21 NCAC 36 .0109. SELECTION AND QUALIFICATIONS OF NURSE MEMBERS

(a)  Vacancies in nurse member positions on the Board that are scheduled to occur during the next year shall be announced in the last issue of the North Carolina Board of Nursing "Bulletin" for the calendar year, which shall be mailed to the address on record for each North Carolina licensed nurse and posted on the Board's website at www.ncbon.com.  The "Bulletin" and website shall include a petition form for nominating a nurse to the Board and information on filing the petition with the Board.

(b)  Each petition shall be checked with the records of the Board to validate that the nominee and each petitioner holds a current North Carolina license to practice nursing.  If the nominee is not currently licensed, the petition shall be declared invalid.  If any petitioners are not currently licensed and this decreases the number of petitioners to less than 10, the petition shall be declared invalid.

(c)  On forms provided by the Board, each nominee shall:

(1)           indicate the category for which the nominee is seeking election;

(2)           attest to meeting the qualifications specified in G.S. 90-171.21(d);

(3)           provide written permission to be listed on the ballot; and

(4)           complete the Application for Boards and Commissions in accordance with Governor Perdue's Executive Order 55.

The forms must be received by the Board or postmarked on or before April 15.

(d)  Minimum on-going employment requirements for the registered nurse or licensed practical nurse member shall include continuous employment equal to or greater than 50% of a full-time position that meets the criteria for the specified Board member position.

(e)  This Paragraph applies in determining qualifications for registered nurse categories of membership:

(1)           Nurse Educator includes any nurse who teaches in or directs a Board approved nursing program in the specific category as outlined in G.S. 90-171.21(d).

(2)           Hospital is defined as any facility which has an organized medical staff and which is designed, used, and primarily operated to provide health care, diagnostic and therapeutic services, and continuous nursing services to inpatients, but excludes nursing homes and adult care homes.

(3)           A hospital system is defined as a multihospital system, or a single diversified hospital system that includes a hospital as defined in Subparagraph (e)(2) of this Rule plus non-hospital preacute and postacute client services.

(4)           A nurse accountable for the administration of nursing services shall be the chief nurse executive of a hospital, hospital system, or the director of nursing services for a service division that includes inpatient care within a hospital or hospital system.

(5)           A nurse practitioner, nurse anesthetist, nurse midwife or clinical nurse specialist includes any advanced practice registered nurse who meets the criteria specified in G.S. 90-171.21(d)(4).

(f)  The term "nursing practice" when used in determining qualifications for registered or practical nurse categories of membership, means any position for which the holder of the position is required to hold a current license to practice nursing at the appropriate licensure level for each category.

(g)  A nominee shall be listed in only one category on the ballot.

(h)  Separate slates shall be prepared for election of registered nurse nominees and for election of licensed practical nurse nominees.  Nominees shall be listed in random order on the slate for licensed practical nurse nominees and within the categories for registered nurse nominees.  Slates shall be published in the "Bulletin" and posted to the Board website following the Spring Board meeting and shall be accompanied by biographical data on nominees and a passport-type photograph.

(i)  The procedure for voting shall be identified in the "Bulletin" following the Spring Board meeting.

(j)  The Board of Nursing may contract with a computer or other service to receive the votes and tabulate the results.

(k)  The tabulation and verification of the tabulation of votes shall include the following:

(1)           The certificate number shall be provided for each individual voting; and

(2)           The certificate number shall be matched with the database from the Board.

(l)  A plurality vote shall elect.  If more than one person is to be elected in a category, the plurality vote shall be in descending order until the required number has been elected.  In any election, if there is a tie vote between nominees, the tie shall be resolved by a draw from the names of nominees who have tied.

(m)  The results of an election shall be recorded in the minutes of the next regular meeting of the Board of Nursing following the election and shall include at least the following:

(1)           the number of nurses eligible to vote;

(2)           the number of votes cast; and

(3)           the number of votes cast for each person on the slate.

(n)  The results of the election shall be forwarded to the Governor and the Governor shall commission those elected to the Board of Nursing.

(o)  All petitions to nominate a nurse, signed consents to appear on the slate, verifications of qualifications, and copies of the computerized validation and tabulation shall be retained for a period of three months following the close of an election.

 

History Note:        Authority G.S. 90-171.21; 90-171.23(b);

Eff. May 1, 1982;

Amended Eff. August 1, 1998; January 1, 1996; June 1, 1992; March 1, 1990; April 1, 1989;

Temporary Amendment Eff. July 2, 2001;

Amended Eff. December 1, 2010; November 1, 2008; January 1, 2004; August 1, 2002.