There is a State Board of Physical Therapy Examiners in the Department.
The Board consists of 9 members.
Of the 9 Board members:
Five shall be licensed physical therapists, of which a minimum of four shall be engaged primarily in the clinical practice of physical therapy in this State;
Two shall be licensed physical therapist assistants practicing limited physical therapy in this State; and
Two shall be consumer 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.
Each licensed physical therapist member:
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.
Each licensed physical therapist assistant member shall:
Have 5 years’ experience in limited physical therapy; and
Be engaged in the profession of limited physical therapy in this State.
Each consumer member of the Board:
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.
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, 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.
From among its members, the Board annually shall elect a chairman and vice chairman.
The Board shall determine:
The manner of election of the chairman and vice chairman; and
The duties of the chairman and vice chairman.
The Board shall appoint a Board executive director, who serves at the pleasure of the Board.
The Board executive director:
Is the executive officer of the Board; and
Has the powers and duties assigned by the Board.
A majority of the full authorized membership of the Board is a quorum to do business.
The Board shall determine the times and places of its meetings.
Each member of the Board is entitled to:
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.
In accordance with the budget of the Board, the Board may employ:
A staff; and
Experts and consultants to obtain information and advice that relate to physical 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;
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.
In addition to the duties set forth elsewhere in this title, the Board shall:
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.
There is a State Board of Physical Therapy Examiners 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 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.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
If it is determined that disclosure of information contained in a record of the Board will serve to protect the public, the Board, after an affirmative vote of a majority, may:
Disclose any information contained in a record of the Board to any other health occupations licensure board of this State if the information relates to an individual licensed or certified by the other board; or
Disclose to a physical therapy licensure board of any other state:
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.
A person shall have the immunity from liability described under § 5-714 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.