EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*hb0609*
HOUSE BILL 609
J1 (2lr2060)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Delegates Pena–Melnyk and Pendergrass, Pendergrass, Bhandari,
Carr, Hill, Kerr, Landis, and R. Lewis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governo r, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 of a health officer from office; 6
prohibiting a health officer who appeals a certain decision of the Secretary from 7
carrying out the duties of health officer while the appeal is pending; and generally 8
relating to the removal of health officers. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 3–302 12
Annotated Code of Maryland 13 2 HOUSE BILL 609
(2019 Replacement Volume and 2021 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – State Personnel and Pensions 3
Section 11–305 4
Annotated Code of Maryland 5
(2015 Replacement Volume and 2021 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Health – General 9
3–302. 10
(a) The health officer for a county shall be nominated by the county and appointed 11
by the Secretary. 12
(b) (1) The governing body of each county shall establish, by ordinance or 13
resolution, the process by which the county nominates an individual for health officer. 14
(2) If a vacancy occurs in the position of health officer for a county, the 15
governing body shall establish a process, in consultation with the Department, for making 16
a recommendation to the Secretary for the appointment of a health officer. 17
(3) The process established under paragraph (2) of this subsection shall 18
include the requirements for recruiting, interviewing, and recommending applicants for the 19
position of health officer. 20
(c) (1) If the Secretary finds that a nominee meets the qualifications of this 21
section, the Secretary shall appoint the nominee as health officer. 22
(2) If the Secretary finds that the nominee does not meet the qualifications 23
of this section, the Secretary shall reject the nomination, and the county shall provide the 24
Secretary with another nomination. 25
(d) Each health officer: 26
(1) Shall have: 27
(i) A master’s degree in public health and at least 2 years’ work in 28
the field of public health; or 29
(ii) At least 5 years’ work in the field of public health; 30
(2) Shall have any other qualifications and training in the field of public 31
health that the Secretary requires by rule or regulation; and 32 HOUSE BILL 609 3
(3) Need not be a physician, if the health officer has a deputy who: 1
(i) Is a physician; and 2
(ii) Meets the qualifications of this subsection. 3
(e) Before taking office, each appointee to the office of health officer shall take the 4
oath required by Article I, § 9 of the Maryland Constitution. 5
[(f) The health officer for a county serves at the pleasure of the governing body of 6
that county and the Secretary.] 7
[(g)] (F) (1) The health officer for a county may be removed from office with 8
the concurrence of the governing body of that county and the Secretary FOR THE 9
FOLLOWING REASONS : 10
(I) IMMORALITY; 11
(II) MISCONDUCT IN OFFICE ; 12
(III) INSUBORDINATION ; 13
(IV) INCOMPETENCY INCOMPETENCE ; OR 14
(V) WILLFUL NEGLECT OF DU TY. 15
(2) (i) Any information concerning the removal of a health officer from 16
office is confidential in accordance with Title 4 of the General Provisions Article. 17
(ii) Any meeting of the governing body of a county or any meeting 18
that includes the Secretary related to the removal of a health officer from office shall be 19
closed. 20
(3) (I) IF THE SECRETARY AND THE GOVERNING BODY CONCU R ON 21
THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN 22
NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES: 23
1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE 24
REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 25
2. DOCUMENTATION SUPPORTI NG THE REMOVAL ; AND 26
4 HOUSE BILL 609
3. NOTICE OF THE OPPORTU NITY TO REQUEST A 1
HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN 2
NOTIFICATION AND INF ORMATION ON HOW TO R EQUEST THE HEARING . 3
(II) IF THE HEALTH OFFICER REQUESTS A HEARING WITH THE 4
SECRETARY: 5
1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 6
PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN SOONER THAN 10 DAYS 7
OR LATER THAN 30 DAYS AFTER THE SECRETARY SENDS THE H EALTH OFFICER A 8
NOTICE OF THE HEARING DATE REMOVAL; AND 9
2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUN ITY 10
TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 11
DEFENSE; AND 12
3. THE SECRETARY SHALL MAKE A FINAL DECISION NOT 13
LATER THAN 10 DAYS AFTER THE DATE OF THE HEARING , WHETHER IN PERSON OR 14
BY COUNSEL. 15
(4) A HEALTH OFFICER MAY A PPEAL THE DECISION O F THE 16
SECRETARY AT A HEARIN G REQUESTED UNDER PA RAGRAPH (3)(II) OF THIS 17
SUBSECTION TO THE OFFICE OF ADMINISTRATIVE HEARINGS NOT LATER THAN 30 18
DAYS AFTER THE SECRETARY MAKES A DECISION UNDER PARAG RAPH (3) OF THIS 19
SUBSECTION, A HEALTH OFFICER MAY REQUEST A HEARING BE FORE THE 20
APPROPRIATE CIRCUIT COURT TO ENSURE THAT THE PROCEEDINGS FOR THE 21
REMOVAL OF THE HEALT H OFFICER WERE CONDU CTED IN ACCORDANCE W ITH 22
PARAGRAPH (3) OF THIS SUBSEC TION. 23
Article – State Personnel and Pensions 24
11–305. 25
(a) (1) This section [only] applies ONLY to an employee who is in a position: 26
[(1)] (I) under a special appointment; 27
[(2)] (II) in the management service; or 28
[(3)] (III) in the executive service. 29
(2) THIS SECTION DOES NOT APPLY TO A HEALTH OF FICER 30
APPOINTED UNDER § 3–302 OF THE HEALTH – GENERAL ARTICLE. 31
HOUSE BILL 609 5
(b) Each employee subject to this section: 1
(1) serves at the pleasure of the employee’s appointing authority; and 2
(2) may be terminated from employment for any reason that is not illegal 3
or unconstitutional, solely in the discretion of the appointing authority. 4
(c) A management service employee or a special appointment employee 5
designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for 6
the purpose of creating a new position for another individual’s appointment because of that 7
individual’s political affiliation, belief, or opinion. 8
(d) An employee or an employee’s representative may file a written appeal of an 9
employment termination under this section as described under § 11–113 of this title. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.