Physicians; Board of Medical Examiners; Length of Service by Members

Subject:

Physicians; Board of Medical Examiners; Length of Service by Members.

Requested By:

Josephine E. Newell, M.D. President North Carolina Medical Society

Questions:

(1)

Does G.S. 90-2 permit a physician to serve as a member of the Board of Medical Examiners for more than two three-year terms?

(2)

Does G.S. 90-2 permit the North Carolina Medical Society to limit the period of a physician’s service on the Board of Medical Examiners to a total of six years or any other specified time?

Conclusions:

(1)

Yes.

(2)

No.

G.S. 90-2, as rewritten by Chapter 573, 1981 Session Laws (effective June 15, 1981), provides in part:

"(b) No member appointed to the Board on or after November 1, 1981, shall serve more than two complete consecutive three-year terms, except that each member shall serve until his successor is chosen and qualifies."

Since the statute specifically prohibits a member from serving "more than two complete consecutive three-year terms", application of the principle expressio unius exclusio alterius supports the conclusion that service of other than a period of "more than two complete consecutive three-year terms" is permitted.

Therefore, the present statute permits a member to serve more than two complete three-year terms if there is a hiatus between the first two three-year terms and the additional term or terms.

Generally, an agency may adopt rules to define or implement standards established by the General Assembly. However, a rule of an agency may not be inconsistent with an enactment of the General Assembly. In G.S. 90-2, the General Assembly has explicitly established a limitation on the length of service by a member on the Board of Medical Examiners. It is the opinion of this Office, therefore, that the North Carolina Medical Society may not impose an additional limitation on the length of service by a member on the Board of Medical Examiners. As explained in the first paragraph, an additional limitation would be inconsistent with the language of G.S. 902(b).

Rufus L. Edmisten Attorney General

Robert R. Reilly Assistant Attorney General