There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists in the Department.

The Board consists of 15 members. Of the 15 Board members: 3 shall be licensed audiologists who have at least 5 years’ paid work experience in audiology and are currently practicing audiology in the State; 3 shall be licensed speech–language pathologists who have at least 5 years’ paid work experience in speech–language pathology and are currently practicing speech–language pathology in the State; 2 shall be physicians who shall be voting members of the Board, except on proposals that expand or restrict the practice of audiology as defined in § 2–101(q) of this title or that expand or restrict the practice of speech–language pathology as defined in § 2–101(r) of this title, and who: Are licensed to practice medicine in the State; Hold a certificate of qualification from the American Board of Otolaryngology; and Are currently practicing in the State; 2 shall be consumer members, 1 of whom shall be a consumer of services provided by an individual licensed by the Board; 3 shall be licensed hearing aid dispensers who have at least 5 years’ paid work experience in dispensing hearing aids and are currently practicing hearing aid dispensing in the State; and 2 shall be licensed music therapists who have at least 5 years’ paid work experience in music therapy and are currently practicing music therapy in the State. The Governor shall appoint the physician members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Society of Otolaryngology. There shall be at least 3 names on the list. The Governor shall appoint the speech–language pathologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board. The number of names on the list shall be at least 3 times the number of vacancies. For each licensed speech–language pathologist vacancy, the Board shall notify all licensed speech–language pathologists in the State of the vacancy to solicit nominations to fill the vacancy. Subject to subparagraph (iii) of this paragraph, the Governor shall appoint the audiologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Academy of Audiology. The number of names on the list shall be at least 3 times the number of vacancies. For each audiologist vacancy, the Board shall notify all licensed audiologists in the State of the vacancy to solicit nominations to fill the vacancy. The Governor shall appoint the hearing aid dispenser members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board. The number of names on the list shall be at least 3 times the number of vacancies. For each hearing aid dispenser vacancy, the Board shall notify all licensed hearing aid dispensers in the State of the vacancy to solicit nominations to fill the vacancy. The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate. The Board and the Secretary may solicit applications for consumer member vacancies from the general public. The Governor shall appoint the consumer member who is a consumer of services provided by an individual licensed by the Board from a list submitted by the Secretary. An organization representing patients or family members of patients served by individuals licensed by the Board may submit recommendations for the consumer Board member appointed under this subparagraph to the Secretary. The Board and the Secretary may notify organizations representing patients or family members of patients served by individuals licensed by the Board of a vacancy for the consumer member appointed under this subparagraph. The Governor shall appoint the music therapist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Association for Music Therapy. The number of names on the list shall be at least 3 times the number of vacancies. On or before December 31, 2021, the music therapist members shall be board certified music therapists, as defined in § 2–4A–01 of this title. On or after January 1, 2022, the music therapist members shall be licensed professional music therapists, as defined in § 2–4A–01 of this title. Each member of the Board: Shall be a resident of this State; but May not be an employee of the Department. A consumer member of the Board: Shall be a member of the general public; May not be or ever have been an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, or in training to become an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant; May not have a household member who is an audiologist, hearing aid dispenser, or speech–language pathologist or in training to become an audiologist, hearing aid dispenser, or speech–language pathologist; May not participate or ever have participated in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology; May not have a household member who participates in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology; 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 members are staggered as required by the terms provided for members of the Board on October 1, 1992. 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 after the date of the vacancy. The Governor may remove a member for incompetence or misconduct. 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. A member of the Board may not serve as an employee, an elected officer, or a director of a professional or trade association that has members who are under the authority of the Board.

From among its members, the Board annually shall elect a chairman. The Board shall determine: The manner of election of officers; and The duties of each officer.

A majority of the members currently serving on the Board, with at least 1 audiologist, hearing aid dispenser, speech–language pathologist, and music therapist regulated under the provisions of this title being present, is a quorum to do business. The Board shall meet at least once a year, at the times and places that it determines. In accordance with the budget of the Board, each member of the Board is entitled to: Compensation, at a rate determined by the Board, for each day on which the member is engaged in the duties of the member’s office; 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. The Board shall appoint an executive director who: Shall serve at the pleasure of the Board; Is the executive officer of the Board; and Has the powers and duties assigned by the Board.

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties: To adopt rules and regulations to carry out the provisions of this title; To adopt and publish codes of ethics for the practices of audiology, hearing aid dispensing, and speech–language pathology, and the assistance in the practice of speech–language pathology and audiology; To adopt an official seal; To hold hearings and keep records and minutes necessary for the orderly conduct of business; To issue a list annually of the names of all individuals licensed by the Board; To send any notice that the Board is required to give to a licensee under this title to the last known address given to the Board by the licensee; To adopt regulations governing the use of telehealth communications by audiologists, hearing aid dispensers, and speech–language pathologists; and To adopt regulations governing the licensing of audiology assistants and assistance in the practice of audiology.

While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assistance in the practice of speech–language pathology or audiology. In return for the privilege given to a licensee to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology in the State, the licensee is deemed to have: Consented to submit to an examination under this section, if requested by the Board in writing; and Waived any claim of privilege as to the testimony or reports of a health care provider who examines the licensee. The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee’s inability to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology competently, unless the Board finds that the failure or refusal was beyond the control of the licensee. The Board shall pay the cost of any examination made under this section.

There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists Fund. The Board may 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. In accordance with the budget of the Board, the Board may pay expenses incurred in carrying out the provisions of this title. 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 Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists 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 immunity from the liability described under § 5–703 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.