1. There is hereby created within the division of professional registration a board to be known as the “Missouri Board for Respiratory Care”. The board shall consist of seven members, all of whom shall be citizens of the United States, eighteen years of age or older and residents and registered voters of the state of Missouri for at least one year. The governor shall appoint the members of the board with the advice and consent of the senate for terms of three years except as provided in subsection 2 of this section. No more than four members on the board may be from the same political party. No member of the board shall serve more than two consecutive three-year terms. The members of the boards shall consist of one physician, one public member, one hospital administrator and four respiratory care practitioners.

2. The terms of the first board shall be:

Terms Used In Missouri Laws 334.830

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • board: means the state board of registration for the healing arts in the state of Missouri. See Missouri Laws 334.020
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • United States: includes such district and territories. See Missouri Laws 1.020
  • voter: is used in the laws of this state it shall mean registered voter, or legal voter. See Missouri Laws 1.035

(1) The physician and one registered respiratory therapist for one year;

(2) The public member, the certified respiratory therapy technician and one registered respiratory therapist for two years; and

(3) The hospital administrator and one registered respiratory therapist for three years.

3. The physician member of the board shall be licensed pursuant to chapter 334, have an interest and knowledge in the diagnosis and treatment of the deficiencies, abnormalities and diseases of the cardiopulmonary or respiratory systems.

4. The public member of the board shall be a registered voter and a person who is not, and never has been, a member of the profession regulated by the provisions of sections 334.800 to 334.930, or the spouse of any such person; and a person who does not have and never has had a material financial interest in either the providing of the professional services regulated by the provisions of sections 334.800 to 334.930 or an activity or organization directly related to the profession regulated pursuant to sections 334.800 to 334.930. The duty of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or the technical competence or technical judgment of a licensee or a candidate for licensure.

5. The hospital administrator member shall be employed as a hospital administrator in this state.

6. The certified respiratory therapy technician and registered respiratory therapists shall each have at least five years of active experience as a provider or teacher of respiratory care as the person’s principal livelihood and shall be licensed, or in the case of the first board, registered, with the state of Missouri as a respiratory care practitioner.

7. Any member of the board may be removed from the board by the governor for neglect of duty required by law, for incompetency, or for unethical or dishonest conduct. Upon the death, resignation, disqualification or removal of any member of the board, the governor shall appoint a successor, within sixty calendar days after the vacancy occurs, to fill the vacancy for the remainder of the unexpired term.