WES MOORE, Governor Ch. 849
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Chapter 849
(Senate Bill 408)
AN ACT concerning
Public Health – Maryland Department of Health – Reports on Standing Orders
and Opioid Overdose Reversal Drugs – Standing Orders
FOR the purpose of requiring a licensed health care provider, when issuing a standing order
for an opioid reversal drug, to allow an individual to choose any formulation of any
opioid reversal drug approved by the federal Food and Drug Administration;
requiring the Maryland Department of Health, on or before certain dates, to report
to certain committees of the General Assembly on opioid overdose reversal drugs and
standing orders; and generally relating to reports on standing orders for and opioid
overdose reversal drugs.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 13–3101(a) and (e)
Annotated Code of Maryland
(2023 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 13–3106
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows: on or before December 1, 2024, December 1,
2025, and December 1, 2026, the Maryland Department of Health shall report to the Senate
Finance Committee and the House Health and Government Operations Committee, in
accordance with § 2–1257 of the State Government Article, on:
(1) current opioid overdose reversal drugs approved by the federal Food
and Drug Administration; and
(2) for any current opioid overdose reversal drug approved by the federal
Food and Drug Administration, whether the Department has added the drug to a standing
order, and if not, the reasons why the drug has not been added.
Article – Health – General
13–3101.
(a) In this subtitle the following words have the meanings indicated. Ch. 849 2024 LAWS OF MARYLAND
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(e) “Standing order” means a written instruction for the prescribing and
dispensing of an opioid overdose reversal drug approved by the federal Food and Drug
Administration in accordance with § 13–3106 of this subtitle.
13–3106.
(a) A licensed health care provider with prescribing authority may prescribe and
dispense an opioid overdose reversal drug approved by the federal Food and Drug
Administration to an individual who:
(1) Is believed by the licensed health care provider to be at risk of
experiencing an opioid overdose; or
(2) Is in a position to assist an individual at risk of experiencing an opioid
overdose.
(b) (1) A licensed health care provider with prescribing authority may
prescribe and dispense opioid overdose reversal drugs approved by the federal Food and
Drug Administration by issuing a standing order if the licensed health care provider:
(i) Is employed by the Department or a local health department; or
(ii) Has a written agreement with an authorized private or public
entity under § 13–3104 of this subtitle.
(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID REVERSAL
DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH CA RE
PROVIDER SHALL ALLOW THE INDIVIDUAL TO CH OOSE ANY FORMULATION OF ANY
OPIOID REVERSAL DRUG APPROVED BY THE FEDE RAL FOOD AND DRUG
ADMINISTRATION .
[(2)] (3) A licensed health care provider with prescribing authority who
issues a standing order under paragraph (1) of this subsection may delegate the dispensing
of opioid overdose reversal drugs approved by the federal Food and Drug Administration to
an employee or a volunteer of an authorized private or public entity in accordance with a
written agreement under § 13–3104 of this subtitle.
[(3)] (4) Any licensed health care provider who has dispensing authority
also may dispense an opioid overdose reversal drug approved by the federal Food and Drug
Administration to any individual in accordance with a standing order issued by a licensed
health care provider with prescribing authority in accordance with this subsection.
WES MOORE, Governor Ch. 849
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(c) A pharmacist may dispense opioid overdose reversal drugs approved by the
federal Food and Drug Administration in accordance with a therapy management contract
under Title 12, Subtitle 6A of the Health Occupations Article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 16 , 2024.