§ 90-171.21. Board of Nursing; composition; selection; vacancies; qualifications; term of office; compensation. - North Carolina Statutes

§ 90‑171.21.  Board ofNursing; composition; selection; vacancies; qualifications; term of office;compensation.

(a)        The Board shallconsist of 14 members. Eight members shall be registered nurses. Three membersshall be licensed practical nurses. Three members shall be representatives ofthe public.

(b)        Selection. – TheNorth Carolina Board of Nursing shall conduct an election each year to fillvacancies of nurse members of the Board scheduled to occur during the nextyear. Nominations of candidates for election of registered nurse members shallbe made by written petition signed by not less than 10 registered nurseseligible to vote in the election. Nominations of candidates for election oflicensed practical nurse members shall be made by written petition signed bynot less than 10 licensed practical nurses eligible to vote in the election.Every licensed registered nurse holding an active license shall be eligible tovote in the election of registered nurse board members. Every licensedpractical nurse holding an active license shall be eligible to vote in theelection of licensed practical nurse board members. The list of nominationsshall be filed with the Board after January 1 of the year in which the electionis to be held and no later than midnight of the first day of April of suchyear. Before preparing ballots, the Board shall notify each person who has beenduly nominated of the person's nomination and request permission to enter theperson's name on the ballot. A member of the Board who is nominated forreelection and who does not withdraw the member's name from the ballot isdisqualified to participate in conducting the election. Elected members shallbegin their term of office on January 1 of the year following their election.

Nominations of persons toserve as public members of the Board may be made to the Governor or the GeneralAssembly by any citizen or group within the State. The Governor shall appointone public member to the Board, and the General Assembly shall appoint twopublic members to the Board. Of the public members appointed by the GeneralAssembly, one shall be appointed by the General Assembly upon therecommendation of the President Pro Tempore of the Senate, and one shall beappointed by the General Assembly upon the recommendation of the Speaker of theHouse of Representatives.

Board members shall becommissioned by the Governor upon their election or appointment.

(c)        Vacancies. – Allunexpired terms of Board members appointed by the General Assembly shall befilled within 45 days after the term is vacated. The Governor shall fill allother unexpired terms on the Board within 30 days after the term is vacated.For vacancies of registered nurse or licensed practical nurse members, theGovernor shall appoint the person who received the next highest number of votesto those elected members at the most recent election for board members.Appointees shall serve the remainder of the unexpired term and until theirsuccessors have been duly elected or appointed and qualified.

(d)        Qualifications. – Ofthe eight registered nurse members on the Board, one shall be a nurseadministrator employed by a hospital or a hospital system, who shall beaccountable for the administration of nursing services and not directlyinvolved in patient care; one shall be an individual who meets the requirementsto practice as a certified registered nurse anesthetist, a certified nursemidwife, a clinical nurse specialist, or a nurse practitioner; two shall bestaff nurses, defined as individuals who are primarily involved in directpatient care regardless of practice setting; one shall be an at‑largeregistered nurse who meets the requirements of sub‑subdivisions (1) a.,a1., and b. of this subsection, but is not currently an educator in a programleading to licensure or any other degree‑granting program; and threeshall be nurse educators. Minimum ongoing employment requirements for everyregistered nurse and licensed practical nurse shall include continuousemployment equal to or greater than fifty percent (50%) of a full‑timeposition that meets the criteria for the specified Board member position. Ofthe three nurse educators, one shall be a practical nurse educator, one shallbe an associate degree or diploma nurse educator, and one shall be abaccalaureate or higher degree nurse educator. All nurse educators shall meetthe minimum education requirement as established by the Board's educationprogram standards for nurse faculty. Candidates eligible for election to theBoard as nurse educators are not eligible for election as the at‑largemember.

(1)        Except for the at‑largemember, every registered nurse member shall meet the following criteria:

a.         Hold a current,unencumbered license to practice as a registered nurse in North Carolina.

a1.       Be a resident ofNorth Carolina.

b.         Have a minimum offive years of experience as a registered nurse.

c.         Have been engagedcontinuously in a position that meets the criteria for the specified Boardposition for at least three years immediately preceding election.

d.         Show evidence thatthe employer of the registered nurse is aware that the nurse intends to serveon the Board.

(2)        Every licensedpractical nurse member shall meet the following criteria:

a.         Hold a current,unencumbered license to practice as a licensed practical nurse in NorthCarolina.

a1.       Be a resident ofNorth Carolina.

c.         Have a minimum offive years of experience as a licensed practical nurse.

d.         Have been engagedcontinuously in the position of a licensed practical nurse for at least threeyears immediately preceding election.

e.         Show evidence thatthe employer of the licensed practical nurse is aware that the nurse intends toserve on the Board.

(3)        A public memberappointed by the Governor shall not be a provider of health services oremployed in the health services field. No public member appointed by theGovernor or person in the public member's immediate family as defined by G.S.90‑405(8) shall be currently employed as a licensed nurse or beenpreviously employed as a licensed nurse.

(4)        The nursepractitioner, nurse anesthetist, nurse midwife, or clinical nurse specialistmember shall be recognized by the Board as a registered nurse who meets thefollowing criteria:

a.         Has graduated fromor completed a graduate level advanced practice nursing education programaccredited by a national accrediting body.

b.         Maintains currentcertification or recertification from a national credentialing body approved bythe Board or meets other requirements established by rules adopted by theBoard.

c.         Practices in amanner consistent with rules adopted by the Board and other applicable law.

(e)        Term. – Members ofthe Board shall serve four‑year staggered terms. No member shall servemore than two consecutive four‑year terms or eight consecutive yearsafter January 1, 2005.

(f)         Removal. – TheBoard may remove any of its members for neglect of duty, incompetence, orunprofessional conduct. A member subject to disciplinary proceedings shall bedisqualified from Board business until the charges are resolved.

(g)        Reimbursement. –Board members are entitled to receive compensation and reimbursement asauthorized by G.S. 93B‑5. (1981, c. 360, s. 1; c. 852, s. 1; 1987, c. 651, s. 2;1991, c. 643, s. 1; 1991 (Reg. Sess., 1992), c. 1011, s. 3; 1997‑456, s.27; 2001‑98, s. 2; 2003‑146, s. 1; 2004‑199, s. 26(a); 2006‑264,s. 47.)