EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0408*
SENATE BILL 408
J1 4lr1762
CF HB 411
By: Senator Klausmeier
Introduced and read first time: January 18, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 16, 2024
CHAPTER ______
AN ACT concerning 1
Public Health – Maryland Department of Health – Reports on Standing Orders 2
and Opioid Overdose Reversal Drugs – Standing Orders 3
FOR the purpose of requiring a licensed health care provider, when issuing a standing order 4
for an opioid reversal drug, to allow an individual to choose any formulation of any 5
opioid reversal drug approved by the federal Food and Drug Administration; 6
requiring the Maryland Department of Health, on or before certain dates, to report 7
to certain committees of the General Assembly on opioid overdose reversal drugs and 8
standing orders; and generally relating to reports on standing orders for and opioid 9
overdose reversal drugs. 10
BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 13–3101(a) and (e) 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 13–3106 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: on or before December 1, 2024, December 1, 22 2 SENATE BILL 408
2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate 1
Finance Committee and the House Health and Government Operations Committee, in 2
accordance with § 2–1257 of the State Government Article, on: 3
(1) current opioid overdose reversal drugs approved by the federal Food 4
and Drug Administration; and 5
(2) for any current opioid overdose reversal drug approved by the federal 6
Food and Drug Administration, whether the Department has added the drug to a standing 7
order, and if not, the reasons why the drug has not been added. 8
Article – Health – General 9
13–3101. 10
(a) In this subtitle the following words have the meanings indicated. 11
(e) “Standing order” means a written instruction for the prescribing and 12
dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 13
Administration in accordance with § 13–3106 of this subtitle. 14
13–3106. 15
(a) A licensed health care provider with prescribing authority may prescribe and 16
dispense an opioid overdose reversal drug approved by the federal Food and Drug 17
Administration to an individual who: 18
(1) Is believed by the licensed health care provider to be at risk of 19
experiencing an opioid overdose; or 20
(2) Is in a position to assist an individual at risk of experiencing an opioid 21
overdose. 22
(b) (1) A licensed health care provider with prescribing authority may 23
prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 24
Drug Administration by issuing a standing order if the licensed health care provider: 25
(i) Is employed by the Department or a local health department; or 26
(ii) Has a written agreement with an authorized private or public 27
entity under § 13–3104 of this subtitle. 28
(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL 29
DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE 30
PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY 31
OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG 32
ADMINISTRATION . 33 SENATE BILL 408 3
[(2)] (3) A licensed health care provider with prescribing authority who 1
issues a standing order under paragraph (1) of this subsection may delegate the dispensing 2
of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 3
an employee or a volunteer of an authorized private or public entity in accordance with a 4
written agreement under § 13–3104 of this subtitle. 5
[(3)] (4) Any licensed health care provider who has dispensing authority 6
also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 7
Administration to any individual in accordance with a standing order issued by a licensed 8
health care provider with prescribing authority in accordance with this subsection. 9
(c) A pharmacist may dispense opioid overdose reversal drugs approved by the 10
federal Food and Drug Administration in accordance with a therapy management contract 11
under Title 12, Subtitle 6A of the Health Occupations Article. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2024. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.