335.036.  Duties of board — fees set, how — fund, source, use, funds transferred from, when — rulemaking. — 1.  The board shall:

  (1)  Elect for a one-year term a president and a secretary, who shall also be treasurer, and the board may appoint, employ and fix the compensation of a legal counsel and such board personnel as defined in subdivision (4) of subsection 11 of section 324.001 as are necessary to administer the provisions of sections 335.011 to 335.099;

  (2)  Adopt and revise such rules and regulations as may be necessary to enable it to carry into effect the provisions of sections 335.011 to 335.099;

  (3)  Prescribe minimum standards for educational programs preparing persons for licensure as a registered professional nurse or licensed practical nurse pursuant to the provisions of sections 335.011 to 335.099;

  (4)  Provide for surveys of such programs every five years and in addition at such times as it may deem necessary;

  (5)  Designate as "approved" such programs as meet the requirements of sections 335.011 to 335.099 and the rules and regulations enacted pursuant to such sections; and the board shall annually publish a list of such programs;

  (6)  Deny or withdraw approval from educational programs for failure to meet prescribed minimum standards;

  (7)  Examine, license, and cause to be renewed the licenses of duly qualified applicants;

  (8)  Cause the prosecution of all persons violating provisions of sections 335.011 to 335.099, and may incur such necessary expenses therefor;

  (9)  Keep a record of all the proceedings; and make an annual report to the governor and to the director of the department of commerce and insurance.

  2.  The board shall set the amount of the fees which this chapter authorizes and requires by rules and regulations.  The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter.

  3.  All fees received by the board pursuant to the provisions of sections 335.011 to 335.099 shall be deposited in the state treasury and be placed to the credit of the state board of nursing fund.  All administrative costs and expenses of the board shall be paid from appropriations made for those purposes.  The board is authorized to provide funding for the nursing education incentive program established in sections 335.200 to 335.203.

  4.  The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule, permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year.  The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

  5.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this chapter shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.  Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.