HARRY HUGHES, Governor

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the membership and to reflect the current
practice of the Board. The terms of one fourth
of the physician members expire each year.

Subsection (e)(3) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article to provide for gaps in membership by
indicating that a member serves until a successor
takes office. This provision is supported by the
cases of Benson v. Mellor, 152 Md. 481 (1927) and
Grooms v. LaVale Zoning Board, 27 Md. App. 266
(1975).

For circumstances under which subsections (f) and
(g) of this section apply, see the General
Revisor's Notes to this article.

As to subsection (h)(1) of this section, the
attention of the General Assembly is called to
the fact that unlike the practitioners governed
by other titles of this article, the licensed
physician Board members are elected by a private
organization. Consequently, they are not
gubernatorial appointments and, therefore, are
not subject to removal by the Governor. Also the
present law is silent as to:

(1)  The effect on the Secretary of the
Board's recommendation for removal of a member;

(2)  The procedural due process rights of a
member whose removal is recommended; and

(3)  The person before whom a hearing would
be held before a licensed physician Board member
could be removed.

Subsection (h)(2) of this section is new language
derived without substantive change from Art. II,
§ 15 of the State Constitution. For other
provisions on removal, see: Art. XV, § 2 of the
State Constitution, on suspension and removal for
crimes; and Art. 41, § 4 of the Code, on removal
for failure to attend meetings.

14-203. OFFICERS.

(A)  IN GENERAL.

FROM AMONG ITS MEMBERS, THE BOARD SHALL ELECT A
SECRETARY-TREASURER AND ANY OTHER OFFICERS THAT IT CONSIDERS
NECESSARY.

(B)  ELECTIONS AND TERMS OF OFFICE.

THE MANNER OF ELECTION OF OFFICERS AND THEIR TERMS OF
OFFICE SHALL BE AS THE BOARD DETERMINES.