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This entry was published on 2014-09-22
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SECTION 2896-A
Board of examiners of nursing home administrators
Public Health (PBH) CHAPTER 45, ARTICLE 28-D, TITLE 2
§ 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.