LAWS OF MARYLAND

Ch. 21

thing, rather than a process. The former appears
to have been the intent of the General Assembly,
in light of paragraph (2) of this subsection.

In paragraph (2) of this subsection, the phrase
"except as expressly provided otherwise" is added
as a general reference to the third sentence of
former Article 43, § 206(f), which limited the
power of the Secretary over planning functions of
"departments, agencies or units (except the
Department of Health or the Department of Mental
Hygiene)". The limitation contained in that
former sentence now appears in the provisions
that deal with the individual units to which it
applied.

This approach is used because of the
reorganizations within the Department of Health
and Mental Hygiene since its creation by Ch. 77,
Acts of 1969. For example, the State budget has
not provided for a Department of Health since
fiscal year 1973, and its functions and
responsibilities are now part of the general
functions and responsibilities of the Secretary.
On the other hand, new units, such as the
Alcoholism Control Administration, Drug Abuse
Administration, and Mental Retardation
Administration, have been created and expressly
exercise their functions subject to the authority
of the Secretary.

Therefore, the Commission to Revise the Annotated
Code has analyzed the authority of each unit to
make planning decisions and the relationship of
the unit to the Secretary. The units with
autonomy in this area are: the State Anatomy
Board; the State Postmortem Examiners Commission;
the Health Planning and Development Agency; the
Juvenile Services Administration; the Statewide
Health Coordinating Council; the State Commission
on Physical Fitness; and the State licensing
boards and commissions in the Health Occupations
Article.

For other limitations on the power of the
Secretary, see subsection (h) of this section and
§ 2-106(c) of this subtitle and their revisor's
notes. Cf. Article 41, § 3A(a) of the Code.

Defined terms: "Department" § 1-101
"Secretary" § 1-101

REPORTS BY UNITS IN DEPARTMENT.