Maryland 2022 Regular Session

Maryland House Bill HB1455 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1455
6	6
7	7	HOUSE BILL 1455
8	8	J2 2lr3250
9	9
10	10	By: Delegate Krebs
11	11	Introduced and read first time: February 24, 2022
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Health Occupations Boards – Authority Over Infrastructure – Staffing and 2
19	19	Operations 3
20	20
21	21	FOR the purpose of establishing that the Secretary of Health has authority over the 4
22	22	infrastructure operations of health occupations boards and commissions; altering the 5
23	23	method of selecting officers of certain health occupations boards; establishing 6
24	24	procedures for the filling of certain vacancies on a certain health occupations board; 7
25	25	requiring the Secretary of Budget and Management, in consultation with the 8
26	26	Secretary of Health, to determine the positions for which the Secretary of Health 9
27	27	may set compensation; prohibiting certain special funds from being used to pay for 10
28	28	infrastructure operations; and generally relating to the organization and operation 11
29	29	of health occupations boards. 12
30	30
31	31	BY repealing and reenacting, with amendments, 13
32	32	Article – Health Occupations 14
33	33	Section 1–203(b), 1A–204(d), 1A–206(d)(1), 2–204(d), 2–206(e)(1), 3–204(d), 15
34	34	3–206(d)(1), 4–204(c), 4–207(d)(1), 5–203, 5–204(d), 5–206(d)(1), 6–203, 6–204, 16
35	35	6–207(d)(1), 7–203, 7–204(d), 7–206(d)(1), 8–206(e)(1), 9–203, 9–204(d), 17
36	36	10–203, 10–204(d), 10–206(d)(1), 11–204(d), 11–207(d)(1), 12–204(d), 18
37	37	12–206(d)(1), 13–207(d)(1), 14–203, 14–207(e)(1), 16–204(d), 16–206(d)(1), 19
38	38	17–204(d), 17–206(d)(1), 18–207(d)(1), 19–204(d), 19–206(f)(1), 20–204(d) and 20
39	39	(e), and 21–204(d) and (e) 21
40	40	Annotated Code of Maryland 22
41	41	(2021 Replacement Volume) 23
42	42
43	43	BY repealing and reenacting, without amendments, 24
44	44	Article – Health Occupations 25
45	45	Section 1A–206(a), 2–206(a), 3–206(a), 4–207(a), 5–206(a), 6–207(a), 7–206(a), 26
46	46	8–206(a), 10–206(a), 11–207(a), 12–206(a), 13–207(a), 14–207(a), 16–206(a), 27
47	47	17–206(a), 18–207(a), and 19–206(a) 28
48	48	Annotated Code of Maryland 29 2 HOUSE BILL 1455
49	49
50	50
51	51	(2021 Replacement Volume) 1
52	52
53	53	BY repealing 2
54	54	Article – Health Occupations 3
55	55	Section 2–204(e), 8–204(d), 13–204, 13–205(d), 18–204(d), 19–204(e), and 20–204(f) 4
56	56	Annotated Code of Maryland 5
57	57	(2021 Replacement Volume) 6
58	58
59	59	BY adding to 7
60	60	Article – Health Occupations 8
61	61	Section 2–204(e), 8–204(d), 13–204, and 18–204(d) 9
62	62	Annotated Code of Maryland 10
63	63	(2021 Replacement Volume) 11
64	64
65	65	Preamble 12
66	66
67	67	WHEREAS, The State is committed to providing the best possible customer service 13
68	68	to its residents; and 14
69	69
70	70	WHEREAS, Supporting the customer service efforts of the health occupations boards 15
71	71	and commissions is important to ensure licensees can apply for and renew licenses in a 16
72	72	prompt and timely manner; and 17
73	73
74	74	WHEREAS, The Secretary of Health currently lacks the statutory authority under § 18
75	75	1–203 of the Health Occupations Article to participate in the appointments of the executive 19
76	76	directors of the health occupations boards and provide certain Maryland Department of 20
77	77	Health resources; and 21
78	78
79	79	WHEREAS, To further the State’s customer service promise, this Act will allow the 22
80	80	Maryland Department of Health the authority over the infrastructure operations for health 23
81	81	occupations boards and commissions; and 24
82	82
83	83	WHEREAS, With Maryland Department of Health authority over the infrastructure 25
84	84	operations, the health occupations boards and commissions will have access to Maryland 26
85	85	Department of Health resources; and 27
86	86
87	87	WHEREAS, Reducing administrative burdens on the health occupations boards will 28
88	88	allow them to focus on their core functions: licensing, collecting fees, investigating 29
89	89	complaints, and conducting disciplinary actions; now, therefore, 30
90	90
91	91	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
92	92	That the Laws of Maryland read as follows: 32
93	93
94	94	Article – Health Occupations 33
95	95
96	96	1–203. 34
97	97	HOUSE BILL 1455 3
98	98
99	99
100	100	(b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS” 1
101	101	MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION 2
102	102	ESTABLISHED UNDER TH IS ARTICLE, INCLUDING ACTIVITIES RELATED TO THE 3
103	103	FOLLOWING: 4
104	104
105	105	1. HUMAN RESOURCES ; 5
106	106
107	107	2. INFORMATION TECHNOLOG Y; 6
108	108
109	109	3. PROCUREMENT ; 7
110	110
111	111	4. BUDGET AND MANAGEMENT RESOURCES; 8
112	112
113	113	5. OFFICE SPACE; 9
114	114
115	115	6. TELECOMMUNICATIONS ; AND 10
116	116
117	117	7. AUDIT COMPLIANCE AS R EQUIRED BY TITLE 2, 11
118	118	SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE. 12
119	119
120	120	(II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE 13
121	121	LICENSING, INVESTIGATION , SCOPE OF PRACTICE , OR DISCIPLINARY ACTI VITIES. 14
122	122
123	123	(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 15
124	124	SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the 16
125	125	Department does not apply to any staff of a board or commission, established under this 17
126	126	article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, 18
127	127	or to any other authority specifically delegated by law to a board or commission. 19
128	128
129	129	(3) THE SECRETARY HAS AUTHORI TY OVER THE INFRASTR UCTURE 20
130	130	OPERATIONS OF A BOAR D OR COMMISSION ESTA BLISHED UNDER THIS A RTICLE. 21
131	131
132	132	(4) INFRASTRUCTURE OPERAT IONS OF A BOARD OR C OMMISSION 22
133	133	SHALL BE PAID FOR WI TH DEPARTMENT GENERAL FU NDS. 23
134	134
135	135	1A–204. 24
136	136
137	137	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 25
138	138	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 26
139	139
140	140	(II) THE SECRETARY, WITH THE ADVIC E AND CONSENT OF THE 27
141	141	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 28
142	142
143	143	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 29 4 HOUSE BILL 1455
144	144
145	145
146	146	OF THE BOARD IN A POSITION T HAT: 1
147	147
148	148	(I) IS UNIQUE TO THE BOARD; 2
149	149
150	150	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFOR M 3
151	151	THE DUTIES OF THE PO SITION; AND 4
152	152
153	153	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
154	154	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
155	155	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
156	156
157	157	(3) THE SECRETARY OF BUDGET AND MANAGEMENT, IN 8
158	158	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 9
159	159	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 10
160	160	SUBSECTION. 11
161	161
162	162	1A–206. 12
163	163
164	164	(a) There is an Acupuncture Board Fund. 13
165	165
166	166	(d) (1) (I) The Fund shall be used exclusively to cover the actual 14
167	167	documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 15
168	168	Board as provided by the provisions of this title. 16
169	169
170	170	(II) THE FUND MAY NOT BE USED TO PAY FOR 17
171	171	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 18
172	172
173	173	2–204. 19
174	174
175	175	(d) (1) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT OF THE 20
176	176	BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 21
177	177	the Board]. 22
178	178
179	179	(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 23
180	180	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 24
181	181
182	182	[(e) The Board shall appoint an executive director who: 25
183	183
184	184	(1) Shall serve at the pleasure of the Board; 26
185	185
186	186	(2) Is the executive officer of the Board; and 27
187	187
188	188	(3) Has the powers and duties assigned by the Board.] 28
189	189
190	190	(E) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 29 HOUSE BILL 1455 5
191	191
192	192
193	193	OF THE BOARD IN A POSITION T HAT: 1
194	194
195	195	(I) IS UNIQUE TO THE BOARD; 2
196	196
197	197	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 3
198	198	THE DUTIES OF THE PO SITION; AND 4
199	199
200	200	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
201	201	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
202	202	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
203	203
204	204	(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 8
205	205	CONSULTATION WITH TH E SECRETARY, SHALL DETERMIN E THE POSITIONS FOR 9
206	206	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 10
207	207	SUBSECTION. 11
208	208
209	209	2–206. 12
210	210
211	211	(a) There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 13
212	212	Speech–Language Pathologists, and Music Therapists Fund. 14
213	213
214	214	(e) (1) (I) The Fund shall be used to cover the actual documented direct 15
215	215	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 16
216	216	by the provisions of this article. 17
217	217
218	218	(II) THE FUND MAY NOT BE USED TO PAY FOR 18
219	219	INFRASTRUCTUR E OPERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 19
220	220
221	221	3–204. 20
222	222
223	223	(d) (1) (I) The [Board and the State Board of Massage Therapy Examiners] 21
224	224	SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, may employ a staff 22
225	225	FOR THE BOARD AND THE STATE BOARD OF MASSAGE THERAPY EXAMINERS in 23
226	226	accordance with the [budgets of the boards] STATE BUDGET . 24
227	227
228	228	[(2)] (II) The [Board and the State Board of Massage Therapy Examiners 25
229	229	jointly shall appoint a staff member] SECRETARY, WITH THE ADVICE AND CONSENT OF 26
230	230	THE BOARD, MAY DESIGNATE ONE OF THE STAFF as [the] AN executive director[, who 27
231	231	serves at the pleasure of both boards]. 28
232	232
233	233	[(3)] (2) The [executive director] SECRETARY MAY SET THE 29
234	234	COMPENSATION OF AN E MPLOYEE OF THE BOARD IN A POSITION T HAT: 30
235	235
236	236	[(i) Is the executive director of both boards; and 31
237	237	6 HOUSE BILL 1455
238	238
239	239
240	240	(ii) Has the powers and duties assigned by the boards.] 1
241	241
242	242	(I) IS UNIQUE TO THE BOARD; 2
243	243
244	244	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 3
245	245	THE DUTIES OF THE PO SITION; AND 4
246	246
247	247	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
248	248	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
249	249	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
250	250
251	251	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 8
252	252	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 9
253	253	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 10
254	254	SUBSECTION. 11
255	255
256	256	3–206. 12
257	257
258	258	(a) There is a State Board of Chiropractic Examiners Fund. 13
259	259
260	260	(d) (1) (I) The Fund shall be used to cover the actual documented direct 14
261	261	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 15
262	262	by the provisions of this article. 16
263	263
264	264	(II) THE FUND MAY NOT BE USED TO PAY FOR 17
265	265	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 18
266	266
267	267	4–204. 19
268	268
269	269	(c) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSEN T 20
270	270	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 21
271	271	budget [of the Board]. 22
272	272
273	273	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 23
274	274	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 24
275	275
276	276	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 25
277	277	OF THE BOARD IN A POSITION T HAT: 26
278	278
279	279	(I) IS UNIQUE TO THE BOARD; 27
280	280
281	281	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 28
282	282	THE DUTIES OF THE PO SITION; AND 29
283	283	HOUSE BILL 1455 7
284	284
285	285
286	286	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 1
287	287	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 2
288	288	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 3
289	289
290	290	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 4
291	291	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 5
292	292	WHICH THE SECRETARY MAY S ET COMPENSATION UNDE R PARAGRAPH (2) OF THIS 6
293	293	SUBSECTION. 7
294	294
295	295	4–207. 8
296	296
297	297	(a) There is a State Board of Dental Examiners Fund. 9
298	298
299	299	(d) (1) (I) The Fund shall be used to cover the actual documented direct 10
300	300	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 11
301	301	by the provisions of this article. 12
302	302
303	303	(II) THE FUND MAY NOT BE USED TO PAY FOR 13
304	304	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 14
305	305
306	306	5–203. 15
307	307
308	308	(a) From among its members, the Board [annually] shall elect a chairman, a vice 16
309	309	chairman, and a secretary. 17
310	310
311	311	(b) The Board shall determine: 18
312	312
313	313	(1) The manner of election of officers; [and] 19
314	314
315	315	(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 20
316	316
317	317	[(2)] (3) The duties of each officer. 21
318	318
319	319	5–204. 22
320	320
321	321	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 23
322	322	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 24
323	323	budget [of the Board]. 25
324	324
325	325	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 26
326	326	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR. 27
327	327
328	328	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 28
329	329	OF THE BOARD IN A POSITION T HAT: 29
330	330	8 HOUSE BILL 1455
331	331
332	332
333	333	(I) IS UNIQUE TO THE BOARD; 1
334	334
335	335	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
336	336	THE DUTIES OF THE PO SITION; AND 3
337	337
338	338	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
339	339	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
340	340	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
341	341
342	342	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
343	343	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
344	344	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 9
345	345	SUBSECTION. 10
346	346
347	347	5–206. 11
348	348
349	349	(a) There is a State Board of Dietetic Practice Fund. 12
350	350
351	351	(d) (1) (I) The Fund shall be used to cover the actual documented direct 13
352	352	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 14
353	353	by the provisions of this article. 15
354	354
355	355	(II) THE FUND MAY NOT BE USED TO PAY FOR 16
356	356	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
357	357
358	358	6–203. 18
359	359
360	360	(a) From among its members, the Board [annually] shall elect a chair, vice chair, 19
361	361	and secretary–treasurer. 20
362	362
363	363	(b) The Board shall determine: 21
364	364
365	365	(1) The manner of election of the officers; [and] 22
366	366
367	367	(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 23
368	368
369	369	[(2)] (3) The duties of each officer. 24
370	370
371	371	6–204. 25
372	372
373	373	(a) The SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, MAY 26
374	374	EMPLOY A STAFF FOR T HE Board and the State Board of Chiropractic Examiners [may 27
375	375	employ a staff] in accordance with the [budgets of the boards] STATE BUDGET . 28
376	376
377	377	(b) The [Board and the State Board of Chiropractic Examiners jointly shall 29 HOUSE BILL 1455 9
378	378
379	379
380	380	appoint] SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, MAY 1
381	381	DESIGNATE ONE OF THE STAFF AS an executive director[, who serves at the pleasure of 2
382	382	both boards]. 3
383	383
384	384	[(c) The executive director: 4
385	385
386	386	(1) Is the executive officer of both boards; and 5
387	387
388	388	(2) Has the powers and duties assigned by the boards.] 6
389	389
390	390	(C) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 7
391	391	OF THE BOARD IN A POSITION T HAT: 8
392	392
393	393	(I) IS UNIQUE TO THE BOARD; 9
394	394
395	395	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFOR M 10
396	396	THE DUTIES OF THE PO SITION; AND 11
397	397
398	398	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 12
399	399	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 13
400	400	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 14
401	401
402	402	(2) THE SECRETARY OF BUDGET AND MANAGEMENT, IN 15
403	403	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 16
404	404	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 17
405	405	SUBSECTION. 18
406	406
407	407	6–207. 19
408	408
409	409	(a) There is a State Board of Massage Therapy Examiners Fund. 20
410	410
411	411	(d) (1) (I) The Fund shall be used to cover the actual documented direct 21
412	412	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 22
413	413	in this title. 23
414	414
415	415	(II) THE FUND MAY NOT BE USED TO PAY FOR 24
416	416	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 25
417	417
418	418	7–203. 26
419	419
420	420	(a) From among its members, the [Board] SECRETARY, WITH THE ADVICE AND 27
421	421	CONSENT OF THE BOARD, shall elect a president[, a first vice president, and a second vice 28
422	422	president]. 29
423	423	10 HOUSE BILL 1455
424	424
425	425
426	426	(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A FIRST VICE 1
427	427	PRESIDENT AND A SECOND VIC E PRESIDENT. 2
428	428
429	429	[(b)] (C) The Board shall determine: 3
430	430
431	431	(1) The manner of election of officers; 4
432	432
433	433	(2) The term of office of each officer; and 5
434	434
435	435	(3) The duties of each officer. 6
436	436
437	437	7–204. 7
438	438
439	439	(d) (1) The Board may appoint a Board secretary, who may be a member of the 8
440	440	Board. 9
441	441
442	442	(2) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT OF THE 10
443	443	BOARD, may employ [inspectors and other] staff FOR THE BOARD in accordance with the 11
444	444	STATE budget [of the Board]. 12
445	445
446	446	(3) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE 13
447	447	OF THE BOARD IN A POSITION T HAT: 14
448	448
449	449	(I) IS UNIQUE TO THE BOARD; 15
450	450
451	451	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
452	452	THE DUTIES OF THE PO SITION; AND 17
453	453
454	454	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
455	455	FUNCTIONS THA T ARE COMPARABLE TO FUNCTIONS PERFORMED IN OTHER UNITS 19
456	456	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 20
457	457
458	458	(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
459	459	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
460	460	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (3) OF THIS 23
461	461	SUBSECTION. 24
462	462
463	463	7–206. 25
464	464
465	465	(a) There is a State Board of Morticians and Funeral Directors Fund. 26
466	466
467	467	(d) (1) (I) The Fund shall be used to cover the actual documented direct 27
468	468	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 28
469	469	by the provisions of this article. 29
470	470	HOUSE BILL 1455 11
471	471
472	472
473	473	(II) THE FUND MAY NOT BE USED TO PAY FOR 1
474	474	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 2
475	475
476	476	8–204. 3
477	477
478	478	[(d) The Board may: 4
479	479
480	480	(1) Employ a staff in accordance with the State budget; 5
481	481
482	482	(2) Define the duties of its staff; and 6
483	483
484	484	(3) Employ: 7
485	485
486	486	(i) An executive director who shall be a registered nurse with a 8
487	487	minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 9
488	488	in professional education and administrative experience; and 10
489	489
490	490	(ii) A deputy director who shall assume the duties and authority of 11
491	491	the executive director in the absence of the executive director.] 12
492	492
493	493	(D) (1) (I) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
494	494	BOARD, MAY EMPLOY A STAFF FOR THE BOARD IN ACCORDANCE W ITH THE STATE 14
495	495	BUDGET. 15
496	496
497	497	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 16
498	498	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 17
499	499
500	500	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 18
501	501	OF THE BOARD IN A POSITION T HAT: 19
502	502
503	503	(I) IS UNIQUE TO THE BOARD; 20
504	504
505	505	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 21
506	506	THE DUTIES OF THE PO SITION; AND 22
507	507
508	508	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 23
509	509	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS 24
510	510	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 25
511	511
512	512	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 26
513	513	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 27
514	514	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 28
515	515	SUBSECTION. 29
516	516
517	517	8–206. 30 12 HOUSE BILL 1455
518	518
519	519
520	520
521	521	(a) There is a Board of Nursing Fund. 1
522	522
523	523	(e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the 2
524	524	actual documented direct and indirect costs of fulfilling the statutory and regulatory duties 3
525	525	of the Board as provided by the provisions of this title. 4
526	526
527	527	(II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY 5
528	528	FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 6
529	529
530	530	9–203. 7
531	531
532	532	(a) From among the Board members, the Governor shall appoint a [chairman and 8
533	533	vice chairman] CHAIR AND VICE CHAIR of the Board. 9
534	534
535	535	[(b) (1) The Board shall appoint and the Secretary shall confirm the Board 10
536	536	executive director. 11
537	537
538	538	(2) The Board executive director may not be a member of the Board and 12
539	539	serves at the pleasure of the Board. 13
540	540
541	541	(3) The Board executive director is the executive officer of the Board. 14
542	542
543	543	(4) The Board executive director shall have, at a minimum, a bachelor’s 15
544	544	degree. 16
545	545
546	546	(c) The Board shall determine the duties of each officer.] 17
547	547
548	548	(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 18
549	549	OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 19
550	550
551	551	(C) THE BOARD SHALL DETERMINE : 20
552	552
553	553	(1) THE MANNER OF ELECTIO N OF OFFICERS; 21
554	554
555	555	(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 22
556	556
557	557	(3) THE DUTIES OF EACH OF FICER. 23
558	558
559	559	9–204. 24
560	560
561	561	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 25
562	562	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 26
563	563
564	564	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 27 HOUSE BILL 1455 13
565	565
566	566
567	567	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR. 1
568	568
569	569	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 2
570	570	OF THE BOARD IN A POSITION T HAT: 3
571	571
572	572	(I) IS UNIQUE TO THE BOARD; 4
573	573
574	574	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 5
575	575	THE DUTIES OF THE PO SITION; AND 6
576	576
577	577	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERF ORM 7
578	578	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 8
579	579	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 9
580	580
581	581	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 10
582	582	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 11
583	583	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 12
584	584	SUBSECTION. 13
585	585
586	586	10–203. 14
587	587
588	588	(a) From among its members, the Board shall annually elect one or more 15
589	589	chairpersons. 16
590	590
591	591	(b) The Board shall determine: 17
592	592
593	593	(1) The manner of election of [the chairpersons] OFFICERS; 18
594	594
595	595	(2) The term of office of [the chairpersons] EACH OFFICER ; and 19
596	596
597	597	(3) The duties of [the chairpersons] EACH OFFICER . 20
598	598
599	599	10–204. 21
600	600
601	601	(d) (1) [The Board shall appoint an Executive Director of the Board that serves 22
602	602	at the pleasure of the Board as its executive officer. 23
603	603
604	604	(2)] In accordance with the STATE budget [of the Board], the [Board] 24
605	605	SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, may employ: 25
606	606
607	607	(i) A staff; and 26
608	608
609	609	(ii) Any experts and consultants necessary to obtain information and 27
610	610	advice that relate to occupational therapy. 28
611	611	14 HOUSE BILL 1455
612	612
613	613
614	614	(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 1
615	615	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 2
616	616
617	617	(3) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 3
618	618	OF THE BOARD IN A POSITION THAT: 4
619	619
620	620	(I) IS UNIQUE TO THE BOARD; 5
621	621
622	622	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 6
623	623	THE DUTIES OF THE PO SITION; AND 7
624	624
625	625	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 8
626	626	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 9
627	627	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 10
628	628
629	629	(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 11
630	630	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 12
631	631	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (3) OF THIS 13
632	632	SUBSECTION. 14
633	633
634	634	10–206. 15
635	635
636	636	(a) There is a State Board of Occupational Therapy Practice Fund. 16
637	637
638	638	(d) (1) (I) The Fund shall be used to cover the actual documented direct 17
639	639	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 18
640	640	by the provisions of this article. 19
641	641
642	642	(II) THE FUND MAY NOT BE USED TO PAY FOR 20
643	643	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 21
644	644
645	645	11–204. 22
646	646
647	647	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 23
648	648	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 24
649	649	budget [of the Board]. 25
650	650
651	651	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 26
652	652	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 27
653	653
654	654	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 28
655	655	OF THE BOARD IN A POSITION THAT: 29
656	656
657	657	(I) IS UNIQUE TO THE BOARD; 30 HOUSE BILL 1455 15
658	658
659	659
660	660
661	661	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 1
662	662	THE DUTIES OF THE PO SITION; AND 2
663	663
664	664	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 3
665	665	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 4
666	666	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 5
667	667
668	668	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 6
669	669	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 7
670	670	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 8
671	671	SUBSECTION. 9
672	672
673	673	11–207. 10
674	674
675	675	(a) There is a State Board of Examiners in Optometry Fund. 11
676	676
677	677	(d) (1) (I) The Fund shall be used to cover the actual documented direct 12
678	678	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 13
679	679	by the provisions of this article. 14
680	680
681	681	(II) THE FUND MAY NOT BE USED TO PAY FOR 15
682	682	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 16
683	683
684	684	12–204. 17
685	685
686	686	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 18
687	687	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 19
688	688	budget [of the Board]. 20
689	689
690	690	[(2)] (II) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 21
691	691	OF THE BOARD, may designate [1 of its] ONE OF THE staff as an executive director. 22
692	692
693	693	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 23
694	694	OF THE BOARD IN A POSITION THAT: 24
695	695
696	696	(I) IS UNIQUE TO THE BOARD; 25
697	697
698	698	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 26
699	699	THE DUTIES OF THE PO SITION; AND 27
700	700
701	701	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 28
702	702	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 29
703	703	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 30 16 HOUSE BILL 1455
704	704
705	705
706	706
707	707	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 1
708	708	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 2
709	709	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 3
710	710	SUBSECTION. 4
711	711
712	712	12–206. 5
713	713
714	714	(a) There is a State Board of Pharmacy Fund. 6
715	715
716	716	(d) (1) (I) The Fund shall be used to cover the actual documented direct 7
717	717	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 8
718	718	by the provisions of this article. 9
719	719
720	720	(II) THE FUND MAY NOT BE USED TO PAY FOR 10
721	721	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 11
722	722
723	723	[13–204. 12
724	724
725	725	(a) The Board shall appoint a Board executive director, who serves at the pleasure 13
726	726	of the Board. 14
727	727
728	728	(b) The Board executive director: 15
729	729
730	730	(1) Is the executive officer of the Board; and 16
731	731
732	732	(2) Has the powers and duties assigned by the Board.] 17
733	733
734	734	13–204. 18
735	735
736	736	(A) (1) IN ACCORDANCE WITH TH E STATE BUDGET , THE SECRETARY, 19
737	737	WITH THE ADVICE AND CONSENT OF THE BOARD, MAY EMPLOY : 20
738	738
739	739	(I) A STAFF FOR TH E BOARD; AND 21
740	740
741	741	(II) EXPERTS AND CONSULTAN TS TO OBTAIN INFORMA TION 22
742	742	AND ADVICE THAT RELA TE TO PHYSICAL THERA PY. 23
743	743
744	744	(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 24
745	745	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 25
746	746
747	747	(B) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE OF 26
748	748	THE BOARD IN A POSITION T HAT: 27
749	749
750	750	(1) IS UNIQUE TO THE BOARD; 28 HOUSE BILL 1455 17
751	751
752	752
753	753
754	754	(2) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM THE 1
755	755	DUTIES OF THE POSITI ON; AND 2
756	756
757	757	(3) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM FUNCTIONS 3
758	758	THAT ARE COMPARABLE TO FUNCTI ONS PERFORMED IN OTH ER UNITS OF THE 4
759	759	EXECUTIVE BRANCH OF STATE GOVERNMENT . 5
760	760
761	761	(C) THE SECRETARY OF BUDGET AND MANAGEMENT , IN CONSULTATION 6
762	762	WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR WHICH THE 7
763	763	SECRETARY MAY SET COM PENSATION UNDE R SUBSECTION (B) OF THIS SECTION. 8
764	764
765	765	13–205. 9
766	766
767	767	[(d) In accordance with the budget of the Board, the Board may employ: 10
768	768
769	769	(1) A staff; and 11
770	770
771	771	(2) Experts and consultants to obtain information and advice that relate to 12
772	772	physical therapy.] 13
773	773
774	774	13–207. 14
775	775
776	776	(a) There is a State Board of Physical Therapy Examiners Fund. 15
777	777
778	778	(d) (1) (I) The Fund shall be used to cover the actual documented direct 16
779	779	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 17
780	780	by the provisions of this article. 18
781	781
782	782	(II) THE FUND MAY NOT BE USED TO PAY FOR 19
783	783	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 20
784	784
785	785	14–203. 21
786	786
787	787	(a) (1) The Governor shall appoint the chair of the Board. 22
788	788
789	789	(2) The term of office of the chair is 2 years. 23
790	790
791	791	(3) THE CHAIR MAY APPOINT A VICE C HAIR. 24
792	792
793	793	(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 25
794	794	AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 26
795	795	TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 27
796	796
797	797	(b) From among its members, the Board shall elect any officers, other than the 28 18 HOUSE BILL 1455
798	798
799	799
800	800	chair AND VICE CHAIR , that it considers necessary. 1
801	801
802	802	(c) The Board shall determine: 2
803	803
804	804	(1) The manner of election of officers; 3
805	805
806	806	(2) The term of office of each officer; and 4
807	807
808	808	(3) The duties of each officer. 5
809	809
810	810	14–207. 6
811	811
812	812	(a) There is a Board of Physicians Fund. 7
813	813
814	814	(e) (1) (I) The Fund shall be used exclusively to cover the actual 8
815	815	documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 9
816	816	Board as provided by the provisions of this title. 10
817	817
818	818	(II) THE FUND MAY NOT BE USED TO PAY FOR 11
819	819	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 12
820	820
821	821	16–204. 13
822	822
823	823	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 14
824	824	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 15
825	825	budget [of the Board]. 16
826	826
827	827	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 17
828	828	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 18
829	829
830	830	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 19
831	831	OF THE BOARD IN A POSITION THAT: 20
832	832
833	833	(I) IS UNIQUE TO THE BOARD; 21
834	834
835	835	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22
836	836	THE DUTIES OF THE PO SITION; AND 23
837	837
838	838	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 24
839	839	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 25
840	840	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 26
841	841
842	842	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 27
843	843	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 28
844	844	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 29 HOUSE BILL 1455 19
845	845
846	846
847	847	SUBSECTION. 1
848	848
849	849	16–206. 2
850	850
851	851	(a) There is a State Board of Podiatric Medical Examiners Fund. 3
852	852
853	853	(d) (1) (I) The Fund shall be used to cover the actual documented direct 4
854	854	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 5
855	855	by the provisions of this article. 6
856	856
857	857	(II) THE FUND MAY NOT BE USED TO PAY FOR 7
858	858	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 8
859	859
860	860	17–204. 9
861	861
862	862	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 10
863	863	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 11
864	864	budget [of the Board]. 12
865	865
866	866	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
867	867	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 14
868	868
869	869	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 15
870	870	OF THE BOARD IN A POSITION THAT: 16
871	871
872	872	(I) IS UNIQUE TO THE BOARD; 17
873	873
874	874	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 18
875	875	THE DUTIES OF THE PO SITION; AND 19
876	876
877	877	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 20
878	878	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 21
879	879	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 22
880	880
881	881	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 23
882	882	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 24
883	883	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 25
884	884	SUBSECTION. 26
885	885
886	886	17–206. 27
887	887
888	888	(a) There is a State Board of Professional Counselors and Therapists Fund. 28
889	889
890	890	(d) (1) (I) The Fund shall be used to cover the actual documented direct 29
891	891	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 30 20 HOUSE BILL 1455
892	892
893	893
894	894	by the provisions of this article. 1
895	895
896	896	(II) THE FUND MAY NOT BE USED TO PAY FOR 2
897	897	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 3
898	898
899	899	18–204. 4
900	900
901	901	[(d) (1) The Board may designate one of its staff as Board administrator. 5
902	902
903	903	(2) The Board administrator may be compensated in accordance with the 6
904	904	budget of the Board. 7
905	905
906	906	(3) The Board may employ other staff in accordance with the budget of the 8
907	907	Board.] 9
908	908
909	909	(D) (1) (I) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 10
910	910	BOARD, MAY EMPLOY A STAFF F OR THE BOARD IN ACCOR DANCE WITH THE STATE 11
911	911	BUDGET. 12
912	912
913	913	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
914	914	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 14
915	915
916	916	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 15
917	917	OF THE BOARD IN A POSITION T HAT: 16
918	918
919	919	(I) IS UNIQUE TO THE BOARD; 17
920	920
921	921	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 18
922	922	THE DUTIES OF THE PO SITION; AND 19
923	923
924	924	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 20
925	925	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 21
926	926	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 22
927	927
928	928	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 23
929	929	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 24
930	930	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 25
931	931	SUBSECTION. 26
932	932
933	933	18–207. 27
934	934
935	935	(a) There is a State Board of Examiners for Psychologists Fund. 28
936	936
937	937	(d) (1) (I) The Fund shall be used to cover the actual documented direct 29
938	938	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 30 HOUSE BILL 1455 21
939	939
940	940
941	941	by the provisions of this article. 1
942	942
943	943	(II) THE FUND MAY NOT BE USED TO PAY FOR 2
944	944	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 3
945	945
946	946	19–204. 4
947	947
948	948	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 5
949	949	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 6
950	950	budget [of the Board]. 7
951	951
952	952	(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 8
953	953	BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 9
954	954
955	955	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 10
956	956	OF THE BOARD IN A POSITION T HAT: 11
957	957
958	958	(I) IS UNIQUE TO THE BOARD; 12
959	959
960	960	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 13
961	961	THE DUTIES OF THE PO SITION; AND 14
962	962
963	963	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 15
964	964	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 16
965	965	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 17
966	966
967	967	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 18
968	968	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 19
969	969	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 20
970	970	SUBSECTION. 21
971	971
972	972	[(e) (1) The Board shall appoint an executive director. 22
973	973
974	974	(2) The executive director: 23
975	975
976	976	(i) Serves at the pleasure of the Board; 24
977	977
978	978	(ii) Is the executive officer of the Board; and 25
979	979
980	980	(iii) Has the powers and duties assigned by the Board.] 26
981	981
982	982	19–206. 27
983	983
984	984	(a) There is a State Board of Social Work Examiners Fund. 28
985	985	22 HOUSE BILL 1455
986	986
987	987
988	988	(f) (1) (I) The Fund shall be used to cover the actual documented direct 1
989	989	and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 2
990	990	by the provisions of this article. 3
991	991
992	992	(II) THE FUND MAY NOT BE USED TO PAY FOR 4
993	993	INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 5
994	994
995	995	20–204. 6
996	996
997	997	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 7
998	998	OF THE BOARD, may employ A staff FOR THE BOARD in accordance with the STATE 8
999	999	budget [of the Board]. 9
1000	1000
1001	1001	[(e)] (II) The [Board may appoint] SECRETARY, WITH THE ADVICE AND 10
1002	1002	CONSENT OF THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive 11
1003	1003	director. 12
1004	1004
1005	1005	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 13
1006	1006	OF THE BOARD IN A POSITION T HAT: 14
1007	1007
1008	1008	(I) IS UNIQUE TO THE BOARD; 15
1009	1009
1010	1010	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
1011	1011	THE DUTIES OF THE PO SITION; AND 17
1012	1012
1013	1013	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
1014	1014	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 19
1015	1015	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT. 20
1016	1016
1017	1017	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
1018	1018	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
1019	1019	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 23
1020	1020	SUBSECTION. 24
1021	1021
1022	1022	[(f) The executive director: 25
1023	1023
1024	1024	(1) Serves at the pleasure of the Board; 26
1025	1025
1026	1026	(2) Serves as the executive officer of the Board; and 27
1027	1027
1028	1028	(3) Has the powers and duties assigned by the Board.] 28
1029	1029
1030	1030	21–204. 29
1031	1031
1032	1032	(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 30 HOUSE BILL 1455 23
1033	1033
1034	1034
1035	1035	OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 1
1036	1036	budget [of the Board]. 2
1037	1037
1038	1038	[(e) (1)] (II) The [Board shall appoint] SECRETARY, WITH THE ADVICE 3
1039	1039	AND CONSENT OF THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive 4
1040	1040	director. 5
1041	1041
1042	1042	[(2) The executive director shall: 6
1043	1043
1044	1044	(i) Serve at the pleasure of the Board; 7
1045	1045
1046	1046	(ii) Act as the executive officer of the Board; and 8
1047	1047
1048	1048	(iii) Carry out the powers and duties assigned by the Board.] 9
1049	1049
1050	1050	(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 10
1051	1051	OF THE BOARD IN A POSITION T HAT: 11
1052	1052
1053	1053	(I) IS UNIQUE TO THE BOARD; 12
1054	1054
1055	1055	(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 13
1056	1056	THE DUTIES OF THE PO SITION; AND 14
1057	1057
1058	1058	(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 15
1059	1059	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 16
1060	1060	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 17
1061	1061
1062	1062	(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 18
1063	1063	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 19
1064	1064	WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 20
1065	1065	SUBSECTION. 21
1066	1066
1067	1067	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
1068	1068	October 1, 2022. 23
1069	1069