(a)

(1) There is created the Arkansas State Board of Acupuncture and Related Techniques. The board shall consist of five (5) persons appointed by the Governor as full members and one (1) person appointed by the Governor as an ex officio member.

(2) Three (3) full members of the board shall be qualified acupuncturists.

(3)

(A) Two (2) full members shall be appointed to represent the public and shall not have practiced acupuncture and related techniques in this or any other jurisdiction nor be retired from or have any financial interest in the occupation regulated.

(B) The public members shall be subject to confirmation by the Senate.

(C) The public members shall be full voting members but shall not participate in the grading of examinations.

(4)

(A) The ex officio member shall be a physician licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and shall be entitled to be notified of all board meetings and to participate in the deliberations of the board.

(B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business.

(5)

(A) On a biennial basis beginning in October 2010, the board shall file a written report with the House Committee on Public Heath, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(B) The report shall contain a certified copy of the minutes of all board meetings as required by § 17-102-205 for the calendar years 2009 through October 2010 and thereafter covering the period of time since the last report.

(C) The report shall contain a comprehensive assessment of the board's functionality, including without limitation staff and office site adequacy and any other information as may be requested by the committees sufficient for the committees to make a recommendation to the Governor regarding whether the board should be continued or whether the board should be disbanded and abolished in accordance with a proclamation issued by the Governor.

(b) (1) The initial full members of the board shall be appointed by the Governor for staggered terms as follows:

(A) One (1) member's term shall expire after one (1) year;

(B) One (1) member's term shall expire after two (2) years; and

(C) One (1) member's term shall expire after three (3) years.

(2) Of the two (2) additional members appointed pursuant to Acts 1999, No. 536, one (1) shall be appointed for a two-year term and the other for a three-year term.

(3) The initial ex officio board member shall be appointed to a term of three (3) years.

(4) Successors shall be appointed for three-year terms.

(5) Vacancies shall be filled by appointment by the Governor for the unexpired term.

(6) Board members shall serve until their successors have been appointed and qualified.

(c) The Governor may remove any full member from the board for any reason that would justify the suspension or revocation of his or her license to practice acupuncture and related techniques.

(d) A person who is or has been in the preceding two (2) years on the faculty of a school which is subject to review by the board may not serve on the board.