GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 484
Commerce Committee Substitute Adopted 4/4/01

Short Title:	Increase Pharmacy Board Membership.	()	
Sponsors:	     	
Referred to:	     	
March 15, 2001

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE MEMBERS OF THE NORTH CAROLINA BOARD OF PHARMACY FROM SIX TO NINE. 

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑85.6(b) reads as rewritten:
"(b)	Membership. – The Board shall consist of nine members, one of whom shall be a representative of the public, and the remainder of whom shall be pharmacists."
SECTION 2.  G.S. 90‑85.7 reads as rewritten:
"§ 90‑85.7.  Board of Pharmacy; selection; vacancies; commission; term; per diem; removal.
(a)	The Board of Pharmacy shall consist of nine persons. Eight of whom shall be licensed as pharmacists within this State. Five pharmacist members shall be chosen in an election held as hereinafter provided in which every person licensed to practice pharmacy in North Carolina and residing in North Carolina shall be entitled to vote. Each of the five pharmacists elected to the Board shall be elected for a term of five years and until his or her successor is elected and qualified. Members chosen by election under this section shall be elected upon the expiration of the respective terms of the members of the present Board of Pharmacy. No pharmacist shall be nominated for membership on said the Board, or shall be elected to membership on the Board, unless, at the time of the nomination, and at the time of the election, he or she is licensed to practice pharmacy in North Carolina. In case of death, resignation or removal from the State of any pharmacist member of the Board, the pharmacist members of the Board shall elect in his or her place a pharmacist who meets the criteria set forth in this section to fill the unexpired term.
The other four members shall be appointed and shall serve for a term of five years and until their successor is appointed and qualified. The Governor shall appoint the following two members: (i) a person who is not a pharmacist and who represents the interest of the public at large; (ii) a person who is a licensed pharmacist and an employee of an organization operating five or more community pharmacies in North Carolina. One member shall be appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate. One member shall be appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives. Each pharmacist shall be licensed to practice pharmacy in North Carolina at the time of the appointment. In appointing members, the appointing authorities shall consider the geographic, gender, and racial diversity of the State. 
 No member appointed or elected to a term on or after July 1, 1989, shall serve more than two complete consecutive five‑year terms. The Governor may remove any member appointed by him for good cause shown and may appoint persons to fill unexpired terms of members appointed by him.
It shall be the duty of a member of the Board of Pharmacy, within 10 days after receipt of notification of his appointment and commission, to appear before the clerk of the superior court of the county in which he resides and take and subscribe an oath to properly and faithfully discharge the duties of his office according to law.
(b)	All  elections of the elected pharmacist members of the Board shall be conducted by the Board of Pharmacy, which is hereby constituted a Board of Pharmacy Elections. Every pharmacist with a current North Carolina license residing in this State shall be eligible to vote in all elections. The list of pharmacists shall constitute the registration list for elections. The Board of Pharmacy Elections is authorized to make rules and regulations relative to the conduct of these elections, provided such rules and regulations are not in conflict with the provisions of this section and provided that notice shall be given to all pharmacists residing in North Carolina. All such rules and regulations shall be adopted subject to the procedures of Chapter 150B of the General Statutes of North Carolina. From any decision of the Board of Pharmacy Elections relative to the conduct of such elections, appeal may be taken to the courts in the manner otherwise provided by Chapter 150B of the General Statutes.
(c)	All rules, regulations, and bylaws of the North Carolina Board of Pharmacy so far as they are not inconsistent with the provisions of this Article, shall continue in effect.
(d)	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."
SECTION 3.  G.S. 90‑85.9 reads as rewritten:
"§ 90‑85.9.  Meetings.
The Board shall meet at least twice annually for the purpose of administering examinations and conducting other business. A majority of the Board members shall constitute a quorum. The Board shall keep a record of its proceedings, a register of all licensed persons, and a register of all persons to whom permits have been issued. The Board shall report, in writing, annually to the Governor and the presiding officer of each house of the General Assembly."
SECTION 4.  This act is effective when it becomes law.