NC General Statutes

N.C. Gen. Stat. § 90-2 (2026)

Medical Board

✓ current as of July 2026

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(a) There is established the North Carolina Medical Board to regulate the practice of medicine and surgery for the benefit and protection of the people of North Carolina. The Board shall consist of 13 members:

(1) Six of the members shall be duly licensed physicians recommended by the Review Panel and appointed by the Governor as set forth in G.S. 90-3.

(2) Five members shall all be appointed by the Governor as follows:

a. One shall be a member of The Old North State Medical Society. This Board position shall be subject to recommendations of the Review Panel pursuant to G.S. 90-3.

b. One shall be a public member, and this Board position shall not be subject to recommendation of the Review Panel pursuant to G.S. 90-3.

c. One shall be a physician assistant as defined in G.S. 90-18.1 as recommended by the Review Panel pursuant to G.S. 90-3.

d. One shall be a nurse practitioner as defined in G.S. 90-18.2 as recommended by the Review Panel pursuant to G.S. 90-3.

e. One shall be a duly licensed physician who is a doctor of osteopathic medicine or a full-time faculty member of one of the medical schools in North Carolina who utilizes integrative medicine in that person's clinical practice, as recommended by the Review Panel pursuant to G.S. 90-3.

(3) Two public members appointed by the General Assembly in accordance with G.S. 120-121, one upon recommendation of the Speaker of the House of Representatives and one upon the recommendation of the President Pro Tempore of the Senate.

(a1) Each appointing and nominating authority shall endeavor to see, insofar as possible, that its appointees and nominees to the Board reflect the composition of the State with regard to gender, ethnic, racial, and age composition.

(b) No member shall serve more than two complete three-year terms in a lifetime, except that each member shall serve until a successor is chosen and qualifies.

(b1) A public member appointed pursuant to sub-subdivision (a)(2)b. and subdivision (a)(3) of this section shall not be a health care provider nor the spouse of a health care provider. For the purpose of Board membership, "health care provider" means any licensed health care professional, agent, or employee of a health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this section, a person enrolled in a program as preparation to be a licensed health care professional or an allied health professional shall be deemed a health care provider. For purposes of this section, any person with significant financial interest in a health service or profession is not a public member.

(d) Any member of the Board may be removed from office by the Governor for good cause shown. Any vacancy in the physician, physician assistant, or nurse practitioner membership of the Board shall be filled for the period of the unexpired term by the Governor from a list submitted by the Review Panel pursuant to G.S. 90-3. Any vacancy in the public membership of the Board shall be filled by the appropriate appointing authority for the unexpired term.

(e) The North Carolina Medical Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as any private person or corporation, subject only to approval of the Governor and the Council of State as to the acquisition, rental, encumbering, leasing, and sale of real property. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board. (1858-9, c. 258, ss. 3, 4; Code, s. 3123; Rev., s. 4492; C.S., s. 6606; Ex. Sess. 1921, c. 44, s. 1; 1981, c. 573, s. 2; 1991 (Reg. Sess., 1992), c. 787, s. 1; 1993, c. 241, s. 2; 1995, c. 94, s. 1; c. 405, s. 1; 1997-511, s. 1; 2003-366, s. 1; 2007-346, s. 2; 2015-213, s. 1; 2016-117, s. 2(a); 2017-206, s. 5(a); 2018-92, s. 2(a); 2019-191, ss. 2(a), 2(b).)

§ 90-2.1: Repealed by Session Laws 2007-346, s. 3, effective October 1, 2007.

Notes of Decisions

Cited in 11 cases, 1976–2018 · leading case: North Carolina Dep't of Corr. v. North Carolina Med. Bd., 675 S.E.2d 641 (N.C. 2009).

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North Carolina Dep't of Corr. v. North Carolina Med. Bd., 675 S.E.2d 641 (N.C. 2009). · cites it 6× “The trial court further declared that there was “a ripe and justiciable case and controversy” between plaintiffs and defendant and concluded as a matter of law that: The Medical Practices Act of 1858, which forms the origin of N.C. Gen. Stat. § 90-2 , was not intended to give to…”

In Re Guess, 393 S.E.2d 833 (N.C. 1990). · cites it 12× “" N.C.G.S. § 90-2 (1985). On 25 June 1985, the Board charged Dr.”

NC Dept. of Corr. v. NC Med. BD., 675 S.E.2d 641 (N.C. 2009). · cites it 6× “The trial court further declared that there was "a ripe and justiciable case and controversy" between plaintiffs and defendant and concluded as a matter of law that: The Medical Practices Act of 1858, which forms the origin of N.C. Gen.Stat. § 90-2, was not intended to give to…”

N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Examiners, 821 S.E.2d 376 (N.C. 2018). · cites it 3× “Rather, the Medical Board, which was established pursuant to N.C.G.S. § 90-2, is charged with the authority "to regulate the practice of medicine and surgery for the benefit and protection of the people of North Carolina.”

North Carolina Med. Soc'y v. North Carolina Bd. of Nursing, 610 S.E.2d 722 (N.C. Ct. App. 2005). · cites it 2× “The Medical Board, as an administrative board established pursuant to N.C. Gen. Stat. § 90-2 , cannot be estopped from exercising its duty to regulate the practice of medicine in the interest of the public.”

Mazzucco v. North Carolina Bd. of Med. Examiners, 228 S.E.2d 529 (N.C. Ct. App. 1976). “” G.S. 90-2. These regulatory statutes now contained in Chap.”

Nc Med. Soc. v. Nc Bd. of Nursing, 610 S.E.2d 722 (N.C. Ct. App. 2005). · cites it 2× “The Medical Board, as an administrative board established pursuant to N.C. Gen.Stat. § 90-2, cannot be estopped from exercising its duty to regulate the practice of medicine in the interest of the public.”

Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014). · cites it 2× “These same regulations require a written consent form to be voluntarily signed by the patient, which signature must be witnessed and also signed by the physician performing the procedure. Id. at 14E.0305(a).”

In Re Lustgarten, 629 S.E.2d 886 (N.C. Ct. App. 2006). · cites it 2× “” N.C. Gen. Stat. § 90-2 (2006). The Board has the power “to deny, annul, suspend, or *669 revoke [the] license” of a license-holder found by the Board to have committed [unprofessional conduct, including, but not limited to, departure from, or the failure to conform to, the…”

In Re Guess, 382 S.E.2d 459 (N.C. Ct. App. 1989). “For the General Assembly created the Board of Medical Examiners to “properly regulate the practice of medicine and surgery” in this state, G.S. 90-2; and since “[t]he State can only regulate for the protection of the public,” State v.”

Mebane v. Bd. of Med. Examiners, 286 S.E.2d 112 (N.C. Ct. App. 1982). “” G.S. 90-2. Under Chapter 90 of the General Statutes the Board was given certain powers to enable it to carry out its regulatory duties.”

— N.C. Gen. Stat. § 90-2(a) — 3 cases

North Carolina Dep't of Corr. v. North Carolina Med. Bd., 675 S.E.2d 641 (N.C. 2009). “The trial court further declared that there was “a ripe and justiciable case and controversy” between plaintiffs and defendant and concluded as a matter of law that: The Medical Practices Act of 1858, which forms the origin of N.C. Gen. Stat. § 90-2 , was not intended to give to…”

NC Dept. of Corr. v. NC Med. BD., 675 S.E.2d 641 (N.C. 2009). “The trial court further declared that there was "a ripe and justiciable case and controversy" between plaintiffs and defendant and concluded as a matter of law that: The Medical Practices Act of 1858, which forms the origin of N.C. Gen.Stat. § 90-2, was not intended to give to…”

Stuart v. Loomis, 992 F. Supp. 2d 585 (M.D.N.C. 2014). “These same regulations require a written consent form to be voluntarily signed by the patient, which signature must be witnessed and also signed by the physician performing the procedure. Id. at 14E.0305(a).”

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