1. There is hereby established the “Missouri Board of Examiners for Hearing Instrument Specialists”, which shall guide, advise and make recommendations to the division. The council for hearing aid dealers and fitters is abolished. Nothing herein shall be construed to prevent the appointment of any current member of the council for hearing aid dealers and fitters to the Missouri board of examiners for hearing instrument specialists upon August 28, 1995.

2. Members of the board shall be United States citizens and residents of the state for a period of not less than one year. The board shall consist of five hearing instrument specialists, one otolaryngologist, one voting public member and one audiologist holding a certificate of clinical competence and licensed pursuant to chapter 345. Each hearing instrument specialist on the board shall have no less than five years of experience in the practice of fitting hearing instruments and shall hold a valid license as a hearing instrument specialist as provided in sections 346.010 to 346.250.

3. Each member of the board shall be appointed by the governor with the advice and consent of the senate. The term of office of each member shall be for four years, except that the first board appointed shall consist of two members, one of which shall be the public member, whose terms shall be for four years, two members whose terms shall be for three years, two members whose terms shall be for two years and two members whose terms shall be for one year. Upon the expiration of a member’s term, the governor shall appoint a successor. The members of the board shall annually designate one member to serve as chairperson and another to serve as vice chairperson. Upon the absence of the chairperson, the vice chairperson shall assume the duties of the chairperson.

4. No member of the board who has served a full term may be reappointed to the board until at least one year after the expiration of the member’s term of office.

5. Each member of the board shall receive as compensation an amount set by the division for each day devoted to the affairs of the board and shall be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s duties.

6. The public member shall be at the time of appointment a citizen of the United States, a resident of this state for a period of one year and a registered voter; a person who is not, and never was, a member of any profession licensed or regulated under this chapter or the spouse of 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 this chapter, or any activity or organization directly related to any profession licensed or regulated under this chapter. The duties 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 of the technical competence or technical judgment of a licensee or a candidate for licensure.

7. No member of the board shall use his or her position on the board to advance any financial or material interest the member may have in the provision of professional services regulated by sections 346.010 to 346.250. Members of the board may be removed from office for cause. Upon death, resignation or removal from office of any member of the board, any such vacancy shall be filled by the governor.

8. The board may sue and be sued as the Missouri board of examiners for hearing instrument specialists, and its members need not be named as parties. Members of the board shall not be personally liable, either jointly or severally, for any act committed in the performance of their official duties as board members, nor shall any board member be personally liable for any costs which accrue in any action by or against the board.