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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2162 |
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AN ACT
Amending section 36-446.02, Arizona Revised Statutes; relating to nursing care institution administrators and assisted living facility managers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-446.02, Arizona Revised Statutes, is amended to read:
36-446.02. Board of examiners; terms; meetings; quorum; effect of vacancies; compensation
A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven nine members appointed by the governor.
B. The board shall include one administrator of a nonprofit faith based skilled nursing facility, one administrator of a proprietary skilled nursing facility, two managers of an assisted living center as defined in section 36‑401, who are not currently affiliated with a nursing care institution, two managers of an assisted living home as defined in section 36‑401, who are not currently affiliated with a nursing care institution, one manager at large not currently affiliated with a nursing care institution, two members representative of the professions concerned with the care and treatment of the chronically ill or infirm elderly patients and two public members not currently affiliated with a nursing care institution or an assisted living facility.
B. The board shall include:
1. One administrator who holds an active license issued pursuant to this article.
2. One manager who holds an active license issued pursuant to this article.
3. One administrator of a nonprofit or faith‑based skilled nursing facility.
4. One administrator of a proprietary skilled nursing facility.
5. Two managers of an assisted living center as defined in section 36‑401.
6. One manager of an assisted living home as defined in section 36‑401.
7. Two public members who are not affiliated with a nursing care institution or an assisted living facility.
C. The noninstitutional administrative board members of the board who are not affiliated with a nursing care institution or an assisted living facility shall not have no a direct financial interest in nursing care institutions or assisted living facilities.
D. A board member shall not serve on any other board relating to long‑term care during the member's term with the board.
E. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board. The board shall notify the governor of the board vacancy.
F. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three year terms.
G. No A board member shall not serve for more than two consecutive two year terms.
G. H. The board shall meet at least twice a year.
H. I. A majority of the board members constitutes a quorum.
I. J. Board members of the board are eligible to receive compensation as determined pursuant to section 38‑611 for each day actually spent performing their duties under this chapter.
J. K. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty per cent of board meetings over the course of one calendar year vacates the board member's position. The board shall notify the governor of the vacancy.
Sec. 2. Retention of members
Notwithstanding section 36-446.02, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of examiners of nursing care institution administrators and assisted living facility managers on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
Sec. 3. Staggered board terms
Notwithstanding section 36‑446.02, Arizona Revised Statutes, as amended by this act, when a vacancy occurs on the board of examiners of nursing care institution administrators and assisted living facility managers, either before or at the end of a full board member term, the governor shall fill that vacancy by appointing a qualified person to a term of either one, two or three years as necessary to provide for staggered board member terms. The governor shall make all subsequent appointments as prescribed by statute.