Health - General (GHG) — Title 3. County Boards of Health; Health Officers
Statutes in effect as of October 1, 2026.
Subtitle 1. Definitions
Md. Code Ann., Health-Gen. § 3-101 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 1. Definitions
§ 3–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“County” does not include Baltimore City.
(c)
“Health officer” does not include the Baltimore City Commissioner of Health.
Subtitle 2. County Boards of Health
Md. Code Ann., Health-Gen. § 3-201 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 2. County Boards of Health
§ 3–201LinkCopy Citation
(a)
Except as provided in subsection (b) of this section, the governing body of a county is ex officio the board of health for the county.
(b)
In a code county or charter county, the governing body is ex officio the board of health for the county, unless the governing body establishes a board of health.
Md. Code Ann., Health-Gen. § 3-202 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 2. County Boards of Health
§ 3–202LinkCopy Citation
(a)
(1)
Except as provided in paragraph (2) of this subsection, each county board of health shall exercise the duties imposed by law on a board of health.
(2)
The county board of health shall exercise those duties in each municipality or special taxing district in the county unless the municipality or district has a charter provision or ordinance that:
(i)
Covers the same subject matter;
(ii)
Is at least as restrictive as the provision that the county board is required to enforce; and
(iii)
Includes provisions for enforcement.
(b)
In addition to the other duties provided by law, each county board of health shall:
(1)
Meet in May and October of each year and at any other time the board considers necessary;
(2)
Coordinate its activities with the Department; and
(3)
Report to the Department on the sanitary conditions of the county whenever the board considers it important and necessary to do so.
(c)
(1)
Except as provided in paragraph (2) of this subsection, each county board of health may set any fee or charge in connection with its rules and regulations.
(2)
A fee or charge for a service that is provided wholly or partly with State or federal funds that the Department administers is subject to approval and modification by the Secretary.
(d)
In addition to the other powers provided by law and subject to the provisions of this article, each county board of health may adopt and enforce rules and regulations on any nuisance or cause of disease in the county.
Subtitle 3. Health Officers
Md. Code Ann., Health-Gen. § 3-301 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–301LinkCopy Citation
(a)
There is a health officer for each county.
(b)
Subsection (a) of this section does not prevent an individual from serving as a health officer for more than 1 county.
Md. Code Ann., Health-Gen. § 3-302 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–302LinkCopy Citation
(a)
The health officer for a county shall be nominated by the county and appointed by the Secretary.
(b)
(1)
The governing body of each county shall establish, by ordinance or resolution, the process by which the county nominates an individual for health officer.
(2)
If a vacancy occurs in the position of health officer for a county, the governing body shall establish a process, in consultation with the Department, for making a recommendation to the Secretary for the appointment of a health officer.
(3)
The process established under paragraph (2) of this subsection shall include the requirements for recruiting, interviewing, and recommending applicants for the position of health officer.
(c)
(1)
If the Secretary finds that a nominee meets the qualifications of this section, the Secretary shall appoint the nominee as health officer.
(2)
If the Secretary finds that the nominee does not meet the qualifications of this section, the Secretary shall reject the nomination, and the county shall provide the Secretary with another nomination.
(d)
Each health officer:
(1)
Shall have:
(i)
A master’s degree in public health and at least 2 years’ work in the field of public health; or
(ii)
At least 5 years’ work in the field of public health;
(2)
Shall have any other qualifications and training in the field of public health that the Secretary requires by rule or regulation; and
(3)
Need not be a physician, if the health officer has a deputy who:
(i)
Is a physician; and
(ii)
Meets the qualifications of this subsection.
(e)
Before taking office, each appointee to the office of health officer shall take the oath required by Article I, § 9 of the Maryland Constitution.
(f)
(1)
The health officer for a county may be removed from office with the concurrence of the governing body of that county and the Secretary.
(2)
(i)
Any information concerning the removal of a health officer from office is confidential in accordance with Title 4 of the General Provisions Article.
(ii)
Any meeting of the governing body of a county or any meeting that includes the Secretary related to the removal of a health officer from office shall be closed.
(3)
(i)
If the Secretary and the governing body concur on the removal of a health officer, the Secretary shall provide written notification to the health officer that includes:
(1)
The basis for the removal;
(2)
Documentation supporting the removal; and
(3)
Notice of the opportunity to request a hearing with the Secretary within 10 days after receipt of the written notification and information on how to request the hearing.
(ii)
If the health officer requests a hearing with the Secretary:
(1)
The Secretary promptly shall hold a hearing, provided that the hearing may not be held sooner than 10 days or later than 30 days after the Secretary sends the health officer a notice of the removal;
(2)
The health officer shall have an opportunity to be heard before the Secretary in the health officer’s defense; and
(3)
The Secretary shall make a final decision not later than 10 days after the date of the hearing.
(4)
Not later than 30 days after the Secretary makes a decision under paragraph (3) of this subsection, a health officer may request a hearing before the appropriate circuit court to ensure that the proceedings for the removal of the health officer were conducted in accordance with paragraph (3) of this subsection.
Md. Code Ann., Health-Gen. § 3-303 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–303LinkCopy Citation
(a)
If a health officer or deputy of a health officer is a physician, the health officer or deputy may practice medicine with the approval of the local governing body.
(b)
The local governing body shall notify the Secretary of its approval.
Md. Code Ann., Health-Gen. § 3-304 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–304LinkCopy Citation
(a)
The health officer for a county is entitled to:
(1)
The salary provided in the State budget;
(2)
Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget; and
(3)
Any additional salary that the county provides.
(b)
Except as otherwise provided by law, each health officer is a special appointment in the State Personnel Management System.
Md. Code Ann., Health-Gen. § 3-305 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–305LinkCopy Citation
(a)
(1)
The governing body of each county shall establish, by ordinance or resolution, the process by which the county evaluates its health officer.
(2)
The Secretary shall establish, by rule or regulation, the process by which the Secretary evaluates health officers.
(b)
(1)
At least annually, the health officer for a county shall be evaluated, in writing, by the Secretary and by the county.
(2)
The Secretary and the county each shall review their respective evaluations of a health officer with the health officer.
Md. Code Ann., Health-Gen. § 3-306 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–306LinkCopy Citation
(a)
Except as provided by agreement between the Secretary and the local governing body, and in addition to the powers and duties set forth elsewhere, each health officer has the powers and duties set forth in this section.
(b)
A health officer may obtain samples of food and drugs for analysis.
(c)
(1)
The health officer for a county is the executive officer and secretary of the county board of health.
(2)
Except in Montgomery County, the health officer for a county shall appoint the staff of the county health department.
(3)
The health officer for a county shall have an office at an accessible place in the county.
(4)
(i)
The health officer for a county shall enforce throughout the county:
(1)
Under the direction of the Secretary, the State health laws and the policies, rules, and regulations that the Secretary adopts; and
(2)
Except as provided in subparagraph (ii) of this paragraph, under the direction of the county board of health, the rules and regulations that the county board of health adopts.
(ii)
The health officer for a county shall enforce in each municipality or special taxing district in the county the rules or regulations that the county board of health adopts unless the municipality or district has a charter provision or ordinance that:
(1)
Covers the same subject matter as the county rule or regulation;
(2)
Is at least as restrictive as the county rule or regulation; and
(3)
Includes provisions for enforcement.
(5)
A health officer shall perform any investigation or other duty or function directed by the Secretary or the county board of health and submit appropriate reports to them.
(d)
(1)
Subject to the consent of the governing body of the county and the written approval of the Secretary, a health officer for a county may enter into a contract or any other written agreement to assist or participate in the delivery of health care services with a person that is authorized to provide, finance, coordinate, facilitate, or otherwise deliver health care services in the State.
(2)
If the Secretary does not respond to a request for written approval within 7 days after receiving the request, the health officer for the county may enter the contract or written agreement.
(e)
(1)
Except as provided in paragraph (2) of this subsection, a health officer for a county and the Baltimore City Commissioner of Health may authorize the county health department to retain all collections, including any unspent balance at the end of a fiscal year, received from:
(i)
Fees authorized under this article;
(ii)
Fees authorized under the Environment Article; and
(iii)
Fees derived from charges authorized under Title 16, Subtitle 2 of this article.
(2)
The authority to retain collections under paragraph (1) of this subsection does not apply:
(i)
To license fees set by a county governing body or Baltimore City and paid to the chief financial officer of the county or Baltimore City as authorized under State law;
(ii)
To fees that must be transferred to the General Fund under § 4–217(c) of this article from the fees collected for each birth certificate issued or report issued that a search was made but the requested record is not on file; or
(iii)
If the retention of collections would be inconsistent with established local practice.
(3)
Each health officer for a county and the Baltimore City Commissioner of Health shall report annually to the Secretary on the use of collections retained under paragraph (1) of this subsection.
(f)
A health officer for a county may serve on the board of a hospital in the State as a representative of a local health department only if the health officer does not accept payment for the health officer’s service on the board.
(g)
The Secretary may delegate duties, powers, and functions as provided in this article to a health officer for a county or other county official authorized to administer and enforce health and environmental laws.
Md. Code Ann., Health-Gen. § 3-306.1 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–306.1LinkCopy Citation
(a)
This section applies only in Howard County.
(b)
The Secretary shall notify the county health officer when the Department receives an application for licensure or certification for a health facility or program that will serve 16 or more individuals.
(c)
If the county health officer receives notice under subsection (b) of this section, then the county health officer shall notify the county council.
Md. Code Ann., Health-Gen. § 3-307 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–307LinkCopy Citation
(a)
In the performance of official duties, a health officer may enter and inspect any private house if the health officer:
(1)
Has obtained consent to enter and inspect;
(2)
Has obtained a warrant; or
(3)
Does not have time or opportunity to obtain a warrant and an exceptional or emergency situation exists.
(b)
In the performance of official duties, a health officer may enter any place of business or employment.
Md. Code Ann., Health-Gen. § 3-308 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–308LinkCopy Citation
If a health emergency exists, the Secretary may assign temporarily a health officer to another county or Baltimore City.
Md. Code Ann., Health-Gen. § 3-309 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–309LinkCopy Citation
Whenever necessary, the Secretary may:
(1)
Call a public conference of health officers; or
(2)
Send a delegate to any conference of health officers.
Md. Code Ann., Health-Gen. § 3-310 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 3. Health Officers
§ 3–310LinkCopy Citation
Unless otherwise provided by State law or regulation, as each reference to a county health department or local health department in the Code applies to Montgomery County, the term means the Montgomery County government.
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
Md. Code Ann., Health-Gen. § 3-401 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
§ 3–401LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
“Authorized prescriber” means a licensed registered nurse, licensed dentist, licensed physician, licensed physician’s assistant, licensed podiatrist, or other individual authorized by law to prescribe prescription or nonprescription drugs or devices.
(c)
“Committee” means the Committee on Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments.
(d)
(1)
“Device” means an item used in the diagnosis, treatment, or prevention of disease.
(2)
“Device” does not include:
(i)
Surgical or dental instruments;
(ii)
Physical therapy equipment;
(iii)
X–ray apparatuses; or
(iv)
Component parts of or accessories for any of the items described in items (i) through (iii) of this paragraph.
(e)
(1)
“Dispense” means a procedure that results in the receipt of a drug or device by a patient or a patient’s agent.
(2)
“Dispense” includes:
(i)
Interpreting an authorized prescriber’s prescription for a drug or device;
(ii)
Selecting and labeling the drug or device prescribed;
(iii)
Measuring and packaging the drug or device in accordance with State and federal law; and
(iv)
Documenting the transaction in the patient’s medical record.
(f)
“Drug” means, unless the context requires otherwise, a prescription or nonprescription drug.
(g)
“Formulary” means a list of drugs and devices.
(h)
“Nonprescription drug” means a drug that:
(1)
May be sold without a prescription; and
(2)
Is labeled for use by a consumer in accordance with State and federal law.
(i)
“Personally prepare and dispense” means to:
(1)
Physically prepare a prescription;
(2)
Perform a final check of the prescription before dispensing it to a patient; and
(3)
Not delegate any step of the dispensing process.
(j)
“Prescription drug” means a drug that, under § 21–220 of this article, may be dispensed only on the prescription of an authorized prescriber.
(k)
“Registered nurse” means an individual who:
(1)
Is licensed by the State Board of Nursing to practice registered nursing under Title 8 of the Health Occupations Article; and
(2)
Personally prepares and dispenses drugs and devices in a local health department:
(i)
In accordance with the Overdose Response Program under Title 13, Subtitle 31 of this article or the Expedited Partner Therapy Pilot Program under § 18–214.1 of this article; or
(ii)
To patients in need of communicable disease, alcohol and drug abuse, family planning, or reproductive health services.
Md. Code Ann., Health-Gen. § 3-402 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
§ 3–402LinkCopy Citation
A registered nurse shall comply with:
(1)
The formulary developed and approved under § 3–403(b) of this subtitle; and
(2)
The requirements of § 8–512 of the Health Occupations Article.
Md. Code Ann., Health-Gen. § 3-403 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
§ 3–403LinkCopy Citation
(a)
(1)
There is a Committee on Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments.
(2)
The Committee consists of the following members:
(i)
A representative of the Department, appointed by the Department;
(ii)
A representative of the State Board of Nursing, appointed by the State Board of Nursing;
(iii)
A representative of the State Board of Pharmacy, appointed by the State Board of Pharmacy;
(iv)
A representative of the State Board of Physicians, appointed by the State Board of Physicians;
(v)
A pharmacist who practices in the State, appointed by the State Board of Pharmacy;
(vi)
A registered nurse who practices in the State, appointed by the State Board of Nursing;
(vii)
A representative of the Office of Controlled Substances Administration, appointed by the Office; and
(viii)
A representative of a local health department, appointed by the Department.
(3)
(i)
The term of a member is 4 years.
(ii)
At the end of a term, a member continues to serve until a successor is appointed.
(4)
A member of the Committee:
(i)
May not receive compensation as a member of the Committee; but
(ii)
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(5)
The Secretary shall designate the chair of the Committee.
(6)
The Department shall provide staff for the Committee.
(b)
The Committee shall:
(1)
Develop and approve a formulary for use by registered nurses that includes all nonprescription contraceptive drugs and devices approved by the U.S. Food and Drug Administration for over–the–counter use; and
(2)
Annually review the formulary to ensure compliance with current prescribing standards.
Md. Code Ann., Health-Gen. § 3-404 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
§ 3–404LinkCopy Citation
A local health department that employs a registered nurse shall be subject to inspection by the Department.
Md. Code Ann., Health-Gen. § 3-405 (2026)
Title 3. County Boards of Health; Health Officers
Subtitle 4. Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments
§ 3–405LinkCopy Citation
(a)
The Department shall establish and administer a training program for registered nurses.
(b)
The training program shall be jointly developed and annually reviewed to ensure compliance with current prescribing standards by:
(1)
The Department;
(2)
The State Board of Nursing; and
(3)
The State Board of Pharmacy.