Tennessee § 63-16-102 - Board of examiners — Composition.

§ 63-16-102. Board of examiners — Composition.

There is hereby created the board of examiners for nursing home administrators, which shall consist of eight (8) members to be appointed by the governor as follows: Four (4) members shall be representatives of the nursing home industry, three (3) of whom may be appointed from lists of qualified persons submitted to the governor by interested healthcare groups including, but not limited to, the Tennessee Health Care Association, and one (1) of whom shall be a nursing home administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; One (1) member shall be a hospital administrator who may be appointed from lists of qualified persons submitted by interested hospital groups, including, but not limited to, the Tennessee Hospital Association; One (1) member shall be a physician who may be appointed from a list of qualified physician nominees submitted by interested medical groups, including, but not limited to, the Tennessee Medical Association; One (1) member shall be a nurse representative who may be appointed from lists of qualified persons submitted by interested nursing groups, including, but not limited to, the Tennessee Nurses Association; and One (1) member shall be a consumer representative. Each member shall serve for three (3) years, except that initially three (3) members shall be appointed for a term of three (3) years, three (3) members for a term of two (2) years, and two (2) members for a term of one (1) year. At the expiration of a member's term, each interested group may submit lists of qualified persons to the governor for appointment to that vacancy in the same manner as provided for initial appointments in subsection (a). Any vacancy occurring on the board prior to the expiration of a member's term may also be filled by the governor for the unexpired term from lists of qualified persons submitted by the interested groups as provided for initial appointments in subsection (a). In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. The governor shall consult with interested medical groups, including, but not limited to, the nominating associations for the respective classifications listed in subsection (a) to determine qualified persons to fill the positions. This subdivision (b)(3) shall not apply to the appointment of the consumer representative member. The commissioner of health or the commissioner's designated representative shall serve as an ex officio member and as the executive officer of the board. The governor may remove any member for misconduct, incapacity, incompetence or neglect of duty after the member so charged has been served with a written statement of charges and has been given an opportunity to be heard. Each member shall be reimbursed for actual expenses incurred in the performance of the member's official duties, in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. In addition, each member shall be compensated fifty dollars ($50.00) per day for the member's services. All vouchers for the expenditure of any funds shall be signed by the executive officer of the board. The board shall meet at least annually and a majority of the board shall constitute a quorum. Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board in accordance with subsection (d). The executive officer of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A). The division, as provided for in § 68-1-101, is the administrative agency for the board of examiners for nursing home administrators. Acts 1970, ch. 565, § 2; 1971, ch. 81, § 4; 1972, ch. 574, §§ 1, 2; 1976, ch. 806, § 1(121); 1979, ch. 118, § 1; 1980, ch. 587, § 1; T.C.A., § 63-1602; Acts 1983, ch. 40, § 1; 1988, ch. 1013, § 54; 1990, ch. 1042, §§ 3-5; 2012, ch. 721, §§ 3, 4; 2016, ch. 611, § 3. Compiler's Notes. Acts 1990, ch. 1042, § 6 provided that the amendment by that act, which amended subdivisions (a)(1) and (2) and deleted former subdivision (a)(3), shall not be interpreted to authorize the appointment of either a registered lobbyist or a nonresident of the state of Tennessee to any regulatory board affected by the amendment. The board of examiners for nursing home administrators, created by this section, terminates June 30, 2022. See §§ 4-29-112 , 4-29-243 . Cross-References. Meetings, director of health-related licensing division as ex officio member, § 63-1-133 . Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Attorney General Opinions. Delegation of Governor’s appointing authority to private entities for purpose of submitting lists for appointments to state licensing boards or agencies. OAG 10-67, 2010 Tenn. AG LEXIS 73 (5/17/10).