N.Y. Public Health Law § 2896-a: Board of examiners of nursing home administrators

§ 2896-a. Board of examiners of nursing home administrators. 1. There

shall be within the department a board of examiners of nursing home

administrators consisting of thirteen members appointed by the

commissioner, all of whom shall be citizens of the United States and

residents of the state of New York. The board shall be composed of one

physician, one hospital administrator, one professional registered

nurse, three nursing home administrators employed in proprietary nursing

homes and three nursing home administrators employed in voluntary

nursing homes, each of whom shall have not less than five years'

experience in the care of chronically ill or infirm aged patients. Three

members shall be representative of the public and one member shall be

appointed from a college providing training for nursing home

administrators. A member's term shall expire upon a change of status.

Each member appointed from a profession requiring licensure or

registration to practice in the state shall be licensed or registered

except for those nursing home administrators first appointed to the

board who shall be required only to possess the qualifications and be

eligible for licensure as required by this article.

2. The term of office of the members shall be three years; provided

however, that of the members first appointed, three shall be appointed

for a term which shall expire on June thirtieth, nineteen hundred

seventy-one; four for a term which shall expire on June thirtieth,

nineteen hundred seventy-two; and four for a term which shall expire on

June thirtieth, nineteen hundred seventy-three; and provided however,

that of the members first appointed on the expansion of the board to

thirteen members, one shall be appointed for a term which shall expire

on June thirtieth, nineteen hundred seventy-four; and one for a term

which shall expire on June thirtieth, nineteen hundred seventy-six. No

member shall serve for more than two consecutive terms. Before entering

upon his term of office every board member shall file with the secretary

of state the constitutional oath of office. Vacancies in the membership

of the board, however created, shall be filled in the manner of the

original appointment by the commissioner for the unexpired term. Any

member may be removed by the commissioner for misconduct, incapacity,

incompetence, or neglect of duty.

3. Each member of the board shall receive a per diem allowance as

determined by the commissioner for the time spent in the performance of

his official duties and shall be reimbursed for all proper traveling and

incidental expenses in carrying out the provisions of this article.

4. The commissioner shall designate an officer or employee of the

department to act as secretary to the board, who shall not be a member

of the board.

5. The board at its first meeting to be held within thirty days after

appointment, and annually thereafter at its first meeting in each year,

shall organize and elect from its members a chairman.

6. The board, for the purpose of transacting its business, shall meet

at least once every six months at times and places designated by

resolution. Special meetings also may be held at such times as the board

may elect, or on the call of the commissioner. A written notice of the

time, place and purpose of any special meeting shall be mailed by the

secretary to all members of the board at least fifteen days before the

date of the meeting.

7. A majority of the members of the board shall constitute a quorum

for the transaction of business at any meeting.

8. The commissioner shall establish an advisory council, broadly

representative of the health professions and the public, to provide such

technical assistance as the board or the commissioner shall request.

Members shall serve without compensation but shall be reimbursed for

expenses actually and necessarily incurred in the performance of their

duties.