There is a State Board of Physicians in the Department.

The Board shall consist of 22 members appointed by the Governor with the advice of the Secretary and the advice and consent of the Senate. Of the 22 members: 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: 1 shall be appointed from a list containing 3 names submitted by the Johns Hopkins University School of Medicine; and 1 shall be appointed from a list containing 3 names submitted by the University of Maryland School of Medicine; 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. Each consumer or public member of the Board: 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. A consumer member of the Board may not have a substantial personal, business, professional, or pecuniary connection with a medical field or with an institution of medical education or a health care facility. While serving as a member of the Board, each consumer member and the public member shall continue to meet the requirements of subsection (b) of this section. For each vacancy of a practicing licensed physician appointed in accordance with subsection (a)(2)(i) of this section, the Board shall: 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: Valid nominations submitted by professional organizations representing at least 25 licensed physicians in the State; and Valid petitions submitted by practicing licensed physicians. The Board shall meet the requirements of paragraph (1) of this subsection within: 4 months prior to an upcoming vacancy on the Board; or 2 months after a vacancy exists on the Board. For each vacancy of a practicing licensed physician appointed in accordance with subsection (a)(2)(i) of this section, the Governor: May: 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 May not reappoint or appoint a practicing licensed physician from a particular medical specialty if there are two current members serving on the Board from the same medical specialty. For the vacancy of a certified physician assistant appointed in accordance with subsection (a)(2)(iv) of this section, the Board shall: 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: Valid nominations submitted by professional organizations representing at least 25 certified physician assistants in the State; and Valid petitions submitted by practicing certified physician assistants supporting the appointment of the certified physician assistant to the Board that are signed by at least 25 practicing certified physician assistants in the State. The Board shall meet the requirements of paragraph (1) of this subsection within: 4 months prior to an upcoming vacancy on the Board; or 2 months after a vacancy exists on the Board. For each vacancy of a certified physician assistant appointed in accordance with subsection (a)(2)(iv) of this section, the Governor may: Reappoint a member who has not served for more than two consecutive full terms; or Appoint a certified physician assistant in accordance with subsection (a)(2)(iv) of this section from lists submitted by the Board as provided in subsection (f)(1)(iv) of this section. 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 August 1, 2003. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member may not serve more than 2 consecutive full terms. If a vacancy occurs as to a member, the Governor shall appoint a new member to serve 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. On the recommendation of the Board, the Secretary may remove any member of the Board for neglect of duty, misconduct, malfeasance, or misfeasance in office. 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 Governor may remove a member for incompetence or misconduct.

The Governor shall appoint the chair of the Board. The term of office of the chair is 2 years. From among its members, the Board shall elect any officers, other than the chair, that it considers necessary. The Board shall determine: The manner of election of officers; The term of office of each officer; and The duties of each officer.

A majority of the members then serving on the Board is a quorum. The Board shall meet: At the times and places that it determines; and As requested by the Secretary. Each member of the Board is entitled to: Compensation in accordance with the State budget; and Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. 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. The Secretary may set the compensation of an employee of the Board in a position that: 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 Secretary of Budget and Management, in consultation with the Secretary, shall determine the positions for which the Secretary may set compensation under paragraph (2) of this subsection. To provide adequate assistance in the investigation, development, and prosecution of cases referred to the Board, the Board shall be assigned a sufficient number of: Assistant Attorneys General by the Attorney General; and Investigators and hearing officers by the Secretary.

In addition to the powers and duties set forth in this title and in Title 15 of this article, the Board shall: Enforce this title and Title 15 of this article; Adopt regulations to carry out the provisions of this title and Title 15 of this article; Establish policies for Board operations; Maintain the rules, regulations, and policies of the Board so that the rules, regulations, and policies reflect the current practices of the Board; Oversee: The licensing requirements for physicians and the allied health professionals; and The issuance and renewal of licenses; Maintain secure and complete records; Review and preliminarily investigate complaints, including acknowledging receipt of complaints and informing complainants of the final disposition of complaints; Develop and implement methods to: Assess and improve licensee practices; and Ensure the ongoing competence of licensees; Ensure that an opportunity for a hearing is provided to an individual, in accordance with law, before any action is taken against the individual; Adjudicate nondisciplinary matters within the Board’s jurisdiction; Report on all disciplinary actions, license denials, and license surrenders; Establish appropriate fees that are adequate to fund the effective regulation of physicians and allied health professionals; Make recommendations that benefit the health, safety, and welfare of the public; Provide ongoing education and training for Board members to ensure that the Board members can competently discharge their duties; Direct educational outreach to and communicate with licensees and the public; Develop and adopt a budget that reflects revenues and supports the costs associated with each allied health profession regulated by the Board; Develop and approve an annual report and other required reports for submission to the Secretary, the Governor, the General Assembly, and the public; Approve contracts as needed and within budgetary limits; Appoint standing and ad hoc committees from among Board members as necessary; Delegate to the executive director of the Board the authority to discharge Board or disciplinary panel duties, as deemed appropriate and necessary by the Board or disciplinary panel, and hold the executive director accountable to the Board; and Appoint members of the disciplinary panels. In addition to the powers set forth elsewhere in this title, the Board may: 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. The Board or a disciplinary panel may investigate an alleged violation of this title and Title 15 of this article. Subject to the Administrative Procedure Act and the hearing provisions of § 14–405 of this title, a disciplinary panel may deny a license to an applicant or, if an applicant has failed to renew the applicant’s license, refuse to renew or reinstate an applicant’s license for: 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. In addition to the duties set forth elsewhere in this title, the Board shall: 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 Board may not release a list of applicants for licensure. Except as otherwise specified in statute, the Board may adopt regulations regarding advisory committees established under this title and Title 15 of this article governing: The term of office for members; The procedures for filling vacancies on an advisory committee; The removal of members; and The duties of each officer.

On or before October 1 each year, the Board shall submit to the Governor, the Secretary, and, in accordance with § 2–1257 of the State Government Article, the General Assembly an annual report that includes the following data calculated on a fiscal year basis: Relevant disciplinary indicators, including: The number of new complaints investigated for physicians, allied health practitioners, and unlicensed individuals; The number of complaints that remain open as of June 30 of the immediately preceding fiscal year at the Board and at the Office of the Attorney General; The three most common grounds for complaints; The three most common sources of the complaints received; The number and types of disciplinary actions taken by the Board; The total number of cases referred to peer review; and Of the cases referred to peer review: 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; The number of cases not completed within 18 months by the Board and the reasons for the failure to complete the cases in 18 months; and For both physicians and allied health professionals: The total number of all licensees; The number of initial, renewal, and reinstatement licenses issued; The number of positive and negative criminal history records checks results received; The number of individuals denied initial or renewal licensure due to positive criminal history records checks results; and The number of individuals denied initial, renewal, or reinstatement licensure due to reasons other than a positive criminal history records check.

The Board shall provide training on an as–needed basis to the personnel of the Office of Administrative Hearings in order to improve the quality and efficiency of the hearings in physician discipline cases.

Over the signature of an officer, the executive director, or the deputy director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court. If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter. If the entry is necessary to carry out a duty under this title or Title 15 of this article, the Board’s executive director or other duly authorized agent or investigator of the Board may enter at any reasonable hour: A place of business of a licensee; or Public premises. A person may not deny or interfere with an entry under this subsection. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,000. A disciplinary panel may issue a cease and desist order or obtain injunctive relief against an individual for: Practicing a profession regulated under this title or Title 15 of this article without a license or with an unauthorized person; Representing to the public, by title, description of services, methods, procedures, or otherwise, that the individual is authorized to practice: 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 Taking any action: 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. The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for noncompliance with a cease and desist order.

Based on a complaint received by the Board, the executive director of the Board may apply to a judge of the District Court or a circuit court for a search warrant to enter private premises where the Board or a disciplinary panel suspects that a person who is not licensed by the Board is practicing, attempting to practice, or offering to practice medicine. An application for a search warrant shall: Be in writing; Be verified by the applicant; and Describe the premises to be searched and the nature, scope, and purpose of the search. A judge who receives an application for a search warrant may issue a warrant on a finding that: The scope of the proposed search is reasonable; The request for a search warrant is based on a complaint received by the Board; and Obtaining consent to enter the premises may jeopardize the attempt to determine whether a person who is not licensed by the Board is practicing, attempting to practice, or offering to practice medicine. A search warrant issued under this section shall specify the location of the premises to be searched. A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant. A search warrant issued under this section shall be executed and returned to the issuing judge: Within the period specified in the warrant, which may not exceed 30 days after the date of issuance; or Within 15 days after the date of issuance, if no period is specified in the warrant.

There is a Board of Physicians Fund. The Board may set reasonable fees for the issuance and renewal of licenses and its other services provided to applicants or licensees. The fees charged shall be set to generate sufficient funds to approximate the cost of maintaining the Board, the license programs under this title and Title 15 of this article, and the other services it provides to applicants and licensees, including the cost of providing a rehabilitation program under § 14–401.1(g) of this title. Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section. A fee collected under this section, this title, or Title 15 of this article shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board established under this title and Title 15 of this article for the practitioner type of the applicant or licensee from whom the fee was collected. The Board shall pay all fees collected under this title to the Comptroller of the State. In fiscal year 2023 and each fiscal year thereafter, if the Department does not implement a permanent funding structure under § 24–1702(b)(1) of the Health – General Article and the Governor does not include in the State budget at least $400,000 for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute: $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. If the Governor includes in the State budget at least the amount specified in paragraph (1) of this subsection for the operation of the Maryland Loan Assistance Repayment Program for Physicians and Physician Assistants under Title 24, Subtitle 17 of the Health – General Article, as administered by the Department, the Comptroller shall distribute 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. Interest or other income earned on the investment of money in the Fund shall be paid into the Fund. No other State money may be used to support the Fund. In addition to the requirements of subsection (e) of this section, the Board shall fund the budget of the Rehabilitation Program with fees set, collected, and distributed to the Fund under this title. The chair of the Board or the designee of the chair shall administer the Fund. Money in the Fund may be expended only for any lawful purpose authorized by this title. The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

The Board may impose an administrative penalty not exceeding $15,000 on a licensee for: Failure to produce all documents in response to a Board subpoena; Dispensing a drug without the proper authority from a valid dispensing permit; and Failure to complete a supplemental application for a license compact. The Board shall adopt regulations establishing the administrative penalties listed in subsection (a) of this section. The Board shall pay any penalty collected under this section to the Board of Physicians Fund established under § 14–207 of this subtitle.