§ 90-270.68. Establishment of Board, terms, vacancies, removal, meetings, compensation. - North Carolina Statutes

§ 90‑270.68.  Establishment of Board, terms,vacancies, removal, meetings, compensation.

(a)        Establishment of Board. – The North Carolina Board ofOccupational Therapy is created. The Board shall consist of seven members whoare appointed by the Governor and are residents of this State at the time ofand during their appointment, as follows:

(1)        Three members shall be occupational therapists and onemember shall be an occupational therapy assistant. Each of these members shallbe licensed to practice in North Carolina and have practiced, taught, orengaged in research in occupational therapy for at least three of the fiveyears immediately preceding appointment to the Board.

(2)        One member shall be a physician in good standing with theNorth Carolina Medical Board and licensed by and registered with the NorthCarolina Medical Board to practice medicine in this State.

(3)        One member shall represent the public at large and shall bea person who is not a health care provider licensed under this Chapter or thespouse of a licensed health care provider.

(4)        One member shall be a counselor, educator, or school‑basedprofessional certified or licensed under North Carolina law who is employed inthe North Carolina public school system and is not an occupational therapist oran occupational therapy assistant.

The occupational therapist members and the occupational therapyassistant member shall be nominated by the North Carolina Occupational TherapyAssociation, Inc., following the use of a procedure made available to alloccupational therapists and occupational therapy assistants licensed andresiding in North Carolina. In soliciting nominations and compiling its list,the Association shall give consideration to geographic distribution, clinicalspecialty, and other factors that will promote representation of all aspects ofoccupational therapy practice. The records of the nomination procedures shallbe filed with the Board and made available for a period of six months followingnomination for reasonable inspection by any licensed practitioner ofoccupational therapy.

The physician member shall be nominated by the North CarolinaOccupational Therapy Association, Inc., after consultation with the NorthCarolina Medical Society. The counselor, educator, or school‑based professionalmember shall be nominated by the North Carolina Occupational TherapyAssociation, Inc., after consultation with the North Carolina School CounselorsAssociation.

(b)        Terms. – Members of the Board shall serve four‑yearstaggered terms. No member shall serve more than two consecutive four‑yearterms, unless a member is appointed to fill a vacancy for an unexpired term,then that member may complete the unexpired term and serve one additional four‑yearterm.

(c)        Vacancies. – In the event a member of the Board cannotcomplete a term of office, the vacancy shall be filled by appointment by theGovernor, in accordance with the procedures set forth in this section, for theremainder of the unexpired term. Vacancies shall be filled by the Governorwithin 45 days of receipt of the nominations from the North CarolinaOccupational Therapy Association, Inc., or, in the case of public members,within 45 days of the receipt of notice of vacancy.

(d)        Removal. – The Board may remove any of its members forneglect of duty, incompetence, or unprofessional conduct. A member subject todisciplinary proceedings shall be disqualified from participating in Boardbusiness until the charges are resolved.

(e)        Meetings. – Each year the Board shall meet and designate achairperson, a vice‑chairperson, and a secretary‑treasurer fromamong its members. The Board may hold additional meetings upon call of thechairperson or any two board members. A majority of the Board membership shallconstitute a quorum.

(f)         Compensation. – Members of the Board shall receive nocompensation for their services, but shall be entitled to travel, per diem, andother expenses authorized by G.S. 93B‑5. (1983 (Reg. Sess., 1984), c. 1073, s. 1; 1989, c. 256, s. 2; 2005‑432,s. 3.)