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<section article="ghg" article_name="Health - General" number="13-1013" title_number="13" title_name="Miscellaneous Health Care Programs" subtitle_number="10" subtitle_name="Tobacco Use Prevention and Cessation Program">
  <level label="a">
    <text>There is a Counter–Marketing and Media Component in the Program.</text>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The Department may contract with a higher education institution or private entity to implement any part of the Counter–Marketing and Media Component.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>At a minimum, the request for proposal shall:</text>
      <level label="i">
        <text>State with specificity the goals of the Counter–Marketing and Media Component;</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
      <level label="iii">
        <text>Require that the response to the request for proposal include a plan to reach the targeted audiences identified by the Department.</text>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>To the extent practicable, the Department shall take steps to maximize the cost effectiveness of the Counter–Marketing and Media Component, including:</text>
    <level label="1">
      <text>Using advertisements and other communications and public relations products and services that have been developed by and shown to be effective in other states;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>Coordinating the purchase of broadcast time with other states.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
</section>
