(1) There is created the Board of Nursing that consists of the following 11 members:

1. (a) nine nurses in a manner as may be further defined in division rule; and
2. (b) two members of the public.

(3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and 58-1-203 and shall:

1. (a)

   1. (i) recommend to the division minimum standards for educational programs qualifying a person for licensure or certification under this chapter;
   2. (ii) recommend to the division denial, approval, or withdrawal of approval regarding educational programs that meet or fail to meet the established minimum standards; and

   3. (iii) designate one of its members on a permanent or rotating basis to:

      1. (A) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
      2. (B) advise the division in its investigation of these complaints.
2. (b) A board member who has, under Subsection (3)(a)(iii), reviewed a complaint or advised in its investigation may be disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

(4)

1. (a) The director shall appoint an individual to serve as an ex officio member of the Board of Nursing to represent the position of the division in matters considered by the board.
2. (b) The ex officio member shall be a licensed registered nurse, shall have earned a masters degree in nursing, and shall have a minimum of five years of experience working in nursing administration or nursing education.