McCaleb, 010280 MSAGO, 19800102

Docket Nº:19800102
Case Date:January 02, 1980
Court:South Carolina
Mrs. Pat McCaleb, R.N.
No. 19800102
Mississippi Attorney General Opinions
January 2, 1980
         Opinion, Legal Composition of Board          Mrs. Pat McCaleb, R.N.          President          Mississippi Board of Nursing          135 Bounds Street          Jackson, Mississippi 39206          Dear Mrs. McCaleb:          Attorney General Summer has received your letter of request dated November 5, 1979, on behalf of the Mississippi Board of Nursing, and has assigned it to the undersigned for research and reply.          Your question is as follows:
         “If appointments should be made by the Governor prior to thirty days before expiration of the term for a position and prior to submission of a list of nominees by the professional association, may such appointees serve as legal members of the Mississippi Board of Nursing?”
         Section 73-15-9, Mississippi Code of 1972, provides for the composition of the Board and states in part:
         “(2) Members of the Mississippi Board of Nursing, excepting the state health officer, shall be appointed by the governor, with the advice and consent of the senate, from lists of nominees submitted by the Mississippi Nurses' Association for the nomination of a registered nurse and by the Mississippi Federation of Licensed Practical Nurses and the Mississippi Licensed Practical Nurses' Association for the nomination of a licensed practical nurse. Each list of nominees shall contain a minimum of three (3) names for each vacancy to be filled. The list of names shall be submitted at least thirty (30) days before the expiration of the term for each position. If such list is not submitted, the governor is authorized to make an appointment from the group affected and without nominations. Appointments made to fill vacancies for unexpired terms shall be for the duration of such terms and until a successor is duly appointed.

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