(a) A board is created, which shall be known as the board of respiratory care. This board shall consist of eight (8) members, who shall be appointed by the governor in the manner and for the terms of office as provided in this section.

(b) The board shall be composed of four (4) members who are respiratory care practitioners holding a credential from the National Board for Respiratory Care, at least two (2) of whom shall be registered respiratory therapists; one (1) member who is a currently practicing physician having expertise in pulmonary medicine; one (1) member who is a hospital administrator; one (1) member who is a hospital employee licensed as a registered respiratory therapist; and one (1) citizen member who is not commercially or professionally associated with the health care field.

(c) Each member of the board shall:

(1) Be a resident of Tennessee for at least one (1) year immediately preceding appointment and during the member's term;

(2) Be currently licensed in good standing in Tennessee, in the case of a professional member; and

(3) Have had at least three (3) years of experience in that profession (in the case of a professional member).

(d) The governor may consider for appointment to the board the names of qualified persons recommended by interested respiratory care groups, including, but not limited to, the professional organizations for each profession represented on the board. The Tennessee Society for Respiratory Care may submit a list of three (3) names for each position to be filled by a respiratory care practitioner. The Tennessee Medical Association may submit a list of three (3) names for the position to be filled by a physician having expertise in pulmonary medicine. The Tennessee Hospital Association (THA), an association of hospitals and health systems, may submit a list of three (3) names for the position to be filled by a hospital administrator and a list of three (3) names for the position to be filled by a hospital employee licensed as a registered respiratory therapist. The governor shall consult with the interested respiratory care groups to determine qualified persons to fill the positions.

(e) Each member shall serve a term of three (3) years, except that initially the members of the council on respiratory care shall become members of the board and shall remain members of the board until their terms on the council on respiratory care would have expired. The governor shall stagger the terms of the remaining members appointed to the board, so that the terms of either two (2) or three (3) members shall expire each year. A vacancy occurring on the board shall be filled by the board itself for the unexpired term of that member. At or before the expiration of a member's term, an organization named in subsection (d) may submit three (3) names to the governor for appointment to that position. Each member shall serve until a successor is appointed. Members are eligible for reappointment to successive terms.

(f) In making appointments to the board, the governor shall strive to ensure that at least one (1) member is sixty (60) years of age or older, that at least one (1) member is a member of a racial minority, and that the gender balance of the board reflects the gender balance of the state's population.

(g) Each member shall be reimbursed for actual expenses incurred in the performance of official duties on the board, and in addition thereto, shall be entitled to a per diem of fifty dollars ($50.00) for each day's services in conducting the business of the board. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

(h) Annually, the board shall choose a chair and a secretary from among its members.

(i) The board shall hold at least one (1) regular meeting each year and such other meetings as the board determines necessary to conduct its business.

(j) A majority of the members of the board shall constitute a quorum for the transaction of business. No action of the board shall be valid unless approved by a majority of members present at a meeting at which there is a quorum.

(k) The governor has the power to remove from office any member of the board for neglect of duties required by this chapter, for malfeasance in office, for incompetence, or for unprofessional conduct.

(l) The board shall deposit all moneys received by the board into the state treasury, and the department shall make such allotments out of the board's account in the general fund as the department deems proper for the necessary expenses of the board.

(m) The division shall provide administrative, investigatory, and clerical services to the board as are necessary to implement and enforce this chapter.

(n) On and after January 1, 1999, the board shall assume and fulfill all powers and duties heretofore assigned to the council on respiratory care and the board of medical examiners, and the rules heretofore adopted by the council on respiratory care and the board of medical examiners shall become the rules of the board on January 1, 1999, without further action by the board. The board shall consult with respiratory care professional organizations in the development of any additional regulations.