EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 751
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By: Senator Klausmeier
Introduced and read first time: February 1, 2024
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Public Health – Opioid Restitution Advisory Council and Fund – Revisions 2
FOR the purpose of requiring the Secretary of Health to present decisions for the allocations 3
of money from the Opioid Restitution Fund to the Opioid Restitution Fund Advisory 4
Council; requiring the Maryland Department of Health to post on the Department’s 5
website certain information regarding allocations of money from the Fund; requiring 6
at least a certain amount of the Fund to be used for a certain purpose each year; 7
establishing reporting requirements on political subdivisions and the Secretary of 8
Health regarding expenditures of money received from the Fund by political 9
subdivisions; and generally relating to the Opioid Restitution Fund. 10
BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 7.5–901(a) and (b) 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 7.5–903(a)(6), 7.5–904(b), and 7.5–905 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20
BY repealing and reenacting, without amendments, 21
Article – State Finance and Procurement 22
Section 7–331(a) 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – State Finance and Procurement 27 2 SENATE BILL 751
Section 7–331(f) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2023 Supplement) 3
BY adding to 4
Article – State Finance and Procurement 5
Section 7–331(k) and (l) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Health – General 11
7.5–901. 12
(a) In this subtitle the following words have the meanings indicated. 13
(b) “Council” means the Opioid Restitution Fund Advisory Council. 14
7.5–903. 15
(a) The Council consists of the following members: 16
(6) The [Executive Director of the Opioid Operational Command Center, or 17
the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR 18
THE SPECIAL SECRETARY’S DESIGNEE; 19
7.5–904. 20
(b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF 21
OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions 22
of the Council. 23
7.5–905. 24
(A) On or before November 1 each year, the Council shall provide specific findings 25
and recommendations in writing to the Governor and the Secretary regarding the 26
allocations of money from the Fund for expenditures consistent with uses of the Fund and 27
considering the following criteria: 28
(1) The number of people per capita with a substance use disorder in a 29
jurisdiction; 30
(2) Disparities in access to care in a jurisdiction that may preclude persons; 31 SENATE BILL 751 3
(3) The number of overdose deaths per capita in a jurisdiction; 1
(4) The programs, services, supports, or other resources currently available 2
to individuals with substance use disorders in a jurisdiction; and 3
(5) Disparities in access to care and health outcomes in a jurisdiction. 4
(B) (1) WITHIN 2 MONTHS AFTER RECEIVI NG THE FINDINGS AND 5
RECOMMENDATIONS SUBM ITTED UNDER SUBSECTI ON (A) OF THIS SECTION , THE 6
SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE 7
ALLOCATIONS OF MONEY FROM THE FUND. 8
(2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS TH E 9
DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAPH (1) OF THIS 10
SUBSECTION, THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE THE 11
FINDINGS AND RECOMME NDATIONS OF THE COUNCIL AND THE DECIS IONS FOR THE 12
ALLOCATIONS OF MONEY FROM THE FUND. 13
Article – State Finance and Procurement 14
7–331. 15
(a) In this section, “Fund” means the Opioid Restitution Fund. 16
(f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 17
Fund may be used only to provide funds for: 18
[(1)] (I) programs, services, supports, and resources for evidence–based 19
substance use disorder prevention, treatment, recovery, or harm reduction that have the 20
purpose of: 21
[(i)] 1. improving access to medications proven to prevent or 22
reverse an overdose; 23
[(ii)] 2. supporting peer support specialists and screening, brief 24
intervention, and referral to treatment services for hospitals, correctional facilities, and 25
other high–risk populations; 26
[(iii)] 3. increasing access to medications that support recovery 27
from substance use disorders; 28
[(iv)] 4. expanding the Heroin Coordinator Program, including for 29
administrative expenses; 30
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[(v)] 5. expanding access to crisis beds and residential treatment 1
services for adults and minors; 2
[(vi)] 6. expanding and establishing safe stations, mobile crisis 3
response systems, and crisis stabilization centers; 4
[(vii)] 7. supporting the behavioral health crisis hotline; 5
[(viii)] 8. organizing primary and secondary school education 6
campaigns to prevent opioid use, including for administrative expenses; 7
[(ix)] 9. enforcing the laws regarding opioid prescriptions and 8
sales, including for administrative expenses; 9
[(x)] 10. research regarding and training for substance use 10
treatment and overdose prevention, including for administrative expenses; and 11
[(xi)] 11. supporting and expanding other evidence –based 12
interventions for overdose prevention and substance use treatment; 13
(II) SUPPORTING COMMUNITY –BASED RECOVERY ORGAN IZATIONS 14
IN THE STATE; 15
[(2)] (III) evidence–informed substance use disorder prevention, treatment 16
recovery, or harm reduction pilot programs or demonstration studies that are not 17
evidence–based if the Opioid Restitution Fund Advisory Council, established under § 18
7.5–902 of the Health – General Article: 19
[(i)] 1. determines that emerging evidence supports the 20
distribution of money for the pilot program or that there is a reasonable basis for funding 21
the demonstration study with the expectation of creating an evidence–based program; and 22
[(ii)] 2. approves the use of money for the pilot program or 23
demonstration study; and 24
[(3)] (IV) evaluations of the effectiveness and outcomes reporting for 25
substance use disorder abatement infrastructure, programs, services, supports, and 26
resources for which money from the Fund was used, including evaluations of the impact on 27
access to harm reduction services or treatment for substance use disorders and the 28
reduction in drug–related mortality. 29
(2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND 30
SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN 31
THE STATE. 32
SENATE BILL 751 5
(K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL 1
SUBDIVISION THAT REC EIVES MONEY EXPENDED FROM THE FUND SHALL: 2
(1) REPORT TO THE SECRETARY: 3
(I) THE AMOUNT OF MONEY RECEIVED FROM THE FUND THAT 4
WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY 5
PRECEDING FISCAL YEA R; AND 6
(II) A DESCRIPTION OF HOW THE MONEY WAS EXPEND ED; AND 7
(2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDE R ITEM 8
(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE. 9
(L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 10
SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS 11
SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE 12
STATE GOVERNMENT ARTICLE. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2024. 15