Maryland 2024 Regular Session

Maryland Senate Bill SB282 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0282
6	6
7	7	SENATE BILL 282
8	8	E5, J1 4lr0223
9	9	(PRE–FILED) CF HB 203
10	10	By: Chair, Judicial Proceedings Committee (By Request – Departmental – Office
11	11	of Crime Prevention, Youth, and Victim Services)
12	12	Requested: September 15, 2023
13	13	Introduced and read first time: January 10, 2024
14	14	Assigned to: Judicial Proceedings
15	15
16	16	A BILL ENTITLED
17	17
18	18	AN ACT concerning 1
19	19
20	20	Correctional Services – Local Detention Centers – Reporting on Opioid Use 2
21	21	Disorder 3
22	22
23	23	FOR the purpose of altering a certain requirement that the Governor’s Office of Crime 4
24	24	Prevention, Youth, and Victim Services annually report to the General Assembly 5
25	25	about opioid use disorder among incarcerated individuals in local correctional 6
26	26	facilities by repealing certain reporting requirements; and generally relating to 7
27	27	opioid use disorder among incarcerated individuals in local detention centers. 8
28	28
29	29	BY repealing and reenacting, with amendments, 9
30	30	Article – Correctional Services 10
31	31	Section 9–603 11
32	32	Annotated Code of Maryland 12
33	33	(2017 Replacement Volume and 2023 Supplement) 13
34	34	(As enacted by Section 3 of Chapter 721 of the Acts of the General Assembly of 2023) 14
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
37	37	That the Laws of Maryland read as follows: 16
38	38
39	39	Article – Correctional Services 17
40	40
41	41	9–603. 18
42	42
43	43	(a) (1) Subject to paragraph (2) of this subsection, the requirements under this 19
44	44	section shall apply to: 20
45	45
46	46	(i) local detention centers in the following counties by January 1, 21
47	47	2020: 22
48	48	2 SENATE BILL 282
49	49
50	50
51	51	1. Howard County; 1
52	52
53	53	2. Montgomery County; 2
54	54
55	55	3. Prince George’s County; and 3
56	56
57	57	4. St. Mary’s County; and 4
58	58
59	59	(ii) local detention centers in six additional counties by October 1, 5
60	60	2021. 6
61	61
62	62	(2) (i) The Governor’s Office of Crime Prevention, Youth, and Victim 7
63	63	Services, the Maryland Department of Health, and the Maryland Correctional 8
64	64	Administrators Association shall evaluate the implementation of the requirements of this 9
65	65	section and determine a schedule to add additional counties, provided that the provisions 10
66	66	of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex 11
67	67	by January 2023. 12
68	68
69	69	(ii) If the Baltimore Pre–trial Complex has not fully implemented 13
70	70	the provisions of this section by January 2023, the Department of Public Safety and 14
71	71	Correctional Services shall report to the Senate Finance Committee and the House 15
72	72	Judiciary Committee, in accordance with § 2–1257 of the State Government Article, on the 16
73	73	status and timeline of implementation. 17
74	74
75	75	(iii) Funding for the program at the Baltimore Pre–trial Complex 18
76	76	shall be as provided in the State budget. 19
77	77
78	78	(b) (1) In this section the following words have the meanings indicated. 20
79	79
80	80	(2) “Health care practitioner” means an individual who is licensed, 21
81	81	certified, or otherwise authorized to practice under the Health Occupations Article. 22
82	82
83	83	(3) “Incarcerated individual” means an individual confined within a local 23
84	84	correctional facility. 24
85	85
86	86	(4) “Medication” means a medication approved by the federal Food and 25
87	87	Drug Administration for the treatment of opioid use disorder. 26
88	88
89	89	(5) “Medication–assisted treatment” means the use of medication, in 27
90	90	combination with counseling and behavioral health therapies, to provide a holistic 28
91	91	approach to the treatment of opioid use disorder. 29
92	92
93	93	(6) “Opioid use disorder” means a medically diagnosed problematic pattern 30
94	94	of opioid use that causes significant impairment or distress. 31
95	95
96	96	(7) “Peer recovery specialist” means an individual who has been certified 32
97	97	by an entity approved by the Maryland Department of Health for the purpose of providing 33 SENATE BILL 282 3
98	98
99	99
100	100	peer support services, as defined under § 7.5–101(n) of the Health – General Article. 1
101	101
102	102	(c) An incarcerated individual in a State or local correctional facility shall be 2
103	103	placed on a properly supervised program of methadone detoxification if: 3
104	104
105	105	(1) a physician determines that the incarcerated individual is a person 4
106	106	with an opioid use disorder; 5
107	107
108	108	(2) the treatment is prescribed by a physician; and 6
109	109
110	110	(3) the incarcerated individual consents in writing to the treatment. 7
111	111
112	112	(d) (1) Each local correctional facility shall conduct an assessment of the 8
113	113	mental health and substance use status of each incarcerated individual using 9
114	114	evidence–based screenings and assessments, to determine: 10
115	115
116	116	(i) if the medical diagnosis of an opioid use disorder is appropriate; 11
117	117	and 12
118	118
119	119	(ii) if medication–assisted treatment is appropriate. 13
120	120
121	121	(2) If an assessment conducted under paragraph (1) of this subsection 14
122	122	indicates opioid use disorder, an evaluation of the incarcerated individual shall be 15
123	123	conducted by a health care practitioner with prescriptive authority authorized under Title 16
124	124	8, Title 14, or Title 15 of the Health Occupations Article. 17
125	125
126	126	(3) Information shall be provided to the incarcerated individual describing 18
127	127	medication options used in medication–assisted treatment. 19
128	128
129	129	(4) Medication–assisted treatment shall be available to an incarcerated 20
130	130	individual for whom such treatment is determined to be appropriate under this subsection. 21
131	131
132	132	(5) Each local correctional facility shall make available at least one 22
133	133	formulation of each FDA–approved full opioid agonist, partial opioid agonist, and 23
134	134	long–acting opioid antagonist used for the treatment of opioid use disorders. 24
135	135
136	136	(6) Each pregnant woman identified with an opioid use disorder shall 25
137	137	receive evaluation and be offered medication–assisted treatment as soon as practicable. 26
138	138
139	139	(e) Each local correctional facility shall: 27
140	140
141	141	(1) following an assessment using clinical guidelines for 28
142	142	medication–assisted treatment: 29
143	143
144	144	(i) make medication available by a qualified provider to the 30
145	145	incarcerated individual; or 31
146	146	4 SENATE BILL 282
147	147
148	148
149	149	(ii) begin withdrawal management services prior to administration 1
150	150	of medication; 2
151	151
152	152	(2) make available and administer medications for the treatment of opioid 3
153	153	use disorder; 4
154	154
155	155	(3) provide behavioral health counseling for incarcerated individuals 5
156	156	diagnosed with opioid use disorder consistent with therapeutic standards for such therapies 6
157	157	in a community setting; 7
158	158
159	159	(4) provide access to a health care practitioner who can provide access to 8
160	160	all FDA–approved medications for the treatment of opioid use disorders; and 9
161	161
162	162	(5) provide on–premises access to peer recovery specialists. 10
163	163
164	164	(f) If an incarcerated individual received medication or medication–assisted 11
165	165	treatment for opioid use disorder immediately preceding or during the incarcerated 12
166	166	individual’s incarceration, a local correctional facility shall continue the treatment after 13
167	167	incarceration or transfer unless: 14
168	168
169	169	(1) the incarcerated individual voluntarily discontinues the treatment, 15
170	170	verified through a written agreement that includes a signature; or 16
171	171
172	172	(2) a health care practitioner determines that the treatment is no longer 17
173	173	medically appropriate. 18
174	174
175	175	(g) Before the release of an incarcerated individual diagnosed with opioid use 19
176	176	disorder under subsection (d) of this section, a local correctional facility shall develop a plan 20
177	177	of reentry that: 21
178	178
179	179	(1) includes information regarding post incarceration access to medication 22
180	180	continuity, peer recovery specialists, other supportive therapy, and enrollment in health 23
181	181	insurance plans; 24
182	182
183	183	(2) includes any recommended referrals by a health care practitioner to 25
184	184	medication continuity, peer recovery specialists, and other supportive therapy; and 26
185	185
186	186	(3) is reviewed and, if needed, revised by a health care practitioner or peer 27
187	187	recovery specialist. 28
188	188
189	189	(h) The procedures and standards used to determine substance use disorder 29
190	190	diagnosis and treatment of incarcerated individuals are subject to the guidelines and 30
191	191	regulations adopted by the Maryland Department of Health. 31
192	192
193	193	(i) As provided in the State budget, the State shall fund the program of opioid 32
194	194	use disorder screening, evaluation, and treatment of incarcerated individuals as provided 33
195	195	under this section. 34 SENATE BILL 282 5
196	196
197	197
198	198
199	199	(j) On or before November 1, 2020, and annually thereafter, the Governor’s Office 1
200	200	of Crime Prevention, Youth, and Victim Services shall report data from individual local 2
201	201	correctional facilities to the General Assembly, in accordance with § 2–1257 of the State 3
202	202	Government Article, on: 4
203	203
204	204	(1) the number of incarcerated individuals diagnosed with: 5
205	205
206	206	(i) a mental health disorder; 6
207	207
208	208	(ii) an opioid use disorder; 7
209	209
210	210	(iii) a non–opioid substance use disorder; and 8
211	211
212	212	(iv) a dual diagnosis of mental health and substance use disorder; 9
213	213
214	214	(2) the number and cost of assessments for incarcerated individuals in local 10
215	215	correctional facilities, including the number of unique incarcerated individuals examined; 11
216	216
217	217	(3) the number of incarcerated individuals who were receiving medication 12
218	218	or medication–assisted treatment for opioid use disorder immediately prior to 13
219	219	incarceration; 14
220	220
221	221	(4) the type and prevalence of medication or medication –assisted 15
222	222	treatments for opioid use disorder provided; 16
223	223
224	224	(5) [the number of incarcerated individuals diagnosed with opioid use 17
225	225	disorder; 18
226	226
227	227	(6)] the number of incarcerated individuals for whom medication and 19
228	228	medication–assisted treatment for opioid use disorder was prescribed; 20
229	229
230	230	[(7)] (6) the number of incarcerated individuals for whom medication and 21
231	231	medication–assisted treatment was prescribed and initiated for opioid use disorder; 22
232	232
233	233	[(8) the number of medications and medication–assisted treatments for 23
234	234	opioid use disorder provided according to each type of medication and medication–assisted 24
235	235	treatment options;] 25
236	236
237	237	[(9)] (7) the number of incarcerated individuals who continued to receive 26
238	238	the same medication or medication–assisted treatment for opioid use disorder as the 27
239	239	incarcerated individual received prior to incarceration; 28
240	240
241	241	[(10)] (8) the number of incarcerated individuals who received a different 29
242	242	medication or medication–assisted treatment for opioid use disorder compared to what the 30
243	243	incarcerated individual received prior to incarceration; 31 6 SENATE BILL 282
244	244
245	245
246	246
247	247	[(11) the number of incarcerated individuals who initiated treatment with 1
248	248	medication or medication–assisted treatment for opioid use disorder who were not being 2
249	249	treated for opioid use disorder prior to incarceration;] 3
250	250
251	251	[(12)] (9) the number of incarcerated individuals who discontinued 4
252	252	medication or medication–assisted treatment for opioid use disorder during incarceration; 5
253	253
254	254	[(13)] (10) a review and summary of the percent of days, including the 6
255	255	average percent, median percent, mode percent, and interquartile range of percent, for 7
256	256	incarcerated individuals with opioid use d isorder receiving medication or 8
257	257	medication–assisted treatment for opioid use disorder as calculated overall and stratified 9
258	258	by other factors, such as type of treatment received; 10
259	259
260	260	[(14) the number of incarcerated individuals receiving medication or 11
261	261	medication–assisted treatment for opioid use disorder prior to release;] 12
262	262
263	263	[(15)] (11) the number of incarcerated individuals receiving medication or 13
264	264	medication–assisted treatment prior to release for whom the facility had made a prerelease 14
265	265	reentry plan; 15
266	266
267	267	[(16)] (12) a review and summary of practices related to medication and 16
268	268	medication–assisted treatment for opioid use disorder for incarcerated individuals with 17
269	269	opioid use disorder before October 1, 2019; 18
270	270
271	271	[(17)] (13) a review and summary of prerelease planning practices relative 19
272	272	to incarcerated individuals diagnosed with opioid use disorder prior to, and following, 20
273	273	October 1, 2019; and 21
274	274
275	275	[(18)] (14) any other information requested by the Maryland Department of 22
276	276	Health related to the administration of the provisions under this section. 23
277	277
278	278	(k) Any behavioral health assessment, evaluation, treatment recommendation, or 24
279	279	course of treatment shall be reported to the Governor’s Office of Crime Prevention, Youth, 25
280	280	and Victim Services and also include any other data necessary to meet reporting 26
281	281	requirements under this section. 27
282	282
283	283	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
284	284	October 1, 2024. 29
285	285