Title 3. Chiropractors — Subtitle 2. State Board of Chiropractic Examiners

The Board consists of 7 members.

Of the 7 members:

The Governor shall appoint the consumer members with the advice of the Secretary, and with the advice and consent of the Senate.

A resident of this State;

A licensed chiropractor of integrity and ability who is in active practice; and

An individual who has practiced chiropractic in this State for at least 5 consecutive years.

Shall be a member of the general public;

May not be or ever have been a chiropractor or in training to become a chiropractor;

May not have a household member who is a chiropractor or in training to become a chiropractor;

May not participate or ever have participated in a commercial or professional field related to chiropractic;

May not have a household member who participates in a commercial or professional field related to chiropractic; and

May not have had, within 2 years before appointment, a substantial financial interest in a person regulated by the Board.

In addition to the requirements of subsection (b) of this section, each chiropractic member of the Board shall be a licensed chiropractor whose license is in good standing with the Board.

For purposes of this subsection, “good standing” means that the Board has not reprimanded the licensee, suspended or revoked the license of the chiropractor, or placed the licensee on probation within 5 years prior to or after confirmation to the Board.

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, 2016.

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.

The Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.

A member may not serve more than 2 consecutive full terms.

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.

The manner of election of officers; and

The duties of each officer.

Compensation 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 and the State Board of Massage Therapy Examiners may employ a staff in accordance with the budgets of the boards.

The Board and the State Board of Massage Therapy Examiners jointly shall appoint a staff member as the executive director, who serves at the pleasure of both boards.

The executive director:

Adopt rules and regulations to carry out the provisions of this title;

Summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the duties of the Board;

In accordance with the State budget, authorize payment of fees and travel expenses of witnesses who testify in any proceeding before the Board; and

Except for an office of a chiropractor in a hospital, related institution, freestanding medical facility, or freestanding birthing center, conduct an unannounced inspection of the office of a chiropractor against whom a complaint has been filed with the Board regarding a violation of the Centers for Disease Control and Prevention’s guidelines on standard precautions and related guidelines in regulations adopted by the Board to determine compliance with the guidelines at that office.

Adopt an official seal;

File reports of its activities as required by the Secretary;

Assist in prosecutions under this title;

Investigate an alleged violation of this title; and

Adopt regulations governing preceptorships.

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.

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 Chiropractic 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.

Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.