There is a State Board of Podiatric Medical Examiners in the Department.

The Board consists of 7 members. Of the 7 Board members: 5 shall be licensed podiatrists; and 2 shall be consumer members. The Governor shall appoint the podiatrist members, with the advice of the Secretary, from a list of names submitted by the Maryland Podiatric Medical Association. The number of names on the list shall be twice 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. The list submitted by the Maryland Podiatric Medical Association shall consist of names of nominees chosen by a majority of its members present at a meeting called for that purpose. At least 2 weeks before the meeting required by paragraph (1) of this subsection, the Secretary of the Association shall mail to its members, at the addresses that appear on the records of the Association, notice stating the time, place, and purpose of the meeting. Each podiatrist member of the Board shall be: A licensed practicing podiatrist of recognized ability and integrity; A resident of this State who has practiced actively in this State for at least 5 years immediately before appointment; and A licensed podiatrist with peer review experience. Each consumer member of the Board: Shall be a member of the general public; May not be or ever have been a podiatrist or in training to become a podiatrist; May not have a household member who is a podiatrist or in training to become a podiatrist; May not participate or ever have participated in a commercial or professional field related to podiatry; May not have a household member who participates in a commercial or professional field related to podiatry; 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 the 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. A member may not serve more than 2 consecutive full terms. To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy. The Governor shall remove a member for continued neglect of duty, incompetence, or unprofessional or dishonorable conduct. The Governor shall remove a member whom the Governor finds to have been absent from 2 successive Board meetings without adequate reason.

From among its members, the Board shall elect a president and a secretary-treasurer. 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 determine the times and places of its meetings. Each member of the Board is entitled to: Compensation in accordance with the budget of the Board; and Reimbursement for expenses at a rate determined by the Board. The Board may employ a staff in accordance with the budget of the Board.

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; After consulting with the State Board of Pharmacy, adopt rules and regulations regarding the dispensing of prescription drugs by a licensed podiatrist; and On receipt of a written and signed allegation, investigate the same for any possible violation of this title. In addition to the duties set forth elsewhere in this title, the Board shall: Keep a complete record of all its transactions; Investigate any alleged unauthorized practice of podiatry and, if the results of the investigation indicate that the allegation has merit, report it to the State’s Attorney of the county where the alleged violation occurred; On receipt of a written and signed allegation, including a referral from the Commissioner of Labor and Industry: Investigate the allegation for possible violations of this title; Provide notice to the licensed podiatrist that an allegation has been received and forward a copy of the allegation to the licensed podiatrist within 60 days of receipt of the allegation, unless the Board: Makes an affirmative determination that the disclosure would prejudice the investigation of the allegation and notifies the licensee of the determination; Disposes of the allegation within 60 days of the date of receipt of the allegation; or Makes an affirmative determination that any action that the Board may take as a result of the investigation into the allegation will most likely not result in formal disciplinary action; and Periodically notify the licensed podiatrist and all persons of interest of the status of the allegation until such time as the allegation is resolved; and Except for an office of a podiatrist in a hospital, related institution, freestanding medical facility, or freestanding birthing center, conduct an unannounced inspection of the office of a podiatrist against whom a complaint has been filed with the Board regarding a violation of the Centers for Disease Control and Prevention’s guidelines on universal precautions to determine compliance at that office with the guidelines.

There is a State Board of Podiatric Medical Examiners Fund. The Board shall set reasonable fees for the issuance and renewal of licenses and its other services. The fees charged shall be set so as to produce funds 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 Podiatric Medical 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.

A person shall have the immunity from liability described under § 5-716 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.