LEGISLATION
During Maryland’s 2020 legislative session, MACHO weighed in on these local public health issues.
* The Maryland General Assembly adjourned on March 16, 2020, due to the COVID-19 pandemic.
PUBLIC INFORMATION ACT REQUEST RESPONSES AND TIMING
SB 67: Public Information Act – Applications for Inspection – Responses and Time Limits
Cross filed with HB 42, this bill would reduce the time periods for responding to requests for public record access and fulfilling approved Public Information Act (PIA) requests. MACHO has concerns with SB 67 and has submitted a letter of concern.
Why MACHO is concerned about SB 67:
This bill will decrease our response capacity to environmental health emergencies, compromise our ability to protect our clients’ privacy, expose government agencies to violations of our federal mandates, and increase the potential for lawsuits.
Board of Environmental Health Specialists fund
HB 1484: State Board of Environmental Health Specialists – Fees – General Fund
Cross filed with SB 673, this bill would move the State Board of Environmental Health Specialists (BEHS) out of the Special Fund category and back into the General Fund category. This would enable the BEHS to maintain its existence and continue supporting their oversight and licensing work of the profession. MACHO supports HB 1484 and has submitted a letter of support.
Why MACHO supports HB 1484:
Environmental health regulation, enforcement and the ultimate protection of the public’s health, are conducted largely by the Local Public Health Departments (LHDs) located in each jurisdiction in the state. Within each LHD, this critical work is done by Licensed Environmental Health Specialists (LEHS). This work includes, but is not limited to, ensuring safe drinking water, safe prepared food served at food service facilities, safe and healthy recreational venues, and preventing and abating rabies, vector borne illnesses, nuisances, and much more. The Board of Environmental Health Specialists (the Board) represents LEHS and ensures a high-level of competence and professionalism among its limited membership of 550 LEHS. The Board processes applications, approves and oversees training requirements, addresses complaints, makes disciplinary determinations, and more.
In July 2012, when the Board was moved to the Maryland Department of Health Boards and Commissions, the Board was also moved out of general funds and into special funding. This has created a significant financial hardship. The limited membership base of 550 LEHSs does not generate sufficient revenue to support its on-going and increasing operational costs. This results in undue risk and threatens the Board’s existence. MACHO believes that the ability to maintain and sustain the Board with adequate funding to meet existing balance shortfalls can best be achieved with the move out of a special fund obligation, and into a general fund payment and support structure. This Board is critical to the sustainability of LHD staffing.
Contraceptive Devices for Minors
HB 53: Public Health Contraceptive Devices – Minors
HB 53 would prohibit a healthcare provider from inserting or implanting a contraceptive device into the body of a minor unless the minor’s parent or guardian provides written authorization. MACHO opposes HB 53 and has submitted a letter or opposition to this bill.
Why MACHO opposes HB 53:
This bill would limit access to important reproductive healthcare, and as a result, increase the rate of unintended pregnancies in a vulnerable population. The methods that would be restricted by HB 53 are the most effective means of contraception approved by the FDA. Consultation for contraception is often an opportunity for clinicians to initiate conversations about other important health topics including mental health, substance misuse, and intimate partner violence. Adolescent pregnancies are known to increase school dropout rates, incidence of intimate partner violence, and long-term dependence on social welfare programs. Public costs associated with the first year of life for a child born to a minor is over $15,000. As the popularity of the forms of contraception prohibited by HB 53 has grown over the past decade, teen pregnancy rates have fallen significantly. As a result, costs to Maryland taxpayers for expenses related to teen births have decreased by over $70 million per year during this period.
Health Services in Public Schools
HB 1557: Public Schools - Health Services - County Boards of Education and Health Departments
This bill would give local health departments (LHDs) primary responsibility for providing adequate health services in public schools, authorize LHDs or the Maryland Department of Health (MDH) to designate responsibility for providing health services to local school boards under specified circumstances, and make conforming changes. The bill would also create a health specialist position in both the Maryland State Department of Education
and MDH to ensure that public schools provide quality and effective school health services. MACHO opposes HB 1557 and will testify against this bill.
Why MACHO opposes HB 1557:
The bill has logical inconsistencies that make it impossible to determine what County agency is ultimately responsible for the delivery of school health services and its administrative oversight. HB 1557 shifts jurisdiction for the provision of adequate school health services from the County BOEs to the County LHDs without providing LHDs with sufficient funding to provide these services. This bill requires that LHDs “keep and maintain the health data of students in public schools”. This is a violation of the United States Code Section 1232g, otherwise known as the Family Education and Privacy Rights Act (FERPA), which considers student health records a part of the student’s educational record and prohibits any educational agency that receives federal funds from releasing student education records to any individual agency or organization without written consent of the parent. The 12 LHDs that are not currently involved in the delivery of school health services would face an overwhelming administrative and financial burden, which may have the unintended consequence of poor decision-making leading to worse student healthcare.
MOLD INSPECTION STANDARDS AND REGULATIONS
HB 1540: Environment - Mold Inspections - Standards, Reporting, and Penalties
The bill would require the Maryland Department of the Environment (MDE), in consultation with the Maryland Department of Health (MDH), the Maryland State Department of Education, the Department of Housing and Community Development, and the Department of General Services, to adopt regulations that establish uniform standards for mold assessment and remediation, as specified, by June 1, 2022. The bill would require MDE to submit an annual indoor air report to the Governor and the General Assembly on or before December 1, beginning in 2023. MACHO has concerns with HB 1540 and submitted a letter of concern.
Why MACHO is concerned about HB 1540:
Local jurisdictions will be required to carry out annual mold inspections of 1) public and private school facilities, 2) licensed child care centers, 3) nursing homes, 4 assisted living facilities, and 5) rental dwellings, a massive undertaking for already severely understaffed and underfunded departments that, due to this understaffing and underfunding, struggle to meet their current environmental health requirements, mandates, and delegated authorities from MDE and MDH. Requiring local health departments (LHDs) to perform these additional facility inspections will require significant increases in personnel, technical training in a field unfamiliar to many of our staff, and increased responsibilities for already over-tasked local supervisors. LHDs value efforts to improve health and environmental conditions in all facilities. However, if LHDs are expected to carry out these assurance activities, they must have adequate resources to do so and meet all state agency mandates.
HIGHER EDUCATION FACILITY MOLD INSPECTIONS
HB 1428: Environment - Higher Education Facilities - Mold Hazards and Mold or Moisture Problems
This bill would require the Department of the Environment (MDE), in consultation with certain entities, to adopt regulations to require periodic inspections for the presence of mold hazards and mold or moisture problems in each occupied higher education facility in the State. It would also authorize MDE, in consultation with the Maryland Higher Education Commission, to grant a waiver from certain inspection requirements and require an annual report to the Governor and the General Assembly on the findings of the inspections. MACHO has concerns with HB 1428 and submitted a letter of concern.
Why MACHO is concerned about HB 1428:
MACHO applauds this bill for aiming to improve indoor air quality and student health, but a lack of accompanying funding will place unattainable mandates on local health departments (LHDs). LHDs are already underfunded and severely understaffed to handle their present environmental health requirements, including restaurant inspections, well and septic inspections, emergency response duties, and a host of other services important to the health and safety of our communities. Adding higher education facility moisture and mold responsibilities to LHDs will require significant increases in personnel, technical training in a field unfamiliar to our staff, and increased responsibilities for already over-tasked local supervisors.
VISION FOR MARYLAND PROGRAM
HB 1375: Public School Students - Vision Services and the Vision for Maryland Program
This bill would establish the Vision for Maryland program in the Maryland Department of
Health (MDH). It would also establish, specify responsibilities, and provide funding for certain health specialist positions in the State Department of Education and MDH. Further, it would require that local boards of education or local health departments provide vision and hearing screenings for specified students in public schools at least twice during grades 1 through 5 and at least once during grades 6 through 8. MACHO opposes HB 1375 and will testify against this bill.
Why MACHO opposes HB 1375:
This bill would require expanding vision screening services to all students with an Individualized Education Program (IEP) or a 504 Plan, students with medical programs reported by parents, students with behavioral problems, and students with lower academic performance. These unfunded mandates increase program costs and burdens on local health departments (LHDs) and school boards (BOEs). The administrative burden of insurance contracting and billing is substantial. And LHDs or BOEs, with no additional funding, would be required to absorb any balance that is not covered by insurance carriers. The bill leaves it up to LHDs and BOEs to determine which entity is financially liable for transportation costs to private optometry offices, since it provides no guidance as to which entity is ultimately responsible. Again, no funding is allocated for either the establishment of the optometry offices or transportation. MACHO acknowledges that providing expanded comprehensive vision services for all students regardless of the ability of their families to pay, is a laudable goal and very important for learning in the 21st Century. However, without sufficient funding that is not dependent upon the availability of external grants, it is unrealistic to require LHDs and BOEs to carry out the requirements of this bill.
COMMUNITY BENEFIT SPENDING AND REPORTING
HB 1169: Hospitals – Community Benefits
Cross filed with SB 774, this bill would require the Health Services Cost Review Commission (HSRC) to establish a Community Benefit Reporting Workgroup. The Commission would be required to adopt certain regulations for reporting community benefits provided by the hospital and additionally report certain items, including the impact, costs, and availability of providers for each hospital initiative on community health needs. Further, it would require the Commission, on or before October 1, 2020, to issue a report that addresses certain needs, and submit a copy of the report to certain committees of the General Assembly. MACHO supports HB 1169 and will testify in support of this bill.
Why MACHO supports HB 1169:
Community Benefit spending is required by each Maryland hospital to maintain its nonprofit status. The HSCRC has worked with the bill sponsors and relevant stakeholders, including the Maryland Hospital Association (MHA), SEIU Hospital Workers’ Union, and Local Health Departments (LHDs), to develop an amended bill that is a critical first step in improving the use of Community Benefit dollars. The proposed Workgroup to be convened by the HSCRC will develop a better foundation to strategically plan for both the immediate and long-term health needs of communities. In turn, this should lead to lower healthcare costs and align with the Total Cost of Care model. LHDs possess a combination of professional community health expertise, deep knowledge of the needs of the underserved, and a strong working relationship with health and social service wrap-around organizations, all of which are critical to the success of community health programs. HB 1169, as amended, stipulates that LHDs will assess the effectiveness of our local hospitals’ future Community Benefit spending.
Prescription Drug Monitoring Program
SB 710: Health - General - Prescription Drug Monitoring Program - County Health Officer
Introduced by Sen. Jack Bailey, this bill requires the Prescription Drug Monitoring Program (PDMP) to disclose prescription drug monitoring data, in accordance with regulations adopted by the Secretary of Health, to a local health department (LHD) or local health officer for the purpose of evaluating the distribution or abuse of a monitored prescription drug. Also under this bill, the PDMP may request that the technical advisory committee review any requests from an LHD or local health officer and provide specified clinical guidance and interpretation of the information. MACHO supports SB 710 and will testify in support of this bill.
Why MACHO supports SB 710:
This bill provides local health departments the means to educate providers in their communities who prescribe significantly higher amounts of controlled dangerous substances than their peers. Unintentional overprescribing by well-intended clinicians continues to infuse opioids and benzodiazepines into communities across Maryland. There is not current, practical mechanism to identify and educate these providers. Maryland has one of the highest prescription-related opioid death rates in the nation and this bill will allow for much needed evidence-based education for prescribers at the local level. Since local health departments do not have law enforcement authority regarding prescribing habits, they are well positioned to improve prescriber behavior through non-threatening, community-oriented, public health education. Further, SB 710 aligns with the prescription drug monitoring (PDMP)’s new Academic Detailing program that aims to improve prescribers’ CDS awareness and education.
Trauma-Informed Schools Initiative
SB 367: State Department of Education - Guidelines on Trauma-Informed Approach
Cross filed with HB 277, this bill would establish the Trauma-Informed Schools Initiative in the State Department of Education to expand the use of the trauma-informed approach in schools and intensively train schools on becoming trauma-informed schools. It would also require the Department to develop and distribute certain guidelines and to develop a website on the trauma-informed approach. Further, the bill would require the Department to select one school each from certain areas to receive intensive training on the trauma-informed approach on or before July 1, 2020. MACHO supports SB 367 and has submitted a letter of support.
Why MACHO supports SB 367:
- We recognize the lasting impact that childhood trauma has in the long-term health and development of a child and the benefits of early intervention.
- We recommend ensuring it compliments other Kirwan Commission-related legislation to better coordinate and align comprehensive school health services in Maryland.
- MACHO recommends MSDE and MDH review the extensive existing curriculum and training in this area instead of developing brand new content and focus on developing implementation guidelines and rollout strategies. We support conducting a pilot to study effectiveness before implementing statewide and securing adequate funding for successful rollout.
- Making information and resources available via a website will allow other schools not in the pilot to become familiar with the project. Local Health Departments (LHDs) work closely with their local school systems and other community partners on a regular basis and reducing the negative impact of childhood trauma on our youth is a community priority.
- Intervening and providing supports as early as possible is critical to mitigating potential negative outcomes.
- Research shows that childhood trauma and adverse childhood experiences can have a lasting impact on child development and put children at risk for unhealthy behaviors and long-term health risks.
MENTAL HEALTH ACCESS INITIATIVE
HB 782: Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative)
Cross filed with SB 611, this bill would give all minors, instead of just those 16 years and older, the same capability as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a health care provider or clinic. It also provides that a health care provider may decide to provide specific information to a certain parent, guardian, or custodian under certain provisions of law unless the provider believes that the disclosure will result in harm to the minor or discourage the minor from seeking care. MACHO supports HB 782.
Implicit Bias Training - Perinatal Care
HB 837: Public Health - Maternal Mortality and Morbidity - Implicit Bias Training and Study
This bill, which was co-sponsored by 37 delegates, would alter the purposes of the Cultural and Linguistic Health Care Professional Competency Program by requiring the establishment and provision of an evidence-based implicit bias training program for health care professionals involved in perinatal care. And it would require that certain training be offered to and completed by the health care professionals on or before January 1, 2021. MACHO supports HB 837.
Board of Environmental Health Specialists Fund
SB 673: State Board of Environmental Health Specialists – Fees – General Fund
Sen. Kathy Klausmeier of Baltimore County introduced this bill to repeal the provisions that created the State Board of Environmental Health Specialists Fund. It also intends to require the State Board of Environmental Health Specialists to pay money collected for its services into the General Fund of the state.
MACHO supports SB 673.
Taxation and Regulation of "Other tobacco products"
HB 732: Electronic Smoking Devices, Other Tobacco Products, and Cigarettes – Taxation and Regulation
This bill, which was cross filed with SB 3, would apply certain provisions of tax law to regulating the sales, manufacturing, distribution, possession and use of cigarettes and other tobacco products to specific electronic smoking devices. It alters the definition of “other tobacco products” to include consumable products and the components or parts of those products, and requires the Governor to include at least $21 million in the annual budget for 2022 fiscal year and beyond. MACHO supports HB 732 and will testify in support of the bill.
Why MACHO supports HB 732:
- Tobacco remains the leading cause of preventable death and disability in the US
- The state of Maryland is directly financially impacted by tobacco-related diseases, including medical and Medicaid expenses
- E-cigarette use by youth is at an alarming rate, and adolescent nicotine addiction increases the risk for addiction to other drugs
- Increases in price are effective in reducing smoking among lower socioeconomic populations
- Increased taxation results in a four time greater reduction in smoking among adolescents than adults
Access to Vaccines Act
SB 135: Public Health – Immunizations – Minor Consent (Access to Vaccines Act)
Cross filed with HB 87, this bill would authorize a health care provider to provide an immunization to a minor without the consent of a parent or other individual who has authority to consent to a minor’s immunization, if the minor consents to the immunization, is at least 16 years of age, the health care provider determines the minor is able to make an informed consent to the immunization, and the health care provider makes available information about the immunization to the minor in the same way they would notify the minor’s parent or other authorized individual. MACHO supports SB 135.
Why MACHO supports this bill:
Access to vaccination is a key element of preventative healthcare. Due to an increase in misinformation about vaccines, there are currently a higher number of unvaccinated teens than there have been at any time in the past five decades. As teens leave home for college or vocational opportunities, they will be exposed to new environments that place them at increased risk for communicable diseases, such as meningitis and measles. For decades, Maryland has recognized the ability of 16- and 17-year-olds to make independent decisions regarding other types of healthcare, including reproductive health, mental health, and substance use services, which assumes their cognitive abilities are capable of weighing the necessary risks and benefits of vaccination.
Licensing Limitations for Opioid Treatment Services
SB 520: Behavioral Health Programs – Opioid Treatment Services – Limitation on Licenses
Senators Cory V. McCray and Arthur Ellis introduced this bill, which would prohibit the Behavioral Health Administration (BHA) from approving more than five licenses in each county for behavioral health programs that provide opioid treatment services and require special BHA approval to secure any additional licenses in a county. MACHO has concerns with SB 520.
Why MACHO is concerned about this bill:
The majority of Opioid Treatment Programs (OTPs) certified by the Maryland Department of Health’s BHA offer high quality services for treating opioid use disorders that reflect best practices to curb opioid-related overdose fatalities. MACHO is concerned with how the bill seeks to limit the proliferation of “gas-and-go” OTPs. 57 percent of Marylanders who use drugs receive evidence-based treatment each year. Increasing access to medication-assisted treatment is proven to reduce opioid overdose mortality rates. At a time when opioid overdoses in Maryland continue to increase, this bill would limit to five the number of OTP licensed providers in each jurisdiction based on population size. This measure does not take into consideration the quality of OTP services each licensee offers, the rate of opioid-related substance use disorders in the jurisdiction, the geographic size of each jurisdiction or concomitant suitability of the location of OTPs. Additionally, the bureaucratic burden of pursuing state legislation for BHA to exempt a local jurisdiction from this proposed limit, is unwieldy in a time when more quality providers are needed.
On-Site Medical Directors for Opioid Treatment Services
SB 521: Behavioral Health Programs – Opioid Treatment Services – Medical Director
This bill would require opioid treatment services programs to be under the direction of at least one on-site medical director, require the medical director be on site at least 20 hours per week, and prohibit any on-site requirements from being delivered via telehealth methods. MACHO has concerns with SB 521.
Why MACHO is concerned about this bill:
The requirements of this legislation will jeopardize practices at a time when the need and demand for services is great, due to the ongoing opioid epidemic. The cost of employing these specialized physicians for 20 hours per week will greatly increase the cost of service and be prohibitive for some counties to justify and sustain. The weekly hours requirement may place some opioid treatment services programs that are currently in operation at risk of closing because they may not be able to recruit a medical director who is able to work on-site for the requisite 20 hours per week.
In rural areas where there are fewer patients in medication-assisted treatment, there is less of a need for a physician to be on-site this many hours a week, as these patients do not need to be evaluated weekly. Telehealth enables the provision of services in a less expensive way in practices that cannot support this level of in-person physician coverage, and this bill would prohibit that.
Mental Health Access Initiative
SB 611: Health – Mental and Emotional Disorders – Consent (Mental Health Access Initiative)
Introduced by Sen. Malcolm L. Augustine, this bill would give minors the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a healthcare provider or clinic, and provide that a healthcare provider may make the determination to share certain information to the minor’s parent or guardian under certain provisions of law, unless the healthcare provider deems that this disclosure will lead to harm to the minor or deter the minor from seeking care. MACHO supports SB 611.
Why MACHO supports this bill:
Youth participation in mental health services would increase and begin sooner under this bill because they could consent themselves, instead of waiting for parental consent. Also, ongoing participation in mental health services is likely to increase if youth use services that reduce barriers to treatment, such as transportation and parental participation and support. This bill would put mental health on par with substance use treatment and reproductive care for minors, which have for decades allowed minors of any age to independently seek care, leaving the decision to notify a parent or guardian to the healthcare provider. Minors of all ages are already considered emancipated, and providing youth with better access to mental healthcare will increase access to treatment.
PUBLIC INFORMATION ACT REQUEST responses and timing
HB 42: PIA – Applications for Inspection – Responses and Time Limits
Introduced by Del. Michele Guyton, and cross filed with SB 67, this bill would reduce the time permitted to grant or deny Public Information Act (PIA) requests to inspect or produce a public record, reduce the time permitted to inform the applicant in writing that the request will take more time, and limit extensions without the consent of the applicant. MACHO has concerns with HB 42 and submitted a letter of concern.
Why MACHO is concerned about this bill:
HB 42 will decrease our response capacity to environmental health emergencies, compromise our ability to protect our clients’ privacy, expose government agencies to violations of our federal mandates, and increase potential for lawsuits.
Access to Vaccines Act
HB 87: PH – Immunizations – Minor Consent (Access to Vaccines Act)
This bill would authorize a healthcare provider to provide an immunization to a minor without the consent of a parent or other individual who has authority to consent to a minor’s immunization, if the minor consents to the immunization, is at least 16 years of age, the healthcare provider determines the minor is able to make an informed consent to the immunization, and the healthcare provider makes available information about the immunization to the minor in the same way they would notify the minor’s parent or other individual who has authorization of the minor. MACHO has concerns with HB 87 and submitted a letter of concern.
Why MACHO is concerned about this bill:
Access to vaccination is a key element of preventative healthcare. Due to an increase in misinformation about vaccines, there are currently a higher number of unvaccinated teens than there have been at any time in the past five decades. As teens leave home for college or vocational opportunities, they will be exposed to new environments that place them at increased risk for communicable diseases, such as meningitis and measles. For decades, Maryland has recognized the ability of 16- and 17-year-olds to make independent decisions regarding other types of healthcare, including reproductive health, mental health, and substance use services, which assumes they have the cognitive ability to weigh the necessary risks and benefits of vaccination.
revising the Public Information Act
HB 502: PIA – Revisions
Cross filed with SB 590, this bill would require custodians of public records to adopt a ‘proactive disclosure’ policy appropriate to the type of public record and reflecting the staff and budgetary resources of the governmental unit. The bill would also require custodians to include the publication of public records and publication of prior responses to requests for inspection under this policy on the unit’s website, publish a report of the requests and responses on their website each fiscal year, and make changes to the Board composition and responsibilities, including actions around fees. It would further require the OAG to provide staff to the Board and Office of Public Access Ombudsman, and to adopt regulations and other related duties for the Compliance Board regarding requests or patterns of requests deemed to be frivolous or vexatious. MACHO has concerns with HB 502 and submitted a letter of concern.
Why MACHO is concerned about this bill:
Local health departments (LHDs) have a legal obligation to be diligent stewards of protected information to ensure that sensitive data is protected, and we respond to thousands of Public Information Act (PIA) requests per year. The responsibility within an LHD to respond to PIA requests is typically shared across staff in different programs. A complicating factor in the efficiency of this process is that many LHD records are not digital, therefore it is an analog process to comply with a request. The comprehensive system of tracking and reporting required in this bill will ultimately increase response times, delay the resolution of requests, and increase the fiscal impact of responding to requests.
substance Screenings for incarcerated Pregnant PERSONS
HB 524: Correctional Services – Pregnant Incarcerated Individuals – Substance Abuse and Treatment
This bill would require screenings for substance use disorders at intake for pregnant incarcerated persons, using a certain screening tool, and referral for care if treatment is deemed necessary and consented to by the person. It would also ensure that medications deemed necessary are provided, and that appropriate links to care and insurance coverage are made and continued upon release, according to accepted clinical practices. MACHO supports HB 524.
Why MACHO supports this bill:
In addition to the effects of opioids on the pregnant woman herself, substance use during pregnancy is associated with higher rates of negative birth outcomes, including fetal growth restriction, placental abruption, pre-term labor, neonatal abstinence syndrome, and fetal death. According to the American College of Gynecology, the evidence-based best practice and standard of care for pregnant women with opioid use disorder is medication-assisted treatment (MAT) with evidence-based behavioral health services. Providing MAT in correctional settings has proven to be an effective means to combat the opioid crisis. MAT with behavioral health services during pregnancy is associated with increased prenatal care, improved adherence to addiction treatment, improved birth outcomes, and reduced risk of relapse and overdose.
Electronic Smoking Devices with Added Flavoring
SB 54: E-Cig – Added Flavoring – Prohibition on Shipping, Import or Sale
This bill would prohibit an individual from shipping, importing, or selling into or within Maryland an electronic smoking device that has an added artificial or natural flavoring, other than tobacco, whose purpose is to give a specific taste or smell when used and enact the bill as an emergency measure. MACHO supports SB 54.
Why MACHO supports this bill:
In Maryland, more than 1 in 3 high school students have tried electronic vaping products. Young people who use tobacco are at increased risk for addiction and associated negative health behaviors. Tobacco use also affects the developing adolescent brain: youth who use tobacco are more likely to develop mood disorders and have trouble with impulse control. The Surgeon General has recognized the significant role that flavors play in attracting youth to initiate use of electronic smoking devices (ESDs). Flavors, such as strawberry and chocolate, combined with youth-targeted marketing have enhanced the appeal of ESDs to young people. Flavored products are a critical entry point to tobacco use among youth, with more than 95 percent of young people starting tobacco or vape use with a flavored product. Initiation prior to age 21 is associated with a decreased ability to quit use of tobacco products. There is evidence to suggest that lack of access to flavored electronic vaping products would reduce rates of use among youth. Tobacco use remains the single greatest risk factor for morbidity and mortality in the United States. SB 54 would be an important step toward reducing youth access to flavored tobacco products.
Flavored Tobacco Products
SB 233: Business Regulation - Flavored Tobacco Products - Prohibition
This bill would provide that certain licenses to manufacture, buy, sell, and store cigarettes, other tobacco products, and electronic smoking devices do not authorize the licensee to manufacture, ship, import, or sell into or within the State a flavored tobacco product with a taste or smell of fruit, mint, candy, or other non-tobacco flavors, providing that a public health statement that cigarettes, other tobacco products, or electronic smoking devices have or produce certain smell or taste is presumptive evidence that they are flavored tobacco products. MACHO supports SB 233 and will testify in support of this bill.
Why MACHO supports this bill:
Prohibiting the sale of all flavored tobacco products, including menthol cigarettes, small, flavored cigars, and vape products is the most powerful step possible to reverse the recent wave of nicotine addiction. SB 233 will substantially decrease health disparities among Maryland’s African American population who have been targeted by the tobacco industry for decades with menthol products, and immediately begin to reverse the proliferation of teen vaping and nicotine addiction. Prohibiting flavored tobacco products will reduce health insurance costs for small and large businesses, lead to hundreds of millions of dollars in Medicaid savings over coming years, and help pave the way to a healthier and more productive workforce in Maryland. Read more about how flavored tobacco products increase the risk of smoking for high school students.
Flavored Tobacco Products
HB 3: Business Regulation - Flavored Tobacco Products - Prohibition
Del. Dereck Davis of Prince George's County introduced House Bill 3, which would prohibit the sale of all flavored tobacco products, including menthol cigarettes, small, flavored cigars, and vape products in Maryland. This bill was cross filed with SB 233 on January 17, 2020. MACHO supports HB 3 because it is the most powerful step possible to reverse the recent wave of nicotine addiction. Read more about why MACHO supports HB3, and how flavored tobacco products increase the risk of smoking for high school students.