MD
Maryland House Bill HB273

Maryland 2023 Regular Session

Maryland House Bill HB273 Compare Versions

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1- WES MOORE, Governor Ch. 319
21
3-– 1 –
4-Chapter 319
5-(House Bill 273)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [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.
8+ *hb0273*
89
9-Health Occupations – Environmental Health Specialists – Revisions
10+HOUSE BILL 273
11+J2 3lr0451
12+ CF SB 399
13+By: Delegates Alston, Bagnall, Kaiser, Kelly, Kerr, R. Lewis, White, and Woods
14+Woods, Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson,
15+S. Johnson, Kipke, Lopez, Martinez, M. Morgan, Pena–Melnyk, Rosenberg,
16+and Taveras
17+Introduced and read first time: January 25, 2023
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: March 1, 2023
1022
11-FOR the purpose of altering the definition of “practice as an environmental health
12-specialist”; altering the education requirements for an applicant for licensure as an
13-environmental health specialist; authorizing the Board of Environmental Health
14-Specialists to approve an examination provider to administer the licensure
15-examination; altering the grounds for which the Board may take disciplinary action
16-against an applicant or a licensee; altering certain procedures relating to the review
17-of a final decision of the Board; and generally relating to environmental health
18-specialists.
23+CHAPTER ______
1924
20-BY repealing and reenacting, without amendments,
21- Article – Health Occupations
22-Section 21–101(a)
23- Annotated Code of Maryland
24- (2021 Replacement Volume and 2022 Supplement)
25+AN ACT concerning 1
2526
26-BY repealing and reenacting, with amendments,
27- Article – Health Occupations
28-Section 21–101(i), 21–304, and 21–312, and 21–314
29- Annotated Code of Maryland
30- (2021 Replacement Volume and 2022 Supplement)
27+Health Occupations – Environmental Health Specialists – Revisions 2
3128
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
29+FOR the purpose of altering the definition of “practice as an environmental health 3
30+specialist”; altering the education requirements for an applicant for licensure as an 4
31+environmental health specialist; authorizing the Board of Environmental Health 5
32+Specialists to approve an examination provider to administer the licensure 6
33+examination; altering the grounds for which the Board may take disciplinary action 7
34+against an applicant or a licensee; altering certain procedures relating to the review 8
35+of a final decision of the Board; and generally relating to environmental health 9
36+specialists. 10
3437
35-Article – Health Occupations
38+BY repealing and reenacting, without amendments, 11
39+ Article – Health Occupations 12
40+Section 21–101(a) 13
41+ Annotated Code of Maryland 14
42+ (2021 Replacement Volume and 2022 Supplement) 15
3643
37-21–101.
44+BY repealing and reenacting, with amendments, 16
45+ Article – Health Occupations 17
46+Section 21–101(i), 21–304, and 21–312, and 21–314 18
47+ Annotated Code of Maryland 19
48+ (2021 Replacement Volume and 2022 Supplement) 20 2 HOUSE BILL 273
3849
39- (a) In this title the following words have the meanings indicated.
4050
41- (i) “Practice as an environmental health specialist” means, as a major component
42-of employment, to apply academic principles, methods and procedures of the
43-environmental, physical, biological, and health sciences to the inspections and
44-investigations necessary to collect and analyze data and to make decisions necessary to
45-secure compliance with federal, State, and local health and environmental laws and
46-regulations specifically relating to control of the public health aspects of the environment
47-including:
48- Ch. 319 2023 LAWS OF MARYLAND
4951
50-– 2 –
51- (1) The manufacture, preparation, handling, distribution, or sale of food
52-and milk;
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
5354
54- (2) Water supply and treatment;
55+Article – Health Occupations 3
5556
56- (3) Wastewater treatment and disposal;
57+21–101. 4
5758
58- (4) Solid waste management and disposal;
59+ (a) In this title the following words have the meanings indicated. 5
5960
60- (5) Vector control;
61+ (i) “Practice as an environmental health specialist” means, as a major component 6
62+of employment, to apply academic principles, methods and procedures of the 7
63+environmental, physical, biological, and health sciences to the inspections and 8
64+investigations necessary to collect and analyze data and to make decisions necessary to 9
65+secure compliance with federal, State, and local health and environmental laws and 10
66+regulations specifically relating to control of the public health aspects of the environment 11
67+including: 12
6168
62- (6) Insect and rodent control;
69+ (1) The manufacture, preparation, handling, distribution, or sale of food 13
70+and milk; 14
6371
64- (7) Air quality;
72+ (2) Water supply and treatment; 15
6573
66- (8) Noise control;
74+ (3) Wastewater treatment and disposal; 16
6775
68- (9) Product safety;
76+ (4) Solid waste management and disposal; 17
6977
70- (10) Recreational sanitation; [and]
78+ (5) Vector control; 18
7179
72- (11) Institutional and residential sanitation; AND
80+ (6) Insect and rodent control; 19
7381
74- (12) ASPECTS RELATED TO PU BLIC HEALTH EMERGENC Y
75-PREPAREDNESS .
82+ (7) Air quality; 20
7683
77-21–304.
84+ (8) Noise control; 21
7885
79- (a) An applicant who otherwise qualifies for licensure is entitled to be examined
80-as provided in this section.
86+ (9) Product safety; 22
8187
82- (b) An applicant qualifies to take the examination if the applicant:
88+ (10) Recreational sanitation; [and] 23
8389
84- (1) (i) Has graduated from an accredited college or university with a
85-baccalaureate degree [in the chemical, physical, biological, or environmental sciences, as
86-defined in regulation, including] THAT INCLUDES :
90+ (11) Institutional and residential sanitation; AND 24
8791
88- 1. A minimum of [60] 30 semester credit hours or the
89-equivalent quarter credit hours of chemical, physical, biological, and environmental
90-sciences acceptable to the Board [which includes at least one laboratory course in two of
91-the following fields:
92+ (12) ASPECTS RELATED TO PUBLIC HEALTH EMERGE NCY 25
93+PREPAREDNESS . 26
9294
93- A. Chemistry;
95+21–304. 27
96+ HOUSE BILL 273 3
9497
95- B. Physics; WES MOORE, Governor Ch. 319
9698
97-– 3 –
99+ (a) An applicant who otherwise qualifies for licensure is entitled to be examined 1
100+as provided in this section. 2
98101
99- C. Biology;
102+ (b) An applicant qualifies to take the examination if the applicant: 3
100103
101- D. Geographic information systems; or
104+ (1) (i) Has graduated from an accredited college or university with a 4
105+baccalaureate degree [in the chemical, physical, biological, or environmental sciences, as 5
106+defined in regulation, including] THAT INCLUDES : 6
102107
103- E. Soil science; and];
108+ 1. A minimum of [60] 30 semester credit hours or the 7
109+equivalent quarter credit hours of chemical, physical, biological, and environmental 8
110+sciences acceptable to the Board [which includes at least one laboratory course in two of 9
111+the following fields: 10
104112
105- 2. A course in mathematics; and
113+ A. Chemistry; 11
106114
107- 3. LABORATORY COURSEWORK AS REQUIRED IN
108-REGULATIONS ADOPTED BY THE BOARD; AND
115+ B. Physics; 12
109116
110- (ii) Has obtained 12 months of experience in an environmental
111-health specialist–in–training program approved by the Board; OR
117+ C. Biology; 13
112118
113- (2) [(i) Has graduated from an accredited college or university with a
114-baccalaureate degree that includes:
119+ D. Geographic information systems; or 14
115120
116- 1. 30 semester credit hours or the equivalent quarter credit
117-hours in the chemical, physical, biological, and environmental sciences acceptable to the
118-Board, which includes at least one laboratory course in two of the following fields:
121+ E. Soil science; and]; 15
119122
120- A. Chemistry;
123+ 2. A course in mathematics; and 16
121124
122- B. Physics;
125+ 3. LABORATORY COURSEWORK AS REQUIRED IN 17
126+REGULATIONS ADOPTED BY THE BOARD; AND 18
123127
124- C. Biology;
128+ (ii) Has obtained 12 months of experience in an environmental 19
129+health specialist–in–training program approved by the Board; OR 20
125130
126- D. Geographic information systems; or
131+ (2) [(i) Has graduated from an accredited college or university with a 21
132+baccalaureate degree that includes: 22
127133
128- E. Soil science; and
134+ 1. 30 semester credit hours or the equivalent quarter credit 23
135+hours in the chemical, physical, biological, and environmental sciences acceptable to the 24
136+Board, which includes at least one laboratory course in two of the following fields: 25
129137
130- 2. A course in mathematics; and
138+ A. Chemistry; 26
131139
132- (ii) Has obtained 24 months of experience in an environmental
133-health specialist–in–training program approved by the Board; or
140+ B. Physics; 27
134141
135- (3)] Has graduated from an accredited college or university with a master’s
136-degree in public or environmental health science that includes:
142+ C. Biology; 28
137143
138- (i) A MINIMUM OF 30 semester credit hours or 45 quarter credit
139-hours of chemical, physical, biological, or environmental sciences acceptable to the Board
140-and obtained at the baccalaureate or master’s level[, which includes at least one laboratory
141-course in two of the following fields:
144+ D. Geographic information systems; or 29 4 HOUSE BILL 273
142145
143- 1. Chemistry; Ch. 319 2023 LAWS OF MARYLAND
144146
145-– 4 –
146147
147- 2. Physics;
148+ E. Soil science; and 1
148149
149- 3. Biology;
150+ 2. A course in mathematics; and 2
150151
151- 4. Geographic information systems; or
152+ (ii) Has obtained 24 months of experience in an environmental 3
153+health specialist–in–training program approved by the Board; or 4
152154
153- 5. Soil science];
155+ (3)] Has graduated from an accredited college or university with a master’s 5
156+degree in public or environmental health science that includes: 6
154157
155- (ii) A course in mathematics; [and]
158+ (i) A MINIMUM OF 30 semester credit hours or 45 quarter credit 7
159+hours of chemical, physical, biological, or environmental sciences acceptable to the Board 8
160+and obtained at the baccalaureate or master’s level[, which includes at least one laboratory 9
161+course in two of the following fields: 10
156162
157- (iii) 3 months of internship approved by the Board if not previously
158-completed; AND
163+ 1. Chemistry; 11
159164
160- (IV) LABORATORY COURSEWORK AS REQUIRED IN
161-REGULATIONS ADOPTED BY THE BOARD.
165+ 2. Physics; 12
162166
163- (c) (1) This subsection does not alter the requirement that an applicant
164-demonstrate completion of a baccalaureate or master’s degree to qualify for examination.
167+ 3. Biology; 13
165168
166- (2) The Board may waive any of the specific course requirements for an
167-applicant to qualify for examination in subsection (b) of this section if the Board determines
168-that an applicant:
169+ 4. Geographic information systems; or 14
169170
170- (i) Has obtained an equivalent number of credit hours in a course
171-relevant to practice as an environmental health specialist; or
171+ 5. Soil science]; 15
172172
173- (ii) Has work experience that is an acceptable substitute for a course
174-required in subsection (b) of this section.
173+ (ii) A course in mathematics; [and] 16
175174
176- [(3) The Board may waive the experience requirement in subsection
177-(b)(2)(ii) of this section if the Board determines that an applicant:
175+ (iii) 3 months of internship approved by the Board if not previously 17
176+completed; AND 18
178177
179- (i) Has obtained at least 12 months of experience in an
180-environmental health specialist–in–training program; and
178+ (IV) LABORATORY COURSEWORK AS REQUIRED IN 19
179+REGULATIONS ADOPTED BY THE BOARD. 20
181180
182- (ii) Has the written support of the applicant’s employer.]
181+ (c) (1) This subsection does not alter the requirement that an applicant 21
182+demonstrate completion of a baccalaureate or master’s degree to qualify for examination. 22
183183
184- (d) The examination REQUIRED BY THE BOARD shall include a written
185-examination in the physical, biological, and environmental sciences that relates to practices
186-and principles of environmental health.
184+ (2) The Board may waive any of the specific course requirements for an 23
185+applicant to qualify for examination in subsection (b) of this section if the Board determines 24
186+that an applicant: 25
187187
188- (e) The Board shall [give]:
189- WES MOORE, Governor Ch. 319
188+ (i) Has obtained an equivalent number of credit hours in a course 26
189+relevant to practice as an environmental health specialist; or 27
190190
191-– 5 –
192- (1) ADMINISTER ADMINISTER examinations to applicants at least once a
193-year, at the times and places that the Board determines; OR
191+ (ii) Has work experience that is an acceptable substitute for a course 28
192+required in subsection (b) of this section. 29 HOUSE BILL 273 5
194193
195- (2) APPROVE AN EXAMINATIO N PROVIDER TO ADMINISTER THE
196-EXAMINATION TO APPLI CANTS AT LEAST ONCE PER YEAR, AT THE TIME AND PLAC E
197-THAT THE PROVIDER DE TERMINES.
198194
199- (f) The Board shall notify each qualified applicant of [the time]:
200195
201- (1) IF THE EXAMINATION IS ADMINISTERED BY THE BOARD, THE TIME
202-and place of examination; OR
196+ [(3) The Board may waive the experience requirement in subsection 1
197+(b)(2)(ii) of this section if the Board determines that an applicant: 2
203198
204- (2) IF THE EXAMINATION IS ADMINISTERED BY AN E XAMINATION
205-PROVIDER APPROVED UN DER SUBSECTION (E)(2) OF THIS SECTION , THE
206-REGISTRATION PROCEDU RE FOR THE EXAMINATI ON.
199+ (i) Has obtained at least 12 months of experience in an 3
200+environmental health specialist–in–training program; and 4
207201
208- (g) IF THE BOARD ADMINISTERS THE EXAMINATION , THE THE BOARD
209-SHALL:
202+ (ii) Has the written support of the applicant’s employer.] 5
210203
211- (1) [Except as otherwise provided in this subtitle, the Board shall
212-determine] DETERMINE the subjects, scope, form, and passing score for examinations
213-[given under this subtitle.]; AND
204+ (d) The examination REQUIRED BY THE BOARD shall include a written 6
205+examination in the physical, biological, and environmental sciences that relates to practices 7
206+and principles of environmental health. 8
214207
215- (2) [The Board shall use] USE professional examinations prepared by
216-recognized examination agencies.
208+ (e) The Board shall [give]: 9
217209
218- (h) [(1)] An applicant who fails an examination may retake the examination as
219-provided in the rules and regulations adopted by the Board.
210+ (1) ADMINISTER ADMINISTER examinations to applicants at least once a 10
211+year, at the times and places that the Board determines; OR 11
220212
221- [(2) An applicant for reexamination shall:
213+ (2) APPROVE AN EXAMINATIO N PROVIDER TO ADMINI STER THE 12
214+EXAMINATION TO APPLI CANTS AT LEAST ONCE PER YEAR, AT THE TIME AND PLAC E 13
215+THAT THE PROVIDER DE TERMINES. 14
222216
223- (i) Submit to the Board an application on the form the Board
224-requires; and
217+ (f) The Board shall notify each qualified applicant of [the time]: 15
225218
226- (ii) Pay to the Board a reexamination fee set by the Board.]
219+ (1) IF THE EXAMINATION IS ADMINISTERED BY THE BOARD, THE TIME 16
220+and place of examination; OR 17
227221
228- (i) The Board may waive any examination requirement under this section if the
229-Board recognizes the applicant as being outstanding in the field of environmental health.
222+ (2) IF THE EXAMINATION IS ADMINISTERED BY AN E XAMINATION 18
223+PROVIDER APPROVED UN DER SUBSECTION (E)(2) OF THIS SECTION , THE 19
224+REGISTRATION PROCEDU RE FOR THE EXAMINATI ON. 20
230225
231-21–312.
226+ (g) IF THE BOARD ADMIN ISTERS THE EXAMINATI ON, THE THE BOARD 21
227+SHALL: 22
232228
233- (a) The Board shall adopt a code of ethics designed to protect the public’s interest.
229+ (1) [Except as otherwise provided in this subtitle, the Board shall 23
230+determine] DETERMINE the subjects, scope, form, and passing score for examinations 24
231+[given under this subtitle.]; AND 25
234232
235- (b) Subject to the hearing provisions of § 21–313 of this subtitle, the Board, on the
236-affirmative vote of a majority of its full authorized membership, may deny any applicant Ch. 319 2023 LAWS OF MARYLAND
233+ (2) [The Board shall use] USE professional examinations prepared by 26
234+recognized examination agencies. 27
237235
238-– 6 –
239-licensure, reprimand any licensee, or place any individual who is licensed on probation, or
240-suspend or revoke a license, if the applicant or licensee:
236+ (h) [(1)] An applicant who fails an examination may retake the examination as 28
237+provided in the rules and regulations adopted by the Board. 29
241238
242- (1) Fraudulently or deceptively obtains or attempts to obtain a license for
243-the applicant or license holder or another;
239+ [(2) An applicant for reexamination shall: 30 6 HOUSE BILL 273
244240
245- (2) Fraudulently or deceptively uses a license;
246241
247- (3) Knowingly violates any provision of this title, or any rule or regulation
248-adopted under this title;
249242
250- (4) Commits any gross negligence, MISFEASANCE , MALFEASANCE ,
251-incompetence, or misconduct while performing the duties of an environmental health
252-specialist;
243+ (i) Submit to the Board an application on the form the Board 1
244+requires; and 2
253245
254- (5) Is convicted of or pleads guilty or nolo contendere to a felony or to a
255-crime involving moral turpitude, whether or not any appeal or other proceeding is pending
256-to have the conviction or plea set aside;
246+ (ii) Pay to the Board a reexamination fee set by the Board.] 3
257247
258- (6) Provides professional services while:
248+ (i) The Board may waive any examination requirement under this section if the 4
249+Board recognizes the applicant as being outstanding in the field of environmental health. 5
259250
260- (i) Under the influence of alcohol; or
251+21–312. 6
261252
262- (ii) Using any narcotic or controlled dangerous substance, as defined
263-in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic
264-amounts or without valid medical indication;
253+ (a) The Board shall adopt a code of ethics designed to protect the public’s interest. 7
265254
266- (7) Is disciplined by a licensing or disciplinary authority of any other state
267-or country or convicted or disciplined by a court of any state or country for an act that would
268-be grounds for disciplinary action under the Board’s disciplinary statutes;
255+ (b) Subject to the hearing provisions of § 21–313 of this subtitle, the Board, on the 8
256+affirmative vote of a majority of its full authorized membership, may deny any applicant 9
257+licensure, reprimand any licensee, or place any individual who is licensed on probation, or 10
258+suspend or revoke a license, if the applicant or licensee: 11
269259
270- (8) Willfully makes or files a false report or record while performing the
271-duties of an environmental health specialist;
260+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 12
261+the applicant or license holder or another; 13
272262
273- (9) Willfully fails to file or record any report as required by law, willfully
274-impedes or obstructs the filing or recording of the report, or induces another to fail to file
275-or record the report;
263+ (2) Fraudulently or deceptively uses a license; 14
276264
277- (10) Submits a false statement to collect a fee;
265+ (3) Knowingly violates any provision of this title, or any rule or regulation 15
266+adopted under this title; 16
278267
279- (11) Promotes the sale of land, devices, appliances, or goods provided for a
280-person in such a manner as to exploit the person for financial gain of the licensed
281-environmental health specialist;
268+ (4) Commits any gross negligence, MISFEASANCE , MALFEASANCE , 17
269+incompetence, or misconduct while performing the duties of an environmental health 18
270+specialist; 19
282271
283- (12) Willfully alters a sample, specimen, or any test procedure to cause the
284-results upon analysis to represent a false finding; WES MOORE, Governor Ch. 319
272+ (5) Is convicted of or pleads guilty or nolo contendere to a felony or to a 20
273+crime involving moral turpitude, whether or not any appeal or other proceeding is pending 21
274+to have the conviction or plea set aside; 22
285275
286-– 7 –
276+ (6) Provides professional services while: 23
287277
288- (13) Violates any rule or regulation adopted by the Board;
278+ (i) Under the influence of alcohol; or 24
289279
290- (14) Uses or promotes or causes the use of any misleading, deceiving, or
291-untruthful advertising matter, promotional literature, or testimonial;
280+ (ii) Using any narcotic or controlled dangerous substance, as defined 25
281+in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 26
282+amounts or without valid medical indication; 27
292283
293- (15) Is professionally, physically, or mentally incompetent; or
284+ (7) Is disciplined by a licensing or disciplinary authority of any other state 28
285+or country or convicted or disciplined by a court of any state or country for an act that would 29
286+be grounds for disciplinary action under the Board’s disciplinary statutes; 30
287+ HOUSE BILL 273 7
294288
295- (16) Fails to cooperate with a lawful investigation conducted by the Board.
296289
297- (c) Except as provided in subsection (d) of this section, any person, including a
298-Board employee, may make a written, specific charge of a violation under this section, if
299-the person:
290+ (8) Willfully makes or files a false report or record while performing the 1
291+duties of an environmental health specialist; 2
300292
301- (1) Swears to the charge; and
293+ (9) Willfully fails to file or record any report as required by law, willfully 3
294+impedes or obstructs the filing or recording of the report, or induces another to fail to file 4
295+or record the report; 5
302296
303- (2) Files the charge with the Board secretary.
297+ (10) Submits a false statement to collect a fee; 6
304298
305- (d) (1) If a licensed environmental health specialist knows of an action or
306-condition that might be grounds for action under subsection (b) of this section, the licensed
307-environmental health specialist shall report the action or condition to the Board.
299+ (11) Promotes the sale of land, devices, appliances, or goods provided for a 7
300+person in such a manner as to exploit the person for financial gain of the licensed 8
301+environmental health specialist; 9
308302
309- (2) An individual shall have the immunity from liability described under §
310-5–702 of the Courts Article for making a report as required by this subsection.
303+ (12) Willfully alters a sample, specimen, or any test procedure to cause the 10
304+results upon analysis to represent a false finding; 11
311305
312-21–314.
306+ (13) Violates any rule or regulation adopted by the Board; 12
313307
314- (A) Except as provided in this section for an action under § 21–312 of this subtitle,
315-any person aggrieved by a final decision of the Board in a contested case, as defined in §
316-10–202 of the State Government Article, may [take an appeal] PETITION FOR JUDICIA L
317-REVIEW as allowed [in §§ 10–222 and 10–223 of the State Government Article] BY THE
318-ADMINISTRATIVE PROCEDURE ACT.
308+ (14) Uses or promotes or causes the use of any misleading, deceiving, or 13
309+untruthful advertising matter, promotional literature, or testimonial; 14
319310
320- (B) ANY PERSON AGGRIEVED BY A FINAL DECISION O F THE BOARD UNDER
321-§ 21–312 OF THIS SUBTITLE MAY NOT APPEAL TO THE SECRETARY BUT MAY TAK E A
322-DIRECT JUDICIAL APPE AL AS PROVIDED IN TH E ADMINISTRATIVE PROCEDURE ACT.
311+ (15) Is professionally, physically, or mentally incompetent; or 15
323312
324- (C) AN ORDER OF THE BOARD MAY NOT BE STAY ED PENDING JUDICIAL
325-REVIEW.
313+ (16) Fails to cooperate with a lawful investigation conducted by the Board. 16
326314
327- (D) THE BOARD MAY APPEAL ANY DECISION THAT REVERS ES OR MODIFIES
328-ITS ORDER.
315+ (c) Except as provided in subsection (d) of this section, any person, including a 17
316+Board employee, may make a written, specific charge of a violation under this section, if 18
317+the person: 19
329318
330- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
331-October July 1, 2023.
332- Ch. 319 2023 LAWS OF MARYLAND
319+ (1) Swears to the charge; and 20
333320
334-– 8 –
335-Approved by the Governor, May 3, 2023.
321+ (2) Files the charge with the Board secretary. 21
322+
323+ (d) (1) If a licensed environmental health specialist knows of an action or 22
324+condition that might be grounds for action under subsection (b) of this section, the licensed 23
325+environmental health specialist shall report the action or condition to the Board. 24
326+
327+ (2) An individual shall have the immunity from liability described under § 25
328+5–702 of the Courts Article for making a report as required by this subsection. 26
329+
330+21–314. 27
331+
332+ (A) Except as provided in this section for an action under § 21–312 of this subtitle, 28
333+any person aggrieved by a final decision of the Board in a contested case, as defined in § 29
334+10–202 of the State Government Article, may [take an appeal] PETITION FOR JUDICIA L 30
335+REVIEW as allowed [in §§ 10–222 and 10–223 of the State Government Article] BY THE 31
336+ADMINISTRATIVE PROCEDURE ACT. 32 8 HOUSE BILL 273
337+
338+
339+
340+ (B) ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD UNDER 1
341+§ 21–312 OF THIS SUBTITLE MAY NOT APPEAL TO THE SECRETARY BUT MAY TAK E A 2
342+DIRECT JUDICIAL APPEAL A S PROVIDED IN THE ADMINISTRATIVE PROCEDURE ACT. 3
343+
344+ (C) AN ORDER OF THE BOARD MAY NOT BE STAY ED PENDING JUDICIAL 4
345+REVIEW. 5
346+
347+ (D) THE BOARD MAY APPEAL ANY DECISION THAT REVERS ES OR MODIFIES 6
348+ITS ORDER. 7
349+
350+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
351+October July 1, 2023. 9
352+
353+
354+
355+
356+Approved:
357+________________________________________________________________________________
358+ Governor.
359+________________________________________________________________________________
360+ Speaker of the House of Delegates.
361+________________________________________________________________________________
362+ President of the Senate.