2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 27 - Long-Term Care Facility Administrators
§ 43-27-2. Creation of Board; Members

1. There is created the State Board of Long-Term Care Facility Administrators, which, on and after June 30, 2020, shall consist of nine members. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
   1. Three members who are nursing home administrators in this state, at least one of whom shall represent nonproprietary nursing homes;
   2. Three members each of whom are either a personal care home administrator or an assisted living community administrator; provided, however, that on and after July 1, 2021, all successor members appointed pursuant to this paragraph shall be either a licensed personal care home administrator or a licensed assisted living community administrator;
   3. Two members of the public at large who are not personal care home administrators, assisted living community administrators, or nursing home administrators or pecuniarily interested in any personal care home, assisted living community, or nursing home, or have any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and
   4. One member who is a health care professional with at least a bachelor's degree, experience in elder care, and knowledge in dementia care and who is not a personal care home administrator, an assisted living community administrator, or a nursing home administrator or pecuniarily interested in any personal care home, assisted living community, or nursing home, or has any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and
2. The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17, including removal for failing to attend three meetings in one calendar year. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position.

(Ga. L. 1968, p. 1143, § 6; Ga. L. 1969, p. 744, § 1; Ga. L. 1970, p. 573, § 1; Ga. L. 1976, p. 1184, §§ 2, 3; Ga. L. 1979, p. 385, § 1; Ga. L. 1980, p. 536, § 2; Ga. L. 1986, p. 846, § 2; Ga. L. 1992, p. 2770, § 1; Ga. L. 1999, p. 296, § 24; Ga. L. 2009, p. 453, §§ 1-6, 1-47/HB 228; Ga. L. 2020, p. 95, § 9/HB 987.)

The 2020 amendment, effective June 30, 2020, rewrote subsection (a); and added ", including removal for failing to attend three meetings in one calendar year" at the end of the second sentence of subsection (b).

- The amendment of subsection (a) of this Code section by Ga. L. 2009, p. 453, § 1-6, irreconcilably conflicted with and was treated as superseded by Ga. L. 2009, p. 453, § 1-47. See Singer, Statutes and Statutory Construction, sec. 23:18 (6 th ed. 2002).

Pursuant to Code Section 28-9-5, in 2020, "on and after June 30, 2020," was substituted for "on and after the effective date of this Act," in the first sentence of subsection (a).

- For comment on Rogers v. Medical Ass'n, 244 Ga. 151, 259 S.E.2d 85 (1979), invalidating Georgia statute requiring Governor's appointments to Composite State Board of Medical Examiners (now Georgia Composite Medical Board) be made solely from nominees submitted by state medical society as an unconstitutional delegation of legislative authority to a private organization, see 29 Emory L.J. 1183 (1980).

Cited in Baranan v. State Bd. of Nursing Home Adm'rs, 143 Ga. App. 605, 239 S.E.2d 533 (1977).