LAWRENCE J. HOGAN, JR., Governor Ch. 270
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Chapter 270
(House Bill 794)
AN ACT concerning
Public Health – Opioid Restitution Fund Advisory Council
FOR the purpose of establishing the Opioid Restitution Fund Advisory Council in the
Maryland Department of Health to provide specific findings and recommendations
regarding the allocation of money from the Opioid Restitution Fund; altering the
permissible uses for the Fund and the requirement that the Governor consult with
certain persons to identify recommended appropriations from the Fund; and
generally relating to the Opioid Restitution Fund Advisory Council.
BY adding to
Article – Health – General
Section 7.5–901 through 7.5–905 to be under the new subtitle “Subtitle 9. Opioid
Restitution Fund Advisory Council”
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 7–331(a) through (c) and (e)
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 7–331(f) and (j)
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL.
7.5–901.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
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(B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY
COUNCIL.
(C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDE R
§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
7.5–902.
THERE IS AN OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE
DEPARTMENT .
7.5–903.
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE
DEPUTY SECRETARY’S DESIGNEE;
(4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR
THE DEPUTY SECRETARY’S DESIGNEE;
(5) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S
DESIGNEE;
(5) (6) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL
COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
(6) (7) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR:
(I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID
TREATMENT PROGRAM ;
(II) ONE OF WHOM REPRESENTS A COMMUNI TY–BASED
SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND
(III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN
HARM REDUCTION SERVI CES; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 270
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(7) (8) THREE INDIVIDUALS APP OINTED BY THE SECRETARY:
(I) ONE OF WHOM IS AN IND IVIDUAL IN RECOVERY FROM A
SUBSTANCE USE DISORD ER;
(II) ONE OF WHOM IS A FAMI LY MEMBER OF AN INDI VIDUAL
WHO HAS EXPERIENCED AN OVERDOSE ; AND
(III) ONE OF WHOM IS AN IND IVIDUAL DISPROPORTIO NATELY
IMPACTED BY SUBSTANC E USE DISORDERS AND DISPARITIES IN ACCESS TO CARE ;
AND
(8) (9) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE
DIRECTOR OF THE MARYLAND ASSOCIATION OF COUNTIES; AND
(10) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE DIRECTOR OF
THE MARYLAND MUNICIPAL LEAGUE.
(B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY
UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE:
(1) REFLECT THE GEOGRAPHI C REGIONS OF THE STATE;
(2) BE REPRESENTATIVE OF AT–RISK POPULATIONS ; AND
(3) REFLECT THE ETHNIC , GENDER, AND CULTURAL DIVERSI TY OF
THE STATE.
(C) THE COUNCIL SHALL DESIGNA TE A CHAIR FROM AMON G THE
MEMBERSHIP OF THE COUNCIL.
(D) (1) (I) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR
OR THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION IS 2 YEARS.
(II) THE TERMS OF THE MEMB ERS APPOINTED BY THE
GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE
STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE
COUNCIL ON OCTOBER 1, 2022.
(III) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES.
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(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.
(2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY
UNDER SUBSECTION (A) OF THIS SECTION MAY SERVE FOR A MAXIMUM OF TWO
CONSECUTIVE TERMS .
(3) NOTWITHSTANDING ANY O THER PROVISIONS OF T HIS
SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR.
(E) A MEMBER OF THE COUNCIL:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
COUNCIL; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE
ADDITIONAL INDIVIDUALS WIT H RELEVANT EXPERTISE TO SERVE ON A COMMIT TEE
OF THE COUNCIL IN AN ADVISOR Y CAPACITY.
7.5–904.
(A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO
BUSINESS, INCLUDING THE CREATI ON OF COMMITTEES .
(2) THE COUNCIL MAY CONSULT WITH STATE AGENCIES TO CAR RY
OUT THE DUTIES OF TH E COUNCIL.
(3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A Y EAR.
(4) A MAJORITY OF THE VOTI NG MEMBERS OF THE COUNCIL IS A
QUORUM.
(B) THE BEHAVIORAL HEALTH ADMINISTRATION OPIOID OPERATIONAL
COMMAND CENTER SHALL PROVIDE APPROP RIATE STAFF NECESSAR Y TO SUPPORT
THE FUNCTIONS OF THE COUNCIL.
7.5–905.
ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE
SPECIFIC FINDINGS AN D RECOMMENDATIONS IN WRITING TO THE GOVERNOR AND LAWRENCE J. HOGAN, JR., Governor Ch. 270
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THE SECRETARY REGARDING THE ALLOCATIONS OF M ONEY FROM THE FUND FOR
EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE
FOLLOWING CRITERIA :
(1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE
DISORDER IN A JURISD ICTION;
(2) DISPARITIES IN ACCESS TO CARE IN A JURISDICTION THAT MAY
PRECLUDE PERSONS ;
(3) THE NUMBER OF OVERDOS E DEATHS PER CAPITA IN A
JURISDICTION;
(4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES
CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUBSTANCE USE DISORD ERS IN A
JURISDICTION; AND
(5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A
JURISDICTION.
Article – State Finance and Procurement
7–331.
(a) In this section, “Fund” means the Opioid Restitution Fund.
(b) There is an Opioid Restitution Fund.
(c) The purpose of the Fund is to retain the amount of settlement revenues
deposited to the Fund in accordance with subsection (e)(1) of this section.
(e) The Fund consists of:
(1) all revenues received by the State from any source resulting, directly or
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid
research associations, or any other person in the opioid industry relating to any claims
made or prosecuted by the State to recover damages for violations of State law; and
(2) the interest earnings of the Fund.
(f) The Fund may be used only to provide funds for:
(1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR
EVIDENCE–BASED SUBSTANCE USE DISORDER PREVENTION , TREATMENT ,
RECOVERY, OR HARM REDUCTION TH AT HAVE THE PURPOSE OF: Ch. 270 2022 LAWS OF MARYLAND
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(I) improving access to medications proven to prevent or reverse an
overdose;
[(2)] (II) supporting peer support specialists and screening, brief
intervention, and referral to treatment services for hospitals, correctional facilities, and
other high–risk populations;
[(3)] (III) increasing access to medications that support recovery from
substance use disorders;
[(4)] (IV) expanding the Heroin Coordinator Program, including for
administrative expenses;
[(5)] (V) expanding access to crisis beds and residential treatment
services FOR ADULTS AND MINOR S;
[(6)] (VI) expanding and establishing safe stations, mobile crisis response
systems, and crisis stabilization centers;
[(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH
CRISIS HOTLINE;
[(8)] (VIII) organizing primary and secondary school education campaigns
to prevent opioid use, including for administrative expenses;
[(9)] (IX) enforcing the laws regarding opioid prescriptions and sales,
including for administrative expenses;
[(10)] (X) research regarding and training for substance use treatment and
overdose prevention, including for administrative expenses; and
[(11)] (XI) supporting and expanding other evidence–based interventions
for overdose prevention and substance use treatment;
(2) EVIDENCE–INFORMED SUBSTANCE U SE DISORDER PREVENTI ON,
TREATMENT RECOVERY , OR HARM REDUCTION PI LOT PROGRAMS OR
DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID
RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE
HEALTH – GENERAL ARTICLE:
(I) DETERMINES THAT EMER GING EVIDENCE SUPPOR TS THE
DISTRIBUTION OF MONE Y FOR THE PILOT PROG RAM OR THAT THERE IS A LAWRENCE J. HOGAN, JR., Governor Ch. 270
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REASONABLE BASIS FOR FUNDING THE DEMONSTR ATION STUDY WITH THE
EXPECTATION OF CREAT ING AN EVIDENCE –BASED PROGRAM ; AND
(II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRAM
OR DEMONSTRATION STU DY; AND
(3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES
REPORTING FOR SUBSTA NCE USE DISORDER ABA TEMENT INFRASTRUCTUR E,
PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WH ICH MONEY FROM THE
FUND WAS USED , INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM
REDUCTION SERVICES O R TREATMENT FOR SUBS TANCE USE DISORDERS AND THE
REDUCTION IN DRUG –RELATED MORTALITY .
(j) The Governor shall:
(1) develop key goals, key objectives, and key performance indicators
relating to substance use treatment and prevention efforts;
(2) at least [once] TWICE annually, consult with [substance use treatment
and prevention stakeholders, including consumers, providers, families, and advocates,]
THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended
appropriations from the Fund; and
(3) report on or before November 1 each year, in accordance with § 2–1257
of the State Government Article, to the General Assembly on:
(i) an accounting of total funds expended from the Fund in the
immediately preceding fiscal year, by:
1. use;
2. if applicable, jurisdiction; and
3. budget program and subdivision;
(ii) the performance indicators and progress toward achieving the
goals and objectives developed under item (1) of this subsection; and
(iii) the recommended appropriations from the Fund identified in
accordance with item (2) of this subsection.
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial
appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows:
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(1) one member appointed by the Governor and one member appointed by
the Secretary of Health in 2023;
(2) one member appointed by the Governor and one member appointed by
the Secretary of Health in 2024; and
(3) one member appointed by the Governor and one member appointed by
the Secretary of Health in 2025.
SECTION 3. AND BE IT FURTHER ENACTED, That th is Act shall take effect
October 1, 2022.
Approved by the Governor, May 12, 2022.