2006 Nebraska Revised Statutes - § 71-1,132.07 — Board of Nursing; members; qualifications; appointment; term; vacancies; removal from office; immunity; conflicts of interest.

Section 71-1,132.07
Board of Nursing; members; qualifications; appointment; term; vacancies; removal from office; immunity; conflicts of interest.

(1) The Board of Nursing is established. The board shall consist of eight registered nurse members, two licensed practical nurse members, and two consumer members, all of whom shall be appointed by the State Board of Health. The registered nurses on the Board of Nursing shall be from the following areas: (a) One practical nurse educator; (b) one associate degree or diploma nurse educator; (c) one baccalaureate nurse educator; (d) two nursing service administrators; (e) two staff nurses; and (f) one advanced practice registered nurse. The nursing service administrators, the staff nurses, and the licensed practical nurses shall be equally representative of acute care, long-term care, and community-based care. All congressional districts shall be equally represented on the board, and each member shall have been a bona fide resident of the congressional district from which he or she is appointed for a period of at least one year prior to the time of the appointment of such member.

(2) The terms of office of all board members shall be staggered terms of four years each as the State Board of Health determines.

(3) At the expiration of the term of any member, the State Board of Health may consult with appropriate nursing organizations regarding candidates for appointment. Appointments shall be made on or before December 1 of each year. In order to be considered for reappointment, a candidate must currently meet all criteria for initial appointment. Vacancies occurring on the Board of Nursing shall be filled for the unexpired terms by appointments made by the State Board of Health. No member shall serve more than two consecutive terms on the Board of Nursing. Any board member initially appointed for less than a full term shall be eligible to serve for two additional consecutive full terms.

(4) The State Board of Health shall have power to remove from office at any time any member of the Board of Nursing, after a public hearing pursuant to the Administrative Procedure Act, for physical or mental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for any cause for which a license or certificate in the member's profession involved may be suspended or revoked, for a lack of licensure or certification in the member's profession, or for other sufficient cause.

(5) All members of the board are immune from individual civil liability while acting within the scope of their duties as board members.

(6) If the entire board, an individual member, or a staff member is sued, the Attorney General shall appoint an attorney to represent the involved parties.

(7) The department shall adopt and promulgate rules and regulations which establish definitions of conflicts of interest for members of the board and which establish procedures in the case such a conflict arises.

Source:

Laws 1953, c. 245, § 4(1), p. 838

Laws 1955, c. 272, § 3, p. 856

Laws 1959, c. 320, § 2, p. 1171

Laws 1961, c. 338, § 1, p. 1059

Laws 1961, c. 282, § 4, p. 825

Laws 1975, LB 422, § 4

Laws 1987, LB 473, § 22

Laws 1988, LB 1100, § 37

Laws 1993, LB 375, § 1

Laws 1994, LB 1223, § 15

Laws 1995, LB 563, § 11

Laws 1996, LB 414, § 4

Laws 2000, LB 1115, § 15

Laws 2002, LB 1062, § 21

Laws 2005, LB 256, § 25

Cross References:

Administrative Procedure Act,see section 84-920.

For limits and designation of congressional districts,see section 32-504.

~Revised Statutes Supplement, 2006