(1) There is created the Board of Nursing and Certified Nurse Midwives that consists of the following members: (a) five nurses in a manner as may be further defined in division rule; (b) two nurse midwives as defined in Section 58-44a-102; and (c) two members of the public. (2) The board shall be appointed and serve in accordance with Section 58-1-201. (3) The board shall: (a) carry out the duties and responsibilities described in Sections 58-1-202 and 58-1-203 with respect to this chapter and Chapter 44a, Nurse Midwife Practice Act; and (b) recommend to the division minimum standards for educational programs qualifying a person for licensure or certification under this chapter and Chapter 44a, Nurse Midwife Practice Act; (c) recommend to the division denial, approval, or withdrawal of approval regarding educational programs that meet or fail to meet the established minimum standards; and (d) designate one of its members on a permanent or rotating basis to: (i) assist the division in reviewing complaints concerning the conduct of an individual licensed under this chapter or Chapter 44a, Nurse Midwife Practice Act; and (ii) advise the division in its investigation of these complaints. (4) A board member who has, under Subsection (3)(d), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
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