32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation

A. The acupuncture board of examiners is established consisting of the following members who are appointed by the governor:

1. Through January 16, 2022, four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.

2. Through January 17, 2022, three consumers who:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

(c) Demonstrate an interest in health issues in this state.

3. Through January 17, 2022, two members who are licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter.

4. Beginning January 17, 2022, one member who is certified or licensed to practice auricular acupuncture or acupuncture pursuant to this chapter.

5. Beginning January 20, 2022, three members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.

6. For appointments made on or after January 18, 2022, two consumers who meet all of the following:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

(c) Demonstrate an interest in health issues in this state.

7. For appointments made on or after January 18, 2022, one member who is licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Board members shall be residents of this state for at least one year immediately preceding their appointment.

D. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.

E. The board shall meet in January of each year to elect a chairperson and vice chairperson.

F. The board shall meet quarterly and at the call of the chairperson or a majority of board members.

G. Board members are eligible to receive compensation in an amount not to exceed $50 per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings.

H. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties.

I. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments.

J. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.