§ 2-202. Membership

   (a) Composition; appointment of members. --

   (1) The Board consists of 13 members.

   (2) Of the 13 Board members:

      (i) 3 shall be licensed audiologists who have at least 5 years' paid work experience in audiology and are currently practicing audiology in the State;

      (ii) 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;

      (iii) 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:

         1. Are licensed to practice medicine in the State;

         2. Hold a certificate of qualification from the American Board of Otolaryngology; and

         3. Are currently practicing in the State;

      (iv) 2 shall be consumer members, 1 of whom shall be a consumer of services provided by an individual licensed by the Board; and

      (v) 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.

   (3) 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 with the approval of the Medical and Chirurgical Faculty of the State of Maryland. There shall be at least 3 names on the list.

   (4) 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 Maryland Speech-Language and Hearing Association. The number of names on the list shall be at least 3 times the number of vacancies.

   (5) (i) Subject to subparagraph (ii) 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, jointly by the Maryland Academy of Audiology and the Maryland Speech-Language and Hearing Association. The number of names on the list shall be at least 3 times the number of vacancies.

      (ii) For each audiologist vacancy, the Maryland Academy of Audiology and the Maryland Speech-Language and Hearing Association shall:

         1. Notify all licensed audiologists in the State of the vacancy to solicit nominations to fill the vacancy; and

         2. Conduct a balloting process by which every licensed audiologist in the State is eligible to vote on the names of the licensed audiologists to be submitted to the Secretary and the Governor.

   (6) (i) 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 Maryland members of the Hearing Society of Maryland, Washington, D.C., and Delaware.

      (ii) The number of names on the list shall be at least 3 times the number of vacancies.

   (7) (i) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

      (ii) 1. 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 to the Secretary and the Governor by the Department of Disabilities.

         2. The Department of Disabilities shall solicit nominees from associations representing hearing or communication impaired individuals in the State.

(b) Qualifications of all members. -- Each member of the Board:

   (1) Shall be a resident of this State; but

   (2) May not be an employee of the Department.

(c) Qualifications of consumer members -- In general. -- The consumer members of the Board:

   (1) Shall be a member of the general public;

   (2) 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;

   (3) 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;

   (4) May not participate or ever have participated in a commercial or professional field related to audiology, hearing aid dispensing, or speech-language pathology;

   (5) 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

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

(d) Qualifications of consumer members -- Restriction. -- While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

(e) Oath. -- Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) Tenure; vacancies. --

   (1) The term of a member is 4 years.

   (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1992.

   (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

   (4) 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.

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

   (6) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days after the date of the vacancy.

(g) Removal. --

   (1) The Governor may remove a member for incompetence or misconduct.

   (2) 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.

(h) Service as officer or director of professional or trade organizations. -- 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.

HISTORY: An. Code 1957, art. 43, § 801, 802; 1981, ch. 8, § 2; 1987, ch. 477; 1990, ch. 6, § 11; 1992, ch. 326, § 3; chs. 433, 434; 1993, ch. 448; 1997, ch. 380; 2004, ch. 344; ch. 425, § 8; 2005, ch. 25, § 1; 2007, ch. 391; 2009, ch. 60, § 5.