Title 2. Maryland Department of Health — Subtitle 1
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 2-101 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–101LinkCopy Citation
There is a Maryland Department of Health, established as a principal department of the State government.
Md. Code Ann., Health-Gen. § 2-102 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–102LinkCopy Citation
(a)
The head of the Department is the Secretary of Health, who shall be appointed by the Governor with the advice and consent of the Senate.
(b)
(1)
The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.
(2)
The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.
(c)
The Secretary is entitled to the salary provided in the State budget.
Md. Code Ann., Health-Gen. § 2-103 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–103LinkCopy Citation
(a)
(1)
With the approval of the Governor, the Secretary shall appoint the following five deputy secretaries:
(i)
The Deputy Secretary for Behavioral Health;
(ii)
The Deputy Secretary for Health Care Financing;
(iii)
The Deputy Secretary for Operations;
(iv)
The Deputy Secretary for Public Health Services; and
(v)
The Deputy Secretary for Developmental Disabilities.
(2)
The deputy secretaries serve at the pleasure of the Secretary.
(3)
The deputy secretaries are entitled to the salary provided in the State budget.
(4)
The deputy secretaries have the duties provided by law or delegated by the Secretary.
(b)
(1)
The Secretary may employ a staff in accordance with the State budget.
(2)
Each deputy secretary and professional consultant is appointed by and serves at the pleasure of the Secretary.
(3)
Except as provided in paragraph (5) of this subsection or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.
(4)
The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary. As to any unit in the Department, the Secretary may delegate this authority to the head of that unit.
(5)
All personnel in the Department, Grade 18 and above, who administer or direct a program, shall:
(i)
Be in the executive service, management service, or special appointments in the State Personnel Management System; and
(ii)
Be appointed by, and serve at the pleasure of, the Secretary.
(6)
All personnel in the Department, Grade 18 and above, who administer or direct a program, shall disclose all other employment and compensation outside the Department to the Secretary. An individual under this paragraph may not be employed or receive compensation outside the Department that would create a conflict of interest, an appearance of a conflict of interest, or impair the impartiality and independence of judgment of the individual.
(c)
In determining the staff-to-resident ratio in any residential facility that the Department operates, the number of residents shall be the total of the residents who are physically present and who are on leave of 18 days or less.
Md. Code Ann., Health-Gen. § 2-104 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–104LinkCopy Citation
(a)
The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.
(b)
(1)
The Secretary may adopt rules and regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.
(2)
(i)
The Secretary shall adopt regulations, in consultation and cooperation with local governing bodies, to govern the siting of community residences for special populations funded by the Department, the Department of Housing and Community Development, the Department of Human Services, and the Department of Juvenile Services.
(ii)
Any regulations adopted shall comply with the federal Fair Housing Amendment Act of 1988.
(iii)
Prior to the adoption of any regulations proposed under this paragraph, the Secretary shall conduct a public hearing for the sole purpose of allowing all the governing bodies of each county and municipality the opportunity to review and comment on the proposed regulations.
(3)
The Secretary shall review and may revise the rules and regulations of:
(i)
Each unit in the Department that is authorized by law to adopt rules and regulations; and
(ii)
The Department.
(c)
The Secretary may create an advisory board for the Department. The Secretary shall determine the size of the advisory board. The members shall be representative of the different professional areas or fields of endeavor with which the Department is concerned.
(d)
The Secretary may create any advisory council that the Secretary considers necessary and assign appropriate functions to it.
(e)
The Secretary shall have a seal.
(f)
(1)
The Secretary is responsible for the coordination and direction of all planning that the office of the Secretary initiates.
(2)
The Secretary shall keep fully apprised of plans, proposals, and projects of each unit in the Department and, except as expressly provided otherwise, may approve, disapprove, or modify any of them.
(g)
Each unit in the Department shall report to the Secretary as provided in the rules, regulations, or written directives that the Secretary adopts.
(h)
Except as expressly provided otherwise, the Secretary may transfer, by rule, regulation, or written directive, any function, staff, or funds from any unit in the Department to the office of the Secretary or another unit in the Department. Any staff transferred to the office of the Secretary shall be provided space, equipment, and services by the unit from which it was transferred, unless the Secretary orders removal to another location for the proper and efficient functioning of that office.
(i)
The Secretary may apply for, receive, and spend grants–in–aid by the federal government or any of its agencies or any other federal funds made available to the Department for use in carrying out the powers and duties of the Secretary or the Department.
(j)
The Secretary shall pay all money collected by the Department under this article into the General Fund of this State.
(k)
(1)
The Secretary or a designee of the Secretary may subpoena any person or evidence, administer oaths, and take depositions and other testimony.
(2)
If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Secretary or designee, a court of competent jurisdiction may compel obedience to the order or subpoena or compel testimony or the production of evidence.
(3)
A witness who is subpoenaed at the request of the Secretary or designee is entitled to receive the same fees and mileage provided for by law in civil cases. However, a witness who is subpoenaed at the request of any other party is not entitled to fees or mileage, unless the Secretary or designee certifies that the testimony was material to the matter investigated. The fee and mileage paid under this subsection shall be audited and paid by this State in the same way other expenses are audited and paid and shall be charged to the general appropriation for the Department.
(l)
(1)
The Secretary or an agent or employee of the Secretary may enter, at any reasonable hour, a place of business or public premises if the entry is necessary to carry out a duty under this article or the Health Occupations Article.
(2)
A person may not deny or interfere with an entry under this subsection.
(3)
A person who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.
(m)
The Secretary shall carry out and enforce the provisions of this article, the rules and regulations of the Department, and any other provisions of law that relate to the Secretary or the Department.
(n)
(1)
The Secretary may adopt regulations establishing fees not to exceed an amount sufficient to cover the administrative costs associated with:
(i)
Inspections or investigations carried out under this article; and
(ii)
Permits, licenses, certifications, or registrations issued under this article.
(2)
The Secretary may waive all or part of any fee established under this subsection.
(o)
(1)
The Secretary shall designate an agricultural ombudsman.
(2)
The agricultural ombudsman shall:
(i)
Serve as the primary point of contact for individuals involved in agriculture who interact with the Department; and
(ii)
Provide information regarding departmental regulations relating to on–farm food processing, on–farm food preparation, and other on–farm activities.
(p)
(1)
(i)
In this subsection the following words have the meanings indicated.
(ii)
“Alternative workweek” means a work schedule for an employee of a State facility under which the employee may work less than 40 hours in a week.
(iii)
“State facility” means a health care facility that is:
(1)
Owned or operated by the Department; and
(2)
Open 24 hours a day and 7 days a week.
(2)
Beginning May 1, 2021, the Secretary may authorize an employee of a State facility to work according to an alternative workweek if the alternative workweek is consistent with:
(i)
Any applicable collective bargaining memorandum of understanding; or
(ii)
If the employee is not covered by an applicable collective bargaining memorandum of understanding, any other written agreement.
(3)
An employee of a State facility who works an alternative workweek as authorized under paragraph (2) of this subsection shall be considered a full–time employee of the State, notwithstanding any other provision of law.
Md. Code Ann., Health-Gen. § 2-104.1 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–104.1LinkCopy Citation
(a)
Before procuring a system for collecting and storing electronic health records, as defined in § 19–142 of this article, the Department shall consult with local health departments to assess the necessary qualities of an electronic health records system.
(b)
If the Department procures a system for collecting and storing electronic health records, the Department shall notify each health officer for a county and offer the county health department the opportunity to join the procurement.
Md. Code Ann., Health-Gen. § 2-105 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–105LinkCopy Citation
(a)
The Secretary shall establish general policy for, and adopt standards to promote and guide the development of, the physical and mental health services of this State and its subdivisions.
(b)
The Secretary is responsible for the health interests of the people of this State and shall supervise generally the administration of the health laws of this State and its subdivisions.
(c)
The Secretary shall adopt and revise as necessary a State health improvement plan that includes the following:
(1)
A description of the components that should comprise the health care system;
(2)
The goals and policies for Maryland’s health care system;
(3)
Identification of unmet needs and excess services for facilities and services not regulated by the certificate of need program; and
(4)
An assessment of the financial resources required and available for the health care system.
Md. Code Ann., Health-Gen. § 2-106 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–106LinkCopy Citation
(a)
The following units are in the Department:
(1)
Anatomy Board.
(2)
Behavioral Health Administration.
(3)
Developmental Disabilities Administration.
(4)
Health Services Cost Review Commission.
(5)
Maryland Psychiatric Research Center.
(6)
Office of the Chief Medical Examiner.
(7)
Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists.
(8)
Board of Chiropractic Examiners.
(9)
Board of Dental Examiners.
(10)
Board of Dietetic Practice.
(11)
Board of Electrologists.
(12)
Board of Morticians and Funeral Directors.
(13)
Board of Nursing.
(14)
Board of Long–Term Care Administrators.
(15)
Board of Occupational Therapy Practice.
(16)
Board of Examiners in Optometry.
(17)
Board of Pharmacy.
(18)
Board of Physical Therapy Examiners.
(19)
Board of Physicians.
(20)
Board of Podiatric Medical Examiners.
(21)
Board of Professional Counselors and Therapists.
(22)
Board of Examiners of Psychologists.
(23)
Board of Social Work Examiners.
(24)
Acupuncture Board.
(25)
Board of Massage Therapy Examiners.
(26)
Board for Certification of Residential Child Care Program Professionals.
(27)
Board of Environmental Health Specialists.
(b)
The Department also includes every other unit that is in the Department under any other law.
(c)
The Secretary has the authority and powers specifically granted to the Secretary by law over the units in the Department. All authority and powers not so granted to the Secretary are reserved to those units free of the control of the Secretary.
Md. Code Ann., Health-Gen. § 2-107 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–107LinkCopy Citation
(a)
The Attorney General is legal adviser to the Department.
(b)
The Attorney General shall assign to the Department the number of assistant attorneys general authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel. The Attorney General also shall designate an assistant attorney general as counsel to the Department.
(c)
The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant attorneys general assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
Md. Code Ann., Health-Gen. § 2-108 (2026)
Title 2. Maryland Department of Health
Subtitle 1
§ 2–108LinkCopy Citation
(a)
On the Secretary’s initiative or on request of a community or voluntary, nonprofit organization, the Secretary may conduct a survey to identify any area in this State that has a substantial deficiency in general or specific medical or health care facilities, staff, or services.
(b)
In cooperation with appropriate county and State groups, the Secretary may provide the community or organization with counsel and other help to establish medical or health care facilities or services and to recruit medical or health care staff in an underserved area identified as a result of the survey conducted in accordance with subsection (a) of this section.
(c)
If the counsel and other help provided under subsection (b) of this section do not result in feasible or successful proposals, or if other action is necessary to assure the public health of the underserved area, the Secretary may:
(1)
Provide the needed health care facilities, staff, or services by contract with one or more physicians, hospitals, or other medical groups or personnel; or
(2)
To facilitate the provision of State health care services to the underserved area, approve a contract or other written arrangement with a public or private health care entity, including:
(i)
A federally qualified health center;
(ii)
A health care facility, as defined in § 19–114 of this article;
(iii)
A health benefit plan or insurance carrier;
(iv)
A health maintenance organization;
(v)
A managed care organization; and
(vi)
Any other entity that finances the provision of or delivers health care services to the area.