Title 14. Physicians — Subtitle 2. State Board of Physicians

11 shall be practicing licensed physicians, at least one of whom shall be a doctor of osteopathy, appointed as provided in subsections (d) and (e) of this section;

1 shall be a practicing licensed physician appointed at the Governor’s discretion;

1 shall be a representative of the Department nominated by the Secretary;

1 shall be a licensed physician assistant appointed at the Governor’s discretion as provided in subsections (f) and (g) of this section;

2 shall be practicing licensed physicians with full–time faculty appointments appointed to serve as representatives of academic medical institutions in the State and of whom:

5 shall be consumer members; and

1 shall be a public member knowledgeable in risk management or quality assurance matters appointed from a list submitted by the Maryland Hospital Association.

Shall be a member of the general public;

Shall be a resident of the State for at least 5 years;

May not be or ever have been a physician or in training to become a physician;

May not have a household member who is a physician or in training to become a physician;

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

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

Notify all practicing licensed physicians and professional organizations representing at least 25 licensed physicians in the State of the vacancy;

Provide information regarding the selection process as provided under subsection (a)(2)(i) of this section;

Solicit nominations for the vacancy; and

Forward to the Governor:

4 months prior to an upcoming vacancy on the Board; or

2 months after a vacancy exists on the Board.

Reappoint a member who has not served for more than 2 consecutive full terms; or

Appoint a practicing licensed physician in accordance with subsection (a)(2)(i) of this section from lists submitted by the Board as provided in subsection (d)(1)(iv) of this section; and

Notify all practicing certified physician assistants and professional organizations representing at least 25 certified physician assistants in the State of the vacancy;

Provide information regarding the selection process as provided under subsection (a)(2)(iv) of this section;

Solicit nominations for the vacancy; and

Forward to the Governor:

4 months prior to an upcoming vacancy on the Board; or

2 months after a vacancy exists on the Board.

The Secretary may employ a staff for the Board in accordance with the State budget.

The Secretary may designate one of the staff as an executive director.

Is unique to the Board;

Requires specific skills or experience to perform the duties of the position; and

Does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.

The licensing requirements for physicians and the allied health professionals; and

The issuance and renewal of licenses;

Assess and improve licensee practices; and

Ensure the ongoing competence of licensees;

Adopt regulations to regulate the performance of acupuncture, but only to the extent authorized by § 14–504 of this title;

After consulting with the State Board of Pharmacy, adopt rules and regulations regarding the dispensing of prescription drugs by a licensed physician;

On receipt of a written and signed complaint, including a referral from the Commissioner of Labor and Industry, conduct an unannounced inspection of the office of a physician or acupuncturist, other than an office of a physician or acupuncturist in a hospital, related institution, freestanding medical facility, or a freestanding birthing center, to determine compliance at that office with the Centers for Disease Control and Prevention’s guidelines on universal precautions; and

Contract with others for the purchase of administrative and examination services to carry out the provisions of this title.

Any of the reasons that are grounds for action under § 14–404, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5D–14, § 14–5E–16, § 14–5F–18, or § 14–5G–18 of this title, as applicable; or

Failure to complete a criminal history records check in accordance with § 14–308.1 of this title.

Issue, for use in other jurisdictions, a certificate of professional standing and a verification of license status to any licensee; and

Keep a list of all pending license applicants.

The Board shall keep a list of all licensees who are currently licensed.

The list shall include each licensee’s designated public address.

A licensee’s designated public address may be a post office box only if the licensee provides to the Board a nonpublic address, under paragraph (3) of this subsection, that is not a post office box.

The list of current licensees is a public record.

The Board shall collect a licensee’s designated nonpublic address, if provided by the licensee, to facilitate communication between the licensee and the Board.

The Board shall offer a licensee the opportunity to designate a nonpublic address, in addition to the licensee’s public address, at the time of initial licensure and license renewal.

A licensee shall designate an address where the Board may send the licensee mail.

A licensee’s designated nonpublic address is not a public record and may not be released by the Board.

The number of peer review cases that resulted in total disagreement;

The number of peer review cases that resulted in charges being issued; and

The number of peer review cases that resulted in closure or closure with an advisory letter;

A place of business of a licensee; or

Public premises.

Medicine in this State, in violation of § 14–602 of this title;

Respiratory care in this State, in violation of § 14–5A–21 of this title;

Radiation therapy, radiography, nuclear medicine technology, or radiation assistance in this State, in violation of § 14–5B–18 of this title;

Polysomnography in this State, in violation of § 14–5C–21 of this title;

Athletic training in this State, in violation of § 14–5D–17(3) of this title;

Perfusion in this State, in violation of § 14–5E–21 of this title;

Naturopathic medicine in this State, in violation of § 14–5F–30 of this title;

Genetic counseling in this State, in violation of § 14–5G–24 of this title;

As a physician assistant in this State, in violation of § 15–402 of this article; or

Limited X–ray machine operation in the State, in violation of § 14–306.3 of this title; or

For which a disciplinary panel determines there is a preponderance of evidence of grounds for discipline under § 14–404, § 14–5A–17, § 14–5B–14, § 14–5C–17, § 14–5E–16, § 14–5F–18, or § 14–5G–18 of this title or § 15–415 of this article; and

That poses a serious risk to the health, safety, and welfare of a patient.

$400,000 of the fees received from the Board to the Department to be used to make grants under the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article to physicians and physician assistants engaged in primary care or to medical residents specializing in primary care who agree to practice for at least 2 years as primary care physicians in a geographic area of the State that has been designated by the Secretary as being medically underserved; and

The balance of the fees to the Board of Physicians Fund.

The Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by this title.

For fiscal year 2027 only, $2,000,000 of the Fund balance may be used to support the programs in the Office of Population Health Improvement within the Department.

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 title.