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<section article="ghg" article_name="Health - General" number="3-302" title_number="3" title_name="County Boards of Health; Health Officers" subtitle_number="3" subtitle_name="Health Officers">
  <level label="a">
    <text>The health officer for a county shall be nominated by the county and appointed by the Secretary.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The governing body of each county shall establish, by ordinance or resolution, the process by which the county nominates an individual for health officer.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>If the Secretary finds that a nominee meets the qualifications of this section, the Secretary shall appoint the nominee as health officer.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>Each health officer:</text>
    <level label="1">
      <text>Shall have:</text>
      <level label="i">
        <text>A master’s degree in public health and at least 2 years’ work in the field of public health; or</text>
      </level>
      <level label="ii">
        <text>At least 5 years’ work in the field of public health;</text>
      </level>
    </level>
    <level label="2">
      <text>Shall have any other qualifications and training in the field of public health that the Secretary requires by rule or regulation; and</text>
    </level>
    <level label="3">
      <text>Need not be a physician, if the health officer has a deputy who:</text>
      <level label="i">
        <text>Is a physician; and</text>
      </level>
      <level label="ii">
        <text>Meets the qualifications of this subsection.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>Before taking office, each appointee to the office of health officer shall take the oath required by Article I, § 9 of the Maryland Constitution.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>The health officer for a county may be removed from office with the concurrence of the governing body of that county and the Secretary.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Any information concerning the removal of a health officer from office is confidential in accordance with Title 4 of the General Provisions Article.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>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:</text>
        <level label="1">
          <text>The basis for the removal;</text>
        </level>
        <level label="2">
          <text>Documentation supporting the removal; and</text>
        </level>
        <level label="3">
          <text>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.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the health officer requests a hearing with the Secretary:</text>
        <level label="1">
          <text>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;</text>
        </level>
        <level label="2">
          <text>The health officer shall have an opportunity to be heard before the Secretary in the health officer’s defense; and</text>
        </level>
        <level label="3">
          <text>The Secretary shall make a final decision not later than 10 days after the date of the hearing.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
</section>
