90-2. Medical Board.
(a) There is established the North Carolina Medical Board to regulate the practice of medicine and surgery for the benefit and protection of the people of North Carolina. The Board shall consist of 13 members:
(1) Six of the members shall be duly licensed physicians recommended by the Review Panel and appointed by the Governor as set forth in G.S. 90-3.
(2) Five members shall all be appointed by the Governor as follows:
a. One shall be a member of The Old North State Medical Society. This Board position shall be subject to recommendations of the Review Panel pursuant to G.S. 90-3.
b. One shall be a public member, and this Board position shall not be subject to recommendation of the Review Panel pursuant to G.S. 90-3.
c. One shall be a physician assistant as defined in G.S. 90-18.1 as recommended by the Review Panel pursuant to G.S. 90-3.
d. One shall be a nurse practitioner as defined in G.S. 90-18.2 as recommended by the Review Panel pursuant to G.S. 90-3.
e. One shall be a duly licensed physician who is a doctor of osteopathic medicine or a full-time faculty member of one of the medical schools in North Carolina who utilizes integrative medicine in that person's clinical practice, as recommended by the Review Panel pursuant to G.S. 90-3.
(3) Two public members appointed by the General Assembly in accordance with G.S. 120-121, one upon recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate.
(a1) Each appointing and nominating authority shall endeavor to see, insofar as possible, that its appointees and nominees to the Board reflect the composition of the State with regard to gender, ethnic, racial, and age composition.
(b) No member shall serve more than two complete three-year terms in a lifetime, except that each member shall serve until a successor is chosen and qualifies.
(b1) A public member appointed pursuant to sub-subdivision (a)(2)b. and subdivision (a)(3) of this section shall not be a health care provider nor the spouse of a health care provider. For the purpose of Board membership, "health care provider" means any licensed health care professional, agent, or employee of a health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this section, a person enrolled in a program as preparation to be a licensed health care professional or an allied health professional shall be deemed a health care provider. For purposes of this section, any person with significant financial interest in a health service or profession is not a public member.
(c) Repealed by Session Laws 2003-366, s. 1, effective October 1, 2003.
(d) Any member of the Board may be removed from office by the Governor for good cause shown. Any vacancy in the physician, physician assistant, or nurse practitioner membership of the Board shall be filled for the period of the unexpired term by the Governor from a list submitted by the Review Panel pursuant to G.S. 90-3. Any vacancy in the public membership of the Board shall be filled by the appropriate appointing authority for the unexpired term.
(e) The North Carolina Medical Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as any private person or corporation, subject only to approval of the Governor and the Council of State as to the acquisition, rental, encumbering, leasing, and sale of real property. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board. (1858-9, c. 258, ss. 3, 4; Code, s. 3123; Rev., s. 4492; C.S., s. 6606; Ex. Sess. 1921, c. 44, s. 1; 1981, c. 573, s. 2; 1991 (Reg. Sess., 1992), c. 787, s. 1; 1993, c. 241, s. 2; 1995, c. 94, s. 1; c. 405, s. 1; 1997-511, s. 1; 2003-366, s. 1; 2007-346, s. 2; 2015-213, s. 1; 2016-117, s. 2(a); 2017-206, s. 5(a); 2018-92, s. 2(a); 2019-191, ss. 2(a), 2(b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 1 - Practice of Medicine.
§ 90-1 - North Carolina Medical Society incorporated.
§ 90-3 - Review Panel recommends certain Board members; criteria for recommendations.
§ 90-4 - Board elects officers; quorum.
§ 90-5.1 - Powers and duties of the Board.
§ 90-5.2 - Board to collect and publish certain data.
§ 90-5.3 - Reporting and publication of medical judgments, awards, payments, and settlements.
§ 90-8 - Officers may administer oaths, and subpoena witnesses, records and other materials.
§ 90-8.1 - Rules governing applicants for licensure.
§ 90-8.2 - Appointment of subcommittees.
§ 90-9.1 - Requirements for licensure as a physician under this Article.
§ 90-9.2 - Requirements for graduates of international medical schools.
§ 90-9.3 - Requirements for licensure as a physician assistant.
§ 90-9.4 - Requirements for licensure as an anesthesiologist assistant.
§ 90-10.1 - Examinations accepted by the Board.
§ 90-11 - Criminal background checks.
§ 90-12.01 - Limited license to practice in a medical education and training program.
§ 90-12.1 - Recodified as G.S90-12.4, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.1A - Limited volunteer license.
§ 90-12.1B - Retired limited volunteer license.
§ 90-12.2 - Recodified as G.S90-12.5, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-12.2A - Special purpose license.
§ 90-12.3 - Medical school faculty license.
§ 90-12.4 - Physician assistant limited volunteer license.
§ 90-12.4B - Physician Assistant retired limited volunteer license.
§ 90-12.5 - Disasters and emergencies.
§ 90-12.7 - Treatment of overdose with opioid antagonist; immunity.
§ 90-13.2 - Registration every year with Board.
§ 90-13.3 - Salaries, fees, expenses of the Board.
§ 90-14 - Disciplinary Authority.
§ 90-14.1 - Judicial review of Board's decision denying issuance of a license.
§ 90-14.2 - Hearing before disciplinary action.
§ 90-14.3 - Service of notices.
§ 90-14.5 - Use of recommended decisions; appointment of hearing officers.
§ 90-14.6 - Evidence admissible.
§ 90-14.7 - Procedure where person fails to request or appear for hearing.
§ 90-14.8 - Appeal from Board's decision taking disciplinary action on a license.
§ 90-14.9 - Appeal bond; stay of Board order.
§ 90-14.11 - Appeal; appeal bond.
§ 90-15 - Recodified as G.S90-13.1, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-15.1 - Recodified as G.S90-13.2, by Session Laws 2007-346, s7, effective October 1, 2007.
§ 90-18 - Practicing without license; penalties.
§ 90-18.1 - Limitations on physician assistants.
§ 90-18.2 - Limitations on nurse practitioners.
§ 90-18.3 - Medical or physical examination by nurse practitioners and physician assistants.
§ 90-18.4 - Limitations on clinical pharmacist practitioners.
§ 90-18.5 - Limitations on anesthesiologist assistants.
§ 90-18.6 - Requirements for certain nicotine replacement therapy programs.