EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0051*
HOUSE BILL 51
J1 4lr1238
(PRE–FILED) CF SB 13
By: Delegate Rosenberg Delegates Rosenberg, Pena –Melnyk, Cullison, Alston,
Bagnall, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson,
Kaiser, Kipke, R. Lewis, Lopez, Martinez, M. Morgan, Reilly, Szeliga,
Taveras, White Holland, and Woods
Requested: October 30, 2023
Introduced and read first time: January 10, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
AN ACT concerning 1
Maryland Pediatric Cancer Fund – Modifications 2
Public Health – Maryland Pediatric Cancer Fund and Commission 3
FOR the purpose of altering the use of the Maryland Pediatric Cancer Fund to require that 4
the Fund be used only for pediatric cancer research instead of only for pediatric 5
cancer research, prevention, and treatment; establishing the Pediatric Cancer 6
Research Commission to oversee the award of competitive grants from the Fund; and 7
generally relating to the Maryland Pediatric Cancer Fund and the Pediatric Cancer 8
Research Commission. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 20–120 12
Annotated Code of Maryland 13
(2023 Replacement Volume) 14
BY adding to 15
Article – Health – General 16
Section 20–121 17
Annotated Code of Maryland 18
(2023 Replacement Volume) 19 2 HOUSE BILL 51
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
20–120. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Fund” means the Maryland Pediatric Cancer Fund established under 6
this section. 7
(3) “Pediatric cancer research” includes research to develop and advance 8
the understanding of pediatric cancer and the techniques and modalities effective in the 9
prevention, cure, screening, and treatment of pediatric cancer. 10
(b) (1) There is a Maryland Pediatric Cancer Fund. 11
(2) The Fund consists of: 12
(i) Money appropriated in the State budget to the Fund; and 13
(ii) Any donations or other money from any other source accepted for 14
the benefit of the Fund. 15
(3) The Secretary shall administer the Fund. 16
(4) The Fund shall be used only for pediatric cancer research[, prevention, 17
and treatment] as provided in subsection (c) of this section. 18
(5) The Fund shall be maintained for the purposes stated in this section 19
and unspent portions of the Fund shall remain in the Fund and may not revert to the 20
General Fund of the State. 21
(6) Money expended from the Fund for pediatric cancer research [, 22
prevention, and treatment] is supplemental and is not intended to take the place of funding 23
that would otherwise be appropriated to the Department for pediatric cancer research[, 24
prevention, and treatment]. 25
(7) All expenditures from the Fund shall be made only in accordance with 26
an appropriation approved by the General Assembly in the annual State budget or through 27
an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and 28
Procurement Article. 29
HOUSE BILL 51 3
(8) (i) For fiscal year 2023, the Governor shall include in the annual 1
budget bill an appropriation of $5,000,000 to the Fund. 2
(ii) If $5,000,000 is not included in the annual budget bill for fiscal 3
year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an 4
appropriation of $5,000,000 to the Fund. 5
(c) (1) Each year, the Secretary may distribute not more than 5% of the Fund 6
to a promotional account TO BE ALLOCATED TO A STATE–BASED CHILDHOOD CANC ER 7
ORGANIZATION to be used to promote further donations to the Fund AND TO EDUCATE 8
THE STATE SCIENTIFIC COMM UNITY ABOUT THE OPPO RTUNITIES FOR C HILDHOOD 9
CANCER RESEARCH THRO UGH THE FUND. 10
(2) (i) After making the distribution allowed under paragraph (1) of 11
this subsection, the Secretary shall use the remainder of the Fund only to provide grants 12
to eligible physicians, hospitals, laboratories, educational institutions, and other 13
organizations and persons to conduct pediatric cancer research[, prevention, or treatment]. 14
(ii) Money received from the grant program under this section may 15
not be used to pay for institutional overhead expenses, organizational expenses, or charges 16
that are not directly related to pediatric cancer research[, prevention, or treatment] or 17
expenses arising from community–based support services. 18
(d) (1) On or before August 31 each year, the Secretary shall submit a report 19
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on 20
the administration of the Fund. 21
(2) The report required under this subsection shall include: 22
(i) A description of promotional efforts undertaken with money from 23
the Fund; and 24
(ii) A detailed accounting of the use of the Fund. 25
(e) The Secretary shall adopt regulations to implement a pediatric cancer grant 26
program under this section. 27
20–121. 28
(A) IN THIS SECTION , “COMMISSION” MEANS THE PEDIATRIC CANCER 29
RESEARCH COMMISSION. 30
(B) THERE IS A PEDIATRIC CANCER RESEARCH COMMISSION. 31
4 HOUSE BILL 51
(C) THE PURPOSE OF THE COMMISSION IS TO OVER SEE THE AWARD OF 1
COMPETITIVE GRANTS F ROM THE PEDIATRIC CANCER FUND, ESTABLISHED UNDER 2
§ 20–120 OF THIS SUBTITLE, TO PUBLIC AND PRIVAT E ENTITIES IN THE STATE. 3
(D) THE COMMISSION CONSISTS O F: 4
(1) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE; 5
AND 6
(2) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR: 7
(I) TWO INDIVIDUALS WHO A RE ADULT SURVIVORS OF 8
PEDIATRIC CANCER OR CAREGIVERS OF PEDIAT RIC CANCER PATIENTS , FROM A LIST 9
SUBMITTED BY THE AMERICAN CHILDHOOD CANCER ORGANIZATION; 10
(II) ONE REPRESENTATIVE OF THE AMERICAN CHILDHOOD 11
CANCER ORGANIZATION; 12
(III) TWO SCIENTISTS WITH E XPERTISE IN PEDIA TRIC CANCER 13
RESEARCH FROM THE UNIVERSITY OF MARYLAND; 14
(IV) TWO SCIENTISTS WITH E XPERTISE IN PEDIATRI C CANCER 15
RESEARCH FROM JOHNS HOPKINS UNIVERSITY; 16
(V) TWO ADVANCED PRACTICE REGISTERED NURSES WH O HAVE 17
EXPERIENCE IN PEDIAT RIC CANCER CARE ; 18
(VI) ONE PHYSICIAN WITH EX PERTISE IN TREATING PEDIATRIC 19
CANCER PATIENTS FROM THE UNIVERSITY OF MARYLAND MEDICAL SYSTEM; 20
(VII) ONE PHYSICIAN WITH EX PERTISE IN TREATING PEDIATRIC 21
CANCER PATIENTS FROM JOHNS HOPKINS MEDICINE; 22
(VIII) ONE PHYSICIAN WITH EX PERTISE IN PEDIATRIC ONCOLOGY 23
FROM LIFEBRIDGE HEALTH; AND 24
(IX) ONE INDIVIDUAL WITH E XPERTISE IN PEDIATRI C 25
ONCOLOGY FROM THE NATIONAL CANCER INSTITUTE. 26
(E) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 27
(2) THE TERMS OF THE APPOINTED MEMBERS OF THE COMMISSION 28
ARE STAGGERED AS REQ UIRED BY THE TERMS P ROVIDED FOR MEMBERS OF THE 29
COMMISSION ON OCTOBER 1, 2024. 30 HOUSE BILL 51 5
(3) IF A VACANCY OCCURS D URING THE TERM OF AN APPOINTED 1
MEMBER, THE GOVERNOR SHALL APPOIN T A SUCCESSOR WHO SH ALL SERVE UNTIL 2
THE TERM EXPIRES . 3
(4) AT THE END OF A TERM , A MEMBER MAY CONTINU E TO SERVE 4
ONLY UNTIL A SUCCESS OR IS APPOINTED AND QUALIFIES. 5
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES 6
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS AP POINTED AND 7
QUALIFIES. 8
(6) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL 9
TERMS. 10
(F) EACH MEMBER OF THE COMMISSION SHALL DISC LOSE TO THE STATE 11
ETHICS COMMISSION WHETHER TH E MEMBER IS EMPLOYED BY OR HAS A FINANCIA L 12
INTEREST IN AN ENTIT Y THAT MAY APPLY TO CONDUCT STATE–FUNDED PEDIATRIC 13
CANCER RESEARCH . 14
(G) (1) THE GOVERNOR MAY REMOVE A MEMBER FOR NEGLECT O F DUTY, 15
INCOMPETENCE , MISCONDUCT , MALFEASANCE , MISFEASANCE , NONFEASANCE , OR 16
ANY OTHER SUFFICIENT CAUSE. 17
(2) THE GOVERNOR MAY NOT REMO VE A MEMBER FOR POLITICAL 18
PARTY PREFERENCE . 19
(H) (1) A MAJORITY OF THE FULL AUTHORIZED MEMBERSHI P OF THE 20
COMMISSION IS A QUORU M. 21
(2) THE DECISION OF THE COMMISSION SHALL BE B Y A MAJORITY OF 22
THE QUORUM PRESENT A ND VOTING. 23
(I) THE COMMISSION SHALL MEET AT LEAST TWICE A YEAR , AT THE TIMES 24
AND PLACES THAT IT D ETERMINES. 25
(J) A MEMBER OF THE COMMISSION: 26
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 27
COMMISSION; BUT 28
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 29
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 30
6 HOUSE BILL 51
(K) THE COMMISSION ANNUALLY S HALL ELECT A CHAIR A ND VICE CHAIR 1
FROM AMONG ITS MEMBE RS. 2
(L) THE COMMISSION SHALL : 3
(1) DEVELOP CRITERIA , STANDARDS, AND REQUIREMENTS FOR THE 4
REVIEW OF APPLICATIO NS FOR PEDIATRIC CANCER RES EARCH GRANTS FROM TH E 5
PEDIATRIC CANCER FUND; 6
(2) ESTABLISH PROCEDURES AND GUIDELINES TO BE USED IN THE 7
REVIEW, EVALUATION, RANKING, AND RATING OF THE RE SEARCH GRANT 8
PROPOSALS; 9
(3) REVIEW GRANT APPLICAT IONS TO ENSURE THAT EACH 10
APPLICATION IS COMPLETE AND SATISFIES THE CR ITERIA, STANDARDS, AND 11
REQUIREMENTS DEVELOP ED BY THE COMMISSION UNDER ITEM (1) OF THIS 12
SUBSECTION; 13
(4) DEVELOP DISCLOSURE AN D RECUSAL GUIDELINES TO BE 14
FOLLOWED BY MEMBERS OF THE COMMISSION WHEN CONSI DERING GRANT 15
APPLICATIONS; 16
(5) ESTABLISH STANDARDS F OR THE OVERSIGHT OF AWARDS; AND 17
(6) CONDUCT PROGRESS REVI EWS OF GRANT RECIPIE NTS. 18
(M) THE COMMISSION MAY CONSUL T WITH EXPERTS IN PE RFORMING ITS 19
DUTIES. 20
SECTION 2. AND BE IT FURTHER ENACTED, That the terms o f the initial 21
members of the Pediatric Cancer Research Commission shall expire as follows: 22
(1) four members in 2025; 23
(2) four members in 2026; and 24
(3) five members in 2027. 25
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2024. 27