Maryland 2024 Regular Session

Maryland House Bill HB411 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 850
2		-
3		-	– 1 –
4		-	Chapter 850
5		-	(House Bill 411)
6		-
7		-	AN ACT concerning
8		-
9		-	Public Health – Maryland Department of Health – Reports on Standing Orders
10		-	and Opioid Overdose Reversal Drugs – Standing Orders
11		-
12		-	FOR the purpose of requiring a licensed health care provider, when issuing a standing order
13		-	for an opioid reversal drug, to allow an individual to choose any formulation of any
14		-	opioid reversal drug approved by the federal Food and Drug Administration;
15		-	requiring the Maryland Department of Health, on or before certain dates, to report
16		-	to certain committees of the General Assembly on opioid overdose reversal drugs and
17		-	standing orders; and generally relating to reports on standing orders for and opioid
18		-	overdose reversal drugs.
19		-
20		-	BY repealing and reenacting, without amendments,
21		-	Article – Health – General
22		-	Section 13–3101(a) and (e)
23		-	Annotated Code of Maryland
24		-	(2023 Replacement Volume)
25		-
26		-	BY repealing and reenacting, with amendments,
27		-	Article – Health – General
28		-	Section 13–3106
29		-	Annotated Code of Maryland
30		-	(2023 Replacement Volume)
31		-
32		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33		-	That the Laws of Maryland read as follows: on or before December 1, 2024, December 1,
34		-	2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate
35		-	Finance Committee and the House Health and Government Operations Committee, in
36		-	accordance with § 2–1257 of the State Government Article, on:
37		-
38		-	(1) current opioid overdose reversal drugs approved by the federal Food
39		-	and Drug Administration; and
40		-
41		-	(2) for any current opioid overdose reversal drug approved by the federal
42		-	Food and Drug Administration, whether the Department has added the drug to a standing
43		-	order, and if not, the reasons why the drug has not been added.
44	1
45	2
46		-	Article – Health – General
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	hb0411
47	9
48		-	13–3101.
49		-	Ch. 850 2024 LAWS OF MARYLAND
	10	+	HOUSE BILL 411
	11	+	J1 4lr1892
	12	+	CF SB 408
	13	+	By: Delegate Kipke Delegates Kipke, Pena–Melnyk, Cullison, Alston, Bagnall,
	14	+	Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson, Kaiser, Kerr,
	15	+	R. Lewis, Lopez, Martinez, Reilly, Rosenberg, Szeliga, Taveras, White
	16	+	Holland, and Woods
	17	+	Introduced and read first time: January 18, 2024
	18	+	Assigned to: Health and Government Operations
	19	+	Committee Report: Favorable with amendments
	20	+	House action: Adopted
	21	+	Read second time: March 7, 2024
50	22
51		-	– 2 –
52		-	(a) In this subtitle the following words have the meanings indicated.
	23	+	CHAPTER ______
53	24
54		-	(e) “Standing order” means a written instruction for the prescribing and
55		-	dispensing of an opioid overdose reversal drug approved by the federal Food and Drug
56		-	Administration in accordance with § 13–3106 of this subtitle.
	25	+	AN ACT concerning 1
57	26
58		-	13–3106.
	27	+	Public Health – Maryland Department of Health – Reports on Standing Orders 2
	28	+	and Opioid Overdose Reversal Drugs – Standing Orders 3
59	29
60		-	(a) A licensed health care provider with prescribing authority may prescribe and
61		-	dispense an opioid overdose reversal drug approved by the federal Food and Drug
62		-	Administration to an individual who:
	30	+	FOR the purpose of requiring a licensed health care provider, when issuing a standing order 4
	31	+	for an opioid reversal drug, to allow an individual to choose any formulation of any 5
	32	+	opioid reversal drug approved by the federal Food and Drug Administration; 6
	33	+	requiring the Maryland Department of Health, on or before certain dates, to report 7
	34	+	to certain committees of the General Assembly on opioid overdose reversal drugs and 8
	35	+	standing orders; and generally relating to reports on standing orders for and opioid 9
	36	+	overdose reversal drugs. 10
63	37
64		-	(1) Is believed by the licensed health care provider to be at risk of
65		-	experiencing an opioid overdose; or
	38	+	BY repealing and reenacting, without amendments, 11
	39	+	Article – Health – General 12
	40	+	Section 13–3101(a) and (e) 13
	41	+	Annotated Code of Maryland 14
	42	+	(2023 Replacement Volume) 15
66	43
67		-	(2) Is in a position to assist an individual at risk of experiencing an opioid
68		-	overdose.
	44	+	BY repealing and reenacting, with amendments, 16
	45	+	Article – Health – General 17
	46	+	Section 13–3106 18
	47	+	Annotated Code of Maryland 19
	48	+	(2023 Replacement Volume) 20 2 HOUSE BILL 411
69	49
70		-	(b) (1) A licensed health care provider with prescribing authority may
71		-	prescribe and dispense opioid overdose reversal drugs approved by the federal Food and
72		-	Drug Administration by issuing a standing order if the licensed health care provider:
73	50
74		-	(i) Is employed by the Department or a local health department; or
75	51
76		-	(ii) Has a written agreement with an authorized private or public
77		-	entity under § 13–3104 of this subtitle.
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: on or before December 1, 2024, December 1, 2
	54	+	2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate 3
	55	+	Finance Committee and the House Health and Government Operations Committee, in 4
	56	+	accordance with § 2–1257 of the State Government Article, on: 5
78	57
79		-	(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL
80		-	DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE
81		-	PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY
82		-	OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG
83		-	ADMINISTRATION .
	58	+	(1) current opioid overdose reversal drugs approved by the federal Food 6
	59	+	and Drug Administration; and 7
84	60
85		-	[(2)] (3) A licensed health care provider with prescribing authority who
86		-	issues a standing order under paragraph (1) of this subsection may delegate the dispensing
87		-	of opioid overdose reversal drugs approved by the federal Food and Drug Administration to
88		-	an employee or a volunteer of an authorized private or public entity in accordance with a
89		-	written agreement under § 13–3104 of this subtitle.
	61	+	(2) for any current opioid overdose reversal drug approved by the federal 8
	62	+	Food and Drug Administration, whether the Department has added the drug to a standing 9
	63	+	order, and if not, the reasons why the drug has not been added. 10
90	64
91		-	[(3)] (4) Any licensed health care provider who has dispensing authority
92		-	also may dispense an opioid overdose reversal drug approved by the federal Food and Drug
93		-	Administration to any individual in accordance with a standing order issued by a licensed
94		-	health care provider with prescribing authority in accordance with this subsection.
95		-	WES MOORE, Governor Ch. 850
96	65
97		-	– 3 –
98		-	(c) A pharmacist may dispense opioid overdose reversal drugs approved by the
99		-	federal Food and Drug Administration in accordance with a therapy management contract
100		-	under Title 12, Subtitle 6A of the Health Occupations Article.
	66	+	Article – Health – General 11
101	67
102		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
103		-	October 1, 2024.
	68	+	13–3101. 12
104	69
105		-	Approved by the Governor, May 16, 2024.
	70	+	(a) In this subtitle the following words have the meanings indicated. 13
	71	+
	72	+	(e) “Standing order” means a written instruction for the prescribing and 14
	73	+	dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 15
	74	+	Administration in accordance with § 13–3106 of this subtitle. 16
	75	+
	76	+	13–3106. 17
	77	+
	78	+	(a) A licensed health care provider with prescribing authority may prescribe and 18
	79	+	dispense an opioid overdose reversal drug approved by the federal Food and Drug 19
	80	+	Administration to an individual who: 20
	81	+
	82	+	(1) Is believed by the licensed health care provider to be at risk of 21
	83	+	experiencing an opioid overdose; or 22
	84	+
	85	+	(2) Is in a position to assist an individual at risk of experiencing an opioid 23
	86	+	overdose. 24
	87	+
	88	+	(b) (1) A licensed health care provider with prescribing authority may 25
	89	+	prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 26
	90	+	Drug Administration by issuing a standing order if the licensed health care provider: 27
	91	+
	92	+	(i) Is employed by the Department or a local health department; or 28
	93	+
	94	+	(ii) Has a written agreement with an authorized private or public 29
	95	+	entity under § 13–3104 of this subtitle. 30
	96	+	HOUSE BILL 411 3
	97	+
	98	+
	99	+	(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL 1
	100	+	DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE 2
	101	+	PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY 3
	102	+	OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG 4
	103	+	ADMINISTRATION . 5
	104	+
	105	+	[(2)] (3) A licensed health care provider with prescribing authority who 6
	106	+	issues a standing order under paragraph (1) of this subsection may delegate the dispensing 7
	107	+	of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 8
	108	+	an employee or a volunteer of an authorized private or public entity in accordance with a 9
	109	+	written agreement under § 13–3104 of this subtitle. 10
	110	+
	111	+	[(3)] (4) Any licensed health care provider who has dispensing authority 11
	112	+	also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 12
	113	+	Administration to any individual in accordance with a standing order issued by a licensed 13
	114	+	health care provider with prescribing authority in accordance with this subsection. 14
	115	+
	116	+	(c) A pharmacist may dispense opioid overdose reversal drugs approved by the 15
	117	+	federal Food and Drug Administration in accordance with a therapy management contract 16
	118	+	under Title 12, Subtitle 6A of the Health Occupations Article. 17
	119	+
	120	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
	121	+	October 1, 2024. 19
	122	+
	123	+
	124	+
	125	+
	126	+	Approved:
	127	+	________________________________________________________________________________
	128	+	Governor.
	129	+	________________________________________________________________________________
	130	+	Speaker of the House of Delegates.
	131	+	________________________________________________________________________________
	132	+	President of the Senate.