<?xml version='1.0' encoding='utf-8'?>
<chapter num="15" heading="Open Meetings — Attendance and Recording, Photographing, and Broadcasting of Sessions" title_num="10" subtitle_num="27">
  <regulation prefix="Regulation" num=".01" heading="Exclusion.">
    <text>The Board of Nursing is not subject to the provisions of COMAR 10.01.14, but shall be governed by this chapter.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Public Attendance.">
    <paragraph num="A.">
      <text>At any open session of the Board of Nursing, the general public may attend and observe.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Except in instances when the Board expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Disruptive Conduct.">
    <paragraph num="A.">
      <text>Prohibition. A person attending an open session of the Board may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Action to Restore Order.</text>
      <paragraph num="(1)">
        <text>The presiding officer may order a person who persists in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session and may request police assistance to restore order.</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The presiding officer may recess the session while order is restored.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Recording, Photographing, and Broadcasting of Open Sessions.">
    <paragraph num="A.">
      <text>A member of the public, including any representative of the news media, may record discussions of the Board at an open session by means of a tape recorder or any other recording device if the device does not create an excessive noise that disturbs members of the Board or other persons attending the session.</text>
    </paragraph>
    <paragraph num="B.">
      <text>A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the Board at an open session by means of any type of camera if the camera:</text>
      <paragraph num="(1)">
        <text>Is operated without excessively bright artificial light that disturbs members of the Board or other persons attending the session; and</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not create an excessive noise that disturbs members of the Board or other persons attending the session.</text>
      </paragraph>
    </paragraph>
    <paragraph num="C.">
      <text>A representative of the news media may broadcast or televise the proceedings of the Board at an open session if the equipment used:</text>
      <paragraph num="(1)">
        <text>Is operated without excessively bright artificial light that disturbs members of the Board or other persons attending the session;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Does not create an excessive noise that disturbs members of the Board or other persons attending the session;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Does not interfere with a person's observation of or participation in the session; and</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Is used openly so that it is obvious to those in attendance that the session is being recorded.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Recordings Not Part of Record.">
    <text>A recording of an open session made by a member of the public, or any transcript derived from such a recording, may not be considered a part of the record of any proceeding of the Board of Nursing.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">Health Occupations Article, §8-205; State Government Article, §§10-502h(2), 10-505, and 10-507; Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: September 13, 1993 (20:18 Md. R. 1431)</annotation>
  </annotations>
</chapter>