EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0408*
SENATE BILL 408
J1 4lr1762
CF HB 411
By: Senator Klausmeier
Introduced and read first time: January 18, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Public Health – Opioid Overdose Reversal Drugs – Standing Orders 2
FOR the purpose of requiring a licensed health care provider, when issuing a standing order 3
for an opioid reversal drug, to allow an individual to choose any formulation of any 4
opioid reversal drug approved by the federal Food and Drug Administration; and 5
generally relating to standing orders for opioid overdose reversal drugs. 6
BY repealing and reenacting, without amendments, 7
Article – Health – General 8
Section 13–3101(a) and (e) 9
Annotated Code of Maryland 10
(2023 Replacement Volume) 11
BY repealing and reenacting, with amendments, 12
Article – Health – General 13
Section 13–3106 14
Annotated Code of Maryland 15
(2023 Replacement Volume) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSE MBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Health – General 19
13–3101. 20
(a) In this subtitle the following words have the meanings indicated. 21
(e) “Standing order” means a written instruction for the prescribing and 22
dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 23
Administration in accordance with § 13–3106 of this subtitle. 24 2 SENATE BILL 408
13–3106. 1
(a) A licensed health care provider with prescribing authority may prescribe and 2
dispense an opioid overdose reversal drug approved by the federal Food and Drug 3
Administration to an individual who: 4
(1) Is believed by the licensed health care provider to be at risk of 5
experiencing an opioid overdose; or 6
(2) Is in a position to assist an individual at risk of experiencing an opioid 7
overdose. 8
(b) (1) A licensed health care provider with prescribing authority may 9
prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 10
Drug Administration by issuing a standing order if the licensed health care provider: 11
(i) Is employed by the Department or a local health department; or 12
(ii) Has a written agreement with an authorized private or public 13
entity under § 13–3104 of this subtitle. 14
(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL 15
DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE 16
PROVIDER SHALL ALLOW THE INDIVIDUAL TO CHOOSE ANY FORMULATION OF ANY 17
OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG 18
ADMINISTRATION . 19
[(2)] (3) A licensed health care provider with prescribing authority who 20
issues a standing order under paragraph (1) of this subsection may delegate the dispensing 21
of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 22
an employee or a volunteer of an authorized private or public entity in accordance with a 23
written agreement under § 13–3104 of this subtitle. 24
[(3)] (4) Any licensed health care provider who has dispensing authority 25
also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 26
Administration to any individual in accordance with a standing order issued by a licensed 27
health care provider with prescribing authority in accordance with this subsection. 28
(c) A pharmacist may dispense opioid overdose reversal drugs approved by the 29
federal Food and Drug Administration in accordance with a therapy management contract 30
under Title 12, Subtitle 6A of the Health Occupations Article. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2024. 33