GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 736
Committee Substitute Reported Without Prejudice 4/20/99

Short Title:  Optometry Licensing Law Technical Changes.	(Local)

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Sponsors:

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Referred to: 

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March 30, 1999

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CHANGES TO THE OPTOMETRY LICENSING LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-115.1(5) is repealed.
Section 2.  G.S. 90-116 reads as rewritten:
"§ 90-116.  Board of Examiners in Optometry.
In order to properly regulate the practice of optometry, there is established a North Carolina State Board of Examiners in Optometry, which shall consist of five regularly graduated optometrists who have been engaged in the practice of optometry in this State for at least five years and two members to represent the public at large.
No public member shall at any time be a health care provider, be related to or be the spouse of a health care provider, or have any pecuniary interest in the profitability of a health care provider. For purposes of this section, the term "health care provider"means any (i) licensed health care professional and any agent or employee of any health care institution, health care insurer, health care professional school, or a member of any allied health profession or (ii) any person enrolled in a program in preparation for licensing as a health care provider or allied health professional.  The Governor shall appoint the two public members not later than July 1, 1981.
The optometric members of the Board shall be appointed by the Governor from a list provided by the North Carolina State Optometric Society. For each vacancy, the society must submit at least three names to the Governor. The society shall establish procedures for the nomination and election of optometrist members of the Board. These procedures shall be adopted under the rule-making procedures described in Article 2, Chapter 150B of the General Statutes, and notice of the proposed procedures shall be given to all licensed optometrists residing in North Carolina. Such procedures shall not conflict with the provisions of this section. Every optometrist with a current North Carolina license residing in the State shall be eligible to vote in all such elections, and the list of licensed optometrists shall constitute the registration list for elections. Any decision of the society relative to the conduct of such elections may be challenged by civil action in the Wake County Superior Court. A challenge must be filed not later than 30 days after the society has rendered the decision in controversy, and all such cases shall be heard de novo.
All Board members serving on June 30, 1981, shall be eligible to complete their respective terms. No member appointed to a term on or after July 1, 1981, shall serve more than two complete consecutive five-year terms, except that each member shall serve until his successor is chosen and qualifies.
The Governor may remove any member for good cause shown. Any vacancy in the optometrist membership of the Board shall be filled for the period of the unexpired term by the Governor from a list of at least three names submitted by the North Carolina State Optometric Society Executive Council. Any vacancy in the public membership of the Board shall be filled by the Governor for the unexpired term."
Section 3.  G.S. 90-119 is repealed.
Section 4.  G.S. 90-122 reads as rewritten:
"§ 90-122. Compensation and expenses of Board.
Each member of the North Carolina State Board of Examiners in Optometry shall receive as compensation for his services in the performance of his duties under this Article a sum not exceeding fifty dollars ($50.00) for each day actually engaged in the performance of the duties of his office, said per diem to be fixed by  said Board, and all legitimate and necessary expenses incurred in attending meetings of the said Board.
All per diem allowances and all expenses paid as herein provided shall be paid upon voucher drawn by the Executive Director of the Board in accordance with Board policy.
The Board is authorized and empowered to expend from funds collected hereunder such additional sum or sums as it may determine necessary in the administration and enforcement of this Article, and employ such personnel as it may deem requisite to assist in carrying out the administrative functions required by this Article and by the Board."
Section 5. This act is effective when it becomes law.