There is a State Board of Occupational Therapy Practice in the Department.

The Board consists of seven members. Of the seven Board members: Four shall be licensed occupational therapists; One shall be a licensed occupational therapy assistant; and Two shall be consumer members. The Governor shall appoint the occupational therapist members and the occupational therapy assistant member, with the advice of the Secretary, from a list of names submitted to the Secretary and the Governor by the Maryland Occupational Therapy Association. The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate. Each member who is an occupational therapist or an occupational therapy assistant shall: Be a resident of this State at the time of nomination and appointment and for the duration of the term of the member; and For at least 3 of the 5 years immediately before appointment have been engaged in: Practicing occupational therapy or limited occupational therapy; Teaching occupational therapy; or Performing research in occupational therapy. Each consumer member of the Board: Shall be a member of the general public; May not be or ever have been an occupational therapist or occupational therapy assistant or in training to become an occupational therapist or occupational therapy assistant; May not have a household member who is an occupational therapist or occupational therapy assistant or in training to become an occupational therapist or occupational therapy assistant; May not participate or ever have participated in a commercial or professional field related to occupational therapy; May not have a household member who participates in a commercial or professional field related to occupational therapy; and May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board. While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board. Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 4 years. The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1994. At the end of a term, a member continues to serve until a successor is appointed and qualifies. 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. A member may not serve more than two consecutive full terms. To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy. The Governor may remove a member for incompetence or misconduct. Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from two successive Board meetings without adequate reason.

From among its members, the Board shall annually elect one or more chairpersons. The Board shall determine: The manner of election of the chairpersons; The term of office of the chairpersons; and The duties of the chairpersons.

A majority of the full authorized membership of the Board is a quorum. The Board shall meet at least once every 2 months, at the times and places that it determines. Each member of the Board is entitled to: Compensation in accordance with the budget of the Board; and Reimbursement for expenses at a rate determined by the Board. The Board shall appoint an Executive Director of the Board that serves at the pleasure of the Board as its executive officer. In accordance with the budget of the Board, the Board may employ: A staff; and Any experts and consultants necessary to obtain information and advice that relate to occupational therapy.

In addition to the powers set forth elsewhere in this title, the Board may adopt: Rules and regulations to carry out the provisions of this title; A code of ethics for licensees; and In consultation with the State Board of Physical Therapy Examiners and the Board of Chiropractic Examiners, regulations that recognize occupational therapists and occupational therapy assistants who have acquired advanced practice skills. In addition to the duties set forth elsewhere in this title, the Board shall: Keep records and minutes necessary for the orderly conduct of business; Keep a list of each currently licensed occupational therapist and occupational therapy assistant; and Investigate an alleged violation of this title.

There is a State Board of Occupational Therapy Practice Fund. The Board may set reasonable fees for the issuance and renewal of licenses and its other services. The fees charged shall be set so as to approximate the cost of maintaining the Board. Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section. The Board shall pay all funds collected under this title to the Comptroller of the State. The Comptroller shall distribute the fees to the State Board of Occupational Therapy Practice Fund. The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article. The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article. Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article. No other State money may be used to support the Fund. A designee of the Board shall administer the Fund. Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article. The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.

A person shall have the immunity from liability described under § 5-711 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.