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NORTH CAROLINA STATUTES AND CODES

§ 143B-216.66. North Carolina Brain Injury Advisory Council - membership; quorum; compensation.

§ 143B‑216.66.  NorthCarolina Brain Injury Advisory Council – membership; quorum; compensation.

(a)        The Council shallconsist of 23 voting and 10 ex officio nonvoting members, appointed as follows:

(1)        Three members by theGeneral Assembly, upon the recommendation of the President Pro Tempore of theSenate, as follows:

a.         A representative ofthe North Carolina Medical Society or other organization with interest in braininjury prevention or treatment.

b.         A nurse withexpertise in trauma, neurosurgery, neuropsychology, physical medicine andrehabilitation, or emergency medicine.

c.         One at‑largemember who shall be a veteran or family member of a veteran who has suffered abrain injury.

(2)        Three members by theGeneral Assembly, upon the recommendation of the Speaker of the House ofRepresentatives, as follows:

a.         One at‑largemember who may have experience as a school nurse or rehabilitation specialist.

b.         A representative ofthe North Carolina Hospital Association or other organization interested inbrain injury prevention or treatment.

c.         A physician withexpertise in trauma, neurosurgery, neuropsychology, physical medicine andrehabilitation, or emergency medicine.

(3)        Fourteen members bythe Governor, as follows:

a.         Three survivors ofbrain injury, one each representing the eastern, central, and western regionsof the State.

b.         Four family membersof persons with brain injury with consideration for geographic representation.

c.         A brain injuryservice provider in the private sector.

d.         The director of alocal management entity of mental health, developmental disabilities, andsubstance abuse services.

e.         The ExecutiveDirector, or designee thereof, of North Carolina Advocates for Justice.

f.          The ExecutiveDirector, or designee thereof, of the Brain Injury Association of NorthCarolina.

g.         The Chair of theBoard, or designee thereof, of the Brain Injury Association of North Carolina.

h.         The ExecutiveDirector, or designee thereof, of the North Carolina Protection and AdvocacySystem.

i.          One strokesurvivor, as recommended by the American Heart Association.

(4)        Nine ex officiomembers by the Secretary of Health and Human Services, as follows:

a.         One member from theDivision of Mental Health, Developmental Disabilities, and Substance AbuseServices.

b.         One member from theDivision of Vocational Rehabilitation.

c.         One member from theCouncil on Developmental Disabilities.

d.         One member from theDivision of Medical Assistance.

e.         Two members from theDivision of Health Service Regulation.

f.          One member from theDivision of Social Services.

g.         One member from theOffice of Emergency Medical Services.

h.         One member from theDivision of Public Health.

(5)        Two members by theSuperintendent of Public Instruction, one of whom is ex officio, nonvoting, andemployed with the Division of Exceptional Children.

(6)        One member by theCommissioner of Insurance, or the Commissioner's designee.

(7)        One member by theSecretary of Administration representing veterans affairs.

(b)        The terms of theinitial members of the Council shall commence October 1, 2003. In his initialappointments, the Governor shall designate four members who shall serve termsof four years, four members who shall serve terms of three years, and threemembers who shall serve terms of two years. After the initial appointees' termshave expired, all members shall be appointed for a term of four years. Nomember appointed by the Governor shall serve more than two successive terms.

Any appointment to fill avacancy on the Council created by the resignation, dismissal, death, ordisability of a member shall be for the balance of the unexpired term. Termsfor ex officio, nonvoting members do not expire.

(c)        The initial chairof the Council shall be designated by the Secretary of the Department of Healthand Human Services from the Council members. The chair shall hold this officefor not more than four years. Subsequent chairs will be elected by the Council.

(d)        The Council shallmeet quarterly and at other times at the call of the chair. A majority ofvoting members of the Council shall constitute a quorum.

(e)        Council membersshall be reimbursed for expenses incurred in the performance of their duties inaccordance with G.S. 138‑5 and G.S. 138‑6, as applicable.

(f)         The Secretary ofthe Department of Health and Human Services shall provide clerical and otherassistance as needed.  (2003‑114, s. 1; 2007‑182, s. 1; 2009‑361, s. 3.)

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