<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="1" name="Board of Health" slug="division-1" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_12HE_DIV1BOHE">
  <section number="12-101" name="Board of Health designated" law="code" slug="sec-12-101" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_12HE_DIV1BOHE_S12-101BOHEDE">
    <level label="a">
      <text>The Council shall be the County Board of Health.</text>
    </level>
    <level label="b">
      <text>The Council, sitting as the Board of Health, shall have all the powers and duties granted to a local Board of Health under State law. It is the responsibility of the Board of Health, upon reasonable public notice and consultation with the County Health Officer, to take any action pursuant to its authority, upon determining that it is in the public interest and consistent with Section 3-202 of the Health General Article of the Annotated Code of Maryland, including but not limited to the following:</text>
      <level label="1">
        <text>Review, advise and make recommendations regarding policies related to health care facilities, health services, and public health in the County;</text>
      </level>
      <level label="2">
        <text>Review, advise and make recommendations regarding any development, enlargement or other modification of health care facilities that it determines are relevant to the County;</text>
      </level>
      <level label="3">
        <text>Review, advise and make recommendations regarding policies related to any County-funded or subsidized health clinics for the treatment and prevention of physical and mental illnesses;</text>
      </level>
      <level label="4">
        <text>Have general oversight for the health and sanitary interests of the people of the County including the investigation and study of the causes of disease, epidemics, nuisances affecting public health, prevention of contagious diseases and the preservation of health;</text>
      </level>
      <level label="5">
        <text>Promote and support policies and programs that encourage healthier lifestyles and better public health in the County, including educating the public with respect to environmental, physical and mental health;</text>
      </level>
      <level label="6">
        <text>Adopt regulations by Council resolution in furtherance of the responsibilities and objectives set forth in this Subsection; and</text>
      </level>
      <level label="7">
        <text>Enlist experts to assist in the execution of its duties.</text>
      </level>
    </level>
  </section>
  <section number="12-101.01" name="County Health Officer; appointment, qualifications and duties" law="code" slug="sec-12-101.01" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_12HE_DIV1BOHE_S12-101.01COHEOFAPQUDU">
    <level label="a">
      <text>Pursuant to the provisions of Section 3-302 of the Health-General Article of the Annotated Code of Maryland, the County governing body, consisting of the County Council and County Executive, shall establish a process by which said governing body shall nominate a candidate for County Health Officer.</text>
    </level>
    <level label="b">
      <text>The qualifications and duties of the County Health Officer shall be as set forth in Subtitle 3, Title 3, Health-General Article of the Annotated Code of Maryland.</text>
    </level>
    <level label="c">
      <text>At such time as there is a vacancy or potential vacancy in the Office of Health Officer, a committee shall be established at the direction of the County Executive. The committee shall be comprised of the County Executive or his designee and the Chairman of the Council or his designee and such other members as the Executive and Chairman agree upon. The State Secretary of Health and Mental Hygiene shall be requested to appoint an ex-officio member.</text>
      <level label="1">
        <text>The Committee shall have responsibility for the process of certification and recommendation of applicants to the position of County Health Officer, upon the occurrence of a vacancy in that office, as well as the related responsibilities of recruitment, advertising, examination and interview of potential applicants. The County Executive shall recommend one candidate to the County Council who will then be subject to approval by a majority vote of the full Council. The nominee, once approved, shall be submitted to the State Secretary of Health and Mental Hygiene, who shall make the final appointment of the nominee as Health Officer.</text>
      </level>
    </level>
  </section>
  <section number="12-101.02" name="Same; evaluation and removal" law="code" slug="sec-12-101.02" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_12HE_DIV1BOHE_S12-101.02SAEVRE">
    <level label="a">
      <text>In accordance with Section 3-302 of the Health-General Article of the Annotated Code of Maryland, the County Health Officer serves at the pleasure of the governing body, consisting of the County Council and the County Executive. The County Health Officer may be removed from office with the concurrence of the governing body of the County and the Secretary of the State Department of Health and Mental Hygiene.</text>
    </level>
    <level label="b">
      <text>The County Health Officer shall be evaluated at least annually in writing.</text>
    </level>
    <level label="c">
      <text>The County Executive shall prepare an annual evaluation of the County Health Officer according to the criteria contained in Section 16-182 of the County Code, or under State criteria for Health Officers when so adopted and the Health Officer and County Council have been advised by the Executive of its intended use, which shall, after consultation with the County Health Officer, be submitted to the County Council for review and comments.</text>
      <level label="1">
        <text>If the Council comments on the evaluation, a copy of such comments shall be delivered to the Health Officer. An Executive session shall be held with the Health Officer if so requested by the Health Officer within seven days after delivery. The evaluation and comments shall remain confidential pursuant to law. The County Council shall transmit the evaluation and comments to the County Executive, County Health Officer, and a copy to the Office of the Secretary, Maryland Department of Health and Mental Hygiene.</text>
      </level>
    </level>
  </section>
</unit>
