EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0330*
SENATE BILL 330
J1 2lr1792
CF 2lr1791
By: Senator Ready
Introduced and read first time: January 20, 2022
Assigned to: Finance
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
3–101. 25
2 SENATE BILL 330
(a) In this title the following words have the meanings indicated. 1
(b) “County” does not include Baltimore City UNLESS EXPRESSLY PRO VIDED 2
OTHERWISE . 3
(c) “Health officer” does not include the Baltimore City Commissioner of Health 4
UNLESS EXPRESSLY PRO VIDED OTHERWISE . 5
3–203. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “COUNTY” MEANS A COUNTY OF TH E STATE AND BALTIMORE 9
CITY. 10
(3) “HEALTH OFFICER ” MEANS THE BALTIMORE CITY 11
COMMISSIONER OF HEALTH OR THE HEALTH OFFICER OF A COUNTY . 12
(B) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 13
HEALTH DEPARTMENT SHALL ESTA BLISH CLEAR AND UNDE RSTANDABLE 14
REQUIREMENTS REGARDI NG WHEN, HOW, AND UNDER WHAT CIRCU MSTANCES THE 15
HEALTH OFFICER OF TH E COUNTY, OR THE HEALTH OFFICE R’S STAFF, MAY 16
PERFORM AN INSPECTIO N, ISSUE A CITATION , OR ISSUE AN ORDER TO CEASE 17
OPERATION. 18
(2) THE REQUIREMENTS ESTA BLISHED UNDER PARAGR APH (1) OF 19
THIS SUBSECTION SHAL L INCLUDE: 20
(I) A REQUIREMENT THAT ANY CITATION OR ORDER TO CEASE 21
OPERATION INCLUDE A REFERENCE TO THE SPE CIFIC LAW OR POLICY THAT WAS 22
VIOLATED; AND 23
(II) A SUMMARY OF THE OPTIONS F OR APPEALING THE 24
CITATION OR ORDER , INCLUDING THE PROCES S ESTABLISHED UNDER SUBSECTION 25
(C) OF THIS SECTION. 26
(C) (1) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY 27
HEALTH DEPARTMENT SHALL ESTA BLISH A PROCESS BY W HICH A PERSON MAY 28
APPEAL A DECISION OF THE HEALTH OFFICER O R THE HEALTH OFFICER ’S STAFF TO 29
THE COUNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH DEPARTMENT , 30
AS APPLICABLE. 31
(2) THE PROCESS ESTABLISH ED UNDER PARAGRAPH (1) OF THIS 32 SENATE BILL 330 3
SUBSECTION SHALL : 1
(I) INCLUDE A PROCESS FOR APPEALIN G: 2
1. A CITATION OR ORDER IS SUED BY THE HEALTH 3
OFFICER’S STAFF TO THE HEALT H OFFICER; AND 4
2. A CITATION OR ORDER IS SUED BY THE HEALTH 5
OFFICER, OR A DECISION ON AN APPEAL UNDER ITEM 1 OF THIS ITEM TO THE 6
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT ; AND 7
(II) REQUIRE THE COUNTY BO ARD OF HEALTH OR THE 8
BALTIMORE CITY HEALTH DEPARTMENT TO MAKE A DETERMINATION ON AN 9
APPEAL WITHIN A REAS ONABLE AMOUNT OF TIM E CONSISTENT WITH TH E SEVERITY 10
OF THE VIOLATION ALL EGED IN THE APPEALED CITAT ION OR ORDER AFTER T HE 11
DATE ON WHICH THE CO UNTY BOARD OF HEALTH OR THE BALTIMORE CITY HEALTH 12
DEPARTMENT RECEIVED T HE REQUEST FOR THE A PPEAL. 13
(D) EACH COUNTY BOARD OF HEALTH AND THE BALTIMORE CITY HEALTH 14
DEPARTMENT SHALL PUBL ISH THE REQUIREMENTS ESTABLI SHED UNDER 15
SUBSECTION (B) OF THIS SECTION AND THE APPEALS PROCESS ESTABLISHED 16
UNDER SUBSECTION (C) OF THIS SECTION ON I TS WEBSITE. 17
3–204. 18
IN THE EVENT OF A CON FLICT BETWEEN A DECI SION OR POLICY OF TH E 19
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT AND 20
THE DECISION OR POLI CY OF THE COUNTY ’S HEALTH OFFICER , THE BALTIMORE 21
CITY COMMISSIONER OF HEALTH, OR THE COMMISSIONER ’S OR HEALTH OFFICER ’S 22
STAFF ON A MATTER WI THIN THE JURISDICTIO N OF THE COUNTY BOAR D OF HEALTH 23
OR THE BALTIMORE CITY HEALTH DEPARTMENT , THE DECISION OR POLI CY OF THE 24
COUNTY BOARD OF HEAL TH OR THE BALTIMORE CITY HEALTH DEPARTMENT 25
SHALL CONTROL . 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2022. 28