754

LAWS OF MARYLAND

Ch.8

At various places throughout this article, the terms
"certificate" and "registered" also appear. "Certificate"
is used to signify a sheet of paper used for documentation
— e.g., one that documents the grant of a license or
certification. "Certificate" is not used as a substitute
for "license", "certification", or "permit". "Registered"
is used only as a descriptive adjective and does not denote
any sort of grant of authority by this State. Thus, e.g., a
qualified individual may be "licensed" as a "registered
nurse" or "certified" as a "registered sanitarian".

In describing the role of the Secretary of Health and
Mental Hygiene in the process of appointing members of the
health occupation boards governed by this article, the
present law uses inconsistent language. Some of the present
provisions refer to the appointments being made "with the
advice of the Secretary", while others use the language
"upon the recommendation of the Secretary". After thorough
consultation with the Governor's office, the Department of
Health and Mental Hygiene, and the Attorney General's
office, the Commission found that, in practice, the
Secretary's input is considered to be advisory in either
case. Since the word "advice" more clearly indicates the
advisory nature of this input, the Commission chose to use
the phrase "with the advice of the Secretary" uniformly
throughout this article. This approach also seems to
reflect the legislative intent behind the present
provisions. Cf. Ingard v. Barker, 27 Idaho 124, 147 P. 293
(1915) (statute requiring governor to consider
"recommendations" of a specified association in making
appointments to state board of horticultural inspectors held
not to bind governor to appoint a "recommended" individual).

In the "Membership" section of each title of this
article, except Title 1, there is a subsection captioned
"Tenure; vacancies". A standard paragraph included in each
of those subsections provides that 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".
That paragraph applies: (1) When a successor is appointed
to replace a member who has died, resigned, or failed for
any other reason to complete a term; (2) When a member is
appointed to succeed a member who has "held over" to part of
the next term, pending the delayed appointment and
qualification of the successor; or (3) When, in any other
situation, a member takes office after a term has begun,
e.g., when at the completion of a term there is a delay in
the appointment of a successor, but the member who served
the prior term does not "hold over".

In the "Examinations" section of each title of this
article, except Title 1, there is included a standard
subsection captioned "Right to examination". That
subsection is included to provide expressly that an
applicant who otherwise qualifies is entitled to an
opportunity to meet the final requirement for licensing —
i.e., the opportunity to take the required examination.