State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-3

§ 90‑3.  Review Panelrecommends certain Board members; criteria for recommendations.

(a)        There is created aReview Panel to review all applicants for the physician positions and thephysician assistant or nurse practitioner position on the Board except asprovided in G.S. 90‑2(a)(2)a. The Review Panel shall consist of ninemembers, including four from the Medical Society, one from the Old North StateMedical Society, one from the North Carolina Osteopathic Medical Association,one from the North Carolina Academy of Physician Assistants, one from the NorthCarolina Nurses Association Council of Nurse Practitioners, and one publicmember currently serving on the Board. All physicians, physician assistants,and nurse practitioners serving on the Review Panel shall be activelypracticing in North Carolina.

The Review Panel shallcontract for the independent administrative services needed to complete itsfunctions and duties. The Board shall provide funds to pay the reasonable costfor the administrative services of the Review Panel. The Board shall convenethe 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 appointBoard members as provided in G.S. 90‑2. The Review Panel shall attempt tomake its recommendations to the Governor reflect the composition of the Statewith regard to gender, ethnic, racial, and age composition.

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

(b)        To be consideredqualified for a physician position or the physician assistant or nursepractitioner position on the Board, an applicant shall meet each of thefollowing criteria:

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

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

(3)        Have activelypracticed in this State for at least five consecutive years immediatelypreceding the appointment.

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

(5)        Submit at leastthree letters of recommendation, either from individuals or from professionalor other societies or organizations.

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

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

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

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

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

(d)        Notice of openphysician positions or the physician assistant or nurse practitioner positionon the Board shall be sent to all physicians currently licensed to practicemedicine in North Carolina and all physician assistants and nurse practitionerscurrently licensed or approved to perform medical acts, tasks, and functions inthis State.

(e)        Applicants forpositions on the Board shall not be required to be members of any professionalassociation or society, except as provided in G.S. 90‑2(a)(2)a. (1858‑9, c. 258, s. 9;Code, s. 3126; Rev., s. 4493; C.S., s. 6607; 1981, c. 573, s. 3; 2007‑346,s. 4.)