EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1096*
HOUSE BILL 1096
J1 4lr1941
HB 953/23 – HGO CF SB 427
By: Delegates Pena–Melnyk, Acevero, Addison, Boyce, Cullison, Ebersole, Embry,
Fair, Fennell, Harris, Hill, Ivey, Kaiser, Kaufman, Lehman, R. Lewis,
Martinez, McCaskill, Pasteur, Queen, Rosenberg, Ruth, Simpson, Stein,
Taveras, Terrasa, Turner, and Young
Introduced and read first time: February 7, 2024
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 24–2401 through 24–2406 to be under the new subtitle “Subtitle 24. 16
Overdose and Infectious Disease Prevention Services Program” 17
Annotated Code of Maryland 18
(2023 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MA RYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Health – General 22
SUBTITLE 24. OVERDOSE AND INFECTIOUS DISEASE PREVENTION SERVICES 23 2 HOUSE BILL 1096
PROGRAM. 1
24–2401. 2
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(B) (1) “COMMUNITY–BASED ORGANIZATION ” MEANS A PUBLIC OR 5
PRIVATE ORGANIZATION THAT: 6
(I) IS REPRESENTATIVE OF A COMMUNITY OR SIGNI FICANT 7
SEGMENTS OF A COMMUN ITY; AND 8
(II) PROVIDES EDUCATIONAL , HEALTH, OR SOCIAL SERVICES 9
TO INDIVIDUALS IN TH E COMMUNITY . 10
(2) “COMMUNITY–BASED ORGANIZATION ” INCLUDES: 11
(I) A HOSPITAL; 12
(II) A CLINIC; 13
(III) A SUBSTANCE USE DISORD ER TREATMENT CENTER ; 14
(IV) A MEDICAL OFFICE ; 15
(V) A FEDERALLY QUALIFIED HEALTH CENTER ; 16
(VI) A MENTAL HEALTH FACILI TY; 17
(VII) A LOCAL HEALTH DEPARTM ENT; AND 18
(VIII) A FAITH–BASED ORGANIZATION . 19
(C) “PROGRAM” MEANS AN OVERDOSE AND INFECTIOUS DISEASE 20
PREVENTION SERVICES PROGRAM. 21
24–2402. 22
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A COMMUNITY –BASED 23
ORGANIZATION MAY EST ABLISH AN OVERDOSE AND INFECTIOUS DISEASE 24
PREVENTION SERVICES PROGRAM WITH THE APPR OVAL OF THE DEPARTMENT , IN 25
CONSULTATION WITH TH E LOCAL HEALTH DEPAR TMENT. 26
HOUSE BILL 1096 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 INCIDENC E OF DRUG 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 SUBMI TTED UNDER THIS SECT ION BASED ON THE ABI LITY OF THE 12
COMMUNITY –BASED ORGANIZATION T O SATISFY THE REQUIR EMENTS OF §§ 13
24–2403, 24–2404, AND 24–2405 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 COMMU NITY–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
24–2403. 22
(A) A PROGRAM SHALL : 23
(1) PROVIDE A LOCATION SU PERVISED BY HEALTH C ARE 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 DRU G 27
ADMINISTRATION , COLLECT USED SUPPLIE S, AND PROV IDE APPROPRIATE 28
DISPOSAL SERVICES OF USED SUPPLIES; 29
(3) ANSWER QUESTIONS ABOU T SAFE DRUG USE PRAC TICES; 30 4 HOUSE BILL 1096
(4) ADMINISTER FIRST AID , IF NEEDED, MONITOR PARTICIPANTS FOR 1
POTENTIAL OVERDOSE , AND ADMINISTER RESCU E MEDICATIONS , INCLUDING 2
NALOXONE; 3
(5) PROVIDE ACCESS OR REFE RRALS TO SERVICES , INCLUDING: 4
(I) SUBSTANCE USE DISORDE R COUNSELING AND TRE ATMENT 5
SERVICES; 6
(II) TESTING FOR HIV, VIRAL HEPATITIS , AND SEXUALLY 7
TRANSMITTED DISEASES ; 8
(III) REPRODUCTIVE HEALTH E DUCATION AND SERVICE S; AND 9
(IV) WOUND CARE; 10
(6) EDUCATE PARTICIPANTS ON THE RISKS OF CONT RACTING HIV 11
AND VIRAL HEPATITIS ; 12
(7) PROVIDE OVERDOSE PREV ENTION EDUCATION AND ACCESS TO 13
OR REFERRALS TO OBTA IN NALOXONE; 14
(8) EDUCATE PARTICIPANTS REGARDING PROPER DIS POSAL OF 15
HYPODERM IC NEEDLES AND SYRIN GES; 16
(9) PROVIDE REASONABLE AN D ADEQUATE SECURITY OF THE 17
PROGRAM SITE AND EQUI PMENT; 18
(10) ESTABLISH A METHOD OF IDENTIFYING PROGRAM STAFF 19
MEMBERS WHO ARE AUTH ORIZED TO ACCESS DRU G ADMINISTRATION SUP PLIES AND 20
PROGRAM RECORDS ; AND 21
(11) TRAIN STAFF MEMBERS T O DELIVER SERVICES O FFERED BY THE 22
PROGRAM. 23
(B) A PROGRAM MAY : 24
(1) WITH THE CONSENT OF T HE INDIVIDUAL, BILL THE INSURANCE 25
CARRIER OF AN INDIVI DUAL WHO USES THE SE RVICES OF THE PROGRAM FOR THE 26
COST OF COVERED SERV ICES; 27
(2) ACCEPT DONATIONS , GRANTS, OR OTHER FINANCIAL 28 HOUSE BILL 1096 5
ASSISTANCE; 1
(3) APPLY FOR GRANTS FROM THE DEPARTMENT OR ANY NON PROFIT 2
OR OTHER PRIVATE ORG ANIZATION; 3
(4) COORDINATE WITH ANY S UBSTANCE USE PREVENT ION AND 4
OUTREACH PROGRAM , SYRINGE SERVICES PRO GRAM, OR COMMUNITY –BASED 5
ORGANIZATION ; AND 6
(5) USE A MOBILE FACILITY TO OPERATE AND PROVI DE SERVICES. 7
(C) A PROGRAM MAY NOT BE LO CATED IN AN AREA THA T IS ZONED FOR 8
RESIDENTIAL USES . 9
24–2404. 10
(A) THE FOLLOWING PERSONS ACTING IN ACCORDANCE WITH THE 11
PROVISIONS OF THIS SUBTITLE MAY NOT BE SUBJECT TO AR REST, PROSECUTION , 12
OR ANY CIVIL OR ADMI NISTRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 13
DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 14
RIGHT OR PRIVILEGE F OR INVOLVEMENT IN TH E OPERATION OR USE OF SERVICES 15
OF THE PROGRAM: 16
(1) AN INDIVIDUAL WHO USE S SERVICES OF A PROGRAM; 17
(2) A STAFF MEMBER OF A PROGRAM, INCLUDING A HEALTH C ARE 18
PROFESSIONAL , A MANAGER, AN EMPLOYEE , OR A VOLUNTEER ; OR 19
(3) A PROPERTY OWNER WHO O WNS THE FACILITY AT WHICH A 20
PROGRAM IS LOCATED AN D OPERATES. 21
(B) A PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN 22
INDIVIDUAL USING THE SERVICES OF A PROGRAM AND ACTING IN ACCORDANCE 23
WITH THE PROVISIONS OF THIS SUBTITLE MAY NOT BE SUBJECT UNDER STATE OR 24
LOCAL LAW TO THE SEIZURE OR FO RFEITURE OF ANY REAL OR PERSONAL 25
PROPERTY USED IN CON NECTION WITH A PROGRAM. 26
24–2405. 27
NOTWITHSTANDING THE P ROVISIONS OF § 24–2404 OF THIS SUBTITLE , A 28
PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN INDIVIDUAL 29
USING THE SE RVICES OF A PROGRAM IS NOT IMMUNE FROM CRIMINAL 30
PROSECUTION FOR ANY ACTIVITIES NOT AUTHO RIZED OR APPROVED BY THE 31 6 HOUSE BILL 1096
PROGRAM. 1
24–2406. 2
ON OR BEFORE DECEMBER 1 EACH YEAR, A PROGRAM ESTABLISHED U NDER 3
THIS SUBTITLE SHALL SUBMIT TO THE DEPARTMENT AND , IN ACCORDANCE WITH § 4
2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE 5
AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE A REPORT 6
THAT INCLUDES THE FO LLOWING INFORMATION : 7
(1) THE NUMBER OF PROGRAM PARTICIPANTS AND THE NUMBER OF 8
TIMES A PARTICIPANT USED THE PROGRAM’S SERVICES; 9
(2) AGGREGATE INFORMATION REGARDING THE DEMOGR APHIC 10
PROFILE OF PROGRAM PARTICIPANTS ; 11
(3) THE NUMBER OF : 12
(I) ITEMS DISTRIBUTED FOR DRUG ADMINISTRATION FOR USE 13
ON–SITE, INCLUDING HYPODERMIC NEEDLES AND SYRI NGES; AND 14
(II) OVERDOSES EXPERIENCED ON–SITE AND OVERDOSES 15
REVERSED ON –SITE; 16
(4) THE NUMBER OF INDIVID UALS WHO RECEIVED OV ERDOSE CARE 17
AND THE TYPE AND NUM BER OF RESCUE DRUGS USED; 18
(5) THE NUMBER OF INDIVID UALS REFERRED BY THE PROGRAM TO 19
OTHER SER VICES AND THE TYPE O F SERVICE TO WHICH T HE INDIVIDUALS WERE 20
REFERRED; AND 21
(6) ANY OTHER INFORMATION THAT THE DEPARTMENT DETERMINES 22
IS NECESSARY FOR ASS ESSING THE IMPACT OF THE PROGRAM. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect July 24
1, 2024. It shall remain effective for a period of 4 years and, at the end of June 30, 2028, 25
this Act, with no further action required by the General Assembly, shall be abrogated and 26
of no further force and effect. 27