2006 Nebraska Revised Statutes - § 71-6065 — Board of Examiners in Nursing Home Administration; created; members; appointment; terms; removal; conflicts of interest.

Section 71-6065
Board of Examiners in Nursing Home Administration; created; members; appointment; terms; removal; conflicts of interest.

(1) The Board of Examiners in Nursing Home Administration is created. The board shall be under the supervision of the department and shall consist of a designated representative of the Policy Cabinet described in section 81-3009 and the following members appointed by the State Board of Health: (a) Two members who hold active licenses and are currently employed in the management, operation, or ownership of proprietary homes for the aged or infirm or nursing homes that serve the aged or infirm in Nebraska; (b) two members who hold active licenses and are currently employed in the management or operation of a nonprofit home for the aged or infirm or nursing home or hospital caring for chronically ill or infirm, aged patients; (c) one member who is a member of the faculty of a college or university located in the state who is actively engaged in a teaching program relating to business administration, social work, gerontology, or some other aspect of the administration of health care facilities; (d) one member who is a licensed physician and surgeon with a demonstrated interest in long-term care; (e) one member who is a licensed registered nurse; and (f) two members who are laypersons, at least the age of majority, residents of this state for at least five years preceding appointment, and representative of consumer viewpoints. The members of the board shall serve as members of such board until the expiration of their respective terms or until their successors have been appointed and qualified. Each appointed member who is an administrator shall be licensed pursuant to sections 71-6053 to 71-6068.

(2) The appointed members shall be appointed for terms of three years, and the terms shall be staggered so that the terms of three appointed members of the board expire each year. The term of each member shall commence on the first day of December following the expiration of the term of the member whom such person succeeds. A vacancy in any appointive position on the board shall be filled for the unexpired portion of the term by appointment by the State Board of Health in the same manner as original appointments are made. Appointed members shall serve until their successors are appointed and qualified.

(3) The State Board of Health shall have power to remove from office at any time any member of the board 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 may be suspended or revoked, or for a lack of licensure.

(4) 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 1972, LB 1040, § 5

Laws 1980, LB 686, § 3

Laws 1988, LB 693, § 10

Laws 1989, LB 344, § 20

R.S.Supp.,1989, § 71-2045.01

Laws 1994, LB 1223, § 76

Laws 1996, LB 1044, § 755

Laws 1999, LB 411, § 9

Laws 2002, LB 1062, § 61

Cross References:

Administrative Procedure Act,see section 84-920.

~Reissue Revised Statutes of Nebraska