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<section article="gho" article_name="Health Occupations" number="14-202" title_number="14" title_name="Physicians" subtitle_number="2" subtitle_name="State Board of Physicians">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Of the 22 members:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>1 shall be a practicing licensed physician appointed at the Governor’s discretion;</text>
      </level>
      <level label="iii">
        <text>1 shall be a representative of the Department nominated by the Secretary;</text>
      </level>
      <level label="iv">
        <text>1 shall be a licensed physician assistant appointed at the Governor’s discretion as provided in subsections (f) and (g) of this section;</text>
      </level>
      <level label="v">
        <text>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:</text>
        <level label="1">
          <text>1 shall be appointed from a list containing 3 names submitted by the Johns Hopkins University School of Medicine; and</text>
        </level>
        <level label="2">
          <text>1 shall be appointed from a list containing 3 names submitted by the University of Maryland School of Medicine;</text>
        </level>
      </level>
      <level label="vi">
        <text>5 shall be consumer members; and</text>
      </level>
      <level label="vii">
        <text>1 shall be a public member knowledgeable in risk management or quality assurance matters appointed from a list submitted by the Maryland Hospital Association.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Each consumer or public member of the Board:</text>
      <level label="i">
        <text>Shall be a member of the general public;</text>
      </level>
      <level label="ii">
        <text>Shall be a resident of the State for at least 5 years;</text>
      </level>
      <level label="iii">
        <text>May not be or ever have been a physician or in training to become a physician;</text>
      </level>
      <level label="iv">
        <text>May not have a household member who is a physician or in training to become a physician;</text>
      </level>
      <level label="v">
        <text>May not have a household member who participates in a commercial or professional field related to medicine; and</text>
      </level>
      <level label="vi">
        <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>For each vacancy of a practicing licensed physician appointed in accordance with subsection (a)(2)(i) of this section, the Board shall:</text>
      <level label="i">
        <text>Notify all practicing licensed physicians and professional organizations representing at least 25 licensed physicians in the State of the vacancy;</text>
      </level>
      <level label="ii">
        <text>Provide information regarding the selection process as provided under subsection (a)(2)(i) of this section;</text>
      </level>
      <level label="iii">
        <text>Solicit nominations for the vacancy; and</text>
      </level>
      <level label="iv">
        <text>Forward to the Governor:</text>
        <level label="1">
          <text>Valid nominations submitted by professional organizations representing at least 25 licensed physicians in the State; and</text>
        </level>
        <level label="2">
          <text>Valid petitions submitted by practicing licensed physicians.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Board shall meet the requirements of paragraph (1) of this subsection within:</text>
      <level label="i">
        <text>4 months prior to an upcoming vacancy on the Board; or</text>
      </level>
      <level label="ii">
        <text>2 months after a vacancy exists on the Board.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>For each vacancy of a practicing licensed physician appointed in accordance with subsection (a)(2)(i) of this section, the Governor:</text>
    <level label="1">
      <text>May:</text>
      <level label="i">
        <text>Reappoint a member who has not served for more than 2 consecutive full terms; or</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>For the vacancy of a certified physician assistant appointed in accordance with subsection (a)(2)(iv) of this section, the Board shall:</text>
      <level label="i">
        <text>Notify all practicing certified physician assistants and professional organizations representing at least 25 certified physician assistants in the State of the vacancy;</text>
      </level>
      <level label="ii">
        <text>Provide information regarding the selection process as provided under subsection (a)(2)(iv) of this section;</text>
      </level>
      <level label="iii">
        <text>Solicit nominations for the vacancy; and</text>
      </level>
      <level label="iv">
        <text>Forward to the Governor:</text>
        <level label="1">
          <text>Valid nominations submitted by professional organizations representing at least 25 certified physician assistants in the State; and</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The Board shall meet the requirements of paragraph (1) of this subsection within:</text>
      <level label="i">
        <text>4 months prior to an upcoming vacancy on the Board; or</text>
      </level>
      <level label="ii">
        <text>2 months after a vacancy exists on the Board.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>For each vacancy of a certified physician assistant appointed in accordance with subsection (a)(2)(iv) of this section, the Governor may:</text>
    <level label="1">
      <text>Reappoint a member who has not served for more than two consecutive full terms; or</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="h">
    <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>The term of a member is 4 years.</text>
    </level>
    <level label="2">
      <text>The terms of members are staggered as required by the terms provided for members of the Board on August 1, 2003.</text>
    </level>
    <level label="3">
      <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="4">
      <text>A member may not serve more than 2 consecutive full terms.</text>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.</text>
    </level>
  </level>
  <level label="k">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The Governor may remove a member for incompetence or misconduct.</text>
    </level>
  </level>
</section>
