EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0899*
SENATE BILL 899
J2 2lr3089
By: Senator Kagan
Introduced and read first time: February 7, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Health Occupations Boards – Authority Over Staffing and Infrastructure 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; specifying the term 6
of the president or chair of certain health occupations boards; establishing 7
procedures for the filling of certain vacancies on certain health occupations boards; 8
requiring the Secretary of Budget and Management, in consultation with the 9
Secretary of Health, to determine the positions for which the Secretary of Health 10
may set compensation; prohibiting certain special funds from being used to pay for 11
infrastructure operations; and generally relating to the organization and operation 12
of certain health occupations boards. 13
BY repealing and reenacting, with amendments, 14
Article – Health Occupations 15
Section 1–203(b), 1A–204(d), 1A–206(d)(1), 2–203, 2–204(d), 2–206(e)(1), 16
3–203, 3–204(d), 3–206(d)(1), 4–203, 4–204(c), 4–207(d)(1), 5–203, 5–204(d), 17
5–206(d)(1), 6–203, 6–204, 6–207(d)(1), 7–203, 7–204(d), 7–206(d)(1), 8–203, 18
8–206(e)(1), 9–203, 9–204(d), 10–203, 10–204(d), 10–206(d)(1), 11–203, 19
11–204(d), 11–207(d)(1), 12–203, 12–204(d), 12–206(d)(1), 13–203, 20
13–207(d)(1), 14–203, 14–207(e)(1), 16–203, 16–204(d), 16–206(d)(1), 17–203, 21
17–204(d), 17–206(d)(1), 18–203, 18–207(d)(1), 19–203, 19–204(d), 22
19–206(f)(1), 20–203, 20–204(d) and (e), 21–203, and 21–204(d) and (e) 23
Annotated Code of Maryland 24
(2021 Replacement Volume) 25
BY repealing 26
Article – Health Occupations 27
Section 1A–203, 2–204(e), 8–204(d), 13–204, 13–205(d), 18–204(d), 19–204(e), and 28
20–204(f) 29 2 SENATE BILL 899
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
BY adding to 3
Article – Health Occupations 4
Section 1A–203, 2–204(e), 8–204(d), 13–204, and 18–204(d) 5
Annotated Code of Maryland 6
(2021 Replacement Volume) 7
BY repealing and reenacting, without amendments, 8
Article – Health Occupations 9
Section 1A–206(a), 2–206(a), 3–206(a), 4–207(a), 5–206(a), 6–207(a), 7–206(a), 10
8–206(a), 10–206(a), 11–207(a), 12–206(a), 13–207(a), 14–207(a), 16–206(a), 11
17–206(a), 18–207(a), and 19–206(a) 12
Annotated Code of Maryland 13
(2021 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Health Occupations 17
1–203. 18
(b) (1) (I) IN THIS SUBSECTION , “INFRASTRUCTURE OPERA TIONS” 19
MEANS THE ADMINISTRA TIVE ACTIVITIES OF A BOARD OR COMMISSION 20
ESTABLISHED UNDER TH IS ARTICLE, INCLUDING TOOLS AND RESOURCES FOR THE 21
USE AND SUPPORT OF D ELIBERATIVE ACTIONS . 22
(II) “INFRASTRUCTURE OPERAT IONS” DOES NOT INCLUDE 23
LICENSING, INVESTIGATION , OR DISCIPLINARY ACTI VITIES. 24
(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 25
SUBSECTION, THE power of the Secretary to transfer staff or functions of units in the 26
Department does not apply to any staff of a board or commission, established under this 27
article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, 28
or to any other authority specifically delegated by law to a board or commission. 29
(3) THE SECRETARY HAS AUTHORI TY OVER THE INFRASTR UCTURE 30
OPERATIONS OF A BOAR D OR COMMISSION ESTA BLISHED UNDER THIS A RTICLE. 31
[1A–203. 32
From among its members, the Board shall elect officers in a manner and for terms 33
that the Board determines.] 34
SENATE BILL 899 3
1A–203. 1
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 2
APPOINT THE PRESIDEN T OF THE BOARD. 3
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 4
(3) THE PRESIDENT MAY APPOINT A VICE P RESIDENT. 5
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 6
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 7
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 8
PRESIDENT. 9
(B) FROM AMONG ITS MEMBERS , THE BOARD SHALL ELECT ANY OFFICERS, 10
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 11
NECESSARY. 12
(C) THE BOARD SHALL DETERMINE : 13
(1) THE MANNER OF ELECTIO N OF OFFICERS; 14
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 15
(3) THE DUTIES OF EACH OF FICER. 16
1A–204. 17
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 18
BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 19
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 20
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 21
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 22
OF THE BOARD IN A POSITION T HAT: 23
(I) IS UNIQUE TO THE BOARD; 24
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 25
THE DUTIES OF THE PO SITION; AND 26
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 27
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 28 4 SENATE BILL 899
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 1
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 2
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITI ONS FOR 3
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 4
SUBSECTION. 5
1A–206. 6
(a) There is an Acupuncture Board Fund. 7
(d) (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
2–203. 13
[(a) From among its members, the Board annually shall elect a chairman.] 14
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 15
APPOINT THE CHAIR OF THE BOARD. 16
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 17
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 18
(4) IF A VACANCY OCCURS IN THE OFFICE OF CHAIR , WITHIN 30 DAYS 19
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 20
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 21
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 22
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 23
[(b)] (C) The Board shall determine: 24
(1) The manner of election of officers; [and] 25
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 26
[(2)] (3) The duties of each officer. 27
2–204. 28 SENATE BILL 899 5
(d) (1) The [Board] SECRETARY, IN CONSULTATION WITH THE BOARD, 1
may employ a staff FOR THE BOARD in accordance with the STATE budget [of the Board]. 2
(2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 3
DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 4
[(e) The Board shall appoint an executive director who: 5
(1) Shall serve at the pleasure of the Board; 6
(2) Is the executive officer of the Board; and 7
(3) Has the powers and duties assigned by the Board.] 8
(E) (1) THE SECRETARY MAY SET THE COMPENS ATION OF AN EMPLOYEE 9
OF THE BOARD IN A POSITION T HAT: 10
(I) IS UNIQUE TO THE BOARD; 11
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 12
THE DUTIES OF THE PO SITION; AND 13
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 14
FUNCTIONS THAT ARE C OMPARABL E TO FUNCTIONS PERFO RMED IN OTHER UNITS 15
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 16
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 17
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 18
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (1) OF THIS 19
SUBSECTION. 20
2–206. 21
(a) There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 22
Speech–Language Pathologists, and Music Therapists Fund. 23
(e) (1) (I) The Fund shall be used to cover the actual documented direct 24
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 25
by the provisions of this article. 26
(II) THE FUND MAY NOT BE USED TO PAY FOR 27
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 28
3–203. 29 6 SENATE BILL 899
[(a) From among its members, the Board annually shall elect a president, a 1
vice–president, and a secretary–treasurer.] 2
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
APPOINT THE PRESIDEN T OF THE BOARD. 4
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 5
(3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 6
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 7
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 8
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VACATING 9
PRESIDENT. 10
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 11
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 12
NECESSARY. 13
[(b)] (C) The Board shall determine: 14
(1) The manner of election of officers; [and] 15
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 16
[(2)] (3) The duties of each officer. 17
3–204. 18
(d) (1) (I) The [Board and the State Board of Massage Therapy Examiners] 19
SECRETARY, IN CONSULTATION WITH THE BOARD, may employ a staff FOR THE 20
BOARD AND THE STATE BOARD OF MASSAGE THERAPY EXAMINERS in accordance 21
with the [budgets of the boards] STATE BUDGET . 22
[(2)] (II) The [Board and the State Board of Massage Therapy Examiners 23
jointly shall appoint a staff member] SECRETARY, IN CONSUL TATION WITH THE 24
BOARD, MAY DESIGNATE ONE OF THE STAFF as [the] AN executive director[, who serves 25
at the pleasure of both boards]. 26
[(3)] (2) The [executive director] SECRETARY MAY SET THE 27
COMPENSATION OF AN E MPLOYEE OF THE BOARD IN A POSITION T HAT: 28
[(i) Is the executive director of both boards; and 29 SENATE BILL 899 7
(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 RE QUIRE THE EMPLOYEE T O 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
4–203. 19
(a) (1) THE GOVERNOR, IN CONSULTATION WITH TH E BOARD, SHALL 20
APPOINT THE PRESIDEN T OF THE BOARD. 21
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 22
(3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 23
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 24
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 25
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 26
PRESIDENT. 27
(B) From among its members, the Board shall elect [a president and a secretary] 28
ANY OFFICERS , OTHER THAN THE PRESI DENT AND VICE PRESIDENT , THAT IT 29 8 SENATE BILL 899
CONSIDERS NECESSARY . 1
[(b)] (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
4–204. 6
(c) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH TH E 7
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 8
the Board]. 9
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 10
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 11
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE 12
OF THE BOARD IN A POSITION T HAT: 13
(I) IS UNIQUE TO THE BOARD; 14
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 15
THE DUTIES OF THE PO SITION; AND 16
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 17
FUNCTIONS THAT A RE COMPARABLE TO FUN CTIONS PERFORMED IN OTHER UNITS 18
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 19
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 20
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 21
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARAGRAPH (2) OF THIS 22
SUBSECTION. 23
4–207. 24
(a) There is a State Board of Dental Examiners Fund. 25
(d) (1) (I) The Fund shall be used to cover the actual documented direct 26
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 27
by the provisions of this article. 28
(II) THE FUND MAY NOT BE USED TO PAY FOR 29 SENATE BILL 899 9
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 1
5–203. 2
(a) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
APPOINT THE CHAIR OF THE BOARD. 4
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 5
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 6
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 7
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 8
TO ELECT A CHAIR TO COMPLETE TH E TERM OF THE VACATI NG CHAIR. 9
(B) From among its members, the Board [annually] shall elect [a chairman, a vice 10
chairman, and a secretary] ANY OFFICERS, OTHER THAN THE CHAIR AND VICE CHAIR, 11
THAT IT CONSIDERS NE CESSARY. 12
[(b)] (C) The Board shall determine: 13
(1) The manner of election of officers; [and] 14
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 15
[(2)] (3) The duties of each officer. 16
5–204. 17
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 18
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 19
the Board]. 20
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 21
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE 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
10 SENATE BILL 899
(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 SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 6
SUBSECTION. 7
5–206. 8
(a) There is a State Board of Dietetic Practice 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
6–203. 15
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 16
APPOINT THE CHAIR OF THE BOARD. 17
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 18
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 19
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 20
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 21
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 22
[(a)] (B) From among its members, the Board [annually] shall elect [a chair, vice 23
chair, and secretary–treasurer] ANY OFFICERS , OTHER THAN THE CHAIR AND VICE 24
CHAIR, THAT IT CONSIDERS NE CESSARY. 25
[(b)] (C) The Board shall determine: 26
(1) The manner of election of the officers; [and] 27
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 28
[(2)] (3) The duties of each officer. 29 SENATE BILL 899 11
6–204. 1
(a) The SECRETARY, IN CONSULTATION WITH THE BOARD, MAY EMPLOY A 2
STAFF FOR THE Board and the State Board of Chiropractic Examiners [may employ a 3
staff] in accordance with the [budgets of the boards] STATE BUDGET . 4
(b) The [Board and the State Board of Chiropractic Examiners jointly shall 5
appoint] SECRETARY, IN CONSULTATION WITH THE BOARD, MAY DESIGNATE ONE OF 6
THE STAFF AS an executive director[, who serves at the pleasure of both boards]. 7
[(c) The executive director: 8
(1) Is the executive officer of both boards; and 9
(2) Has the powers and duties assigned by the boards.] 10
(C) (1) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 11
OF THE BOARD IN A POSITION T HAT: 12
(I) IS UNIQUE TO THE BOARD; 13
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 14
THE DUTIES OF THE PO SITION; AND 15
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 16
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 17
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 18
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 19
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 20
WHICH THE SECRETARY MAY SET COMPENSAT ION UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION. 22
6–207. 23
(a) There is a State Board of Massage Therapy Examiners Fund. 24
(d) (1) (I) The Fund shall be used to cover the actual documented direct 25
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 26
in this title. 27
(II) THE FUND MAY NOT BE USED TO PAY FOR 28
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 29
12 SENATE BILL 899
7–203. 1
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 2
APPOINT THE PRESIDEN T OF THE BOARD. 3
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 4
(3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 5
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 6
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SPECIAL 7
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 8
PRESIDENT. 9
[(a)] (B) From among its members, the Board shall elect [a president, a first vice 10
president, and a second vice president] ANY OFFICERS, OTHER THAN THE PRE SIDENT 11
AND VICE PRESIDENT , THAT IT CONSIDERS NE CESSARY. 12
[(b)] (C) The Board shall determine: 13
(1) The manner of election of officers; 14
(2) The term of office of each officer; and 15
(3) The duties of each officer. 16
7–204. 17
(d) (1) (I) The [Board may appoint a Board secretary, who may be a 18
member of the Board. 19
(2) The Board] SECRETARY, IN CONSULTATION WITH THE BOARD, may 20
employ [inspectors and other] staff FOR THE BOARD in accordance with the STATE budget 21
[of the Board]. 22
(II) THE SECRETARY, IN CONSULTATION WITH TH E BOARD, 23
MAY DESIGNATE ONE OF THE STAFF AS BOARD SECRETARY . 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 SENATE BILL 899 13
THE DUTIES OF THE PO SITION; AND 1
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 2
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 3
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 4
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 5
CONSULTATION WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR 6
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 7
SUBSECTION. 8
7–206. 9
(a) There is a State Board of Morticians and Funeral Directors Fund. 10
(d) (1) (I) The Fund shall be used to cover the actual documented direct 11
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 12
by the provisions of this article. 13
(II) THE FUND MAY NOT BE USED TO PAY FOR 14
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 15
8–203. 16
[(a) (1) Subject to paragraph (2) of this subsection, from among its members, 17
the Board shall elect a president and a secretary once every 2 years in June or as required 18
by subsection (c) of this section. 19
(2) The president of the Board shall be a registered nurse. 20
(3) The president shall serve a 2–year term unless: 21
(i) The term of the member serving as the president expires before 22
the end of the member’s term as president; or 23
(ii) The president resigns.] 24
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 25
APPOINT THE PRESIDEN T OF THE BOARD. 26
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 27
(3) THE PRESIDENT MAY A PPOINT A VICE PRESID ENT. 28
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 29 14 SENATE BILL 899
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 1
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 2
PRESIDENT. 3
(B) FROM AMONG ITS MEMBERS, THE BOARD SHALL ELECT ANY OFFICERS, 4
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 5
NECESSARY. 6
[(b)] (C) The Board shall determine: 7
(1) The manner of election of officers; [and] 8
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 9
[(2)] (3) The duties of each officer. 10
[(c) If a vacancy occurs under subsection (a)(3)(ii) of this section, the Board shall 11
hold a special election to elect a president to complete the term of the vacating president 12
within 30 days of the date of the vacancy.] 13
8–204. 14
[(d) The Board may: 15
(1) Employ a staff in accordance with the State budget; 16
(2) Define the duties of its staff. 17
(3) Employ: 18
(i) An executive director who shall be a registered nurse with a 19
minimum of a master’s degree in nursing or the equivalent, in the judgment of the Board, 20
in professional education and administrative experience; and 21
(ii) A deputy director who shall assume the duties and authority of 22
the executive director in the absence of the executive director.] 23
(D) (1) (I) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 24
MAY EMPLOY A STAFF F OR THE BOARD IN ACCORDANCE W ITH THE STATE BUDGET . 25
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 26
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 SENATE BILL 899 15
(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 S ET COMPENSATION UNDE R PARAGRAPH (2) OF THIS 9
SUBSECTION. 10
8–206. 11
(a) There is a Board of Nursing Fund. 12
(e) (1) (I) The Board of Nursing Fund shall be used exclusively to cover the 13
actual documented direct and indirect costs of fulfilling the statutory and regulatory duties 14
of the Board as provided by the provisions of this title. 15
(II) THE BOARD OF NURSING FUND MAY NOT BE USED TO PAY 16
FOR INFRASTRUCTURE O PERATIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
9–203. 18
(a) (1) [From among the Board member s, the] THE Governor, IN 19
CONSULTATION WITH TH E BOARD, shall appoint a [chairman and vice chairman] CHAIR 20
of the Board. 21
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 22
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 23
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAIR, WITHIN 30 DAYS 24
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 25
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 26
[(b) (1) The Board shall appoint and the Secretary shall confirm the Board 27
executive director. 28
(2) The Board executive director may not be a member of the Board and 29
serves at the pleasure of the Board. 30 16 SENATE BILL 899
(3) The Board executive director is the executive officer of the Board. 1
(4) The Board executive director shall have, at a minimum, a bachelor’s 2
degree. 3
(c) The Board shall determine the duties of each officer.] 4
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 5
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 6
(C) THE BOARD SHALL DETERMINE : 7
(1) THE MANNER O F ELECTION OF OFFICE RS; 8
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 9
(3) THE DUTIES OF EACH OF FICER. 10
9–204. 11
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 12
BOARD, may employ a staff FOR THE BOARD in accordance with the State budget. 13
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 14
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 15
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 16
OF THE BOARD IN A POSITION T HAT: 17
(I) IS UNIQUE TO THE BOARD; 18
(II) REQUIRES SPECIFIC SKILLS OR E XPERIENCE TO PERFORM 19
THE DUTIES OF THE PO SITION; AND 20
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 21
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 22
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 23
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 24
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 25
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 26
SUBSECTION. 27
SENATE BILL 899 17
10–203. 1
[(a) From among its members, the Board shall annually elect one o r more 2
chairpersons.] 3
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 4
APPOINT THE CHAIR OF THE BOARD. 5
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 6
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 7
(4) IF A VACANCY OCCURS I N THE OFFICE OF CH AIR, WITHIN 30 DAYS 8
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 9
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 10
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 11
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NEC ESSARY. 12
[(b)] (C) The Board shall determine: 13
(1) The manner of election of [the chairpersons] OFFICERS; 14
(2) The term of office of [the chairpersons] EACH OFFICER ; and 15
(3) The duties of [the chairpersons] EACH OFFICER . 16
10–204. 17
(d) (1) [The Board shall appoint an Executive Director of the Board that serves 18
at the pleasure of the Board as its executive officer. 19
(2)] In accordance with the STATE budget [of the Board], the [Board] 20
SECRETARY, IN CONSULTATION WITH THE BOARD, may employ: 21
(i) A staff; and 22
(ii) Any experts and consultants necessary to obtain information and 23
advice that relate to occupational therapy. 24
(2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 25
DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 26
(3) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 27
OF THE BOARD IN A POSITION T HAT: 28 18 SENATE BILL 899
(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
(4) 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 (3) OF THIS 9
SUBSECTION. 10
10–206. 11
(a) There is a State Board of Occupational Therapy 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
11–203. 18
[(a) From among its members, the Board every 2 years shall elect a president, a 19
secretary, and a treasurer.] 20
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 21
APPOINT THE PRESIDEN T OF THE BOARD. 22
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 23
(3) THE PRESIDENT MAY APPOINT A VI CE PRESIDENT. 24
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 25
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 26
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 27
PRESIDENT. 28
(B) FROM AMONG ITS MEMBERS , THE BOARD SHALL ELECT ANY OFFICERS, 29 SENATE BILL 899 19
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 1
NECESSARY. 2
[(b)] (C) The Board shall determine: 3
(1) The manner of election of officers; [and] 4
(2) THE TERM OF OFFICE OF EACH OFFICER; AND 5
[(2)] (3) The duties of each officer. 6
11–204. 7
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 8
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 9
the Board]. 10
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 11
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE 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 THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR 22
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 23
SUBSECTION. 24
11–207. 25
(a) There is a State Board of Examiners in Optometry 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 20 SENATE BILL 899
(II) THE FUND MAY NOT BE USED TO PAY FOR 1
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 2
12–203. 3
[(a) From among its members, the Board annually shall elect a president, a 4
secretary, and a treasurer.] 5
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 6
APPOINT THE PRESIDEN T OF THE BOARD. 7
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 8
(3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 9
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 10
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 11
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VACAT ING 12
PRESIDENT. 13
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 14
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 15
NECESSARY. 16
[(b)] (C) The Board shall determine: 17
(1) The manner of election of officers; [and] 18
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 19
[(2)] (3) The duties of each officer. 20
12–204. 21
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 22
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 23
the Board]. 24
[(2)] (II) The [Board] SECRETARY, IN CONSULTATION WITH THE 25
BOARD, may designate [1 of its] ONE OF THE staff as an executive director. 26
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 27
OF THE BOARD IN A POSITION T HAT: 28 SENATE BILL 899 21
(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
12–206. 11
(a) There is a State Board of Pharmacy 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 F OR 16
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 17
13–203. 18
[(a) From among its members, the Board annually shall elect a chairman and vice 19
chairman.] 20
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 21
APPOINT THE CHAIR O F 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 TH E TERM OF THE VACATI NG CHAIR. 27
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 28
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 29 22 SENATE BILL 899
[(b)] (C) The Board shall determine: 1
(1) The manner of election of [the chairman and vice chairman; and] 2
OFFICERS; 3
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 4
[(2)] (3) The duties of [the chairman and vice chairman] EACH OFFICER . 5
[13–204. 6
(a) The Board shall appoint a Board executive director, who serves at the pleasure 7
of the Board. 8
(b) The Board executive director: 9
(1) Is the executive officer of the Board; and 10
(2) Has the powers and duties assigned by the Board.] 11
13–204. 12
(A) (1) IN ACCORDANCE WITH TH E STATE BUDGET , THE SECRETARY, IN 13
CONSULTATION WITH THE BOARD, MAY EMPLOY : 14
(I) A STAFF FOR THE BOARD; AND 15
(II) EXPERTS AND CONSULTAN TS TO OBTAIN INFORMA TION 16
AND ADVICE THAT RELA TE TO PHYSICAL THERA PY. 17
(2) THE SECRETARY, IN CONSULTATION WITH THE BOARD, MAY 18
DESIGNATE ONE OF THE STAFF AS AN EXECUTIV E DIRECTOR. 19
(B) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE OF 20
THE BOARD IN A POSITION T HAT: 21
(1) IS UNIQUE TO THE BOARD; 22
(2) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM THE 23
DUTIES OF THE POSITION; AND 24
(3) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM FUNCTIONS 25
THAT ARE COMPARABLE TO FUNCTIONS PERFORM ED IN OTHER UNITS OF THE 26 SENATE BILL 899 23
EXECUTIVE BRANCH OF STATE GOVERNMENT . 1
(C) THE SECRETARY OF BUDGET AND MANAGEMENT , IN CONSULTATION 2
WITH THE SECRETARY, SHALL DETERMINE THE POSITIONS FOR WHICH THE 3
SECRETARY MAY SET COM PENSATION UNDER SUBS ECTION (B) OF THIS SECTION. 4
13–205. 5
[(d) In accordance with the budget of the Board, the Board may employ: 6
(1) A staff; and 7
(2) Experts and consultants to obtain information and advice that relate to 8
physical therapy.] 9
13–207. 10
(a) There is a State Board of Physical Therapy Examiners 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
14–203. 17
(a) (1) The Governor shall appoint the chair of the Board. 18
(2) The term of office of the chair is 2 years. 19
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 20
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 21
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 22
TO ELECT A CHA IR TO COMPLETE THE T ERM OF THE VACATING CHAIR. 23
(b) From among its members, the Board shall elect any officers, other than the 24
chair AND VICE CHAIR , that it considers necessary. 25
(c) The Board shall determine: 26
(1) The manner of election of officers; 27
(2) The term of office of each officer; and 28 24 SENATE BILL 899
(3) The duties of each officer. 1
14–207. 2
(a) There is a Board of Physicians Fund. 3
(e) (1) (I) The Fund shall be used exclusively to cover the actual 4
documented direct and indirect costs of fulfilling the statutory and regulatory duties of the 5
Board as provided by the provisions of this title. 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
16–203. 9
[(a) From among its members, the Board shall elect a president and a 10
secretary–treasurer.] 11
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 12
APPOINT THE PRESIDEN T OF THE BOARD. 13
(2) THE TERM OF OFFICE OF THE PRESIDENT IS 2 YEARS. 14
(3) THE PRESIDENT MAY APP OINT A VICE PRESIDEN T. 15
(4) IF A VACANCY OCCURS I N THE OFFICE OF PRES IDENT, WITHIN 30 16
DAYS AFTER THE DATE OF THE VACANCY , THE BOARD SHALL HOLD A SP ECIAL 17
ELECTION TO ELECT A PRESIDENT TO COMPLET E THE TERM OF THE VA CATING 18
PRESIDENT. 19
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS , 20
OTHER THAN THE PRESI DENT AND VICE PRESID ENT, THAT IT CONSIDERS 21
NECESSARY. 22
[(b)] (C) The Board shall determine: 23
(1) The manner of election of officers; 24
(2) The term of office of each officer; and 25
(3) The duties of each officer. 26
16–204. 27
SENATE BILL 899 25
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 1
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 2
the Board]. 3
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 4
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 5
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 6
OF THE BOARD IN A POSITION T HAT: 7
(I) IS UNIQUE TO THE BOARD; 8
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 9
THE DUTIES OF THE POSITION; AND 10
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 11
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 12
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 13
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 14
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 15
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 16
SUBSECTION. 17
16–206. 18
(a) There is a State Board of Podiatric Medical Examiners Fund. 19
(d) (1) (I) The Fund shall be used to cover the actual documented direct 20
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 21
by the provisions of this article. 22
(II) THE FUND MAY NOT BE USED TO PAY FOR 23
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 24
17–203. 25
(a) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 26
APPOINT THE CHAIR OF THE BOARD. 27
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 28
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 29
26 SENATE BILL 899
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 1
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 2
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 3
(B) From among its members, the Board [annually] shall elect[: 4
(1) A chairperson; 5
(2) A vice chairperson; and 6
(3) A secretary] ANY OFFICERS , OTHER THAN THE CHAIR AND VICE 7
CHAIR, THAT IT CONSIDERS NE CESSARY. 8
[(b)] (C) The Board shall determine: 9
(1) The manner of election of officers; 10
(2) The term of office of each officer; and 11
(3) The duties of each officer. 12
17–204. 13
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 14
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 15
the Board]. 16
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 17
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 T HAT: 20
(I) IS UNIQUE TO THE BOARD; 21
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 22
THE DUTIES OF THE POSITION; 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 SENATE BILL 899 27
SUBSECTION. 1
17–206. 2
(a) There is a State Board of Professional Counselors and Therapists 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
18–203. 9
[(a) From among its members, the Board annually shall elect a chairman and a 10
vice chairman.] 11
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 12
APPOINT THE CHAIR OF THE BOARD. 13
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 14
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 15
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 16
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 17
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 18
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 19
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 20
[(b)] (C) The Board shall determine: 21
(1) The manner of election of officers; [and] 22
(2) THE TERM OF OFFICE OF EACH OFFICER; AND 23
[(2)] (3) The duties of each officer. 24
18–204. 25
[(d) (1) The Board may designate one of its staff as Board administrator. 26
28 SENATE BILL 899
(2) The Board administrator may be compensated in accordance with the 1
budget of the Board. 2
(3) The Board may employ other staff in accordance with the budget of the 3
Board.] 4
(D) (1) (I) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 5
MAY EMPLOY A STAFF F OR THE BOARD IN ACCORDANCE W ITH THE STATE BUDGET . 6
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 7
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 8
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 9
OF THE BOARD IN A POSITION T HAT: 10
(I) IS UNIQUE TO THE BOARD; 11
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 12
THE DUTIES OF THE POSITION; AND 13
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 14
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 15
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 16
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 17
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 18
WHICH THE SECRETARY MAY SET COM PENSATION UNDER PARA GRAPH (2) OF THIS 19
SUBSECTION. 20
18–207. 21
(a) There is a State Board of Examiners for Psychologists Fund. 22
(d) (1) (I) The Fund shall be used to cover the actual documented direct 23
and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided 24
by the provisions of this article. 25
(II) THE FUND MAY NOT BE USED TO PAY FOR 26
INFRASTRUCTURE OPERA TIONS, AS DEFINED IN § 1–203(B) OF THIS ARTICLE. 27
19–203. 28
(a) [(1) From among its members, the Board shall elect a chair, vice chair, and 29
secretary–treasurer every 2 years.] 30
SENATE BILL 899 29
(1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 1
APPOINT THE CHAIR OF THE BOARD. 2
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 3
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 4
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 5
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 6
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR. 7
[(2)] (B) [The] FROM AMONG ITS MEMBER S, THE Board [may] SHALL 8
elect [other] ANY officers [as], OTHER THAN THE CHAIR AND VICE CHAIR , THAT IT 9
CONSIDERS necessary [to fulfill the duties and responsibilities of the Board]. 10
[(b)] (C) The Board shall determine: 11
(1) The manner of election of [the chair, vice chair, secretary–treasurer, 12
and other officers; and] OFFICERS; 13
(2) THE TERM OF OFFICE OF EACH OFFICER ; AND 14
[(2)] (3) The duties of each officer. 15
19–204. 16
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 17
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 18
the Board]. 19
(II) THE SECRETARY, IN CONSULTATION WITH THE BOARD, 20
MAY DESIGNATE ONE OF THE STAFF AS AN EXEC UTIVE DIRECTOR . 21
(2) THE SECRETARY MAY SET THE COMPENSA TION OF AN EMPLOYEE 22
OF THE BOARD IN A POSITION T HAT: 23
(I) IS UNIQUE TO THE BOARD; 24
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 25
THE DUTIES OF THE PO SITION; AND 26
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 27
FUNCTIONS THAT ARE COMPARABLE TO FUNCTIONS PERFORM ED IN OTHER UNITS 28
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 29 30 SENATE BILL 899
(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 PARAGRAP H (2) OF THIS 3
SUBSECTION. 4
[(e) (1) The Board shall appoint an executive director. 5
(2) The executive director: 6
(i) Serves at the pleasure of the Board; 7
(ii) Is the executive officer of the Board; and 8
(iii) Has the powers and duties assigned by the Board.] 9
19–206. 10
(a) There is a State Board of Social Work Examiners Fund. 11
(f) (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
20–203. 17
(a) [From among its members, the Board annually shall elect a chairman, vice 18
chairman, and executive secretary.] 19
(1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 20
APPOINT THE CHAIR OF THE BOARD. 21
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 22
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 23
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAIR, WITHIN 30 DAYS 24
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 25
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 26
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 27
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 28 SENATE BILL 899 31
[(b)] (C) The Board shall determine: 1
(1) The manner of election of officers; 2
(2) The term of office of each officer; and 3
(3) The duties of each officer. 4
20–204. 5
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 6
BOARD, may employ A staff FOR THE BOARD in accordance with the STATE budget [of 7
the Board]. 8
[(e)] (II) The [Board may appoint] SECRETARY, IN CONSULTATION 9
WITH THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive director. 10
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 11
OF THE BOARD IN A POSITION T HAT: 12
(I) IS UNIQUE TO THE BOARD; 13
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 14
THE DUTIES OF THE PO SITION; AND 15
(III) DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 16
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 17
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 18
(3) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 19
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 20
WHICH THE SECRETARY MAY SET COMPENSATI ON UNDER PARAGRAPH (2) OF THIS 21
SUBSECTION. 22
[(f) The executive director: 23
(1) Serves at the pleasure of the Board; 24
(2) Serves as the executive officer of the Board; and 25
(3) Has the powers and duties assigned by the Board.] 26
21–203. 27
32 SENATE BILL 899
[(a) From among its members, the Board shall elect a chairman, a vice chairman, 1
and a secretary once every 2 years.] 2
(A) (1) THE GOVERNOR, IN CONSULTATION WITH THE BOARD, SHALL 3
APPOINT THE CHAIR OF THE BOARD. 4
(2) THE TERM OF OFFICE OF THE CHAIR IS 2 YEARS. 5
(3) THE CHAIR MAY APPOINT A VICE CHAIR. 6
(4) IF A VACANCY OCCURS I N THE OFFICE OF CHAI R, WITHIN 30 DAYS 7
AFTER THE DATE OF TH E VACANCY, THE BOARD SHALL HOLD A SP ECIAL ELECTION 8
TO ELECT A CHAIR TO COMPLETE THE TERM OF THE VACATING CHAIR . 9
(B) FROM AMONG ITS MEMBER S, THE BOARD SHALL ELECT ANY OFFICERS, 10
OTHER THAN THE CHAIR AND VICE CHAIR, THAT IT CONSIDERS NE CESSARY. 11
[(b)] (C) The Board shall determine: 12
(1) The manner of election of officers; [and] 13
(2) THE TERM OF OFFICE OF EACH OFFICER; AND 14
[(2)] (3) The duties of each officer. 15
21–204. 16
(d) (1) (I) The [Board] SECRETARY, IN CONSULTATION WITH THE 17
BOARD, may employ a staff FOR THE BOARD in accordance with the STATE budget [of 18
the Board]. 19
[(e) (1)] (II) The [Board shall appoint] SECRETARY, IN CONSULTATION 20
WITH THE BOARD, MAY DESIGNATE ONE OF THE STAFF AS an executive director. 21
[(2) The executive director shall: 22
(i) Serve at the pleasure of the Board; 23
(ii) Act as the executive officer of the Board; and 24
(iii) Carry out the powers and duties assigned by the Board.] 25
(2) THE SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE 26
OF THE BOARD IN A POSITION T HAT: 27 SENATE BILL 899 33
(I) IS UNIQUE TO THE BOARD; 1
(II) REQUIRES SPECIFIC SKI LLS OR EXPERIENCE TO PERFORM 2
THE DUTIES OF THE POSITION; 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
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12