EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0609*
HOUSE BILL 609
J1 2lr2060
CF SB 548
By: Delegates Pena–Melnyk and Pendergrass, Pendergrass, Bhandari, Carr, Hill,
Kerr, Landis, and R. Lewis
Introduced and read first time: January 31, 2022
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2022
CHAPTER ______
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
BY repealing and reenacting, with amendments, 13
Article – State Personnel and Pensions 14
Section 11–305 15
Annotated Code of Maryland 16
(2015 Replacement Volume and 2021 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health – General 20 2 HOUSE BILL 609
3–302. 1
(a) The health officer for a county shall be nominated by the county and appointed 2
by the Secretary. 3
(b) (1) The governing body of each county shall establish, by ordinance or 4
resolution, the process by which the county nominates an individual for health officer. 5
(2) If a vacancy occurs in the position of health officer for a county, the 6
governing body shall establish a process, in consultation with the Department, for making 7
a recommendation to the Secretary for the appointment of a health officer. 8
(3) The process established under paragraph (2) of this subsection shall 9
include the requirements for recruiting, interviewing, and recommending applicants for the 10
position of health officer. 11
(c) (1) If the Secretary finds that a nominee meets the qualifications of this 12
section, the Secretary shall appoint the nominee as health officer. 13
(2) If the Secretary finds that the nominee does not meet the qualifications 14
of this section, the Secretary shall reject the nomination, and the county shall provide the 15
Secretary with another nomination. 16
(d) Each health officer: 17
(1) Shall have: 18
(i) A master’s degree in public health and at least 2 years’ work in 19
the field of public health; or 20
(ii) At least 5 years’ work in the field of public health; 21
(2) Shall have any other qualifications and training in the field of public 22
health that the Secretary requires by rule or regulation; and 23
(3) Need not be a physician, if the health officer has a deputy who: 24
(i) Is a physician; and 25
(ii) Meets the qualifications of this subsection. 26
(e) Before taking office, each appointee to the office of health officer shall take the 27
oath required by Article I, § 9 of the Maryland Constitution. 28
[(f) The health officer for a county serves at the pleasure of the governing body of 29
that county and the Secretary.] 30 HOUSE BILL 609 3
[(g)] (F) (1) The health officer for a county may be removed from office with 1
the concurrence of the governing body of that county and the Secretary FOR THE 2
FOLLOWING REASONS : 3
(I) IMMORALITY; 4
(II) MISCONDUCT IN OFFICE ; 5
(III) INSUBORDINATION ; 6
(IV) INCOMPETENCY INCOMPETENCE ; OR 7
(V) WILLFUL NEGLECT OF DU TY. 8
(2) (i) Any information concerning the removal of a health officer from 9
office is confidential in accordance with Title 4 of the General Provisions Article. 10
(ii) Any meeting of the governing body of a county or any meeting 11
that includes the Secretary related to the removal of a health officer from office shall be 12
closed. 13
(3) (I) IF THE SECRETARY AND THE GOV ERNING BODY CONCUR O N 14
THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN 15
NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES: 16
1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE 17
REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 18
2. DOCUMENTATION SUPPORT ING THE REMOVAL ; AND 19
3. NOTICE OF THE OPPORTU NITY TO REQUEST A 20
HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN 21
NOTIFICATION AND INF ORMATION ON HOW TO R EQUEST THE HEARING . 22
(II) IF THE HEALTH OFFICER REQUESTS A HEARING W ITH THE 23
SECRETARY: 24
1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 25
PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN 10 DAYS AFTER THE 26
SECRETARY SENDS THE H EALTH OFFICER A NOTI CE OF THE HEARING DA TE; AND 27
2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUN ITY 28
TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 29
DEFENSE, WHETHER IN PERSON OR BY COUNSEL. 30 4 HOUSE BILL 609
(4) A HEALTH OFFICER MAY A PPEAL THE DECISION O F THE 1
SECRETARY AT A HEARIN G REQUESTED UNDER PA RAGRAPH (3)(II) OF THIS 2
SUBSECTION TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 3
Article – State Personnel and Pensions 4
11–305. 5
(a) (1) This section [only] applies ONLY to an employee who is in a position: 6
[(1)] (I) under a special appointment; 7
[(2)] (II) in the management service; or 8
[(3)] (III) in the executive service. 9
(2) THIS SECTION DOES NOT APPLY TO A HEALTH OFFICER 10
APPOINTED UNDER § 3–302 OF THE HEALTH – GENERAL ARTICLE. 11
(b) Each employee subject to this section: 12
(1) serves at the pleasure of the employee’s appointing authority; and 13
(2) may be terminated from employment for any reason that is not illegal 14
or unconstitutional, solely in the discretion of the appointing authority. 15
(c) A management service employee or a special appointment employee 16
designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for 17
the purpose of creating a new position for another individual’s appointment because of that 18
individual’s political affiliation, belief, or opinion. 19
(d) An employee or an employee’s representative may file a written appeal of an 20
employment termination under this section as described under § 11–113 of this title. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23