In this section, “lodging facility” means any:hotel or motel; rooming house; apartment house; dwelling house; or public or private institution in which individuals abide temporarily or permanently. The individual in charge of a lodging facility must report to the Commissioner anyone in the lodging facility who is suffering from any disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Unless a different time is set by the Commissioner or by State law, the report must be made within 24 hours of the individual’s being told or otherwise becoming aware of the disease or condition. City Code, 1976/83, art. 11, §§188, 189 Ord. 99-548 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

This section does not apply to a vessel that is in medical isolation. The master, chief officer, or consignee of a vessel must report to the Commissioner anyone on board who is suspected of suffering from a communicable disease. The report must be made immediately on the vessel’s coming within ¼ mile of any dock, wharf, or building in the City. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the name and location of the vessel; the name of the suspected communicable disease; and the name and condition of all individuals on board suffering from the disease. City Code, 1976/83, art. 11, §190 Ord. 99-548

If a medical laboratory performs mycobacterial drug susceptibility tests of cultures that are identified as <em>M. tuberculosis</em> and that have not been referred to the Maryland Laboratories Administration for this determination, the individual in charge of the laboratory must report the test results to the Commissioner. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of obtaining the test results. City Code, 1976/83, art. 11, §206(f) Ord. 99-548

The individual in charge of any public or private pharmacy, other than a facility operated by the Department, must report to the Commissioner of Health whenever it dispenses any anti- tuberculosis medication that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of having dispensed the medication. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the type, and strength of medication issued; the daily dosage; the dosing schedule; the total amount prescribed; the name and address of the physician who issued the prescription; and the date the medication was dispensed. The prescription of medication:is not to be considered a final diagnosis; and does not absolve the attending physician of the duty to report her or his diagnosis of the case under <cite data-path="|health|§4-201">§ 4-201 {“Physicians”} of this subtitle</cite>. City Code, 1976/83, art. 11, §211(a) - (c) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

A physician who treats a patient with tuberculosis must:thoroughly investigate all individuals who might have been exposed to the patient at home, work, or otherwise; or request the Commissioner to undertake this investigation. If the physician undertakes the investigation required by this section, the physician must report the results to the Commissioner. In addition to any other information that the Commissioner requires, the report must contain:evidence that an investigation has been thoroughly conducted; the identity of the source case; and the following information about each individual tested:the date and type of test performed; the results of the test; and the personal information listed in <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>. City Code, 1976/83, art. 11, §207(a), (b) Ord. 99-548

If a patient with a confirmed or suspected diagnosis of tuberculosis leaves a ward, emergency room, or outpatient department of a hospital or other institution without the consent or against the advice of a physician or other individual in charge, the physician or other individual in charge must notify the Commissioner of the patient’s departure. Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the patient’s departure. The Commissioner may take whatever action is needed to protect the public from that patient. City Code, 1976/83, art. 11, §208(a) Ord. 99-548

If any patient being treated for tuberculosis discontinues treatment before the period that the Commissioner sets for that treatment, the attending physician must notify the Commissioner of the discontinuance. Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the discontinuance. The Commissioner may take whatever action is needed to protect the public from that patient. City Code, 1976/83, art. 11, §210(a) Ord. 99-548

Every physician or medical examiner must report to the Commissioner if he or she believes that an individual he or she attended or examined has died of tuberculosis. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of the death or the discovery of the disease, whichever is later. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the place of death. City Code, 1976/83, art. 11, §209(a) Ord. 99-548

In this subtitle, “communicable disease” means any contagious, infectious, or communicable disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this subtitle. Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The Commissioner may investigate any report of a case or suspected case of a communicable disease or communicable disease carrier, to determine the source of infection and the need for restricting movement or isolating affected individuals. City Code, 1976/83, art. 11, §213(1st sen.) Ord. 99-548

Except as specified in paragraph (2) of this subsection, this section applies to any individual:who has or whom the Commissioner of Health suspects on reasonable grounds of having a communicable disease; who is or whom the Commissioner suspects on reasonable grounds of being a communicable disease carrier; or who is or whom the Commissioner suspects on reasonable grounds of having been in contact with any individual described in item (i) or (ii) of this subsection. This section may not be applied to interfere with any individual who is a bona fide practicing Christian Scientist and who receives treatment from registered Christian Science practitioners. On request of the Commissioner, any individual described in subsection (a) of this section must, for the purpose of determining if she or he has a communicable disease or is a carrier:undergo a medical examination; and submit specimens of body fluids, secretion, excretion, or discharge for laboratory examination. The medical examination may be made by:the Commissioner or a physician selected by the Commissioner; or at the option of the individual to be examined, any physician qualified to make this sort of examination. The examining physician must promptly report the results of the examination to the Commissioner. City Code, 1976/83, art. 11, §§213(1st sen.), 214(2nd sen.) Ord. 99-548

Whenever a communicable disease is found to exist, the Commissioner may: take all possible action to prevent the disease from spreading; and give public notice of the disease and of affected places, by all means that the Commissioner believes would be effective, including the posting of affected places. City Code, 1976/83, art. 11, §197(1st cl.) Ord. 99-548

Whenever an infectious agent is discovered in any dwelling or other building that is overcrowded, in a filthy and neglected state, or located in an unhealthy or crowded part of the City, the Commissioner, with the approval of the Mayor, may require the inhabitants of the building to move elsewhere while the City cleans and disinfects the building. All expenses incurred under this section for moving, temporary housing, cleaning, and disinfecting are to be borne by the City. City Code, 1976/83, art. 11, §194 Ord. 99-548

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may require the medical isolation of individuals having a communicable or potentially communicable disease or condition dangerous to the public health. City Code, 1976/83, art. 11, §212(1st par.(1st cl.)) Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In any court proceeding brought to enforce a medical isolation, all papers filed with the court: must be sealed; and may be inspected only by order of the court, on notice to the individual named in those papers and for good cause shown. City Code, 1976/83, art. 11, §212(2nd par.) Ord. 99-548

No person may: refuse, neglect, or otherwise fail to undergo an examination as required by § 4-403{“Examinations of individuals”} of this subtitle; remove or deface any notice posted under <cite data-path="|health|§4-404">§ 4-404 {“Action to prevent spread; public notice of disease”} of this subtitle</cite>; refuse, neglect, or otherwise fail to comply fully with an order for medical isolation issued under authority of <cite data-path="|health|§4-406">§ 4-406 {“Medical isolation”} of this subtitle</cite>; needlessly expose others to the risk of a communicable disease, whether by exposure of him- or herself, another person, a dead body, or any infected material; or otherwise, by reason of non-cooperation or carelessness, endanger the public health. City Code, 1976/83, art. 11, §§192(2nd cl.), 197(2nd cl.), 212(1st par.(2nd cl.)), 215 Ord. 99-548

Immunizations are a proven preventive measure in reducing the morbidity and mortality associated with childhood communicable diseases. Accordingly, to safeguard the public health and welfare, the City needs to attain and sustain an immunization coverage rate of at least 90% for age-appropriate vaccinations among infants and preschool children residing in the City. City Code, 1976/83, art. 11, §215A(a) Ord. 99-548

Except as specified in <cite data-path="|health|§4-506">§ 4-506 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate immunization of their minor children against all immunization-preventable childhood diseases, as specified by rule or regulation that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. City Code, 1976/83, art. 11, §199 Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In enforcing this Part II, each child who is not properly immunized as required is considered a separate offense. Ord. 99-548

In adopting rules and regulations under this Part II, the Commissioner must consider the recommendations of the Advisory Committee on Immunization Practices. Ord. 99-548

This Part II does not apply: to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices; or if, because of a child’s medical condition, the administration of an immunizing agent could precipitate a medical emergency. Ord. 99-548

The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of immunization history for children residing in the City. City Code, 1976/83, art. 11, §215A(b) Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each pediatric, family, and general health care provider must report to the Commissioner whenever that provider administers an immunizing agent to any child who is less than 5 years old and resides in the City. The report must be made within 14 days after administering the immunizing agent. City Code, 1976/83, art. 11, §215B Ord. 99-548

Any health care provider who violates any provision of this Part III or of a rule or regulation adopted under it is subject to a civil penalty of not more than $1,000 for each violation. In addition to imposing a fine, the court may:issue an order for withholding publicly distributed vaccines or pediatric primary care funding or both vaccines and funding; and order the Department to conduct a medical records audit of the health care provider, the cost of the audit to be paid by the health care provider. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part III. City Code, 1976/83, art. 11, §215C Ord. 99-548 Ord. 00-020

Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate testing for lead poisoning of his or her minor children, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every pediatric and primary care health provider must order the timely and appropriate testing for lead poisoning of his or her minor patients, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

This Part I does not apply to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices. Ord. 00-020

In enforcing this Part I, each child who is not properly tested as required is considered a separate violation. § 4-601{“Parental responsibility”} of this subtitle may be enforced by issuance of an environmental citation under <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”} of the City Code. Any provider who violates any provision of <cite data-path="|health|§4-602">§ 4-602 {“Provider’s responsibility”} of this subtitle</cite> or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part I. Ord. 00-020

The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of screening history for children residing in the City. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each medical laboratory must report to the Commissioner whenever that laboratory tests for lead poisoning any child who is less than 7 years old and who resides in the City. The report must:be made within 14 days after the test is conducted; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

In this section, “child care facility” means any facility that:provides for the care, custody, or control of a minor child; and is required to be licensed by or registered with the State for that purpose. Subject to the criteria contained in paragraph (1) of this subsection, “Child care facility” includes any:child care center; child care home; child care institution; family day care home; non-public nursery school; or non-public kindergarten. Each child care facility must report to the Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning. The report must:be made within 14 days after the State Health Inventory or other report is received by the facility; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

Any person who violates any provision of this Part II or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part II. Ord. 00-020

Every 2 years, the Health Commissioner shall test all activated water fountains at each of 10 randomly-selected public schools. Testing shall be conducted at the expense of the Baltimore City School System. Ord. 04-647

Any water fountain that fails to meet EPA standards must be taken out of service. Ord. 04-647

In this subtitle, the following terms have the meanings indicated. “Suspect symptoms” means those symptoms that, by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 of this article</cite>, the Commissioner designates as being indicative of a possible biological terrorist attack. Ord. 01-259 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Unless the Commissioner’s rules or regulations specify otherwise, each report required by this subtitle must be made daily for all events occurring within the preceding 24 hours. Each report required by this subtitle must be made electronically, by a method and in the form the Commissioner’s rules or regulations specify. Each report required by this subtitle must contain:all of the information specified in this subtitle for that report; and all other information that the Commissioner requires by rule or regulation. Ord. 01-259

The Emergency Medical System of the Baltimore City Fire Department must report to the Commissioner on all calls made to assist individuals who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of calls subject to the report; and for each of these calls, the specific suspect symptom or symptoms identified. Ord. 01-259

The Department of Public Works, the Department of Transportation, and the Health Department’s Bureau of Animal Control must report to the Commissioner on animal carcasses that the Commissioner specifies by rule or regulation. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of carcasses subject to the report; and the number of carcasses for each species. Ord. 01-259 Ord. 15-435

The Baltimore City Public School System must report to the Commissioner on all elementary school absences. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate percentage of absences Citywide; and the percentage of absences by grade. Ord. 01-259

The Baltimore City Community Health Centers must report to the Commissioner on all patients who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of patients subject to the report; and for each of these patients, the specific suspect symptom or symptoms identified. Ord. 01-259

The reporting officer of each hospital, related institution, clinic, or other health care facility, as appointed under <cite data-path="|health|§4-202">§ 4-202 of this title</cite>, must report to the Commissioner on all emergency department visits by individuals who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of patients subject to the report; and for each of these patients, the specific suspect symptom or symptoms identified. Ord. 01-259

The individual in charge of any public or private pharmacy must report to the Commissioner on all sales of any over-the-counter medication that the Commissioner designates by rule or regulation as being a medication used for the treatment of suspect symptoms. In addition to any other information required by rule or regulation, the report must specify, for each medication sold during a reporting period:the type and strength of that index medication; and the aggregate number of units sold during the reporting period. Ord. 01-259

Except as otherwise specified in this title, any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this subtitle. Ord. 99-548 Ord. 00-020

Except as otherwise specified in this title, the penalty for a violation of this title is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. City Code, 1976/83, art. 11, §187(b), inter alia Ord. 99-548 Ord. 00-020 Ord. 01-259

The penalty for a violation of <cite data-path="|health|§4-503">§ 4-503 {“Parental responsibility”} of this title</cite> is a fine of not more than $500 for each offense. City Code, 1976/83, art. 11, §204(2nd cl.) Ord. 99-548 Ord. 00-020