Maryland 2022 Regular Session

Maryland House Bill HB761 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	hb0761
6	6
7	7	HOUSE BILL 761
8	8	J1 2lr1791
9	9	CF SB 330
10	10	By: Delegates Krebs, Arikan, Beitzel, Buckel, Chisholm, Grammer, Hartman,
11	11	Hornberger, Howard, Kipke, Mautz, McComas, Pippy, Reilly, Rose, Saab,
12	12	Shoemaker, Szeliga, and Thiam
13	13	Introduced and read first time: February 3, 2022
14	14	Assigned to: Health and Government Operations
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	County Boards of Health and Baltimore City Health Department – Procedures 2
21	21	and Appeals Process 3
22	22
23	23	FOR the purpose of requiring each county board of health and the Baltimore City Health 4
24	24	Department to establish certain requirements and a certain appeals process 5
25	25	regarding inspections, issuances of a citation, or issuances of an order to cease 6
26	26	operation; requiring each county board of health and the Baltimore City Health 7
27	27	Department to publish the requirements and the appeals process on their websites; 8
28	28	providing that the decision or policy of a county board of health or the Baltimore City 9
29	29	Health Department shall control under certain circumstances; and generally 10
30	30	relating to procedures for and oversight of county health officers. 11
31	31
32	32	BY repealing and reenacting, with amendments, 12
33	33	Article – Health – General 13
34	34	Section 3–101 14
35	35	Annotated Code of Maryland 15
36	36	(2019 Replacement Volume and 2021 Supplement) 16
37	37
38	38	BY adding to 17
39	39	Article – Health – General 18
40	40	Section 3–203 and 3–204 19
41	41	Annotated Code of Maryland 20
42	42	(2019 Replacement Volume and 2021 Supplement) 21
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
45	45	That the Laws of Maryland read as follows: 23
46	46
47	47	Article – Health – General 24
48	48	2 HOUSE BILL 761
49	49
50	50
51	51	3–101. 1
52	52
53	53	(a) In this title the following words have the meanings indicated. 2
54	54
55	55	(b) “County” does not include Baltimore City UNLESS EXPRESSLY PRO VIDED 3
56	56	OTHERWISE . 4
57	57
58	58	(c) “Health officer” does not include the Baltimore City Commissioner of Health 5
59	59	UNLESS EXPRESSLY PRO VIDED OTHERWISE . 6
60	60
61	61	3–203. 7
62	62
63	63	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 8
64	64	INDICATED. 9
65	65
66	66	(2) “COUNTY” MEANS A COUNTY OF TH E STATE AND BALTIMORE 10
67	67	CITY. 11
68	68
69	69	(3) “HEALTH OFFICER ” MEANS THE BALTIMORE CITY 12
70	70	COMMISSIONER OF HEALTH OR THE HEALTH OFFICER OF A COUNTY . 13
71	71
72	72	(B) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 14
73	73	HEALTH DEPARTMENT SHALL ESTA BLISH CLEAR AND UNDE RSTANDABLE 15
74	74	REQUIREMENTS REGARDI NG WHEN, HOW, AND UNDER WHAT CIRCU MSTANCES THE 16
75	75	HEALTH OFFICER OF TH E COUNTY, OR THE HEALTH OFFICE R’S STAFF, MAY 17
76	76	PERFORM AN INSPECTIO N, ISSUE A CITATION , OR ISSUE AN ORDER TO CEASE 18
77	77	OPERATION. 19
78	78
79	79	(2) THE REQUIREMENTS ESTA BLISHED UNDER PARAGR APH (1) OF 20
80	80	THIS SUBSECTION SHALL INCLUDE : 21
81	81
82	82	(I) A REQUIREMENT THAT ANY CITATION OR ORDER TO CEASE 22
83	83	OPERATION INCLUDE A REFERENCE TO THE SPE CIFIC LAW OR POLICY THAT WAS 23
84	84	VIOLATED; AND 24
85	85
86	86	(II) A SUMMARY OF THE OPTIO NS FOR APPEALING THE 25
87	87	CITATION OR ORDER , INCLUDING THE PROCES S ESTABLISHED UNDER SUBSECTION 26
88	88	(C) OF THIS SECTION. 27
89	89
90	90	(C) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 28
91	91	HEALTH DEPARTMENT SHALL ESTABLISH A PR OCESS BY WHICH A PERSON MAY 29
92	92	APPEAL A DECISION OF THE HEALTH OFFICER O R THE HEALTH OFFICER ’S STAFF TO 30
93	93	THE COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT , 31
94	94	AS APPLICABLE. 32 HOUSE BILL 761 3
95	95
96	96
97	97
98	98	(2) THE PROCESS ESTABLISH ED UNDER PARAGRAPH (1) OF THIS 1
99	99	SUBSECTION SHALL : 2
100	100
101	101	(I) INCLUDE A PROCESS FOR APPEALIN G: 3
102	102
103	103	1. A CITATION OR ORDER IS SUED BY THE HEALTH 4
104	104	OFFICER’S STAFF TO THE HEALT H OFFICER; AND 5
105	105
106	106	2. A CITATION OR ORDER IS SUED BY THE HEALTH 6
107	107	OFFICER, OR A DECISION ON AN APPEAL UNDER ITEM 1 OF THIS ITEM TO THE 7
108	108	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT ; AND 8
109	109
110	110	(II) REQUIRE THE COUNTY BOARD OF HEALTH OR THE 9
111	111	BALTIMORE CITY HEALTH DEPARTMENT TO MAKE A DETERMINAT ION ON AN 10
112	112	APPEAL WITHIN A REASONABLE AMOUNT OF TIME CONSISTENT W ITH THE SEVERITY 11
113	113	OF THE VIOLATION ALL EGED IN THE APPEALED CITATION OR ORDER AFTER THE 12
114	114	DATE ON WHICH THE COUNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH 13
115	115	DEPARTMENT RECEIVED THE REQUEST FOR THE APPEAL. 14
116	116
117	117	(D) EACH COUNTY BOARD OF HEAL TH AND THE BALTIMORE CITY HEALTH 15
118	118	DEPARTMENT SHALL PUBL ISH THE REQUIREMENTS ESTABLISHED UNDER 16
119	119	SUBSECTION (B) OF THIS SECTION AND THE APPEALS PROCESS ESTABLISHED 17
120	120	UNDER SUBSECTION (C) OF THIS SECTION ON I TS WEBSITE. 18
121	121
122	122	3–204. 19
123	123
124	124	IN THE EVENT OF A CONFLICT BETWEE N A DECISION OR POLI CY OF THE 20
125	125	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT AND 21
126	126	THE DECISION OR POLI CY OF THE COUNTY ’S HEALTH OFFICE R, THE BALTIMORE 22
127	127	CITY COMMISSIONER OF HEALTH, OR THE COMMISSIONER ’S OR HEALTH OFFICER ’S 23
128	128	STAFF ON A MATTER WITHIN T HE JURISDICTION OF THE COUNTY BOARD OF HEAL TH 24
129	129	OR THE BALTIMORE CITY HEALTH DEPARTMENT , THE DECISION OR POLICY O F THE 25
130	130	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT 26
131	131	SHALL CONTROL . 27
132	132
133	133	SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect 28
134	134	October 1, 2022. 29
135	135