2017 MD HB 600/SB 175, proposed by Delegate Kramer and Senator Manno, respectively, propose restrictions on private property where medical oxygen is in use.

Among the proposed nanny state provisions:

(A) AN INDIVIDUAL MAY NOT LIGHT OR SMOKE A CIGARETTE, CIGAR, PIPE, OR ANY OTHER MATTER OR SUBSTANCE THAT CONTAINS TOBACCO:

(1) IN A ROOM OF A RESIDENTIAL DWELLING IN WHICH MEDICAL OXYGEN IS BEING USED; OR

(2) WITHIN 20 FEET OF A ROOM OF A RESIDENTIAL DWELLING IN WHICH MEDICAL OXYGEN IS BEING USED.

And:

(2) AN INDIVIDUAL WHO USES OR WILL BEGIN TO USE MEDICAL OXYGEN SHALL NOTIFY THE OWNER OF THE RESIDENTIAL DWELLING, THE OWNER’S REPRESENTATIVE OR AGENT, OR THE HOMEOWNERS ASSOCIATION OR OTHER SIMILAR ENTITY THAT THE INDIVIDUAL USES OR WILL BEGIN TO USE MEDICAL OXYGEN.

(3) THE INDIVIDUAL SHALL MAKE THE NOTIFICATION REQUIRED UNDER PARAGRAPH (2) OF THIS SUBSECTION:

(I) AT LEAST 5 DAYS BEFORE BEGINNING TO RESIDE IN THE RESIDENTIAL DWELLING; OR

(II) IF THE INDIVIDUAL RESIDES IN THE RESIDENTIAL DWELLING AT THE TIME THE INDIVIDUAL WILL BEGIN TO USE MEDICAL OXYGEN, AT LEAST 5 DAYS BEFORE THE INDIVIDUAL BEGINS TO USE MEDICAL OXYGEN.

Owners and/or HOAs would be responsible to post, “oxygen in use” signs.

Of course, there is a monetary penalty, payable to the State, for infractions:

(1) FOR A FIRST VIOLATION, SHALL BE ISSUED A WRITTEN REPRIMAND BY THE SECRETARY OR THE SECRETARY’S DESIGNEE;

(2) FOR A SECOND VIOLATION, IS SUBJECT TO A CIVIL PENALTY OF $100; AND

(3) FOR EACH SUBSEQUENT VIOLATION, IS SUBJECT TO A CIVIL PENALTY NOT LESS THAN $250.

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