There is a State Board of Dietetic Practice in the Department.

The Board consists of nine members. Of the nine Board members: Seven shall be dietitian-nutritionists licensed on or after July 1, 2004 to practice dietetics in Maryland, including: One member who is engaged primarily in clinical dietetic practice; One member who is engaged primarily in community or public health dietetic practice; One member who is engaged primarily in administrative dietetic practice; One member who is engaged primarily in consulting dietetic practice; One member who is a faculty member in the field of dietetics or nutritional science; and Two members who are certified nutrition specialists and who may not be registered dietitians; and Two shall be consumer members. The Governor shall appoint the licensed dietitian-nutritionist members with the advice of the Secretary and with the advice and consent of the Senate from a list submitted as provided in subsection (b) of this section. The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate. For each licensed dietitian–nutritionist vacancy, the Board shall compile a list of names to be submitted to the Secretary in accordance with this subsection, including at least three names for each of the vacancies. The Board shall notify all licensed dietitian–nutritionists in the State of the vacancy to solicit nominations to fill the vacancy. The Maryland Academy of Nutrition and Dietetics or the Maryland Nutritionists Association shall nominate qualified individuals to fill the vacancy within 30 days after the notice required in paragraph (2) of this subsection is given. The Maryland Academy of Nutrition and Dietetics may comment on an individual nominated by the Maryland Nutritionists Association under paragraph (3) of this subsection within 30 days after the nomination and before the list is submitted to the Secretary. The Maryland Nutritionists Association may comment on an individual nominated by the Maryland Academy of Nutrition and Dietetics under paragraph (3) of this subsection within 30 days after the nomination and before the list is submitted to the Secretary. Each licensed dietitian-nutritionist member of the Board shall: Be a citizen of the United States; Be a resident of the State; and Have practiced dietetics for at least 5 of the last 10 years. The consumer member of the Board: Shall be a citizen of the United States; Shall be a resident of this State; May not be a licensed dietitian-nutritionist or have a household member who is a licensed dietitian-nutritionist; May not have a financial interest in the provision of goods or services to licensed dietitian-nutritionists; and May not have a financial interest in the provision of dietary goods or services to consumers. 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, 1985. 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. To the extent practicable, the Governor shall fill any vacancy on the Board within 75 days of the date of the vacancy. A member may not serve more than 2 consecutive full terms. 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.

From among its members, the Board annually shall elect a chairman, a vice chairman, and a secretary. The Board shall determine: The manner of election of officers; 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. A member of the Board: Is entitled to compensation in accordance with the budget of the Board; and Is entitled to 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 subtitle, the Board may: Adopt regulations to carry out the provisions of this subtitle; Sue to enforce any provision of this subtitle by injunction; and Issue subpoenas, summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the jurisdiction of the Board. In addition to the duties set forth elsewhere in this subtitle, the Board shall: Keep a list of all dietitian–nutritionists who are currently licensed; Keep a record of its proceedings; Submit an annual report of its transactions for the previous fiscal year to the Governor by September 30 of each year; and Investigate an alleged violation of this title.

There is a State Board of Dietetic Practice Fund. The Board may set reasonable fees for the issuance and renewal of licenses. The fees charged shall be set so as to approximate the cost of maintaining the Board. Funds to cover the 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 funds to the State Board of Dietetic Practice 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. Except as otherwise provided by law, 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 § 5–719 of the Courts Article for giving information to the Board or otherwise participating in its activities.