Primary Care Advisory Council Bylaws

Section I - Name

The name of this group shall be the Primary Care Advisory Council (PCAC) as identified in Nevada Administrative Code (NAC 439A.710) and shall be referred to hereinafter as “the Council.”

    Section II - Authority

    The Council is comprised of representatives from a variety of organizations and stakeholders in the private and public sector that have impact on the provision of primary and specialty care within Nevada, particularly in medically underserved areas. The recommendations of the Council are advisory only and shall be reported to the Administrator of the Division of Public and Behavioral Health (DPBH) through the Primary Care Office (PCO). The Administrator of the DPBH will report on the Council’s activities and recommendations to the Director of the Department of Health and Human Services.

      Section III - Mission

      The mission of the Council shall be to examine, consider, and make recommendations about the following issues as set forth in NAC 439A.715:The mission of the Council shall be to examine, consider, and make recommendations about the following issues as set forth in NAC 439A.715:
      A) The approval or denial of applications for letters of support filed with the Administrator pursuant to NAC 439A.725;
      B) The disposition of complaints submitted to the Physician Visa Waiver Program pursuant to NAC 439A.745; and
      C) The policies and procedures of the Physician Visa Waiver Program.

        Section IV - Members

        • Subsection A - Composition

        The Administrator of the DPBH shall appoint the members after consideration of recommendations from the Council. The Council shall consist of no more than seven members, with a quorum consisting of four members. The Council should include, when available, the following:

          • 1) A representative of the Nevada Primary Care Association, or a successor organization;
          • 2) A representative from a federally-qualified health center in this state;
          • 3) A representative from the Nevada Office of Rural Health within the University of Nevada School of Medicine;
          • 4) A representative from the Nevada State Medical Association, or its successor organization;
          • 5) A representative of health care professionals, with a preference for a physician who successfully completed an employment contract under the Physician Visa Waiver Program;
          • 6) Other representatives of the communities being served by the Physician Waiver Program.
        • Subsection B - Alternate Member

        If a member is unable to attend a meeting, he/she may designate a representative to serve in his/her stead. Any authorized designation must be made in writing or made on the record at a meeting of the public.

          • Subsection C - Term of Membership

          As set forth in NAC 439A.710(3), each Member shall serve a term of one to two years or until a successor is appointed by the Administrator of the DPBH. Members may serve consecutive terms. Member’s terms should be staggered so that the entire membership will not be replaced at any one time. In the event of a vacancy, the Administrator shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term, as set forth in NAC 439A.710(4).

            • Subsection D - Compensation

            Each member of the Council is responsible for their own expenses for travel and other costs related to membership. If the DPBH has monies available to reimburse all or part of these expenses/costs, it will do so at rates that do not exceed the State rates.

              • Subsection E - Staffing

              In addition to the regular voting members, the Administrator of the DPBH may appoint non-voting ex-officio members from the DPBH or other governmental entities responsible for primary care development and/or the J-1 Physician Visa Waiver program as described in NAC 439A.710(2). Staff will be provided by the DPBH for purposes of arranging the meetings, preparing agendas, taking the meeting minutes, and research needs within the availability of DPBH resources.

                • Subsection F - Voting

                Only members of the Council or authorized representatives as outlined in Subsection B shall be entitled to one vote on all business requiring action by the Council.

                  • Subsection G - Termination

                  Members who are absent from two consecutive meetings, and who do not notify a Chairperson in advance of their expected absence or send an alternate, can be terminated from Council membership by the Administrator of the DPBH.

                    Section V - Officers and Conflict of Interest

                    • Subsection A - Composition

                    There shall be the following officers of the Council: one Chairperson and one Vice Chairperson who shall be selected by the members of the PCAC.

                      • Subsection B - Duties of Officer

                      The Chairperson shall preside at meetings and report the activities and recommendations to the DPBH. The Chairperson may appoint another member to act in his or her absence. The Chairperson may appoint subcommittees and assign tasks to the members or subject matter experts, as necessary, to fulfill the purposes of the Council. The Vice Chairperson shall carry out the duties of the Chairperson in his or her absence.

                        • Subsection C - Term of Office

                        A Chairperson and Vice Chairperson may serve two years or until successors are elected by a majority of the members, and may serve consecutive terms.

                          • Subsection D - Conflicts of Interest

                          The DPBH may consider any possible conflicts of interest when considering recommendations from the Council, and members are to declare any known conflict of interest.

                            Section VI - Meetings

                            • Subsection A - Regular

                            The Council shall meet at least annually. The meetings shall be held at a time, date, and place as arranged by the DPBH.  The Council shall meet as necessary, if time critical issues warrant such a meeting.  A deputy attorney general, from the Office of the Attorney General, will serve as legal counsel to the Council.  Members shall submit proposed agenda topics to the DPBH before the scheduled meeting.

                              • Subsection B - Open Meeting Requirements

                              Meetings shall be conducted in accordance with NRS 241, known as “Nevada’s Open Meeting Law.”

                                • Subsection C - Subcommittees

                                Standing or special subcommittees may be appointed by the Chairperson. Subcommittees must also comply with the open meeting law.

                                  • Subsection D - Parliamentary Procedure

                                  The Robert’s Rules of Order shall govern the functions of the Council.

                                    Section VII - Amendment of the Bylaws

                                    The bylaws may be amended as approved by a majority vote of the Council.