1074

LAWS OF MARYLAND

Ch. 21

On creation of the Department of Health and Mental
Hygiene in 1969, numerous formerly autonomous agencies were
made units of the Department. The relationship of these
units and the Secretary were set out, primarily, in former
Article 41, § 206.

Former Article 41, § 206(f), which set forth a broad
power of the Secretary over plans, proposals, and projects
of units in the Department and then appeared to exclude
every unit "except the Department of Health §land§r the
Department of Mental Hygiene", was obsolete since it did not
reflect those units that have been created since enactment
of § 206(f) in 1969 and that have been made subject to the
power of the Secretary. Also former § 206(f) did not
reflect the abolition of the Department of Health and
dispersal of its powers and duties throughout the Department
of Health and Mental Hygiene. Therefore § 2-104(f) of this
article sets forth the general power of the Secretary and,
in the provisions that relate to units excluded from the
scope of this power, an express statement of that exclusion
is added. See, e.g., § 13-409, as to the State Commission
on Physical Fitness.

Former Article 41, § 206(i) stated that the Secretary
could transfer, by rule, regulation , or written directive,
the functions, staff, or funds of the "Department of Health,
State Department of Juvenile Services, or Department of
Mental Health". In 59 Op. Att'y Gen. 421 (1974), then
Attorney General Burch interpreted former Article 41, §
206(i) as restricting the Secretary in transferring
functions, staff, and funds of every unit in the Department
not listed specifically in that section. However, as with
former Article 41, § 206(f), the list of units set forth in
§ 206(i) was incomplete and obsolete. Therefore, in §
2-104(h) of this article, a general power to make these
transfers is set forth and, in the provisions that relate to
units excluded from this power, an express limitation is
added.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the relationship
of the Commission on Hereditary Disorders, High Blood
Pressure Commission, and Kidney Disease Commission to the
Department and the Secretary is unclear. None of the
commissions are expressly designated as units in the
Department, although the commissions receive their money
through the Department budget. The General Assembly may
wish to consider delineating this relationship.

Membership of boards and commissions:

In describing the role of the Secretary of Health and
Mental Hygiene in the process of appointing members of the
boards governed by this article, the former law uses