GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1038

Short Title:  Pharmacy Board Changes.	(Public)

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Sponsors: Representative Nichols.

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Referred to:  Rules, Calendar and Operations of the House.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO ELIMINATE STATEWIDE VOTING TO ELECT MEMBERS OF THE BOARD OF PHARMACY AND TO ALLOW THE GENERAL ASSEMBLY TO APPOINT MEMBERS TO THE BOARD.
The General Assembly of North Carolina enacts:
Section 1. G.S. 90-85.6 reads as rewritten:
"§ 90-85.6. Board's powers and duties.
	The responsibility for enforcing the provisions of this Article and the laws pertaining to the distribution and use of drugs is vested in the Board. The Board shall adopt reasonable rules for the performance of its duties. The Board shall have all of the duties, powers, and authorities specifically granted by and necessary for the enforcement of this Article, as well as any other duties, powers, and authorities that may be granted from time to time by other appropriate statutes.
		.”
Section 2. G.S. 90-85.7 reads as rewritten:
"§ 90-85.7.  Board of Pharmacy composition; qualifications; vacancies; removal; per diem; immunity.
(a)	Composition. – The Board shall have six members as follows:
(1)	The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint two members.  One of the members shall be an independent pharmacist and one shall be a multioutlet retail pharmacist.
(2)	The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint two members.  One of the members shall be a hospital pharmacist and one shall be associated with a managed care organization.
(3)	The Governor shall appoint two public members.
Members of the Board shall take office May 1 following the expired term of that seat and shall serve for a term of five years or until their successors have been appointed and qualified.  No member may serve more than two complete consecutive terms.
(b)	Qualifications. – All members of the Board shall be residents of this State at the time of appointment and at all times during their term on the Board.  Pharmacist members shall hold a current license to practice pharmacy in this State.  A public member shall not be a health care provider or the spouse of a health care provider, and shall not be enrolled in a program to prepare himself or herself to be a health care provider.
(c)	Vacancies. – Vacancies shall be filled in the same manner as the original appointment, except that all unexpired terms in seats appointed by the General Assembly shall be filled in accordance with G.S. 120-122.  Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
(d)	Removal. – The Governor may remove any Board member for neglect of duty, incompetence, or unprofessional conduct.  A member subject to disciplinary proceedings as a licensee shall be disqualified from participating in the official business of the Board until the charges have been resolved.
(e)	Per diem. – Notwithstanding G.S. 93B-5, Board members shall receive as compensation for their services per diem not to exceed one hundred dollars ($100.00) for each day during which they are engaged in the official business of the Board.
(f)	Immunity from suit. – Individual Board members shall be immune from civil liability arising from activities performed within the scope of their official duties.
				."
Section 3. Members serving on the North Carolina Board of Pharmacy (Board) on the effective date of this act may complete the terms for which they were elected or appointed. When the term of a member is completed on April 30, 2000, the General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall, pursuant to G.S. 90-85.7A, as enacted in Section 1 of this act, appoint an independent pharmacist to the Board.  When the term of a member is completed on April 30, 2000, the General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall, pursuant to G.S. 90-85.7A, as enacted in Section 1 of this act, appoint a multioutlet retail pharmacist to the Board.  When the term of a member is  completed on April 30, 2000, and the term of a member is completed on April 30, 2001, the Governor shall, pursuant to G.S. 90-85.7A, as enacted in Section 1 of this act, appoint a public member to the Board.  When the term of a member is completed on April 30, 2002, the General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall, pursuant to G.S. 90-85.7A, as enacted in Section 1 of this act, appoint a hospital pharmacist to the Board.  When the term of a member is completed on April 30, 2002, the General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall, pursuant to G.S. 90-85.7A, as enacted in Section 1 of this act, appoint a pharmacist who is associated with a managed care organization to the Board.
Section 4. The rules of the Board of Pharmacy in effect on the effective date of this act shall continue in effect if they are not inconsistent with the provisions of this act.
Section 5. This act is effective when it becomes law, and applies to terms beginning on or after April 30, 2000.