reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 8 - Prohibition Against Price Gouging for Essential Off-Patent or Generic Drugs › Section 2-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Essential off–patent or generic drug” means any prescription drug:
(i)    For which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, § 351 of the federal Public Health Service Act, and federal patent law have expired;
(ii)    1.    That appears on the Model List of Essential Medicines most recently adopted by the World Health Organization; or
2.    That has been designated by the Secretary as an essential medicine due to its efficacy in treating a life–threatening health condition or a chronic health condition that substantially impairs an individual’s ability to engage in activities of daily living;
(iii)    That is actively manufactured and marketed for sale in the United States by three or fewer manufacturers; and
(iv)    That is made available for sale in the State.
(2)    “Essential off–patent or generic drug” includes any drug–device combination product used for the delivery of a drug for which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, § 351 of the federal Public Health Service Act, and federal patent law have expired.
(c)    “Price gouging” means an unconscionable increase in the price of a prescription drug.
(d)    “State health plan” has the meaning stated in § 2–601 of this title.
(e)    “State health program” has the meaning stated in § 2–601 of this title.
(f)    “Unconscionable increase” means an increase in the price of a prescription drug that:
(1)    Is excessive and not justified by the cost of producing the drug or the cost of appropriate expansion of access to the drug to promote public health; and
(2)    Results in consumers for whom the drug has been prescribed having no meaningful choice about whether to purchase the drug at an excessive price because of:
(i)    The importance of the drug to their health; and
(ii)    Insufficient competition in the market for the drug.
(g)    “Wholesale acquisition cost” has the meaning stated in 42 U.S.C. § 1395w–3a.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 8 - Prohibition Against Price Gouging for Essential Off-Patent or Generic Drugs › Section 2-802 - Price Gouging Prohibited

(a)    A manufacturer or wholesale distributor may not engage in price gouging in the sale of an essential off–patent or generic drug.
(b)    It is not a violation of subsection (a) of this section for a wholesale distributor to increase the price of an essential off–patent or generic drug if the price increase is directly attributable to additional costs for the drug imposed on the wholesale distributor by the manufacturer of the drug.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-901 - Definitions.

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Collaborative” means the Rural Health Collaborative Pilot established under § 2–902 of this subtitle.
(c)    “Executive Committee” means the Executive Committee of the Rural Health Collaborative Pilot.
(d)    “Mid–shore region” includes Caroline County, Dorchester County, Kent County, Queen Anne’s County, and Talbot County.
(e)    “Primary care provider” includes a primary care physician, a physician assistant, and a nurse practitioner.
(f)    “Rural health complex” means a community–based ambulatory care setting or inpatient care setting that integrates primary care and other health care services determined to be essential by the Collaborative with input by the community, and determined to be sustainable by the Collaborative.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-902 - Rural Health Collaborative Pilot.

(a)    There is a Rural Health Collaborative Pilot within the mid–shore region.
(b)    The Collaborative is an independent unit in the Department.
(c)    The Collaborative shall have a minimum of 29 members but may not exceed 35 members.
(d)    The Collaborative shall include the following members:
(1)    The Executive Committee; and
(2)    The following members appointed by the Secretary:
(i)    One representative from a local department of social services in the mid–shore region;
(ii)    One representative from a local management board in the mid–shore region;
(iii)    One representative from a department of emergency services in the mid–shore region;
(iv)    One representative from a local agency on aging in the mid–shore region;
(v)    One representative from a local board of education in the mid–shore region;
(vi)    One health care consumer from each county in the mid–shore region;
(vii)    One health care provider from each county in the mid–shore region; and
(viii)    Two representatives from primary transportation providers in the mid–shore region.
(e)    The purposes of the Collaborative are to:
(1)    Lead a regional partnership in building a rural health system that enhances access to and utilization of health care services designed to meet the triple aim of:
(i)    Providing health care;
(ii)    Alignment with the State’s Medicare waiver; and
(iii)    Improving population health;
(2)    Mediate disputes between stakeholders;
(3)    Assist in collaboration among health care service providers in the mid–shore region;
(4)    Increase the awareness among county officials and residents regarding the health status, health needs, and available resources in the mid–shore region; and
(5)    Enhance rural economic development in the mid–shore region.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-903 - Authority to Regulate Health Care Facility, Institution, Service, or Program Not Affected by Subtitle.

This subtitle does not affect the authority of the Secretary, the Maryland Health Care Commission, or the Health Services Cost Review Commission to regulate a health care facility, a health care institution, a health care service, or a health care program under this article.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-904 - Rural Health Care Collaborative Executive Committee.

(a)    There is a Rural Health Care Collaborative Executive Committee.
(b)    The Executive Committee consists of the following members:
(1)    The health officers from Caroline County, Dorchester County, Kent County, Queen Anne’s County, and Talbot County;
(2)    The Chief Executive Officer of:
(i)    University of Maryland Shore Regional Health; and
(ii)    The Anne Arundel Medical Center;
(3)    The Chief Executive Officer of a federally qualified health center that serves the mid–shore region; and
(4)    The following members appointed by the Secretary:
(i)    One primary care provider who practices in the mid–shore region;
(ii)    One specialty care physician who practices in the mid–shore region;
(iii)    One behavioral health provider who practices in the mid–shore region; and
(iv)    One health care consumer residing in the mid–shore region.
(c)    The Executive Committee shall:
(1)    Provide general direction to the Collaborative; and
(2)    Make operating decisions on projects approved by the Collaborative.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-905 - Executive Director.

(a)    (1)    With the approval of the Secretary, the Executive Committee shall appoint an Executive Director of the Collaborative.
(2)    The Executive Director shall serve at the pleasure of the Executive Committee.
(3)    In accordance with the State budget, the Executive Committee shall determine the appropriate compensation for the Executive Director.
(b)    Under the direction of the Executive Committee, the Executive Director shall:
(1)    Be the chief administrative officer of the Collaborative;
(2)    Direct, administer, and manage the operations of the Collaborative; and
(3)    Perform all duties necessary to comply with and carry out the provisions of this subtitle.
(c)    In accordance with the State budget, the Executive Director may employ and retain a staff for the Collaborative.
(d)    The Executive Director shall determine the classification, grade, and compensation of those positions designated under subsection (c) of this section:
(1)    In consultation with the Secretary of Budget and Management;
(2)    With the approval of the Executive Committee; and
(3)    In accordance with the State pay plan.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-906 - Duties.

(a)    In addition to the powers set forth elsewhere in this subtitle, the Collaborative may:
(1)    Adopt bylaws, rules, and policies;
(2)    Adopt regulations to carry out this subtitle;
(3)    Maintain an office at the place designated by the Collaborative;
(4)    Apply for and receive grants, contracts, or other public or private funding;
(5)    Issue and award contracts and grants; and
(6)    Do all things necessary or convenient to carry out the powers granted by this subtitle.
(b)    To carry out the purposes of this subtitle, the Collaborative may create and consult with ad hoc advisory committees.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 9 - Rural Health Collaborative Pilot. [Repealed] › Section 2-908 - Rural Health Complexes.

(a)    (1)    The Collaborative shall direct the establishment of Rural Health Complexes by:
(i)    Assessing the needs of communities in the mid–shore region that lack access to essential community–based primary care, behavioral health, specialty care, or dental care services;
(ii)    Identifying care delivery models that have the potential to reduce deficits in care; and
(iii)    Convening health and hospital systems, community organizations, and local stakeholders to build consensus on the appropriate scale of a rural health complex.
(2)    (i)    The Secretary shall approve a Rural Health Complex:
1.    Recommended by the Collaborative by a majority of a quorum of the Collaborative present and voting;
2.    That meets the standards and criteria established by the Collaborative for a rural health complex; and
3.    If the rural health complex demonstrates that it meets the standards and criteria established by the Collaborative.
(ii)    A complex that fails to meet the standards and criteria established by the Collaborative shall relinquish its designation as a complex.
(3)    On or before December 1, 2020, the Collaborative shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the standards and criteria that a community must meet to establish a rural health complex before the Collaborative approves a rural health complex.
(b)    On or before December 1, 2021, and December 1 each year thereafter, the Collaborative shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on its activities regarding health care delivery in the mid–shore region, including:
(1)    The number of rural health complexes approved;
(2)    The effect that each rural health complex had on the health status of the overall population and the vulnerable population in its community; and
(3)    The effect that rural health complexes have had on the available community–based health care resources in communities where complexes have been established.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 10 - Prohibition on Discrimination › Section 2-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the Commission on Civil Rights.
(c)    “Gender identity” has the meaning stated in § 20–101 of the State Government Article.
(d)    “Sexual orientation” has the meaning stated in § 20–101 of the State Government Article.
(e)    “Unit of the Department” means a unit described under § 2–106 of this title.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 10 - Prohibition on Discrimination › Section 2-1002 - Policy of State

It is the policy of the State to:
(1)    Provide affordable health care throughout the State to all regardless of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; and
(2)    Prohibit discrimination with respect to the provision of health care by any person, in order to protect and ensure the peace, health, safety, prosperity, and general welfare of all.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 10 - Prohibition on Discrimination › Section 2-1003 - Jurisdiction to Enforce the Laws -- Complaints -- Hearing Warranted

(a)    (1)    Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Secretary or a unit of the Department has exclusive jurisdiction to enforce by administrative action the laws of the State as provided for under this article and the Health Occupations Article.
(2)    The Commission on Civil Rights has concurrent jurisdiction with the Secretary or a unit of the Department over alleged discrimination on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
(b)    When the Secretary or a unit of the Department has exclusive jurisdiction under subsection (a) of this section, the Commission may:
(1)    Refer complaints about discriminatory practices to the Secretary or the unit of the Department;
(2)    Appear before the Secretary or the unit of the Department as a party at a hearing about discriminatory practices;
(3)    Make recommendations about discriminatory practices to the Secretary or the unit of the Department;
(4)    Represent a complainant in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices; or
(5)    Appeal as a party aggrieved by an order or decision of the Secretary or the unit of the Department in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices.
(c)    The Secretary or a unit of the Department shall notify the Commission of any hearing scheduled on a complaint about alleged discriminatory practices.
(d)    On request of the Commission and unless the complainant objects, the Secretary or a unit of the Department shall give the Commission all information regarding any complaint alleging discriminatory practices received by the Secretary or unit of the Department.
(e)    The Secretary or a unit of the Department and the Commission shall set guidelines for determining when allegations of discriminatory practices in a complaint are sufficient to warrant a hearing.
2023 Maryland Statutes › Health - General › Title 2 - Maryland Department of Health › Subtitle 10 - Prohibition on Discrimination › Section 2-1004 - Authorized Refusal of Services -- Discrimination Prohibited

(a)    This section does not prohibit a person that is licensed or otherwise regulated by the Department or a unit of the Department from refusing, withholding from, or denying any person services for failure to conform to the usual and regular requirements, standards, and regulations imposed by the licensed or regulated person, unless the refusal, withholding, or denial is based on discrimination on the grounds of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
(b)    A person that is licensed or otherwise regulated by the Department or a unit in the Department may not discriminate against any person because of the person’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 2 - County Boards of Health › Section 3-201 - County Governing Body or Designated Board

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 2 - County Boards of Health › Section 3-202 - Miscellaneous Powers and Duties

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 3 - Health Officers › Section 3-304 - Compensation; Special Appointment Status

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 3 - Health Officers › Section 3-305 - Annual Evaluation

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 3 - Health Officers › Section 3-306.1 - Notification of Application of Licensure or Certification of Facilities or Programs in Howard County

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 3 - Health Officers › Section 3-307 - Right of Entry

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 4 - Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments › Section 3-401 - Definitions

(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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 4 - Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments › Section 3-402 - Compliance Required

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.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 4 - Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments › Section 3-403 - Committee on Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments

(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; and
(2)    Annually review the formulary to ensure compliance with current prescribing standards.
2023 Maryland Statutes › Health - General › Title 3 - County Boards of Health; Health Officers › Subtitle 4 - Registered Nurses Personally Preparing and Dispensing Drugs and Devices in Local Health Departments › Section 3-405 - Training Program

(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.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 1 - Confidential Research Records › Section 4-101 - "Confidential Record" Defined

In this subtitle, “confidential record” means any record, report, statement, note, or other information that:
(1)    Is assembled or obtained for research or study by:
(i)    The Drug Abuse Administration;
(ii)    The Prevention and Health Promotion Administration; or
(iii)    The Secretary; and
(2)    Names or otherwise identifies any person.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 1 - Confidential Research Records › Section 4-102 - Confidential Records Protected

(a)    (1)    Each confidential record shall remain in the custody and control of:
(i)    The Drug Abuse Administration, if that Administration assembled or obtained the confidential record;
(ii)    The Prevention and Health Promotion Administration, if that Administration assembled or obtained the confidential record; or
(iii)    The Secretary or an agent or employee of the Secretary, if the Secretary assembled or obtained the confidential record.
(2)    The confidential record may be used only for the research and study for which it was assembled or obtained.
(3)    A person may not disclose any confidential record to any person who is not engaged in the research or study project.
(b)    This section does not apply to or restrict the use or publication of any statistics, information, or other material that summarizes or refers to confidential records in the aggregate, without disclosing the identity of any person who is the subject of the confidential record.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-202 - Registrars of Vital Records

(a)    The Secretary shall appoint a State registrar of vital records, who shall be in the skilled service of the State Personnel Management System.
(b)    The health officer for a county is the registrar of vital records for the county.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-203 - General Responsibility

(a)    The Secretary is charged with administering efficiently and uniformly this subtitle throughout this State.
(b)    (1)    The Secretary shall:
(i)    Establish appropriate methods and the necessary forms for accurate registration of vital records;
(ii)    On or before January 1, 2015, establish a process by which death certificates can be filed electronically; and
(iii)    Educate physicians, physician assistants, and nurse practitioners regarding the process by which death certificates can be filed electronically.
(2)    The forms shall provide for the information that the Secretary needs for proper registration and use of these vital records.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-204 - Birth, Death, and Fetal Death Certificates; Copies

(a)    The Secretary shall collect, index, and safeguard from fire, loss, or damage each certificate of birth, death, and fetal death.
(b)    After registration of a completed birth, death, or fetal death certificate, the Secretary shall provide a copy of the original certificate to the county registrar for the county where the event occurred and the county registrar where the subject of the certificate resides or resided if the county of residence is different from the county where the event occurred.
(c)    A copy of a certificate provided to a county registrar under this section may be used by the county health department to carry out public health functions.
(d)    A copy of a certificate provided under this section may be photographic or electronic or produced by other means as prescribed by the Secretary.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-205 - County Birth, Death, and Fetal Death Records

(a)    A county registrar shall preserve for 3 years each copy of a death or fetal death record that the Secretary sends to the county registrar.
(b)    The county death and fetal death records shall be open to inspection by the Secretary, a designee of the Secretary, or an official of a municipal corporation or county, if the inspection is made for a proper purpose and in a manner that does not subject the contents of these records to risk of damage or alteration.
(c)    If any omission or discrepancy in the personal or medical facts in a county death or fetal death record is called to the attention of a county registrar, the county registrar promptly shall:
(1)    Investigate to determine the facts of record; and
(2)    Send a certified statement of the facts to the Secretary.
(d)    A county registrar shall investigate and inform the Secretary in full of any violation or suspected violation of this subtitle.
(e)    (1)    If the Secretary corrects a death or fetal death record, the Secretary shall send a notice of the correction to the county registrar for the county where the event occurred. The county registrar shall enter the correction on the county registrar’s record by photographic, electronic, or other means prescribed by the Secretary.
(2)    If a discrepancy exists between the record of the Secretary and the record of a county registrar, the record of the Secretary shall be considered correct.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-206 - Marriage, Divorce, and Annulment Records

(a)    The Secretary shall collect, index, and safeguard the marriage, divorce, and annulment records that clerks of court file as provided by law.
(b)    (1)    The Secretary may change a marriage, divorce, or annulment record in the file of the Department only if a clerk of court sends, as provided by law, a certified report of the change.
(2)    If a discrepancy exists between the record of a clerk of court and the record of the Secretary as to a marriage, divorce, or annulment, the record of the clerk of court shall be considered correct.
(c)    (1)    A clerk of court may provide a certified copy of a record of any marriage, divorce, or annulment in accordance with usual custom and as provided by law.
(2)    The Secretary may not provide a certified copy of any record of divorce or annulment.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-207 - Preparation of Birth, Death, and Fetal Death Certificates

(a)    (1)    Each certificate of birth, death, or fetal death shall be typed or printed legibly in unfading black ink, or stored on electronic media approved by the Secretary.
(2)    The person who is required to complete the record shall attest to its accuracy either by signature or by approved electronic process.
(b)    A certificate is not complete or correct if it does not give each item of required information to the extent the information is obtainable.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-209 - Foundling Registration

(a)    (1)    Within 72 hours after a person takes custody of a child of unknown parentage, the person shall prepare and file a report, on the form that the Secretary provides.
(2)    The report shall state:
(i)    The date and place of finding of the child;
(ii)    The sex, color or race, and approximate date of birth of the child, as determined by a physician;
(iii)    The name and address of the person with whom the child is placed for care;
(iv)    The name that the custodian gives the child; and
(v)    Any other information that the Secretary requires.
(b)    The person shall enter the place where the child was found as the place of birth.
(c)    A report under this section is the certificate of birth for the child.
(d)    If the child is identified and a certificate of birth is found or obtained, the report under this section:
(1)    Shall be sealed; and
(2)    May be reopened only:
(i)    On order of a court of competent jurisdiction;
(ii)    On written order of a designee of the Secretary; or
(iii)    As the rules and regulations of the Secretary provide.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-210 - Delayed Birth Registration

(a)    The Secretary may adopt rules and regulations to govern the filing of a record of birth if a certificate of birth is not filed within the time required by § 4-208 or § 4-209 of this subtitle.
(b)    (1)    If the Secretary rejects a delayed certificate of birth under this section, a person may petition a court of competent jurisdiction to order the establishment of a record of birth.
(2)    If the court finds, from the evidence, that the individual for whom a delayed certificate of birth is sought was born in this State, the court shall make findings as to parentage and place and date of birth and any other findings that the case requires and shall order the Secretary to establish a record of birth. The order shall include the findings to be entered in the record of birth and the date of the court action.
(3)    On or before the tenth day of each month, each clerk of court shall send to the Secretary each court order for a delayed certificate of birth that was entered during the preceding month.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-213 - Fetal Death Certificates

(a)    If a fetal death occurs after a gestation period of 20 weeks or more, then within 72 hours after delivery, a certificate of fetal death shall be filed by:
(1)    The mortician who first takes custody of a fetus;
(2)    The person in charge of the institution or the person’s designated representative when a fetus is delivered in an institution;
(3)    The physician in attendance at or immediately after delivery when a fetus is delivered outside an institution; or
(4)    The medical examiner when a fetal death occurs without medical attendance at or immediately after the delivery when a medical examiner’s inquiry is required.
(b)    The person who files the fetal death certificate shall obtain:
(1)    The personal information from the next of kin or the best qualified individual or source available; and
(2)    The medical certification of cause of death:
(i)    From the medical examiner, within 24 hours after the medical examiner takes charge of the fetus; or
(ii)    If the medical examiner does not take charge of the fetus, from the attending physician within 24 hours after delivery.
(c)    When a fetal death occurs on a common carrier and the fetus is first removed from the carrier in this State or when a fetus is found in this State and the place of fetal death is unknown, the fetal death shall be reported in this State.
(d)    The place where the fetus was first removed from the carrier or the fetus was found shall be considered the place of fetal death.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-213.1 - Stillbirth Certificates

(a)    The Secretary shall establish procedures for the issuance of a certificate of birth resulting in stillbirth.
(b)    The Department shall make available a certificate of birth resulting in stillbirth to the parent or parents of a stillborn child for whom a fetal death was registered.
(c)    The individual preparing the certificate of birth resulting in stillbirth shall not include any references to the stillborn child’s first name if the stillborn child’s parent or parents do not wish to provide a first name for the stillborn child.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-214 - Amendments to Vital Records

(a)    A certificate or record registered under this subtitle may be amended only in accordance with this subtitle and any rules and regulations that the Secretary adopts to protect the integrity and accuracy of vital records.
(b)    (1)    If any certificate of birth, death, or fetal death is amended, the facts shall be certified to the Secretary and entered on the original certificate with the date of the amendment, over the signature or initials of a designee of the Secretary and with a line drawn through the original data.
(2)    All amendments may be stored on electronic media approved by the Secretary.
(3)    All copies of certificates that are amended shall contain a notation that an amendment has been made.
(4)    A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment.
(5)    When an informant does not submit the minimum documentation required in the regulations for amending a vital record or when the Secretary has cause to question the validity or adequacy of the applicant’s sworn statements or the documentary evidence, and if the deficiencies are not corrected, the Secretary shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to the Office of Administrative Hearings.
(6)    (i)    Except as provided in subparagraph (ii) of this paragraph, any amendments to death certificates requested beyond 3 years or more after the death shall require a court order.
(ii)    The Office of the Chief Medical Examiner may amend the cause of death on a certificate of death at any time after registration without a court order.
(c)    (1)    Except as provided in § 4–211(f) of this subtitle, on receipt of a court order that changes the name of an individual who was born in this State and on request of the individual or a parent, guardian, or legal representative of the individual, the Secretary shall amend the certificate of birth to reflect the new name.
(2)    (i)    The Department may change the name on a birth certificate once without a court order if, within 12 months after the birth, the Department receives from both parents named on the birth certificate of the child or, if only one parent is named, the parent named on the birth certificate of the child:
1.    A written request for the change of name; and
2.    An affidavit that has been sworn before a notary public of the State and states that the individual is the parent of the child and is making the request of the individual’s own free will.
(ii)    If the Department receives an affidavit in accordance with subparagraph (i)2 of this paragraph from both parents named on the birth certificate of the child, only one affidavit signed by both parents is required.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-215 - Burial Permits, Final Disposition, Transportation, and Disinterment

(a)    In this section, “cemetery” includes a crematory or other place for final disposition.
(b)    (1)    Within 72 hours after death or after delivery in a fetal death and before final disposition or removal of the body or fetus from this State, the mortician who first takes custody of the body or fetus shall obtain a burial-transit permit.
(2)    If the death or fetal death certificate is on a multicopy form, one copy of which is designated specifically as a “burial-transit permit” and is signed by the attending physician or medical examiner, that copy shall provide for the later entry of final disposition information and serves as a burial-transit permit.
(c)    (1)    A person in charge of a cemetery may not permit the final disposition of a body or fetus unless it is accompanied by a burial-transit permit.
(2)    The person in charge of a cemetery shall:
(i)    Write on the permit the date of final disposition;
(ii)    Sign the permit; and
(iii)    Within 10 days after final disposition, return the permit to the Secretary.
(3)    If there is no person in charge of the cemetery, the mortician shall fill out the burial-transit permit.
(d)    A burial-transit permit issued by any state or a foreign country is sufficient authority for transit through this State or final disposition in any cemetery in this State.
(e)    (1)    A permit for disinterment and reinterment is required before the disinterment of human remains if reinterment is not to be made in the same cemetery. The Secretary or a health officer shall issue the permit after receipt of an application on the form that the Secretary requires.
(2)    If all human remains in a cemetery are to be disinterred for purposes of relocation or abandonment of the cemetery, one application is sufficient for that purpose.
(3)    The Department shall keep a record of each permit issued for the disinterment and reinterment of human remains.
(4)    Except as provided in paragraph (5) of this subsection, the Department may not disclose or allow public inspection of information in a permit record about the location of the site of a disinterment or reinterment if a local burial sites advisory board or the Director of the Maryland Historical Trust determines that:
(i)    The site is historic property, as defined in § 5A–301 of the State Finance and Procurement Article; and
(ii)    Disclosure would create a substantial risk of harm, theft, or destruction to the site.
(5)    The Department may not deny inspection of a permit record to:
(i)    The owner of the site of the disinterment or reinterment;
(ii)    A governmental entity that has the power of eminent domain; or
(iii)    The spouse, domestic partner, next of kin, or appointed personal representative of the deceased whose human remains have been disinterred or reinterred.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-216 - Duties of Institutions

The administrative head of an institution shall record and report each birth, death, and fetal death and all statistical information required by this subtitle, about the inmates or patients of the institution. The information shall be obtained from the best possible source and presented to the individual responsible for execution of a certificate under this subtitle.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-219 - Reports

(a)    At least annually, the Secretary shall:
(1)    Publish a report of vital statistics, including population estimates; and
(2)    Print and distribute the report to any official, agency, library, or other person whom the Secretary considers entitled to the report.
(b)    In addition to the requirements of subsection (a) of this section, by June 30 of each year the Secretary shall report to the Morbidity, Mortality, and Quality Review Committee established under § 18–107 of this article on the number and cause of death of Maryland children under the age of 1 year who died during the prior calendar year ending December 31st.
(c)    In addition to the requirements of subsections (a) and (b) of this section, within 24 hours of notification of a death, the Secretary shall report to the Mortality and Quality Review Committee any death of an individual who at the time of death was:
(1)    An individual with a developmental disability, as defined in § 7–101(g) of this article, who resided in or was receiving services from any program or facility licensed or operated by the Developmental Disabilities Administration; or
(2)    An individual with a mental illness who resided in or was receiving services from any program or facility approved, licensed, or operated by the Behavioral Health Administration.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-220 - Copies of Vital Records -- Statistical Purposes

(a)    The Secretary may provide the United States Department of Health and Human Services with copies of vital records or other information that is required for national statistics, on the condition that the information may not be used for other than statistical purposes unless authorized by the Secretary.
(b)    On request, the Secretary may provide federal, State, local, and other public or private agencies with copies of vital records or other information for statistical purposes on terms or conditions that the Secretary sets.
(c)    On request, the Secretary may provide the State designated health information exchange with select information from death certificates to allow linkage of the data to the State designated health information exchange master patient index in order that a date of death may be associated and stored with the records of those patients who have died for statistical and clinician notification purposes in accordance with regulations or a data sharing agreement.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-221 - Copies of Vital Records -- Special Projects

The Secretary may approve specific projects for typewritten, photographic, or other reproductions of originals, carbon copies, and indexes of vital records. These projects shall state the method of reproduction, the disposition or location of the depository of any record reproduced, and the type of records and the period covered.