State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-85_7

§ 90‑85.7.  Boardof Pharmacy; selection; vacancies; commission; term; per diem; removal.

(a)        The Board of Pharmacy shall consist of six persons.  Five ofthe members shall be licensed as pharmacists within this State and shall beelected and commissioned by the Governor as hereinafter provided.  Pharmacistmembers shall be chosen in an election held as hereinafter provided in whichevery person licensed to practice pharmacy in North Carolina and residing inNorth Carolina shall be entitled to vote.  Each pharmacist member of said Boardshall be elected for a term of five years and until his successor shall beelected and shall qualify.  Members chosen by election under this section shallbe elected upon the expiration of the respective terms of the members of thepresent Board of Pharmacy.  No pharmacist shall be nominated for membership onsaid Board, or shall be elected to membership on said Board, unless, at thetime of such nomination, and at the time of such election, he is licensed topractice pharmacy in North Carolina.  In case of death, resignation or removalfrom the State of any pharmacist member of said Board, the pharmacist membersof the Board shall elect in his place a pharmacist who meets the criteria setforth in this section to fill the unexpired term.

One member of the Board shall be a person who is not a pharmacist andwho represents the interest of the public at large.  The Governor shall appointthis member.

All Board members serving on June 30, 1989, shall be eligible tocomplete their respective terms.  No member appointed or elected to a term onor after July 1, 1989, shall serve more than two complete consecutive five‑yearterms.  The Governor may remove any member appointed by him for good causeshown and may appoint persons to fill unexpired terms of members appointed byhim.

It shall be the duty of a member of the Board of Pharmacy, within 10days after receipt of notification of his appointment and commission, to appearbefore the clerk of the superior court of the county in which he resides andtake and subscribe an oath to properly and faithfully discharge the duties ofhis office according to law.

(b)        All nominations and elections of pharmacist members of theBoard shall be conducted by the Board of Pharmacy, which is hereby constituteda Board of Pharmacy Elections.  Every pharmacist with a current North Carolinalicense residing in this State shall be eligible to vote in all elections.  Thelist of pharmacists shall constitute the registration list for elections.  TheBoard of Pharmacy Elections is authorized to make rules and regulationsrelative to the conduct of these elections, provided such rules and regulationsare not in conflict with the provisions of this section and provided thatnotice shall be given to all pharmacists residing in North Carolina.  All suchrules and regulations shall be adopted subject to the procedures of Chapter150B of the General Statutes of North Carolina.  From any decision of the Boardof Pharmacy Elections relative to the conduct of such elections, appeal may betaken to the courts in the manner otherwise provided by Chapter 150B of theGeneral Statutes.

(c)        All rules, regulations, and bylaws of the North CarolinaBoard of Pharmacy so far as they are not inconsistent with the provisions ofthis Article, shall continue in effect.

(d)        Notwithstanding G.S. 93B‑5, Board members shallreceive as compensation for their services per diem not to exceed one hundreddollars ($100.00) for each day during which they are engaged in the officialbusiness of the Board. (1905, c. 108, ss. 5‑7; Rev., s. 4473; C.S., s. 6652; 1981, c.717, s. 1; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1983, c. 196, s. 4; 1989, c.118; 1989 (Reg. Sess., 1990), c. 825.)