EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0761*
HOUSE BILL 761
J1 2lr1791
CF SB 330
By: Delegates Krebs, Arikan, Beitzel, Buckel, Chisholm, Grammer, Hartman,
Hornberger, Howard, Kipke, Mautz, McComas, Pippy, Reilly, Rose, Saab,
Shoemaker, Szeliga, and Thiam
Introduced and read first time: February 3, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
County Boards of Health and Baltimore City Health Department – Procedures 2
and Appeals Process 3
FOR the purpose of requiring each county board of health and the Baltimore City Health 4
Department to establish certain requirements and a certain appeals process 5
regarding inspections, issuances of a citation, or issuances of an order to cease 6
operation; requiring each county board of health and the Baltimore City Health 7
Department to publish the requirements and the appeals process on their websites; 8
providing that the decision or policy of a county board of health or the Baltimore City 9
Health Department shall control under certain circumstances; and generally 10
relating to procedures for and oversight of county health officers. 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 3–101 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Health – General 18
Section 3–203 and 3–204 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2021 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health – General 24
2 HOUSE BILL 761
3–101. 1
(a) In this title the following words have the meanings indicated. 2
(b) “County” does not include Baltimore City UNLESS EXPRESSLY PRO VIDED 3
OTHERWISE . 4
(c) “Health officer” does not include the Baltimore City Commissioner of Health 5
UNLESS EXPRESSLY PRO VIDED OTHERWISE . 6
3–203. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 8
INDICATED. 9
(2) “COUNTY” MEANS A COUNTY OF TH E STATE AND BALTIMORE 10
CITY. 11
(3) “HEALTH OFFICER ” MEANS THE BALTIMORE CITY 12
COMMISSIONER OF HEALTH OR THE HEALTH OFFICER OF A COUNTY . 13
(B) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 14
HEALTH DEPARTMENT SHALL ESTA BLISH CLEAR AND UNDE RSTANDABLE 15
REQUIREMENTS REGARDI NG WHEN, HOW, AND UNDER WHAT CIRCU MSTANCES THE 16
HEALTH OFFICER OF TH E COUNTY, OR THE HEALTH OFFICE R’S STAFF, MAY 17
PERFORM AN INSPECTIO N, ISSUE A CITATION , OR ISSUE AN ORDER TO CEASE 18
OPERATION. 19
(2) THE REQUIREMENTS ESTA BLISHED UNDER PARAGR APH (1) OF 20
THIS SUBSECTION SHALL INCLUDE : 21
(I) A REQUIREMENT THAT ANY CITATION OR ORDER TO CEASE 22
OPERATION INCLUDE A REFERENCE TO THE SPE CIFIC LAW OR POLICY THAT WAS 23
VIOLATED; AND 24
(II) A SUMMARY OF THE OPTIO NS FOR APPEALING THE 25
CITATION OR ORDER , INCLUDING THE PROCES S ESTABLISHED UNDER SUBSECTION 26
(C) OF THIS SECTION. 27
(C) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 28
HEALTH DEPARTMENT SHALL ESTABLISH A PR OCESS BY WHICH A PERSON MAY 29
APPEAL A DECISION OF THE HEALTH OFFICER O R THE HEALTH OFFICER ’S STAFF TO 30
THE COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT , 31
AS APPLICABLE. 32 HOUSE BILL 761 3
(2) THE PROCESS ESTABLISH ED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL : 2
(I) INCLUDE A PROCESS FOR APPEALIN G: 3
1. A CITATION OR ORDER IS SUED BY THE HEALTH 4
OFFICER’S STAFF TO THE HEALT H OFFICER; AND 5
2. A CITATION OR ORDER IS SUED BY THE HEALTH 6
OFFICER, OR A DECISION ON AN APPEAL UNDER ITEM 1 OF THIS ITEM TO THE 7
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT ; AND 8
(II) REQUIRE THE COUNTY BOARD OF HEALTH OR THE 9
BALTIMORE CITY HEALTH DEPARTMENT TO MAKE A DETERMINAT ION ON AN 10
APPEAL WITHIN A REASONABLE AMOUNT OF TIME CONSISTENT W ITH THE SEVERITY 11
OF THE VIOLATION ALL EGED IN THE APPEALED CITATION OR ORDER AFTER THE 12
DATE ON WHICH THE COUNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH 13
DEPARTMENT RECEIVED THE REQUEST FOR THE APPEAL. 14
(D) EACH COUNTY BOARD OF HEAL TH AND THE BALTIMORE CITY HEALTH 15
DEPARTMENT SHALL PUBL ISH THE REQUIREMENTS ESTABLISHED UNDER 16
SUBSECTION (B) OF THIS SECTION AND THE APPEALS PROCESS ESTABLISHED 17
UNDER SUBSECTION (C) OF THIS SECTION ON I TS WEBSITE. 18
3–204. 19
IN THE EVENT OF A CONFLICT BETWEE N A DECISION OR POLI CY OF THE 20
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT AND 21
THE DECISION OR POLI CY OF THE COUNTY ’S HEALTH OFFICE R, THE BALTIMORE 22
CITY COMMISSIONER OF HEALTH, OR THE COMMISSIONER ’S OR HEALTH OFFICER ’S 23
STAFF ON A MATTER WITHIN T HE JURISDICTION OF THE COUNTY BOARD OF HEAL TH 24
OR THE BALTIMORE CITY HEALTH DEPARTMENT , THE DECISION OR POLICY O F THE 25
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT 26
SHALL CONTROL . 27
SECTION 2. AND BE IT FURTHER ENA CTED, That this Act shall take effect 28
October 1, 2022. 29