ROBERT L. EHRLICH, JR., Governor                             Ch. 252

geographic area of the State that has been designated by the Secretary of Health and
Mental Hygiene as being medically underserved; and

(ii) 2. The balance of the fees to the Board of [Physician Quality
Assurance] PHYSICIANS Fund.

(II) IF THE GOVERNOR INCLUDES IN THE STATE BUDGET AT LEAST
$750,000 FOR THE OPERATION OF THE HEALTH MANPOWER SHORTAGE INCENTIVE
PROGRAM UNDER § 18-803 OF THE EDUCATION ARTICLE AND THE LOAN ASSISTANCE
REPAYMENT PROGRAM FOR PRIMARY CARE SERVICES UNDER § 18-1502(C) OF THE
EDUCATION ARTICLE, AS ADMINISTERED BY THE MARYLAND HIGHER EDUCATION
COMMISSION, THE COMPTROLLER SHALL DISTRIBUTE THE FEES TO THE BOARD OF
PHYSICIANS FUND.

(d)     (1) The Fund shall be used exclusively to cover the actual documented
direct and indirect costs of fulfilling the statutory and regulatory duties of the Board
as provided by the provisions of this title.

(2)     (i) The Fund is a continuing, nonlapsing fund, not subject to §
7-302 of the State Finance and Procurement Article.

(ii) Any unspent portions of the Fund may not be transferred or
revert to the General Fund of the State, but shall remain in the Fund to be used for
the purposes specified in this title.

(3)     INTEREST OR OTHER INCOME EARNED ON THE INVESTMENT OF
MONEYS IN THE FUND SHALL BE PAID INTO THE FUND.

(4)      No other State money may be used to support the Fund.

(e)     (1) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (D) OF THIS
SECTION, THE BOARD SHALL FUND THE BUDGET OF THE PHYSICIAN
REHABILITATION COMMITTEE WITH FEES SET, COLLECTED, AND DISTRIBUTED TO
THE FUND UNDER THIS TITLE.

(2) AFTER REVIEW AND APPROVAL BY THE BOARD OF A BUDGET
SUBMITTED BY THE PHYSICIAN REHABILITATION COMMITTEE, THE BOARD MAY
ALLOCATE MONEYS FROM THE FUND TO THE PHYSICIAN REHABILITATION
COMMITTEE.

(F) (1) The chairman of the Board or the designee of the chairman shall
administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose
authorized by the provisions of this title.

[(f)] (G) The Legislative Auditor shall audit the accounts and transactions of
the Fund as provided in § 2-1220 of the State Government Article.

14-321.

(e) (1) Subject to the requirements of the Administrative Procedure Act, the
Board on the affirmative vote of its full authorized membership A MAJORITY OF ITS

- 2115 -