(a) There is hereby created a council within the board to be known as the council for licensing hearing instrument specialists, with the duties and powers as provided in § 63-17-203.

(b)

(1) The council shall consist of five (5) members, to be appointed by the governor. Such members shall possess the following qualifications:

(A) Three (3) members shall be qualified hearing instrument specialists and fitters of hearing instruments who have been duly licensed as such in Tennessee, and who are certified by the National Board for Certification — Hearing Instrument Sciences. Such members may be appointed from lists of qualified persons submitted to the governor by interested audiology groups including, but not limited to, the Tennessee Hearing Aid Society. The governor shall consult with such interested groups to determine qualified persons to fill the positions;

(B) One (1) member shall be a physician who has been duly licensed to practice medicine in Tennessee, and who has received certification from the American Council of Otolaryngology. The member may be appointed from lists of qualified persons submitted to the governor by interested medical groups including, but not limited to, the Tennessee Medical Association. The governor shall consult with such interested groups to determine a qualified person to fill the position; and

(C) One (1) member shall be a person who has been a user of hearing instruments for a period of at least five (5) years preceding that person's appointment to the council and who shall never have been engaged in the practice of hearing instrument dispensing and fitting, audiology or medicine.

(2) In order that the terms may be appropriately staggered, initial appointments to the council are for the following terms: one (1) member appointed pursuant to subdivision (b)(1)(A) shall be appointed to a term of one (1) year; one (1) member appointed pursuant to subdivision (b)(1)(A) shall be appointed for a term of two (2) years; one (1) member appointed pursuant to subdivision (b)(1)(A) shall be appointed for a term of four (4) years; the member appointed pursuant to subdivision (b)(1)(B) shall be appointed to a term of three (3) years; and the member appointed pursuant to subdivision (b)(1)(C) shall be appointed to a term of four (4) years. Thereafter, each member appointed to the council shall be appointed to a term of five (5) years. No person is eligible to serve successive terms on the council; provided, that those members appointed to a one- or two-year term under this subsection (b) are eligible to succeed themselves for one (1) successive five-year term. In the event of a vacancy on the council, the governor shall appoint a person qualified under the appropriate subdivision of this subsection (b) to fill the unexpired vacancy. The initial appointments to the council shall include the current and immediate past board chair of the licensing board of hearing aid dispensers. In making appointments to the council, the governor shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older and that at least one (1) person serving on the council is a member of a racial minority.

(c) Each member of the council shall receive fifty dollars ($50.00) per diem expenses when actually engaged in the discharge of such member's official duties and, in addition, shall be reimbursed for attending any meeting of the council within this state, in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

(d) Such council shall be administratively attached to the board of communications disorders and sciences and the division of health related boards.