Maryland Health Occupations Section 20-202

Article - Health Occupations

§ 20-202.

      (a)      (1)      The Board consists of 11 members.

            (2)      Of the 11 Board members:

                  (i)      Six members shall be appointed as follows:

                        1.      Two by the Secretary of Health and Mental Hygiene, one each for the Developmental Disabilities Administration and the Mental Hygiene Administration;

                        2.      One by the Secretary of Juvenile Services for the agency;

                        3.      One by the Secretary of Human Resources for the agency;

                        4.      One by the State Superintendent of Schools; and

                        5.      One by the Subcabinet; and

                  (ii)      Five shall be appointed by the Governor.

            (3)      Of the five appointed by the Governor:

                  (i)      Three shall be program administrators; and

                  (ii)      Two shall be consumer members.

      (b)      The Governor shall appoint members with the advice and consent of the Senate.

      (c)      Each Board member shall:

            (1)      Be a United States citizen; and

            (2)      Have resided in this State for at least 1 year before appointment to the Board.

      (d)      A consumer member of the Board:

            (1)      May not be a program administrator;

            (2)      May not have a household member who is a program administrator;

            (3)      May not have a household member who participates in a commercial or professional field related to administering a program; and

            (4)      May not have had within 2 years before appointment a substantial financial interest in a program regulated by an agency.

      (e)      While a member of the Board, a consumer member may not have a substantial financial interest in a program regulated by an agency.

      (f)      Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the State Constitution.

      (g)      (1)      The term of a member is 4 years.

            (2)      The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2004.

            (3)      At the end of a term, a member continues to serve until a successor is appointed and qualifies.

            (4)      A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

            (5)      A member may not serve more than two consecutive full terms.

            (6)      To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

      (h)      (1)      The Governor may remove a member for incompetence, misconduct, incapacity, or neglect of duty.

            (2)      On the recommendation of the Subcabinet, the Governor may remove a member whom the Subcabinet finds to have been absent from two successive Board meetings without adequate reason.



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