Notwithstanding any other provision of law, a minor who is at least 17 years old, without the consent of a parent or legal guardian, may give blood to a program that: Is voluntary; Does not pay money for the blood; and Is approved by: The American Association of Blood Banks; or The American Red Cross. Notwithstanding any other provision of law, a minor who is at least 16 years old, and has obtained the consent of a parent or legal guardian, may give blood to the programs listed in subsection (a) of this section. Consent may be obtained via telephone or electronic means.

A minor has the same capacity as an adult to consent to medical or dental treatment if the minor: Is married; Is the parent of a child; or Is living separate and apart from the minor’s parent, parents, or guardian, whether with or without consent of the minor’s parent, parents, or guardian; and Is self–supporting, regardless of the source of the minor’s income. A minor has the same capacity as an adult to consent to medical treatment if, in the judgment of the attending physician, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual. A minor has the same capacity as an adult to consent to: Treatment for or advice about drug abuse; Treatment for or advice about alcoholism; Treatment for or advice about venereal disease; Treatment for or advice about pregnancy; Treatment for or advice about contraception other than sterilization; Physical examination and treatment of injuries from an alleged rape or sexual offense; Physical examination to obtain evidence of an alleged rape or sexual offense; Initial medical screening and physical examination on and after admission of the minor into a detention center; and Treatment for the prevention of human immunodeficiency virus (HIV). The capacity of a minor to consent to treatment for drug abuse or alcoholism under subsection (c)(1) or (2) of this section does not include the capacity to refuse treatment for drug abuse or alcoholism in an inpatient or intensive outpatient alcohol or drug abuse treatment program certified under Title 8 of this article for which a parent or guardian has given consent. A minor has the same capacity as an adult to consent to psychological treatment as specified under subsection (c)(1) and (2) of this section if, in the judgment of the attending physician or a psychologist, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual. A licensed health care practitioner who treats a minor is not liable for civil damages or subject to any criminal or disciplinary penalty solely because the minor did not have capacity to consent under this section. Without the consent of or over the express objection of a minor, a licensed health care practitioner may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section, except information about an abortion.

In this section, “qualified provider” means a physician, nurse practitioner, nurse–midwife, licensed certified midwife, physician assistant, or any other individual: Who is licensed, certified, or otherwise authorized by law to practice in the State; and For whom the performance of an abortion is within the scope of the individual’s license or certification. Except as provided in subsections (c) and (d) of this section, a qualified provider may not perform an abortion on an unmarried minor unless the qualified provider first gives notice to a parent or guardian of the minor. The qualified provider may perform the abortion without notice to a parent or guardian if: The minor does not live with a parent or guardian; and A reasonable effort to give notice to a parent or guardian is unsuccessful. The qualified provider may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the qualified provider: Notice to the parent or guardian may lead to physical or emotional abuse of the minor; The minor is mature and capable of giving informed consent to an abortion; or Notification would not be in the best interest of the minor. The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice. The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be. A qualified provider may not provide notice to a parent or guardian if the minor decides not to have the abortion.

In this section, “health care provider” means an individual who is: Licensed under the Health Occupations Article; and Acting within the scope of the individual’s license to diagnose and treat mental and emotional disorders. Subject to paragraph (2) of this subsection, a minor who is 12 years old or older who is determined by a health care provider to be mature and capable of giving informed consent has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by the health care provider or a clinic. The capacity of a minor to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a health care provider or a clinic under paragraph (1) of this subsection does not include the capacity to: Refuse consultation, diagnosis, or treatment for a mental or emotional disorder for which a parent, guardian, or custodian of the minor has given consent; or Except as otherwise provided in this subtitle, if the minor is under the age of 16 years, consent to the use of prescription medications to treat a mental or emotional disorder. Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, without the consent of or over the express objection of a minor, the health care provider or, on advice or direction of the health care provider, a member of the medical staff of a hospital or public clinic may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section. Subject to paragraph (3) of this subsection, if a health care provider is on a treatment team for a minor that is headed by a physician, the physician heading the treatment team shall decide whether a parent, guardian, or custodian of the minor or the spouse of the parent should receive information about treatment needed by the minor or provided to the minor under this section. A health care provider may decide to provide information to a parent, guardian, or custodian of a minor under paragraphs (1) and (2) of this subsection unless the health care provider believes that the disclosure will lead to harm to the minor or deter the minor from seeking care. Unless the parent, guardian, or custodian of a minor consents to consultation, diagnosis, or treatment of the minor, the parent, guardian, or custodian is not liable for any costs of the consultation, diagnosis, or treatment of the minor under this section.

In this section the following words have the meanings indicated. “Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship. “Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity. “Serious family hardship” means: Death of a parent or legal guardian of the child; Serious illness of a parent or legal guardian of the child; Drug addiction of a parent or legal guardian of the child; Incarceration of a parent or legal guardian of the child; Abandonment by a parent or legal guardian of the child; or Assignment of a parent or legal guardian to active uniformed services duty. A relative providing informal kinship care for a child may consent to health care on behalf of the child if: A court has not appointed a guardian for the child or awarded custody of the child to an individual other than the relative providing informal kinship care; and The relative verifies the informal kinship care relationship through a sworn affidavit that: Meets the requirements of this section; and Is filed with the Department of Human Services, Social Services Administration. The affidavit shall include: The name and date of birth of the child; The name and address of the child’s parent or legal guardian; The name and address of the relative providing informal kinship care; The date the relative assumed informal kinship care; The nature of the serious family hardship and why it resulted in informal kinship care; and The kinship relation to the child of the relative providing informal kinship care. The affidavit shall be in the following form: I, the undersigned, am over eighteen (18) years of age and competent to testify to the facts and matters set forth herein. _______________ (name of child), whose date of birth is _____________, is living with me because of the following serious family hardship (check each that is applicable): _____ Death of father/mother/legal guardian _____ Serious illness of father/mother/legal guardian _____ Drug addiction of father/mother/legal guardian _____ Incarceration of father/mother/legal guardian _____ Abandonment by father/mother/legal guardian _____ Assignment of father/mother/legal guardian to active uniformed services duty The name and last known address of the child’s parent(s) or legal guardian is: _______________________________________ _______________________________________ _______________________________________ My kinship relation to the child is _____________________________ My address is: ______________________________________________________ Street                         Apt. No. ______________________________________________________ City            State            Zip Code I assumed informal kinship care of this child for 24 hours a day and 7 days a week on __________________ (day/month/year). The name and address of the school that the child attends is: ______________________________________________________ ______________________________________________________ I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief. ______________________________________ Signature of affiant ______________________________________ (Day/month/year) Affidavit forms that comply with subsection (d) of this section shall be made available free of charge at the offices of each county board of education and each local health department. If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care shall notify the Department of Human Services, Social Services Administration in writing within 30 days after the change occurs. The relative providing informal kinship care shall file an affidavit annually with the Department of Human Services, Social Services Administration for each year the child continues to live with the relative because of a serious family hardship. A copy of the affidavit shall be given to the health care provider that treats the child. The relative providing informal kinship care may apply on behalf of the child for all medical and public assistance entitlements for which the child may be eligible. An affidavit under this section does not abrogate the right of the parent or guardian of a child to consent to health care on behalf of the child in a future health care decision.

In this section the following words have the meanings indicated. “Phototherapy device” means any equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury. “Tanning device” means any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds. “Tanning facility” means any place where a tanning device is used for a fee, membership dues, or other compensation. This section does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health care practitioner. Paragraph (1) of this subsection may not be construed to authorize a prescription to be written for a minor for the use of a tanning device. An owner, employee, or operator of a tanning facility may not allow a minor under the age of 18 years to use a tanning device. The owner, employee, or operator of a tanning facility shall: Require appropriate documentation to verify the age of an individual before allowing the individual access to a tanning device; and Ensure that the notice developed under subsection (e) of this section is posted in a conspicuous place in the tanning facility. The Department shall develop and make available to each tanning facility a notice that includes the following information: That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tanning device; That a tanning facility owner, employee, or operator that violates one or more provisions of this section may be subject to a civil penalty; That an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and The health risks associated with tanning, including skin cancer, premature skin aging, injuries including burns, and adverse reactions when combined with certain medications, foods, and cosmetics. The Secretary may impose on a person who violates this section: For a first violation, a civil penalty not to exceed $250; For a second violation, a civil penalty not to exceed $500; and For each subsequent violation, a civil penalty not to exceed $1,000. The Secretary may adopt regulations to implement and carry out this section.

In this section the following words have the meanings indicated. “Disabled individual” means an individual with actual or potential limitations in self-care, mobility, hygiene, vocation, family role, or coping mechanisms. “Reportable condition” means a: Spinal cord injury; Stroke; Amputation; or Head injury. Each hospital shall report to the Department within 7 days of the occurrence of a reportable condition. The report shall contain the individual’s name, age, residence, the type of disability, and any additional information that the Department requires. The information collected under this section is confidential and not open to inspection nor considered a public record. The information shall only be used statistically for the use of the Department in the performance of its duties, except that the identities of individuals reported may be disclosed for research purposes in accordance with the criteria set forth in § 4–501(e) of the General Provisions Article. The report form shall be developed by the Department with input from physicians, disabled individuals, and consumer advocates. The Department shall be responsible for distributing the form to physicians and institutions. The Department shall establish a central registry to compile information about disabled individuals with reportable conditions. Within 15 days of receiving a report of an individual with a reportable condition, the Department shall notify the individual or the individual’s parent or guardian of any assistance or services that may be available from the State and of the eligibility requirements for such assistance or services. Upon request, the Department shall refer the individual to appropriate divisions of the Department and other agencies, public or private, which provide rehabilitation services for persons with reportable conditions. The Department shall make each public and private health and social agency aware of the rehabilitation information provided by the Department and advise them how to contact the Department to obtain the information. All other agencies of the State shall cooperate with the Department to provide available, appropriate rehabilitation services to an individual with a reportable condition who meets the eligibility requirements for such services.

In this section, “Alzheimer’s special care unit or program” means a secured or segregated special unit or program specifically designed for individuals with a probable or confirmed diagnosis of Alzheimer’s disease or a related disorder. An assisted living program that provides care for or offers to provide care for persons with Alzheimer’s disease or a related disorder by means of an Alzheimer’s special care unit or program, shall disclose how the form of care and treatment provided by the Alzheimer’s special care unit or program is specifically designed for the specialized care of individuals diagnosed with Alzheimer’s disease or a related disorder. At the time of licensure, an assisted living program with an Alzheimer’s special care unit or program shall send to the Department a written description of the special care unit or program. An assisted living program with an Alzheimer’s special care unit or program shall disclose the written description of the special care unit to: Any person on request; and The family or party responsible for any resident prior to admission of the resident to the Alzheimer’s special care unit or program. The description of the Alzheimer’s special care unit or program shall include: A statement of philosophy or mission; Staff training and staff job titles; Admission procedures including screening criteria; Assessment and care planning protocol; Staffing patterns; A description of the physical environment and any unique design features appropriate to support the functioning of cognitively impaired individuals; A description of activities including frequency and type; Charges to residents for services provided by the Alzheimer’s special care unit or program; Discharge procedures; Any services, training, or other procedures that are over and above those that are provided in the existing assisted living program; and Any other information that the Department may require. The Department, in consultation with the Alzheimer’s Association, the Health Facilities Association of Maryland, and Lifespan, may adopt regulations that govern the submission of disclosure materials to the Department and to consumers.

Except as provided in subsection (b) of this section, the following are not civilly liable for taking a blood sample from an individual without consent of the individual or for testing the blood sample, if the blood is taken at the request of a police officer or a sheriff or officer in a sheriff’s office for a criminal investigation: A licensed hospital. A physician. Any of the following who take the blood in the course of duties at a licensed hospital: A resident. An intern. A registered nurse. A health career technician. A person who negligently takes blood samples in a manner otherwise than according to accepted medical practices or who negligently performs tests is subject to civil liability for injury resulting from the person’s negligence.

This section applies to the use of sperm or eggs from a donor known to the individual who intends to become a parent through the use of the sperm or eggs. This section does not apply to the use of sperm or eggs donated to a tissue bank or fertility clinic by a donor who intended to remain anonymous either indefinitely or until a child that results from the use of the sperm or eggs becomes an adult. A person may not use sperm or eggs from a known donor after the donor’s death for the purpose of assisted reproduction, if: The person knows that the known donor died and did not give consent for the posthumous use of the sperm or eggs; or The donor or the individual who intends to become a parent through the use of the sperm or eggs receives any remuneration for the donation or use of the sperm or eggs. A donor’s consent to the posthumous use of the donor’s sperm or eggs given on or after October 1, 2012 is not valid unless it is: In writing; and Signed by the donor or by some other person for the donor, in the presence of the donor, and at the express direction of the donor. A person who violates this section is guilty of a misdemeanor and on conviction is subject to: For a first offense, a fine not exceeding $1,000; and For a second or subsequent offense, a fine not exceeding $5,000.

Before a physician treats any patient for any form of breast cancer, the physician shall educate the patient of alternative methods of treatment that may be medically practicable. The Maryland Department of Health shall: Provide a standardized written summary in layman’s language that: Lists all effective methods of treatment for breast cancer that may be medically practicable including surgical, radiological, chemotherapeutic, and combinations of those treatments; and Describes the advantages, disadvantages, risks, and procedures associated with each method of treatment listed; Update the standardized written summary annually; and Distribute the standardized written summary to each hospital, clinic, and physician’s office and other facility that performs treatments of breast cancer. A physician satisfies the requirements of subsection (a) of this section if: The physician provides a breast cancer patient with the standardized written summary described in subsection (b) of this section in language that the patient understands; The patient receives the standardized written summary within 5 days of the start of the treatment for breast cancer; and The patient signs a statement provided by the Maryland Department of Health acknowledging the receipt of the standardized written summary. This section does not apply if the attending physician certifies that: Treatment for breast cancer occurred within 5 days of the physician informing the patient of the diagnosis; and Treatment within this period of time was necessary to save the life of the patient. A physician who violates any provision of subsection (a) of this section is subject to the provisions of § 14–404(a)(27) of the Health Occupations Article.

Before a physician operates on a patient to insert a breast implant, the physician shall inform the patient of the advantages, disadvantages, and risks associated with a breast implantation. The Department shall: Provide a standardized written summary in layman’s language that: Contains all the information on breast implantation generally contained in the information sheet for the breast implant; and Discloses side effects, warnings, and cautions for a breast implantation operation; Update as necessary the standardized written summary; and Distribute the standardized written summary to each hospital, clinic, and physician’s office and any other facility that performs breast implantations. A physician satisfies the requirements of subsection (a) of this section if: The physician provides the breast implantation patient with the standardized written summary described in subsection (b) of this section; The patient receives the standardized written summary 5 days before the breast implantation operation; and The patient signs a statement provided by the Department acknowledging the receipt of the standardized written summary.

In this section the following words have the meanings indicated. “Center” means any facility that produces, develops, or interprets: Screening mammograms; or Diagnostic mammograms. “Center” includes a hospital, outpatient department, medical laboratory, clinic, radiology practice, office of a health care provider, or other testing facility conducting mammography testing. “Center” does not include a facility of the federal Department of Veterans Affairs. “Dense breast tissue” means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American College of Radiology. “Mammogram” means a radiographic image produced through mammography. “Mammography testing” means the imaging of the breast with ionizing radiation. On or after July 1, 1992, a person may not perform mammography testing unless: The individual performing mammography testing is qualified under Title 14 of the Health Occupations Article; and The center where the mammography testing is performed: Is accredited or has applied for accreditation under the American College of Radiology Screening Mammography Accreditation Program; and Has obtained a certificate of approval from the federal Food and Drug Administration as specified in the federal Mammography Quality Standards Act of 1992. This subsection does not apply if the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act, requires a notice regarding breast density to be included in the screening results letter that is sent to a patient. This subsection may not be construed to: Require a notice regarding breast density to be sent to a patient that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act; or Create a standard of care, obligation, or duty that provides a basis for a cause of action. Subject to paragraph (3) of this subsection, a center where mammography testing is performed shall include in a screening results letter that is sent to a patient, as required by federal law, the following notice: “This notice contains the results of your recent mammogram, including information about breast density. If your mammogram shows that your breast tissue is dense, you should know that dense breast tissue is a common finding and is not abnormal, with about half of women having dense or highly dense breasts. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of cancer. This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide whether additional screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician.”. If the Department finds significant differences between the content of the notice that is required to be provided under paragraph (2) of this subsection and current medical evidence on breast density, the Department may adopt regulations that change the content of the notice. This subsection may not be construed to create a standard of care, obligation, or duty that provides a basis for a cause of action. Subject to paragraph (3) of this subsection, a center where mammography testing is performed shall include in a screening results letter that is sent to a patient, as required by federal law, the following notice: “This notice contains the results of your recent mammogram, including information about breast arterial calcification. If your mammogram shows breast arterial calcification, you should know that breast arterial calcification is a common finding. However, breast arterial calcification may be an indicator of an increased risk of cardiovascular disease. If you have breast arterial calcifications, please discuss this with your physician to assess your cardiovascular risks and determine if additional testing may be appropriate for you. This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together you can decide whether additional screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician.”. If the Department finds significant differences between the content of the notice that is required to be provided under paragraph (2) of this subsection and current medical evidence on breast arterial calcification, the Department may adopt regulations that change the content of the notice. Notwithstanding any other provision of this title, the penalty for a violation of subsection (b) of this section may not exceed $1,000.

In this section the following words have the meanings indicated. “Biennial” means once every other year. “Clinical breast examination” means a breast examination performed by a health care professional for the purpose of detecting breast cancer. “Eligible individual” means an individual who is eligible to receive benefits under the Program in accordance with subsection (e) of this section. “Mammogram” means an X-ray examination of the breast using dedicated equipment, including X-ray tube, filter, compression device, screens, films, and cassettes, specifically for mammography that delivers an average radiation exposure of less than one rad mid-breast with two views for each breast. “Mastectomy” means the surgical removal of all or part of a breast as a result of breast cancer. “Program” means the Breast Cancer Program. The Department shall establish a Breast Cancer Program. The purpose of the Program is to: Provide at least biennial screening mammograms and clinical breast examinations to low-income, underinsured and low-income, uninsured women aged 40 years to 49 years; Provide annual screening mammograms and clinical breast examinations to low-income, underinsured and low-income, uninsured women aged 50 years and older; and Provide diagnosis and treatment for individuals who are identified by this Program as being in need. Treatment provided to a Program participant who has undergone a mastectomy shall include: Reconstruction of the breast on which the mastectomy has been performed; Surgery and reconstruction of the other breast to produce a symmetrical appearance; Prostheses; and Any physical complications related to the mastectomy. The Department shall administer the Program through the local health departments using a grant program under which a local health department makes arrangements with health care facilities to provide screening mammograms and clinical breast examinations to eligible individuals. An individual is eligible for the Program if the individual: Has a family income that does not exceed 250% of the federal poverty level; and Does not have access to health insurance coverage that covers screening mammograms and clinical breast examinations for women aged 40 years and older. For each fiscal year, the Governor shall include an appropriation of general funds to the Program in an amount not less than the amount appropriated for breast cancer screening, diagnosis, and treatment in the State budget for fiscal year 1999, subject to the availability of State funds. The Department shall: Adopt regulations necessary to implement the Program; and Work with all interested parties to assure that breast cancer screening services are available to women at least 40 years old.

In this section the following words have the meanings indicated. “Cancer research” includes research to develop and advance the understanding of cancer and the techniques and modalities effective in the prevention, cure, screening, and treatment of cancer. “Fund” means the Maryland Cancer Fund established under this section. “Income tax checkoff system” means the checkoff system established under § 2–112 of the Tax – General Article. There is a Maryland Cancer Fund. The net proceeds from contributions under the income tax checkoff system and any other donations to the Fund shall be credited to the Fund. The Secretary shall administer the Fund. The Fund shall be used only for cancer research, prevention, and treatment as provided in subsection (c) of this section. The Fund shall be maintained for the purposes stated in this section and unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State. Money expended from the Fund for cancer research, prevention, and treatment is supplemental and is not intended to take the place of funding that would otherwise be appropriated to the Department for cancer research, prevention, and treatment. All expenditures from the Fund shall be made only in accordance with an appropriation approved by the General Assembly in the annual State budget or through an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and Procurement Article. The Secretary may distribute not more than 5% of the net proceeds of the Fund to a promotional account to be used to promote further donations to the Fund. After making the distribution allowed under paragraph (1) of this subsection, the Secretary shall use the remainder of the net proceeds of the Fund only to provide grants to eligible physicians, hospitals, laboratories, educational institutions, and other organizations and persons to conduct cancer research, prevention, and treatment. On or before August 31 of each year, the Secretary shall submit a report to the General Assembly, pursuant to § 2–1257 of the State Government Article, on the administration of the Maryland Cancer Fund. The report required under this subsection shall include: The gross amount of donations to the Fund through the income tax checkoff system and otherwise; The costs of administration by the Comptroller of the income tax checkoff system; A description of promotional efforts undertaken with money from the Fund; and A detailed accounting of the use of the Fund. The Secretary shall adopt regulations to implement a Maryland Cancer Grant Program under this section.

In this section the following words have the meanings indicated. “Fund” means the Maryland Pediatric Cancer Fund established under this section. “Pediatric cancer research” includes research to develop and advance the understanding of pediatric cancer and the techniques and modalities effective in the prevention, cure, screening, and treatment of pediatric cancer. There is a Maryland Pediatric Cancer Fund. The Fund consists of: Money appropriated in the State budget to the Fund; and Any donations or other money from any other source accepted for the benefit of the Fund. The Secretary shall administer the Fund. The Fund shall be used only for pediatric cancer research and administrative expenses as provided in subsection (c) of this section. The Fund shall be maintained for the purposes stated in this section and unspent portions of the Fund shall remain in the Fund and may not revert to the General Fund of the State. Money expended from the Fund for pediatric cancer research is supplemental and is not intended to take the place of funding that would otherwise be appropriated to the Department for pediatric cancer research. All expenditures from the Fund shall be made only in accordance with an appropriation approved by the General Assembly in the annual State budget or through an approved budget amendment under §§ 7–209 and 7–210 of the State Finance and Procurement Article. For fiscal year 2023, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Fund. If $5,000,000 is not included in the annual budget bill for fiscal year 2023, then the Governor shall include in the annual budget bill for fiscal year 2024 an appropriation of $5,000,000 to the Fund. Each year, the Secretary may: Distribute funds from the Fund to a promotional account to be allocated to a State–based childhood cancer organization to be used to promote further donations to the Fund and to educate the State scientific community about the opportunities for childhood cancer research through the Fund; and Use funds from the Fund to administer the Fund, including for staff and administrative costs associated with the Commission established under § 20–121 of this title. The amounts distributed and used under subparagraph (i) of this paragraph may not exceed a total of 5% of the Fund. After making the distribution allowed under paragraph (1) of this subsection, the Secretary shall use the remainder of the Fund only to provide grants to nonprofit hospitals, educational institutions, and other nonprofit organizations to conduct pediatric cancer research. Money received from the grant program under this section may not be used to pay for institutional overhead expenses, organizational expenses, or charges that are not directly related to pediatric cancer research or expenses arising from community–based support services. On or before August 31 each year, the Secretary shall submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the administration of the Fund. The report required under this subsection shall include: A description of promotional efforts undertaken with money from the Fund; and A detailed accounting of the use of the Fund. The Secretary shall adopt regulations to implement a pediatric cancer grant program under this section.

In this section, “Commission” means the Pediatric Cancer Research Commission. There is a Pediatric Cancer Research Commission. The purpose of the Commission is to oversee the award of competitive grants from the Pediatric Cancer Fund, established under § 20–120 of this subtitle, to public and private entities in the State. The Commission consists of: The Secretary of Health, or the Secretary’s designee; and The following members appointed by the Governor: Two individuals who are adult survivors of pediatric cancer or caregivers of pediatric cancer patients, who may be identified in consultation with the American Childhood Cancer Organization; One representative of the American Childhood Cancer Organization; Four scientists with expertise in pediatric cancer research; Two advanced practice registered nurses who have experience in pediatric cancer care; and Three physicians with expertise in treating pediatric cancer patients. The term of an appointed member is 3 years. The terms of the appointed members of the Commission are staggered as required by the terms provided for members of the Commission on October 1, 2024. If a vacancy occurs during the term of an appointed member, the Governor shall appoint a successor who shall serve until the term expires. At the end of a term, a member may continue to serve only until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve more than two consecutive full terms. Each member of the Commission shall disclose to the State Ethics Commission whether the member is employed by or has a financial interest in an entity that may apply to conduct State–funded pediatric cancer research. The Governor may remove a member for neglect of duty, incompetence, misconduct, malfeasance, misfeasance, nonfeasance, or any other sufficient cause. The Governor may not remove a member for political party preference. A majority of the full authorized membership of the Commission is a quorum. The decision of the Commission shall be by a majority of the quorum present and voting. The Commission shall meet at least twice a year, at the times and places that it determines. A member of the Commission: May not receive compensation as a member of the Commission; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Commission annually shall elect a chair and vice chair from among its members. The Commission shall: Develop criteria, standards, and requirements for the review of applications for pediatric cancer research grants from the Pediatric Cancer Fund; Establish procedures and guidelines to be used in the review, evaluation, ranking, and rating of the research grant proposals; Develop criteria and a process for reviewing grant applications to ensure that each application is complete and satisfies the criteria, standards, and requirements developed by the Commission under item (1) of this subsection; Develop disclosure and recusal guidelines to be followed by members of the Commission when considering grant applications; Establish standards for the oversight of awards; and Conduct progress reviews of grant recipients. The Commission may consult with experts in performing its duties.