MD
Maryland Senate Bill SB408

Maryland 2024 Regular Session

Maryland Senate Bill SB408 Compare Versions

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1- WES MOORE, Governor Ch. 849
21
3-– 1 –
4-Chapter 849
5-(Senate Bill 408)
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+ *sb0408*
89
9-Public Health – Maryland Department of Health – Reports on Standing Orders
10-and Opioid Overdose Reversal Drugs – Standing Orders
10+SENATE BILL 408
11+J1 4lr1762
12+ CF HB 411
13+By: Senator Klausmeier
14+Introduced and read first time: January 18, 2024
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 16, 2024
1119
12-FOR the purpose of requiring a licensed health care provider, when issuing a standing order
13-for an opioid reversal drug, to allow an individual to choose any formulation of any
14-opioid reversal drug approved by the federal Food and Drug Administration;
15-requiring the Maryland Department of Health, on or before certain dates, to report
16-to certain committees of the General Assembly on opioid overdose reversal drugs and
17-standing orders; and generally relating to reports on standing orders for and opioid
18-overdose reversal drugs.
20+CHAPTER ______
1921
20-BY repealing and reenacting, without amendments,
21- Article – Health – General
22-Section 13–3101(a) and (e)
23- Annotated Code of Maryland
24- (2023 Replacement Volume)
22+AN ACT concerning 1
2523
26-BY repealing and reenacting, with amendments,
27- Article – Health – General
28-Section 13–3106
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
24+Public Health – Maryland Department of Health – Reports on Standing Orders 2
25+and Opioid Overdose Reversal Drugs – Standing Orders 3
3126
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows: on or before December 1, 2024, December 1,
34-2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate
35-Finance Committee and the House Health and Government Operations Committee, in
36-accordance with § 2–1257 of the State Government Article, on:
27+FOR the purpose of requiring a licensed health care provider, when issuing a standing order 4
28+for an opioid reversal drug, to allow an individual to choose any formulation of any 5
29+opioid reversal drug approved by the federal Food and Drug Administration; 6
30+requiring the Maryland Department of Health, on or before certain dates, to report 7
31+to certain committees of the General Assembly on opioid overdose reversal drugs and 8
32+standing orders; and generally relating to reports on standing orders for and opioid 9
33+overdose reversal drugs. 10
3734
38- (1) current opioid overdose reversal drugs approved by the federal Food
39-and Drug Administration; and
35+BY repealing and reenacting, without amendments, 11
36+ Article – Health – General 12
37+Section 13–3101(a) and (e) 13
38+ Annotated Code of Maryland 14
39+ (2023 Replacement Volume) 15
4040
41- (2) for any current opioid overdose reversal drug approved by the federal
42-Food and Drug Administration, whether the Department has added the drug to a standing
43-order, and if not, the reasons why the drug has not been added.
41+BY repealing and reenacting, with amendments, 16
42+ Article – Health – General 17
43+Section 13–3106 18
44+ Annotated Code of Maryland 19
45+ (2023 Replacement Volume) 20
4446
45-Article – Health – General
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
48+That the Laws of Maryland read as follows: on or before December 1, 2024, December 1, 22 2 SENATE BILL 408
4649
47-13–3101.
4850
49- (a) In this subtitle the following words have the meanings indicated. Ch. 849 2024 LAWS OF MARYLAND
51+2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate 1
52+Finance Committee and the House Health and Government Operations Committee, in 2
53+accordance with § 2–1257 of the State Government Article, on: 3
5054
51-– 2 –
55+ (1) current opioid overdose reversal drugs approved by the federal Food 4
56+and Drug Administration; and 5
5257
53- (e) “Standing order” means a written instruction for the prescribing and
54-dispensing of an opioid overdose reversal drug approved by the federal Food and Drug
55-Administration in accordance with § 13–3106 of this subtitle.
58+ (2) for any current opioid overdose reversal drug approved by the federal 6
59+Food and Drug Administration, whether the Department has added the drug to a standing 7
60+order, and if not, the reasons why the drug has not been added. 8
5661
57-13–3106.
62+Article – Health – General 9
5863
59- (a) A licensed health care provider with prescribing authority may prescribe and
60-dispense an opioid overdose reversal drug approved by the federal Food and Drug
61-Administration to an individual who:
64+13–3101. 10
6265
63- (1) Is believed by the licensed health care provider to be at risk of
64-experiencing an opioid overdose; or
66+ (a) In this subtitle the following words have the meanings indicated. 11
6567
66- (2) Is in a position to assist an individual at risk of experiencing an opioid
67-overdose.
68+ (e) “Standing order” means a written instruction for the prescribing and 12
69+dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 13
70+Administration in accordance with § 13–3106 of this subtitle. 14
6871
69- (b) (1) A licensed health care provider with prescribing authority may
70-prescribe and dispense opioid overdose reversal drugs approved by the federal Food and
71-Drug Administration by issuing a standing order if the licensed health care provider:
72+13–3106. 15
7273
73- (i) Is employed by the Department or a local health department; or
74+ (a) A licensed health care provider with prescribing authority may prescribe and 16
75+dispense an opioid overdose reversal drug approved by the federal Food and Drug 17
76+Administration to an individual who: 18
7477
75- (ii) Has a written agreement with an authorized private or public
76-entity under § 13–3104 of this subtitle.
78+ (1) Is believed by the licensed health care provider to be at risk of 19
79+experiencing an opioid overdose; or 20
7780
78- (2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL
79-DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE
80-PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY
81-OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG
82-ADMINISTRATION .
81+ (2) Is in a position to assist an individual at risk of experiencing an opioid 21
82+overdose. 22
8383
84- [(2)] (3) A licensed health care provider with prescribing authority who
85-issues a standing order under paragraph (1) of this subsection may delegate the dispensing
86-of opioid overdose reversal drugs approved by the federal Food and Drug Administration to
87-an employee or a volunteer of an authorized private or public entity in accordance with a
88-written agreement under § 13–3104 of this subtitle.
84+ (b) (1) A licensed health care provider with prescribing authority may 23
85+prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 24
86+Drug Administration by issuing a standing order if the licensed health care provider: 25
8987
90- [(3)] (4) Any licensed health care provider who has dispensing authority
91-also may dispense an opioid overdose reversal drug approved by the federal Food and Drug
92-Administration to any individual in accordance with a standing order issued by a licensed
93-health care provider with prescribing authority in accordance with this subsection.
94- WES MOORE, Governor Ch. 849
88+ (i) Is employed by the Department or a local health department; or 26
9589
96-– 3 –
97- (c) A pharmacist may dispense opioid overdose reversal drugs approved by the
98-federal Food and Drug Administration in accordance with a therapy management contract
99-under Title 12, Subtitle 6A of the Health Occupations Article.
90+ (ii) Has a written agreement with an authorized private or public 27
91+entity under § 13–3104 of this subtitle. 28
10092
101- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
102-October 1, 2024.
93+ (2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL 29
94+DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE 30
95+PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY 31
96+OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG 32
97+ADMINISTRATION . 33 SENATE BILL 408 3
10398
104-Approved by the Governor, May 16 , 2024.
99+
100+
101+ [(2)] (3) A licensed health care provider with prescribing authority who 1
102+issues a standing order under paragraph (1) of this subsection may delegate the dispensing 2
103+of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 3
104+an employee or a volunteer of an authorized private or public entity in accordance with a 4
105+written agreement under § 13–3104 of this subtitle. 5
106+
107+ [(3)] (4) Any licensed health care provider who has dispensing authority 6
108+also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 7
109+Administration to any individual in accordance with a standing order issued by a licensed 8
110+health care provider with prescribing authority in accordance with this subsection. 9
111+
112+ (c) A pharmacist may dispense opioid overdose reversal drugs approved by the 10
113+federal Food and Drug Administration in accordance with a therapy management contract 11
114+under Title 12, Subtitle 6A of the Health Occupations Article. 12
115+
116+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
117+October 1, 2024. 14
118+
119+
120+
121+Approved:
122+________________________________________________________________________________
123+ Governor.
124+________________________________________________________________________________
125+ President of the Senate.
126+________________________________________________________________________________
127+ Speaker of the House of Delegates.