Maryland 2022 Regular Session

Maryland Senate Bill SB330 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	sb0330
6	6
7	7	SENATE BILL 330
8	8	J1 2lr1792
9	9	CF 2lr1791
10	10	By: Senator Ready
11	11	Introduced and read first time: January 20, 2022
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	County Boards of Health and Baltimore City Health Department – Procedures 2
19	19	and Appeals Process 3
20	20
21	21	FOR the purpose of requiring each county board of health and the Baltimore City Health 4
22	22	Department to establish certain requirements and a certain appeals process 5
23	23	regarding inspections, issuances of a citation, or issuances of an order to cease 6
24	24	operation; requiring each county board of health and the Baltimore City Health 7
25	25	Department to publish the requirements and the appeals process on their websites; 8
26	26	providing that the decision or policy of a county board of health or the Baltimore City 9
27	27	Health Department shall control under certain circumstances; and generally 10
28	28	relating to procedures for and oversight of county health officers. 11
29	29
30	30	BY repealing and reenacting, with amendments, 12
31	31	Article – Health – General 13
32	32	Section 3–101 14
33	33	Annotated Code of Maryland 15
34	34	(2019 Replacement Volume and 2021 Supplement) 16
35	35
36	36	BY adding to 17
37	37	Article – Health – General 18
38	38	Section 3–203 and 3–204 19
39	39	Annotated Code of Maryland 20
40	40	(2019 Replacement Volume and 2021 Supplement) 21
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43	43	That the Laws of Maryland read as follows: 23
44	44
45	45	Article – Health – General 24
46	46
47	47	3–101. 25
48	48	2 SENATE BILL 330
49	49
50	50
51	51	(a) In this title the following words have the meanings indicated. 1
52	52
53	53	(b) “County” does not include Baltimore City UNLESS EXPRESSLY PRO VIDED 2
54	54	OTHERWISE . 3
55	55
56	56	(c) “Health officer” does not include the Baltimore City Commissioner of Health 4
57	57	UNLESS EXPRESSLY PRO VIDED OTHERWISE . 5
58	58
59	59	3–203. 6
60	60
61	61	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
62	62	INDICATED. 8
63	63
64	64	(2) “COUNTY” MEANS A COUNTY OF TH E STATE AND BALTIMORE 9
65	65	CITY. 10
66	66
67	67	(3) “HEALTH OFFICER ” MEANS THE BALTIMORE CITY 11
68	68	COMMISSIONER OF HEALTH OR THE HEALTH OFFICER OF A COUNTY . 12
69	69
70	70	(B) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 13
71	71	HEALTH DEPARTMENT SHALL ESTA BLISH CLEAR AND UNDE RSTANDABLE 14
72	72	REQUIREMENTS REGARDI NG WHEN, HOW, AND UNDER WHAT CIRCU MSTANCES THE 15
73	73	HEALTH OFFICER OF TH E COUNTY, OR THE HEALTH OFFICE R’S STAFF, MAY 16
74	74	PERFORM AN INSPECTIO N, ISSUE A CITATION , OR ISSUE AN ORDER TO CEASE 17
75	75	OPERATION. 18
76	76
77	77	(2) THE REQUIREMENTS ESTA BLISHED UNDER PARAGR APH (1) OF 19
78	78	THIS SUBSECTION SHAL L INCLUDE: 20
79	79
80	80	(I) A REQUIREMENT THAT ANY CITATION OR ORDER TO CEASE 21
81	81	OPERATION INCLUDE A REFERENCE TO THE SPE CIFIC LAW OR POLICY THAT WAS 22
82	82	VIOLATED; AND 23
83	83
84	84	(II) A SUMMARY OF THE OPTIONS F OR APPEALING THE 24
85	85	CITATION OR ORDER , INCLUDING THE PROCES S ESTABLISHED UNDER SUBSECTION 25
86	86	(C) OF THIS SECTION. 26
87	87
88	88	(C) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 27
89	89	HEALTH DEPARTMENT SHALL ESTA BLISH A PROCESS BY W HICH A PERSON MAY 28
90	90	APPEAL A DECISION OF THE HEALTH OFFICER O R THE HEALTH OFFICER ’S STAFF TO 29
91	91	THE COUNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH DEPARTMENT , 30
92	92	AS APPLICABLE. 31
93	93
94	94	(2) THE PROCESS ESTABLISH ED UNDER PARAGRAPH (1) OF THIS 32 SENATE BILL 330 3
95	95
96	96
97	97	SUBSECTION SHALL : 1
98	98
99	99	(I) INCLUDE A PROCESS FOR APPEALIN G: 2
100	100
101	101	1. A CITATION OR ORDER IS SUED BY THE HEALTH 3
102	102	OFFICER’S STAFF TO THE HEALT H OFFICER; AND 4
103	103
104	104	2. A CITATION OR ORDER IS SUED BY THE HEALTH 5
105	105	OFFICER, OR A DECISION ON AN APPEAL UNDER ITEM 1 OF THIS ITEM TO THE 6
106	106	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT ; AND 7
107	107
108	108	(II) REQUIRE THE COUNTY BO ARD OF HEALTH OR THE 8
109	109	BALTIMORE CITY HEALTH DEPARTMENT TO MAKE A DETERMINATION ON AN 9
110	110	APPEAL WITHIN A REAS ONABLE AMOUNT OF TIM E CONSISTENT WITH TH E SEVERITY 10
111	111	OF THE VIOLATION ALL EGED IN THE APPEALED CITAT ION OR ORDER AFTER T HE 11
112	112	DATE ON WHICH THE CO UNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH 12
113	113	DEPARTMENT RECEIVED T HE REQUEST FOR THE A PPEAL. 13
114	114
115	115	(D) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY HEALTH 14
116	116	DEPARTMENT SHALL PUBL ISH THE REQUIREMENTS ESTABLI SHED UNDER 15
117	117	SUBSECTION (B) OF THIS SECTION AND THE APPEALS PROCESS ESTABLISHED 16
118	118	UNDER SUBSECTION (C) OF THIS SECTION ON I TS WEBSITE. 17
119	119
120	120	3–204. 18
121	121
122	122	IN THE EVENT OF A CON FLICT BETWEEN A DECI SION OR POLICY OF TH E 19
123	123	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT AND 20
124	124	THE DECISION OR POLI CY OF THE COUNTY ’S HEALTH OFFICER , THE BALTIMORE 21
125	125	CITY COMMISSIONER OF HEALTH, OR THE COMMISSIONER ’S OR HEALTH OFFICER ’S 22
126	126	STAFF ON A MATTER WI THIN THE JURISDICTIO N OF THE COUNTY BOAR D OF HEALTH 23
127	127	OR THE BALTIMORE CITY HEALTH DEPARTMENT , THE DECISION OR POLI CY OF THE 24
128	128	COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT 25
129	129	SHALL CONTROL . 26
130	130
131	131	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
132	132	October 1, 2022. 28
133	133
134	134