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.
*sb0751*
SENATE BILL 751
J1 4lr3155
CF HB 980
By: Senator Klausmeier
Introduced and read first time: February 1, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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 2 SENATE BILL 751
Section 7–331(a) 1
Annotated Code of Maryland 2
(2021 Replacement Volume and 2023 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – State Finance and Procurement 5
Section 7–331(f) 6
Annotated Code of Maryland 7
(2021 Replacement Volume and 2023 Supplement) 8
BY adding to 9
Article – State Finance and Procurement 10
Section 7–331(k) and (l) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2023 Supplement) 13
SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Health – General 16
7.5–901. 17
(a) In this subtitle the following words have the meanings indicated. 18
(b) “Council” means the Opioid Restitution Fund Advisory Council. 19
7.5–903. 20
(a) The Council consists of the following members: 21
(6) The [Executive Director of the Opioid Operational Command Center, or 22
the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR 23
THE SPECIAL SECRETARY’S DESIGNEE; 24
7.5–904. 25
(b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF 26
OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions 27
of the Council. 28
7.5–905. 29
(A) On or before November 1 each year, the Council shall provide specific findings 30
and recommendations in writing to the Governor and the Secretary regarding the 31 SENATE BILL 751 3
allocations of money from the Fund for expenditures consistent with uses of the Fund and 1
considering the following criteria: 2
(1) The number of people per capita with a substance use disorder in a 3
jurisdiction; 4
(2) Disparities in access to care in a jurisdiction that may preclude persons; 5
(3) The number of overdose deaths per capita in a jurisdiction; 6
(4) The programs, services, supports, or other resources currently available 7
to individuals with substance use disorders in a jurisdiction; and 8
(5) Disparities in access to care and health outcomes in a jurisdiction. 9
(B) (1) WITHIN 2 6 MONTHS AFTER RECEIVI NG THE FINDINGS AND 10
RECOMMENDATIONS SUBMITTED UNDER SUBS ECTION (A) OF THIS SECTION , THE 11
SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE 12
ALLOCATIONS OF MONEY FROM THE FUND. 13
(2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS TH E 14
DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAP H (1) OF THIS 15
SUBSECTION, THE THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE 16
THE FINDINGS AND REC OMMENDATIONS OF THE COUNCIL AND THE DECIS IONS FOR 17
THE ALLOCATIONS OF M ONEY FROM THE FUND. 18
Article – State Finance and Procurement 19
7–331. 20
(a) In this section, “Fund” means the Opioid Restitution Fund. 21
(f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
Fund may be used only to provide funds for: 23
[(1)] (I) programs, services, supports, and resources for evidence–based 24
substance use disorder prevention, treatment, recovery, or harm reduction that have the 25
purpose of: 26
[(i)] 1. improving access to medications proven to prevent or 27
reverse an overdose; 28
[(ii)] 2. supporting peer support specialists and screening, brief 29
intervention, and referral to treatment services for hospitals, correctional facilities, and 30
other high–risk populations; 31
4 SENATE BILL 751
[(iii)] 3. increasing access to medications that support recovery 1
from substance use disorders; 2
[(iv)] 4. expanding the Heroin Coordinator Program, including for 3
administrative expenses; 4
[(v)] 5. expanding access to crisis beds and residential treatment 5
services for adults and minors; 6
[(vi)] 6. expanding and establishing safe stations, mobile crisis 7
response systems, and crisis stabilization centers; 8
[(vii)] 7. supporting the behavioral health crisis hotline; 9
[(viii)] 8. organizing primary and secondary school education 10
campaigns to prevent opioid use, including for administrative expenses; 11
[(ix)] 9. enforcing the laws regarding opioid prescriptions and 12
sales, including for administrative expenses; 13
[(x)] 10. research regarding and training for substance use 14
treatment and overdose prevention, including for administrative expenses; and 15
[(xi)] 11. supporting and e xpanding other evidence–based 16
interventions for overdose prevention and substance use treatment; 17
(II) (2) SUPPORTING COMMUNITY –BASED NONPROFIT 18
RECOVERY ORGANIZATIO NS THAT PROVIDE NONCLIN ICAL SUBSTANCE USE 19
RECOVERY SUPPORT SER VICES IN THE STATE; 20
[(2)] (III) (3) evidence–informed substance use disorder prevention, 21
treatment recovery, or harm reduction pilot programs or demonstration studies that are 22
not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 23
7.5–902 of the Health – General Article: 24
[(i)] 1. determines that emerging evidence supports the 25
distribution of money for the pilot program or that there is a reasonable basis for funding 26
the demonstration study with the expectation of creating an evidence–based program; and 27
[(ii)] 2. approves the use of money for the pilot program or 28
demonstration study; and 29
[(3)] (IV) (4) evaluations of the effectiveness and outcomes reporting for 30
substance use disorder abatement infrastructure, programs, services, supports, and 31
resources for which money from the Fund was used, including evaluations of the impact on 32 SENATE BILL 751 5
access to harm reduction services or treatment for substance use disorders and the 1
reduction in drug–related mortality. 2
(2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND 3
SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN 4
THE STATE. 5
(K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL 6
SUBDIVISION THAT REC EIVES MONEY EXPENDED FROM THE FUND SHALL: 7
(1) REPORT TO THE SECRETARY: 8
(I) THE AMOUNT OF MONEY RECEIVED FROM THE FUND THAT 9
WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY 10
PRECEDING FISCAL YEA R; AND 11
(II) A DESCRIPTION OF HOW THE MONEY WAS EXPEND ED; AND 12
(2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDER ITEM 13
(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE. 14
(L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 15
SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS 16
SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE 17
STATE GOVERNMENT ARTICLE. 18
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 19
2024, the Maryland Department of Health shall examine and report to the Senate Finance 20
Committee and the House Health and Government Operations Committee, in accordance 21
with § 2–1257 of the State Government Article, on the best process for making all of the 22
expenditures of all opioid settlement agreements entered into by the State, counties, and 23
municipal governments accessible to the public. 24
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26