Title 13. Miscellaneous Health Care Programs — Subtitle 10. Tobacco Use Prevention and Cessation Program
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 13-1001 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1001LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Administrative Component” means the component of the Program that is established under § 13-1014 of this subtitle.
(c)
“Baseline Tobacco Study” means the study that is conducted under § 13-1003 of this subtitle.
(d)
“Cigarette Restitution Fund” means the fund that is established under § 7-317 of the State Finance and Procurement Article.
(e)
“Community Health Coalition” means a coalition established under § 13-1008(b)(1) of this subtitle.
(f)
“Comprehensive Plan for Tobacco Use Prevention and Cessation” means a plan that is developed under § 13-1008(b)(2) of this subtitle.
(g)
“Counter-Marketing and Media Component” means the component of the Program that is established under § 13-1013 of this subtitle.
(h)
“County” includes Baltimore City.
(i)
“Local health officer” means:
(1)
The head of a county health department; or
(2)
A person designated by the Department under § 13-1008(g) of this subtitle.
(j)
“Local Public Health Component” means the component of the Program that is established under § 13-1006 of this subtitle.
(k)
“Local Public Health Tobacco Grant” means a grant distributed by the Department to a county under §§ 13-1006 through 13-1012 of this subtitle.
(l)
“Maryland Adolescent Survey” means the Maryland Adolescent Survey that is administered by the Maryland State Department of Education.
(m)
“Master Settlement Agreement” means the Master Settlement Agreement executed by the State and participating tobacco manufacturers.
(n)
“Minority individual” means a woman or an individual of African American, Hispanic, Native American, or Asian descent.
(o)
“National Public Education Fund” means the National Public Education Fund that was established under the Master Settlement Agreement.
(p)
“Program” means the Tobacco Use Prevention and Cessation Program established under § 13-1002 of this subtitle.
(q)
“Statewide Public Health Component” means the component of the Program that is established under § 13-1005 of this subtitle.
(r)
“Surveillance and Evaluation Component” means the component of the Program that is established under § 13-1003 of this subtitle.
(s)
(1)
“Targeted minority population” means a minority population to which the tobacco industry disproportionately marketed tobacco products.
(2)
“Targeted minority population” includes:
(i)
Women; and
(ii)
Individuals of African American, Hispanic, Native American, and Asian descent.
(t)
“Task Force Report” means the report entitled “Making Maryland the Tobacco Free State” that was issued in December 1999 by the Governor’s Task Force to End Smoking in Maryland.
(u)
(1)
“Tobacco product” means any product that is:
(i)
Intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:
(1)
Tobacco; or
(2)
Nicotine; or
(ii)
An accessory or component used in any manner of consumption of a product described in item (i) of this paragraph.
(2)
“Tobacco product” includes:
(i)
Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;
(ii)
Electronic smoking devices; and
(iii)
Filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.
(3)
“Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
(v)
“Uninsured individual” means an individual:
(1)
For whom the appropriate treatment is not covered by private health insurance, Medicaid, Medicare, or the Maryland Children’s Health Program; and
(2)
Who the Department determines does not have the financial means to pay for appropriate treatment.
(w)
“Youth Tobacco Survey” means the Youth Tobacco Survey developed by the Centers for Disease Control and Prevention and administered by the Department with the assistance of the Maryland State Department of Education.
Md. Code Ann., Health-Gen. § 13-1002 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1002LinkCopy Citation
(a)
There is a Tobacco Use Prevention and Cessation Program in the Department.
(b)
The purpose of the Program is to coordinate the State’s use of the Cigarette Restitution Fund to address issues relating to tobacco use prevention and cessation so as to create a lasting legacy of public health initiatives that result in a reduction of tobacco use in the State and otherwise benefit the health and welfare of the State’s residents.
(c)
The Program consists of:
(1)
A Surveillance and Evaluation Component;
(2)
A Statewide Public Health Component;
(3)
A Counter–Marketing and Media Component;
(4)
A Local Public Health Component; and
(5)
An Administrative Component.
(d)
(1)
The Program shall be funded as provided in the State budget with money from the Cigarette Restitution Fund.
(2)
The Legislative Auditor is authorized to audit the appropriations and expenditures made for the purpose of implementing the Program, including the use of any funds received by a person under any component of this Program.
(e)
(1)
The annual budget bill shall specify the amount of funding that is allocated to each component of the Program.
(2)
Except as provided in paragraph (3) of this subsection, money that is allocated to a component of the Program in the State budget:
(i)
May only be expended for the purpose for which it is appropriated; and
(ii)
May not be transferred to any other component of the Program, any other program in the Department, or any other unit of State government.
(3)
(i)
Except as provided in subparagraph (ii) of this paragraph, the Department may transfer a maximum of 10% of the total amount of money that is allocated to the Program in the State budget among components of the Program if the transfer is specifically authorized in the annual budget bill as enacted.
(ii)
The Department may not transfer money to the Administrative Component from any other component of the Program.
(iii)
If the Department transfers any money among the components of the Program as authorized under subparagraph (i) of this paragraph, the Department shall report the transfer to the Senate Budget and Taxation Committee, Senate Finance Committee, House Appropriations Committee, and House Health Committee within 60 days of the transfer.
(iv)
The Department may transfer money that is allocated to a component of the Program in the State budget to another program in the Department, or another unit of State government if the transfer is specifically authorized by:
(1)
A provision of this subtitle; or
(2)
A provision of the annual budget bill as enacted that relates specifically to the transfer of funds from that component.
(f)
(1)
Money that is allocated to a component of the Program in the State budget that remains unspent and unobligated at the end of the applicable fiscal year shall revert to the Cigarette Restitution Fund.
(2)
Money that reverts to the Cigarette Restitution Fund under paragraph (1) of this subsection shall be used to fund the Program in the fiscal year to which the next annual budget bill relates.
(3)
The Governor shall include in the next annual budget bill an appropriation for the Program that is at least equal to the amount of money that reverted to the Cigarette Restitution Fund under paragraph (1) of this subsection.
(g)
No later than January 31 of each year, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, Senate Finance Committee, House Appropriations Committee, and House Health Committee:
(1)
The amount of money that was allocated to each component of the Program during:
(i)
The prior fiscal year that remained unspent and unobligated at the end of that year; and
(ii)
The current fiscal year that remained unspent and unobligated as of December 31 of the preceding calendar year; and
(2)
The amount of money that was distributed to a county as a Local Public Health Tobacco Grant during:
(i)
The prior fiscal year that remained unspent and unobligated at the end of that year; and
(ii)
The current fiscal year that remained unspent and unobligated as of December 31 of the preceding calendar year.
(h)
The Department shall adopt regulations that establish the criteria that the Department will use to determine whether, for the purpose of qualifying as an uninsured individual under § 13–1001(v) of this subtitle, an individual has the financial means to pay for appropriate treatment.
Md. Code Ann., Health-Gen. § 13-1003 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1003LinkCopy Citation
(a)
There is a Surveillance and Evaluation Component in the Program.
(b)
The purposes of the Surveillance and Evaluation Component are to:
(1)
Collect, analyze, and monitor data relating to tobacco use and tobacco use prevention and cessation in the State;
(2)
Measure and evaluate the results of the Program, including the results of each component of the Program;
(3)
Conduct a Baseline Tobacco Study, as provided under subsections (c) through (e) of this section; and
(4)
Conduct a Tobacco Study, as provided under § 13–1004 of this subtitle.
(c)
(1)
To initiate the Surveillance and Evaluation Component, the Department shall conduct a comprehensive statewide Baseline Tobacco Study as provided under this section.
(2)
The Baseline Tobacco Study shall measure:
(i)
The number and percentage of individuals attending middle school or high school who smoke or otherwise use tobacco products, both statewide and in each county;
(ii)
The number and percentage of minority individuals attending middle school or high school who smoke or otherwise use tobacco products, both statewide and in each county;
(iii)
The number and percentage of individuals who smoke or otherwise use tobacco products, both statewide and in each county;
(iv)
The number and percentage of minority individuals who smoke or otherwise use tobacco products, both statewide and in each county;
(v)
The number and percentage of pregnant women who smoke or otherwise use tobacco products, both statewide and in each county;
(vi)
The number and percentage of households with individuals attending middle school or high school in which at least one household member who is at least 18 years old smokes tobacco products, both statewide and in each county;
(vii)
The number and percentage of individuals who, within an established amount of time before the start of the Baseline Tobacco Study, started to smoke or otherwise use tobacco products;
(viii)
The number and percentage of individuals who smoke or otherwise use tobacco on a regular basis and who, within an established amount of time before the start of the Baseline Tobacco Study, voluntarily stopped smoking or otherwise using tobacco products for a significant amount of time, as determined by the Department, both statewide and in each county; and
(ix)
Any other factor that the Department determines to be important for measuring tobacco use or evaluating whether the Program meets its objectives.
(d)
(1)
In conducting the Baseline Tobacco Study, the Department may consider any data collected after March 1, 2000, through the administration of the Maryland Adolescent Survey or the Youth Tobacco Survey.
(2)
The Maryland State Department of Education, county boards of education, and each school selected to participate in the Maryland Adolescent Survey or the Youth Tobacco Survey shall cooperate with the Department in administering the surveys.
(3)
(i)
Subject to subparagraph (ii) of this paragraph, the Maryland State Department of Education may not discontinue administration of the Maryland Adolescent Survey until after it has submitted a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly that states the reason for discontinuing the survey.
(ii)
If the Maryland State Department of Education submits a report as provided under subparagraph (i) of this paragraph, it may discontinue the Maryland Adolescent Survey in the first school year that begins after the report has been submitted.
(e)
(1)
Subject to paragraphs (2) through (4) of this subsection, the Department shall contract with a higher education institution or private entity to conduct the Baseline Tobacco Study.
(2)
The Department shall issue a request for proposal to select the entity that will conduct the Baseline Tobacco Study.
(3)
The request for proposal shall require that any methodology or model that is used by the entity to conduct the Baseline Tobacco Study, any data collected under the Study, and any electronic files, codes, and definitions relating to the Study be provided to the State for use in subsequent studies, regardless of whether the subsequent studies are conducted by the same entity.
(4)
The Department may contract with an entity to conduct the Baseline Tobacco Study and one or more biennial tobacco studies as required under § 13–1004 of this subtitle.
(5)
(i)
The Department shall use the criteria established in subparagraph (ii) of this paragraph as a guide in administering the request for proposal process for the Baseline Tobacco Study.
(ii)
The Department shall give preference to an entity that:
(1)
Is a Maryland–based vendor;
(2)
Has previous work experience relating to tobacco or health activities;
(3)
Has previous work experience relating to youth and adolescents;
(4)
Demonstrates a capability for innovative activities and use of state–of–the–art technologies;
(5)
Has demonstrated the ability to provide culturally–specific and effective services to targeted minority populations;
(6)
Has previous work experience with the public sector;
(7)
Demonstrates performance in the specific content area for at least 3 years;
(8)
Has previous work experience with rural or urban communities;
(9)
Will maximize the use of State funds through the use of preexisting materials, funding partnerships, and resource matching; and
(10)
Has no history of working for the tobacco industry.
Md. Code Ann., Health-Gen. § 13-1004 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1004LinkCopy Citation
(a)
Beginning in fiscal year 2007 and in every second year thereafter, the Department shall conduct a Tobacco Study which shall measure the same factors that are set forth in § 13–1003(c) of this subtitle and use the same methodology or model that was used for the Baseline Tobacco Study.
(b)
To carry out the evaluation and surveillance functions of this subtitle, the Department may conduct any other tobacco study measuring the factors set forth in § 13–1003(c) of this subtitle and using a methodology or model that is consistent with but need not be identical to that used to conduct the Baseline Tobacco Study.
(c)
(1)
Subject to paragraphs (2) through (4) of this subsection, the Department shall contract with a higher education institution or private entity to conduct the Biennial Tobacco Study.
(2)
The Department shall issue a request for proposal to select the entity that will conduct the Biennial Tobacco Study.
(3)
The Department may contract with an entity to conduct one or more biennial tobacco studies.
(4)
The Department shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in administering the request for proposal process.
(d)
On or before May 31 of each even–numbered fiscal year, beginning in fiscal year 2008, the Department shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on:
(1)
The results of the Biennial Tobacco Study; and
(2)
Beginning in fiscal year 2024, a State– and county–level data summary and trends report on data collected under § 7–420 of the Education Article.
Md. Code Ann., Health-Gen. § 13-1005 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1005LinkCopy Citation
(a)
There is a Statewide Public Health Component in the Program.
(b)
The purpose of the Statewide Public Health Component is to maximize the effectiveness of the anti-tobacco initiatives in the State by authorizing the Department to take steps to ensure that the Program is implemented in a coordinated and integrated manner throughout the State.
(c)
Subject to subsections (d) and (e) of this section and as necessary to ensure a coordinated and integrated statewide effort to implement tobacco use prevention and cessation programs, the Department may develop and implement statewide anti-tobacco initiatives that are consistent with the findings and recommendations of the Task Force Report and the recommendations of the Centers for Disease Control and Prevention regarding best practices for comprehensive tobacco control programs as they relate to statewide programs, including programs that support the implementation of the Local Public Health Component.
(d)
(1)
To implement this section, the Department may issue a request for proposal, distribute a grant, or enter into a contract.
(2)
The request for proposal, grant, or contract shall state with specificity the objectives and performance criteria that will be used to measure the success of the Program to which the request for proposal, grant, or contract relates.
(3)
If the Department issues a request for proposal to select an entity to implement an initiative under this section, the Department shall use the criteria established in § 13-1003(e)(5) of this subtitle as a guide in administering the request for proposal process.
(e)
(1)
Except as provided under paragraph (2) of this subsection, the Department may not spend any of the money that is allocated to the Statewide Public Health Component in the State budget until after the Baseline Tobacco Study is completed.
(2)
(i)
Subject to subparagraph (ii) of this paragraph and before the Baseline Tobacco Study is completed, the Department may use money that is allocated to the Statewide Public Health Component in the State budget for fiscal year 2001 to distribute grants that will be used to provide outreach and start-up technical assistance to communities for the purpose of organizing participation in community health coalitions.
(ii)
The Department shall use at least $750,000 of the money that is allocated to the Statewide Public Health Component in the State budget for fiscal year 2001 to provide outreach and start-up technical assistance to African American communities in the State for the purpose of organizing participation in community health coalitions that are formed under § 13-1008(b), § 13-1109(c), or § 13-1115(b) of this title.
Md. Code Ann., Health-Gen. § 13-1006 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1006LinkCopy Citation
(a)
There is a Local Public Health Component in the Program.
(b)
The purpose of the Local Public Health Component is to maximize the effectiveness of anti-tobacco initiatives in the State by authorizing local health coalitions to develop and implement tobacco use prevention and cessation programs in coordination with the Department.
(c)
Subject to §§ 13-1007 through 13-1012 of this subtitle, the Department may distribute grants to counties for tobacco use prevention and cessation programs, including:
(1)
Community-based programs;
(2)
School-based programs which may include tobacco use prevention and cessation components of school-based health care services and programs established under §§ 7-401 and 7-415 of the Education Article; and
(3)
Programs relating to enforcement of tobacco control laws.
(d)
(1)
Except as provided under paragraph (2) of this subsection, the Department may not spend any funds that are allocated to the Local Public Health Component in the State budget until after the Baseline Tobacco Study has been completed.
(2)
Before the Baseline Tobacco Study is completed, the Department may distribute a planning grant of not more than $10,000 to each local health department.
Md. Code Ann., Health-Gen. § 13-1007 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1007LinkCopy Citation
(a)
After the Baseline Tobacco Study has been completed and before soliciting applications for Local Public Health Tobacco Grants, the Department, in consultation with the local health departments, shall:
(1)
Establish short–term and long–term tobacco use prevention and cessation goals for each county;
(2)
Establish other requirements for each county that the Department determines to be necessary to meet the goals established under paragraph (1) of this subsection; and
(3)
Provide for the distribution of Local Public Health Tobacco Grants to eligible counties based on the formula established under subsection (b) of this section.
(b)
Subject to subsections (c) through (e) of this section and §§ 13–1008 through 13–1012 of this subtitle, the Department shall distribute a Local Public Health Tobacco Grant to each county that is equal to the sum of:
(1)
A base amount of funding as determined by the Department for each county and Baltimore City;
(2)
The product of:
(i)
One–half of the amount remaining from the allocation to the Local Public Health Component in the State budget after the base amount under item (1) of this subsection is distributed to each county and Baltimore City; and
(ii)
The number of individuals in the county attending middle school or high school who smoke or otherwise use tobacco products divided by the number of individuals in the State attending middle school or high school who smoke or otherwise use tobacco products; and
(3)
The product of:
(i)
One–half of the amount remaining from the allocation to the Local Public Health Component in the State budget after the base amount under item (1) of this subsection is distributed to each county and Baltimore City; and
(ii)
The number of individuals in the county who smoke or otherwise use tobacco products divided by the number of individuals in the State who smoke or otherwise use tobacco products.
(c)
Beginning in fiscal year 2005, the calculations of the numbers of individuals smoking or using tobacco products required in subsection (b)(2)(ii) and (3)(ii) of this section shall be based on the most recent data averaged over a multiyear period as determined by the Department.
(d)
The allocation formula calculated in accordance with subsection (b) of this section for fiscal year 2005 shall remain in effect for the following 3 years and thereafter shall be recalculated every 4th year in accordance with the provisions of this section.
Md. Code Ann., Health-Gen. § 13-1008 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1008LinkCopy Citation
(a)
(1)
Subject to the other provisions of this section, a local health officer may apply to the Department for a Local Public Health Tobacco Grant.
(2)
The amount of the Local Public Health Tobacco Grant shall be determined by the Department using the formula established under § 13–1007 of this subtitle.
(b)
Before applying for a Local Public Health Tobacco Grant, a local health officer shall:
(1)
Establish a Community Health Coalition, as provided under § 13–1010 of this subtitle, or identify another coalition approved by the Department; and
(2)
With the assistance of the coalition established or identified under item (1) of this subsection:
(i)
Identify all existing tobacco use prevention and cessation programs in the county that are publicly funded;
(ii)
Evaluate the effectiveness of the publicly funded programs identified under item (i) of this paragraph; and
(iii)
Develop a Comprehensive Plan for Tobacco Use Prevention and Cessation that outlines a strategy for meeting the tobacco use prevention and cessation goals and requirements established for the county under § 13–1007 of this subtitle.
(c)
A Comprehensive Plan for Tobacco Use Prevention and Cessation shall:
(1)
Include a list of the members of the coalition established or identified under subsection (b)(1) of this section and their organizational affiliations;
(2)
Include an evaluation of any county program funded with a Local Public Health Tobacco Grant in the prior year;
(3)
Each year, after the first year of funding, demonstrate that progress has been made toward meeting the tobacco use prevention and cessation goals established for the county under § 13–1007 of this subtitle;
(4)
Include a budget plan that provides specific levels of funding for each initiative described in the Plan and an explanation as to how each initiative is expected to help meet the tobacco use prevention and cessation goals and requirements established for the county under § 13–1007 of this subtitle;
(5)
Demonstrate that the county has met the base–year funding requirement established under § 13–1011 of this subtitle;
(6)
Each year, after the first year of funding, identify all persons who received money under a Local Public Health Tobacco Grant in the prior year and state the amount of money that was received by each person under the grant;
(7)
Each year, after the first year of funding, state the amount of money that was received by a county under a Local Public Health Tobacco Grant in the prior fiscal year that remained unspent and unobligated at the end of that year;
(8)
Describe how the Plan will help to reduce tobacco use among women, minority individuals, and individuals attending middle school or high school, with particular emphasis on how the Plan seeks to address the relevant findings and recommendations of the Task Force Report;
(9)
Describe how the Plan will help to increase availability of and access to cessation programs for uninsured individuals and medically underserved populations, with particular emphasis on how the Plan seeks to address the relevant findings and recommendations of the Task Force Report;
(10)
Allocate resources in a manner that is consistent with:
(i)
The needs of different populations in the county, including targeted minority populations, as identified in the Baseline Tobacco Study and annual tobacco studies; and
(ii)
The recommendations of the Centers for Disease Control and Prevention regarding best practices for a comprehensive tobacco control program; and
(11)
Contain any data or other information required by the Department.
(d)
If a Comprehensive Plan for Tobacco Use Prevention and Cessation does not allocate resources in a manner that is consistent with the recommendations of the Centers for Disease Control and Prevention regarding best practices for a comprehensive tobacco control program, the Plan shall:
(1)
State the reason for not allocating resources in this manner; and
(2)
Identify the extent to which other resources assist the county in meeting this requirement.
(e)
A local health officer who seeks to obtain a Local Public Health Tobacco Grant shall apply to the Department by submitting a copy of the county’s Comprehensive Plan for Tobacco Use Prevention and Cessation for approval.
(f)
Each year, a local health officer, in consultation with the coalition established or identified under subsection (b)(1) of this section, shall update the Comprehensive Plan for Tobacco Use Prevention and Cessation.
(g)
(1)
The Department may designate a person other than the head of a county health department to coordinate a county’s tobacco use prevention and cessation efforts if:
(i)
The county health department is unwilling to coordinate these efforts;
(ii)
The county health department has been unsuccessful in implementing tobacco use prevention and cessation initiatives that satisfy performance standards established by the Department; or
(iii)
The county health department lacks sufficient staff or resources to coordinate these efforts.
(2)
Subject to paragraph (3) of this subsection, the Department shall establish procedures for making a designation under this subsection.
(3)
If the Department determines that it is necessary to designate a person other than the local health officer to coordinate a county’s tobacco use prevention and cessation efforts, the Department may designate the Department as the entity that will coordinate the county’s efforts.
Md. Code Ann., Health-Gen. § 13-1009 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1009LinkCopy Citation
(a)
The local health officers of two or more counties may join together as a region to apply for a Local Public Health Tobacco Grant.
(b)
The amount of the Local Public Health Tobacco Grant that is distributed to a region under subsection (a) of this section shall be equal to the sum of the Local Public Health Tobacco Grants that otherwise would have been distributed to each county under § 13–1007 of this subtitle.
(c)
If the local health officers of two or more counties join together as a region to apply for a Local Public Health Tobacco Grant, the local health officers shall act jointly to:
(1)
Develop a Comprehensive Plan for Tobacco Use Prevention and Cessation, as required under § 13–1008 of this subtitle;
(2)
Establish a Community Health Coalition, as required under § 13–1008 of this subtitle, or identify another coalition approved by the Department;
(3)
Demonstrate that the base–year funding requirement of § 13–1011 of this subtitle has been met; and
(4)
Otherwise satisfy the requirements of §§ 13–1006 through 13–1012 of this subtitle.
Md. Code Ann., Health-Gen. § 13-1010 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1010LinkCopy Citation
(a)
The membership of a Community Health Coalition established under § 13-1008(b) of this subtitle shall:
(1)
Reflect the demographics of the county; and
(2)
Include representatives of community-based groups, including minority, rural, and medically underserved populations, that, taken together, are familiar with all of the different communities and cultures in the county.
(b)
The membership of a Community Health Coalition established under § 13–1008(b) of this subtitle may include:
(1)
Representatives of:
(i)
A local management board established under Title 8, Subtitle 3 of the Human Services Article;
(ii)
The local public school system;
(iii)
Local hospitals, clinics, physicians, and other health care providers;
(iv)
Local law enforcement;
(v)
Local businesses;
(vi)
Local religious organizations;
(vii)
Local media;
(viii)
Institutions of higher education; and
(ix)
Hospitals and other entities located outside the county that could enhance the county’s tobacco use prevention and cessation efforts; and
(2)
Any other person that the local health officer believes would help the county meet the tobacco use prevention and cessation goals and requirements established for the county under § 13–1007 of this subtitle.
Md. Code Ann., Health-Gen. § 13-1011 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1011LinkCopy Citation
(a)
(1)
Before receiving a Local Public Health Tobacco Grant, a local health officer shall submit to the Department an inventory of all publicly funded tobacco use prevention and cessation programs in the county that were identified under § 13-1008(b)(2) of this subtitle.
(2)
The inventory shall specify the amount of county funds that are being spent on each of the programs included in the inventory.
(b)
The level of funding specified under subsection (a)(2) of this section shall be the county’s base-year funding for tobacco use prevention and cessation programs.
(c)
A Local Public Health Tobacco Grant may not be used to supplant a county’s base-year funding for tobacco use prevention and cessation programs.
(d)
The Department may not distribute a Local Public Health Tobacco Grant to a county unless the Department determines that the county will spend, in the applicable fiscal year, at least its base-year funding for tobacco use prevention and cessation programs.
Md. Code Ann., Health-Gen. § 13-1012 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1012LinkCopy Citation
(a)
The Department shall review a Comprehensive Plan for Tobacco Use Prevention and Cessation submitted under § 13-1008(d) of this subtitle and determine whether:
(1)
The Plan addresses the goals and requirements established for the county under § 13-1007 of this subtitle;
(2)
The Plan allocates resources in a manner that is consistent with the needs of the different populations in the county, including targeted minority populations, as identified in the Baseline Tobacco Study and biennial tobacco studies;
(3)
The Plan allocates resources in a manner that is consistent with the recommendations of the Centers for Disease Control and Prevention regarding best practices for a comprehensive tobacco control program or states a reason for not meeting this requirement and identifies other resources that, taken together, meet this requirement; and
(4)
The local health officer has complied with the other requirements of §§ 13-1007 through 13-1011 of this subtitle.
(b)
The Department may not distribute a county’s share of money for a Local Public Health Tobacco Grant, as provided under § 13-1007 of this subtitle, if the Department determines that the requirements of subsection (a) of this section have not been met.
Md. Code Ann., Health-Gen. § 13-1013 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1013LinkCopy Citation
(a)
There is a Counter–Marketing and Media Component in the Program.
(b)
The purpose of the Counter–Marketing and Media Component is to coordinate a statewide counter–marketing and media campaign to counter tobacco advertisements and discourage the use of tobacco products.
(c)
(1)
Except as provided in paragraph (2) of this subsection, the Department may not spend any money that is allocated to the Counter–Marketing and Media Component in the State budget until after the Baseline Tobacco Study is completed.
(2)
Before the Baseline Tobacco Study is completed, the Department may spend money that is allocated to the Counter–Marketing and Media Component in the State budget to conduct formative research relating to the Counter–Marketing and Media Component.
(d)
(1)
The Department may contract with a higher education institution or private entity to implement any part of the Counter–Marketing and Media Component.
(2)
If the Department determines that any part of the Counter–Marketing and Media Component should be implemented by a higher education institution or private entity, the Department shall issue a request for proposal to select the entity that will implement that part of the Component.
(3)
At a minimum, the request for proposal shall:
(i)
State with specificity the goals of the Counter–Marketing and Media Component;
(ii)
State with specificity the objectives and performance criteria that will be used to measure the success of the program to which the request for proposal relates; and
(iii)
Require that the response to the request for proposal include a plan to reach the targeted audiences identified by the Department.
(4)
If the Department issues a request for proposal to select an entity to implement any part of the Counter–Marketing and Media Component, the Department shall use the criteria established in § 13–1003(e)(5) of this subtitle as a guide in administering the request for proposal process.
(e)
To the extent practicable, the Department shall take steps to maximize the cost effectiveness of the Counter–Marketing and Media Component, including:
(1)
Using advertisements and other communications and public relations products and services that have been developed by and shown to be effective in other states;
(2)
Subject to subsection (f) of this section, using money that is allocated to the Counter–Marketing and Media Component to obtain money from the federal government, the National Public Education Fund, or any other entity; and
(3)
Coordinating the purchase of broadcast time with other states.
(f)
The Department may not accept money from the federal government, the National Public Education Fund, or any other entity if the Department is required to accept, as a condition of receiving the money, restrictions on the content of advertisements, communications, or other public relations products or services that are funded with money from the Cigarette Restitution Fund if the restrictions are inconsistent with the purposes of this subtitle.
Md. Code Ann., Health-Gen. § 13-1014 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1014LinkCopy Citation
(a)
There is an Administrative Component in the Program.
(b)
The purpose of the Administrative Component is to provide the necessary administrative structure in the Department for effective management of the Program.
(c)
Funds that are allocated to the Administrative Component in the State budget shall be used to cover administrative costs incurred by the Department in administering the Program.
(d)
Unless otherwise specified in the annual budget bill as enacted, the amount of funds that are allocated to the Administrative Component in the State budget may not exceed 7% of the total amount that is allocated to the Program in the State budget.
(e)
A county that receives funds under a Local Public Health Tobacco Grant, a person who receives funds under a Local Public Health Tobacco Grant, and any other person who receives funds under any component of the Program may not use more than 7% of the funds to cover administrative costs.
Md. Code Ann., Health-Gen. § 13-1015 (2026)
Title 13. Miscellaneous Health Care Programs
Subtitle 10. Tobacco Use Prevention and Cessation Program
§ 13–1015LinkCopy Citation
(a)
For fiscal year 2011 and fiscal year 2012, the Governor shall include at least $6,000,000 in the annual budget in appropriations for activities aimed at reducing tobacco use in Maryland as recommended by the Centers for Disease Control and Prevention, including:
(1)
Media campaigns aimed at reducing smoking initiation and encouraging smokers to quit smoking;
(2)
Media campaigns educating the public about the dangers of secondhand smoke exposure;
(3)
Enforcement of existing laws banning the sale or distribution of tobacco products to individuals under the age of 21 years;
(4)
Promotion and implementation of smoking cessation programs; and
(5)
Implementation of school–based tobacco education programs.
(b)
(1)
For fiscal years 2013 through 2021, the Governor shall include at least $10,000,000 in the annual budget in appropriations for the purposes described in subsection (a) of this section.
(2)
For fiscal years 2022 through 2026, the Governor shall include at least $18,250,000 in the annual budget in appropriations for the purposes described in subsection (a) of this section.
(3)
For fiscal year 2027 and each fiscal year thereafter, the Governor shall include at least $17,520,000 in the annual budget in appropriations for the purposes described in subsection (a) of this section.