Section 2.1. State Board of Osteopathic Medicine.
(a) The State Board of Osteopathic Medicine shall consist of the Commissioner of Professional and Occupational Affairs or a designee; the Secretary of Health or a designee; two members appointed by the Governor who shall be persons representing the public at large; one member appointed by the Governor who is a physician assistant; one member appointed by the Governor who shall be a respiratory therapist, a perfusionist or a licensed athletic trainer; and seven members appointed by the Governor who shall be graduates of a legally incorporated and reputable college of osteopathic medicine and shall have been licensed to practice osteopathic medicine under the laws of this Commonwealth and shall have been engaged in the practice of osteopathy in this Commonwealth for a period of at least five years. All professional and public members of the board shall be appointed by the Governor with the advice and consent of a majority of the members elected to the Senate. The Governor shall assure that respiratory therapists, perfusionists and certified athletic trainers are appointed to four-year terms on a rotating basis. ((a) amended Oct. 7, 2021, P.L.412, No.78)
(b) The terms of each professional and public member of the board shall be four years or until his or her successor has been appointed and qualified but not longer than six months beyond the four-year period. In the event that any of said members shall die or resign or otherwise become disqualified during his or her term, a successor shall be appointed in the same way and with the same qualifications and shall hold office for the unexpired term. No member shall be eligible for appointment to serve more than two consecutive terms.
(c) A majority of the members of the board serving in accordance with law shall constitute a quorum for purposes of conducting the business of the board. Except for temporary and automatic suspensions under section 14 of this act, a member may not be counted as part of a quorum or vote on any issue unless he or she is physically in attendance at the meeting.
(d) The board shall select annually a chairman from among its members and shall elect a secretary who, with the approval of the Commissioner of Professional and Occupational Affairs, need not be a member of the board.
(e) Each member of the board, except the Commissioner of Professional and Occupational Affairs and the Secretary of Health, shall receive $60 per diem when actually attending to the work of the board. Members shall also receive the amount of reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with Commonwealth regulations.
(f) The board is subject to evaluation, review and termination within the time and in the manner provided in the act of December 22, 1981 (P.L.508, No.142), known as the "Sunset Act."
(g) A member of the board who fails to attend three consecutive meetings shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the member, finds that the member should be excused from a meeting because of illness or the death of a family member.
(h) A public member who fails to attend two consecutive statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," shall forfeit his or her seat unless the Commissioner of Professional and Occupational Affairs, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member.
(2.1 added Dec. 20, 1985, P.L.398, No.108)
Compiler's Note: Section 4 of Act 78 of 2021 provided that the State Board of Osteopathic Medicine shall promulgate final rules and regulations necessary to carry out Act 78 within 180 days of the effective date of section 4.
Section 5 of Act 78 of 2021 provided that any and all regulations at 49 Pa. Code §§ 25.142, 25.162, 25.178 and 25.181 are abrogated to the extent of any inconsistency with Act 78.
Compiler's Note: Section 8(a) of Act 46 of 2008, which amended section 2.1(a), provided that the State Board of Osteopathic Medicine and the State Board of Medicine shall jointly promulgate regulations to implement the amendment of sections 2, 2.1(a), 10.1, 10.2 and 15(b) within 18 months of the effective date of section 8.
Compiler's Note: Section 3 of Act 87 of 1996 provided that section 2.1 is repealed insofar as it is inconsistent with Act 87.