WES MOORE, Governor Ch. 924
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Chapter 924
(House Bill 51)
AN ACT concerning
Maryland Pediatric Cancer Fund – Modifications
Public Health – Maryland Pediatric Cancer Fund and Commission
FOR the purpose of altering the use of the Maryland Pediatric Cancer Fund to require that
the Fund be used only for pediatric cancer research instead of only for pediatric
cancer research, prevention, and treatment and to allow funds from the Fund to be
used for administrative expenses; establishing the Pediatric Cancer Research
Commission to oversee the award of competitive grants from the Fund; and generally
relating to the Maryland Pediatric Cancer Fund and the Pediatric Cancer Research
Commission.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 20–120
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – Health – General
Section 20–121
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
20–120.
(a) (1) In this section the following words have the meanings indicated.
(2) “Fund” means the Maryland Pediatric Cancer Fund established under
this section.
(3) “Pediatric cancer research” includes research to develop and advance
the understanding of pediatric cancer and the techniques and modalities effective in the
prevention, cure, screening, and treatment of pediatric cancer.
(b) (1) There is a Maryland Pediatric Cancer Fund.
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(2) The Fund consists of:
(i) Money appropriated in the State budget to the Fund; and
(ii) Any donations or other money from any other source accepted for
the benefit of the Fund.
(3) The Secretary shall administer the Fund.
(4) The Fund shall be used only for pediatric cancer research AND
ADMINISTRATIVE EXPEN SES[, prevention, and treatment] as provided in subsection (c)
of this section.
(5) The Fund shall be maintained for the purposes stated in this section
and unspent portions of the Fund shall remain in the Fund and may not revert to the
General Fund of the State.
(6) Money expended from the Fund for pediatric cancer research [,
prevention, and treatment] is supplemental and is not intended to take the place of funding
that would otherwise be appropriated to the Department for pediatric cancer research[,
prevention, and treatment].
(7) All expenditures from the Fund shall be made only in accordance with
an appropriation approved by the General Assembly in the annual State budget or through
an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and
Procurement Article.
(8) (i) For fiscal year 2023, the Governor shall include in the annual
budget bill an appropriation of $5,000,000 to the Fund.
(ii) If $5,000,000 is not included in the annual budget bill for fiscal
year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an
appropriation of $5,000,000 to the Fund.
(c) (1) (I) Each year, the Secretary may distribute not more than 5% of:
1. DISTRIBUTE FUNDS FROM the Fund to a promotional
account TO BE ALLOCATED TO A STATE–BASED CHILDHOOD CANC ER ORGANIZATION
to be used to promote further donations to the Fund AND TO EDUCATE THE STATE
SCIENTIFIC COMMUNITY ABOUT THE OPPORTUNIT IES FOR CHILDHOOD CA NCER
RESEARCH THROUGH THE FUND; AND
2. USE FUNDS FROM THE FUND TO ADMINISTER TH E
FUND, INCLUDING FOR STAFF AND ADMINISTRATIVE COSTS ASSOCIATED WITH THE
COMMISSION ESTABLISHE D UNDER § 20–121 OF THIS SUBTITLE. WES MOORE, Governor Ch. 924
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(II) THE AMOUNTS DISTRIBUT ED AND USED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y NOT EXCEED A TOTAL OF 5% OF THE
FUND.
(2) (i) After making the distribution allowed under paragraph (1) of
this subsection, the Secretary shall use the remainder of the Fund only to provide grants
to eligible physicians, hospitals, laboratories, educational institutions, and other
organizations and persons to conduct pediatric cancer research[, prevention, or treatment].
(ii) Money received from the grant program under this section may
not be used to pay for institutional overhead expenses, organizational expenses, or charges
that are not directly related to pediatric cancer research[, prevention, or treatment] or
expenses arising from community–based support services.
(d) (1) On or before August 31 each year, the Secretary shall submit a report
to the General Assembly, in accordance with § 2–1257 of the State Government Article, on
the administration of the Fund.
(2) The report required under this subsection shall include:
(i) A description of promotional efforts undertaken with money from
the Fund; and
(ii) A detailed accounting of the use of the Fund.
(e) The Secretary shall adopt regulations to implement a pediatric cancer grant
program under this section.
20–121.
(A) IN THIS SECTION , “COMMISSION” MEANS THE PEDIATRIC CANCER
RESEARCH COMMISSION.
(B) THERE IS A PEDIATRIC CANCER RESEARCH COMMISSION.
(C) THE PURPOSE OF THE COMMISSION IS TO OVER SEE THE AWARD OF
COMPETITIVE GRANTS F ROM THE PEDIATRIC CANCER FUND, ESTABLISHED UNDER
§ 20–120 OF THIS SUBTITLE, TO PUBLIC AND PRIVAT E ENTITIES IN THE STATE.
(D) THE COMMISSION CONSISTS O F:
(1) THE SECRETARY OF HEALTH, OR THE SECRETARY’S DESIGNEE;
AND
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(2) THE FOLLOWING MEMBERS APPOINTED BY THE GOVERNOR:
(I) TWO INDIVIDUALS WHO A RE ADULT SURVIVORS O F
PEDIATRIC CANCER OR CAREGIVERS OF PEDIAT RIC CANCER PATIENTS , FROM A LIST
SUBMITTED BY WHO MAY BE IDENTIFIED IN CONSULTATION WITH THE AMERICAN
CHILDHOOD CANCER ORGANIZATION;
(II) ONE REPRESENTATIVE OF THE AMERICAN CHILDHOOD
CANCER ORGANIZATION;
(III) TWO FOUR SCIENTISTS WITH EXPE RTISE IN PEDIATRIC
CANCER RESEARCH FROM THE UNIVERSITY OF MARYLAND;
(IV) TWO SCIENTISTS WITH E XPERTISE IN PEDIATRI C CANCER
RESEARCH FROM JOHNS HOPKINS UNIVERSITY;
(V) (IV) TWO ADVANCED PRACTICE REGISTERED NURSES
WHO HAVE EXPERIENCE IN PEDIATRIC CANCER CARE; AND
(VI) (V) ONE PHYSICIAN THREE PHYSICIANS WITH EXPERTISE
IN TREATING PEDIATRI C CANCER PATIENTS FROM THE UNIVERSITY OF MARYLAND
MEDICAL SYSTEM;
(VII) ONE PHYSICIAN WITH EX PERTISE IN TREATING PEDIATRIC
CANCER PATIENTS FROM JOHNS HOPKINS MEDICINE;
(VIII) ONE PHYSICIAN WITH EX PERTISE IN PEDIATRIC ONCOLOGY
FROM LIFEBRIDGE HEALTH; AND
(IX) ONE INDIVIDUAL WITH E XPERTISE IN PEDIATRI C
ONCOLOGY FROM THE NATIONAL CANCER INSTITUTE.
(E) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS.
(2) THE TERMS OF THE APPO INTED MEMBERS OF THE COMMISSION
ARE STAGGERED AS REQ UIRED BY THE TERMS P ROVIDED FOR MEMBERS OF THE
COMMISSION ON OCTOBER 1, 2024.
(3) IF A VACANCY OCCURS D URING THE TERM OF AN APPOINTED
MEMBER, THE GOVERNOR SHALL APPOIN T A SUCCESSOR WHO SH ALL SERVE UNTIL
THE TERM EXPIRES .
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(4) AT THE END OF A TERM , A MEMBER MAY CONTINU E TO SERVE
ONLY UNTIL A SUCCESS OR IS APPOINTED AND QUALIFIES.
(5) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN SERVES
ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINT ED AND
QUALIFIES.
(6) A MEMBER MAY NOT SERVE MORE THAN TWO CONSEC UTIVE FULL
TERMS.
(F) EACH MEMBER OF THE COMMISSION SHALL DISC LOSE TO THE STATE
ETHICS COMMISSION WHETHER TH E MEMBER IS EMPLOYED BY OR HAS A FINANCIA L
INTEREST IN AN ENTIT Y THAT MAY APPLY TO CONDUCT STATE–FUNDED PEDIATRIC
CANCER RESEARCH .
(G) (1) THE GOVERNOR MAY REMOVE A MEMBER FOR NEGLECT O F DUTY,
INCOMPETENCE , MISCONDUCT , MALFEASANCE , MISFEASANCE , NONFEASANCE , OR
ANY OTHER SUFFICIENT CAUSE.
(2) THE GOVERNOR MAY NOT REMO VE A MEMBER FOR POLI TICAL
PARTY PREFERENCE .
(H) (1) A MAJORITY OF THE FULL AUTHORIZED MEMBERSHI P OF THE
COMMISSION IS A QUORU M.
(2) THE DECISION OF THE COMMISSION SHALL BE B Y A MAJORITY OF
THE QUORUM PRESENT A ND VOTING.
(I) THE COMMISSION SHALL MEET AT LEAST TWICE A YEA R, AT THE TIMES
AND PLACES THAT IT D ETERMINES.
(J) A MEMBER OF THE COMMISSION:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
COMMISSION; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
(K) THE COMMISSION ANNUALLY S HALL ELECT A CHAIR A ND VICE CHAIR
FROM AMONG ITS MEMBE RS.
(L) THE COMMISSION SHALL :
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(1) DEVELOP CRITERIA , STANDARDS, AND REQUIREMENTS FOR THE
REVIEW OF APPLICATIO NS FOR PEDIATRIC CAN CER RESEARCH GRANTS FROM THE
PEDIATRIC CANCER FUND;
(2) ESTABLISH PROCEDURES AND GUIDELINES TO BE USED IN THE
REVIEW, EVALUATION, RANKING, AND RATING OF THE RE SEARCH GRANT
PROPOSALS;
(3) REVIEW DEVELOP CRITERIA AND A PROCESS FOR REVIEW ING
GRANT APPLICATIONS T O ENSURE THAT EACH APPLICATION IS COMPLETE AND
SATISFIES THE CRITER IA, STANDARDS, AND REQUIREMENTS DEV ELOPED BY THE
COMMISSION UNDER ITEM (1) OF THIS SUBSECTION ;
(4) DEVELOP DISCLOSURE AN D RECUSAL GUIDELINES TO BE
FOLLOWED BY MEMBERS OF THE COMMISSION WHEN CONSI DERING GRANT
APPLICATIONS;
(5) ESTABLISH STANDARDS F OR THE OVERSIGHT OF AWARDS; AND
(6) CONDUCT PROGRESS REVI EWS OF GRANT RECIPIE NTS.
(M) THE COMMISSION MAY CONSUL T WITH EXPERTS IN PE RFORMING ITS
DUTIES.
SECTION 2. AND BE IT FURTHER ENACTED, That th e terms of the initial
members of the Pediatric Cancer Research Commission shall expire as follows:
(1) four members in 2025;
(2) four members in 2026; and
(3) five four members in 2027.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.