N.C. Gen. Stat. § 90-28
Bylaws and regulations; acquisition of property
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) The North Carolina State Board of Dental Examiners shall have the power to make necessary bylaws and regulations, not inconsistent with the provisions of this Article, regarding any matter referred to in this Article and for the purpose of facilitating the transaction of business by the Board.
(1) The North Carolina State Board of Dental Examiners shall have the power to make necessary bylaws and regulations, not inconsistent with the provisions of this Article, regarding any matter referred to in this Article and for the purpose of facilitating the transaction of business by the Board.
(2) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
(2) The Board shall have the power to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and the Council of State. Collateral pledged by the Board for an encumbrance is limited to the assets, income, and revenues of the Board.
History
(1935, c. 66, s. 5; 2005-366, s. 3.)
Disapproval of Certain Dental Board Rules - Session Laws 2016-31, s. 1, provides: "Pursuant to G.S. 150B-21.3(b1), 21 NCAC 16Q.0101 (General Anesthesia and Sedation Definitions), as adopted by the North Carolina Board of Dental Examiners on December 12, 2015, and approved by the Rules Review Commission on March 17, 2016, is disapproved."
At its March 17, 2016, meeting, the Rules Review Commission adopted several changes to the Dental Board's rules in 21 NCAC 16O and 16Q, governing nitrous oxide, sedation, and anesthesia. More than 10 objections were filed to the proposed amendments to 21 NCAC 16Q.0101, and that rule is presently subject to legislative review. In light of the pending legislative review, pursuant to G.S. 150B-21.3(b1), the Dental Board sought to delay the effective date of certain rules until the conclusion of the review. Specifically the Board requested to delay the effective dates of the following rules:
21 NCAC 16Q.0201 (amendment); 21 NCAC 16Q.0202 (amendment); 21 NCAC 16Q.0204 (amendment); 21 NCAC 16Q.0205 (repeal); 21 NCAC 16Q.0206 (adoption); 21 NCAC 16Q.0207 (adoption); 21 NCAC 16Q.0301 (amendment); 21 NCAC 16Q.0302 (amendment); 21 NCAC 16Q.0304 (amendment); 21 NCAC 16Q.0305 (adoption); 21 NCAC 16Q.0306 (adoption); 21 NCAC 16Q.0401 (repeal); 21 NCAC 16Q.0402 (repeal); 21 NCAC 16Q.0404 (adoption); 21 NCAC 16Q.0405 (adoption); 21 NCAC 16Q.0406 (adoption); 21 NCAC 16Q.0407 (adoption); 21 NCAC 16Q.0408 (adoption); 21 NCAC 16Q.0501 (repeal); 21 NCAC 16Q.0601 -.0602 (repeal); and 21 NCAC 16Q.0703 (adoption).
Session Laws 2016-31, s. 2, disapproved all of the rules listed in the letter except those listed in Session Laws 2016-31, s. 3, which were 21 NCAC 16Q.0204 (Procedure for General Anesthesia Evaluation or Inspection and Re-inspection), 21 NCAC 16Q.0205 (Results of Site Evaluation and Reevaluation), 21 NCAC 16Q.0306 (Procedure for Moderate Conscious Sedation Evaluation or Inspection and Re-Inspection), 21 NCAC 16Q.0408 (Procedure for Moderate Pediatric Conscious Sedation Evaluation or Inspection and Re-Inspection), 21 NCAC 16Q.0703 (Reports of Adverse Occurrences), 21 NCAC 16Q.0601 (Reports of Adverse Occurrences), and 21 NCAC 16Q.0602 (Failure to Report).
Session Laws 2016-31, s. 4, provides: "Notwithstanding G.S. 150B-21.3(b), the North Carolina Board of Dental Examiners shall not enforce the following rules which became effective April 1, 2016: 21 NCAC 16O.0301 (Nitrous Oxide Sedation); 21 NCAC 16O.0302 (Nitrous Oxide Monitoring); 21 NCAC 16O.0401 (Non-Delegable Functions). The Board shall continue to enforce these rules as they existed prior to the amendments which became effective on April 1, 2016."
Effect of Amendments. - Session Laws 2005-366, s. 3, effective September 8, 2005, added "acquisition of property" to the section heading; designated the existing provisions of the section as "(a)"; deleted "said" preceding "Board" at the end of subsection (a); added subsection (b); and made a minor punctuation change.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.