth Carolina license residing in the State shall be eligible to vote in allsuch elections, and the list of licensed optometrists shall constitute theregistration list for elections. Any decision of the society relative to theconduct of such elections may be challenged by civil action in the Wake CountySuperior Court. A challenge must be filed not later than 30 days after thesociety has rendered the decision in controversy, and all such cases shall beheard de novo.

All Board members serving on June 30, 1981, shall be eligible tocomplete their respective terms. No member appointed to a term on or after July1, 1981, shall serve more than two complete consecutive five‑year terms,except that each member shall serve until his successor is chosen andqualifies.

The Governor may remove any member for good cause shown. Any vacancy inthe optometrist membership of the Board shall be filled for the period of theunexpired term by the Governor from a list of at least three names submitted bythe North Carolina State Optometric Society Executive Council. Any vacancy inthe public membership of the Board shall be filled by the Governor for theunexpired term. (1909, c. 444, s.3; 1915, c. 21, s. 1; C.S., s. 6689; 1935, c. 63; 1981, c. 496, s. 1; 1987, c.827, s. 1; 2000‑189, s. 5.)