1. (a)

   1. (1) The Board consists of 7 members.

   2. (2) Of the 7 members:

      1. (i) Five shall be licensed optometrists; and
      2. (ii) Two shall be consumer members.
   3. (3) The Governor shall appoint the optometrist members, with the advice of the Secretary, from a list submitted to the Secretary by the Maryland Optometric Association.
   4. (4) The number of names on the list shall be three times the number of vacancies.

   5. (5) For each optometrist vacancy, the Maryland Optometric Association shall:

      1. (i) Notify all licensed optometrists in the State of the vacancy to solicit nominations to fill the vacancy; and
      2. (ii) Conduct a balloting process where every licensed optometrist is eligible to vote to select the names of the licensed optometrists that will be submitted to the Governor.
   6. (6) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.

2. (b) For at least 5 years before appointment, each optometrist member of the Board shall have:

   1. (1) Resided in this State; and
   2. (2) Practiced optometry actively and continuously in this State.

3. (c) The consumer members of the Board:

   1. (1) Shall be a member of the general public;
   2. (2) May not be or ever have been an optometrist or in training to become an optometrist;
   3. (3) May not have a household member who is an optometrist or in training to become an optometrist;
   4. (4) May not participate or ever have participated in a commercial or professional field related to optometry;
   5. (5) May not have a household member who participates in a commercial or professional field related to optometry; and
   6. (6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
4. (d) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
5. (e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

6. (f)

   1. (1) The term of a member is 4 years.
   2. (2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1982.
   3. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
   4. (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. (5) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
   6. (6) A member may not serve more than 2 consecutive full terms.

7. (g)

   1. (1) The Governor may remove a member for incompetence or misconduct.
   2. (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.

Added as Health Occupations § 10-202 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1982, c. 614, § 1, eff. June 1, 1982. Renumbered as Health Occupations § 11-202 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 343, § 1, eff. Oct. 1, 1992; Acts 1992, c. 433, § 1, eff. Oct. 1, 1992; Acts 1992, c. 434, § 1, eff. Oct. 1, 1992; Acts 2009, c. 60, § 5, eff. April 14, 2009.

Formerly Art. 43, § 369.