178

LAWS OF MARYLAND

Ch. 21

SUBTITLE 2. COUNTY BOARDS OF HEALTH.
3-201. COUNTY BOARDS OF HEALTH.

(A)  IN GENERAL.

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)  CODE OR CHARTER COUNTY.

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.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the first clause of former Article 43, § 45.

Subsection (b) of this section is new language
added to reflect that Article 25A, § 5(Y) and
Article 25B, § 13 of the Code authorize charter
and code counties to organize and establish
county boards of health.

Throughout this section, the term "governing
body" is substituted for the specific reference
to "board of county commissioners", for clarity
and conformity to the reference in § 3-302(b) of
this title, as to nomination of the health
officer for a county.

Throughout this section, the term "local", which
formerly modified "board of health", is deleted
as misleading, since it suggests that there is a
local board of health other than the county
board. This deletion is in accordance with the
intent of Ch. 270, Acts of 1981, which abolished
certain city, town, and other local boards of
health.

Defined term: "County" § 3-101

3-202. MISCELLANEOUS POWERS AND DUTIES.

(A) SCOPE OF AUTHORITY.

(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: