There is a health officer for each county. Subsection (a) of this section does not prevent an individual from serving as a health officer for more than 1 county.

The health officer for a county shall be nominated by the county and appointed by the Secretary. The governing body of each county shall establish, by ordinance or resolution, the process by which the county nominates an individual for health officer. 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. 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. If the Secretary finds that a nominee meets the qualifications of this section, the Secretary shall appoint the nominee as health officer. 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. Each health officer: Shall have: A master’s degree in public health and at least 2 years’ work in the field of public health; or At least 5 years’ work in the field of public health; Shall have any other qualifications and training in the field of public health that the Secretary requires by rule or regulation; and Need not be a physician, if the health officer has a deputy who: Is a physician; and Meets the qualifications of this subsection. Before taking office, each appointee to the office of health officer shall take the oath required by Article I, § 9 of the Maryland Constitution. The health officer for a county may be removed from office with the concurrence of the governing body of that county and the Secretary. Any information concerning the removal of a health officer from office is confidential in accordance with Title 4 of the General Provisions Article. 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. 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: The basis for the removal; Documentation supporting the removal; and 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. If the health officer requests a hearing with the Secretary: 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; The health officer shall have an opportunity to be heard before the Secretary in the health officer’s defense; and The Secretary shall make a final decision not later than 10 days after the date of the hearing. 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.

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. The local governing body shall notify the Secretary of its approval.

The health officer for a county is entitled to: The salary provided in the State budget; Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget; and Any additional salary that the county provides. Except as otherwise provided by law, each health officer is a special appointment in the State Personnel Management System.

The governing body of each county shall establish, by ordinance or resolution, the process by which the county evaluates its health officer. The Secretary shall establish, by rule or regulation, the process by which the Secretary evaluates health officers. At least annually, the health officer for a county shall be evaluated, in writing, by the Secretary and by the county. The Secretary and the county each shall review their respective evaluations of a health officer with the health officer.

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. A health officer may obtain samples of food and drugs for analysis. The health officer for a county is the executive officer and secretary of the county board of health. Except in Montgomery County, the health officer for a county shall appoint the staff of the county health department. The health officer for a county shall have an office at an accessible place in the county. The health officer for a county shall enforce throughout the county: Under the direction of the Secretary, the State health laws and the policies, rules, and regulations that the Secretary adopts; and 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. 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: Covers the same subject matter as the county rule or regulation; Is at least as restrictive as the county rule or regulation; and Includes provisions for enforcement. 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. 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. 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. 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: Fees authorized under this article; Fees authorized under the Environment Article; and Fees derived from charges authorized under Title 16, Subtitle 2 of this article. The authority to retain collections under paragraph (1) of this subsection does not apply: 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; 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 If the retention of collections would be inconsistent with established local practice. 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. 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. 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.

This section applies only in Howard County. 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. If the county health officer receives notice under subsection (b) of this section, then the county health officer shall notify the county council.

In the performance of official duties, a health officer may enter and inspect any private house if the health officer: Has obtained consent to enter and inspect; Has obtained a warrant; or Does not have time or opportunity to obtain a warrant and an exceptional or emergency situation exists. In the performance of official duties, a health officer may enter any place of business or employment.

If a health emergency exists, the Secretary may assign temporarily a health officer to another county or Baltimore City.

Whenever necessary, the Secretary may: Call a public conference of health officers; or Send a delegate to any conference of health officers.

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.