# COMAR Title 10 — Maryland Department of Health

## Subtitle 52 — Preventive Medicine

### Chapter 07 — State Advisory Council on Health and Wellness

**Authority:** Health-General Article, §§13-201—13-206, Annotated Code of Maryland

**Administrative History:** Effective date: January 29, 2018 (45:2 Md. R. 69)

#### Regulation .01 Definitions.

*COMAR 10.52.07.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Chronic disease” means a noncommunicable condition that is a major cause of sickness or disability, including, but not limited to:

    (a) Heart disease;

    (b) Cancer;

    (c) Arthritis; and

    (d) Diabetes.

  (2) “Council” means the State Advisory Council on Health and Wellness established by Health-General Article, §13-202, Annotated Code of Maryland.

  (3) “Evidence-based program” means a program that:

    (a) Engages the community in assessment and decision making;

    (b) Uses data and information systems to inform program activities;

    (c) Is based on peer-reviewed evidence;

    (d) Uses program-planning frame works;

    (e) Conducts evaluation; and

    (f) Disseminates the results of the evaluation.

  (4) “Healthy lifestyle” means behaviors that promote wellness and prevent disease including, but not limited to:

    (a) Maintaining a healthy weight;

    (b) Engaging in regular physical activity;

    (c) Refraining from smoking;

    (d) Limiting consumption of alcohol;

    (e) Reducing stress; and

    (f) Getting sufficient sleep.

  (5) “Quorum” means a majority of the full membership of the Council or of a committee.

  (6) “Secretary” means the Secretary of Health.

#### Regulation .02 Membership.

*COMAR 10.52.07.02*

A. The Council shall consist of 34 members appointed by the Secretary according to Health-General Article, §13-203, Annotated Code of Maryland.

B. A member shall:

  (1) Be a Maryland resident; or

  (2) If a qualified Maryland resident is not available to be appointed to a Council position, possess special knowledge or training required for the Council position to which they are appointed.

C. A member that is subject to term limits:

  (1) Shall serve a 4-year term;

  (2) May serve two consecutive full terms;

  (3) At the end of a term, shall continue to serve until a successor is appointed and qualifies;

  (4) If appointed after a term has begun, shall only serve for the rest of the term and until a successor is appointed and qualifies; and

  (5) May not be reappointed to the Council for 4 years after serving two consecutive full terms.

D. Members shall serve on at least one committee.

E. The Council Chair shall:

  (1) Be appointed by the Secretary;

  (2) Serve a 2-year term;

  (3) Be allowed to serve two consecutive terms; and

  (4) Appoint the Chairs of the committees.

#### Regulation .03 Committees.

*COMAR 10.52.07.03*

A. The Council shall have the following four committees:

  (1) Arthritis;

  (2) Diabetes;

  (3) Heart Disease and Stroke; and

  (4) Physical Fitness.

B. The Council may create:

  (1) Additional committees to organize the Council’s work; and

  (2) Temporary ad hoc committees to accomplish a specific task.

C. Except for the committees created according to §A of this regulation, the Council may dissolve a committee at any time.

#### Regulation .04 Council Duties.

*COMAR 10.52.07.04*

A. The Council shall:

  (1) Provide guidance to the Secretary on Statewide chronic disease prevention and control;

  (2) Direct the priorities and work of the committees; and

  (3) Promote evidence-based programs for:

    (a) Healthy lifestyles; and

    (b) The prevention, early detection, and treatment of chronic disease.

B. The Council shall submit a report of its activities to the Secretary on or before December 31, 2019 and every 2 years thereafter.

#### Regulation .05 Meetings and Procedures.

*COMAR 10.52.07.05*

A. Meeting Frequency.

  (1) The Council shall meet at least two times per year.

  (2) A committee created by Regulation .03A of this chapter shall meet at least four times per year.

B. Quorum.

  (1) A quorum shall be present to conduct a Council or committee vote.

  (2) If a quorum is not present:

    (a) A meeting may still be held; and

    (b) An activity requiring a vote shall be deferred to the next meeting with a quorum present.

C. Voting.

  (1) A member shall have one vote.

  (2) Voting shall be:

    (a) In person; or

    (b) By phone.

D. Attendance.

  (1) A member shall attend at least:

    (a) 50 percent of the Council meetings per year; and

    (b) 75 percent of the meetings of a committee on which the member serves per year.

  (2) The Council shall ensure that attendance is:

    (a) Recorded in the meeting minutes; and

    (b) Submitted to the Secretary at least once per year.

  (3) The Secretary may remove a member for:

    (a) Neglect of duty;

    (b) Incompetence;

    (c) Misconduct;

    (d) Malfeasance;

    (e) Misfeasance in office; or

    (f) Failing to meet the requirements of §D(1) of this regulation.