The council, sitting as the local board of health for the county, is hereby authorized and empowered to adopt and enforce all needful rules and regulations concerning sanitation for eating and drinking establishments, habitable buildings and private water supplies, within their jurisdiction, and to provide therein reasonable regulating fees and charges in connection therewith and penalties for the violation thereof; provided such rules and regulations are in addition to and not in conflict with any regulations of the state board of health or of any provisions of the Annotated Code of Maryland, 1957, as amended.
The county health officer is hereby authorized to post placards or warning signs on the premises on which a person is infected with a communicable disease dangerous to public health.
Any person, other than the county health officer or his authorized representative, who removes or defaces any placard or warning sign as provided in section 24-4 shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code.
(a) Affected persons not to handle food, etc. No person who is affected with any disease in a communicable form, or is a carrier of such disease, shall work, and no employer shall knowingly require or permit such person to work, in any capacity which brings him in contact with the preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product, or in contact with any utensil, container or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink.
(b) Notice to health officer. Any employer who discovers or suspects that any person described in subsection (a) of this section employed by him has contacted any communicable disease or is a carrier of such disease shall notify the county health officer immediately.
(c) Examination, etc., of employees. Every person connected with any establishment whose work brings him in contact with the handling, preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product or utensils, containers or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink shall furnish such information, permit such physical examination or X-rays or both and submit such laboratory specimens as the county health officer may require for the purpose of determining freedom from communicable disease or infection.
(d) Penalty. Any violation of the provisions of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) in the discretion of the court. Each violation of any of the provisions of this section shall constitute a separate offense.
It shall be unlawful for any person, association or corporation to operate or maintain within the limits of the county shoe-fitting devices or machines which use fluoroscopic X-ray or radiation principles as a basis of operation.
Any violation of the provisions of this section shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each and every day or any part of a day that such violation continues shall constitute a separate offense.
The county health officer and his delegated agents are authorized on behalf of the county to petition any judge of the circuit court in equity, trial magistrate, substitute trial magistrate or judge of the people’s court of the county for an order of civil commitment of chronic alcoholics as provided in article Health-General, section 8-500 of the Annotated Code of Maryland.
(a) Statement of purpose.
(1) The purpose of this section is to start a program to inform county citizens of the need for catastrophic health insurance and to make this insurance available to citizens through an independent insurer at no cost or liability to the county.
(2) A catastrophic illness or injury may financially devastate an individual or the family of the individual because of extraordinary medical expenses. It is vitally necessary to the public health and welfare in Montgomery County that:
(A) Its citizens not be burdened with this financial cost. Most health insurance policies contain a monetary limitation on the amount of money that can be expended on a particular illness or individual. The county has enacted this section because additional insurance is not always available to citizens; and
(B) The Montgomery County government not be financially burdened by citizens who become indigent due to catastrophic health costs.
(b) Definitions.
(1) Catastrophic health insurance means a supplementary insurance contract that indemnifies a citizen for medical expenses that:
a. Result form an illness, injury, or disease; and
b. Are greater than fifty thousand dollars ($50,000.00).
(2) Citizen means any individual who lives in or works in this country for at least ninety (90) consecutive days.
(3) Insurer means an insurance company that is authorized to provide catastrophic illness insurance in this state.
(c) Responsibility of county executive. The county executive should use his best efforts to:
(1) Contract with an insurer to provide to any citizen catastrophic health insurance;
(2) Inform citizens of the availability to purchase the catastrophic health insurance plan; and
(3) Provide oversight for all contract obligations with the county.
(d) Preexisting conditions. A contract provided under this section will not be required to cover a preexisting medical condition of the citizen.
(e) The county is not liable in any way for any claims arising out of an arrangement for insurance established under this section, and the insurer must bear the cost of all claims and indemnity the county against all claims and the cost of defending against all claims in connection with an arrangement for insurance established under this section.
(f) Regulations. The county executive may adopt regulations under method (2) of section 2A-15 of this Code to implement this section.
(a) Definitions. In this Section, terms that are defined in the state Health Occupations Article have the same meaning, and the following words and phrases have the following meanings:
(1) Massage has the same meaning as “massage therapy” under § 3-5A-01 of the Health Occupations Article.
(2) Massage establishment: any business where any employee, agent or contractor who is not a certified massage therapist or registered massage practitioner under state law performs a massage.
(3) Director: The Director of the Department of Health and Human Services, or the Director’s designee.
(4) Board: the Maryland State Board of Chiropractic Examiners.
(5) Department: the Department of Health and Human Services.
(b) Scope. This Section does not apply to:
(1) an individual with a license, registration, or other approval issued by the Board to provide massage under § 3-5A-05 of the Health Occupations Article;
(2) an athletic trainer who:
(A) is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;
(B) is employed by an accredited educational institution, while performing professional duties at that institution; or
(C) is employed by a professional sports team, while treating members of that team; and
(3) a business in which every person who performs massage is a certified massage therapist or registered massage practitioner under State law.
(c) Massage establishment.
(1)
(A)
(d) Any massage establishment must have a license issued by the Director under this Section. The licensee is the owner of the establishment. If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative. The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section. If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative. The owner must not designate an individual as its representative under this subsection if the individual is not qualified to receive a manager’s license under subsection (d).
(B) The licensee or a licensed manager must be on the premises at all times while the establishment is occupied.
(C) A person must not own or operate a massage establishment without obtaining a massage establishment license. This requirement may be enforced by the Director or the Police Department.
(D) The Director or the Police Department may close an unlicensed massage establishment until the business and each person owning or operating the business obtains a license under this Section.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a massage establishment license if:
(A) the applicant meets the requirements of this Section, is qualified under standards set by Executive Regulation, and completes a license application form provided by the Director;
(B) the massage establishment facility meets minimum standards set by Executive Regulation;
(C) the applicant pays an application fee and license fee; and
(D) the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.
(3) The Director must conduct a prelicensing inspection of any massage establishment, and may conduct other inspections necessary to enforce this Section.
(4) A massage establishment must meet minimum standards set by regulation at all times.
(5) Any person who operates a massage establishment must not perform or allow another person to perform a massage unless the person who performs the massage:
(A) is a certified massage therapist or registered massage practitioner under state law; or
(B) has a valid County massage worker’s license.
(6) Any person who operates a massage establishment must permit a County police officer or the Director to enter the massage establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.
(7) Any person who operates a massage establishment must not allow a person of one gender to massage a person of another gender. This restriction does not apply of the person who performs the massage is a State-certified massage therapist or registered massage practitioner.
(8) A massage establishment license has a term of one year and must be renewed annually.
(9)
(A) A massage establishment license must not be transferred from one person to another.
(B) A massage establishment license must not be transferred from a location to another location until a license is issued for the new location.
(C) A massage establishment license applies to a single location specified in the license.
(10) If an applicant for a massage establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a massage establishment on a form provided by the Director.
(d) Massage establishment manager.
(1) The licensee, if an individual, and any person who manages a massage establishment in the absence of the licensee, including an owner’s representative designated under subsection (c)(1)(A), must obtain a massage establishment manager’s license from the Director and renew the license each year.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation. Each applicant must:
(A) complete an application form provided by the Director;
(B) submit proof of good health required by the Director;
(C) pay the application and license fee;
(D) be at least 18 years old;
(E) have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:
(i) a felony;
(ii) a crime involving moral turpitude;
(iii) violation of a controlled dangerous substances law; or
(iv) violation of any law regulating the practice of a health occupation;
(F) not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;
(G) provide a passport-size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and
(H) if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.
(e) Massage worker.
(1) Any person who performs massage for compensation and who is not a certified massage therapist or registered massage practitioner under state law must obtain a massage worker’s license from the Director and renew the license each year. An individual may apply for a license under this subsection only if the individual is expressly exempt under § 3-5A-05(a)(2) of the Health Occupations Article from the certification and registration requirements of that section.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation. Each applicant must:
(A) complete an application form provided by the Director;
(B) submit proof of good health;
(C) pay the application and license fee;
(D) be at least 18 years old;
(E) have satisfactorily completed at least 60 credit hours of education at an institution of higher education as defined by State law;
(F) have successfully completed at least 500 hours of massage training provided by an organization approved by the Board; and
(G) have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:
(i) a felony;
(ii) a crime involving moral turpitude;
(iii) violation of a controlled dangerous substances law; or
(iv) violation of any law regulating the practice of a health occupation;
(H) not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;
(I) provide a passport size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and
(J) if the applicant is not a United States citizen, provide evidence of legal presence and legal employability in the United States.
(3) A person who holds a license issued under this Section and who is not a certified massage therapist or registered massage practitioner under state law must not perform massage except as the agent or employee of a massage establishment that has a valid County license.
(4) A massage worker licensed under this subsection must only massage persons of the worker’s same gender.
(5) A massage worker’s license must not be transferred from one individual to another.
(f) Fees. The County Executive must set application and license fees by Executive Regulation under method (3) that substantially cover the cost of administering this Section.
(g) Denial or Revocation of license. The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:
(1) violates any provision of this Section;
(2) submits fraudulent information in support of a license application under this Section;
(3) is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:
(A) a felony;
(B) a crime involving moral turpitude;
(C) violation of a controlled dangerous substance law; or
(D) violation of any law regulating the practice of a health occupation;
(4) habitually uses any drug or alcoholic beverage to an extent that impairs professional performance; or
(5) is grossly negligent in the performance of massage.
(h) Notice and opportunity for hearing.
(1) Notice. After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file. Service on that person by mail is effective 3 days after mailing. The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:
(A) state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;
(B) identify the specific grounds for the Director’s findings; and
(C) set a date for a hearing on denial of the application or suspension or revocation of the license. The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.
(2) Hearing. The Director or a designee may conduct the hearing. At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence. The relevant records of the Department are part of the hearing record. Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision. That decision is final and is subject to judicial review under the Maryland rules for review of administrative decisions.
(3) Failure to appear. A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.
(4) Notice and Effective Date of Suspension or Revocation. The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files. The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued. A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first. To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license. If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.
(5) Surrender of license and security. When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.
(i) Upon receipt of notice of a license revocation or suspension, unless otherwise directed the licensee must, within 24 hours:
(1) place the license in the mail, postage prepaid, addressed to the Department; or
(2) physically deliver the license to the Department.
(j) If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section. In addition to any other penalties that may be imposed, the director or Police may:
(1) remove the revoked or suspended license from the business location; and
(2) close the place of business until the person operating the business obtains a license.
(k) Appeals.
(1) Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland rules for review of administrative decisions.
(2) The Director’s decision to deny a license must not be stayed pending appeal. Final administrative action that revokes or suspends a license may be stayed pending appeal only if:
(A) the court finds that the public health, safety, or welfare will not be endangered during the appeal; and
(B) a bond of $100,000 is posted.
(l) Penalty. A person has committed a class A violation if the person:
(A) violates any provision of this Section; or
(B) submits fraudulent information in support of a license application under this Section
(a) In this Section the following terms have the following meanings:
(1) Automated External Defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest.
(2) Business includes a for-profit or non-profit organization.
(3) Commercial fitness center means a business where members, clients, or customers engage in exercise indoors.
(4) Exercise means an activity that requires strenuous physical exertion, either to develop and maintain fitness or to compete in a sport. Exercise includes weight lifting, cardio-fitness training, aerobic fitness training, yoga, pilates, jazzercise, circuit training, spinning, and stepping. Exercise also includes playing basketball, volleyball, soccer, ice hockey, tennis, racquetball, squash, and any similar indoor sport.
(b) Every commercial fitness center must have available at all times when the center is open at least one Automated External Defibrillator in good working order and at least one staff member who is trained in its use. This requirement does not apply to any fitness center where not more than 3 persons are employed. As used in this subsection only, “employed” means that a person regularly works more than 20 hours per week.
(c)
(1)
(2) This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any Automated External Defibrillator, except as expressly provided in paragraph (2).
(2) A commercial fitness center, or any employee of a center, is not liable in connection with the use or nonuse of an Automated External Defibrillator, unless:
(A) the center has not made an Automated External Defibrillator available as this Section requires; or
(B) an employee of a center has acted with gross negligence or engaged in willful or wanton misconduct.
(d) Any violation of this Section is a class C civil violation. The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.
(e) The County Fire and Rescue Service must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise. The Department of Health and Human Services may, if requested, assist the Service in enforcing this Section.
(a) Definitions. As used in this Section, the following words and phrases have the following meanings:
Bodywork means the practice of using one’s hands or another part of the body to apply pressure on an individual’s fully clothed body or bare feet to affect the electromagnetic energy, energetic field, or energy meridians of the human body. Bodywork includes the practice of reflexology or acupressure.
Bodywork establishment means any business that advertises bodywork services or where any employee, agent, or contractor performs bodywork on an individual.
Chief means the Chief of Police or the Chief’s designee.
Director means the Director of the Department of Health and Human Services or the Director’s designee.
Licensee means an individual owner of a bodywork establishment or an individual designated by the owner if the owner is not an individual.
Sexual activity means any direct or indirect physical contact between persons intended to erotically stimulate either person or both persons or is likely to cause such stimulation. Sexual activity includes sexual intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or manual stimulation.
(b) Scope. This Section does not apply to:
(1) an individual with a license, registration, or other approval issued by the Maryland State Board of Chiropractic and Massage Therapy Examiners to provide massage under §3-5A-05 of the Health Occupations Article;
(2) an athletic trainer who:
(A) is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;
(B) is employed by an accredited educational institution, while performing professional duties at that institution; or
(C) is employed by a professional sports team, while treating members of that team; or
(3) a business in which every person who provides services is a certified massage therapist or registered massage practitioner under State law.
(c) Bodywork establishment.
(1) License required. A bodywork establishment must have a license issued by the Director under this Section. The licensee must be the owner of the establishment. If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative. The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section. If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative.
(2) Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a bodywork establishment license if:
(A) the applicant meets the requirements of this Section and completes a license application on a form provided by the Director;
(B) the bodywork establishment facility meets the minimum standards set by Executive Regulation;
(C) the applicant pays an application fee and license fee; and
(D) the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.
(3) The Director must conduct a pre-licensing inspection of any bodywork establishment, and may conduct other inspections necessary to enforce this Section.
(4) A bodywork establishment must continue to meet the minimum standards set by regulation at all times.
(5) Any person who operates a bodywork establishment must permit a County police officer or the Director to enter the bodywork establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.
(6) Any person who operates a bodywork establishment must not allow a person to perform any sexual activity with another person in the establishment.
(7) A bodywork establishment license has a term of one year and must be renewed annually.
(8) A bodywork establishment license;
(A) must not be transferred from one person to another;
(B) must not be transferred from one location to another location until a license is issued for the new location; and
(C) applies to a single location specified in the license.
(9) If an applicant for a bodywork establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a bodywork establishment on a form provided by the Director.
(d) Bodywork establishment licensee.
(1) The licensee, if an individual, or an owner’s representative designated under subsection (c)(1), must
(A) submit proof of good health required by the Director;
(B) be at least 18 years old;
(C) have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with a:
(i) felony;
(ii) crime involving moral turpitude, including solicitation, prostitution, and related crimes;
(iii) violation of a controlled dangerous substances law; or
(iv) violation of any law regulating the practice of a health occupation;
(D) not permit an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage;
(E) provide a passport-size photograph, fingerprints, and a list of the individual’s occupation or employment for the 3 years before filing the application; and
(F) if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.
(e) Executive Regulations. The Executive must adopt an Executive Regulation under Method (2) establishing the minimum standards for a bodywork establishment and the application process. The Executive must set application and license fees by Executive Regulation under Method (3) that substantially cover the cost of administering this Section.
(f) Denial or Revocation of license. The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:
(1) violates any provision of this Section;
(2) submits fraudulent information in support of a license application under this Section;
(3) is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:
(A) a felony;
(B) a crime involving moral turpitude, including solicitation, prostitution, and related crimes;
(C) violation of a controlled dangerous substance law; or
(D) violation of any law regulating the practice of a health occupation;
(4) permits an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage; or
(5) is grossly negligent in the performance of bodywork.
(g) Notice and opportunity for hearing.
(1) Notice. After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file. Service on that person by mail is effective 3 days after mailing. The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:
(A) state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;
(B) identify the specific grounds for the Director’s findings; and
(C) set a date for a hearing on denial of the application or suspension or revocation of the license. The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.
(2) Hearing. The Director or a designee may conduct the hearing. At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence. The relevant records of the Department are part of the hearing record. Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision. That decision is final, subject to judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.
(3) Failure to appear. A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.
(4) Notice and Effective Date of Suspension or Revocation. The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files. The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued. A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first. To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license. If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.
(5) Surrender of license and security. When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.
(h) Upon receipt of notice of a license revocation or suspension, unless otherwise directed, the licensee must, within 24 hours:
(1) place the license in the mail, postage prepaid, addressed to the Department; or
(2) physically deliver the license to the Department.
(i) If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section. In addition to any other penalties that may be imposed, the Director or the Chief may:
(1) remove the revoked or suspended license from the business location; and
(2) close the place of business until the person operating the business obtains a license.
(j) Appeals.
(1) Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.
(2) Except as provided in subsection (3), the Director’s decision to deny a license must not be stayed pending appeal.
(3) Final administrative action that revokes or suspends a license may be stayed pending appeal only if:
(A) the Court finds that the public health, safety, or welfare will not be endangered during the appeal; and
(B) an appropriate bond is posted.
(k) Penalty. A person has committed a class A violation if the person:
(1) violates any provision of this Section; or
(2) submits fraudulent information in support of a license application under this Section.
(a) The County Executive must develop a Strategic Plan to Achieve Food Security in Montgomery County by December 1, 2016. In developing the Strategic Plan, the Executive should consider regional, national, and global efforts to address food insecurity. The Strategic Plan must at least include:
(1) demographic and geographic information on poverty in Montgomery County;
(2) demographic and geographic information on participation in Supplemental Nutrition Assistance Program (SNAP);
(3) demographic and geographic information on participation in Women, Infants, and Children (WIC) food supplement program;
(4) participation in free and reduced meals by school;
(5) participation in other school based food programs;
(6) demographic estimates regarding food insecurity;
(7) information on the relationship between access to transportation and access to food;
(8) information on how food literacy impacts food insecurity; and
(9) a 5-year Plan, with recommended actions, that strives to reduce food insecurity. The Plan must include:
(A) recommendations to reduce food insecurity for seniors and children in the first year of the Plan; and
(B) cost estimates to implement the Plan.
(b) In developing the Strategic Plan, the Executive must consult with:
(1) the County Department of Health and Human Services;
(2) the County Department of Transportation;
(3) the County Office of Agriculture;
(4) the Regional Service Center Directors;
(5) Montgomery County Public Schools;
(6) the County Planning Department;
(7) the Office of Community Partnerships;
(8) the Montgomery County Food Council
(9) Manna Food Center;
(10) the Capital Area Food Bank;
(11) individuals who have experience with food insecurity;
(12) organizations that are geographically located throughout that County that provide emergency or sustained food assistance; and
(13) organizations that are geographically located throughout the County whose mission is to reduce and eliminate poverty in the County.
(c) By December 1 each year, the Executive must submit a report to the County Council. The annual report must:
(1) update the information required in Section 24-8C(a);
(2) include activities, accomplishments, plans, and objectives to implement the Strategic Plan;
(3) include cost estimates for the following fiscal year necessary to implement the Strategic Plan.
(d) This Section is known as the Food Security Bill.
(a) Findings.
(1) The United States Environmental Protection Agency has determined that:
(A) lead is a toxic metal that is harmful to human health;
(B) children are at a greater risk from lead exposure than adults; and
(C) there is no safe level of lead for children.
(2) MD Code, Environment, §§ 6-1501 and 6-1502 require public and nonpublic schools to:
(A) regularly test for lead in drinking water outlets located in each occupied school building;
(B) within 24 hours, prevent all physical access to water from a drinking water outlet with an elevated level of lead until the problem is mitigated; and
(C) report the results of all lead testing to the Maryland Department of the Environment.
(3) A lead level in a drinking water outlet greater than 5 parts per billion is a danger to children in public schools.
(b) Definitions. In this Section, the following words have the following meanings:
Action level means a level of lead in water, which if exceeded, requires a school to take remedial action, notification, and follow-up-sampling.
Director means the Director of the Department of Environmental Protection or the Director’s designee.
Drinking water outlet means a potable water fixture that is used for drinking or food preparation. A drinking water outlet includes:
(1) a water fountain, faucet, or tap that is used or potentially used for drinking or food preparation;
(2) an ice-making machine;
(3) a hot drink machine; and
(4) any sink that is known to be used for human consumption.
County lead limit means a lead concentration in drinking water of 5 parts per billion in a 250 milliliter first-draw.
Public school means a school operated by the Montgomery County Board of Education or a public charter school established by the Montgomery County Board of Education.
State regulations means the Code of Maryland Regulations, Title 26, Department of the Environment, Subtitle 16, Lead, Chapter 07, Lead in Drinking Water – Public and Nonpublic Schools, as amended.
(c) Action level. A public school must:
(1) complete all testing and reporting required by the State regulations;
(2) submit a copy of all test results and reports required by the State regulations to the Director; and
(3) take the remedial action, notification, and follow-up sampling required for an elevated level of lead under the State regulations for any drinking water outlet with a lead concentration that is greater than the County lead limit.