Title 13. Physical Therapists — Subtitle 2. State Board of Physical Therapy Examiners

The Board consists of 9 members.

Of the 9 Board members:

The Governor shall appoint the licensed physical therapist members and the licensed physical therapist assistant members, with the advice of the Secretary, from a list of names of qualified individuals submitted to the Secretary and the Governor by the American Physical Therapy Association of Maryland. The number of names on the list shall be at least three times the number of vacancies.

The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

Shall have at least 5 years’ experience in physical therapy administration, education, practice, or research immediately before appointment; and

Shall be engaged in the profession of physical therapy in this State.

Have 5 years’ experience in limited physical therapy; and

Be engaged in the profession of limited physical therapy in this State.

Shall be a member of the general public;

May not be or ever have been a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;

May not have a household member who is a physical therapist or physical therapist assistant or in training to become a physical therapist or physical therapist assistant;

May not participate or ever have participated in a commercial or professional field related to physical therapy;

May not have a household member who participates in a commercial or professional field related to physical therapy; and

May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

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, 1981.

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.

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

A member may not serve more than 2 consecutive full terms.

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 2 successive Board meetings without adequate reason.

The manner of election of the chairman and vice chairman; and

The duties of the chairman and vice chairman.

Is the executive officer of the Board; and

Has the powers and duties assigned by the Board.

Compensation determined by the Board and in accordance with the budget of the Board; and

Reimbursement for expenses at a rate determined by the Board.

A staff; and

Experts and consultants to obtain information and advice that relate to physical therapy.

Adopt rules and regulations to carry out the provisions of this title;

Adopt standards of practice and a code of ethics for the practice of physical therapy and limited physical therapy; and

Pay, in accordance with the State budget, any necessary expense that relates to the referral of an alleged violation of the criminal provisions of this title.

Keep a list of the name and address of each licensed physical therapist and licensed physical therapist assistant;

Present evidence of any alleged violation of this title to the State’s Attorney of the county where the alleged violation occurred;

Adopt rules and regulations that govern the use of a physical therapy aide by a licensed physical therapist; and

Investigate an alleged violation of this title.

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 Physical Therapy Examiners 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.

Any information contained in a record of the Board if the information relates to an individual licensed by the Board and is based on a final decision of the Board; or

The information that a licensee has charges pending before the Board and there has been no final decision in the matter.