WES MOORE, Governor Ch. 356
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Chapter 356
(House Bill 571)
AN ACT concerning
Overdose Response Program – Opioid Overdose Reversal Drugs – Choice of
Formulation and Dosage
Opioids – Opioid Restitution Advisory Council and Fund and Overdose
Response Program
FOR the purpose of authorizing the Attorney General to direct that an Opioid Restitution
Fund Advisory Council committee be formed if required by a court or administrative
order or settlement agreement entered into by the Attorney General; requiring the
Maryland Department of Health, subject to the limitations of the State budget, to
allow certain entities provided opioid overdose reversal drugs by the Department
under the Overdose Response Program to choose the formulation or dosage of opioid
overdose reversal drugs approved by the federal Food and Drug Administration with
which the entity is to be provided; applying the requirement that the appropriation
and distribution of funds in the Opioid Restitution Fund that were received in
accordance with certain opioid–related final distributor and settlement agreements
be made in a certain manner to funds received in accordance with any opioid–related
court or administrative judgment or settlement agreement; and generally relating to
the Overdose Response Program opioids.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–903(f), 7.5–904, and 13–3103
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 7–331(a) through (c)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 7–331(h)
Annotated Code of Maryland
(2021 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General Ch. 356 2023 LAWS OF MARYLAND
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7.5–903.
(f) [With] SUBJECT TO § 7.5–904(C) OF THIS SUBTITLE , WITH the consent of
the Council, the chair may designate additional individuals with relevant expertise to serve
on a committee of the Council in an advisory capacity.
7.5–904.
(a) (1) [The] SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE Council
may adopt procedures necessary to do business, including the creation of committees.
(2) The Council may consult with State agencies to carry out the duties of
the Council.
(3) The Council shall meet at least four times a year.
(4) A majority of the voting members of the Council is a quorum.
(b) The Opioid Operational Command Center shall provide appropriate staff
necessary to support the functions of the Council.
(C) (1) IF REQUIRED BY A COURT O R ADMINISTRATIVE ORD ER OR A
SETTLEMENT AGREEMENT ENTERED INTO BY THE ATTORNEY GENERAL, THE
ATTORNEY GENERAL MAY DIRECT TH AT A COUNCIL COMMITTEE BE FORMED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE COURT OR ADMINISTRAT IVE
ORDER OR SETTLE MENT AGREEMENT .
(2) THE ATTORNEY GENERAL SHALL ESTABLI SH PROCEDURES FOR A
COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS SUBSECTION I N ORDER TO
ENSURE COMPLIANCE WI TH THE REQUIREMENTS OF THE COURT OR
ADMINISTRATIVE ORDER OR SETTLEMENT AGREEM ENT.
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A
COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS SUBSECTION S HALL CONDUCT
ONLY BUSINESS RELATE D TO THE PURPOSE OF THE COURT OR ADMINIS TRATIVE
ORDER OR SETTLEMENT AGREEMENT THAT REQUI RED THE FORMATION OF THE
SUBCOMMITTEE .
(II) A COMMITTEE MAY CONDUC T BUSINESS RELATED T O
MULTIPLE COURT OR AD MINISTRATIVE ORDERS OR SETTLEMENT AGREEM ENTS IF
THE COURT OR ADMINIS TRATIVE ORDERS OR SE TTLEMENT AGREEMENTS CONTAIN
IDENTICAL REQUIREMEN TS.
WES MOORE, Governor Ch. 356
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(4) A COMMITTEE FORMED UND ER PARAGRAPH (1) OF THIS
SUBSECTION MAY CONSI ST ONLY OF MEMBERS O F THE COUNCIL.
(5) UNLESS OTHERWISE PROV IDED IN A COURT OR A DMINISTRATIVE
ORDER OR SETTLEMENT AGREEMENT , THE CHAIR OF THE COUNCIL, OR THE CHAIR’S
DESIGNEE, SHALL BE CHAIR OF A COMMITTEE FOR MED UNDER PARAGRAPH (1) OF
THIS SUBSECTION .
13–3103.
(a) The Department shall adopt regulations necessary for the administration of
the Program.
(b) The Department may:
(1) Collect fees necessary for the administration of the Program;
(2) Authorize private or public entities to conduct education and training
on opioid overdose recognition and response that include:
(i) Education on recognizing the signs and symptoms of an opioid
overdose;
(ii) Training on responding to an opioid overdose, including the
administration of opioid overdose reversal drugs approved by the federal Food and Drug
Administration; and
(iii) Access to opioid overdose reversal drugs approved by the federal
Food and Drug Administration and the necessary supplies for the administration of the
opioid overdose reversal drugs;
(3) Develop guidance regarding the content of educational training
programs conducted by private or public entities; and
(4) Collect and report data on the operation and results of the programs.
(c) An individual is not required to obtain training and education on opioid
overdose recognition and response from a private or public entity under subsection (b) of
this section in order for a pharmacist to dispense an opioid overdose reversal drug approved
by the federal Food and Drug Administration to the individual.
(d) (1) Subject to the limitations of the State budget, the Department shall
purchase and provide opioid overdose reversal drugs approved by the federal Food and
Drug Administration, at no cost, to the providers who are required to offer opioid overdose
reversal drugs approved by the federal Food and Drug Administration under § 8–408 or §
19–310.3 of this article. Ch. 356 2023 LAWS OF MARYLAND
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(2) An entity required to offer an opioid overdose reversal drug approved
by the federal Food and Drug Administration under § 8–408 or § 19–310.3 of this article
may provide an opioid overdose reversal drug approved by the federal Food and Drug
Administration only if the opioid overdose reversal drug approved by the federal Food and
Drug Administration is provided by the Department.
(3) THE DEPARTMENT SHALL , SUBJECT TO THE LIMIT ATIONS OF THE
STATE BUDGET , ALLOW AN ENTITY THAT IS PROVIDED WITH OPI OID OVERDOSE
REVERSAL DRUGS BY TH E DEPARTMENT UNDER THIS SUBSECTION TO CHOOSE THE
FORMULATION OR DOSAG E OF OPIOID OVERDOSE REVERSAL DRUGS APPRO VED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION WITH W HICH THE ENTITY IS T O
BE PROVIDED.
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.
(h) (1) Expenditures from the Fund may be made only in accordance with the
State budget.
(2) For settlement funds received in accordance with the final distributor
agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Corporation,
and Cardinal Health Incorporated, as amended, [or] the Janssen settlement agreement of
July 21, 2021, as amended , OR ANY OTHER OPIOID –RELATED COURT OR
ADMINISTRATIVE JUDGM ENT OR SETTLEMENT AG REEMENT INVOLVING TH E STATE
AND ONE OR MORE OF I TS POLITICAL SUBDIVI SIONS:
(i) appropriations from the Fund in the State budget shall be made
in accordance with the allocation and distribution of funds to the State and its political
subdivisions:
1. as agreed on in the State–subdivision agreement of
January 21, 2022, as amended; OR
2. REQUIRED UNDER ANY OT HER OPIOID –RELATED
COURT OR ADMINISTRAT IVE JUDGMENT OR SETT LEMENT AGREEMENT , OR ANY
SIMILAR AGREEMENT RE ACHED UNDER AN OPIOI D–RELATED COURT OR WES MOORE, Governor Ch. 356
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ADMINISTRATIVE JUDGM ENT OR SETTLEMENT AG REEMENT, INVOLVING THE STATE
AND ONE OR MORE OF I TS POLITICAL SUBDIVISION S; and
(ii) the Secretary of Health shall establish and administer a grant
program for the distribution of funds to political subdivisions of the State in accordance
with:
1. the State–subdivision agreement of January 21, 2022, as
amended; OR
2. THE REQUIREMENTS OF ANY OTHER
OPIOID–RELATED COURT OR ADM INISTRATIVE JUDGMENT OR SETTLEMENT
AGREEMENT , OR ANY SIMILAR AGREE MENT REACHED UNDER A N OPIOID–RELATED
COURT OR ADMINISTRAT IVE JUDGMENT OR SETT LEMENT AGREEMENT , INVOLVING
THE STATE AND ONE OR MORE OF ITS POLITICAL SUB DIVISIONS.
(3) The Attorney General shall identify and designate the controlling
version of any agreement or amendment described under paragraph (2) of this subsection.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2023.
Approved by the Governor, May 3, 2023.