EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0571*
HOUSE BILL 571
J1 (3lr1931)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Delegate Kipke Delegates Kipke, Alston, Bagnall, Bhandari,
Chisholm, Cullison, Guzzone, Hill, S. Johnson, Kaiser, Kerr, R. Lewis,
Lopez, Martinez, M. Morgan, Pena–Melnyk, Rosenberg, Szeliga, Taveras,
White, and Woods
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Overdose Response Program – Opioid Overdose Reversal Drugs – Choice of 2
Formulation and Dosage 3
Opioids – Opioid Restitution Advisory Council and Fund and Overdose 4
Response Program 5
FOR the purpose of authorizing the Attorney General to direct that an Opioid Restitution 6
Fund Advisory Council committee be formed if required by a court or administrative 7
order or settlement agreement entered into by the Attorney General; requiring the 8
Maryland Department of Health, subject to the limitations of the State budget, to 9
allow certain entities provided opioid overdose reversal drugs by the Department 10
under the Overdose Response Program to choose the formulation or dosage of opioid 11
overdose reversal drugs approved by the federal Food and Drug Administration with 12 2 HOUSE BILL 571
which the entity is to be provided; applying the requirement that the appropriation 1
and distribution of funds in the Opioid Restitution Fund that were received in 2
accordance with certain opioid–related final distributor and settlement agreements 3
be made in a certain manner to funds received in accordance with any opioid–related 4
court or administrative judgment or settlement agreement; and generally relating to 5
the Overdose Response Program opioids. 6
BY repealing and reenacting, with amendments, 7
Article – Health – General 8
Section 7.5–903(f), 7.5–904, and 13–3103 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2022 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 7–331(a) through (c) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 7–331(h) 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health – General 24
7.5–903. 25
(f) [With] SUBJECT TO § 7.5–904(C) OF THIS SUBTITLE , WITH the consent of 26
the Council, the chair may designate additional individuals with relevant expertise to serve 27
on a committee of the Council in an advisory capacity. 28
7.5–904. 29
(a) (1) [The] SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE Council 30
may adopt procedures necessary to do business, including the creation of committees. 31
(2) The Council may consult with State agencies to carry out the duties of 32
the Council. 33
(3) The Council shall meet at least four times a year. 34
(4) A majority of the voting members of the Council is a quorum. 35 HOUSE BILL 571 3
(b) The Opioid Operational Command Center shall provide appropriate staff 1
necessary to support the functions of the Council. 2
(C) (1) IF REQUIRED BY A COURT OR ADMINISTRAT IVE ORDER OR A 3
SETTLEMENT AGREEMENT ENTERED INTO BY THE ATTORNEY GENERAL, THE 4
ATTORNEY GENERAL MAY DIRECT TH AT A COUNCIL COMMITTEE BE FORMED IN 5
ACCORDANCE WITH THE REQUIREMENTS OF THE COURT OR ADMINISTRAT IVE 6
ORDER OR SETTLEMENT AGREEMEN T. 7
(2) THE ATTORNEY GENERAL SHALL ESTABLI SH PROCEDURES FOR A 8
COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS SUBSECTION I N ORDER TO 9
ENSURE COMPLIANCE WI TH THE REQUIREMENTS OF THE COURT OR 10
ADMINISTRATIVE ORDER OR SETTLEMENT AGREEM ENT. 11
(3) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH , A 12
COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS SUBSECTION S HALL CONDUCT 13
ONLY BUSINESS RELATE D TO THE PURPOSE OF THE COURT OR ADMINIS TRATIVE 14
ORDER OR SETTLEMENT AGREEMENT THAT REQUI RED THE FORMATION OF THE 15
SUBCOMMITTEE . 16
(II) A COMMITTEE MAY CONDUC T BUSINESS RELATED T O 17
MULTIPLE COURT OR AD MINISTRATIVE ORDERS OR SETTLEMENT AGREEM ENTS IF 18
THE COURT OR ADMINIS TRATIVE ORDERS OR SE TTLEMENT AGREEMENTS CONTAIN 19
IDENTICAL REQUIREMEN TS. 20
(4) A COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS 21
SUBSECTION MAY CONSI ST ONLY OF MEMBERS O F THE COUNCIL. 22
(5) UNLESS OTHERWISE PROV IDED IN A COURT OR A DMINISTRATIVE 23
ORDER OR SETTLEMENT AGREEMENT , THE CHAIR OF THE COUNCIL, OR THE CHAIR’S 24
DESIGNEE, SHALL BE CHAIR OF A COMMITTEE FORMED UND ER PARAGRAPH (1) OF 25
THIS SUBSECTION . 26
13–3103. 27
(a) The Department shall adopt regulations necessary for the administration of 28
the Program. 29
(b) The Department may: 30
(1) Collect fees necessary for the administration of the Program; 31
(2) Authorize private or public entities to conduct education and training 32
on opioid overdose recognition and response that include: 33 4 HOUSE BILL 571
(i) Education on recognizing the signs and symptoms of an opioid 1
overdose; 2
(ii) Training on responding to an opioid overdose, including the 3
administration of opioid overdose reversal drugs approved by the federal Food and Drug 4
Administration; and 5
(iii) Access to opioid overdose reversal drugs approved by the federal 6
Food and Drug Administration and the necessary supplies for the administration of the 7
opioid overdose reversal drugs; 8
(3) Develop guidance regarding the content of educational training 9
programs conducted by private or public entities; and 10
(4) Collect and report data on the operation and results of the programs. 11
(c) An individual is not required to obtain training and education on opioid 12
overdose recognition and response from a private or public entity under subsection (b) of 13
this section in order for a pharmacist to dispense an opioid overdose reversal drug approved 14
by the federal Food and Drug Administration to the individual. 15
(d) (1) Subject to the limitations of the State budget, the Department shall 16
purchase and provide opioid overdose reversal drugs approved by the federal Food and 17
Drug Administration, at no cost, to the providers who are required to offer opioid overdose 18
reversal drugs approved by the federal Food and Drug Administration under § 8–408 or § 19
19–310.3 of this article. 20
(2) An entity required to offer an opioid overdose reversal drug approved 21
by the federal Food and Drug Administration under § 8–408 or § 19–310.3 of this article 22
may provide an opioid overdose reversal drug approved by the federal Food and Drug 23
Administration only if the opioid overdose reversal drug approved by the federal Food and 24
Drug Administration is provided by the Department. 25
(3) THE DEPARTMENT SHALL , SUBJECT TO THE LIMIT ATIONS OF THE 26
STATE BUDGET , ALLOW AN ENTITY THAT IS PROVIDED WITH OPI OID OVERDOSE 27
REVERSAL DRUGS BY TH E DEPARTMENT UNDER THIS SUBSECTION TO CHOOSE THE 28
FORMULATION OR DOSAG E OF OPIOID OVERDOSE REVERSAL DRUGS APPRO VED BY 29
THE FEDERAL FOOD AND DRUG ADMINISTRATION WITH W HICH THE ENTITY IS TO 30
BE PROVIDED. 31
Article – State Finance and Procurement 32
7–331. 33
(a) In this section, “Fund” means the Opioid Restitution Fund. 34 HOUSE BILL 571 5
(b) There is an Opioid Restitution Fund. 1
(c) The purpose of the Fund is to retain the amount of settlement revenues 2
deposited to the Fund in accordance with subsection (e)(1) of this section. 3
(h) (1) Expenditures from the Fund may be made only in accordance with the 4
State budget. 5
(2) For settlement funds received in accordance with the final distributor 6
agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Corporation, 7
and Cardinal Health Incorporated, as amended, [or] the Janssen settlement agreement of 8
July 21, 2021, as amended , OR ANY OTHER OPIOID –RELATED COURT OR 9
ADMINISTRATIVE JUDGM ENT OR SETTLEMENT AGREEMENT INVOLVING THE STATE 10
AND ONE OR MORE OF I TS POLITICAL SUBDIVI SIONS: 11
(i) appropriations from the Fund in the State budget shall be made 12
in accordance with the allocation and distribution of funds to the State and its political 13
subdivisions: 14
1. as agreed on in the State–subdivision agreement of 15
January 21, 2022, as amended; OR 16
2. REQUIRED UNDER ANY O THER OPIOID –RELATED 17
COURT OR ADMINISTRAT IVE JUDGMENT OR SETT LEMENT AGREEMENT , OR ANY 18
SIMILAR AGREEMENT RE ACHED UNDER AN OP IOID–RELATED COURT OR 19
ADMINISTRATIVE JUDGM ENT OR SETTLEMENT AG REEMENT, INVOLVING THE STATE 20
AND ONE OR MORE OF I TS POLITICAL SUBDIVI SIONS; and 21
(ii) the Secretary of Health shall establish and administer a grant 22
program for the distribution of funds to political subdivisions of the State in accordance 23
with: 24
1. the State–subdivision agreement of January 21, 2022, as 25
amended; OR 26
2. THE REQUIREMENTS OF ANY OTHER 27
OPIOID–RELATED COURT OR ADM INISTRATIVE JUDGMENT OR SETTLEMENT 28
AGREEMENT , OR ANY SIMILA R AGREEMENT REACHED UNDER AN OPIOID –RELATED 29
COURT OR ADMINISTRAT IVE JUDGMENT OR SETT LEMENT AGREEMENT , INVOLVING 30
THE STATE AND ONE OR MORE OF ITS POLITICAL SUB DIVISIONS. 31
(3) The Attorney General shall identify and designate the controlling 32
version of any agreement or amendment described under paragraph (2) of this subsection. 33
6 HOUSE BILL 571
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October July 1, 2023. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.