Title 3
Health Facilities
Subtitle 1
[Repealed by Ord. 12-027]
Subtitle 2
Nursing Homes
§ 3-201. "Nursing home" defined.
In this subtitle, "nursing home" means:
(1) a comprehensive care facility, as defined in COMAR 10.07.02.01B(6);
(2) an assisted living program, as defined in COMAR 10.07.14.02B(10); and
(3) an extended care facility, as defined in COMAR 10.07.02.01B(12).
§ 3-202. Cooling requirements.
From June 1 through September 30 of each year, every nursing home must maintain and operate, throughout all rooms and areas that are occupied or used by residents, a cooling system that maintains a temperature of less than 82° F.
§ 3-203. Equipment and supply standards.
(a) Commissioner to develop.
The Commissioner must develop standards and requirements for the following items used in nursing homes:
(1) patient lifting and mobility equipment;
(2) bathroom and shower equipment; and
(3) linens and toiletries.
(b) Nursing homes to comply.
Every nursing home must comply with the standards and requirements adopted under this section.
3-204 to 3-205. {Reserved}
§ 3-206. Civil penalties: $1,000.
(a) In general.
Any person who violates any provision of this subtitle is subject to a civil fine of not more than $1,000 for each offense.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.
Subtitle 3
City Clinics and Centers
§ 3-301. Commissioner may establish.
The Commissioner of Health may establish health clinics and centers in the City.
§ 3-302. Operational guidelines and procedures.
(a) In general.
The Commissioner must adopt guidelines and procedures for the administration and operation of these clinics and centers.
(b) Scope.
Among other matters, the guidelines and procedures must govern:
(1) the eligibility of individuals for services; and
(2) the fees to be charged for those services.
§ 3-303. Fees.
Fees for services at City clinics and centers:
(1) may not exceed the actual cost of the services; and
(2) must be approved by the Board of Estimates.
Subtitle 4
Temporary Hospitals
§ 3-401. Establishment.
To prevent morbidity or mortality constituting a threat to public health, the Commissioner of Health, with the approval of the Mayor may:
(1) rent or erect suitable structures for temporary hospitals or places to receive the sick or infected; and
(2) require sick or infected individuals to be moved to these temporary hospitals or places.
§ 3-402. Rules and regulations.
In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner may, with the approval of the Mayor, adopt rules and regulations to govern:
(1) all temporary hospitals or places established under this section; and
(2) all individuals residing in or in any way concerned with them.
§ 3-403. Individuals too sick to move.
If an individual cannot be moved without danger to his or her health, the house or place where he or she remains is considered to be a temporary hospital for purposes of this subtitle.
3-404 to 3-405. {Reserved}
§ 3-406. Penalties: $500.
(a) In general.
Any person who violates a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
(b) Each day a separate offense.
Each day that a violation continues is a separate offense.
Subtitle 5
Limited-Service Pregnancy Centers
§ 3-501. "Limited-service pregnancy center" defined.
In this subtitle, "limited-service pregnancy center" means any person:
(1) whose primary purpose is to provide pregnancy-related services; and
(2) who:
(i) for a fee or as a free service, provides information about pregnancy-related services; but
(ii) does not provide or refer for:
(A) abortions; or
(B) nondirective and comprehensive birth-control services.
§ 3-502. Disclaimer required.
(a) In general.
A limited-service pregnancy center must provide its clients and potential clients with a disclaimer substantially to the effect that the center does not provide or make referral for abortion or birth-control services.
(b) How given.
The disclaimer required by this section must be given through 1 or more signs that are:
(1) written in English and Spanish;
(2) easily readable; and
(3) conspicuously posted in the center's waiting room or other area where individuals await service.
§ 3-503. Violation notice.
If the Health Commissioner learns that a pregnancy center is in violation of this subtitle, the Commissioner shall issue a written notice ordering the center to correct the violation within 10 days of the notice or within any longer period that the Commissioner specifies in the notice.
3-504 to 3-505. {Reserved}
§ 3-506. Enforcement by citation.
(a) In general.
The failure to comply with an order issued under § 3-503 {"Violation notice"} of this subtitle may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {"Civil Citations"}.
(b) Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Subtitle 6
City Schools
Editor's Notes
Ordinance 25-016 (effective August 25, 2025) numbered sections in this subtitle with the structure "[subtitle_number]-[section_number]" (e.g. "§ 6-101"). This structure does not follow the numbering conventions for sections in the Health Code. The proper structure is "[title number]-[subtitle number][section number]" (e.g. "§ 3-601"). The section numbers have been updated to follow the correct numbering convention.
§ 3-601. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Abnormal EPSDT screening.
"Abnormal EPSDT screening" means a medical screening done as part of an EPSDT regimen that produces:
(1) inconclusive results;
(2) ambiguous results; or
(3) results that require further testing.
(c) Baltimore City Public School System.
"Baltimore City Public School System" or "BCPSS" means the public school district of the City of Baltimore.
(d) Early and Periodic Screening, Diagnosis, and Treatment.
"Early and Periodic Screening, Diagnosis, and Treatment" or "EPSDT" means the provision of preventive health care under 42 CFR Subpart B {"Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) of Individuals Under Age 21"}, including medical and dental services to assess growth and development and to detect and treat health problems in Medicaid beneficiaries under 21 years old.
(e) Family Planning.
"Family planing" means providing individuals with the information and means to prevent an unwanted pregnancy and to maintain reproductive health.
(f) Follow-up care.
"Follow-up care" means:
(1) any treatment or practice recommended as medically necessary to address abnormal or positive results of an EPSDT screening by a licensed healthcare professional; and
(2) the process of attempting to ascertain if the recommended services have been obtained.
(g) Maryland Healthy Kids Preventive Health Schedule.
"Maryland Healthy Kids Preventive Health Schedule" means the schedule set by the State Department of Health's Healthy Kids Program as a minimum EPSDT practice for all Maryland Medicaid recipients under 21 years of age, consisting of:
(1) standard health screenings;
(2) physical exams;
(3) laboratory tests;
(4) immunizations; and
(5) health education.
(h) Medically necessary
"Medically necessary" means that a health service is:
(1) directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition;
(2) consistent with currently accepted standards of good medical practice;
(3) the most cost efficient service that can be provided without sacrificing effectiveness or access to care; and
(4) not primarily for the convenience of the consumer, family, or provider.
(i) Positive EPSDT screening.
"Positive EPSDT screening" means a medical screening conducted by a licensed health professional as part of an EPSDT regimen that produces positive results indicating the presence of the tested-for condition.
(j) Preventive Health Services.
"Preventive Health Services" means proactive care to detect potential health problems and protect and maintain a patient's current health, including:
(1) screenings for health conditions;
(2) counseling for chronic conditions;
(3) regular health checkups; and
(4) immunizations.
(k) Primary health services.
"Primary health services" means a basic level of health care, including diagnostic, treatment, consultative, referral, and preventive health services, generally rendered by 1 or more:
(1) general practitioners;
(2) family practitioners;
(3) internists;
(4) gynecologists;
(5) pediatricians;
(6) physician assistants; and
(7) nurse practitioners.
(l) School-based health center.
"School-based health center" means a facility providing medical care that:
(1) is located on the grounds of a BCPSS facility;
(2) provides on site primary and preventive health care, referrals, and follow-up services;
(3) may provide on site dental care or behavioral health care, referrals, and follow-up services; and
(4) has been approved by the Maryland Department of Health.
(m) School health services professional.
"School health services professional" or "school health professional" means a physician, certified nurse practitioner, or registered nurse with experience, special training, or both in working with children and families in community or school health programs and practices in accordance with the current State medical and nursing standards of care.
§ 3-602. Child health equity services.
(a) In general.
The following health services may be provided at any school-based health center:
(1) comprehensive preventive and primary health services, including administration of vaccines according to the Maryland Healthy Kids Preventative Health Schedule;
(2) access to family planning, dental, and mental health services; and
(3) access to vision care at the written request of a child's guardian.
§ 3-603. Follow-up care.
(a) In general.
For any positive or abnormal EPSDT screening of a student, the school health professional that performed the screening shall communicate the need for follow-up care, as appropriate and in accordance with all laws related to minor consent, to either or both of:
(1) the student; or
(2) the student's parent or guardian.
(b) Additional screening.
If a school health services professional determines that an additional screening or health check-up is necessary for a student, the professional shall make a recommendation for an additional screening or health check-up to the student or the student's parent or guardian, as appropriate.
§ 3-604. Rules and regulations.
Subject to Title 4 {"Administrative Procedure Act B Regulations"} of the City General Provisions Article, the Commissioner of the Baltimore City Health Department may adopt rules and regulations to carry out this subtitle.