EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0618*
SENATE BILL 618
J1 3lr0432
SB 279/21 – FIN CF 3lr0430
By: Senators Hettleman, Feldman, Benson, Carter, Lewis Young, and
M. Washington
Introduced and read first time: February 6, 2023
Assigned to: Finance
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
SUBTITLE 22. OVERDOSE AND INFECTIOUS DISEASE PREVENTION SERVICES 23
PROGRAM. 24
2 SENATE BILL 618
24–2201. 1
(A) IN THIS SUBTITLE THE FOLLOWIN G WORDS HAVE THE MEA NINGS 2
INDICATED. 3
(B) (1) “COMMUNITY–BASED ORGANIZATION ” MEANS A PUBLIC OR 4
PRIVATE ORGANIZATION THAT: 5
(I) IS REPRESENTATIVE OF A COMMUNITY OR SIGNI FICANT 6
SEGMENTS OF A COMMUN ITY; AND 7
(II) PROVIDES EDUCATIONA L, HEALTH, OR SOCIAL SERVICES 8
TO INDIVIDUALS IN TH E COMMUNITY . 9
(2) “COMMUNITY–BASED ORGANIZATION ” INCLUDES: 10
(I) A HOSPITAL; 11
(II) A CLINIC; 12
(III) A SUBSTANCE USE DISORD ER TREATMENT CENTER ; 13
(IV) A MEDICAL OFFICE ; 14
(V) A FEDERALLY QUALIFIED HEALTH CEN TER; 15
(VI) A MENTAL HEALTH FACILI TY; 16
(VII) A LOCAL HEALTH DEPARTM ENT; AND 17
(VIII) A FAITH–BASED ORGANIZATION . 18
(C) “PROGRAM” MEANS AN OVERDOSE AND INFECTIOUS DISEASE 19
PREVENTION SERVICES PROGRAM. 20
24–2202. 21
(A) SUBJECT TO SU BSECTION (B) OF THIS SECTION , A COMMUNITY –BASED 22
ORGANIZATION MAY EST ABLISH AN OVERDOSE AND INFECTIOUS DISEASE 23
PREVENTION SERVICES PROGRAM WITH THE APPR OVAL OF THE DEPARTMENT , IN 24
CONSULTATION WITH TH E LOCAL HEALTH DEPAR TMENT. 25
(B) (1) THE DEPARTMENT MAY AP PROVE NOT MORE THAN SIX 26
PROGRAMS, WITH EACH PROGRAM OPERATING AT A SINGLE LOCATION IN AN AREA 27 SENATE BILL 618 3
WITH A HIGH INCIDENC E OF DRUG USE. 1
(2) TO THE EXTENT PRACTIC ABLE, THE PROGRAMS APPROVED BY 2
THE DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 3
(I) TWO PROGRAMS LOCATED IN U RBAN AREAS OF THE STATE; 4
(II) TWO PROGRAMS LOCATED IN S UBURBAN AREAS OF THE 5
STATE; AND 6
(III) TWO PROGRAMS LOCATED IN R URAL AREAS OF THE STATE. 7
(C) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 8
DEPARTMENT , SHALL MAKE ITS DETER MINATION OF WHETHER TO APPROVE AN 9
APPLICATION SUBMITTE D UNDER THIS SECTION BASED ON THE ABILITY OF THE 10
COMMUNITY –BASED ORGANIZATION T O SATISFY THE REQUIR EMENTS OF §§ 11
24–2203, 24–2204, AND 24–2205 OF THIS SUBTITLE. 12
(D) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 13
DEPARTMENT , SHALL: 14
(1) APPROVE OR DENY AN AP PLICATION OF A COMMU NITY–BASED 15
ORGANIZATION WITHIN 45 DAYS AFTER THE DAY O N WHICH THE APPLICAT ION IS 16
RECEIVED; AND 17
(2) PROVIDE A WRITTEN EXP LANATION OF THE DEPARTMENT ’S 18
DETERMINATION TO THE COMMUNITY –BASED ORGANIZATION . 19
24–2203. 20
(A) A PROGRAM SHALL : 21
(1) PROVIDE A LOCATION SU PERVISED BY HEALTH C ARE 22
PROFESSIONALS OR OTH ER TRAINED STAFF WHE RE DRUG USERS CAN CO NSUME 23
PREOBTAINED DRUGS ; 24
(2) PROVIDE STERIL E SUPPLIES FOR PERSO NAL DRUG 25
ADMINISTRATION , COLLECT USED SUPPLIE S, AND PROVIDE APPROPRI ATE 26
DISPOSAL SERVICES OF USED SUPPLIES; 27
(3) ANSWER QUESTIONS ABOU T SAFE DRUG USE PRAC TICES; 28
(4) ADMINISTER FIRST AID , IF NEEDED, MONITOR PARTICIPANTS FOR 29 4 SENATE BILL 618
POTENTIAL OVERDOSE , AND ADMINISTER RESCU E MEDICATIONS , INCLUDING 1
NALOXONE; 2
(5) PROVIDE ACCESS OR REF ERRALS TO SERVICES , INCLUDING: 3
(I) SUBSTANCE USE DISORDE R COUNSELING AND TRE ATMENT 4
SERVICES; 5
(II) TESTING FOR HIV, VIRAL HEPATITIS , AND SEXUALLY 6
TRANSMITTED DISEASES ; 7
(III) REPRODUCTIVE HEALTH E DUCATION AND SERVICE S; AND 8
(IV) WOUND CARE; 9
(6) EDUCATE PARTICIPANTS ON THE RISKS OF CONT RACTING HIV 10
AND VIRAL HEPATITIS ; 11
(7) PROVIDE OVERDOSE PREV ENTION EDUCATION AND ACCESS TO 12
OR REFERRALS T O OBTAIN NALOXONE ; 13
(8) EDUCATE PARTICIPANTS REGARDING PROPER DIS POSAL OF 14
HYPODERMIC NEEDLES A ND SYRINGES; 15
(9) PROVIDE REASONABLE AN D ADEQUATE SECURITY OF THE 16
PROGRAM SITE AND EQUI PMENT; 17
(10) ESTABLISH A METHOD OF IDENTIFYING PROGRAM STAFF 18
MEMBERS WHO ARE AUTHORIZED T O ACCESS DRUG ADMINI STRATION SUPPLIES AN D 19
PROGRAM RECORDS ; AND 20
(11) TRAIN STAFF MEMBERS T O DELIVER SERVICES O FFERED BY THE 21
PROGRAM. 22
(B) A PROGRAM MAY : 23
(1) WITH THE CONSENT OF T HE INDIVIDUAL, BILL THE INSURANCE 24
CARRIER OF AN INDI VIDUAL WHO USES THE SERVICES OF THE PROGRAM FOR THE 25
COST OF COVERED SERV ICES; 26
(2) ACCEPT DONATIONS , GRANTS, OR OTHER FINANCIAL 27
ASSISTANCE; 28
SENATE BILL 618 5
(3) APPLY FOR GRANTS FROM THE DEPARTMENT OR ANY NON PROFIT 1
OR OTHER PRIVATE ORG ANIZATION; 2
(4) COORDINATE WITH ANY SUBSTANCE U SE PREVENTION AND 3
OUTREACH PROGRAM , SYRINGE SERVICES PRO GRAM, OR COMMUNITY –BASED 4
ORGANIZATION ; AND 5
(5) USE A MOBILE FACILITY TO OPERATE AND PROVI DE SERVICES. 6
(C) A PROGRAM MAY NOT BE LO CATED IN AN AREA THA T IS ZONED FOR 7
RESIDENTIAL USES. 8
24–2204. 9
(A) THE FOLLOWING PERSONS ACTING IN ACCORDANCE WITH THE 10
PROVISIONS OF THIS S UBTITLE MAY NOT BE S UBJECT TO ARREST , PROSECUTION , 11
OR ANY CIVIL OR ADMI NISTRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 12
DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 13
RIGHT OR PRIVILEGE F OR INVOLVEMENT IN TH E OPERATION OR USE O F SERVICES 14
OF THE PROGRAM: 15
(1) AN INDIVIDUAL WHO USE S SERVICES OF A PROGRAM; 16
(2) A STAFF MEMBER OF A PROGRAM, INCLUDING A HEALTH C ARE 17
PROFESSIONAL , A MANAGER, AN EMPLOYEE , OR A VOLUNTEER ; OR 18
(3) A PROPERTY OWNER WHO O WNS THE FACILITY AT WHICH A 19
PROGRAM IS LOCATED AN D OPERATES. 20
(B) A PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN 21
INDIVIDUAL USING THE SERVICES OF A PROGRAM AND ACTING IN ACCORDANCE 22
WITH THE PROVISIONS OF THIS SUBTITLE MAY NOT BE SUBJECT UNDER STATE OR 23
LOCAL LAW TO THE SEI ZURE OR FORFEITURE O F ANY REAL OR PERSON AL 24
PROPERTY USED IN CON NECTION WITH A PROGRAM. 25
24–2205. 26
NOTWITHSTANDING THE P ROVISIONS OF § 24–2204 OF THIS SUBTITLE , A 27
PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN INDIVIDUAL 28
USING THE SERVICES O F A PROGRAM IS NOT IMMUNE FROM CRIMINAL 29
PROSECUTION FOR ANY ACTIVITIES NOT AUTHO RIZED OR APPROVED BY THE 30
PROGRAM. 31
6 SENATE BILL 618
24–2206. 1
ON OR BEFORE DECEMBER 1 EACH YEAR, A PROGRAM ESTABLISHED UNDE R 2
THIS SUBTITLE SHALL SUBMIT TO THE DEPARTMENT AND , IN ACCORDANCE WITH § 3
2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE 4
AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE A REPORT 5
THAT INCLUDES THE FO LLOWING INFORMATION : 6
(1) THE NUMBER OF PROGRAM PARTICIPANTS AND THE NUMBER OF 7
TIMES A PARTICIPANT USED THE PROGRAM’S SERVICES; 8
(2) AGGREGATE INFORMATION REGARDING THE DEMOGR APHIC 9
PROFILE OF PROGRAM PARTICIPANTS ; 10
(3) THE NUMBER OF : 11
(I) ITEMS DISTRIBUTED FOR DRUG ADMINISTRATION FOR U SE 12
ON–SITE, INCLUDING HYPODERMIC NEEDLES AND SYRINGES ; AND 13
(II) OVERDOSES EXPERIENCED ON–SITE AND OVERDOSES 14
REVERSED ON –SITE; 15
(4) THE NUMBER OF INDIVID UALS WHO RECEIVED OV ERDOSE CARE 16
AND THE TYPE AND NUM BER OF RESCUE DRUGS USED ; 17
(5) THE NUMBER OF INDIVID UALS REFERRED BY THE PROGRAM TO 18
OTHER SERVICES AND T HE TYPE OF SERVICE T O WHICH THE INDIVIDU ALS WERE 19
REFERRED; AND 20
(6) ANY OTHER INFORMATION THAT THE DEPARTMENT DETERMINES 21
IS NECESSARY FOR ASS ESSING THE IMPACT OF THE PROGRAM. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2023. It shall remain effective for a period of 4 years and, at the end of June 30, 2027, 24
this Act, with no further action required by the General Assembly, shall be abrogated and 25
of no further force and effect. 26