335.036. Duties of board--fees set, how--fund, source, use, funds transferred from, when--rulemaking. - Missouri Statutes

Duties of board--fees set, how--fund, source, use, funds transferredfrom, when--rulemaking.

335.036. 1. The board shall:

(1) Elect for a one-year term a president and a secretary, who shallalso be treasurer, and the board may appoint, employ and fix thecompensation of a legal counsel and such board personnel as defined insubdivision (4) of subsection 10 of section 324.001, RSMo, as are necessaryto administer the provisions of sections 335.011 to 335.096;

(2) Adopt and revise such rules and regulations as may be necessaryto enable it to carry into effect the provisions of sections 335.011 to335.096;

(3) Prescribe minimum standards for educational programs preparingpersons for licensure pursuant to the provisions of sections 335.011 to335.096;

(4) Provide for surveys of such programs every five years and inaddition at such times as it may deem necessary;

(5) Designate as "approved" such programs as meet the requirements ofsections 335.011 to 335.096 and the rules and regulations enacted pursuantto such sections; and the board shall annually publish a list of suchprograms;

(6) Deny or withdraw approval from educational programs for failureto meet prescribed minimum standards;

(7) Examine, license, and cause to be renewed the licenses of dulyqualified applicants;

(8) Cause the prosecution of all persons violating provisions ofsections 335.011 to 335.096, and may incur such necessary expensestherefor;

(9) Keep a record of all the proceedings; and make an annual reportto the governor and to the director of the department of insurance,financial institutions and professional registration;

(10) Establish an impaired nurse program.

2. The board shall set the amount of the fees which this chapterauthorizes and requires by rules and regulations. The fees shall be set ata level to produce revenue which shall not substantially exceed the costand expense of administering this chapter.

3. All fees received by the board pursuant to the provisions ofsections 335.011 to 335.096 shall be deposited in the state treasury and beplaced to the credit of the state board of nursing fund. Alladministrative costs and expenses of the board shall be paid fromappropriations made for those purposes.

4. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue until the amount in the fund at the end ofthe biennium exceeds two times the amount of the appropriation from theboard's funds for the preceding fiscal year or, if the board requires byrule, permit renewal less frequently than yearly, then three times theappropriation from the board's funds for the preceding fiscal year. Theamount, if any, in the fund which shall lapse is that amount in the fundwhich exceeds the appropriate multiple of the appropriations from theboard's funds for the preceding fiscal year.

5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thischapter shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.

(L. 1975 S.B. 108 § 6, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, S.B. 452, A.L. 1999 H.B. 343, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2008 S.B. 788)