EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0977*
HOUSE BILL 977
J1, P1 3lr1168
By: Delegate Reznik
Introduced and read first time: February 10, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health – Office of the Chief Medical Examiner 2
FOR the purpose of establishing the Office of the Chief Medical Examiner in the Maryland 3
Department of Health to advance forensic science and carry out other duties as 4
provided by law; renaming the State Postmortem Examiners Commission to be the 5
Postmortem Examiners Advisory Committee; establishing the duties of the 6
Committee; requiring and authorizing the Department and the Office to perform 7
certain duties and powers previously performed by the Commission; altering the type 8
and number of certain medical doctors the Office is required to employ; authorizing 9
the Department to contract with a physician for employment with the Office on a per 10
diem basis; altering the time period within which certain assistant medical 11
examiners must obtain a certain certification; requiring the Secretary of Health to 12
consult with the Committee on matters related to the employment of the Chief 13
Medical Examiner; prohibiting the Department and the Committee from interfering 14
with certain clinical findings and conclusions by the Office; prohibiting the reduction 15
of the allowance of certain individuals who are receiving a service retirement 16
allowance or vested allowance from the State Retirement and Pension System and 17
are reemployed on a contractual basis by the Department as health care 18
practitioners in the Office; and generally relating to the Office of the Chief Medical 19
Examiner. 20
BY repealing and reenacting, with amendments, 21
Article – Health – General 22
Section 2–106, 5–301 through 5–307, and 5–309 through 5–312 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2022 Supplement) 25
BY repealing 26
Article – Health – General 27
Section 5–308 28
Annotated Code of Maryland 29 2 HOUSE BILL 977
(2019 Replacement Volume and 2022 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – State Personnel and Pensions 3
Section 23–407(a), (b), and (c)(1)(iii), (2), and (3) 4
Annotated Code of Maryland 5
(2015 Replacement Volume and 2022 Supplement) 6
BY repealing and reenacting, with amendments, 7
Article – State Personnel and Pensions 8
Section 23–407(c)(4)(vi) 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
2–106. 15
(a) The following units are in the Department: 16
(1) Anatomy Board. 17
(2) Behavioral Health Administration. 18
(3) Developmental Disabilities Administration. 19
(4) Health Services Cost Review Commission. 20
(5) Maryland Psychiatric Research Center. 21
(6) [Postmortem Examiners Commission ] OFFICE OF THE CHIEF 22
MEDICAL EXAMINER. 23
(7) Board of Examiners for Audiologists, HEARING AID DISPENSERS, 24
SPEECH–LANGUAGE PATHOLOGISTS , AND MUSIC THERAPISTS. 25
(8) Board of Chiropractic Examiners. 26
(9) Board of Dental Examiners. 27
(10) Board of Dietetic Practice. 28
(11) Board of Electrologists. 29
HOUSE BILL 977 3
(12) Board of Morticians AND FUNERAL DIRECTORS. 1
(13) Board of Nursing. 2
(14) Board of Examiners of [Nursing Home] LONG–TERM CARE 3
Administrators. 4
(15) Board of Occupational Therapy Practice. 5
(16) Board of Examiners in Optometry. 6
(17) Board of Pharmacy. 7
(18) Board of Physical Therapy Examiners. 8
(19) Board of Physicians. 9
(20) Board of [Podiatry] PODIATRIC MEDICAL Examiners. 10
(21) Board of Professional Counselors and Therapists. 11
(22) Board of Examiners of Psychologists. 12
(23) Board of Social Work Examiners. 13
(24) ACUPUNCTURE Board [of Examiners for Speech –Language 14
Pathologists]. 15
(25) BOARD OF MASSAGE THERAPY EXAMINERS. 16
(26) BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE 17
PROGRAM PROFESSIONALS . 18
(27) BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS. 19
(b) The Department also includes every other unit that is in the Department 20
under any other law. 21
(c) The Secretary has the authority and powers specifically granted to the 22
Secretary by law over the units in the Department. All authority and powers not so granted 23
to the Secretary are reserved to those units free of the control of the Secretary. 24
5–301. 25
(a) In this subtitle the following words have the meanings indicated. 26
4 HOUSE BILL 977
(b) [“Commission”] “COMMITTEE” means the [State] Postmortem Examiners 1
[Commission] ADVISORY COMMITTEE. 2
(c) “Medical examiner’s case” means a death that a medical examiner is required 3
by law to investigate. 4
(D) “OFFICE” MEANS THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 5
5–302. 6
(A) There is [a State Postmortem Examiners Commission] AN OFFICE OF THE 7
CHIEF MEDICAL EXAMINER in the Department. 8
(B) THE OFFICE SHALL: 9
(1) AS ALLOWED BY STAFFING , ADVANCE FORENSIC SCIE NCE 10
THROUGH MEDICAL EDUC ATION AND RESEARCH ; AND 11
(2) CARRY OUT ANY OTHER DUT Y ESTABLISHED IN LAW . 12
5–303. 13
(a) THERE IS A POSTMORTEM EXAMINERS ADVISORY COMMITTEE. 14
(B) The [Commission] COMMITTEE consists of the following [5] members: 15
(1) The Baltimore City Commissioner of Health; 16
(2) The head of the Pathology Department of the University of Maryland 17
School of Medicine; 18
(3) The head of the Pathology Department of Johns Hopkins University 19
School of Medicine; 20
(4) The Secretary of State Police; [and] 21
(5) A representative of the Department, chosen by the Secretary; AND 22
(6) ANY OTHER INDIVIDUAL APPOINTED BY THE SECRETARY, IN 23
CONSULTATION WITH TH E OFFICE. 24
[(b)] (C) [(1)] From among [its] THE COMMITTEE members, the 25
[Commission] SECRETARY shall [elect a chairman and a vice chairman] APPOINT A 26
CHAIR. 27
HOUSE BILL 977 5
[(2) The manner of election of officers and their terms of office shall be as 1
the Commission determines. 2
(3) The vice chairman shall act as chairman when the chairman is absent 3
or cannot act.] 4
(D) THE COMMITTEE SHALL ADVIS E THE SECRETARY AND THE OFFICE ON: 5
(1) THE IMPLEMENTATION OF TH IS SUBTITLE; AND 6
(2) CARRYING OUT THE OFFICE’S DUTIES. 7
5–304. 8
(a) The [Commission] COMMITTEE shall determine the times and places of its 9
meetings. 10
(b) A member of the [Commission] COMMITTEE may not receive compensation 11
FOR PERFORMING COMMITTEE DUTIES. 12
5–305. 13
(a) (1) The [Commission] DEPARTMENT may employ a staff in accordance 14
with the State budget for the operation of the [Commission] OFFICE and to maintain 15
accreditation. 16
(2) The staff shall include: 17
(i) 1 chief medical examiner; 18
(ii) 2 deputy chief medical examiners; 19
(iii) Assistant medical examiners; 20
(iv) 1 chief State toxicologist, 1 deputy chief State toxicologist, lead 21
toxicologists, and assistant toxicologists; 22
(v) 1 serologist; 23
(vi) [4 resident] IN ACCORDANCE WITH TH E NUMBER OF 24
POSITIONS APPROVED B Y THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL 25
EDUCATION, FELLOW medical doctors who are training in forensic pathology; 26
(vii) 1 chief forensic investigator, 2 deputy chief forensic 27
investigators, lead forensic investigators, and assistant forensic investigators; and 28
6 HOUSE BILL 977
(viii) 1 autopsy services supervisor, 1 deputy supervisor, lead autopsy 1
technicians, and assistant autopsy technicians. 2
(3) [The Commission] NOTWITHSTANDING ANY O THER PROVISION OF 3
LAW, THE DEPARTMENT may employ any physician on a contract basis for part–time 4
services OR PER DIEM SERVICES . 5
(4) The Department shall ensure that the number of staff employed by the 6
Commission does not fall to a level that would constitute a Phase II violation according to 7
the National Association of Medical Examiners. 8
(b) (1) The Chief Medical Examiner and deputy chief medical examiners shall 9
be board certified in anatomic and forensic pathology by the American Board of Pathology. 10
(2) Assistant medical examiners appointed on or after October 1, 2008, 11
shall be certified by the American Board of Pathology in anatomic and forensic pathology 12
or obtain that certification within [3 years of appointment] THE ASSISTAN T MEDICAL 13
EXAMINER’S PERIOD OF BOARD ELIGIBILI TY PROVIDED BY THE AMERICAN BOARD 14
OF PATHOLOGY. 15
(3) THE SECRETARY SHALL CONSU LT WITH THE COMMITTEE 16
REGARDING MATTERS RELATED TO THE EMPLOYMENT OF TH E CHIEF MEDICAL 17
EXAMINER. 18
(c) With the approval of the Secretary of Budget and Mana gement, the 19
[Commission] DEPARTMENT shall set the compensation for personnel appointed under 20
subsection (a)(2) of this section. 21
(d) [For the use of these medical examiners, the Commission] THE OFFICE shall 22
see that proper equipment is provided FOR THE MEDICAL EXAM INERS. 23
(e) The Chief Medical Examiner, a deputy chief medical examiner, or an assistant 24
medical examiner shall be on call at all times to perform the duties set forth in this subtitle. 25
(f) The State budget shall include an appropriation to carry out this subtitle, 26
including provisions for: 27
(1) The fee for an authorized pathologist; 28
(2) The necessary expenses for transportation of a body for examination by 29
a medical examiner or for autopsy; and 30
(3) In the case of a victim of homicide, the necessary expenses for 31
transportation of the body from the site of the autopsy or examination to a location within 32
the State specified by the victim’s family. 33
HOUSE BILL 977 7
5–306. 1
(a) This section does not apply to Baltimore City. 2
(b) (1) [The Commission] SUBJECT TO PARAGRAPH (2) OF THIS 3
SUBSECTION, THE OFFICE may appoint one or more deputy medical examiners and 4
forensic investigators for each county. 5
(2) (I) The [Commission] OFFICE shall appoint a deputy medical 6
examiner for a county from a list of qualified individuals submitted to the [Commission] 7
OFFICE by the medical society of the county. 8
(II) The number of names on the list shall be at least twice the 9
number of vacancies. [However, if] 10
(III) IF a county does not have a medical society or if the medical 11
society does not submit a list of names, the [Commission] OFFICE may appoint a deputy 12
medical examiner for the county without a list. 13
(c) Each deputy medical examiner appointed under subsection (b) of this section 14
shall be a physician. 15
(d) If necessary, a deputy medical examiner may deputize another physician in 16
the county to act as deputy medical examiner. 17
(e) Each deputy medical examiner is entitled: 18
(1) For each medical examiner’s case that the examiner investigates, to a 19
fee that is set in accordance with the State budget; 20
(2) If the examiner is called as a witness before a grand jury or in a criminal 21
case, to the fee that the court sets; and 22
(3) To any additional compensation that a county provides. 23
5–307. 24
The [Commission] DEPARTMENT , IN CONSULTATION WITH THE COMMITTEE, 25
may adopt rules and regulations to carry out the provisions of this subtitle. 26
[5–308. 27
(a) The power of the Secretary over plans, proposals, and projects of units in the 28
Department does not include the power to disapprove or modify any decision or 29
determination that the Commission makes under authority specifically delegated by law to 30
the Commission. 31 8 HOUSE BILL 977
(b) The power of the Secretary to transfer by rule, regulation, or written directive, 1
any staff, functions, or funds of units in the Department does not apply to any staff, 2
function, or funds of the Commission.] 3
[5–309.] 5–308. 4
(a) (1) A medical examiner shall investigate the death of a human being if the 5
death occurs: 6
(i) By violence; 7
(ii) By suicide; 8
(iii) By casualty; 9
(iv) Suddenly, if the deceased was in apparent good health or 10
unattended by a physician; or 11
(v) In any suspicious or unusual manner. 12
(2) A medical examiner shall investigate the death of a human fetus if: 13
(i) Regardless of the duration of the pregnancy, the death occurs 14
before the complete expulsion or extraction of the fetus from the mother; and 15
(ii) The mother is not attended by a physician at or after the delivery. 16
(b) If a medical examiner’s case occurs, the police or sheriff immediately shall 17
notify the medical examiner and State’s Attorney for the county where the body is found 18
and give the known facts concerning the time, place, manner, and circumstances of the 19
death. 20
(c) Immediately on notification that a medical examiner’s case has occurred, the 21
medical examiner or an investigator of the medical examiner shall go to and take charge of 22
the body. The medical examiner or the investigator shall investigate fully the essential facts 23
concerning the medical cause of death and, before leaving the premises, reduce these facts 24
and the names and addresses of witnesses to writing, which shall be filed in the medical 25
examiner’s office. 26
(d) The medical examiner or the investigator shall take possession of and deliver 27
to the State’s Attorney or the State’s Attorney’s designee any object or article that, in the 28
opinion of the medical examiner or the investigator, may be useful in establishing the cause 29
of death. 30
HOUSE BILL 977 9
(e) (1) If the next of kin of the deceased is not present at the investigation, the 1
police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the 2
medical examiner or the investigator shall: 3
(i) Take possession of all property of value found on the body; 4
(ii) In the report of the death, make an exact inventory of the 5
property; and 6
(iii) Deliver the property to the appropriate sheriff or police 7
department. 8
(2) The sheriff or police department shall surrender the property to the 9
person who is entitled to its possession or custody. 10
(f) (1) If the case involves the unexpected death of a child, the medical 11
examiner shall notify the chairperson of the local child fatality review team for the county 12
in which the child resided. 13
(2) If the case involves the death of a child and the death is believed to be 14
caused by abuse or neglect, or there is evidence suggesting that the child was a victim of 15
abuse or neglect, the Office of the Chief Medical Examiner shall orally report the findings 16
and deliver a copy of the child’s final autopsy report to the local department of social 17
services and the local law enforcement agency of the county in which the child last resided 18
in accordance with § 5–704 of the Family Law Article. 19
[5–310.] 5–309. 20
(a) If the cause of death is established to a reasonable degree of medical certainty, 21
the medical examiner who investigates the case shall file in the medical examiner’s office 22
a report on the cause of death within 30 days after notification of the case. 23
(b) (1) If the medical examiner who investigates a medical examiner’s case 24
considers an autopsy necessary, the Chief Medical Examiner, a deputy chief medical 25
examiner, an assistant medical examiner, or a pathologist authorized by the Chief Medical 26
Examiner shall perform the autopsy. 27
(2) If the family of the deceased objects to an autopsy on religious grounds, 28
the autopsy may not be performed unless authorized by the Chief Medical Examiner or by 29
the Chief Medical Examiner’s designee. 30
(3) (i) In accordance with normal standards of medical practice, the 31
medical examiner performing the autopsy may retain any medical evidence, tissue, or organ 32
needed to carry out the duties of this subtitle. 33
10 HOUSE BILL 977
(ii) The medical examiner shall dispose of any medical evidence, 1
tissue, or organ under subparagraph (i) of this paragraph in accordance with normal 2
standards of medical practice. 3
(c) (1) A medical examiner shall conduct an autopsy of any fire fighter and any 4
sworn personnel of the State Fire Marshal’s Office who dies in the line of duty or as a result 5
of injuries sustained in the line of duty. 6
(2) The autopsy shall include: 7
(i) A toxicological analysis for toxic fumes; 8
(ii) Gross and microscopic studies of heart, lung, and any other 9
tissue involved; 10
(iii) Appropriate studies of blood and urine; and 11
(iv) Appropriate studies of body fluids and body tissues. 12
(3) If the medical examiner determines toxic fumes were the cause of death, 13
the medical examiner shall: 14
(i) Investigate to the extent possible the source of the fumes; and 15
(ii) Prepare a written report on the specific effects of the fumes on 16
human tissue. 17
(4) The autopsy and analysis shall be sufficient to determine eligibility for 18
benefits under the federal Public Safety Officers’ Benefits Act of 1976. 19
(d) (1) (i) The individual who performs the autopsy shall prepare detailed 20
written findings during the progress of the autopsy. 21
(ii) The findings prepared under subparagraph (i) of this paragraph 22
and the conclusions drawn from them shall be filed in the office of the medical examiner for 23
the county where the death occurred. 24
(iii) The original copy of the findings and conclusions shall be filed in 25
the [office of the Chief Medical Examiner] OFFICE. 26
(IV) THE DEPARTMENT AND THE COMMITTEE MAY NOT 27
INTERFERE WITH THE C LINICAL FINDINGS OR CONCLUSIONS PREPARED UNDER 28
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH . 29
(2) (i) Except in a case of a finding of homicide, a person in interest as 30
defined in § 4–101(e) of the General Provisions Article may request the medical examiner 31
to correct findings and conclusions on the cause and manner of death recorded on a 32 HOUSE BILL 977 11
certificate of death under § 4–502 of the General Provisions Article within 60 days after the 1
medical examiner files those findings and conclusions. 2
(ii) 1. If the Chief Medical Examiner denies the request of a 3
person in interest to correct findings and conclusions on the cause and manner of death, 4
the person in interest may appeal the denial to the Secretary, who shall refer the matter to 5
the Office of Administrative Hearings. 6
2. A contested case hearing under this subparagraph shall be 7
a hearing both on the denial and on the establishment of the findings and conclusions on 8
the cause and manner of death. 9
(iii) The administrative law judge shall submit findings of fact to the 10
Secretary. 11
(iv) After reviewing the findings of the administrative law judge, the 12
Secretary, or the Secretary’s designee, shall issue an order to: 13
1. Adopt the findings of the administrative law judge; or 14
2. Reject the findings of the administrative law judge, and 15
affirm the findings of the medical examiner. 16
(v) The appellant may appeal a rejection under subparagraph (iv)2 17
of this paragraph to a circuit court of competent jurisdiction. 18
(vi) If the final decision of the Secretary, or of the Secretary’s 19
designee, or of a court of competent jurisdiction on appeal, establishes a different finding 20
or conclusion on the cause or manner of death of a deceased than that recorded on the 21
certificate of death, the medical examiner shall amend the certificate to reflect the different 22
finding or conclusion under §§ 4–212 and 4–214 of this article and § 4–502 of the General 23
Provisions Article. 24
(vii) The final decision of the Secretary, or the Secretary’s designee, 25
or of a court under this paragraph may not give rise to any presumption concerning the 26
application of any provision of or the resolution of any claim concerning a policy of insurance 27
relating to the deceased. 28
(viii) If the findings of the medical examiner are upheld by the 29
Secretary, the appellant is responsible for the costs of the contested case hearing. 30
Otherwise, the Department is responsible for the costs of the hearing. 31
(e) The Chief Medical Examiner shall set a reasonable fee for performing an 32
autopsy by an authorized pathologist. 33
[5–311.] 5–310. 34
12 HOUSE BILL 977
(a) (1) The Office of the Chief Medical Examiner shall keep complete records 1
on each medical examiner’s case. 2
(2) The records shall be indexed properly and include: 3
(i) The name, if known, of the deceased; 4
(ii) The place where the body was found; 5
(iii) The date, cause, and manner of death; and 6
(iv) All other available information about the death. 7
(b) The original report of the medical examiner who investigates a medical 8
examiner’s case and the findings and conclusions of any autopsy shall be attached to the 9
record of the medical examiner’s case. 10
(c) The Chief Medical Examiner or, if the Chief Medical Examiner is absent or 11
cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each 12
deputy medical examiner promptly shall deliver to the State’s Attorney for the county 13
where the body was found a copy of each record that relates to a death for which the medical 14
examiner considers further investigation advisable. A State’s Attorney may obtain from the 15
office of a medical examiner a copy of any record or other information that the State’s 16
Attorney considers necessary. 17
(d) (1) In this subsection, “record”: 18
(i) Means the result of an external examination of or an autopsy on 19
a body; and 20
(ii) Does not include a statement of a witness or other individual. 21
(2) A record of the Office of the Chief Medical Examiner or any deputy 22
medical examiner, if made by the medical examiner or by anyone under the medical 23
examiner’s direct supervision or control, or a certified transcript of that record, is competent 24
evidence in any court in this State of the matters and facts contained in it. 25
(e) (1) The Office of the Chief Medical Examiner shall charge a reasonable fee 26
for reports as specified in a schedule of fees defined in the regulations of the Office of the 27
Chief Medical Examiner. 28
(2) A deputy medical examiner may keep any fee collected by the deputy 29
medical examiner. 30
[5–312.] 5–311. 31
HOUSE BILL 977 13
Subject to the limitations in [§ 5–311(c)] § 5–310(C) of this subtitle, a medical 1
examiner may administer oaths, take affidavits, and make examinations as to any matter 2
within the medical examiner’s jurisdiction. 3
Article – State Personnel and Pensions 4
23–407. 5
(a) In this section, “area of critical shortage” means an academic field identified 6
by the State Department of Education in accordance with the provisions of § 18–703(g)(1) 7
of the Education Article as having projected employment vacancies that substantially 8
exceed projected qualified graduates. 9
(b) Except as provided in subsection (d) of this section, an individual who is 10
receiving a service retirement allowance or a vested allowance may accept employment 11
with a participating employer on a permanent, temporary, or contractual basis, if: 12
(1) the individual immediately notifies the Board of Trustees of the 13
individual’s intention to accept this employment; and 14
(2) the individual specifies the compensation to be received. 15
(c) (1) Except as provided in § 23–408 of this subtitle, the Board of Trustees 16
shall reduce the allowance of an individual who accepts employment as provided under 17
subsection (b) of this section if: 18
(iii) the individual becomes reemployed within 12 months of 19
receiving an early service retirement allowance or an early vested allowance computed 20
under § 23–402 of this subtitle. 21
(2) (i) Except as provided in subparagraph (ii) of this paragraph and 22
subject to subparagraphs (iii) and (iv) of this paragraph, the reduction required under 23
paragraph (1) of this subsection shall equal: 24
1. the amount by which the sum of the individual’s initial 25
annual basic allowance and the individual’s annual compensation exceeds the average final 26
compensation used to compute the basic allowance; or 27
2. for a retiree who retired under the Workforce Reduction 28
Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree’s annual 29
compensation and the retiree’s annual basic allowance at the time of retirement, including 30
the incentive provided by the Workforce Reduction Act, exceeds the average final 31
compensation used to compute the basic allowance. 32
(ii) 1. This subparagraph applies to a retiree of the Teachers’ 33
Pension System who as faculty receiving a 10–month salary, retired directly from: 34
14 HOUSE BILL 977
A. the University System of Maryland; 1
B. Morgan State University; 2
C. St. Mary’s College; or 3
D. a community college established or operating under Title 4
16 of the Education Article. 5
2. The reduction required under paragraph (1) of this 6
subsection shall equal the amount by which the sum of the retiree’s initial annual basic 7
allowance and the retiree’s annual compensation, as calculated in subsubparagraph 3 of 8
this subparagraph, exceeds the average final compensation of the retiree used to compute 9
the basic allowance. 10
3. The calculation of the retiree’s annual compensation in 11
subsubparagraph 2 of this subparagraph does not include any of the following earnings the 12
retiree received during the previous calendar year from the employer with whom the retiree 13
is reemployed: 14
A. bonuses; 15
B. overtime; 16
C. summer school salaries; 17
D. adult education salary; 18
E. additional temporary payments from special research 19
projects; 20
F. honorariums; and 21
G. vehicle stipends. 22
(iii) Any reduction taken under this subsection may not reduce the 23
retiree’s allowance to an amount less than the required deduction for: 24
1. if the retiree retired from any unit of State government, 25
the retiree’s monthly State–approved medical insurance premiums; or 26
2. if the retiree retired from a participating employer other 27
than the State, the approved monthly medical insurance premiums required by the 28
participating employer that employed the retiree at the time of the retiree’s retirement. 29
HOUSE BILL 977 15
(iv) The Board of Trustees shall recover from the retiree any 1
difference between the reduction required under subparagraph (i) of this paragraph and 2
the reduction taken under subparagraph (iii) of this paragraph. 3
(3) A reduction of an early service retirement allowance or an early vested 4
allowance under paragraph (1)(iii) of this subsection shall be applied only until the 5
individual has received an allowance for 12 months. 6
(4) Except for an individual whose allowance is subject to a reduction as 7
provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance 8
under this subsection does not apply to: 9
(vi) a retiree of the Employees’ Pension System who is reemployed on 10
a contractual basis by the Maryland Department of Health as a health care practitioner, as 11
defined in § 1–301 of the Health Occupations Article in: 12
1. a State residential center as defined in § 7–101 of the 13
Health – General Article; 14
2. a chronic disease center subject to Title 19, Subtitle 5 of 15
the Health – General Article; 16
3. a State facility as defined in § 10–101 of the Health – 17
General Article; [or] 18
4. a local health department subject to Title 3, Subtitle 2 of 19
the Health – General Article; OR 20
5. THE OFFICE OF THE CHIEF MEDICAL EXAMINER; 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2023. 23