Maryland 2024 Regular Session

Maryland House Bill HB1293 Compare Versions

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1- WES MOORE, Governor Ch. 813
21
3-– 1 –
4-Chapter 813
5-(House Bill 1293)
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+ *hb1293*
89
9-Maryland Department of Health – Public Education Campaign on Prostate,
10-Lung, and Breast Cancer Prevention
10+HOUSE BILL 1293
11+J1 4lr3367
12+ CF SB 938
13+By: Delegate Woods Delegates Woods, Pena–Melnyk, Cullison, Alston, Bagnall,
14+Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
15+Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Rosenberg, Szeliga,
16+Taveras, and White Holland
17+Introduced and read first time: February 9, 2024
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: March 4, 2024
1122
12-FOR the purpose of requiring the Maryland Department of Health to develop and
13-implement a public education campaign on prostate, lung, and breast cancer
14-prevention that targets communities disproportionately impacted by prostate, lung,
15-and breast cancer; and generally relating to the public education campaign on
16-prostate, lung, and breast cancer prevention.
23+CHAPTER ______
1724
18-BY adding to
19- Article – Health – General
20-Section 13–11A–01 to be under the new subtitle “Subtitle 11A. Public Education
21-Campaign on Prostate, Lung, and Breast Cancer Prevention”
22- Annotated Code of Maryland
23- (2023 Replacement Volume)
25+AN ACT concerning 1
2426
25-BY repealing and reenacting, without amendments,
26- Article – State Finance and Procurement
27-Section 7–317(a)
28- Annotated Code of Maryland
29- (2021 Replacement Volume and 2023 Supplement)
27+Maryland Department of Health – Public Education Campaign on Prostate, 2
28+Lung, and Breast Cancer Prevention 3
3029
31-BY repealing and reenacting, with amendments,
32- Article – State Finance and Procurement
33-Section 7–317(f) and (g)(3)
34- Annotated Code of Maryland
35- (2021 Replacement Volume and 2023 Supplement)
30+FOR the purpose of requiring the Maryland Department of Health to develop and 4
31+implement a public education campaign on prostate, lung, and breast cancer 5
32+prevention that targets communities disproportionately impacted by prostate, lung, 6
33+and breast cancer; and generally relating to the public education campaign on 7
34+prostate, lung, and breast cancer prevention. 8
3635
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
36+BY adding to 9
37+ Article – Health – General 10
38+Section 13–11A–01 to be under the new subtitle “Subtitle 11A. Public Education 11
39+Campaign on Prostate, Lung, and Breast Cancer Prevention” 12
40+ Annotated Code of Maryland 13
41+ (2023 Replacement Volume) 14
3942
40-Article – Health – General
43+BY repealing and reenacting, without amendments, 15
44+ Article – State Finance and Procurement 16
45+Section 7–317(a) 17
46+ Annotated Code of Maryland 18
47+ (2021 Replacement Volume and 2023 Supplement) 19
48+ 2 HOUSE BILL 1293
4149
42-SUBTITLE 11A. PUBLIC EDUCATION CAMPAIGN ON PROSTATE, LUNG, AND
43-BREAST CANCER PREVENTION.
4450
45-13–11A–01.
51+BY repealing and reenacting, with amendments, 1
52+ Article – State Finance and Procurement 2
53+Section 7–317(f) and (g)(3) 3
54+ Annotated Code of Maryland 4
55+ (2021 Replacement Volume and 2023 Supplement) 5
4656
47- (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A 3–YEAR PUBLIC
48-EDUCATION CAMPAIGN O N PROSTATE, LUNG, AND BREAST CANCER PR EVENTION Ch. 813 2024 LAWS OF MARYLAND
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
4959
50-– 2 –
51-THAT TARGETS COMMUNI TIES DISPROPORTIONAT ELY IMPACTED BY PROS TATE,
52-LUNG, AND BREAST CANCER .
60+Article – Health – General 8
5361
54- (B) IN DEVELOPING THE PUB LIC EDUCATIO N CAMPAIGN , THE
55-DEPARTMENT SHALL WORK WITH:
62+SUBTITLE 11A. PUBLIC EDUCATION CAMPAIGN ON PROSTATE, LUNG, AND 9
63+BREAST CANCER PREVENTION. 10
5664
57- (1) HEALTH CARE PROVIDERS , INCLUDING LICENSED P HYSICIANS,
58-WHO TREAT INDIVIDUAL S IMPACTED BY PROSTA TE, LUNG, AND BREAST CANCER ;
65+13–11A–01. 11
5966
60- (2) HOSPITALS; AND
67+ (A) THE DEPARTMENT SHALL DEVE LOP AND IMPLEMENT A 3–YEAR PUBLIC 12
68+EDUCATION CAMPAIGN O N PROSTATE, LUNG, AND BREAST CANCER PR EVENTION 13
69+THAT TARGETS COMMUNI TIES DISPROPORTIONAT ELY IMPACTED BY PROS TATE, 14
70+LUNG, AND BREAST CANCER . 15
6171
62- (3) HEALTH CARE ASSOCIATI ONS THAT FOCUS ON PR OSTATE, LUNG,
63-AND BREAST CANCER .
72+ (B) IN DEVELOPING THE PUB LIC EDUCATION CAMPAI GN, THE 16
73+DEPARTMENT SHALL WORK WITH: 17
6474
65- (C) THE PUBLIC EDUCATION CAMPAIGN SHALL :
75+ (1) HEALTH CARE PROVIDERS , INCLUDING LICENSED P HYSICIANS, 18
76+WHO TREAT INDIVIDUAL S IMPACTED BY PROSTA TE, LUNG, AND BREAST CANCER ; 19
6677
67- (1) PROVIDE EDUCATIONAL I NFORMATION ON PROSTA TE, LUNG, AND
68-BREAST CANCER , INCLUDING INFORMATIO N REGARDING :
78+ (2) HOSPITALS; AND 20
6979
70- (I) THE RISKS AND WARNING SIGNS OF PROSTATE , LUNG, AND
71-BREAST CANCER ; AND
80+ (3) HEALTH CARE ASSOCIATI ONS THAT FOCUS ON PR OSTATE, LUNG, 21
81+AND BREAST CANCER . 22
7282
73- (II) GUIDELINES AND BEST P RACTICES TO PREVENT PROSTATE,
74-LUNG, AND BREAST CANCER ;
83+ (C) THE PUBLIC EDUCATION CAMPAIGN SHALL : 23
7584
76- (2) PROMOTE:
85+ (1) PROVIDE EDUCATIONAL I NFORMATION ON PROSTA TE, LUNG, AND 24
86+BREAST CANCER , INCLUDING INFORMATIO N REGARDING : 25
7787
78- (I) PARTICIPATION IN CLIN ICAL TRIALS AND STUD IES FOR
79-PROSTATE, LUNG, AND BREAST CANCER ; AND
88+ (I) THE RISKS AND WARNING SIGNS OF PROSTATE , LUNG, AND 26
89+BREAST CANCER ; AND 27
8090
81- (II) SCREENINGS SCREENINGS FOR PROSTATE , LUNG, AND
82-BREAST CANCER; AND
91+ (II) GUIDELINES AND BEST P RACTICES TO PREVENT PROSTATE, 28
92+LUNG, AND BREAST CANCER ; 29
8393
84- (3) PROVIDE INFORMATION O N LEGISLATION THAT R EDUCES COST
85-BARRIERS TO PREVENTI ON SERVICES FOR PROS TATE, LUNG, AND BREAST CANCER .
94+ (2) PROMOTE: 30
95+ HOUSE BILL 1293 3
8696
87- (D) TO IMPLEMENT THE PUBL IC EDUCATION CAMPAIG N, THE DEPARTMENT
88-SHALL:
8997
90- (1) USE COMMUNICATIONS TO OLS AND MESSAGING;
98+ (I) PARTICIPATION IN CLIN ICAL TRIALS AND STUD IES FOR 1
99+PROSTATE, LUNG, AND BREAST CANCER ; AND 2
91100
92- (2) POST ALL MATERIALS ON THE DEPARTMENT ’S WEBSITE IN A
93-CONSPICUOUS MANNER A ND AN ACCESSIBLE FOR MAT; AND
94- WES MOORE, Governor Ch. 813
101+ (II) SCREENINGS SCREENINGS FOR PROSTATE , LUNG, AND 3
102+BREAST CANCER ; AND 4
95103
96-– 3 –
97- (3) DEVELOP PARTNERSHIPS WITH HEALTH AGENCIES , NONPROFIT
98-ORGANIZATIONS , AND PRIVATE ENTITIES THAT WORK WITH COMMU NITIES
99-DISPROPORTIONA TELY IMPACTED BY PRO STATE, LUNG, AND BREAST CANCER .
104+ (3) PROVIDE INFORMATION O N LEGISLATION THAT R EDUCES COST 5
105+BARRIERS TO PREVENTI ON SERVICES FOR PROS TATE, LUNG, AND BREAST CANCER . 6
100106
101- (E) THE DEPARTMENT SHALL :
107+ (D) TO IMPLEMENT THE PUBL IC EDUCATION CAMPAIG N, THE DEPARTMENT 7
108+SHALL: 8
102109
103- (1) DEVELOP THE PUBLIC ED UCATION CAMPAIGN ON OR BEFORE
104-DECEMBER 1, 2025 2026;
110+ (1) USE COMMUNICATIONS TO OLS AND MESSAGING ; 9
105111
106- (2) PROVIDE 30 DAYS FOR FEEDBACK AN D COMMENTS FROM THE
107-PUBLIC ON THE PUBLIC EDUCATION CAMPAI GN;
112+ (2) POST ALL MATERIALS ON THE DEPARTMENT ’S WEBSITE IN A 10
113+CONSPICUOUS MANNER A ND AN ACCESSIBLE FOR MAT; AND 11
108114
109- (3) (2) IMPLEMENT THE PUBLIC EDUCATION CAMPAIGN O N OR
110-BEFORE JANUARY 1, 2026 2027; AND
115+ (3) DEVELOP PARTNERSHIPS WITH HEALTH AGENCIES , NONPROFIT 12
116+ORGANIZATIONS , AND PRIVATE ENTITIES THAT WORK WITH COMMU NITIES 13
117+DISPROPORTIONATELY I MPACTED BY PROSTATE , LUNG, AND BREAST CANCER . 14
111118
112- (4) (3) SET MEASURABLE GOALS FOR THE PUBLIC EDUCA TION
113-CAMPAIGN.
119+ (E) THE DEPARTME NT SHALL: 15
114120
115- (F) ON OR BEFORE JANUARY 1, 2027, 2028, AND 2029, THE DEPARTMENT
116-SHALL SUBMIT A REPOR T ON THE STATUS OF MEETIN G ITS GOALS ESTABLIS HED
117-UNDER SUBSECTION (E)(4) OF THIS SECTION TO T HE GENERAL ASSEMBLY, IN
118-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
121+ (1) DEVELOP THE PUBLIC ED UCATION CAMPAIGN ON OR BEFORE 16
122+DECEMBER 1, 2025 2026; 17
119123
120- (G) (F) (1) FOR EACH OF FISCAL YE ARS 2026, 2027, 2028, AND 2029,
121-AND 2030, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN
122-APPROPRIATION TO THE DEPARTMENT FOR THE PU BLIC EDUCATION CAMPA IGN
123-FROM THE CIGARETTE RESTITUTION FUND ESTABLISHED UNDE R § 7–317 OF THE
124-STATE FINANCE AND PROCUREMENT ARTICLE.
124+ (2) PROVIDE 30 DAYS FOR FEEDBACK AN D COMMENTS FROM THE 18
125+PUBLIC ON THE PUBLIC EDUCATION CAMPAIGN ; 19
125126
126- (2) THE TOTAL APPROPRIA TION FOR FISCAL YEAR S 2025 2026
127-THROUGH 2029 2030 SHALL BE NOT MORE TH AN $2,000,000 $750,000.
127+ (3) (2) IMPLEMENT THE PUBLIC EDUCATION CAMPAIGN O N OR 20
128+BEFORE JANUARY 1, 2026 2027; AND 21
128129
129-Article – State Finance and Procurement
130+ (4) (3) SET MEASURABLE GOALS FOR THE PUBLIC EDUCA TION 22
131+CAMPAIGN. 23
130132
131-7–317.
133+ (F) ON OR BEFORE JANUARY 1, 2027, 2028, AND 2029, THE DEPARTMENT 24
134+SHALL SUBMIT A REPOR T ON THE STATUS OF M EETING ITS GOALS ESTAB LISHED 25
135+UNDER SUBSECTION (E)(4) OF THIS SECTION TO T HE GENERAL ASSEMBLY, IN 26
136+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 27
132137
133- (a) There is a Cigarette Restitution Fund.
138+ (G) (F) (1) FOR EACH OF FISCAL YE ARS 2026, 2027, 2028, AND 2029, 28
139+AND 2030, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 29
140+APPROPRIATION TO THE DEPARTMENT FOR THE PU BLIC EDUCATION CAMPA IGN 30 4 HOUSE BILL 1293
134141
135- (f) (1) The Cigarette Restitution Fund shall be used to fund:
136142
137- (i) the Tobacco Use Prevention and Cessation Program established
138-under Title 13, Subtitle 10 of the Health – General Article;
143+FROM THE CIGARETTE RESTITUTION FUND ESTABLISHED UNDE R § 7–317 OF THE 1
144+STATE FINANCE AND PROCUREMENT ARTICLE. 2
139145
140- (ii) the Cancer Prevention, Education, Screening, and Treatment
141-Program established under Title 13, Subtitle 11 of the Health – General Article; Ch. 813 2024 LAWS OF MARYLAND
146+ (2) THE TOTAL APPROPRIA TION FOR FISCAL YEAR S 2025 2026 3
147+THROUGH 2029 2030 SHALL BE NOT MORE TH AN $2,000,000 $750,000. 4
142148
143-– 4
149+ArticleState Finance and Procurement 5
144150
145- (iii) the activities of the Southern Maryland Agricultural
146-Development Commission, in accordance with § 13–611 of the Economic Development
147-Article;
151+7–317. 6
148152
149- (iv) For each of fiscal years 2025 through 2029, the Maryland
150-Community Health Resources Commission Fund, in accordance with subsection (g) of this
151-section; [and]
153+ (a) There is a Cigarette Restitution Fund. 7
152154
153- (V) THE PUBLIC EDUCATION CAMPAIGN ON PROSTATE , LUNG,
154-AND BREAST CANCER PR EVENTION ESTABLISHED UNDER TITLE 13, SUBTITLE 11A
155-OF THE HEALTH – GENERAL ARTICLE; AND
155+ (f) (1) The Cigarette Restitution Fund shall be used to fund: 8
156156
157- [(v)] (VI) other programs that serve the following purposes:
157+ (i) the Tobacco Use Prevention and Cessation Program established 9
158+under Title 13, Subtitle 10 of the Health – General Article; 10
158159
159- 1. reduction of the use of tobacco products by individuals
160-under the age of 21 years;
160+ (ii) the Cancer Prevention, Education, Screening, and Treatment 11
161+Program established under Title 13, Subtitle 11 of the Health – General Article; 12
161162
162- 2. implementation of the Southern Maryland Regional
163-Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern
164-Maryland with an emphasis on alternative crop uses for agricultural land now used for
165-growing tobacco;
163+ (iii) the activities of the Southern Maryland Agricultural 13
164+Development Commission, in accordance with § 13–611 of the Economic Development 14
165+Article; 15
166166
167- 3. public and school education campaigns to decrease tobacco
168-use with initial emphasis on areas targeted by tobacco manufacturers in marketing and
169-promoting cigarette and tobacco products;
167+ (iv) For each of fiscal years 2025 through 2029, the Maryland 16
168+Community Health Resources Commission Fund, in accordance with subsection (g) of this 17
169+section; [and] 18
170170
171- 4. smoking cessation programs;
171+ (V) THE PUBLIC EDUCATION CAMPAIGN ON PROSTATE , LUNG, 19
172+AND BREAST CANCER PR EVENTION ESTABLISHED UNDER TITLE 13, SUBTITLE 11A 20
173+OF THE HEALTH – GENERAL ARTICLE; AND 21
172174
173- 5. enforcement of the laws regarding tobacco sales;
175+ [(v)] (VI) other programs that serve the following purposes: 22
174176
175- 6. the purposes of the Maryland Health Care Foundation
176-under Title 20, Subtitle 5 of the Health – General Article;
177+ 1. reduction of the use of tobacco products by individuals 23
178+under the age of 21 years; 24
177179
178- 7. primary health care in rural areas of the State and areas
179-targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco
180-products;
180+ 2. implementation of the Southern Maryland Regional 25
181+Strategy–Action Plan for Agriculture adopted by the Tri–County Council for Southern 26
182+Maryland with an emphasis on alternative crop uses for agricultural land now used for 27
183+growing tobacco; 28
181184
182- 8. prevention, treatment, and research concerning cancer,
183-heart disease, lung disease, tobacco product use, and tobacco control, including operating
184-costs and related capital projects;
185+ 3. public and school education campaigns to decrease tobacco 29
186+use with initial emphasis on areas targeted by tobacco manufacturers in marketing and 30
187+promoting cigarette and tobacco products; 31
188+ HOUSE BILL 1293 5
185189
186- 9. substance abuse treatment and prevention programs; and
187190
188- 10. any other public purpose.
189- WES MOORE, Governor Ch. 813
191+ 4. smoking cessation programs; 1
190192
191-– 5 –
192- (2) The provisions of this subsection may not be construed to affect the
193-Governor’s powers with respect to a request for an appropriation in the annual budget bill.
193+ 5. enforcement of the laws regarding tobacco sales; 2
194194
195- (g) (3) For each fiscal year for which appropriations are made, at least 50% of
196-the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii),
197-and [(v)1] (VI)1 through 9 of this section subject to the requirement of subsection (e)(2) of
198-this section.
195+ 6. the purposes of the Maryland Health Care Foundation 3
196+under Title 20, Subtitle 5 of the Health – General Article; 4
199197
200- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
201-2027, 2028, and 2029, the Maryland Department of Health shall include in the report
202-required under § 7–317(j)(2) of the State Finance and Procurement Article the status of
203-meeting its goals established under § 13–11A–01 of the Health – General Article, as enacted
204-by Section 1 of this Act.
198+ 7. primary health care in rural areas of the State and areas 5
199+targeted by tobacco manufacturers in marketing and promoting cigarette and tobacco 6
200+products; 7
205201
206- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
207-October 1, 2024 July 1, 2025. It shall remain effective for a period of 5 6 years and, at the
208-end of September 30, 2029 June 30, 2031, this Act, with no further action required by the
209-General Assembly, shall be abrogated and of no further force and effect.
202+ 8. prevention, treatment, and research concerning cancer, 8
203+heart disease, lung disease, tobacco product use, and tobacco control, including operating 9
204+costs and related capital projects; 10
210205
211-Approved by the Governor, May 16, 2024.
206+ 9. substance abuse treatment and prevention programs; and 11
207+
208+ 10. any other public purpose. 12
209+
210+ (2) The provisions of this subsection may not be construed to affect the 13
211+Governor’s powers with respect to a request for an appropriation in the annual budget bill. 14
212+
213+ (g) (3) For each fiscal year for which appropriations are made, at least 50% of 15
214+the appropriations shall be made for those purposes enumerated in subsection (f)(1)(i), (ii), 16
215+and [(v)1] (VI)1 through 9 of this section subject to the requirement of subsection (e)(2) of 17
216+this section. 18
217+
218+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 19
219+2027, 2028, and 2029, the Maryland Department of Health shall include in the report 20
220+required under § 7–317(j)(2) of the State Finance and Procurement Article the status of 21
221+meeting its goals established under § 13–11A–01 of the Health – General Article, as enacted 22
222+by Section 1 of this Act. 23
223+
224+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
225+October 1, 2024 July 1, 2025. It shall remain effective for a period of 5 6 years and, at the 25
226+end of September 30, 2029 June 30, 2031, this Act, with no further action required by the 26
227+General Assembly, shall be abrogated and of no further force and effect. 27
228+