LAWRENCE J. HOGAN, JR., Governor Ch. 53
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Chapter 53
(House Bill 609)
AN ACT concerning
Local Health Officers – Removal – Grounds and Process
FOR the purpose of repealing a provision of law providing that a health officer serves at
the pleasure of the Secretary of Health and the governing body of the county;
establishing the reasons for which a health officer may be removed from office and
notice and hearing requirements related to a removal of a health officer from office;
prohibiting a health officer who appeals a certain decision of the Secretary from
carrying out the duties of health officer while the appeal is pending; and generally
relating to the removal of health officers.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 3–302
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – State Personnel and Pensions
Section 11–305
Annotated Code of Maryland
(2015 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
3–302.
(a) The health officer for a county shall be nominated by the county and appointed
by the Secretary.
(b) (1) The governing body of each county shall establish, by ordinance or
resolution, the process by which the county nominates an individual for health officer.
(2) If a vacancy occurs in the position of health officer for a county, the
governing body shall establish a process, in consultation with the Department, for making
a recommendation to the Secretary for the appointment of a health officer.
Ch. 53 2022 LAWS OF MARYLAND
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(3) The process established under paragraph (2) of this subsection shall
include the requirements for recruiting, interviewing, and recommending applicants for the
position of health officer.
(c) (1) If the Secretary finds that a nominee meets the qualifications of this
section, the Secretary shall appoint the nominee as health officer.
(2) If the Secretary finds that the nominee does not meet the qualifications
of this section, the Secretary shall reject the nomination, and the county shall provide the
Secretary with another nomination.
(d) Each health officer:
(1) Shall have:
(i) A master’s degree in public health and at least 2 years’ work in
the field of public health; or
(ii) At least 5 years’ work in the field of public health;
(2) Shall have any other qualifications and training in the field of public
health that the Secretary requires by rule or regulation; and
(3) Need not be a physician, if the health officer has a deputy who:
(i) Is a physician; and
(ii) Meets the qualifications of this subsection.
(e) Before taking office, each appointee to the office of health officer shall take the
oath required by Article I, § 9 of the Maryland Constitution.
[(f) The health officer for a county serves at the pleasure of the governing body of
that county and the Secretary.]
[(g)] (F) (1) The health officer for a county may be removed from office with
the concurrence of the governing body of that county and the Secretary FOR THE
FOLLOWING REASONS :
(I) IMMORALITY;
(II) MISCONDUCT IN OFFICE ;
(III) INSUBORDINATION ;
LAWRENCE J. HOGAN, JR., Governor Ch. 53
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(IV) INCOMPETENCY INCOMPETENCE ; OR
(V) WILLFUL NEGLECT OF DU TY.
(2) (i) Any information concerning the removal of a health officer from
office is confidential in accordance with Title 4 of the General Provisions Article.
(ii) Any meeting of the governing body of a county or any meeting
that includes the Secretary related to the removal of a health officer from office shall be
closed.
(3) (I) IF THE SECRETARY AND THE GOVERNING BO DY CONCUR ON
THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN
NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES:
1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE
REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ;
2. DOCUMENTATION SUPPORT ING THE REMOVAL ; AND
3. NOTICE OF THE OPPORTU NITY TO REQUEST A
HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN
NOTIFICATION AND INF ORMATION ON HOW TO R EQUEST THE HEARING .
(II) IF THE HEALTH OFFICE R REQUESTS A HEARING WITH THE
SECRETARY:
1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING ,
PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN SOONER THAN 10 DAYS
OR LATER THAN 30 DAYS AFTER THE SECRETARY SENDS THE H EALTH OFFICER A
NOTICE OF THE HEARING DATE REMOVAL; AND
2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUN ITY
TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S
DEFENSE; AND
3. THE SECRETARY SHALL MAKE A FINAL DECISION NOT
LATER THAN 10 DAYS AFTER THE DATE OF THE HEARING , WHETHER IN PERSON OR
BY COUNSEL.
(4) A HEALTH OFFICER MAY A PPEAL THE DECISION O F THE
SECRETARY AT A HEARIN G REQUESTED UNDER PA RAGRAPH (3)(II) OF THIS
SUBSECTION TO THE OFFICE OF ADMINISTRATIVE HEARINGS NOT LATER THAN 30
DAYS AFTER THE SECRETARY MAKES A DEC ISION UNDER PARAGRAP H (3) OF THIS Ch. 53 2022 LAWS OF MARYLAND
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SUBSECTION, A HEALTH OFFICER MAY REQUEST A HEARING BE FORE THE
APPROPRIATE CIRCUIT COURT TO ENSURE THAT THE PROCEEDINGS FOR THE
REMOVAL OF THE HEALT H OFFICER WERE CONDU CTED IN ACCORDANCE WI TH
PARAGRAPH (3) OF THIS SUBSECTION .
Article – State Personnel and Pensions
11–305.
(a) (1) This section [only] applies ONLY to an employee who is in a position:
[(1)] (I) under a special appointment;
[(2)] (II) in the management service; or
[(3)] (III) in the executive service.
(2) THIS SECTION DOES NOT APPLY TO A HEALTH OF FICER
APPOINTED UNDER § 3–302 OF THE HEALTH – GENERAL ARTICLE.
(b) Each employee subject to this section:
(1) serves at the pleasure of the employee’s appointing authority; and
(2) may be terminated from employment for any reason that is not illegal
or unconstitutional, solely in the discretion of the appointing authority.
(c) A management service employee or a special appointment employee
designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for
the purpose of creating a new position for another individual’s appointment because of that
individual’s political affiliation, belief, or opinion.
(d) An employee or an employee’s representative may file a written appeal of an
employment termination under this section as described under § 11–113 of this title.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Gubernatorial Veto Override, April 9, 2022.