There is a Department of Health, as established in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§54">Article VII, § 54 of the City Charter</cite>.
Ord. 99-548
The head of the Department is the Commissioner of Health, who is appointed as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§55">Article VII, § 55 of the City Charter</cite>.
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The Commissioner may appoint deputies, assistants, professional employees, and other officers and employees as provided in the Ordinance of Estimates.
While on duty, all officers and employees of the Department must have and, on request, display official identification denoting their employment.
City Code, 1976/83, art. 11, §3
Ord. 99-548
There is a Suicide Prevention Coordinator within the Health Department.
The Suicide Prevention Coordinator shall:collaborate with system partners to support behavioral health system management; and
work to prevent suicides and mental health crises.
The Suicide Prevention Coordinator is authorized to:reach out to community organizations, groups and agencies to inform them about available resources regarding suicide prevention;
coordinate and provide suicide prevention trainings and trainings regarding the relationship between trauma and suicide as needed;
carry out new public awareness prevention strategies;
distribute resource materials as appropriate;
generally collaborate with:the State Behavioral Health Administration’s Office of Suicide Prevention;
the Baltimore Police Department;
the Fire Department;
local emergency departments;
Baltimore Crisis Response;
the Baltimore City Public School System;
academic partners;
people with mental health conditions; and
other local agencies and services;
collaborate with the Health Department’s Child Fatality Review team and the Health Department’s Maternal Mortality Review team to develop and implement prevention plans;
collaborate with emergency departments, pediatricians, primary care physicians, the Baltimore City Public School System, and colleges and universities to encourage screening for suicidality and to establish continuity of care for patients at risk of suicide;
develop and coordinate a data collection and analysis plan to determine trends regarding suicides and suicide attempts;
develop a plan of action to reduce suicides in Baltimore City;
provide consultations to mental health, school, juvenile, and social services professionals;
represent the Health Department in interagency meetings and committees;
support system accountability to ensure that services are responsive to the behavioral health needs of Baltimore City residents;
work with diverse populations in Baltimore City to actively decrease stigma associated with mental health; and
fulfill other related duties as assigned by the Health Commissioner.
The Health Commissioner may elect to contract with the local behavioral health authority to fill the Suicide Prevention Coordinator position.
Ord. 21-063
This section was enacted by Ord. 21-063, effective July 1, 2022.
Under <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§56">Article VII, § 56 of the City Charter</cite>, the Commissioner has the general care of and responsibility for:
enforcing all laws for the preservation of the health of the inhabitants of the City;
the study and prevention of disease, epidemics, and nuisances affecting public health; and
establishing and implementing policies for:treating and preventing physical and mental illnesses; and
educating the public about environmental, physical, and mental health.
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In addition to any duties set forth elsewhere, the Commissioner has the following duties:
to observe and inspect areas in and near the City that might be health hazards;
to enforce all laws relating to health and the correction of health hazards;
in the absence of a law needed to correct a health hazard, to report and recommend to the Mayor any extraordinary action needed;
to investigate and report all cases of communicable diseases and take immediate action to stop their spread;
to remove and abate nuisances; and
to report to and advise the Mayor and other City authorities on all matters relating to the preservation of the health of the people.
City Code, 1976/83, art. 11, §1(exc. last cl.)
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Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner may adopt and enforce rules and regulations to carry out <cite data-path="|health">this article</cite>.
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Text Conformed 03/10/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
The Commissioner may, at all reasonable times, enter any structure or premises within the City:whenever the Commissioner has reason to believe that a health hazard, nuisance, or violation of <cite data-path="|health">this article</cite> exists in or is emanating from that structure or premises;
to inspect any property, facilities, equipment, operations, animals, records, or other things required or authorized by <cite data-path="|health">this article</cite> to be inspected; or
otherwise as necessary or appropriate to enforce <cite data-path="|health">this article</cite>.
In this subsection, “dwelling” has the meaning stated in <cite data-path="|health|§5-301|(b)">§ 5-301(b) of this article</cite>.
The entry and inspection of a dwelling must be made in accordance with § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>.
A search warrant must be obtained in accordance with § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, except as otherwise specified in that section.
City Code, 1976/83, art. 11, §26(e), inter alia, art. 11, §105, art. 19, §9
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Ord. 02-475
Ord. 13-093
On notice from the Commissioner, any practicing physician in the City must provide information, advice, and assistance to the Commissioner in all matters that relate to the preservation of the health of the people and the prevention of communicable diseases.
City Code, 1976/83, art. 11, §1(last cl.)
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Baltimore City Police Officers are directed to execute all orders of the Commissioner that relate to the preservation of the health in the City.
City Code, 1976/83, art. 11, §4
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No person may knowingly obstruct, resist, or interfere with the Commissioner or any officer or employee of the Department while carrying out their powers and duties.
City Code, 1976/83, art. 11, §5(1st cl.)
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No person may, without authority to do so:
use any identification issued to employees of the Department; or
otherwise represent him- or herself as an employee of the Department.
City Code, 1976/83, art. 11, §3(3rd par., 1st cl.)
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No person may refuse, neglect, or otherwise fail to comply with any order or notice issued under <cite data-path="|health">this article</cite> by or under the authority of the Commissioner.
City Code, 1976/83, art. 11, §6(1st cl.)
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Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this Part III.
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Except as otherwise specified in this Part III, the penalty for a violation of this subtitle is a fine of not more than $500 for each offense.
City Code, 1976/83, art. 11, §3(3rd par.(last cl.)), §5(last cl.)
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Unless a higher penalty is specified in <cite data-path="|health">this article</cite> for the same offense, the penalty for a violation of <cite data-path="|health|§2-207">§ 2-207 {“Failure to comply with order or notice”} of this subtitle</cite> is a fine of not more than $200 for each offense, plus $50 for each day that the offense continues.
City Code, 1976/83, art. 11, §6(last cl.)
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Except as otherwise specified in <cite data-path="|health">this article</cite>, this subtitle applies whenever:a person is aggrieved by a notice, order, decision, or other action of the Department; or
the Department proposes to deny, revoke, suspend, or refuse to renew a license or permit.
This subtitle does not apply to matters that:relate to the Health Department’s Office of Animal Control, or
otherwise arise under Title 10 {“Animal Control and Protection”} of <cite data-path="|health">this article</cite>.
Ord. 99-548
Ord. 15-322
Before the Commissioner takes any final action to deny, revoke, suspend, or refuse to renew a license or permit, the Commissioner must notify the person against whom the action is contemplated of the proposed action.
The notice must:be in writing; and
state that a hearing will be provided if, within 10 days of the notice (or any longer period specified in the notice), the person files with the Commissioner a written request for a hearing.
In all other situations, any person aggrieved by a notice, order, decision, or other action of the Department may request a hearing on the matter.
The request must:be in writing;
state the grounds on which the person is contesting the notice, decision, order, or other action; and
unless a different time is specified in <cite data-path="|health">this article</cite>, be filed with the Commissioner within 10 days of the notice, decision, order, or other action.
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Hearings may be conducted by:the Commissioner; or
a hearing officer designated by the Commissioner.
The Commissioner may delegate to a hearing officer the authority to issue:proposed or final findings of fact;
proposed or final conclusions of law;
proposed or final findings of fact and conclusions of law;
proposed or final orders; or
the final administrative decision of the Department.
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The Commissioner must provide all parties reasonable written notice of the hearing.
The notice must state:the date, time, place, and nature of the hearing;
the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative;
the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|health|§2-305">§ 2-305 of this subtitle</cite>; and
that failure to appear for the scheduled hearing may result in an adverse action against the party.
Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and
conducted in an orderly but informal manner.
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Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.
On a genuine issue of fact, a party is entitled to:call witnesses;
offer evidence, including rebuttal evidence;
cross-examine any witness that another party or the Department calls; and
present summation and argument.
The Commissioner or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;
may not exclude evidence solely on the basis that it is hearsay;
must give effect to a privilege recognized by law;
may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;
may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and
may exclude evidence that is:incompetent;
irrelevant;
immaterial; or
unduly repetitious.
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A final decision must:be in writing; and
contain separate statements of:the findings of fact;
the conclusions of law; and
the decision or order.
A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.
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A party aggrieved by a final decision under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
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Ord. 04-672