MD
Maryland Senate Bill SB548

Maryland 2022 Regular Session

Maryland Senate Bill SB548 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0548*
96
107 SENATE BILL 548
118 J1 2lr1956
129 CF HB 609
1310 By: Senators Lam, Beidle, Feldman, Hettleman, Kelley, Sydnor, Washington, and
1411 Young
1512 Introduced and read first time: January 31, 2022
1613 Assigned to: Education, Health, and Environmental Affairs
17-Reassigned: Finance, February 4, 2022
18-Committee Report: Favorable with amendments
19-Senate action: Adopted with floor amendments
20-Read second time: March 8, 2022
2114
22-CHAPTER ______
15+A BILL ENTITLED
2316
2417 AN ACT concerning 1
2518
2619 Local Health Officers – Removal – Grounds and Process 2
2720
2821 FOR the purpose of repealing a provision of law providing that a health officer serves at 3
2922 the pleasure of the Secretary of Health and the governing body of the county; 4
3023 establishing the reasons for which a health officer may be removed from office and 5
31-notice and hearing requirements related to a removal of a health officer from office; 6
32-prohibiting a health officer who appeals a certain decision of the Secretary from 7
33-carrying out the duties of health officer while the appeal is pending; and generally 8
34-relating to the removal of health officers. 9
24+notice and hearing requirements related to a removal; and generally relating to the 6
25+removal of health officers. 7
3526
36-BY repealing and reenacting, with amendments, 10
37- Article – Health – General 11
38-Section 3–302 12
39- Annotated Code of Maryland 13
40- (2019 Replacement Volume and 2021 Supplement) 14
27+BY repealing and reenacting, with amendments, 8
28+ Article – Health – General 9
29+Section 3–302 10
30+ Annotated Code of Maryland 11
31+ (2019 Replacement Volume and 2021 Supplement) 12
4132
42-BY repealing and reenacting, with amendments, 15
43- Article – State Personnel and Pensions 16
44- Section 11–305 17
45- Annotated Code of Maryland 18
46- (2015 Replacement Volume and 2021 Supplement) 19
47- 2 SENATE BILL 548
33+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
34+That the Laws of Maryland read as follows: 14
35+
36+Article – Health – General 15
37+
38+3–302. 16
39+
40+ (a) The health officer for a county shall be nominated by the county and appointed 17
41+by the Secretary. 18
42+
43+ (b) (1) The governing body of each county shall establish, by ordinance or 19
44+resolution, the process by which the county nominates an individual for health officer. 20
45+
46+ (2) If a vacancy occurs in the position of health officer for a county, the 21
47+governing body shall establish a process, in consultation with the Department, for making 22
48+a recommendation to the Secretary for the appointment of a health officer. 23 2 SENATE BILL 548
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
5251
53-Article – Health – General 3
52+ (3) The process established under paragraph (2) of this subsection shall 1
53+include the requirements for recruiting, interviewing, and recommending applicants for the 2
54+position of health officer. 3
5455
55-3–302. 4
56+ (c) (1) If the Secretary finds that a nominee meets the qualifications of this 4
57+section, the Secretary shall appoint the nominee as health officer. 5
5658
57- (a) The health officer for a county shall be nominated by the county and appointed 5
58-by the Secretary. 6
59+ (2) If the Secretary finds that the nominee does not meet the qualifications 6
60+of this section, the Secretary shall reject the nomination, and the county shall provide the 7
61+Secretary with another nomination. 8
5962
60- (b) (1) The governing body of each county shall establish, by ordinance or 7
61-resolution, the process by which the county nominates an individual for health officer. 8
63+ (d) Each health officer: 9
6264
63- (2) If a vacancy occurs in the position of health officer for a county, the 9
64-governing body shall establish a process, in consultation with the Department, for making 10
65-a recommendation to the Secretary for the appointment of a health officer. 11
65+ (1) Shall have: 10
6666
67- (3) The process established under paragraph (2) of this subsection shall 12
68-include the requirements for recruiting, interviewing, and recommending applicants for the 13
69-position of health officer. 14
67+ (i) A master’s degree in public health and at least 2 years’ work in 11
68+the field of public health; or 12
7069
71- (c) (1) If the Secretary finds that a nominee meets the qualifications of this 15
72-section, the Secretary shall appoint the nominee as health officer. 16
70+ (ii) At least 5 years’ work in the field of public health; 13
7371
74- (2) If the Secretary finds that the nominee does not meet the qualifications 17
75-of this section, the Secretary shall reject the nomination, and the county shall provide the 18
76-Secretary with another nomination. 19
72+ (2) Shall have any other qualifications and training in the field of public 14
73+health that the Secretary requires by rule or regulation; and 15
7774
78- (d) Each health officer: 20
75+ (3) Need not be a physician, if the health officer has a deputy who: 16
7976
80- (1) Shall have: 21
77+ (i) Is a physician; and 17
8178
82- (i) A master’s degree in public health and at least 2 years’ work in 22
83-the field of public health; or 23
79+ (ii) Meets the qualifications of this subsection. 18
8480
85- (ii) At least 5 years’ work in the field of public health; 24
81+ (e) Before taking office, each appointee to the office of health officer shall take the 19
82+oath required by Article I, § 9 of the Maryland Constitution. 20
8683
87- (2) Shall have any other qualifications and training in the field of public 25
88-health that the Secretary requires by rule or regulation; and 26
84+ [(f) The health officer for a county serves at the pleasure of the governing body of 21
85+that county and the Secretary.] 22
8986
90- (3) Need not be a physician, if the health officer has a deputy who: 27
87+ [(g)] (F) (1) The health officer for a county may be removed from office with 23
88+the concurrence of the governing body of that county and the Secretary FOR THE 24
89+FOLLOWING REASONS : 25
9190
92- (i) Is a physician; and 28
91+ (I) IMMORALITY; 26
9392
94- (ii) Meets the qualifications of this subsection. 29
93+ (II) MISCONDUCT IN OFFICE ; 27
94+
95+ (III) INSUBORDINATION ; 28
9596 SENATE BILL 548 3
9697
9798
98- (e) Before taking office, each appointee to the office of health officer shall take the 1
99-oath required by Article I, § 9 of the Maryland Constitution. 2
99+ (IV) INCOMPETENCY ; OR 1
100100
101- [(f) The health officer for a county serves at the pleasure of the governing body of 3
102-that county and the Secretary.] 4
101+ (V) WILLFUL NEGLECT OF DU TY. 2
103102
104- [(g)] (F) (1) The health officer for a county may be removed from office with 5
105-the concurrence of the governing body of that county and the Secretary FOR THE 6
106-FOLLOWING REASONS : 7
103+ (2) (i) Any information concerning the removal of a health officer from 3
104+office is confidential in accordance with Title 4 of the General Provisions Article. 4
107105
108- (I) IMMORALITY; 8
106+ (ii) Any meeting of the governing body of a county or any meeting 5
107+that includes the Secretary related to the removal of a health officer from office shall be 6
108+closed. 7
109109
110- (II) MISCONDUCT IN OFFICE ; 9
110+ (3) (I) IF THE SECRETARY AND THE GOVERNING BO DY CONCUR ON 8
111+THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVIDE WRITTEN 9
112+NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES : 10
111113
112- (III) INSUBORDINATION ; 10
114+ 1. THE BASIS FOR THE REMOVAL , SUBJECT TO THE 11
115+REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 12
113116
114- (IV) INCOMPETENCY ; OR 11
117+ 2. DOCUMENTATION SUPPORT ING THE REMOVAL ; AND 13
115118
116- (V) WILLFUL NEGLECT OF DU TY. 12
119+ 3. NOTICE OF THE OPPORTU NITY TO REQUEST A 14
120+HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT OF THE WRITTEN 15
121+NOTIFICATION AND INFORMATION ON H OW TO REQUEST THE HE ARING. 16
117122
118- (2) (i) Any information concerning the removal of a health officer from 13
119-office is confidential in accordance with Title 4 of the General Provisions Article. 14
123+ (II) IF THE HEALTH OFFICER REQUESTS A HEARING W ITH THE 17
124+SECRETARY: 18
120125
121- (ii) Any meeting of the governing body of a county or any meeting 15
122-that includes the Secretary related to the removal of a health officer from office shall be 16
123-closed. 17
126+ 1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 19
127+PROVIDED THAT THE HEARING MAY NOT BE HELD WITHIN 10 DAYS AFTER THE 20
128+SECRETARY SENDS THE H EALTH OFFICER A NOTI CE OF THE HEARING DATE; AND 21
124129
125- (3) (I) IF THE SECRETARY AND THE GOV ERNING BODY CONCUR O N 18
126-THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN 19
127-NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES: 20
130+ 2. THE HEALTH OFFICER SHALL HAVE AN OPPORT UNITY 22
131+TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 23
132+DEFENSE, WHETHER IN PERSON OR B Y COUNSEL. 24
128133
129- 1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE 21
130-REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 22
134+ (4) A HEALTH OFFICER MAY A PPEAL THE DECISION O F THE 25
135+SECRETARY AT A HEARING REQUEST ED UNDER PARAGRAPH (3)(II) OF THIS 26
136+SUBSECTION TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 27
131137
132- 2. DOCUMENTATION SUPPORT ING THE REMOVAL ; AND 23
133-
134- 3. NOTICE OF THE OPPORTU NITY TO REQUEST A 24
135-HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN 25
136-NOTIFICATION AND INF ORMATION ON HOW TO REQUEST THE H EARING. 26
137-
138- (II) IF THE HEALTH OFFICER REQUESTS A HEARING W ITH THE 27
139-SECRETARY: 28
140-
141- 1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 29
142-PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN SOONER THAN 10 DAYS 30 4 SENATE BILL 548
143-
144-
145-OR LATER THAN 30 DAYS AFTER THE SECRETARY SENDS THE HEAL TH OFFICER A 1
146-NOTICE OF THE HEARING DATE REMOVAL; AND 2
147-
148- 2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUN ITY 3
149-TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 4
150-DEFENSE, WHETHER IN PERSON OR BY COUNSEL; AND 5
151-
152- 3. THE SECRETARY SHALL MAKE A FINAL DECISION NOT 6
153-LATER THAN 10 DAYS AFTER THE DATE OF THE HEARING . 7
154-
155- (4) (I) A NOT LATER THAN 30 DAYS AFTER THE SECRETARY MAKES 8
156-A DECISION UNDER PARAGRAPH (3) OF THIS SUBSECTION , A HEALTH OFFICER MAY 9
157-APPEAL THE DECISION OF THE SECRETARY AT A HEARIN G REQUESTED MADE UNDER 10
158-PARAGRAPH (3)(II) OF THIS SUBSECTION T O THE OFFICE OF ADMINISTRATIVE 11
159-HEARINGS REQUEST A HEARING BE FORE THE APPROPRIATE CIRCUIT COURT TO 12
160-ENSURE THAT THE PROC EEDINGS FOR THE REMO VAL OF THE HEALTH OFFICER 13
161-WERE CONDUCTED IN AC CORDANCE WITH PARAGR APH (3) OF THIS SUBSECTION NOT 14
162-LATER THAN 30 DAYS AFTER THE SECRETARY MADE THE DE CISION. 15
163-
164- (II) A HEALTH OFFICER WHO A PPEALS THE DECISION OF THE 16
165-SECRETARY UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH MA Y NOT CARRY OUT 17
166-THE DUTIES OF HEALTH OFFICER WHILE THE AP PEAL IS PENDING. 18
167-
168-Article – State Personnel and Pensions 19
169-
170-11–305. 20
171-
172- (a) (1) This section [only] applies ONLY to an employee who is in a position: 21
173-
174- [(1)] (I) under a special appointment; 22
175-
176- [(2)] (II) in the management service; or 23
177-
178- [(3)] (III) in the executive service. 24
179-
180- (2) THIS SECTION DOES NOT APPLY TO A HEALTH OF FICER 25
181-APPOINTED UNDER § 3–302 OF THE HEALTH – GENERAL ARTICLE. 26
182-
183- (b) Each employee subject to this section: 27
184-
185- (1) serves at the pleasure of the employee’s appointing authority; and 28
186-
187- (2) may be terminated from employment for any reason that is not illegal 29
188-or unconstitutional, solely in the discretion of the appointing authority. 30
189- SENATE BILL 548 5
190-
191-
192- (c) A management service employee or a special appointment employee 1
193-designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for 2
194-the purpose of creating a new position for another individual’s appointment because of that 3
195-individual’s political affiliation, belief, or opinion. 4
196-
197- (d) An employee or an employee’s representative may file a written appeal of an 5
198-employment termination under this section as described under § 11–113 of this title. 6
199-
200- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
201-October 1, 2022. 8
202-
203-
204-
205-
206-Approved:
207-________________________________________________________________________________
208- Governor.
209-________________________________________________________________________________
210- President of the Senate.
211-________________________________________________________________________________
212- Speaker of the House of Delegates.
138+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
139+October 1, 2022. 29