(1) (a) The board of examiners of nursing home administrators is hereby created in the division. The board is composed of the following members appointed by the governor:
(I) Three members who are practicing nursing home administrators duly licensed under this article 265, at least one of whom shall be from nonprofit facility administration; and (II) Two members representative of the public at large.
(b) No more than three of the members of the board shall be officials or full-time employees of state government or local governments. The term of office for each member of the board shall be four years. No member of the board shall serve more than two consecutive terms. All the members of the board shall be residents of this state.
(2) (a) A nursing home administrator is qualified to be appointed to the board if the person:
Is a legal resident of Colorado;
Is currently licensed as a nursing home administrator; and
Has been actively engaged as a licensed nursing home administrator for at leastthree years.
(b) Notwithstanding subsection (2)(a) of this section, a person convicted of a felony in Colorado or any other state or of violating this article 265 or any law governing the practice of nursing home administration shall not be appointed to or serve on the board.
(3) (a) The governor shall make appointments to the board. In making an appointment to fill a vacancy on the board in the position of, or to fill the remainder of an unexpired term for, a nursing home administrator who is from nonprofit facility administration, as required by subsection (1)(a)(I) of this section, if the governor, after a good-faith attempt, is unable to find a nursing home administrator candidate who comes from nonprofit facility administration to fill the vacancy or complete the unexpired term, the governor may appoint any qualified nursing home administrator to complete the unexpired term or fill the vacancy in that board position. If the appointment is to fill a vacancy, the board member may serve the full term and is eligible for appointment for a second term.
(b) The governor may remove any board member for negligence, incompetency, unprofessional conduct, or willful misconduct. Actions constituting neglect of duty include but are not limited to three unexcused absences from scheduled meetings in any one calendar year. The governor shall fill a vacancy in the membership of the board for the remainder of the unexpired term. A member who is a practicing nursing home administrator or long-term care professional shall serve for a full term only if, during the term, the member is actively employed as a practicing member of his or her profession without a lapse of employment greater than one hundred twenty days.
The board shall elect annually from its membership a chair and vice-chair. The boardshall hold two or more meetings each year. At any meeting a majority shall constitute a quorum.
The board shall exercise its powers and perform its duties and functions specified bythis article 265 under the department, the executive director, and the division as if the same were transferred to the department by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24.
The director of the division may appoint, subject to section 13 of article XII of thestate constitution, a program director for the board. The program director shall not be a member of the board, but shall have the powers and shall perform the duties prescribed by law and the rules of the board. Additional staff may be appointed by the director of the division to adequately assist the board and the program director in keeping records and in the performance of their duties. These employees, if any, shall be appointed and serve in accordance with section 13 of article XII of the state constitution.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1377, § 1, effective October 1.
Editor's note: Subsection (1) is similar to former § 12-39-104 (1); subsection (2) is similar to former § 12-39-104.5; subsection (3) is similar to former § 12-39-104 (2); subsection (4) is similar to former § 12-39-104 (3); subsection (5) is similar to former § 12-39-104 (4); and subsection (6) is similar to former § 12-39-104 (5), as those sections existed prior to 2019.