EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0953*
HOUSE BILL 953
J1 3lr0430
HB 396/21 – HGO CF SB 618
By: Delegates Pena–Melnyk, Acevero, Addison, Alston, Bagnall, Bartlett, Boyce,
Bridges, Charkoudian, Crutchfield, Cullison, Ebersole, Embry, Feldmark,
Fennell, Forbes, Fraser –Hidalgo, Henson, Ivey, S. Johnson, Kaiser,
Kaufman, Kelly, Lehman, R. Lewis, Lopez, Love, Moon, Palakovich Carr,
Patterson, Queen, Reznik, Ruth, Shetty, Simpson, Solomon, Stein, Stew art,
Taveras, Terrasa, Turner, Vogel, Wells, Wilkins, Woods, and Young
Introduced and read first time: February 10, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Overdose and Infectious Disease Prevention Services Program 2
FOR the purpose of authorizing a community–based organization, with the approval of the 3
Maryland Department of Health, to establish an Overdose and Infectious Disease 4
Prevention Services Program; authorizing a Program to bill the insurance carrier of 5
an individual who uses the services of the Program for the cost of covered services, 6
accept donations, grants, and other financial assistance, apply for certain grants, 7
coordinate with certain programs or organizations, and use mobile facilities; 8
prohibiting the location of a Program in certain areas; prohibiting certain persons, 9
under certain circumstances, from being subject to arrest, prosecution, or certain 10
penalties or from being denied any right or privilege for involvement in the operation 11
or use of services of a Program; and generally relating to an Overdose and Infectious 12
Disease Prevention Services Program. 13
BY adding to 14
Article – Health – General 15
Section 24–2201 through 24–2206 to be under the new subtitle “Subtitle 22. 16
Overdose and Infectious Disease Prevention Services Program” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
2 HOUSE BILL 953
SUBTITLE 22. OVERDOSE AND INFECTIOUS DISEASE PREVENTION SERVICES 1
PROGRAM. 2
24–2201. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) (1) “COMMUNITY–BASED ORGANIZATIO N” MEANS A PUBLIC OR 6
PRIVATE ORGANIZATION THAT: 7
(I) IS REPRESENTATIVE OF A COMMUNITY OR SIGNI FICANT 8
SEGMENTS OF A COMMUN ITY; AND 9
(II) PROVIDES EDUCATIONAL , HEALTH, OR SOCIAL SERVICES 10
TO INDIVIDUALS IN TH E COMMUNITY . 11
(2) “COMMUNITY–BASED ORGANIZA TION” INCLUDES: 12
(I) A HOSPITAL; 13
(II) A CLINIC; 14
(III) A SUBSTANCE USE DISORDER TREATMENT CENTER ; 15
(IV) A MEDICAL OFFICE ; 16
(V) A FEDERALLY QUALIFIED HEALTH CENTER ; 17
(VI) A MENTAL HEALTH FACILI TY; 18
(VII) A LOCAL HEALTH DEPARTM ENT; AND 19
(VIII) A FAITH–BASED ORGANIZATION . 20
(C) “PROGRAM” MEANS AN OVERDOSE AND INFECTIOUS DISEASE 21
PREVENTION SERVICES PROGRAM. 22
24–2202. 23
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A COMMUNITY –BASED 24
ORGANIZATION MAY EST ABLISH AN OVERDOSE AND INFECTIOUS DISEASE 25
PREVENTION SERVICES PROGRAM WITH THE APPR OVAL OF THE DEPARTMENT , IN 26
CONSULTATION WITH TH E LOCAL HEALTH DEPAR TMENT. 27 HOUSE BILL 953 3
(B) (1) THE DEPARTMENT MAY APPROV E NOT MORE THAN SIX 1
PROGRAMS, WITH EACH PROGRAM OPERATING AT A SINGLE LOCATION IN AN AREA 2
WITH A HIGH INCIDENCE OF DR UG USE. 3
(2) TO THE EXTENT PRACTIC ABLE, THE PROGRAMS APPROVED BY 4
THE DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 5
(I) TWO PROGRAMS LOCATED IN U RBAN AREAS OF THE STATE; 6
(II) TWO PROGRAMS LOCATED IN S UBURBAN AREAS OF THE 7
STATE; AND 8
(III) TWO PROGRAMS LOCATED IN R URAL AREAS OF THE STATE. 9
(C) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 10
DEPARTMENT , SHALL MAKE ITS DETER MINATION OF WHETHER TO APPROVE AN 11
APPLICATION SUBMITTE D UNDER THIS SECTION BASED ON THE ABILITY OF THE 12
COMMUNITY –BASED ORGANIZATION T O SATISFY THE REQUIR EMENTS OF §§ 13
24–2203, 24–2204, AND 24–2205 OF THIS SUBTITLE. 14
(D) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 15
DEPARTMENT , SHALL: 16
(1) APPROVE OR DENY AN AP PLICATION OF A COMMUNITY –BASED 17
ORGANIZATION WITHIN 45 DAYS AFTER THE DAY O N WHICH THE APPLICAT ION IS 18
RECEIVED; AND 19
(2) PROVIDE A WRITTEN EXP LANATION OF THE DEPARTMENT ’S 20
DETERMINATION TO THE COMMUNITY –BASED ORGANIZATION . 21
24–2203. 22
(A) A PROGRAM SHALL : 23
(1) PROVIDE A LOCATION SUPERVI SED BY HEALTH CARE 24
PROFESSIONALS OR OTH ER TRAINED STAFF WHE RE DRUG USERS CAN CO NSUME 25
PREOBTAINED DRUGS ; 26
(2) PROVIDE STERILE SUPPL IES FOR PERSONAL DRUG 27
ADMINISTRATION , COLLECT USED SUPPLIES, AND PROVIDE APPROPRIATE 28
DISPOSAL SERVICES O F USED SUPPLIES ; 29
4 HOUSE BILL 953
(3) ANSWER QUESTIONS ABOU T SAFE DRUG USE PRACTICES; 1
(4) ADMINISTER FIRST AID , IF NEEDED, MONITOR PARTICIPANTS FOR 2
POTENTIAL OVERDOSE , AND ADMINISTER RESCU E MEDICATIONS , INCLUDING 3
NALOXONE; 4
(5) PROVIDE ACCESS OR REF ERRALS TO SERVICES, INCLUDING: 5
(I) SUBSTANCE USE DISORDE R COUNSELING AND TRE ATMENT 6
SERVICES; 7
(II) TESTING FOR HIV, VIRAL HEPATITIS , AND SEXUALLY 8
TRANSMITTED DISEASES ; 9
(III) REPRODUCTIVE HEALTH E DUCATION AND SERVICE S; AND 10
(IV) WOUND CARE; 11
(6) EDUCATE PARTICIPANTS ON THE RISKS OF CONT RACTING HIV 12
AND VIRAL HEPATITIS ; 13
(7) PROVIDE OVERDOSE PREV ENTION EDUCATION AND ACCESS TO 14
OR REFERRALS TO OBTA IN NALOXONE; 15
(8) EDUCATE PARTICIPANTS REGARDING PROPER DIS POSAL OF 16
HYPODERMIC NEEDLES A ND SYRINGES; 17
(9) PROVIDE REASONABLE AN D ADEQUATE SECURITY OF THE 18
PROGRAM SITE AND EQUI PMENT; 19
(10) ESTABLISH A METHOD OF IDENTIFYING PROGRAM STAFF 20
MEMBERS WHO ARE AUTH ORIZED TO ACCESS DRUG ADMINISTRATION SUPPLIES AND 21
PROGRAM RECORDS ; AND 22
(11) TRAIN STAFF MEMBER S TO DELIVER SERVICE S OFFERED BY THE 23
PROGRAM. 24
(B) A PROGRAM MAY : 25
(1) WITH THE CONSENT OF T HE INDIVIDUAL, BILL THE INSURANCE 26
CARRIER OF AN INDIVI DUAL WHO USES THE SE RVICES OF THE PROGRAM FOR THE 27
COST OF COVERED SERV ICES; 28
HOUSE BILL 953 5
(2) ACCEPT DONATIONS , GRANTS, OR OTHER FINANCIAL 1
ASSISTANCE; 2
(3) APPLY FOR GRANTS FROM THE DEPARTMENT OR ANY NON PROFIT 3
OR OTHER PRIVATE ORG ANIZATION; 4
(4) COORDINATE WITH ANY S UBSTANCE USE PREVENT ION AND 5
OUTREACH PROGRAM , SYRINGE SERVICES PRO GRAM, OR COMMUNITY –BASED 6
ORGANIZATION ; AND 7
(5) USE A MOBILE FACILITY TO OPERATE AND PROVI DE SERVICES. 8
(C) A PROGRAM MAY NOT BE LO CATED IN AN AREA THA T IS ZONED FOR 9
RESIDENTIAL USES . 10
24–2204. 11
(A) THE FOLLOWING PERSONS ACTING IN ACCORDANCE WITH THE 12
PROVISIONS OF THIS S UBTITLE MAY NOT BE SUBJECT TO ARREST , PROSECUTION , 13
OR ANY CIVIL OR ADMI NISTRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 14
DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 15
RIGHT OR PRIVILEGE F OR INVOLVEMENT IN TH E OPERATION OR USE O F SERVICES 16
OF THE PROGRAM: 17
(1) AN INDIVIDUAL WHO USE S SERVICES OF A PROGRAM; 18
(2) A STAFF MEMBER OF A PROGRAM, INCLUDING A HEALTH C ARE 19
PROFESSIONAL , A MANAGER, AN EMPLOYEE , OR A VOLUNT EER; OR 20
(3) A PROPERTY OWNER WHO O WNS THE FACILITY AT WHICH A 21
PROGRAM IS LOCATED AN D OPERATES. 22
(B) A PROPERTY OWNER , A MANAGER, AN EMPLOYEE, A VOLUNTEER , OR AN 23
INDIVIDUAL USING THE SERVICES OF A PROGRAM AND ACTING IN ACCORDANCE 24
WITH THE PROVISIONS OF THIS SUBTITLE MAY NOT BE SUBJECT UNDER STATE OR 25
LOCAL LAW TO THE SEI ZURE OR FORFEITURE O F ANY REAL OR PERSON AL 26
PROPERTY USED IN CON NECTION WITH A PROGRAM. 27
24–2205. 28
NOTWITHSTANDING THE P ROVISIONS OF § 24–2204 OF THIS SUBTITLE , A 29
PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN INDIVIDUAL 30
USING THE SERVICES O F A PROGRAM IS NOT IMMUNE FROM CRIMINAL 31 6 HOUSE BILL 953
PROSECUTION FOR ANY ACTIVITIES NOT AUTHO RIZED OR APPROVED BY THE 1
PROGRAM. 2
24–2206. 3
ON OR BEFORE DECEMBER 1 EACH YEAR, A PROGRAM ESTABLISHED U NDER 4
THIS SUBTITLE SHALL SU BMIT TO THE DEPARTMENT AND , IN ACCORDANCE WITH § 5
2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE 6
AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE A REPORT 7
THAT INCLUDES THE FO LLOWING INFORMATION : 8
(1) THE NUMBER OF PROGRAM PARTICIPANTS AND THE NUMBER OF 9
TIMES A PARTICIPANT USED THE PROGRAM’S SERVICES; 10
(2) AGGREGATE INFORMATION REGARDING THE DEMOGR APHIC 11
PROFILE OF PROGRAM PARTICIPANTS ; 12
(3) THE NUMBER OF : 13
(I) ITEMS DISTRIBUTED FOR DRUG ADMINISTRATI ON FOR USE 14
ON–SITE, INCLUDING HYPODERMIC NEEDLES AN D SYRINGES; AND 15
(II) OVERDOSES EXPERIENCED ON–SITE AND OVERDOSES 16
REVERSED ON –SITE; 17
(4) THE NUMBER OF INDIVID UALS WHO RECEIVED OV ERDOSE CARE 18
AND THE TYPE AND NUM BER OF RESCUE DRUGS USED; 19
(5) THE NUMBER OF INDIVIDUAL S REFERRED BY THE PROGRAM TO 20
OTHER SERVICES AND T HE TYPE OF SERVICE T O WHICH THE INDIVIDU ALS WERE 21
REFERRED; AND 22
(6) ANY OTHER INFORMATION THAT THE DEPARTMENT DETERMINES 23
IS NECESSARY FOR ASS ESSING THE IMPACT OF THE PROGRAM. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
1, 2023. It shall remain effective for a period of 4 years and, at the end of June 30, 2027, 26
this Act, with no further action required by the General Assembly, shall be abrogated and 27
of no further force and effect. 28