(1) There is hereby created the Colorado traumatic brain injury trust fund board within the state department of human services. The board shall exercise its powers and duties as if transferred by a type 2 transfer.

(2) The board shall be composed of:

(a) The executive director of the state department of human services or the executive director's designee;

(b) The president of a state brain injury association or the president's designee, who shall be appointed by the executive director of the state department of human services;

(c) The executive director of the department of public health and environment or the executive director's designee; and

(d) No more than ten additional persons with an interest and expertise in the area of traumatic brain injury whom the governor shall appoint with the consent of the senate. The additional board members may include, but need not be limited to, any combination of the following professions or associations with traumatic brain injury:

(I) Physicians with experience and strong interest in the provision of care to persons with traumatic brain injuries, including but not limited to neurologists, neuropsychiatrists, physiatrists, or other medical doctors who have direct experience working with persons with traumatic brain injuries;

(II) Social workers, nurses, neuropsychologists, or clinical psychologists who have experience working with persons with traumatic brain injuries;

(III) Rehabilitation specialists, such as speech pathologists, vocational rehabilitation counselors, occupational therapists, or physical therapists, who have experience working with persons with traumatic brain injuries;

(IV) Clinical research scientists who have experience evaluating persons with traumatic brain injuries;

(V) Civilian or military persons with traumatic brain injuries or family members of such persons with traumatic brain injuries;

(VI) Persons whose expertise involves work with children with traumatic brain injuries; or

(VII) Persons who have experience and specific interest in the needs of and services for persons with traumatic brain injuries.

(3) Board members shall not be compensated for serving on the board, but may be reimbursed for all reasonable expenses related to such members' work for the board.

(4) Initial appointments to the board shall be made no later than March 1, 2003. The terms of appointed board members shall be three years; except that the terms of the appointed members who are initially appointed shall be staggered by the governor to end as follows:

(a) Four members on June 30, 2004;

(b) Three members on June 30, 2005; and

(c) Three members on June 30, 2006.

(5) No member may serve more than two consecutive terms.

(6) The appointed members of the board shall, to the extent possible, represent rural and urban areas of the state.

(7) The board shall annually elect, by majority vote, a chairperson from among the board members who shall act as the presiding officer of the board.

(8) (a) The board shall promulgate reasonable policies and procedures pertaining to the operation of the trust fund.

(b) The board may contract with entities to provide all or part of the services described in this part 3 for persons with traumatic brain injuries.

(c) The board may accept and expend gifts, grants, and donations for operation of the program.

(d) The board shall use trust fund moneys collected pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e), C.R.S., to provide direct services to persons with traumatic brain injuries, support research, and support education grants to increase awareness and understanding of issues and needs related to traumatic brain injury.

(9) Articles 4, 5, and 6 of title 25.5, C.R.S., shall not apply to the promulgation of any policies or procedures authorized by subsection (8) of this section.