EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1455*
HOUSE BILL 1455
J2 2lr3250
By: Delegate Krebs
Introduced and read first time: February 24, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Health Occupations Boards – Authority Over Infrastructure – Staffing and 2
Operations 3
FOR the purpose of establishing that the Secretary of Health has authority over the 4
infrastructure operations of health occupations boards and commissions; altering the 5
method of selecting officers of certain health occupations boards; establishing 6
procedures for the filling of certain vacancies on a certain health occupations board; 7
requiring the Secretary of Budget and Management, in consultation with the 8
Secretary of Health, to determine the positions for which the Secretary of Health 9
may set compensation; prohibiting certain special funds from being used to pay for 10
infrastructure operations; and generally relating to the organization and operation 11
of health occupations boards. 12
BY repealing and reenacting, with amendments, 13
Article – Health Occupations 14
Section 1–203(b), 1A–204(d), 1A–206(d)(1), 2–204(d), 2–206(e)(1), 3–204(d), 15
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
6–207(d)(1), 7–203, 7–204(d), 7–206(d)(1), 8–206(e)(1), 9–203, 9–204(d), 17
10–203, 10–204(d), 10–206(d)(1), 11–204(d), 11–207(d)(1), 12–204(d), 18
12–206(d)(1), 13–207(d)(1), 14–203, 14–207(e)(1), 16–204(d), 16–206(d)(1), 19
17–204(d), 17–206(d)(1), 18–207(d)(1), 19–204(d), 19–206(f)(1), 20–204(d) and 20
(e), and 21–204(d) and (e) 21
Annotated Code of Maryland 22
(2021 Replacement Volume) 23
BY repealing and reenacting, without amendments, 24
Article – Health Occupations 25
Section 1A–206(a), 2–206(a), 3–206(a), 4–207(a), 5–206(a), 6–207(a), 7–206(a), 26
8–206(a), 10–206(a), 11–207(a), 12–206(a), 13–207(a), 14–207(a), 16–206(a), 27
17–206(a), 18–207(a), and 19–206(a) 28
Annotated Code of Maryland 29 2 HOUSE BILL 1455
(2021 Replacement Volume) 1
BY repealing 2
Article – Health Occupations 3
Section 2–204(e), 8–204(d), 13–204, 13–205(d), 18–204(d), 19–204(e), and 20–204(f) 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
BY adding to 7
Article – Health Occupations 8
Section 2–204(e), 8–204(d), 13–204, and 18–204(d) 9
Annotated Code of Maryland 10
(2021 Replacement Volume) 11
Preamble 12
WHEREAS, The State is committed to providing the best possible customer service 13
to its residents; and 14
WHEREAS, Supporting the customer service efforts of the health occupations boards 15
and commissions is important to ensure licensees can apply for and renew licenses in a 16
prompt and timely manner; and 17
WHEREAS, The Secretary of Health currently lacks the statutory authority under § 18
1–203 of the Health Occupations Article to participate in the appointments of the executive 19
directors of the health occupations boards and provide certain Maryland Department of 20
Health resources; and 21
WHEREAS, To further the State’s customer service promise, this Act will allow the 22
Maryland Department of Health the authority over the infrastructure operations for health 23
occupations boards and commissions; and 24
WHEREAS, With Maryland Department of Health authority over the infrastructure 25
operations, the health occupations boards and commissions will have access to Maryland 26
Department of Health resources; and 27
WHEREAS, Reducing administrative burdens on the health occupations boards will 28
allow them to focus on their core functions: licensing, collecting fees, investigating 29
complaints, and conducting disciplinary actions; now, therefore, 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Health Occupations 33
1–203. 34
HOUSE BILL 1455 3
(b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS” 1
MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION 2
ESTABLISHED UNDER TH IS ARTICLE, INCLUDING ACTIVITIES RELATED TO THE 3
FOLLOWING: 4
1. HUMAN RESOURCES ; 5
2. INFORMATION TECHNOLOG Y; 6
3. PROCUREMENT ; 7
4. BUDGET AND MANAGEMENT RESOURCES; 8
5. OFFICE SPACE; 9
6. TELECOMMUNICATIONS ; AND 10
7. AUDIT COMPLIANCE AS R EQUIRED BY TITLE 2, 11
SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE. 12
(II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE 13
LICENSING, INVESTIGATION , SCOPE OF PRACTICE , OR DISCIPLINARY ACTI VITIES. 14
(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 15
SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the 16
Department does not apply to any staff of a board or commission, established under this 17
article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, 18
or to any other authority specifically delegated by law to a board or commission. 19
(3) THE SECRETARY HAS AUTHORI TY OVER THE INFRASTR UCTURE 20
OPERATIONS OF A BOAR D OR COMMISSION ESTA BLISHED UNDER THIS A RTICLE. 21
(4) INFRASTRUCTURE OPERAT IONS OF A BOARD OR C OMMISSION 22
SHALL BE PAID FOR WI TH DEPARTMENT GENERAL FU NDS. 23
1A–204. 24
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 25
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 26
(II) THE SECRETARY, WITH THE ADVIC E AND CONSENT OF THE 27
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 28
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 29 4 HOUSE BILL 1455
OF THE BOARD IN A POSITION T HAT: 1
(I) IS UNIQUE TO THE BOARD; 2
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFOR M 3
THE DUTIES OF THE PO SITION; AND 4
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
(3) THE SECRETARY OF BUDGET AND MANAGEMENT, IN 8
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 9
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 10
SUBSECTION. 11
1A–206. 12
(a) There is an Acupuncture Board Fund. 13
(d) (1) (I) The Fund shall be used exclusively to cover the actual 14
documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 15
Board as provided by the provisions of this title. 16
(II) THE FUND MAY NOT BE USED TO PAY FOR 17
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 18
2–204. 19
(d) (1) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT OF THE 20
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 21
the Board]. 22
(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 23
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 24
[(e) The Board shall appoint an executive director who: 25
(1) Shall serve at the pleasure of the Board; 26
(2) Is the executive officer of the Board; and 27
(3) Has the powers and duties assigned by the Board.] 28
(E) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 29 HOUSE BILL 1455 5
OF THE BOARD IN A POSITION T HAT: 1
(I) IS UNIQUE TO THE BOARD; 2
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 3
THE DUTIES OF THE PO SITION; AND 4
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 8
CONSULTATION WITH TH E SECRETARY, SHALL DETERMIN E THE POSITIONS FOR 9
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 10
SUBSECTION. 11
2–206. 12
(a) There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 13
Speech–Language Pathologists, and Music Therapists Fund. 14
(e) (1) (I) The Fund shall be used to cover the actual documented direct 15
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 16
by the provisions of this article. 17
(II) THE FUND MAY NOT BE USED TO PAY FOR 18
INFRASTRUCTUR E OPERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 19
3–204. 20
(d) (1) (I) The [Board and the State Board of Massage Therapy Examiners] 21
SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, may employ a staff 22
FOR THE BOARD AND THE STATE BOARD OF MASSAGE THERAPY EXAMINERS in 23
accordance with the [budgets of the boards] STATE BUDGET . 24
[(2)] (II) The [Board and the State Board of Massage Therapy Examiners 25
jointly shall appoint a staff member] SECRETARY, WITH THE ADVICE AND CONSENT OF 26
THE BOARD, MAY DESIGNATE ONE OF THE STAFF as [the] AN executive director[, who 27
serves at the pleasure of both boards]. 28
[(3)] (2) The [executive director] SECRETARY MAY SET THE 29
COMPENSATION OF AN E MPLOYEE OF THE BOARD IN A POSITION T HAT: 30
[(i) Is the executive director of both boards; and 31
6 HOUSE BILL 1455
(ii) Has the powers and duties assigned by the boards.] 1
(I) IS UNIQUE TO THE BOARD; 2
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 3
THE DUTIES OF THE PO SITION; AND 4
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 5
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 6
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 7
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 8
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 9
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 10
SUBSECTION. 11
3–206. 12
(a) There is a State Board of Chiropractic Examiners Fund. 13
(d) (1) (I) The Fund shall be used to cover the actual documented direct 14
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 15
by the provisions of this article. 16
(II) THE FUND MAY NOT BE USED TO PAY FOR 17
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 18
4–204. 19
(c) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSEN T 20
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 21
budget [of the Board]. 22
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 23
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 24
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 25
OF THE BOARD IN A POSITION T HAT: 26
(I) IS UNIQUE TO THE BOARD; 27
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 28
THE DUTIES OF THE PO SITION; AND 29
HOUSE BILL 1455 7
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 1
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 2
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 3
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 4
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 5
WHICH THE SECRETARY MAY S ET COMPENSATION UNDE R PARAGRAPH (2) OF THIS 6
SUBSECTION. 7
4–207. 8
(a) There is a State Board of Dental Examiners Fund. 9
(d) (1) (I) The Fund shall be used to cover the actual documented direct 10
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 11
by the provisions of this article. 12
(II) THE FUND MAY NOT BE USED TO PAY FOR 13
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 14
5–203. 15
(a) From among its members, the Board [annually] shall elect a chairman, a vice 16
chairman, and a secretary. 17
(b) The Board shall determine: 18
(1) The manner of election of officers; [and] 19
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 20
[(2)] (3) The duties of each officer. 21
5–204. 22
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 23
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 24
budget [of the Board]. 25
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 26
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR. 27
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 28
OF THE BOARD IN A POSITION T HAT: 29
8 HOUSE BILL 1455
(I) IS UNIQUE TO THE BOARD; 1
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
THE DUTIES OF THE PO SITION; AND 3
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 9
SUBSECTION. 10
5–206. 11
(a) There is a State Board of Dietetic Practice Fund. 12
(d) (1) (I) The Fund shall be used to cover the actual documented direct 13
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 14
by the provisions of this article. 15
(II) THE FUND MAY NOT BE USED TO PAY FOR 16
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
6–203. 18
(a) From among its members, the Board [annually] shall elect a chair, vice chair, 19
and secretary–treasurer. 20
(b) The Board shall determine: 21
(1) The manner of election of the officers; [and] 22
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 23
[(2)] (3) The duties of each officer. 24
6–204. 25
(a) The SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, MAY 26
EMPLOY A STAFF FOR T HE Board and the State Board of Chiropractic Examiners [may 27
employ a staff] in accordance with the [budgets of the boards] STATE BUDGET . 28
(b) The [Board and the State Board of Chiropractic Examiners jointly shall 29 HOUSE BILL 1455 9
appoint] SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, MAY 1
DESIGNATE ONE OF THE STAFF AS an executive director[, who serves at the pleasure of 2
both boards]. 3
[(c) The executive director: 4
(1) Is the executive officer of both boards; and 5
(2) Has the powers and duties assigned by the boards.] 6
(C) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 7
OF THE BOARD IN A POSITION T HAT: 8
(I) IS UNIQUE TO THE BOARD; 9
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFOR M 10
THE DUTIES OF THE PO SITION; AND 11
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 12
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 13
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 14
(2) THE SECRETARY OF BUDGET AND MANAGEMENT, IN 15
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 16
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (1) OF THIS 17
SUBSECTION. 18
6–207. 19
(a) There is a State Board of Massage Therapy Examiners Fund. 20
(d) (1) (I) The Fund shall be used to cover the actual documented direct 21
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 22
in this title. 23
(II) THE FUND MAY NOT BE USED TO PAY FOR 24
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 25
7–203. 26
(a) From among its members, the [Board] SECRETARY, WITH THE ADVICE AND 27
CONSENT OF THE BOARD, shall elect a president[, a first vice president, and a second vice 28
president]. 29
10 HOUSE BILL 1455
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT A FIRST VICE 1
PRESIDENT AND A SECOND VIC E PRESIDENT. 2
[(b)] (C) The Board shall determine: 3
(1) The manner of election of officers; 4
(2) The term of office of each officer; and 5
(3) The duties of each officer. 6
7–204. 7
(d) (1) The Board may appoint a Board secretary, who may be a member of the 8
Board. 9
(2) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT OF THE 10
BOARD, may employ [inspectors and other] staff FOR THE BOARD in accordance with the 11
STATE budget [of the Board]. 12
(3) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE 13
OF THE BOARD IN A POSITION T HAT: 14
(I) IS UNIQUE TO THE BOARD; 15
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
THE DUTIES OF THE PO SITION; AND 17
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
FUNCTIONS THA T ARE COMPARABLE TO FUNCTIONS PERFORMED IN OTHER UNITS 19
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 20
(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (3) OF THIS 23
SUBSECTION. 24
7–206. 25
(a) There is a State Board of Morticians and Funeral Directors Fund. 26
(d) (1) (I) The Fund shall be used to cover the actual documented direct 27
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 28
by the provisions of this article. 29
HOUSE BILL 1455 11
(II) THE FUND MAY NOT BE USED TO PAY FOR 1
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 2
8–204. 3
[(d) The Board may: 4
(1) Employ a staff in accordance with the State budget; 5
(2) Define the duties of its staff; and 6
(3) Employ: 7
(i) An executive director who shall be a registered nurse with a 8
minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 9
in professional education and administrative experience; and 10
(ii) A deputy director who shall assume the duties and authority of 11
the executive director in the absence of the executive director.] 12
(D) (1) (I) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
BOARD, MAY EMPLOY A STAFF FOR THE BOARD IN ACCORDANCE W ITH THE STATE 14
BUDGET. 15
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 16
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 17
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 18
OF THE BOARD IN A POSITION T HAT: 19
(I) IS UNIQUE TO THE BOARD; 20
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 21
THE DUTIES OF THE PO SITION; AND 22
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 23
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHER UNITS 24
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 25
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 26
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 27
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 28
SUBSECTION. 29
8–206. 30 12 HOUSE BILL 1455
(a) There is a Board of Nursing Fund. 1
(e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the 2
actual documented direct and indirect costs of fulfilling the statutory and regulatory duties 3
of the Board as provided by the provisions of this title. 4
(II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY 5
FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 6
9–203. 7
(a) From among the Board members, the Governor shall appoint a [chairman and 8
vice chairman] CHAIR AND VICE CHAIR of the Board. 9
[(b) (1) The Board shall appoint and the Secretary shall confirm the Board 10
executive director. 11
(2) The Board executive director may not be a member of the Board and 12
serves at the pleasure of the Board. 13
(3) The Board executive director is the executive officer of the Board. 14
(4) The Board executive director shall have, at a minimum, a bachelor’s 15
degree. 16
(c) The Board shall determine the duties of each officer.] 17
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 18
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 19
(C) THE BOARD SHALL DETERMINE : 20
(1) THE MANNER OF ELECTIO N OF OFFICERS; 21
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 22
(3) THE DUTIES OF EACH OF FICER. 23
9–204. 24
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 25
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 26
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 27 HOUSE BILL 1455 13
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR. 1
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 2
OF THE BOARD IN A POSITION T HAT: 3
(I) IS UNIQUE TO THE BOARD; 4
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 5
THE DUTIES OF THE PO SITION; AND 6
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERF ORM 7
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 8
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 9
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 10
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 11
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 12
SUBSECTION. 13
10–203. 14
(a) From among its members, the Board shall annually elect one or more 15
chairpersons. 16
(b) The Board shall determine: 17
(1) The manner of election of [the chairpersons] OFFICERS; 18
(2) The term of office of [the chairpersons] EACH OFFICER ; and 19
(3) The duties of [the chairpersons] EACH OFFICER . 20
10–204. 21
(d) (1) [The Board shall appoint an Executive Director of the Board that serves 22
at the pleasure of the Board as its executive officer. 23
(2)] In accordance with the STATE budget [of the Board], the [Board] 24
SECRETARY, WITH THE ADVICE AND CONSENT OF THE BOARD, may employ: 25
(i) A staff; and 26
(ii) Any experts and consultants necessary to obtain information and 27
advice that relate to occupational therapy. 28
14 HOUSE BILL 1455
(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 1
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 2
(3) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 3
OF THE BOARD IN A POSITION THAT: 4
(I) IS UNIQUE TO THE BOARD; 5
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 6
THE DUTIES OF THE PO SITION; AND 7
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 8
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 9
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 10
(4) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 11
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 12
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (3) OF THIS 13
SUBSECTION. 14
10–206. 15
(a) There is a State Board of Occupational Therapy Practice Fund. 16
(d) (1) (I) The Fund shall be used to cover the actual documented direct 17
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 18
by the provisions of this article. 19
(II) THE FUND MAY NOT BE USED TO PAY FOR 20
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 21
11–204. 22
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 23
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 24
budget [of the Board]. 25
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 26
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 27
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 28
OF THE BOARD IN A POSITION THAT: 29
(I) IS UNIQUE TO THE BOARD; 30 HOUSE BILL 1455 15
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 1
THE DUTIES OF THE PO SITION; AND 2
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 3
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 4
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 5
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 6
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 7
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 8
SUBSECTION. 9
11–207. 10
(a) There is a State Board of Examiners in Optometry Fund. 11
(d) (1) (I) The Fund shall be used to cover the actual documented direct 12
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 13
by the provisions of this article. 14
(II) THE FUND MAY NOT BE USED TO PAY FOR 15
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 16
12–204. 17
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 18
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 19
budget [of the Board]. 20
[(2)] (II) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 21
OF THE BOARD, may designate [1 of its] ONE OF THE staff as an executive director. 22
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 23
OF THE BOARD IN A POSITION THAT: 24
(I) IS UNIQUE TO THE BOARD; 25
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 26
THE DUTIES OF THE PO SITION; AND 27
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 28
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 29
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 30 16 HOUSE BILL 1455
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 1
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 2
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 3
SUBSECTION. 4
12–206. 5
(a) There is a State Board of Pharmacy Fund. 6
(d) (1) (I) The Fund shall be used to cover the actual documented direct 7
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 8
by the provisions of this article. 9
(II) THE FUND MAY NOT BE USED TO PAY FOR 10
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 11
[13–204. 12
(a) The Board shall appoint a Board executive director, who serves at the pleasure 13
of the Board. 14
(b) The Board executive director: 15
(1) Is the executive officer of the Board; and 16
(2) Has the powers and duties assigned by the Board.] 17
13–204. 18
(A) (1) IN ACCORDANCE WITH TH E STATE BUDGET , THE SECRETARY, 19
WITH THE ADVICE AND CONSENT OF THE BOARD, MAY EMPLOY : 20
(I) A STAFF FOR TH E BOARD; AND 21
(II) EXPERTS AND CONSULTAN TS TO OBTAIN INFORMA TION 22
AND ADVICE THAT RELA TE TO PHYSICAL THERA PY. 23
(2) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 24
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 25
(B) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE OF 26
THE BOARD IN A POSITION T HAT: 27
(1) IS UNIQUE TO THE BOARD; 28 HOUSE BILL 1455 17
(2) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM THE 1
DUTIES OF THE POSITI ON; AND 2
(3) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM FUNCTIONS 3
THAT ARE COMPARABLE TO FUNCTI ONS PERFORMED IN OTH ER UNITS OF THE 4
EXECUTIVE BRANCH OF STATE GOVERNMENT . 5
(C) THE SECRETARY OF BUDGET AND MANAGEMENT , IN CONSULTATION 6
WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR WHICH THE 7
SECRETARY MAY SET COM PENSATION UNDE R SUBSECTION (B) OF THIS SECTION. 8
13–205. 9
[(d) In accordance with the budget of the Board, the Board may employ: 10
(1) A staff; and 11
(2) Experts and consultants to obtain information and advice that relate to 12
physical therapy.] 13
13–207. 14
(a) There is a State Board of Physical Therapy Examiners Fund. 15
(d) (1) (I) The Fund shall be used to cover the actual documented direct 16
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 17
by the provisions of this article. 18
(II) THE FUND MAY NOT BE USED TO PAY FOR 19
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 20
14–203. 21
(a) (1) The Governor shall appoint the chair of the Board. 22
(2) The term of office of the chair is 2 years. 23
(3) THE CHAIR MAY APPOINT A VICE C HAIR. 24
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 25
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 26
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 27
(b) From among its members, the Board shall elect any officers, other than the 28 18 HOUSE BILL 1455
chair AND VICE CHAIR , that it considers necessary. 1
(c) The Board shall determine: 2
(1) The manner of election of officers; 3
(2) The term of office of each officer; and 4
(3) The duties of each officer. 5
14–207. 6
(a) There is a Board of Physicians Fund. 7
(e) (1) (I) The Fund shall be used exclusively to cover the actual 8
documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 9
Board as provided by the provisions of this title. 10
(II) THE FUND MAY NOT BE USED TO PAY FOR 11
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 12
16–204. 13
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 14
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 15
budget [of the Board]. 16
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 17
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 18
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 19
OF THE BOARD IN A POSITION THAT: 20
(I) IS UNIQUE TO THE BOARD; 21
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22
THE DUTIES OF THE PO SITION; AND 23
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 24
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 25
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 26
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 27
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 28
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 29 HOUSE BILL 1455 19
SUBSECTION. 1
16–206. 2
(a) There is a State Board of Podiatric Medical Examiners Fund. 3
(d) (1) (I) The Fund shall be used to cover the actual documented direct 4
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 5
by the provisions of this article. 6
(II) THE FUND MAY NOT BE USED TO PAY FOR 7
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 8
17–204. 9
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 10
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 11
budget [of the Board]. 12
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 14
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 15
OF THE BOARD IN A POSITION THAT: 16
(I) IS UNIQUE TO THE BOARD; 17
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 18
THE DUTIES OF THE PO SITION; AND 19
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 20
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 21
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 22
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 23
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 24
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 25
SUBSECTION. 26
17–206. 27
(a) There is a State Board of Professional Counselors and Therapists Fund. 28
(d) (1) (I) The Fund shall be used to cover the actual documented direct 29
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 30 20 HOUSE BILL 1455
by the provisions of this article. 1
(II) THE FUND MAY NOT BE USED TO PAY FOR 2
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 3
18–204. 4
[(d) (1) The Board may designate one of its staff as Board administrator. 5
(2) The Board administrator may be compensated in accordance with the 6
budget of the Board. 7
(3) The Board may employ other staff in accordance with the budget of the 8
Board.] 9
(D) (1) (I) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 10
BOARD, MAY EMPLOY A STAFF F OR THE BOARD IN ACCOR DANCE WITH THE STATE 11
BUDGET. 12
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 13
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 14
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 15
OF THE BOARD IN A POSITION T HAT: 16
(I) IS UNIQUE TO THE BOARD; 17
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 18
THE DUTIES OF THE PO SITION; AND 19
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 20
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 21
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 22
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 23
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 24
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 25
SUBSECTION. 26
18–207. 27
(a) There is a State Board of Examiners for Psychologists Fund. 28
(d) (1) (I) The Fund shall be used to cover the actual documented direct 29
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 30 HOUSE BILL 1455 21
by the provisions of this article. 1
(II) THE FUND MAY NOT BE USED TO PAY FOR 2
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 3
19–204. 4
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 5
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 6
budget [of the Board]. 7
(II) THE SECRETARY, WITH THE ADVICE AND CONSENT OF THE 8
BOARD, MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 9
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 10
OF THE BOARD IN A POSITION T HAT: 11
(I) IS UNIQUE TO THE BOARD; 12
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 13
THE DUTIES OF THE PO SITION; AND 14
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 15
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 16
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 17
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 18
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 19
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 20
SUBSECTION. 21
[(e) (1) The Board shall appoint an executive director. 22
(2) The executive director: 23
(i) Serves at the pleasure of the Board; 24
(ii) Is the executive officer of the Board; and 25
(iii) Has the powers and duties assigned by the Board.] 26
19–206. 27
(a) There is a State Board of Social Work Examiners Fund. 28
22 HOUSE BILL 1455
(f) (1) (I) The Fund shall be used to cover the actual documented direct 1
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 2
by the provisions of this article. 3
(II) THE FUND MAY NOT BE USED TO PAY FOR 4
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 5
20–204. 6
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 7
OF THE BOARD, may employ A staff FOR THE BOARD in accordance with the STATE 8
budget [of the Board]. 9
[(e)] (II) The [Board may appoint] SECRETARY, WITH THE ADVICE AND 10
CONSENT OF THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive 11
director. 12
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 13
OF THE BOARD IN A POSITION T HAT: 14
(I) IS UNIQUE TO THE BOARD; 15
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 16
THE DUTIES OF THE PO SITION; AND 17
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 18
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 19
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT. 20
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 21
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 23
SUBSECTION. 24
[(f) The executive director: 25
(1) Serves at the pleasure of the Board; 26
(2) Serves as the executive officer of the Board; and 27
(3) Has the powers and duties assigned by the Board.] 28
21–204. 29
(d) (1) (I) The [Board] SECRETARY, WITH THE ADVICE AND CONSENT 30 HOUSE BILL 1455 23
OF THE BOARD, may employ a staff FOR THE BOARD in accordance with the STATE 1
budget [of the Board]. 2
[(e) (1)] (II) The [Board shall appoint] SECRETARY, WITH THE ADVICE 3
AND CONSENT OF THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive 4
director. 5
[(2) The executive director shall: 6
(i) Serve at the pleasure of the Board; 7
(ii) Act as the executive officer of the Board; and 8
(iii) Carry out the powers and duties assigned by the Board.] 9
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 10
OF THE BOARD IN A POSITION T HAT: 11
(I) IS UNIQUE TO THE BOARD; 12
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 13
THE DUTIES OF THE PO SITION; AND 14
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 15
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 16
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 17
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 18
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 19
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 20
SUBSECTION. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23