2005 North Carolina Code - General Statutes Article 1B - Commissions and Councils.

Article 1B.

Commissions and Councils.

Part 1.� Commission of Anatomy.

§ 130A‑33.30.� Commission of Anatomy � Creation; powers and duties.

There is created the Commission of Anatomy in the Department with the power and duty to adopt rules for the distribution of dead human bodies and parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina. The Commission is authorized to receive dead bodies pursuant to G.S. 130A‑415 and to be a donee of a body or parts thereof pursuant to Part 3, Article 16 of Chapter 130A of the General Statutes known as the Uniform Anatomical Gift Act and to distribute such bodies or parts thereof pursuant to the rules adopted by the Commission. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 183; 1989 (Reg. Sess., 1990), c. 1024, s. 29; 1997‑443, s. 11A.69.)

 

§ 130A‑33.31.� Commission of Anatomy � Members; selection; term; chairman; quorum; meetings.

(a)������ The Commission of Anatomy shall consist of five members, one representative from the field of mortuary science, and one each from The University of North Carolina School of Medicine, East Carolina University School of Medicine, Duke University School of Medicine, and Bowman Gray School of Medicine. The dean of each school shall make recommendations and the Secretary shall appoint from such recommendations a member to the Commission. The president of the State Board of Funeral Service shall appoint the representative from the field of mortuary science to the Commission. The members shall serve terms of four years except two of the original members shall serve a term of one year, one shall serve a term of two years, one shall serve a term of three years, and one shall serve a term of four years. The Secretary shall determine the terms of the original members.

(b)������ Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.

(c)������ The Secretary shall remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance.

(d)������ The Commission shall elect a chair annually from its own membership.

(e)������ A majority of the Commission shall constitute a quorum for the transaction of business.

(f)������� The Commission shall meet at any time and place within the State at the call of the chair or upon the written request of three members.

(g)������ All clerical and other services required by the Commission shall be supplied by the Secretary. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 184; 1995, c. 123, s. 5; 1997‑443, s. 11A.70; 2003‑420, s. 1.)

 

§ 130A‑33.32.� Commission of Anatomy � Reference to former Board of Anatomy in testamentary disposition.

A testamentary disposition of a body or part thereof to the former Board of Anatomy shall be deemed in all respects to be a disposition to the Commission of Anatomy. (1975, c. 694, s. 2; 1989, c. 727, ss. 182(a), 185.)

 

§§ 130A‑33.33 through 130A‑33.39.� Reserved for future codification purposes.

 

Part 2.� Governor's Council on Physical Fitness and Health.

§ 130A‑33.40.� Governor's Council on Physical Fitness and Health � Creation; powers; duties.

There is hereby created the Governor's Council on Physical Fitness and Health in the Department. The Council shall have the following functions and duties:

(1)������ To promote interest in the area of physical fitness; to consider the need for new State programs in the field of physical fitness; to enlist the active support of individual citizens, professional and civic groups, amateur and professional athletes, voluntary organizations, State and local government agencies, private industry and business, and community recreation programs in efforts to improve the physical fitness and the health of the citizens of North Carolina;

(2)������ To examine current programs of physical fitness available to the people of North Carolina, and to make recommendations to the Governor for coordination of programs to prevent duplication of such services; to support programs of physical fitness in the public school systems; to develop cooperative programs with medical, dental, and other groups; to maintain a liaison with government, private and other agencies concerning physical fitness programs; to stimulate research in the area of physical fitness; to sponsor physical fitness workshops, clinics, conferences, and other related activities pertaining to physical fitness throughout the State;

(3)������ To serve as an agency for recognizing outstanding developments, contributions, and achievements in physical fitness in North Carolina;

(3a)���� To serve as the North Carolina sanctioning body for the State Games and for other competitive athletic events for which sanctioning by the State is required; and

(4)������ To make an annual report to the Governor and to the Secretary,� including suggestions and recommendations for the furtherance of the physical fitness of the people of North Carolina. (1979, c. 634; 1989, c. 727, ss. 186, 187; 1991, c. 96, s. 1; 1997‑443, s. 11A.71.)

 

§ 130A‑33.41.� The Governor's Council on Physical Fitness and Health � Members; selection; quorum; compensation.

The Governor's Council on Physical Fitness in the Department shall consist of 10 members, including a chair.

(1)������ The composition of the Council shall be as follows: one member of the Senate appointed by the President Pro Tempore of the Senate, and one member of the House of Representatives appointed by the Speaker of the House of Representatives, and eight persons from the health care professions, the fields of business and industry, physical education, recreation, sports and the general public. The eight nonlegislative members of the Council shall be appointed by the Governor to serve at the Governor's pleasure.

(2)������ The eight initial nonlegislative members of the Council shall be appointed as follows: two for a term of one year, two for a term of two years, two for a term of three years, two for a term of four years. At the end of the respective terms of office of these initial members, all succeeding appointments of nonlegislative members shall be for terms of four years; nonlegislative members shall serve no more than two consecutive four‑year terms; all unexpired terms due to resignation, death, disability, removal or refusal to serve shall be filled by a qualified person appointed by the Governor for the balance of the unexpired term.

(3)������ Legislative members of the Council shall serve two‑year terms beginning and ending on July 1 of odd‑numbered years, and shall serve no more than two consecutive terms.

(4)������ Members of the Governor's Council shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138‑5 or 138‑6, or travel and subsistence expenses under G.S. 120‑3.1, as appropriate.

(5)������ The Council shall meet no more than quarterly.

(6)������ A majority of the Governor's Council shall constitute a quorum for the transaction of business. (1979, c. 634; 1989, c. 727, ss. 186, 188; 1991, c. 739, s. 20; 1997‑443, s. 11A.72.)

 

§ 130A‑33.42.� Reserved for future codification purposes.

 

Part 3.� Minority Health Advisory Council.

§ 130A‑33.43.� Minority Health Advisory Council.

There is established the Minority Health Advisory Council in the Department. The Council shall have the following duties and responsibilities:

(1)������ To make recommendations to the Governor and the Secretary aimed at improving the health status of North Carolina's minority populations;

(2)������ To identify and examine the limitations and problems associated with existing laws, regulations, programs and services related to the health status of North Carolina's minority populations;

(3)������ To examine the financing and access to health services for North Carolina's minority populations;

(4)������ To identify and review health promotion and disease prevention strategies relating to the leading causes of death and disability among minority populations; and

(5)������ To advise the Governor and the Secretary upon any matter which the Governor or Secretary may refer to it. (1991 (Reg. Sess., 1992), c. 900, s. 166; 1997‑443, s. 11A.73.)

 

§ 130A‑33.44.� Minority Health Advisory Council � members; selection; quorum; compensation.

(a)������ The Minority Health Advisory Council in the Department shall consist of 15 members to be appointed as follows:

(1)������ Five members shall be appointed by the Governor. Members appointed by the Governor shall be representatives of the following: health care providers, public health, health related public and private agencies and organizations, community‑based organizations, and human services agencies and organizations.

(2)������ Five members shall be appointed by the Speaker of the House of Representatives, two of whom shall be members of the House of Representatives, and at least one of whom shall be a public member. The remainder of the Speaker's appointees shall be representative of any of the entities named in subdivision (1) of this subsection.

(3)������ Five members shall be appointed by the President Pro Tempore of the Senate, two of whom shall be members of the Senate, and at least one of whom shall be a public member. The remainder of the President Pro Tempore's appointees shall be representative of any of the entities named in subdivision (1) of this subsection.

(4)������ Of the members appointed by the Governor, two shall serve initial terms of one year, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, the Governor's appointees shall serve terms of four years.

(5)������ Of the nonlegislative members appointed by the Speaker of the House of Representatives, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, nonlegislative members appointed by the Speaker of the House of Representatives shall serve terms of four years. Of the nonlegislative members appointed by the President Pro Tempore of the Senate, two shall serve initial terms of two years, and one shall serve an initial term of three years. Thereafter, nonlegislative members appointed by the President Pro Tempore of the Senate shall serve terms of four years. Legislative members of the Council shall serve two‑year terms.

(b)������ The Chairperson of the Council shall be elected by the Council from among its membership.

(c)������ The majority of the Council shall constitute a quorum for the transaction of business.

(d)������ Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5 or G.S. 138‑6, or travel and subsistence expenses in accordance with the provisions of G.S. 120‑3.1, as applicable.

(e)������ All clerical support and other services required by the Council shall be provided by the Department. (1991 (Reg. Sess., 1992), c. 900, s. 166; 1997‑443, s. 11A.74.)

 

§§ 130A‑33.45 through 130A‑33.49.� Reserved for future codification purposes.

 

Part 4. Advisory Committee on Cancer Coordination and Control.

§ 130A‑33.50.� Advisory Committee on Cancer Coordination and Control established; membership, compensation.

(a)������ The Advisory Committee on Cancer Coordination and Control is established in the Department.

(b)������ The Committee shall have up to 34 members, including the Secretary of the Department or the Secretary's designee. The members of the Committee shall elect a chair and vice‑chair from among the Committee membership. The Committee shall meet at the call of the chair. Six of the members shall be legislators, three of whom shall be appointed by the Speaker of the House of Representatives, and three of whom shall be appointed by the President Pro Tempore of the Senate. Four of the members shall be cancer survivors, two of whom shall be appointed by the Speaker of the House of Representatives, and two of whom shall be appointed by the President Pro Tempore of the Senate. The remainder of the members shall be appointed by the Governor as follows:

(1)������ One member from the Department of Environment and Natural Resources;

(2)������ Three members, one from each of the following: the Department, the Department of Public Instruction, and the North Carolina Community College System;

(3)������ Four members representing the cancer control programs at North Carolina medical schools, one from each of the following: the University of North Carolina at Chapel Hill School of Medicine, the Bowman Gray School of Medicine, the Duke University School of Medicine, and the East Carolina University School of Medicine;

(4)������ One member who is an oncology nurse representing the North Carolina Nurses Association;

(5)������ One member representing the Cancer Committee of the North Carolina Medical Society;

(6)������ One member representing the Old North State Medical Society;

(7)������ One member representing the American Cancer Society, North Carolina Division, Inc.;

(8)������ One member representing the North Carolina Hospital Association;

(9)������ One member representing the North Carolina Association of Local Health Directors;

(10)���� One member who is a primary care physician licensed to practice medicine in North Carolina;

(11)���� One member representing the American College of Surgeons;

(12)���� One member representing the North Carolina Oncology Society;

(13)���� One member representing the Association of North Carolina Cancer Registrars;

(14)���� One member representing the Medical Directors of the North Carolina Association of Health Plans; and

(15)���� Up to four additional members at large.

Except for the Secretary, the members shall be appointed for staggered four‑year terms and until their successors are appointed and qualify. The Governor may remove any member of the Committee from office in accordance with the provisions of G.S. 143B‑13. Members may succeed themselves for one term and may be appointed again after being off the Committee for one term.

(c)������ The Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor shall make their appointments to the Committee not later than 30 days after the adjournment of the 1993 Regular Session of the General Assembly. A vacancy on the Committee shall be filled by the original appointing authority, using the criteria set out in this section for the original appointment.

(d)������ To the extent that funds are made available, members of the Committee shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138‑5.

(e)������ A majority of the Committee shall constitute a quorum for the transaction of its business.

(f)������� The Committee may use funds allocated to it to employ an administrative staff person to assist the Committee in carrying out its duties. The Secretary shall provide clerical and other support staff services needed by the Committee. (1993, c. 321, s. 288; 1997‑443, s. 11A.75; 1998‑212, s. 12.48(a).)

 

§ 130A‑33.51.� Advisory Committee on Cancer Coordination and Control; responsibilities.

(a)������ The Advisory Committee on Cancer Coordination and Control has the following responsibilities:

(1)������ To recommend to the Secretary a plan for the statewide implementation of an interagency comprehensive coordinated cancer control program;

(2)������ To identify and examine the limitations and problems associated with existing laws, regulations, programs, and services related to cancer control;

(3)������ To examine the financing and access to cancer control services for North Carolina's citizens, and advise the Secretary on a coordinated and efficient use of resources;

(4)������ To identify and review health promotion and disease prevention strategies relating to the leading causes of cancer mortality and morbidity;

(5)������ To recommend standards for:

a.�������� Oversight and development of cancer control services;

b.�������� Development and maintenance of interagency training and technical assistance in the provision of cancer control services;

c.�������� Program monitoring and data collection;

d.�������� Statewide evaluation of locally based cancer control programs;

e.�������� Coordination of funding sources for cancer control programs; and

f.��������� Procedures for awarding grants to local agencies providing cancer control services.

(b)������ The Committee shall submit a written report not later than May 1, 1994, and not later than October 1 of each subsequent year, to the Governor and to the Joint Legislative Commission on Governmental Operations.� The report shall address the progress in implementation of a cancer control program.� The report shall include an accounting of funds expended and anticipated funding needs for full implementation of recommended programs. (1993, c. 321, s. 288.)