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This entry was published on 2014-09-22
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SECTION 6508
Assistance by state boards for the professions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 130*, SUBARTICLE 2
§ 6508. Assistance by state boards for the professions. 1. A board for
each profession shall be appointed by the board of regents on the
recommendation of the commissioner for the purpose of assisting the
board of regents and the department on matters of professional
licensing, practice, and conduct. The composition of each board shall be
as prescribed in the article relating to each profession. Within each
board a committee on licensing may be appointed by the board chairman.

Except as provided in paragraph (a) of this subdivision, the
membership of each professional licensing board shall be increased by
one member, and each such board shall have at least one public
representative who shall be selected by the board of regents from the
general public.

a. The membership of the professional licensing boards created under
sections sixty-five hundred twenty-three, sixty-eight hundred four,
sixty-nine hundred three, and seventy-four hundred three of this chapter
shall be increased by two members, and each such board shall have at
least two public representatives, who shall be selected by the board of
regents from the general public.

b. For the purposes of this title, a "public representative" shall be
a person who is a consumer of services provided by those licensed or
otherwise supervised or regulated by the boards created hereunder, and
shall not be, nor within five years immediately preceding appointment
have been:

(i) a licensee or person otherwise subject to the supervision or
regulation of the board to which appointed; or

(ii) a person maintaining a contractual relationship with a licensee
of such board, which would constitute more than two percentum of the
practice or business of any such licensee, or an officer, director, or
representative of such person or group of persons.

2. Each board, or its committee on licensing, shall select or prepare
examinations, may conduct oral and practical examinations and
reexaminations, shall fix passing grades, and assist the department in
other licensing matters as prescribed by the board of regents.

3. Each board shall conduct disciplinary proceedings as prescribed in
this article and shall assist in other professional conduct matters as
prescribed by the board of regents.

4. Members of each board shall be appointed by the board of regents
for five-year terms except that the terms of those first appointed shall
be arranged so that as nearly as possible an equal number shall
terminate annually. A vacancy occurring during a term shall be filled by
an appointment by the board of regents for the unexpired term. Each
state professional association or society may nominate one or more
candidates for each appointment to be made to the board for its
profession, but the board of regents shall not be required to appoint
candidates so nominated. Former members of a board may be re-appointed
by the board of regents, on the recommendation of the commissioner, to
serve as members of the board solely for the purposes of disciplinary
proceedings, proceedings relating to the moral character of an applicant
for licensure, and proceedings relating to applications for the
restoration of a professional license. In addition, each board shall
establish a roster of auxiliary members from candidates nominated by
professional associations or societies for appointment by the board of
regents, on the recommendation of the commissioner, to serve as members
of the board solely for the purposes of disciplinary proceedings,
proceedings relating to the moral character of an applicant for
licensure, and proceedings relating to applications for the restoration
of a professional license.

5. Each member of a board shall receive a certificate of appointment,
shall before beginning his term of office file a constitutional oath of
office with the secretary of state, shall receive up to one hundred
dollars as prescribed by the board of regents for each day devoted to
board work, and shall be reimbursed for his necessary expenses. Any
member may be removed from a board by the board of regents for
misconduct, incapacity or neglect of duty.

6. Each board shall elect from its members a chairman and
vice-chairman annually, shall meet upon call of the chairman or the
department, and may adopt bylaws consistent with this title and approved
by the board of regents. A quorum for the transaction of business by the
board shall be a majority of members but not less than five members.

7. An executive secretary to each board shall be appointed by the
board of regents on recommendation of the commissioner. Such executive
secretary shall not be a member of the board, shall hold office at the
pleasure of, and shall have the powers, duties and annual salary
prescribed by the board of regents.