WES MOORE, Governor Ch. 765
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Chapter 765
(House Bill 42)
AN ACT concerning
Public Health – Public Health Services and Protections – Revisions
FOR the purpose of repealing the exceptions that allow the sale, distribution, or purchase
of tobacco products, tobacco paraphernalia, and electronic smoking devices to or for
certain individuals who are active duty members of the military; authorizing the
Maryland Department of Health to reallocate from one county to another county
certain projected unspent grant funding relating to cancer to address certain funding
needs; altering the duties of the State Council on Child Abuse and Neglect; repealing
the requirement that the Secretary of Health appoint and convene an expert panel
on child abuse and neglect relating to research and data collection on a yearly basis;
transferring responsibility for the payment of certain emergency medical treatment
charges in cases of child abuse and neglect from the Department to the Governor’s
Office of Crime Prevention, Youth, and Victim Services and Policy; and generally
relating to public health services and protections.
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 16–209(c), 16.5–214.1, and 16.7–204.1
Annotated Code of Maryland
(2015 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Criminal Law
Section 10–107(b), (c), and (d)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 5–712(e), 5–7A–06, and 5–7A–09
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Family Law
Section 5–7A–01(a)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing
Article – Health – General Ch. 765 2024 LAWS OF MARYLAND
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Section 13–1013(d) and 13–2205
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 13–1013(e), (f), and (g), 24–305(b) and (d), and 24–307(a), (d), and (f)
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Health – General
Section 13–1108(f)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Local Government
Section 1–1203
Annotated Code of Maryland
(2013 Volume and 2023 Supplement)
Preamble
WHEREAS, The minimum age in all states for the sale of tobacco products was
raised from 18 to 21 years effective December 20, 2019, under 21 U.S.C. § 387f(d)(5); and
WHEREAS, State statutory provisions maintain exceptions for active duty military
personnel between the ages of 18 and 21 years of age to purchase tobacco products, which
has caused confusion among Maryland tobacco product sellers; and
WHEREAS, Distribution of funds for the Local Public Health Cancer Grant for
cancer prevention, education, screening, and treatment are made in accordance with the
formula established in § 13–1108(b) of the Health – General Article, and funds cannot be
redistributed between eligible counties during the fiscal year if distribution does not align
with the fiscal needs of counties; and
WHEREAS, Reporting on Enforcement Strategies for Distribution of Tobacco
Products to Minors under § 24–307(f) of the Health – General Article contains references
to sections of the Criminal Law Article repealed by the enactment of Chapter 396 of the
Acts of the General Assembly of 2019; and
WHEREAS, Reporting requirements of the Cigarette Restitution Fund’s
Counter–Marketing Component under § 13–1013(d) of the Health – General Article are
duplicative of reporting requirements of the Cigarette Restitution Fund’s Annual WES MOORE, Governor Ch. 765
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Accomplishments and Outcomes Report under § 7 –317 of the State Finance and
Procurement Article; and
WHEREAS, Section 13–2205 of the Health – General Article, establishing an expert
panel on child abuse and neglect, can be repealed without reducing the amount or quality
of information provided to the General Assembly as the expert panel has completed its work
and the efforts and reporting requirements of the expert panel can be assumed by the State
Council on Child Abuse and Neglect established under § 5–7A–01 of the Family Law
Article; and
WHEREAS, The Maryland Department of Health currently is named as the payor
of last resort and given authority to adopt regulations for payments for emergency medical
treatment to children in cases of child abuse and neglect under § 5–712(e) of the Family
Law Article; and
WHEREAS, The Governor’s Office of Crime Prevention, Youth, and Victim Services
and Policy has taken over the responsibility as the payor of last resort for the payments for
emergency medical treatment; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
16–209.
(c) (1) A licensee shall post a sign in a location that is clearly visible to the
consumer that states:
“No person under the age of 21 may be sold tobacco [products without military
identification”] PRODUCTS”.
(2) The sign required under this subsection shall be written in letters at
least one–half inch high.
16.5–214.1.
(a) A licensed other tobacco products retailer shall post a sign in a location that
is clearly visible to the consumer that states:
“No person under the age of 21 may be sold tobacco [products without military
identification”] PRODUCTS”.
(b) The sign required under this section shall be written in letters at least
one–half inch high.
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16.7–204.1.
(a) A retail licensee shall post a sign in a location that is clearly visible to the
consumer that states:
“No person under the age of 21 may be sold tobacco [products without military
identification”] PRODUCTS”.
(b) The sign required under this section shall be written in letters at least
one–half inch high.
Article – Criminal Law
10–107.
(b) (1) This subsection does not apply to the distribution of a tobacco product
or tobacco paraphernalia to[:
(i)] an individual under the age of 21 years who is acting solely as
the agent of the individual’s employer if the employer distributes tobacco products or
tobacco paraphernalia for commercial purposes[; or
(ii) a purchaser or recipient who:
1. is at least 18 years of age;
2. is an active duty member of the military; and
3. presents a valid military identification].
(2) A person who distributes tobacco products for commercial purposes,
including a person licensed under Title 16, Title 16.5, Title 16.7, or Title 16.9 of the
Business Regulation Article, may not distribute to an individual under the age of 21 years:
(i) a tobacco product;
(ii) tobacco paraphernalia; or
(iii) a coupon redeemable for a tobacco product.
(c) A person not described in subsection (b)(2) of this section may not:
(1) purchase for or sell a tobacco product to an individual under the age of
21 years[,unless the individual:
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(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification]; or
(2) distribute tobacco paraphernalia to an individual under the age of 21
years[, unless the individual:
(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification].
(d) In a prosecution for a violation of this section, it is a defense that the defendant
examined the purchaser’s or recipient’s driver’s license or other valid identification issued
by a government unit that positively identified the purchaser or recipient as at least 21
years of age [or as at least 18 years of age and an active duty member of the military].
Article – Family Law
5–712.
(e) (1) In accordance with regulations adopted by the [Secretary of Health]
EXECUTIVE DIRECTOR OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION,
YOUTH, AND VICTIM SERVICES AND POLICY, the [Maryland Department of Health]
GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES AND
POLICY shall pay for emergency medical treatment charges that are incurred on behalf of
a child who is examined or treated under this section.
(2) The child’s parent or guardian is liable to the [Maryland Department
of Health] GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM
SERVICES AND POLICY for the payments and shall take any steps necessary to secure
health benefits available for the child from a public or private benefit program.
(3) The local department shall:
(i) immediately determine whether a child treated or examined
under this section is eligible for medical assistance payments; and
(ii) secure medical assistance benefits for any eligible child
examined or treated under this section.
5–7A–01. Ch. 765 2024 LAWS OF MARYLAND
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(a) There is a State Council on Child Abuse and Neglect.
5–7A–06.
(a) In addition to any duties set forth elsewhere, the Council shall, by examining
the policies and procedures of State and local agencies and specific cases that the Council
considers necessary to perform its duties under this section, evaluate the extent to which
State and local agencies are effectively discharging their child protection responsibilities in
accordance with:
(1) the State plan under 42 U.S.C. § 5106a(b);
(2) the child protection standards set forth in 42 U.S.C. § 5106a(b); and
(3) any other criteria that the Council considers important to ensure the
protection of children, including:
(i) a review of the extent to which the State child protective services
system is coordinated with the foster care and adoption program established under Part E
of Title IV of the Social Security Act; and
(ii) a review of child fatalities and near fatalities.
(b) The Council may request that a local citizens review panel established under
§ 5–539.2 of this title conduct a review under this section and report its findings to the
Council.
(c) The Council shall coordinate its activities under this section with the State
Citizens Review Board for Children, local citizens review panels, [and] the child fatality
review teams, AND THE CHILD ABUSE MEDICAL PROVIDERS (MARYLAND CHAMP)
INITIATIVE in order to avoid unnecessary duplication of effort.
(d) The chairperson of the Council may designate members of the Children’s
Justice Act Committee as special members of the Council for the purpose of carrying out
the duties set forth in this section.
5–7A–09.
(a) The Council shall report and make recommendations annually to the
Governor and the General Assembly on:
(1) ACTIVITIES OF THE MARYLAND CHAMP INITIATIVE
ESTABLISHED UNDER TITLE 13, SUBTITLE 22 OF THE HEALTH – GENERAL ARTICLE, WES MOORE, Governor Ch. 765
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INCLUDING DATA COL LECTED ON CHILD ABUS E AND NEGLECT DIAGNO SES AND
TREATMENT ; AND
(2) matters relating to the prevention, detection, prosecution, and
treatment of child abuse and neglect, including policy and training needs that require the
attention and action of the Governor or the General Assembly.
(b) The Council shall annually prepare and make available to the public a report
containing a summary of its activities under § 5–7A–05 of this subtitle.
Article – Health – General
13–1013.
[(d) Subject to subsection (c)(2) of this section, before spending any funds allocated
in the State budget to the Counter–Marketing and Media Component and no later than
January 1, 2001, the Department shall submit a report to the Governor and, subject to §
2–1257 of the State Government Article, the General Assembly that:
(1) Identifies the goals of the Counter–Marketing and Media Component
and the target dates for meeting these goals;
(2) Describes the various elements of the Counter–Marketing and Media
Component and how the Department plans to implement the Component; and
(3) Identifies the different target audiences of the Counter–Marketing and
Media Component.]
[(e)] (D) (1) The Department may contract with a higher education
institution or private entity to implement any part of the Counter–Marketing and Media
Component.
(2) If the Department determines that any part of the Counter–Marketing
and Media Component should be implemented by a higher education institution or private
entity, the Department shall issue a request for proposal to select the entity that will
implement that part of the Component.
(3) At a minimum, the request for proposal shall:
(i) State with specificity the goals of the Counter–Marketing and
Media Component;
(ii) State with specificity the objectives and performance criteria
that will be used to measure the success of the program to which the request for proposal
relates; and
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(iii) Require that the response to the request for proposal include a
plan to reach the targeted audiences identified by the Department.
(4) If the Department issues a request for proposal to select an entity to
implement any part of the Counter–Marketing and Media Component, the Department
shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in
administering the request for proposal process.
[(f)] (E) To the extent practicable, the Department shall take steps to maximize
the cost effectiveness of the Counter–Marketing and Media Component, including:
(1) Using advertisements and other communications and public relations
products and services that have been developed by and shown to be effective in other states;
(2) Subject to subsection [(g)] (F) of this section, using money that is
allocated to the Counter–Marketing and Media Component to obtain money from the
federal government, the National Public Education Fund, or any other entity; and
(3) Coordinating the purchase of broadcast time with other states.
[(g)] (F) The Department may not accept money from the federal government,
the National Public Education Fund, or any other entity if the Department is required to
accept, as a condition of receiving the money, restrictions on the content of advertisements,
communications, or other public relations products or services that are funded with money
from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes
of this subtitle.
13–1108.
(F) THE DEPARTMENT MAY REALLO CATE PROJECTED UNSPE NT FUNDS
AWARDED TO A COUNTY TO ANOTHER COUNTY AS NEEDED DURING THE FI SCAL YEAR
IN ORDER TO ADDRESS ANY UNMET COUNTY FUN DING NEEDS AS DETERM INED
UNDER § 13–1107 OF THIS SUBTITLE.
[13–2205.
(a) The Secretary shall appoint and convene an expert panel on child abuse and
neglect relating to research and data collection at least one time each year.
(b) The panel shall assist the Secretary in:
(1) Reviewing the appropriateness of current procedural terminology
(CPT) codes and billing protocols for services provided regarding child abuse and neglect;
and
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(2) Determining how diagnosis and treatment data may be preserved to
provide statistics on the extent of child abuse and neglect in the State, including through
the creation of a special billing code.
(c) The panel shall meet at least one time each year with representatives from
each emergency room, child advocacy center, and any other facility that provides expert
child abuse and neglect care, as defined in § 5–712 of the Family Law Article, to provide
training in current procedural terminology (CPT) codes and billing protocols.
(d) On or before December 1 of each year, the panel shall submit a report, in
accordance with § 2–1257 of the State Government Article, to the General Assembly on the
data collected on child abuse and neglect diagnosis and treatment and the activities of the
Initiative.]
24–305.
(b) (1) Except as provided in paragraph (2) of this subsection, a person may
not sell, distribute, or offer for sale to an individual under the age of 21 years an electronic
smoking device, as defined in § 16.7–101(c) of the Business Regulation Article.
(2) This subsection does not apply to[:
(i) An] AN electronic smoking device that contains or delivers
nicotine intended for human consumption if the device has been approved by the United
States Food and Drug Administration for sale as a tobacco cessation product and is being
marketed and sold solely for this purpose[; or
(ii) A purchaser or recipient who:
1. Is at least 18 years of age;
2. Is an active duty member of the military; and
3. Presents a valid military identification].
(d) In a prosecution for a violation of this section, it is a defense that the defendant
examined the purchaser’s or recipient’s driver’s license or other valid identification issued
by a government unit that positively identified the purchaser or recipient as at least 21
years of age [or as at least 18 years of age and an active duty member of the military].
24–307.
(a) (1) This section does not apply to the distribution of a coupon that is
redeemable for a tobacco product if the coupon is:
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(i) Contained in a newspaper, a magazine, or any other type of
publication in which the coupon is incidental to the primary purpose of the publication; or
(ii) Sent through the mail.
(2) This section does not apply to the distribution of a tobacco product or
tobacco paraphernalia to[:
(i) An] AN individual under the age of 21 years who is acting solely
as the agent of the individual’s employer if the employer distributes tobacco products or
tobacco paraphernalia for commercial purposes[; or
(ii) A purchaser or recipient who:
1. Is at least 18 years of age;
2. Is an active duty member of the military; and
3. Presents a valid military identification].
(d) In a prosecution for a violation of subsection (b) of this section, it is a defense
that the defendant examined the purchaser’s or recipient’s driver’s license or other valid
identification issued by a governmental unit that positively identified the purchaser or
recipient as at least 21 years old [or as at least 18 years of age and an active duty member
of the military].
(f) (1) The Maryland Department of Health, in collaboration and consultation
with the Office of the Comptroller, the Executive Director of the Alcohol [and], Tobacco,
AND CANNABIS Commission, local health departments, and local law enforcement
agencies, shall develop ongoing strategies for enforcement of [§§ 10–107 and 10–108] §
10–107 of the Criminal Law Article.
(2) On or before October 1 each year, the Department shall report to the
General Assembly, in accordance with § 2–1257 of the State Government Article, on:
(i) The development of enforcement strategies required under
paragraph (1) of this subsection; and
(ii) Training and assistance to tobacco retailers to improve
compliance with § 10–107 of the Criminal Law Article.
Article – Local Government
1–1203.
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(a) This section applies only in:
(1) Carroll County;
(2) Cecil County;
(3) Garrett County; and
(4) St. Mary’s County.
(b) Subsection (c)(3) of this section does not apply to the distribution of a coupon
that is redeemable for a tobacco product if the coupon:
(1) is contained in a newspaper, magazine, or other type of publication and
the coupon is incidental to the primary purpose of the publication; or
(2) is sent through the mail.
(c) A person may not:
(1) distribute a tobacco product to an individual under the age of 21 years,
unless[:
(i)] the individual is acting solely as the agent of the individual’s
employer who is engaged in the business of distributing tobacco products; [or
(ii) the individual:
1. is at least 18 years of age;
2. is an active duty member of the military; and
3. presents a valid military identification;]
(2) distribute cigarette rolling papers to an individual under the age of 21
years[, unless the individual:
(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification]; or
(3) distribute to an individual under the age of 21 years a coupon
redeemable for a tobacco product[, unless the individual:
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(i) is at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification].
(d) A person has not violated this section if:
(1) the person examined the dr iver’s license or other valid
government–issued identification presented by the recipient of a tobacco product, cigarette
rolling paper, or coupon redeemable for a tobacco product; and
(2) the license or other identification positively identified the recipient as
being at least 21 years old [or as being at least 18 years of age and an active duty member
of the military].
(e) (1) In Carroll County and St. Mary’s County, a person who violates this
section commits a civil infraction and is subject to a civil penalty of:
(i) $300 for the first violation; and
(ii) $500 for any subsequent violation within 24 months after the
previous citation.
(2) In Cecil County, a person who violates this section commits a civil
infraction and is subject to a civil penalty of:
(i) $300 for the first violation;
(ii) $500 for a second violation; and
(iii) $750 for any subsequent violation.
(3) In Garrett County, a person who violates this section commits a civil
infraction and is subject to a civil penalty not exceeding $300.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.