SEC. 73-57-7. Establishment and composition of Respiratory Advisory Council; appointment, terms and removal of members.
(1) There is established the Respiratory Care Advisory Council under the jurisdiction of the State Board of Health. The purpose of the council is to advise the State Board of Health on matters relative to the administration and interpretation of the provisions of this chapter. The council shall consist of nine (9) members, all citizens of the United States and residents of this state. There shall be one (1) public member, three (3) physician members consisting of a member of the American College of Chest Physicians, a member of the American Society of Anesthesiologists, and a member of the American Thoracic Society, and five (5) members, one (1) from each congressional district, engaged in the practice of respiratory care for a period of not less than five (5) years preceding their appointment to the council and who are members of the American Association for Respiratory Care and/or its state affiliate. At least one (1) member of the council who is engaged in the practice of respiratory care shall also be a licensed registered nurse.
(2) The State Board of Health shall appoint the members of the council for terms of four (4) years. The terms of office of the members first appointed shall begin when they are appointed and shall continue thereafter for the following periods: two (2) physicians and two (2) respiratory care practitioners for a period of three (3) years; and one (1) physician, one (1) public member, and three (3) respiratory care practitioners for a period of four (4) years. Upon the expiration of such terms and all terms thereafter, the State Board of Health shall appoint a successor for the member whose term expires for a term of four (4) years, with no member being appointed for more than three (3) consecutive terms and with the respiratory care practitioner members being licensed under the provisions of this chapter. Vacancies in the council shall be filled by appointment by the State Board of Health in like manner for the balance of the unexpired term and each member shall serve until his successor is appointed by the board in like manner for the balance of an unexpired term and each member shall serve until his successor is appointed and qualified.
(3) Upon expiration of the term of a physician member, the state societies of the American College Chest Physicians, American Society of Anesthesiologist or American Thoracic Society may each, as appropriate, submit to the State Board of Health a list of three (3) persons qualified to serve on the council replacing the expired term of their respective member. Upon expiration of the term of any respiratory care practitioner member, the state society of the American Association for Respiratory Care may submit to the State Board of Health a list of three (3) persons qualified to serve for each position vacated. Appointments may be made from these lists by the board and additional lists may be provided by the respective organizations if requested by the board.
(4) The State Board of Health shall remove any member from the council for neglect of any duty required by law or for incompetency or unethical or dishonorable conduct.
SOURCES: Laws, 1991, ch. 500, Sec. 4, eff from and after July 1, 1991.