(2) The board consists of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be concerned with the care and treatment of the chronically ill or infirm elderly patients and must be residents of this state. Of the members of the board:

(a) Three must be nursing home administrators licensed under ORS 678.710 to 678.820;

(b) Three must be residential care facility administrators licensed under ORS 678.710 to 678.820, at least one of whom serves in a memory care community;

(c) One must be a physician licensed under ORS 677.100 to 677.228 who has expertise in geriatric care or care for persons with disabilities; and

(d) Two must be members of the public who are not:

(A) Otherwise eligible for appointment to the board; or

(B) A spouse, domestic partner, child, parent or sibling of a nursing home administrator or residential care facility administrator.

(3)(a) Board members required to be nursing home administrators and residential care facility administrators may be selected by the Governor from a list of three to five nominees submitted by any professional organization representing those professions.

(b) Except for those persons described in paragraph (a) of this subsection, a member of the board may not have a direct financial interest in a nursing home or residential care facility.

(c) No more than two of the members of the board may be officials or full-time employees of state or local governments.

(d) At least one public member must be at least 62 years of age.

(e) Public members of the board may not hold any pecuniary interest in, or have any employment contract with, a nursing home or residential care facility.

(f) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

(A) Geographic areas of this state, ensuring that at least one member is from a rural area; and

(B) Ethnicity.

(4)(a) The term of office of each member is three years but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause the Governor shall make an appointment to become immediately effective for the unexpired term.

(b) A board member shall be removed immediately from the board if, during the member’s term, the member:

(A) Is not a resident of this state;

(B) Has been absent from three consecutive board meetings, unless at least one absence is excused;

(C) Is not a licensed nursing home administrator or a retired nursing home administrator whose license as a nursing home administrator was in good standing at the time of retirement, if the member was appointed to serve on the board as a nursing home administrator; or

(D) Is not a licensed residential care facility administrator or a retired residential care facility administrator whose license as a residential care facility administrator was in good standing at the time of retirement, if the member was appointed to serve on the board as a residential care facility administrator.

(5) The members of the board are entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [1971 c.663 §3; 1973 c.58 §2; 1973 c.792 §35; 1975 c.234 §1; 1979 c.500 §1; 2009 c.535 §13; 2009 c.768 §3a; 2013 c.568 §42; 2017 c.409 §28; 2018 c.61 §9]