EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0196*
SENATE BILL 196
J1 2lr0053
(PRE–FILED)
By: Chair, Finance Committee (By Request – Departmental – Health)
Requested: October 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health – Overdose Report 2
FOR the purpose of extending the termination date for certain provisions of law requiring 3
the Secretary of Health to examine and report on fatal overdoses involving opioids 4
and other controlled substances; altering the requirements relating to the 5
examination and report; and generally relating to the Maryland Department of 6
Health and reporting on fatal overdoses. 7
BY repealing and reenacting, with amendments, 8
Article – Health – General 9
Section 7.5–701 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, with amendments, 13
Chapter 211 of the Acts of the General Assembly of 2018 14
Section 3 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
7.5–701. 19
(a) On or before July 1 each year, the Secretary shall examine the [prescription 20
and treatment] history[, including court–ordered treatment or treatment provided through 21
the criminal justice system,] of individuals in the State who suffered fatal overdoses 22
involving [opiates] OPIOIDS and other controlled [dangerous] substances in the 23 2 SENATE BILL 196
immediately preceding 4 calendar years. 1
(b) In conducting the examination required under subsection (a) of this section, 2
the Secretary shall collaborate with the Department of Public Safety and Correctional 3
Services, the Department of Human Services, the Department of Juvenile Services, the 4
Maryland Institute for Emergency Medical Services Systems, the Department of Housing 5
and Community Development, and any other State and local agency that the Secretary 6
considers necessary. 7
(c) (1) Beginning July 1, 2019, and each year thereafter, the Secretary shall 8
provide a report on the findings of the examination required under subsection (a) of this 9
section to the Governor and, in accordance with § 2–1257 of the State Government Article, 10
the General Assembly. 11
(2) The report required under paragraph (1) of this subsection shall: 12
(i) Include an assessment of the factors associated with fatal and 13
nonfatal opioid overdose risk and an assessment of the programs targeted at opioid use and 14
misuse, including: 15
1. Utilization of mental health and substance use disorder 16
treatment and recovery support services, including claims data from the Maryland Medical 17
Assistance Program; 18
2. Utilization of hospital services; 19
3. Utilization of emergency medical services; 20
4. Utilization of controlled prescription drugs and antidotes; 21
5. Involvement with the State and local criminal justice 22
system, including arrest, incarceration, and community supervision; 23
6. Involvement with social services agencies; 24
7. Socioeconomic status, race, age, ethnicity, location of 25
overdose, marital status, and employment status; 26
8. Education status; and 27
9. Access to public or private health insurance coverage; 28
(ii) Identify and assess methods of intervening with populations 29
found to be at risk of overdose or a substance use disorder; and 30
(iii) Include recommendations for improving and providing statewide 31
prevention, response, and data collection efforts related to substance use disorder. 32 SENATE BILL 196 3
(3) The assessment required under paragraph (2) of this subsection shall 1
include accessing, and where feasible links to, the following data sets: 2
(i) Overdose deaths and other fatal drug poisonings; 3
(ii) Substance use treatment; 4
(iii) Prescription Drug Monitoring Program; 5
(iv) Emergency medical services database; 6
(v) Select birth information for children exposed to opioids during 7
gestation; 8
(vi) Cancer registry; 9
(vii) Cause and manner of death and toxicology; 10
(viii) Hospital case mix, emergency department and inpatient records 11
associated with substance use disorder and nonfatal controlled dangerous 12
substance–related poisonings; 13
(ix) All payer claims database; 14
(x) Corrections mental health and substance use disorder data and 15
incarcerations in correctional facilities including county detention centers; 16
(xi) [Needle exchange program] SYRINGE SERVICE PROGRAMS ; 17
(xii) Drug seizures; 18
(xiii) Index of concentration at the extremes; 19
(xiv) Maryland violent death records system; 20
(xv) Electronic Surveillance System for the Early Notification of 21
Community–based Epidemics; 22
(xvi) Vital statistics; 23
(xvii) State and local fatality review records; and 24
(xviii) Maryland Medical Assistance Program pharmacy claims. 25
(4) On or before September 1, 2018, each entity identified under subsection 26
(b) of this section shall provide data to the Department in accordance with this section and 27 4 SENATE BILL 196
enter into a data sharing use agreement with the Department. 1
(d) Any records and information provided to the Department in accordance with 2
this section that could identify any individual are not public records and are not subject to 3
discovery, subpoena, or other means of legal compulsion in civil or criminal litigation. 4
(e) The Department shall seek any available federal funding to implement the 5
requirements of this section. 6
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7
as follows: 8
Chapter 211 of the Acts of 2018 9
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 10
1, 2018. [It] SECTION 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS ENACTED 11
BY SECTION 1 OF THIS ACT, shall remain effective for a period of 4 years and 2 months 12
and, at the end of July 31, 2022, § 1–224 OF THE HEALTH OCCUPATIONS ARTICLE, AS 13
ENACTED BY SECTION 1 OF this Act, with no further action required by the General 14
Assembly, shall be abrogated and of no further force and effect. SECTION 7.5–701 OF THE 15
HEALTH – GENERAL ARTICLE, AS ENACTED BY SECTION 1 OF THIS ACT, SHALL 16
REMAIN EFFECTIVE FOR A PERIOD OF 6 YEARS AND 2 MONTHS AND , AT THE END OF 17
JULY 31, 2024, § 7.5–701 OF THE HEALTH – GENERAL ARTICLE, AS ENACTED BY 18
SECTION 1 OF THIS ACT, WITH NO FURTHER ACTI ON REQUIRED BY THE GENERAL 19
ASSEMBLY, SHALL BE ABROGATED A ND OF NO FURTHER FOR CE AND EFFECT . 20
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2022. Section 1 of this Act shall remain effective for a period of 2 years and 1 month and, 22
at the end of July 31, 2024, Section 1 of this Act, with no further action required by the 23
General Assembly, shall be abrogated and of no further force and effect. 24