There is a State Acupuncture Board in the Department.
The Board consists of seven members appointed by the Governor.
Of the seven members:
Five shall be licensed acupuncturists appointed from a list submitted as provided in subsection (c) of this section; and
Two shall be consumer members.
Each acupuncturist member shall:
Be a resident of the State; and
For at least 5 years immediately before appointment have been engaged in the practice of acupuncture in the State.
For each vacancy of an acupuncture member, the Board shall compile a list of names to be submitted to the Governor in the following manner:
The Board shall notify all licensed acupuncturists in the State of the vacancy to solicit nominations to fill the vacancy;
Each professional association of acupuncturists in the State shall nominate at least one person for every two vacancies that exist; and
Each educational institution that provides acupuncture training in the State shall nominate at least one person for every two vacancies that exist.
The consumer members:
Shall be members of the general public;
May not be or ever have been an acupuncturist or in training to become an acupuncturist;
May not have a household member who is an acupuncturist or in training to become an acupuncturist;
May not participate or ever have participated in a commercial or professional field related to acupuncture;
May not have a household member who participates in a commercial or professional field related to acupuncture; 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, the 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, 1994.
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 two consecutive full terms.
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.
The Governor may remove a member for incompetence or misconduct.
From among its members, the Board shall elect officers in a manner and for terms that the Board determines.
A majority of the full authorized membership of the Board is a quorum.
The Board shall meet at least once every 3 months, at the times and places that it determines.
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 State budget.
In addition to the powers set forth elsewhere in this title, the Board may adopt:
Regulations to carry out the provisions of this title; and
A code of ethics for licensees.
In addition to the duties set forth elsewhere in this title, the Board shall keep:
Records and minutes necessary for the orderly conduct of business; and
A list of each currently licensed acupuncturist.
In addition to the duties set forth elsewhere in this title, the Board shall investigate any alleged violation of this title.
There is an Acupuncture Board Fund.
The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
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 fees collected under the provisions of this title to the Comptroller of the State.
The Comptroller shall distribute the fees to the Acupuncture Board 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 the provisions of this title.
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.
The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
A designee of the Board shall administer the Fund.
Moneys in the Fund may be expended only for a lawful purpose authorized under this article.
A person shall have immunity from the liability described under § 5–724 of the Courts Article for giving information to the Board or otherwise participating in its activities.