38-1215 Board; members; terms; meetings; removal.
38-1215. Board; members;terms; meetings; removal.(1) The board shallhave seventeen members appointed by the Governor with the approval of a majorityof the Legislature. The appointees may begin to serve immediately followingappointment and prior to approval by the Legislature.(2)(a) Seven members of the board shall be active out-of-hospitalemergency care providers at the time of and for the duration of their appointment,and each shall have at least five years of experience in his or her levelof licensure at the time of his or her appointment or reappointment. Of the seven members who are out-of-hospitalemergency care providers, two shallbe first responders or emergencymedical responders, two shall be emergency medical technicians,one shall be an emergency medical technician-intermediate or an advanced emergency medical technician,and two shall be emergency medical technicians-paramedic or paramedics.(b) Three of the members shall be qualified physicians activelyinvolved in emergency medical care. At least one of the physician membersshall be a board-certified emergency physician.(c) Five members shall be appointed to include one memberwho is a representative of an approved training agency, one member who isa physician assistant with at least five years of experience and active inout-of-hospital emergency medical care education, one member who is a registerednurse with at least five years of experience and active in out-of-hospitalemergency medical care education, and two public members who meet the requirementsof section 38-165 and who have an expressed interest in the provision of out-of-hospitalemergency medical care.(d) The remaining two members shall have any of the qualificationslisted in subdivision (a), (b), or (c) of this subsection.(e) In addition to any other criteria for appointment, amongthe members of the board there shall be at least one member who is a volunteeremergency medical care provider, at least one member who is a paid emergencymedical care provider, at least one member who is a firefighter, at leastone member who is a law enforcement officer, and at least one member who isactive in the Critical Incident Stress Management Program. If a person appointedto the board is qualified to serve as a member in more than one capacity,all qualifications of such person shall be taken into consideration to determinewhether or not the diversity in qualifications required in this subsectionhas been met.(f) At least five members of the board shall be appointedfrom each congressional district, and at least one of such members shall bea physician member described in subdivision (b) of this subsection.(3) Members shall serve five-year terms beginning on December1 and may serve for any number of such terms. The terms of the members ofthe board appointed prior to December 1, 2008, shall be extended by two yearsand until December 1 of such year. Each member shall hold office until theexpiration of his or her term. Any vacancy in membership, other than by expirationof a term, shall be filled within ninety days by the Governor by appointmentas provided in subsection (2) of this section.(4) Special meetings of the board may be called by the departmentor upon the written request of any six members of the board explaining thereason for such meeting. The place of the meetings shall be set by the department.(5) The Governor upon recommendation of the department shallhave power to remove from office at any time any member of the board for physicalor mental incapacity to carry out the duties of a board member, for continuedneglect of duty, for incompetency, for acting beyond the individual member'sscope of authority, for malfeasance in office, for any cause for which a professionalcredential may be suspended or revoked pursuant to the Uniform CredentialingAct, or for a lack of license required by the Emergency Medical Services PracticeAct.(6) Except as provided in subsection (5) of this sectionand notwithstanding subsection (2) of this section, a member of the boardwho changes his or her licensure classification after appointment or has a licensure classification whichis terminated under section 38-1217 when such licensure classificationwas a qualification for appointment shall be permitted to continue to serveas a member of the board until the expiration of his or her term. SourceLaws 1997, LB 138, § 5; Laws 1998, LB 1073, § 146; Laws 2004, LB 821, § 18; R.S.Supp.,2006, § 71-5176; Laws 2007, LB463, § 499; Laws 2009, LB195, § 12. Cross ReferencesCritical Incident Stress Management Program, see section 71-7104.