EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0971*
SENATE BILL 971
J1 5lr3458
By: Senator Lam (By Request – Commission on Public Health)
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health and Health Officers – Revisions 2
FOR the purpose of requiring the Maryland Department of Health to notify each health 3
officer for a county of a certain procurement to offer the opportunity for the county 4
health department to join the procurement; authorizing a health officer for a county 5
to make an appointment to a position without the approval of the Maryland 6
Department of Health or the Department of Budget and Management if the position 7
is fully funded through the use of local funding or grant funding; authorizing a health 8
officer for a county to enter into certain contracts if the Secretary of Health does not 9
respond to a request for approval within a certain time period; requiring the 10
Department to include certain data in a health care workforce data clearinghouse if 11
the Department creates the clearinghouse; authorizing a health officer for a county 12
to serve on the board of a hospital if the health officer does not accept payment for 13
the health officer’s service on the board; and generally relating to the Maryland 14
Department of Health and health officers of counties. 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 3–306 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2024 Supplement) 20
BY adding to 21
Article – Health – General 22
Section 24–2501 and 24–2502 to be under the new subtitle “Subtitle 25. Health Care 23
Workforce Data Clearinghouse” 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2024 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28 2 SENATE BILL 971
Article – Health – General 1
3–306. 2
(a) Except as provided by agreement between the Secretary and the local 3
governing body, and in addition to the powers and duties set forth elsewhere, each health 4
officer has the powers and duties set forth in this section. 5
(b) A health officer may obtain samples of food and drugs for analysis. 6
(c) (1) The health officer for a county is the executive officer and secretary of 7
the county board of health. 8
(2) (I) Except in Montgomery County, the health officer for a county 9
shall appoint the staff of the county health department. 10
(II) IF A POSITION WITH A COUNTY HEALTH DEPARTMENT IS 11
FULLY FUNDED THROUGH THE USE OF LOCAL FUN DING OR GRANT FUNDIN G, THE 12
HEALTH OFFICER FOR T HE COUNTY MAY APPOIN T AN INDIVIDUAL TO T HE POSITION 13
WITHOUT APPROVAL BY THE SECRETARY OR THE SECRETARY OF BUDGET AND 14
MANAGEMENT . 15
(3) The health officer for a county shall have an office at an accessible place 16
in the county. 17
(4) (i) The health officer for a county shall enforce throughout the 18
county: 19
1. Under the direction of the Secretary, the State health laws 20
and the policies, rules, and regulations that the Secretary adopts; and 21
2. Except as provided in subparagraph (ii) of this paragraph, 22
under the direction of the county board of health, the rules and regulations that the county 23
board of health adopts. 24
(ii) The health officer for a county shall enforce in each municipality 25
or special taxing district in the county the rules or regulations that the county board of 26
health adopts unless the municipality or district has a charter provision or ordinance that: 27
1. Covers the same subject matter as the county rule or 28
regulation; 29
2. Is at least as restrictive as the county rule or regulation; 30
and 31
SENATE BILL 971 3
3. Includes provisions for enforcement. 1
(5) A health officer shall perform any investigation or other duty or 2
function directed by the Secretary or the county board of health and submit appropriate 3
reports to them. 4
(d) (1) Subject to the consent of the governing body of the county and the 5
written approval of the Secretary, a health officer for a county may enter into a contract or 6
any other written agreement to assist or participate in the delivery of health care services 7
with a person that is authorized to provide, finance, coordinate, facilitate, or otherwise 8
deliver health care services in the State. 9
(2) IF THE SECRETARY DOES NOT RESPOND TO A REQUEST FOR 10
WRITTEN APPROVAL WIT HIN 7 DAYS AFTER RECEIVING THE REQU EST, THE HEALTH 11
OFFICER FOR THE COUN TY MAY PROCEED TO EN TER THE CONTRACT OR WRITTEN 12
AGREEMENT . 13
(e) (1) Except as provided in paragraph (2) of this subsection, a health officer 14
for a county and the Baltimore City Commissioner of Health may authorize the county 15
health department to retain all collections, including any unspent balance at the end of a 16
fiscal year, received from: 17
(i) Fees authorized under this article; 18
(ii) Fees authorized under the Environment Article; and 19
(iii) Fees derived from charges authorized under Title 16, Subtitle 2 20
of this article. 21
(2) The authority to retain collections under paragraph (1) of this 22
subsection does not apply: 23
(i) To license fees set by a county governing body or Baltimore City 24
and paid to the chief financial officer of the county or Baltimore City as authorized under 25
State law; 26
(ii) To fees that must be transferred to the General Fund under § 27
4–217(c) of this article from the fees collected for each birth certificate issued or report 28
issued that a search was made but the requested record is not on file; or 29
(iii) If the retention of collections would be inconsistent with 30
established local practice. 31
(3) Each health officer for a county and the Baltimore City Commissioner 32
of Health shall report annually to the Secretary on the use of collections retained under 33
paragraph (1) of this subsection. 34
4 SENATE BILL 971
(F) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A HEALTH 1
OFFICER FOR A COUNTY M AY SERVE ON THE BOAR D OF A HOSPITAL IN T HE STATE IF 2
THE HEALTH OFFICER D OES NOT ACCEPT PAYME NT FOR THE HEALTH OFFICER ’S 3
SERVICE ON THE BOARD . 4
(G) IF THE DEPARTMENT PROCURES A SYSTEM FOR COLLECTIN G AND 5
STORING ELECTRONIC H EALTH RECORDS , AS DEFINED UNDER § 19–142 OF THIS 6
ARTICLE, THE DEPARTMENT SHALL NOTI FY EACH HEALTH OFFIC ER FOR A COUNTY 7
AND OFFER THE COUNTY HEALTH DEPARTMENT TH E OPPORTUNITY TO JOI N THE 8
PROCUREMENT . 9
[(f)] (H) The Secretary may delegate duties, powers, and functions as provided 10
in this article to a health officer for a county or other county official authorized to 11
administer and enforce health and environmental laws. 12
SUBTITLE 25. HEALTH CARE WORKFORCE DATA CLEARINGHOUSE . 13
24–2501. 14
IN THIS SUBTITLE, “PUBLIC HEALTH WORKFORCE ” MEANS THE STAFF OF : 15
(1) THE PUBLIC HEALTH SERVICES ADMINISTRATION ; 16
(2) A LOCAL HEALTH DEPARTM ENT; OR 17
(3) THE DEPARTMENT OF THE ENVIRONMENT WHO FOCUS ON 18
COMMUNITY AND POPULA TION HEALTH EFFORTS . 19
24–2502. 20
IF THE DEPARTMENT CREATES A HEALTH CARE WORKFORC E DATA 21
CLEARINGHOUSE , THE CLEARINGHOUSE SHALL INCLUDE DATA R ELATED TO THE 22
PUBLIC HEALTH WORKFO RCE. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2025. 25