Maryland 2022 Regular Session

Maryland House Bill HB1347 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1347
6	6
7	7	HOUSE BILL 1347
8	8	J1 2lr2538
9	9	HB 1150/21 – HGO
10	10	By: Delegates Cox, Boteler, McComas, and Rose
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Authority of the Secretary of Health and Medical Information 2
19	19
20	20	FOR the purpose of altering a provision of law that prohibits a parent or guardian from 3
21	21	being required to present a certain certificate of immunization under certain 4
22	22	circumstances to be admitted to school to apply only to public schools; requiring the 5
23	23	Secretary of Health to include an exclusion for certain individuals when exercising 6
24	24	certain authority; prohibiting an individual from being required to provide certain 7
25	25	proof to obtain employment, to travel, or to access any public facility; and generally 8
26	26	relating to the authority of the Secretary of Health and medical information. 9
27	27
28	28	BY repealing and reenacting, with amendments, 10
29	29	Article – Education 11
30	30	Section 7–403 12
31	31	Annotated Code of Maryland 13
32	32	(2018 Replacement Volume and 2021 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Health – General 16
36	36	Section 18–901.1; and 20–2201 to be under the new subtitle “Subtitle 22. Medical 17
37	37	Information for Employment, Travel, or Public Facility Access” 18
38	38	Annotated Code of Maryland 19
39	39	(2019 Replacement Volume and 2021 Supplement) 20
40	40
41	41	BY repealing and reenacting, without amendments, 21
42	42	Article – Health – General 22
43	43	Section 18–902 through 18–905 and 18–906(a) 23
44	44	Annotated Code of Maryland 24
45	45	(2019 Replacement Volume and 2021 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 1347
49	49
50	50
51	51
52	52	Article – Education 1
53	53
54	54	7–403. 2
55	55
56	56	(a) (1) In cooperation with the State Board and the Maryland State Medical 3
57	57	Society, the Maryland Department of Health shall adopt rules and regulations regarding 4
58	58	blood tests for lead poisoning required of children entering schools. 5
59	59
60	60	(2) In cooperation with the State Board and the Statewide Advisory 6
61	61	Commission on Immunizations, the Maryland Department of Health shall adopt rules and 7
62	62	regulations regarding immunizations required of children entering schools. 8
63	63
64	64	(3) These rules and regulations shall: 9
65	65
66	66	(i) Be adopted in compliance with the Administrative Procedure 10
67	67	Act; 11
68	68
69	69	(ii) Provide that any child may have the immunization administered 12
70	70	by his personal physician; and 13
71	71
72	72	(iii) 1. By September 2003, in areas designated as at risk for lead 14
73	73	poisoning, as determined under § 18–106 of the Health – General Article, when a child 15
74	74	enters a public prekindergarten program, kindergarten program, or first grade, require the 16
75	75	parent or legal guardian of the child to provide documentation from a health care provider, 17
76	76	on a form developed by the Maryland Department of Health, certifying that the child has 18
77	77	undergone blood testing for lead poisoning administered in accordance with the guidelines 19
78	78	of the Centers for Disease Control and Prevention in the screening of young children for 20
79	79	lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and 21
80	80	any subsequent guidelines; and 22
81	81
82	82	2. By September 2003, require a program or school to report 23
83	83	the name, last known address, and telephone number of each child for whom certified 24
84	84	documentation of a lead test is not provided under item 1 of this item, as determined by 25
85	85	regulation, to the local health department in the jurisdiction where the child resides. 26
86	86
87	87	(4) Any requirement for the administration of pertussis vaccine shall be 27
88	88	consistent with § 18–332(b) of the Health – General Article. 28
89	89
90	90	(b) (1) Unless the Secretary of Health declares an emergency or an epidemic 29
91	91	of disease, a child whose parent or guardian objects to immunization on the ground that it 30
92	92	conflicts with the parent’s or guardian’s bona fide religious beliefs and practices may not 31
93	93	be required to present a physician’s certification of immunization in order to be admitted 32
94	94	to A PUBLIC school. 33
95	95
96	96	(2) The Secretary of Health shall adopt rules and regulations for religious 34
97	97	exemptions under this subsection. 35 HOUSE BILL 1347 3
98	98
99	99
100	100
101	101	Article – Health – General 1
102	102
103	103	18–901.1. 2
104	104
105	105	IN EXERCISING THE AUT HORITY GRANTED IN TH IS SUBTITLE, THE 3
106	106	SECRETARY SHALL INCLU DE AN EXCLUSION FOR : 4
107	107
108	108	(1) VULNERABLE INDIVIDUAL S; AND 5
109	109
110	110	(2) INDIVIDUALS WHO OBJEC T TO THE SECRETARY’S AUTHORITY. 6
111	111
112	112	18–902. 7
113	113
114	114	Notwithstanding any other provision of law, the Secretary may exercise the 8
115	115	authority granted in this subtitle to: 9
116	116
117	117	(1) Continuously evaluate and modify existing disease surveillance 10
118	118	procedures in order to detect a catastrophic health emergency; 11
119	119
120	120	(2) Investigate actual or potential exposures to a deadly agent; and 12
121	121
122	122	(3) Treat, prevent, or reduce the spread of the disease or outbreak believed 13
123	123	to have been caused by the exposure to a deadly agent. 14
124	124
125	125	18–903. 15
126	126
127	127	(a) (1) In accordance with procedures to be adopted by the Department, the 16
128	128	Secretary, in consultation with health care facilities, may require health care facilities to 17
129	129	develop and implement contingency plans addressing: 18
130	130
131	131	(i) Staff training needs; 19
132	132
133	133	(ii) Stockpiling of equipment, medication, and supplies necessary to 20
134	134	address a catastrophic health emergency; 21
135	135
136	136	(iii) Treatment and decontamination protocols; 22
137	137
138	138	(iv) The coordination of services with other public and private 23
139	139	entities; and 24
140	140
141	141	(v) Any other area that the Secretary determines is necessary to 25
142	142	assist in the early detection and treatment of an individual exposed to a deadly agent. 26
143	143
144	144	(2) To the extent feasible, the procedures to be adopted by the Department 27
145	145	under paragraph (1) of this subsection shall be consistent with accreditation requirements 28 4 HOUSE BILL 1347
146	146
147	147
148	148	of the Joint Commission on Accreditation of Healthcare Organizations. 1
149	149
150	150	(b) After consulting with the appropriate licensing board, the Secretary: 2
151	151
152	152	(1) Shall publish protocols to assist health care practitioners in developing 3
153	153	plans to respond to a catastrophic health emergency; and 4
154	154
155	155	(2) May, if necessary, require health care practitioners to implement the 5
156	156	plans developed under item (1) of this subsection. 6
157	157
158	158	(c) The Secretary shall coordinate with the health occupations boards to develop 7
159	159	a process to license, certify, or credential both licensed health care practitioners and 8
160	160	out–of–state health care practitioners who may be needed to respond to a catastrophic 9
161	161	health emergency. 10
162	162
163	163	18–904. 11
164	164
165	165	(a) In this section, “information” means medical, epidemiological, or other data 12
166	166	concerning a specific individual or a group of individuals, regardless of whether the 13
167	167	information is otherwise deemed confidential under Title 4 of this article or as otherwise 14
168	168	provided under law. 15
169	169
170	170	(b) In order to maintain an effective disease surveillance system for detecting 16
171	171	whether individuals have been exposed to a deadly agent, the Secretary may by order, 17
172	172	directive, or regulation: 18
173	173
174	174	(1) Require a health care provider or other person to report information to 19
175	175	the Secretary or other public official on the following: 20
176	176
177	177	(i) The presence of an individual or group of individuals with 21
178	178	specified illnesses or symptoms; 22
179	179
180	180	(ii) Diagnostic and laboratory findings relating to diseases caused by 23
181	181	deadly agents; 24
182	182
183	183	(iii) Statistical or utilization trends relating to potential disease 25
184	184	outbreaks; 26
185	185
186	186	(iv) Information needed to conduct contact tracing for exposed 27
187	187	individuals; and 28
188	188
189	189	(v) Other data deemed by the Secretary to have epidemiological 29
190	190	significance in detecting possible catastrophic health emergencies; 30
191	191
192	192	(2) Obtain access to information in the possession of a health care provider; 31
193	193
194	194	(3) Require or authorize a health care provider to disclose information to 32 HOUSE BILL 1347 5
195	195
196	196
197	197	an agency of the federal, State, or local government or another health care provider; 1
198	198
199	199	(4) Require a health care provider or other person to submit reports to the 2
200	200	Department containing information detailing the presence and use of deadly agents; 3
201	201
202	202	(5) Obtain access to premises in order to secure environmental samples 4
203	203	and otherwise investigate actual or potential exposures to deadly agents; and 5
204	204
205	205	(6) Require a veterinarian or other person to report data relating to 6
206	206	specified illnesses or symptoms in animal populations. 7
207	207
208	208	(c) The Secretary, in acquiring information under subsection (b) of this section, 8
209	209	shall: 9
210	210
211	211	(1) Request and use nonidentifying information whenever possible; and 10
212	212
213	213	(2) Limit the use of confidential information to the extent necessary to 11
214	214	detect and investigate actual or potential exposures to a deadly agent. 12
215	215
216	216	(d) (1) Any information that the Secretary receives under subsection (b) of this 13
217	217	section is confidential and may be used or disclosed only in accordance with this section. 14
218	218
219	219	(2) If the information requested in subsection (b) of this section is otherwise 15
220	220	confidential under Title 4 of this article or as otherwise provided under law, the Secretary 16
221	221	or person that receives the information may not redisclose the information except as 17
222	222	provided in paragraph (3) of this subsection. 18
223	223
224	224	(3) A person may redisclose the information to another health care provider 19
225	225	or public official provided that: 20
226	226
227	227	(i) The health care provider or public agency to whom the 21
228	228	information is disclosed will maintain the confidentiality of the disclosure; and 22
229	229
230	230	(ii) The Secretary determines the disclosure is necessary to treat, 23
231	231	prevent, or reduce the spread of the disease or outbreak believed to have been caused by 24
232	232	the exposure to a deadly agent. 25
233	233
234	234	18–905. 26
235	235
236	236	(a) In investigating actual or potential exposures to a deadly agent, the Secretary: 27
237	237
238	238	(1) (i) May issue an order requiring individuals whom the Secretary 28
239	239	has reason to believe have been exposed to a deadly agent to seek appropriate and necessary 29
240	240	evaluation and treatment; 30
241	241
242	242	(ii) When the Secretary determines that it is medically necessary 31
243	243	and reasonable to prevent or reduce the spread of the disease or outbreak believed to have 32 6 HOUSE BILL 1347
244	244
245	245
246	246	been caused by the exposure to a deadly agent, may order an individual or group of 1
247	247	individuals to go to and remain in places of isolation or quarantine until the Secretary 2
248	248	determines that the individual no longer poses a substantial risk of transmitting the 3
249	249	disease or condition to the public; and 4
250	250
251	251	(iii) If a competent individual over the age of 18 refuses vaccination, 5
252	252	medical examination, treatment, or testing under this paragraph, may require the 6
253	253	individual to go to and remain in places of isolation or quarantine until the Secretary 7
254	254	determines that the individual no longer poses a substantial risk of transmitting the 8
255	255	disease or condition to the public; 9
256	256
257	257	(2) May coordinate and direct the efforts of any health officer or health 10
258	258	commissioner of any subdivision in seeking to detect or respond to threats posed by a deadly 11
259	259	agent; and 12
260	260
261	261	(3) May order any sheriff, deputy sheriff, or other law enforcement officer 13
262	262	of the State or any subdivision to assist in the execution or enforcement of any order issued 14
263	263	under this subtitle. 15
264	264
265	265	(b) The Secretary may issue an order under subsection (a) of this section: 16
266	266
267	267	(1) If, prior to the issuance of a proclamation under § 14–3A–02 of the 17
268	268	Public Safety Article, the Secretary determines that the disease or outbreak can be 18
269	269	medically contained by the Department and appropriate health care providers; and 19
270	270
271	271	(2) As necessary to implement an order issued by the Governor under § 20
272	272	14–3A–02 of the Public Safety Article. 21
273	273
274	274	18–906. 22
275	275
276	276	(a) (1) If the Secretary requires an individual or a group of individuals to go to 23
277	277	and remain in places of isolation or quarantine under § 18–905 of this subtitle, the 24
278	278	Secretary shall issue a directive to the individual or group of individuals. 25
279	279
280	280	(2) The directive shall specify: 26
281	281
282	282	(i) The identity of the individual or group of individuals subject to 27
283	283	isolation or quarantine; 28
284	284
285	285	(ii) The premises subject to isolation or quarantine; 29
286	286
287	287	(iii) The date and time at which isolation or quarantine commences; 30
288	288
289	289	(iv) The suspected deadly agent causing the outbreak or disease, if 31
290	290	known; 32
291	291
292	292	(v) The basis upon which isolation or quarantine is justified; and 33 HOUSE BILL 1347 7
293	293
294	294
295	295
296	296	(vi) The availability of a hearing to contest the directive. 1
297	297
298	298	(3) (i) Except as provided in subparagraph (ii) of this paragraph, the 2
299	299	directive shall be in writing and given to the individual or group of individuals prior to the 3
300	300	individual or group of individuals being required to go to and remain in places of isolation 4
301	301	and quarantine. 5
302	302
303	303	(ii) 1. If the Secretary determines that the notice required under 6
304	304	subparagraph (i) of this paragraph is impractical because of the number of individuals or 7
305	305	geographical areas affected, the Secretary shall ensure that the affected individuals are 8
306	306	fully informed of the directive using the best possible means available. 9
307	307
308	308	2. If the directive applies to a group of individuals and it is 10
309	309	impractical to provide written individual copies under subparagraph (i) of this paragraph, 11
310	310	the written directive may be posted in a conspicuous place in the isolation or quarantine 12
311	311	premises. 13
312	312
313	313	SUBTITLE 22. MEDICAL INFORMATION FOR EMPLOYMENT , TRAVEL, OR PUBLIC 14
314	314	FACILITY ACCESS. 15
315	315
316	316	20–2201. 16
317	317
318	318	AN INDIVIDUAL MAY NOT BE REQUIRED TO PROVI DE PROOF OF A MEDICA L 17
319	319	EXAMINATION, A VACCINATION , A MEDICAL TEST , OR ANY OTHER MEDICAL 18
320	320	INFORMATION TO OBTAI N EMPLOYMENT , TO TRAVEL BY AIR OR OTHERWISE, OR TO 19
321	321	ACCESS ANY PUBLIC FA CILITY. 20
322	322
323	323	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
324	324	October 1, 2022. 22
325	325