MD
Maryland Senate Bill SB1099

Maryland 2024 Regular Session

Maryland Senate Bill SB1099 Compare Versions

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1- WES MOORE, Governor Ch. 764
21
3-– 1 –
4-Chapter 764
5-(Senate Bill 1099)
62
7-AN ACT concerning
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb1099*
810
9-Emergency Services – Automated External Defibrillator and Naloxone
10-Co–Location Initiative – Requirements for Public Buildings
11+SENATE BILL 1099
12+J1, E4, P1 (4lr0761)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Health and Government Operations —
15+Introduced by Senators Smith, Gile, James, Rosapepe, Zucker, Salling, Muse,
16+McKay, Carozza, Hettleman, Jackson, Kramer, Folden, King, Guzzone, Lam,
17+Elfreth, Waldstreicher, and West West, Augustine, Brooks, Feldman, Hester,
18+Kagan, Lewis Young, and Simonaire
1119
12-FOR the purpose of requiring the State Emergency Medical Services Board, in collaboration
13-with the Maryland Department of Health, to develop and implement an initiative
14-under the Public Access Automated External Defibrillator Program to require that
15-naloxone be co–located with each automated external defibrillator placed in a public
16-building; establishing a certain immunity from liability for owners and operators of
17-public buildings who provide and maintain naloxone under the initiative and for
18-individuals who administer naloxone made available under the initiative in response
19-to a known or suspected drug overdose; requiring that the initiative be funded using
20-available funds from the Opioid Restitution Fund appropriated through the State
21-budget; and generally relating to emergency services and the availability of naloxone
22-in public buildings.
20+Read and Examined by Proofreaders:
2321
24-BY repealing and reenacting, with amendments,
25- Article – Courts and Judicial Proceedings
26-Section 5–603
27- Annotated Code of Maryland
28- (2020 Replacement Volume and 2023 Supplement)
22+_______________________________________________
23+Proofreader.
24+_______________________________________________
25+Proofreader.
2926
30-BY repealing and reenacting, with amendments,
31- Article – Education
32-Section 13–517
33- Annotated Code of Maryland
34- (2022 Replacement Volume and 2023 Supplement)
27+Sealed with the Great Seal and presented to the Governor, for his approval this
3528
36-BY adding to
37- Article – Education
38-Section 13–518
39- Annotated Code of Maryland
40- (2022 Replacement Volume and 2023 Supplement)
29+_______ day of _______________ at ___________ _____________ o’clock, ________M.
4130
42-BY repealing and reenacting, without amendments,
43- Article – State Finance and Procurement
44- Section 7–331(a)
45- Annotated Code of Maryland
46- (2021 Replacement Volume and 2023 Supplement)
31+______________________________________________
32+President.
4733
48-BY repealing and reenacting, with amendments,
49- Article – State Finance and Procurement Ch. 764 2024 LAWS OF MARYLAND
34+CHAPTER ______
5035
51-– 2 –
52- Section 7–331(f)(1)(i)
53- Annotated Code of Maryland
54- (2021 Replacement Volume and 2023 Supplement)
36+AN ACT concerning 1
5537
56- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
57-That the Laws of Maryland read as follows:
38+Emergency Services – Automated External Defibrillator and Naloxone 2
39+Co–Location Initiative – Requirements for Public Buildings 3
5840
59-Article – Courts and Judicial Proceedings
41+FOR the purpose of requiring the State Emergency Medical Services Board, in collaboration 4
42+with the Maryland Department of Health, to develop and implement an initiative 5
43+under the Public Access Automated External Defibrillator Program to require that 6
44+naloxone be co–located with each automated external defibrillator placed in a public 7
45+building; establishing a certain immunity from liability for owners and operators of 8
46+public buildings who provide and maintain naloxone under the initiative and for 9
47+individuals who administer naloxone made available under the initiative in response 10
48+to a known or suspected drug overdose; requiring that the initiative be funded using 11
49+available funds from the Opioid Restitution Fund appropriated through the State 12 2 SENATE BILL 1099
6050
61-5–603.
6251
63- (a) A person described in subsection (b) of this section is not civilly liable for any
64-act or omission in giving any assistance or medical care, if:
52+budget; and generally relating to emergency services and the availability of naloxone 1
53+in public buildings. 2
6554
66- (1) The act or omission is not one of gross negligence;
55+BY repealing and reenacting, with amendments, 3
56+ Article – Courts and Judicial Proceedings 4
57+Section 5–603 5
58+ Annotated Code of Maryland 6
59+ (2020 Replacement Volume and 2023 Supplement) 7
6760
68- (2) The assistance or medical care is provided without fee or other
69-compensation; and
61+BY repealing and reenacting, with amendments, 8
62+ Article – Education 9
63+Section 13–517 10
64+ Annotated Code of Maryland 11
65+ (2022 Replacement Volume and 2023 Supplement) 12
7066
71- (3) The assistance or medical care is provided:
67+BY adding to 13
68+ Article – Education 14
69+Section 13–518 15
70+ Annotated Code of Maryland 16
71+ (2022 Replacement Volume and 2023 Supplement) 17
7272
73- (i) At the scene of an emergency;
73+BY repealing and reenacting, without amendments, 18
74+ Article – State Finance and Procurement 19
75+ Section 7–331(a) 20
76+ Annotated Code of Maryland 21
77+ (2021 Replacement Volume and 2023 Supplement) 22
7478
75- (ii) In transit to a medical facility; or
79+BY repealing and reenacting, with amendments, 23
80+ Article – State Finance and Procurement 24
81+ Section 7–331(f)(1)(i) 25
82+ Annotated Code of Maryland 26
83+ (2021 Replacement Volume and 2023 Supplement) 27
7684
77- (iii) Through communications with personnel providing emergency
78-assistance.
85+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
86+That the Laws of Maryland read as follows: 29
7987
80- (b) Subsection (a) of this section applies to the following:
88+Article – Courts and Judicial Proceedings 30
8189
82- (1) An individual who is licensed by this State to provide medical care;
90+5–603. 31
8391
84- (2) A member of any State, county, municipal, or volunteer fire
85-department, ambulance and rescue squad, or law enforcement agency, the National Ski
86-Patrol System, or a corporate fire department responding to a call outside of its corporate
87-premises, if the member:
92+ (a) A person described in subsection (b) of this section is not civilly liable for any 32
93+act or omission in giving any assistance or medical care, if: 33
8894
89- (i) Has completed an American Red Cross course in advanced first
90-aid and has a current card showing that status;
95+ (1) The act or omission is not one of gross negligence; 34
9196
92- (ii) Has completed an equivalent of an American Red Cross course in
93-advanced first aid, as determined by the Secretary of Health;
97+ (2) The assistance or medical care is provided without fee or other 35
98+compensation; and 36 SENATE BILL 1099 3
9499
95- (iii) Is certified or licensed by this State as an emergency medical
96-services provider; or
97- WES MOORE, Governor Ch. 764
98100
99-– 3 –
100- (iv) Is administering medications or treatment approved for use in
101-response to an apparent drug overdose and the member is:
102101
103- 1. Licensed or certified as an emergency medical services
104-provider by the State Emergency Medical Services Board and authorized to administer the
105-medications and treatment under protocols established by the State Emergency Medical
106-Services Board;
102+ (3) The assistance or medical care is provided: 1
107103
108- 2. Certified to administer the medications and treatment
109-under protocols established by the Secretary of Health; or
104+ (i) At the scene of an emergency; 2
110105
111- 3. Certified to administer the medications and treatment
112-under protocols established by the Maryland State Police Medical Director;
106+ (ii) In transit to a medical facility; or 3
113107
114- (3) A volunteer fire department or ambulance and rescue squad whose
115-members have immunity; and
108+ (iii) Through communications with personnel providing emergency 4
109+assistance. 5
116110
117- (4) A corporation when its fire department personnel are immune under
118-item (2) of this subsection.
111+ (b) Subsection (a) of this section applies to the following: 6
119112
120- (c) (1) An individual who is not covered otherwise by this section is not civilly
121-liable for any act or omission in providing assistance or medical aid to a victim at the scene
122-of an emergency, if:
113+ (1) An individual who is licensed by this State to provide medical care; 7
123114
124- [(1)] (I) The assistance or aid is provided in a reasonably prudent
125-manner;
115+ (2) A member of any State, county, municipal, or volunteer fire 8
116+department, ambulance and rescue squad, or law enforcement agency, the National Ski 9
117+Patrol System, or a corporate fire department responding to a call outside of its corporate 10
118+premises, if the member: 11
126119
127- [(2)] (II) The assistance or aid is provided without fee or other
128-compensation; and
120+ (i) Has completed an American Red Cross course in advanced first 12
121+aid and has a current card showing that status; 13
129122
130- [(3)] (III) The individual relinquishes care of the victim when someone who
131-is licensed or certified by this State to provide medical care or services becomes available
132-to take responsibility.
123+ (ii) Has completed an equivalent of an American Red Cross course in 14
124+advanced first aid, as determined by the Secretary of Health; 15
133125
134- (2) THE IMMUNITY FROM CIV IL LIABILITY UNDER P ARAGRAPH (1) OF
135-THIS SUBSECTION APPLIES T O AN INDIVIDUAL WHEN ADMINISTERING NALOXO NE IN
136-RESPONSE TO A KNOWN OR SUSPECTED DRUG OV ERDOSE.
126+ (iii) Is certified or licensed by this State as an emergency medical 16
127+services provider; or 17
137128
138-Article – Education
129+ (iv) Is administering medications or treatment approved for use in 18
130+response to an apparent drug overdose and the member is: 19
139131
140-13–517.
132+ 1. Licensed or certified as an emergency medical services 20
133+provider by the State Emergency Medical Services Board and authorized to administer the 21
134+medications and treatment under protocols established by the State Emergency Medical 22
135+Services Board; 23
141136
142- (a) (1) In this section the following words have the meanings indicated.
137+ 2. Certified to administer the medications and treatment 24
138+under protocols established by the Secretary of Health; or 25
143139
144- (2) “Automated external defibrillator (AED)” means a medical heart
145-monitor and defibrillator device that: Ch. 764 2024 LAWS OF MARYLAND
140+ 3. Certified to administer the medications and treatment 26
141+under protocols established by the Maryland State Police Medical Director; 27
146142
147-– 4 –
143+ (3) A volunteer fire department or ambulance and rescue squad whose 28
144+members have immunity; and 29
148145
149- (i) Is cleared for market by the federal Food and Drug
150-Administration;
146+ (4) A corporation when its fire department personnel are immune under 30
147+item (2) of this subsection. 31 4 SENATE BILL 1099
151148
152- (ii) Recognizes the presence or absence of ventricular fibrillation or
153-rapid ventricular tachycardia;
154149
155- (iii) Determines, without intervention by an operator, whether
156-defibrillation should be performed;
157150
158- (iv) On determining that defibrillation should be performed,
159-automatically charges; and
151+ (c) (1) An individual who is not covered otherwise by this section is not civilly 1
152+liable for any act or omission in providing assistance or medical aid to a victim at the scene 2
153+of an emergency, if: 3
160154
161- (v) 1. Requires operator intervention to deliver the electrical
162-impulse; or
155+ [(1)] (I) The assistance or aid is provided in a reasonably prudent 4
156+manner; 5
163157
164- 2. Automatically continues with delivery of electrical
165-impulse.
158+ [(2)] (II) The assistance or aid is provided without fee or other 6
159+compensation; and 7
166160
167- (3) “Certificate” means a certificate issued by the EMS Board to a
168-registered facility.
161+ [(3)] (III) The individual relinquishes care of the victim when someone who 8
162+is licensed or certified by this State to provide medical care or services becomes available 9
163+to take responsibility. 10
169164
170- (4) (i) “Facility” means an agency, an association, a corporation, a firm,
171-a partnership, or any other entity.
165+ (2) THE IMMUNITY FROM CIV IL LIABILITY UNDER P ARAGRAPH (1) OF 11
166+THIS SUBSECTION APPL IES TO AN INDIVIDUAL WHEN ADMINISTERING N ALOXONE IN 12
167+RESPONSE TO A KNOWN OR SUSPECTED DRUG OV ERDOSE. 13
172168
173- (ii) “Facility” does not include a grocery store or restaurant that is
174-subject to § 21–330.3 of the Health – General Article.
169+Article – Education 14
175170
176- (5) “Jurisdictional emergency medical services operational program”
177-means the institution, agency, corporation, or other entity that has been approved by the
178-EMS Board to provide oversight of emergency medical services for each of the local
179-government and State and federal emergency medical services programs.
171+13–517. 15
180172
181- (6) “Program” means the Public Access Automated External Defibrillator
182-Program.
173+ (a) (1) In this section the following words have the meanings indicated. 16
183174
184- (7) “Regional administrator” means the individual employed by the
185-Institute as regional administrator in each EMS region.
175+ (2) “Automated external defibrillator (AED)” means a medical heart 17
176+monitor and defibrillator device that: 18
186177
187- (8) “Regional council” means an EMS advisory body as created by the Code
188-of Maryland Regulations 30.05.
178+ (i) Is cleared for market by the federal Food and Drug 19
179+Administration; 20
189180
190- (9) “Regional council AED committee” means a committee appointed by the
191-regional council consisting of:
181+ (ii) Recognizes the presence or absence of ventricular fibrillation or 21
182+rapid ventricular tachycardia; 22
192183
193- (i) The regional medical director; WES MOORE, Governor Ch. 764
184+ (iii) Determines, without intervention by an operator, whether 23
185+defibrillation should be performed; 24
194186
195-– 5 –
187+ (iv) On determining that defibrillation should be performed, 25
188+automatically charges; and 26
196189
197- (ii) The regional administrator; and
190+ (v) 1. Requires operator intervention to deliver the electrical 27
191+impulse; or 28
198192
199- (iii) Three or more individuals with knowledge of and expertise in
200-AEDs.
193+ 2. Automatically continues with delivery of electrical 29
194+impulse. 30
195+ SENATE BILL 1099 5
201196
202- (10) “Registered facility” means an organization, a business association, an
203-agency, or any other entity that meets the requirements of the EMS Board for registering
204-with the Program.
205197
206- (b) (1) There is a Public Access Automated External Defibrillator Program.
198+ (3) “Certificate” means a certificate issued by the EMS Board to a 1
199+registered facility. 2
207200
208- (2) The purpose of the Program is to [coordinate]:
201+ (4) (i) “Facility” means an agency, an association, a corporation, a firm, 3
202+a partnership, or any other entity. 4
209203
210- (I) COORDINATE an effective statewide public access defibrillation
211-program; AND
204+ (ii) “Facility” does not include a grocery store or restaurant that is 5
205+subject to § 21–330.3 of the Health – General Article. 6
212206
213- (II) IMPLEMENT THE INITIAT IVE TO CO–LOCATE NALOXONE
214-WITH AUTOMATED EXTERNAL DEFIBRILLAT ORS PLACED IN PUBLIC BUILDINGS, AS
215-REQUIRED UNDER § 13–518 OF THIS SUBTITLE .
207+ (5) “Jurisdictional emergency medical services operational program” 7
208+means the institution, agency, corporation, or other entity that has been approved by the 8
209+EMS Board to provide oversight of emergency medical services for each of the local 9
210+government and State and federal emergency medical services programs. 10
216211
217- (3) The Program shall be administered by the EMS Board.
212+ (6) “Program” means the Public Access Automated External Defibrillator 11
213+Program. 12
218214
219- (c) The EMS Board may:
215+ (7) “Regional administrator” means the individual employed by the 13
216+Institute as regional administrator in each EMS region. 14
220217
221- (1) Adopt regulations for the administration of the Program;
218+ (8) “Regional council” means an EMS advisory body as created by the Code 15
219+of Maryland Regulations 30.05. 16
222220
223- (2) Issue and renew certificates to facilities that meet the requirements of
224-this section;
221+ (9) “Regional council AED committee” means a committee appointed by the 17
222+regional council consisting of: 18
225223
226- (3) Deny, suspend, revoke, or refuse to renew the certificate of a registered
227-facility for failure to meet the requirements of this section;
224+ (i) The regional medical director; 19
228225
229- (4) Approve educational and training programs required under this section
230-that:
226+ (ii) The regional administrator; and 20
231227
232- (i) Are conducted by any private or public entity;
228+ (iii) Three or more individuals with knowledge of and expertise in 21
229+AEDs. 22
233230
234- (ii) Include training in cardiopulmonary resuscitation and
235-automated external defibrillation; and
231+ (10) “Registered facility” means an organization, a business association, an 23
232+agency, or any other entity that meets the requirements of the EMS Board for registering 24
233+with the Program. 25
236234
237- (iii) May include courses from nationally recognized entities such as
238-the American Heart Association, the American Red Cross, and the National Safety Council;
235+ (b) (1) There is a Public Access Automated External Defibrillator Program. 26
239236
240- (5) Approve the protocol for the use of an AED; and
241- Ch. 764 2024 LAWS OF MARYLAND
237+ (2) The purpose of the Program is to [coordinate]: 27
242238
243-– 6 –
244- (6) Delegate to the Institute any portion of its authority under this section.
239+ (I) COORDINATE an effective statewide public access defibrillation 28
240+program; AND 29
241+ 6 SENATE BILL 1099
245242
246- (d) (1) Each facility that desires to make automated external defibrillation
247-available shall possess a valid certificate from the EMS Board.
248243
249- (2) This subsection does not apply to:
244+ (II) IMPLEMENT THE INITIAT IVE TO CO–LOCATE NALOXONE 1
245+WITH AUTOMATED EXTER NAL DEFIBRILLATORS P LACED IN PUBLIC BUIL DINGS, AS 2
246+REQUIRED UNDER § 13–518 OF THIS SUBTITLE . 3
250247
251- (i) A jurisdictional emergency medical services operational
252-program;
248+ (3) The Program shall be administered by the EMS Board. 4
253249
254- (ii) A licensed commercial ambulance service;
250+ (c) The EMS Board may: 5
255251
256- (iii) A health care facility as defined in § 19–114 of the Health –
257-General Article; or
252+ (1) Adopt regulations for the administration of the Program; 6
258253
259- (iv) A place of business for health care practitioners who are licensed
260-as dentists under Title 4 of the Health Occupations Article or as physicians under Title 14
261-of the Health Occupations Article and are authorized to use an AED in accordance with
262-that license.
254+ (2) Issue and renew certificates to facilities that meet the requirements of 7
255+this section; 8
263256
264- (e) To qualify for a certificate a facility shall:
257+ (3) Deny, suspend, revoke, or refuse to renew the certificate of a registered 9
258+facility for failure to meet the requirements of this section; 10
265259
266- (1) Comply with the written protocol approved by the EMS Board for the
267-use of an AED which includes notification of the emergency medical services system
268-through the use of the 911 universal emergency access number as soon as possible on the
269-use of an AED;
260+ (4) Approve educational and training programs required under this section 11
261+that: 12
270262
271- (2) Have established automated external d efibrillator maintenance,
272-placement, operation, reporting, and quality improvement procedures as required by the
273-EMS Board;
263+ (i) Are conducted by any private or public entity; 13
274264
275- (3) Maintain each AED and all related equipment and supplies in
276-accordance with the standards established by the device manufacturer and the federal Food
277-and Drug Administration; [and]
265+ (ii) Include training in cardiopulmonary resuscitation and 14
266+automated external defibrillation; and 15
278267
279- (4) Ensure that each individual who is expected to operate an AED for the
280-registered facility has successfully completed an educational training course and refresher
281-training as required by the EMS Board; AND
268+ (iii) May include courses from nationally recognized entities such as 16
269+the American Heart Association, the American Red Cross, and the National Safety Council; 17
282270
283- (5) IF THE FACILITY IS A PUBLIC BUILDING , MEET ANY
284-REQUIREMENTS ESTABLI SHED UNDER § 13–518 OF THIS SUBTITLE REL ATING TO
285-THE CO–LOCATION OF NALOXONE WITH EACH AED MAINTAINED IN THE FA CILITY.
271+ (5) Approve the protocol for the use of an AED; and 18
286272
287- (f) A registered facility shall report the use of an AED to the Institute for review
288-by the regional council AED committee.
289- WES MOORE, Governor Ch. 764
273+ (6) Delegate to the Institute any portion of its authority under this section. 19
290274
291-– 7 –
292- (g) A facility that desires to establish or renew a certificate shall:
275+ (d) (1) Each facility that desires to make automated external defibrillation 20
276+available shall possess a valid certificate from the EMS Board. 21
293277
294- (1) Submit an application on the form that the EMS Board requires; and
278+ (2) This subsection does not apply to: 22
295279
296- (2) Meet the requirements under this section.
280+ (i) A jurisdictional emergency medical services operational 23
281+program; 24
297282
298- (h) (1) The EMS Board shall issue a new or a renewed certificate to a facility
299-that meets the requirements of this section.
283+ (ii) A licensed commercial ambulance service; 25
300284
301- (2) Each certificate shall include:
285+ (iii) A health care facility as defined in § 19–114 of the Health – 26
286+General Article; or 27
302287
303- (i) The type of certificate;
288+ (iv) A place of business for health care practitioners who are licensed 28
289+as dentists under Title 4 of the Health Occupations Article or as physicians under Title 14 29 SENATE BILL 1099 7
304290
305- (ii) The full name and address of the facility;
306291
307- (iii) A unique identification number; and
292+of the Health Occupations Article and are authorized to use an AED in accordance with 1
293+that license. 2
308294
309- (iv) The dates of issuance and expiration of the certificate.
295+ (e) To qualify for a certificate a facility shall: 3
310296
311- (3) A certificate is valid for 3 years.
297+ (1) Comply with the written protocol approved by the EMS Board for the 4
298+use of an AED which includes notification of the emergency medical services system 5
299+through the use of the 911 universal emergency access number as soon as possible on the 6
300+use of an AED; 7
312301
313- (i) The EMS Board may issue a cease and desist order or obtain injunctive relief
314-if a facility makes automated external defibrillation available in violation of this section.
302+ (2) Have established automated external defibrillator maintenance, 8
303+placement, operation, reporting, and quality improvement procedures as required by the 9
304+EMS Board; 10
315305
316- (j) (1) In addition to any other immunities available under statutory or
317-common law, a registered facility is not civilly liable for any act or omission in the provision
318-of automated external defibrillation if the registered facility:
306+ (3) Maintain each AED and all related equipment and supplies in 11
307+accordance with the standards established by the device manufacturer and the federal Food 12
308+and Drug Administration; [and] 13
319309
320- (i) Has satisfied the requirements for making automated external
321-defibrillation available under this section; and
310+ (4) Ensure that each individual who is expected to operate an AED for the 14
311+registered facility has successfully completed an educational training course and refresher 15
312+training as required by the EMS Board; AND 16
322313
323- (ii) Possesses a valid certificate at the time of the act or omission.
314+ (5) IF THE FACILITY IS A PUBLIC BUILDING , MEET ANY 17
315+REQUIREMENTS ESTABLI SHED UNDER § 13–518 OF THIS SUBTITLE REL ATING TO 18
316+THE CO–LOCATION OF NALOXONE WITH EACH AED MAINTAINED IN THE FAC ILITY. 19
324317
325- (2) In addition to any other immunities available under statutory or
326-common law, a member of the regional council AED committee is not civilly liable for any
327-act or omission in the provision of automated external defibrillation.
318+ (f) A registered facility shall report the use of an AED to the Institute for review 20
319+by the regional council AED committee. 21
328320
329- (3) In addition to any other immunities available under statutory or
330-common law, an individual is not civilly liable for any act or omission if:
321+ (g) A facility that desires to establish or renew a certificate shall: 22
331322
332- (i) The individual is acting in good faith while rendering automated
333-external defibrillation to a person who is a victim or reasonably believed by the individual
334-to be a victim of a sudden cardiac arrest;
323+ (1) Submit an application on the form that the EMS Board requires; and 23
335324
336- (ii) The assistance or aid is provided in a reasonably prudent
337-manner; and Ch. 764 2024 LAWS OF MARYLAND
325+ (2) Meet the requirements under this section. 24
338326
339-– 8 –
327+ (h) (1) The EMS Board shall issue a new or a renewed certificate to a facility 25
328+that meets the requirements of this section. 26
340329
341- (iii) The automated external defibrillation is provided without fee or
342-other compensation.
330+ (2) Each certificate shall include: 27
343331
344- (4) The immunities in this subsection are not available if the conduct of the
345-registered facility or an individual amounts to gross negligence, willful or wanton
346-misconduct, or intentionally tortious conduct.
332+ (i) The type of certificate; 28
347333
348- (5) This subsection does not affect, and may not be construed as affecting,
349-any immunities from civil or criminal liability or defenses established by any other
350-provision of the Code or by common law to which a registered facility, a member of the
351-regional council AED committee, or an individual may be entitled.
334+ (ii) The full name and address of the facility; 29
352335
353- (k) (1) A registered facility aggrieved by a decision of the Institute acting
354-under the delegated authority of the EMS Board under this section shall be afforded an
355-opportunity for a hearing before the EMS Board.
336+ (iii) A unique identification number; and 30
337+ 8 SENATE BILL 1099
356338
357- (2) A registered facility aggrieved by a decision of the EMS Board under
358-this section shall be afforded an opportunity for a hearing in accordance with Title 10,
359-Subtitle 2 of the State Government Article.
360339
361-13–518.
340+ (iv) The dates of issuance and expiration of the certificate. 1
362341
363- (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
364-INDICATED.
342+ (3) A certificate is valid for 3 years. 2
365343
366- (2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” HAS THE
367-MEANING STATED IN § 13–517 OF THIS SUBTITLE.
344+ (i) The EMS Board may issue a cease and desist order or obtain injunctive relief 3
345+if a facility makes automated external defibrillation available in violation of this section. 4
368346
369- (3) “NALOXONE” MEANS THE MEDICATION APPROVED BY THE
370-FEDERAL FOOD AND DRUG ADMINISTRATION FOR COMMUNITY USE FOR THE
371-REVERSAL OF A KNOWN OR SUSPECTED OPIOID OVERDO SE.
347+ (j) (1) In addition to any other immunities available under statutory or 5
348+common law, a registered facility is not civilly liable for any act or omission in the provision 6
349+of automated external defibrillation if the registered facility: 7
372350
373- (4) “PUBLIC BUILDING ” MEANS:
351+ (i) Has satisfied the requirements for making automated external 8
352+defibrillation available under this section; and 9
374353
375- (I) A PUBLIC MASS TRANSPOR TATION ACCOMMODATION , SUCH
376-AS A TERMINAL OR STA TION, THAT IS SUPPORTED BY PUBLIC FUNDS;
354+ (ii) Possesses a valid certificate at the time of the act or omission. 10
377355
378- (II) AN IMPROVEMENT OF A P UBLIC AREA USED FOR
379-GATHERING OR AMUSEME NT, INCLUDING A PUBLIC P ARK OR RECREATION CE NTER;
380-OR
356+ (2) In addition to any other immunities available under statutory or 11
357+common law, a member of the regional council AED committee is not civilly liable for any 12
358+act or omission in the provision of automated external defibrillation. 13
381359
382- (III) A FACILITY THAT IS SUP PORTED BY PUBLIC FUN DS AND
383-PRIMARILY USED TO PR OVIDE SECONDARY OR H IGHER EDUCATION .
384- WES MOORE, Governor Ch. 764
360+ (3) In addition to any other immunities available under statutory or 14
361+common law, an individual is not civilly liable for any act or omission if: 15
385362
386-– 9 –
387- (B) (1) THE EMS BOARD, IN COLLABORATION WIT H THE MARYLAND
388-DEPARTMENT OF HEALTH, SHALL DEVELOP AND IMPLEMENT A N INITIATIVE UNDER
389-THE PUBLIC ACCESS AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM TO
390-REQUIRE THAT NALOXON E BE CO–LOCATED WITH EACH AU TOMATED EXTERNAL
391-DEFIBRILLATOR PLACED IN A PUBLIC BUILDING .
363+ (i) The individual is acting in good faith while rendering automated 16
364+external defibrillation to a person who is a victim or reasonably believed by the individual 17
365+to be a victim of a sudden cardiac arrest; 18
392366
393- (2) THE INITIATIVE DEVELO PED UNDER PARAGRAPH (1) OF THIS
394-SUBSECTION SHALL ENS URE THAT UP TO TWO D OSES OF NALOXONE ARE
395-MAINTAINED IN A LOCA TION THAT:
367+ (ii) The assistance or aid is provided in a reasonably prudent 19
368+manner; and 20
396369
397- (I) IS VISIBLE AND IN CLO SE PHYSICAL PROXIMIT Y TO THE
398-AUTOMATED EXTERNAL D EFIBRILLATOR ; AND
370+ (iii) The automated external defibrillation is provided without fee or 21
371+other compensation. 22
399372
400- (II) HAS A LABEL THAT CLEA RLY INDICATES TO THE PUBLIC
401-THE AVAILABILITY OF NALOXONE.
373+ (4) The immunities in this subsection are not available if the conduct of the 23
374+registered facility or an individual amounts to gross negligence, willful or wanton 24
375+misconduct, or intentionally tortious conduct. 25
402376
403- (3) THE INITIATIVE DEVELO PED UNDER PARAGRAPH (1) OF THIS
404-SUBSECTION SHALL BE FUNDED IN THE SAME MANNER A S THE PUBLIC ACCESS
405-AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM USING AVAILABLE FUNDS
406-FROM THE OPIOID RESTITUTION FUND APPROPRIATED THROUGH THE STATE
407-BUDGET.
377+ (5) This subsection does not affect, and may not be construed as affecting, 26
378+any immunities from civil or criminal liability or defenses established by any other 27
379+provision of the Code or by common law to which a registered facility, a member of the 28
380+regional council AED committee, or an individual may be entitled. 29
408381
409- (C) (1) THE OWNER OR OPERATOR OF A PUBLIC BUILDING IS NOT CIVILLY
410-LIABLE FOR ANY ACT O R OMISSION IN THE PR OVISION AND MAINTENA NCE OF
411-NALOXONE UNDER THE I NITIATIVE DEVELOPED UNDER SUBSECTION (B)(1) OF THIS
412-SECTION IF THE OWNER OR OPERATOR HAS SATI SFIED ANY REQUIREMEN TS
413-ESTABLISHED FOR PROV IDING AND MAINTAININ G NALOXONE UNDER THE
414-INITIATIVE.
382+ (k) (1) A registered facility aggrieved by a decision of the Institute acting 30
383+under the delegated authority of the EMS Board under this section shall be afforded an 31
384+opportunity for a hearing before the EMS Board. 32
385+ SENATE BILL 1099 9
415386
416- (2) AN INDIVIDUAL WHO ADM INISTERS NALOXONE MA DE AVAILABLE
417-UNDER THE INITIATIVE DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION
418-IN RESPONSE TO A KNO WN OR SUSPECTED DRUG OVERDOSE SHALL HAVE IMMUNITY
419-FROM CIVIL LIABILITY AS PROVIDED IN § 5–603 OF THE COURTS ARTICLE.
420387
421- (D) THE EMS BOARD AND THE MARYLAND DEPARTMENT OF HEALTH
422-JOINTLY SHALL ADOPT REGULATIONS THAT :
388+ (2) A registered facility aggrieved by a decision of the EMS Board under 1
389+this section shall be afforded an opportunity for a hearing in accordance with Title 10, 2
390+Subtitle 2 of the State Government Article. 3
423391
424- (1) ESTABLISH GUIDELINES FOR PERIODIC INSPECTIONS AND
425-MAINTENANCE OF THE N ALOXONE PLACED IN PU BLIC BUILDINGS; AND
392+13–518. 4
426393
427- (2) ASSIST THE ADMINISTRA TORS OF EACH PUBLIC BUILDING IN
428-CARRYING OUT THE PRO VISIONS OF THIS SECT ION; AND
429- Ch. 764 2024 LAWS OF MARYLAND
394+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 5
395+INDICATED. 6
430396
431-– 10 –
432- (3) ESTABLISH INITIAL PRI ORITIZATION OF THE P UBLIC BUILDINGS
433-ELIGIBLE TO RECEIVE FUNDING UNDER THIS S ECTION WITH A GOAL O F
434-CO–LOCATION OF NALOXONE WITH EACH AUTOMATED EXTERNAL DEFIBRILLAT OR
435-LOCATED IN A PUBLIC BUILDING BY OCTOBER 1, 2027.
397+ (2) “AUTOMATED EXTERNAL DE FIBRILLATOR (AED)” HAS THE 7
398+MEANING STATED IN § 13–517 OF THIS SUBTITLE. 8
436399
437-Article – State Finance and Procurement
400+ (3) “NALOXONE” MEANS THE MEDICATION APPROVED BY THE 9
401+FEDERAL FOOD AND DRUG ADMINISTRATION FOR COMMUNITY USE FOR THE 10
402+REVERSAL OF A KNOWN OR SUSPECTED OPIOID OVERDOSE. 11
438403
439-7–331.
404+ (4) “PUBLIC BUILDING ” MEANS: 12
440405
441- (a) In this section, “Fund” means the Opioid Restitution Fund.
406+ (I) A PUBLIC MASS TRANSPOR TATION ACCOMMODATION , SUCH 13
407+AS A TERMINAL OR STA TION, THAT IS SUPPORTED BY PUBLIC FUNDS; 14
442408
443- (f) The Fund may be used only to provide funds for:
409+ (II) AN IMPROVEMENT OF A P UBLIC AREA USED FOR 15
410+GATHERING OR AMUSEME NT, INCLUDING A PUBLIC P ARK OR RECREATION CE NTER; 16
411+OR 17
444412
445- (1) programs, services, supports, and resources for evidence–based
446-substance use disorder prevention, treatment, recovery, or harm reduction that have the
447-purpose of:
413+ (III) A FACILITY THAT IS SUP PORTED BY PUBLIC FUN DS AND 18
414+PRIMARILY USED TO PR OVIDE SECONDARY OR H IGHER EDUCATION . 19
448415
449- (i) improving access to medications proven to prevent or reverse an
450-overdose, INCLUDING BY SUPPORT ING THE INITIATIVE T O CO–LOCATE NALOXONE
451-WITH AUTOMATED EXTER NAL DEFIBRILLATORS P LACED IN PUBLIC BUILDINGS
452-UNDER § 13–518 OF THE EDUCATION ARTICLE;
416+ (B) (1) THE EMS BOARD, IN COLLABORATION WIT H THE MARYLAND 20
417+DEPARTMENT OF HEALTH, SHALL DEVELOP AND IM PLEMENT AN INITIATIV E UNDER 21
418+THE PUBLIC ACCESS AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM TO 22
419+REQUIRE THAT NALOXON E BE CO–LOCATED WITH EACH AU TOMATED EXTERNAL 23
420+DEFIBRILLATOR PLACED IN A PUBL IC BUILDING. 24
453421
454- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
455-October 1, 2024.
422+ (2) THE INITIATIVE DEVELO PED UNDER PARAGRAPH (1) OF THIS 25
423+SUBSECTION SHALL ENS URE THAT UP TO TWO D OSES OF NALOXONE ARE 26
424+MAINTAINED IN A LOCA TION THAT: 27
456425
457-Approved by the Governor, May 16, 2024.
426+ (I) IS VISIBLE AND IN CLO SE PHYSICAL PROXIMIT Y TO THE 28
427+AUTOMATED EXTERNAL DEFIBRILLAT OR; AND 29
428+
429+ (II) HAS A LABEL THAT CLEA RLY INDICATES TO THE PUBLIC 30
430+THE AVAILABILITY OF NALOXONE. 31
431+ 10 SENATE BILL 1099
432+
433+
434+ (3) THE INITIATIVE DEVELO PED UNDER PARAGRAPH (1) OF THIS 1
435+SUBSECTION SHALL BE FUNDED IN THE SAME MANNER A S THE PUBLIC ACCESS 2
436+AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM USING AVAILABLE FUNDS 3
437+FROM THE OPIOID RESTITUTION FUND APPROPRIATED THROUGH THE STATE 4
438+BUDGET. 5
439+
440+ (C) (1) THE OWNER OR OPERATOR OF A PUBLIC BUILDING IS NOT CIVILLY 6
441+LIABLE FOR ANY ACT O R OMISSION IN THE PR OVISION AND MAINTENA NCE OF 7
442+NALOXONE UNDER THE I NITIATIVE DEVELOPED UNDER SUBSECTION (B)(1) OF THIS 8
443+SECTION IF THE OWNER OR OPERATOR HAS SATI SFIED ANY REQUIREMEN TS 9
444+ESTABLISHED FOR PROV IDING AND MAINTAININ G NALOXONE UNDER THE 10
445+INITIATIVE. 11
446+
447+ (2) AN INDIVIDUAL WHO ADM INISTERS NALOXO NE MADE AVAILABLE 12
448+UNDER THE INITIATIVE DEVELOPED UNDER PARA GRAPH (1) OF THIS SUBSECTION 13
449+IN RESPONSE TO A KNO WN OR SUSPECTED DRUG OVERDOSE SHALL HAVE IMMUNITY 14
450+FROM CIVIL LIABILITY AS PROVIDED IN § 5–603 OF THE COURTS ARTICLE. 15
451+
452+ (D) THE EMS BOARD AND THE MARYLAND DEPARTMENT OF HEALTH 16
453+JOINTLY SHALL ADOPT REGULATIONS THAT : 17
454+
455+ (1) ESTABLISH GUIDELINES FOR PERIODIC INSPECT IONS AND 18
456+MAINTENANCE OF THE N ALOXONE PLACED IN PU BLIC BUILDINGS; AND 19
457+
458+ (2) ASSIST THE ADMINISTRA TORS OF EACH PUBLIC BUILDING IN 20
459+CARRYING OUT T HE PROVISIONS OF THI S SECTION; AND 21
460+
461+ (3) ESTABLISH INITIAL PRI ORITIZATION OF THE P UBLIC BUILDINGS 22
462+ELIGIBLE TO RECEIVE FUNDING UNDER THIS S ECTION WITH A GOAL O F 23
463+CO–LOCATION OF NALOXONE WITH EACH AUTOMATED EXTERNAL DEFIBRILLAT OR 24
464+LOCATED IN A PUBLIC BUILDING BY OCTOBER 1, 2027. 25
465+
466+Article – State Finance and Procurement 26
467+
468+7–331. 27
469+
470+ (a) In this section, “Fund” means the Opioid Restitution Fund. 28
471+
472+ (f) The Fund may be used only to provide funds for: 29
473+
474+ (1) programs, services, supports, and resources for evidence–based 30
475+substance use disorder prevention, treatment, recovery, or harm reduction that have the 31
476+purpose of: 32
477+ SENATE BILL 1099 11
478+
479+
480+ (i) improving access to medications proven to prevent or reverse an 1
481+overdose, INCLUDING BY SUPPORT ING THE INITIATIVE T O CO–LOCATE NALOXONE 2
482+WITH AUTOMATED EXTER NAL DEFIBRILLATORS P LACED IN PUBLIC BUIL DINGS 3
483+UNDER § 13–518 OF THE EDUCATION ARTICLE; 4
484+
485+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
486+October 1, 2024. 6
487+
488+
489+
490+
491+Approved:
492+________________________________________________________________________________
493+ Governor.
494+________________________________________________________________________________
495+ President of the Senate.
496+________________________________________________________________________________
497+ Speaker of the House of Delegates.