Section 6508. Assistance by state boards for the professions


Latest version.
  • 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.