EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0609*
HOUSE BILL 609
J1 2lr2060
CF SB 548
By: Delegates Pena–Melnyk and Pendergrass
Introduced and read first time: January 31, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Local Health Officers – Removal – Grounds and Process 2
FOR the purpose of repealing a provision of law providing that a health officer serves at 3
the pleasure of the Secretary of Health and the governing body of the county; 4
establishing the reasons for which a health officer may be removed from office and 5
notice and hearing requirements related to a removal; and generally relating to the 6
removal of health officers. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 3–302 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Health – General 15
3–302. 16
(a) The health officer for a county shall be nominated by the county and appointed 17
by the Secretary. 18
(b) (1) The governing body of each county shall establish, by ordinance or 19
resolution, the process by which the county nominates an individual for health officer. 20
(2) If a vacancy occurs in the position of health officer for a county, the 21
governing body shall establish a process, in consultation with the Department, for making 22
a recommendation to the Secretary for the appointment of a health officer. 23
2 HOUSE BILL 609
(3) The process established under paragraph (2) of this subsection shall 1
include the requirements for recruiting, interviewing, and recommending applicants for the 2
position of health officer. 3
(c) (1) If the Secretary finds that a nominee meets the qualifications of this 4
section, the Secretary shall appoint the nominee as health officer. 5
(2) If the Secretary finds that the nominee does not meet the qualifications 6
of this section, the Secretary shall reject the nomination, and the county shall provide the 7
Secretary with another nomination. 8
(d) Each health officer: 9
(1) Shall have: 10
(i) A master’s degree in public health and at least 2 years’ work in 11
the field of public health; or 12
(ii) At least 5 years’ work in the field of public health; 13
(2) Shall have any other qualifications and training in the field of public 14
health that the Secretary requires by rule or regulation; and 15
(3) Need not be a physician, if the health officer has a deputy who: 16
(i) Is a physician; and 17
(ii) Meets the qualifications of this subsection. 18
(e) Before taking office, each appointee to the office of health officer shall take the 19
oath required by Article I, § 9 of the Maryland Constitution. 20
[(f) The health officer for a county serves at the pleasure of the governing body of 21
that county and the Secretary.] 22
[(g)] (F) (1) The health officer for a county may be removed from office with 23
the concurrence of the governing body of that county and the Secretary FOR THE 24
FOLLOWING REASONS : 25
(I) IMMORALITY; 26
(II) MISCONDUCT IN OFFICE ; 27
(III) INSUBORDINATION ; 28
(IV) INCOMPETENCY ; OR 29 HOUSE BILL 609 3
(V) WILLFUL NEGLECT OF DU TY. 1
(2) (i) Any information concerning the removal of a health officer from 2
office is confidential in accordance with Title 4 of the General Provisions Article. 3
(ii) Any meeting of the governing body of a county or any meeting 4
that includes the Secretary related to the removal of a health officer from office shall be 5
closed. 6
(3) (I) IF THE SECRETARY AND THE GOV ERNING BODY CONCUR ON 7
THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN 8
NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES: 9
1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE 10
REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 11
2. DOCUMENTA TION SUPPORTING THE REMOVAL; AND 12
3. NOTICE OF THE OPPORTU NITY TO REQUEST A 13
HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN 14
NOTIFICATION AND INF ORMATION ON HOW TO R EQUEST THE HEARING . 15
(II) IF THE HEALTH OFFICER REQUESTS A HEA RING WITH THE 16
SECRETARY: 17
1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 18
PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN 10 DAYS AFTER THE 19
SECRETARY SENDS THE H EALTH OFFICER A NOTI CE OF THE HEARING DA TE; AND 20
2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUNITY 21
TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 22
DEFENSE, WHETHER IN PERSON OR BY COUNSEL. 23
(4) A HEALTH OFFICER MAY A PPEAL THE DECISION O F THE 24
SECRETARY AT A HEARIN G REQUESTED UNDER PA RAGRAPH (3)(II) OF THIS 25
SUBSECTION TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28