WES MOORE, Governor Ch. 852
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Chapter 852
(House Bill 980)
AN ACT concerning
Public Health – Opioid Restitution Advisory Council and Fund – Revisions
FOR the purpose of requiring the Secretary of Health to present decisions for the allocations
of money from the Opioid Restitution Fund to the Opioid Restitution Fund Advisory
Council; requiring the Maryland Department of Health to post on the Department’s
website certain information regarding allocations of money from the Fund; requiring
at least a certain amount of the Fund to be used for a certain purpose each year;
establishing reporting requirements on political subdivisions and the Secretary of
Health regarding expenditures of money received from the Fund by political
subdivisions; and generally relating to the Opioid Restitution Fund.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 7.5–901(a) and (b)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–903(a)(6), 7.5–904(b), and 7.5–905
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 7–331(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 7–331(f)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY adding to
Article – State Finance and Procurement
Section 7–331(k) and (l)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
Ch. 852 2024 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
7.5–901.
(a) In this subtitle the following words have the meanings indicated.
(b) “Council” means the Opioid Restitution Fund Advisory Council.
7.5–903.
(a) The Council consists of the following members:
(6) The [Executive Director of the Opioid Operational Command Center, or
the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR
THE SPECIAL SECRETARY’S DESIGNEE;
7.5–904.
(b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF
OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions
of the Council.
7.5–905.
(A) On or before November 1 each year, the Council shall provide specific findings
and recommendations in writing to the Governor and the Secretary regarding the
allocations of money from the Fund for expenditures consistent with uses of the Fund and
considering the following criteria:
(1) The number of people per capita with a substance use disorder in a
jurisdiction;
(2) Disparities in access to care in a jurisdiction that may preclude persons;
(3) The number of overdose deaths per capita in a jurisdiction;
(4) The programs, services, supports, or other resources currently available
to individuals with substance use disorders in a jurisdiction; and
(5) Disparities in access to care and health outcomes in a jurisdiction.
WES MOORE, Governor Ch. 852
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(B) (1) WITHIN 2 6 MONTHS AFTER RECEIVI NG THE FINDINGS AND
RECOMMENDATIONS SUBM ITTED UNDER SUBSECTI ON (A) OF THIS SECTION , THE
SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE
ALLOCATIONS OF MONEY FROM THE FUND.
(2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS THE
DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAPH (1) OF THIS
SUBSECTION, THE THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE
THE FINDINGS AND REC OMMENDATIONS OF THE COUNCIL AND THE DECIS IONS FOR
THE ALLOCATIONS OF M ONEY FROM THE FUND.
Article – State Finance and Procurement
7–331.
(a) In this section, “Fund” means the Opioid Restitution Fund.
(f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
Fund may be used only to provide funds for:
[(1)] (I) programs, services, supports, and resources for evidence–based
substance use disorder prevention, treatment, recovery, or harm reduction that have the
purpose of:
[(i)] 1. improving access to medications proven to prevent or
reverse an overdose;
[(ii)] 2. supporting peer support specialists and screening, brief
intervention, and referral to treatment services for hospitals, correctional facilities, and
other high–risk populations;
[(iii)] 3. increasing access to medications that support recovery
from substance use disorders;
[(iv)] 4. expanding the Heroin Coordinator Program, including for
administrative expenses;
[(v)] 5. expanding access to crisis beds and residential treatment
services for adults and minors;
[(vi)] 6. expanding and establishing safe stations, mobile crisis
response systems, and crisis stabilization centers;
[(vii)] 7. supporting the behavioral health crisis hotline;
Ch. 852 2024 LAWS OF MARYLAND
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[(viii)] 8. organizing primary and secondary school education
campaigns to prevent opioid use, including for administrative expenses;
[(ix)] 9. enforcing the laws regarding opioid prescriptions and
sales, including for administrative expenses;
[(x)] 10. research regarding and training for substance use
treatment and overdose prevention, including for administrative expenses; and
[(xi)] 11. supporting and expanding other evidence –based
interventions for overdose prevention and substance use treatment;
(II) (2) SUPPORTING COMMUNITY –BASED NONPROFIT
RECOVERY ORGANIZATIO NS THAT PROVIDE NONCLINICAL SUBSTANC E USE
RECOVERY SUPPORT SER VICES IN THE STATE;
[(2)] (III) (3) evidence–informed substance use disorder prevention,
treatment recovery, or harm reduction pilot programs or demonstration studies that are
not evidence–based if the Opioid Restitution Fund Advisory Council, established under §
7.5–902 of the Health – General Article:
[(i)] 1. determines that emerging evidence supports the
distribution of money for the pilot program or that there is a reasonable basis for funding
the demonstration study with the expectation of creating an evidence–based program; and
[(ii)] 2. approves the use of money for the pilot program or
demonstration study; and
[(3)] (IV) (4) evaluations of the effectiveness and outcomes reporting for
substance use disorder abatement infrastructure, programs, services, supports, and
resources for which money from the Fund was used, including evaluations of the impact on
access to harm reduction services or treatment for substance use disorders and the
reduction in drug–related mortality.
(2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND
SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN
THE STATE.
(K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL
SUBDIVISION THAT RECEIVES MONEY EXPEN DED FROM THE FUND SHALL:
(1) REPORT TO THE SECRETARY:
WES MOORE, Governor Ch. 852
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(I) THE AMOUNT OF MONEY RECEIVED FROM THE FUND THAT
WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY
PRECEDING FISCAL YEA R; AND
(II) A DESCRIPTION OF HOW THE MONEY WAS EXPENDE D; AND
(2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDER ITEM
(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE.
(L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL
SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS
SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE
STATE GOVERNMENT ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1,
2024, the Maryland Department of Health shall examine and report to the Senate Finance
Committee and the House Health and Government Operations Committee, in accordance
with § 2–1257 of the State Government Article, on the best process for making all of the
expenditures of all opioid settlement agreements entered into by the State, counties, and
municipal governments accessible to the public.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16, 2024.