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Terms Used In Maryland Code, HEALTH OCCUPATIONS 2-202

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Oath: A promise to tell the truth.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) (1) The Board consists of 15 members.

(2) Of the 15 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;

(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; and

(vi) 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.

(3) (i) 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.

(ii) There shall be at least 3 names on the list.

(4) (i) 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.

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

(iii) 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.

(5) (i) 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 Board.

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

(iii) For each audiologist vacancy, the Board shall notify all licensed audiologists in the State of the vacancy to solicit nominations to fill the vacancy.

(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) The Board and the Secretary may solicit applications for consumer member vacancies from the general public.

(iii) 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 by the Secretary.

2. 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.

3. 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.

(8) (i) 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.

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

(iii) 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.

(iv) 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.

(b) Each member of the Board:

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

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

(c) A consumer member 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) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

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

(f) (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) (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) 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.