MD
Maryland Senate Bill SB751

Maryland 2024 Regular Session

Maryland Senate Bill SB751 Compare Versions

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1- WES MOORE, Governor Ch. 851
21
3-– 1 –
4-Chapter 851
5-(Senate Bill 751)
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+ *sb0751*
89
9-Public Health – Opioid Restitution Advisory Council and Fund – Revisions
10+SENATE BILL 751
11+J1 4lr3155
12+ CF HB 980
13+By: Senator Klausmeier
14+Introduced and read first time: February 1, 2024
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 2, 2024
1019
11-FOR the purpose of requiring the Secretary of Health to present decisions for the allocations
12-of money from the Opioid Restitution Fund to the Opioid Restitution Fund Advisory
13-Council; requiring the Maryland Department of Health to post on the Department’s
14-website certain information regarding allocations of money from the Fund; requiring
15-at least a certain amount of the Fund to be used for a certain purpose each year;
16-establishing reporting requirements on political subdivisions and the Secretary of
17-Health regarding expenditures of money received from the Fund by political
18-subdivisions; and generally relating to the Opioid Restitution Fund.
20+CHAPTER ______
1921
20-BY repealing and reenacting, without amendments,
21- Article – Health – General
22-Section 7.5–901(a) and (b)
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 7.5–903(a)(6), 7.5–904(b), and 7.5–905
29- Annotated Code of Maryland
30- (2023 Replacement Volume)
24+Public Health – Opioid Restitution Advisory Council and Fund – Revisions 2
3125
32-BY repealing and reenacting, without amendments,
33- Article – State Finance and Procurement
34-Section 7–331(a)
35- Annotated Code of Maryland
36- (2021 Replacement Volume and 2023 Supplement)
26+FOR the purpose of requiring the Secretary of Health to present decisions for the allocations 3
27+of money from the Opioid Restitution Fund to the Opioid Restitution Fund Advisory 4
28+Council; requiring the Maryland Department of Health to post on the Department’s 5
29+website certain information regarding allocations of money from the Fund; requiring 6
30+at least a certain amount of the Fund to be used for a certain purpose each year; 7
31+establishing reporting requirements on political subdivisions and the Secretary of 8
32+Health regarding expenditures of money received from the Fund by political 9
33+subdivisions; and generally relating to the Opioid Restitution Fund. 10
3734
38-BY repealing and reenacting, with amendments,
39- Article – State Finance and Procurement
40-Section 7–331(f)
41- Annotated Code of Maryland
42- (2021 Replacement Volume and 2023 Supplement)
35+BY repealing and reenacting, without amendments, 11
36+ Article – Health – General 12
37+Section 7.5–901(a) and (b) 13
38+ Annotated Code of Maryland 14
39+ (2023 Replacement Volume) 15
4340
44-BY adding to
45- Article – State Finance and Procurement
46-Section 7–331(k) and (l)
47- Annotated Code of Maryland
48- (2021 Replacement Volume and 2023 Supplement)
49- Ch. 851 2024 LAWS OF MARYLAND
41+BY repealing and reenacting, with amendments, 16
42+ Article – Health – General 17
43+Section 7.5–903(a)(6), 7.5–904(b), and 7.5–905 18
44+ Annotated Code of Maryland 19
45+ (2023 Replacement Volume) 20
5046
51-– 2 –
52- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
53-That the Laws of Maryland read as follows:
47+BY repealing and reenacting, without amendments, 21
48+ Article – State Finance and Procurement 22 2 SENATE BILL 751
5449
55-Article – Health – General
5650
57-7.5–901.
51+Section 7–331(a) 1
52+ Annotated Code of Maryland 2
53+ (2021 Replacement Volume and 2023 Supplement) 3
5854
59- (a) In this subtitle the following words have the meanings indicated.
55+BY repealing and reenacting, with amendments, 4
56+ Article – State Finance and Procurement 5
57+Section 7–331(f) 6
58+ Annotated Code of Maryland 7
59+ (2021 Replacement Volume and 2023 Supplement) 8
6060
61- (b) “Council” means the Opioid Restitution Fund Advisory Council.
61+BY adding to 9
62+ Article – State Finance and Procurement 10
63+Section 7–331(k) and (l) 11
64+ Annotated Code of Maryland 12
65+ (2021 Replacement Volume and 2023 Supplement) 13
6266
63-7.5–903.
67+ SECTION 1. BE IT ENACT ED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
68+That the Laws of Maryland read as follows: 15
6469
65- (a) The Council consists of the following members:
70+Article – Health – General 16
6671
67- (6) The [Executive Director of the Opioid Operational Command Center, or
68-the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR
69-THE SPECIAL SECRETARY’S DESIGNEE;
72+7.5–901. 17
7073
71-7.5–904.
74+ (a) In this subtitle the following words have the meanings indicated. 18
7275
73- (b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF
74-OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions
75-of the Council.
76+ (b) “Council” means the Opioid Restitution Fund Advisory Council. 19
7677
77-7.5–905.
78+7.5–903. 20
7879
79- (A) On or before November 1 each year, the Council shall provide specific findings
80-and recommendations in writing to the Governor and the Secretary regarding the
81-allocations of money from the Fund for expenditures consistent with uses of the Fund and
82-considering the following criteria:
80+ (a) The Council consists of the following members: 21
8381
84- (1) The number of people per capita with a substance use disorder in a
85-jurisdiction;
82+ (6) The [Executive Director of the Opioid Operational Command Center, or 22
83+the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR 23
84+THE SPECIAL SECRETARY’S DESIGNEE; 24
8685
87- (2) Disparities in access to care in a jurisdiction that may preclude persons;
86+7.5–904. 25
8887
89- (3) The number of overdose deaths per capita in a jurisdiction;
88+ (b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF 26
89+OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions 27
90+of the Council. 28
9091
91- (4) The programs, services, supports, or other resources currently available
92-to individuals with substance use disorders in a jurisdiction; and
92+7.5–905. 29
9393
94- (5) Disparities in access to care and health outcomes in a jurisdiction.
95- WES MOORE, Governor Ch. 851
94+ (A) On or before November 1 each year, the Council shall provide specific findings 30
95+and recommendations in writing to the Governor and the Secretary regarding the 31 SENATE BILL 751 3
9696
97-– 3 –
98- (B) (1) WITHIN 2 6 MONTHS AFTER RECEIVI NG THE FINDINGS AND
99-RECOMMENDATIONS SUBM ITTED UNDER SUBSECTI ON (A) OF THIS SECTION , THE
100-SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE
101-ALLOCATIONS OF MONEY FROM THE FUND.
10297
103- (2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS THE
104-DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAPH (1) OF THIS
105-SUBSECTION, THE THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE
106-THE FINDINGS AND REC OMMENDATIONS OF THE COUNCIL AND THE DECIS IONS FOR
107-THE ALLOCATIONS OF M ONEY FROM THE FUND.
98+allocations of money from the Fund for expenditures consistent with uses of the Fund and 1
99+considering the following criteria: 2
108100
109-Article – State Finance and Procurement
101+ (1) The number of people per capita with a substance use disorder in a 3
102+jurisdiction; 4
110103
111-7–331.
104+ (2) Disparities in access to care in a jurisdiction that may preclude persons; 5
112105
113- (a) In this section, “Fund” means the Opioid Restitution Fund.
106+ (3) The number of overdose deaths per capita in a jurisdiction; 6
114107
115- (f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
116-Fund may be used only to provide funds for:
108+ (4) The programs, services, supports, or other resources currently available 7
109+to individuals with substance use disorders in a jurisdiction; and 8
117110
118- [(1)] (I) programs, services, supports, and resources for evidence–based
119-substance use disorder prevention, treatment, recovery, or harm reduction that have the
120-purpose of:
111+ (5) Disparities in access to care and health outcomes in a jurisdiction. 9
121112
122- [(i)] 1. improving access to medications proven to prevent or
123-reverse an overdose;
113+ (B) (1) WITHIN 2 6 MONTHS AFTER RECEIVI NG THE FINDINGS AND 10
114+RECOMMENDATIONS SUBMITTED UNDER SUBS ECTION (A) OF THIS SECTION , THE 11
115+SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE 12
116+ALLOCATIONS OF MONEY FROM THE FUND. 13
124117
125- [(ii)] 2. supporting peer support specialists and screening, brief
126-intervention, and referral to treatment services for hospitals, correctional facilities, and
127-other high–risk populations;
118+ (2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS TH E 14
119+DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAP H (1) OF THIS 15
120+SUBSECTION, THE THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE 16
121+THE FINDINGS AND REC OMMENDATIONS OF THE COUNCIL AND THE DECIS IONS FOR 17
122+THE ALLOCATIONS OF M ONEY FROM THE FUND. 18
128123
129- [(iii)] 3. increasing access to medications that support recovery
130-from substance use disorders;
124+Article – State Finance and Procurement 19
131125
132- [(iv)] 4. expanding the Heroin Coordinator Program, including for
133-administrative expenses;
126+7–331. 20
134127
135- [(v)] 5. expanding access to crisis beds and residential treatment
136-services for adults and minors;
128+ (a) In this section, “Fund” means the Opioid Restitution Fund. 21
137129
138- [(vi)] 6. expanding and establishing safe stations, mobile crisis
139-response systems, and crisis stabilization centers;
130+ (f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
131+Fund may be used only to provide funds for: 23
140132
141- [(vii)] 7. supporting the behavioral health crisis hotline;
142- Ch. 851 2024 LAWS OF MARYLAND
133+ [(1)] (I) programs, services, supports, and resources for evidence–based 24
134+substance use disorder prevention, treatment, recovery, or harm reduction that have the 25
135+purpose of: 26
143136
144-– 4 –
145- [(viii)] 8. organizing primary and secondary school education
146-campaigns to prevent opioid use, including for administrative expenses;
137+ [(i)] 1. improving access to medications proven to prevent or 27
138+reverse an overdose; 28
147139
148- [(ix)] 9. enforcing the laws regarding opioid prescriptions and
149-sales, including for administrative expenses;
140+ [(ii)] 2. supporting peer support specialists and screening, brief 29
141+intervention, and referral to treatment services for hospitals, correctional facilities, and 30
142+other high–risk populations; 31
143+ 4 SENATE BILL 751
150144
151- [(x)] 10. research regarding and training for substance use
152-treatment and overdose prevention, including for administrative expenses; and
153145
154- [(xi)] 11. supporting and expanding other evidence –based
155-interventions for overdose prevention and substance use treatment;
146+ [(iii)] 3. increasing access to medications that support recovery 1
147+from substance use disorders; 2
156148
157- (II) (2) SUPPORTING COMMUNITY –BASED NONPROFIT
158-RECOVERY ORGANIZATIO NS THAT PROVIDE NONCLINICAL SUBSTANC E USE
159-RECOVERY SUPPORT SER VICES IN THE STATE;
149+ [(iv)] 4. expanding the Heroin Coordinator Program, including for 3
150+administrative expenses; 4
160151
161- [(2)] (III) (3) evidence–informed substance use disorder prevention,
162-treatment recovery, or harm reduction pilot programs or demonstration studies that are
163-not evidence–based if the Opioid Restitution Fund Advisory Council, established under §
164-7.5–902 of the Health – General Article:
152+ [(v)] 5. expanding access to crisis beds and residential treatment 5
153+services for adults and minors; 6
165154
166- [(i)] 1. determines that emerging evidence supports the
167-distribution of money for the pilot program or that there is a reasonable basis for funding
168-the demonstration study with the expectation of creating an evidence–based program; and
155+ [(vi)] 6. expanding and establishing safe stations, mobile crisis 7
156+response systems, and crisis stabilization centers; 8
169157
170- [(ii)] 2. approves the use of money for the pilot program or
171-demonstration study; and
158+ [(vii)] 7. supporting the behavioral health crisis hotline; 9
172159
173- [(3)] (IV) (4) evaluations of the effectiveness and outcomes reporting for
174-substance use disorder abatement infrastructure, programs, services, supports, and
175-resources for which money from the Fund was used, including evaluations of the impact on
176-access to harm reduction services or treatment for substance use disorders and the
177-reduction in drug–related mortality.
160+ [(viii)] 8. organizing primary and secondary school education 10
161+campaigns to prevent opioid use, including for administrative expenses; 11
178162
179- (2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND
180-SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN
181-THE STATE.
163+ [(ix)] 9. enforcing the laws regarding opioid prescriptions and 12
164+sales, including for administrative expenses; 13
182165
183- (K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL
184-SUBDIVISION THAT REC EIVES MONEY EXPENDED FROM THE FUND SHALL:
166+ [(x)] 10. research regarding and training for substance use 14
167+treatment and overdose prevention, including for administrative expenses; and 15
185168
186- (1) REPORT TO THE SECRETARY:
187- WES MOORE, Governor Ch. 851
169+ [(xi)] 11. supporting and e xpanding other evidence–based 16
170+interventions for overdose prevention and substance use treatment; 17
188171
189-– 5 –
190- (I) THE AMOUNT OF MONEY RECEIVED FROM THE FUND THAT
191-WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY
192-PRECEDING FISCAL YEA R; AND
172+ (II) (2) SUPPORTING COMMUNITY –BASED NONPROFIT 18
173+RECOVERY ORGANIZATIO NS THAT PROVIDE NONCLIN ICAL SUBSTANCE USE 19
174+RECOVERY SUPPORT SER VICES IN THE STATE; 20
193175
194- (II) A DESCRIPTION OF HOW THE MONEY WAS EXPENDED ; AND
176+ [(2)] (III) (3) evidence–informed substance use disorder prevention, 21
177+treatment recovery, or harm reduction pilot programs or demonstration studies that are 22
178+not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 23
179+7.5–902 of the Health – General Article: 24
195180
196- (2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDER ITEM
197-(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE.
181+ [(i)] 1. determines that emerging evidence supports the 25
182+distribution of money for the pilot program or that there is a reasonable basis for funding 26
183+the demonstration study with the expectation of creating an evidence–based program; and 27
198184
199- (L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL
200-SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS
201-SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE
202-STATE GOVERNMENT ARTICLE.
185+ [(ii)] 2. approves the use of money for the pilot program or 28
186+demonstration study; and 29
203187
204- SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1,
205-2024, the Maryland Department of Health shall examine and report to the Senate Finance
206-Committee and the House Health and Government Operations Committee, in accordance
207-with § 2–1257 of the State Government Article, on the best process for making all of the
208-expenditures of all opioid settlement agreements entered into by the State, counties, and
209-municipal governments accessible to the public.
188+ [(3)] (IV) (4) evaluations of the effectiveness and outcomes reporting for 30
189+substance use disorder abatement infrastructure, programs, services, supports, and 31
190+resources for which money from the Fund was used, including evaluations of the impact on 32 SENATE BILL 751 5
210191
211- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
212-October 1, 2024.
213192
214-Approved by the Governor, May 16, 2024.
193+access to harm reduction services or treatment for substance use disorders and the 1
194+reduction in drug–related mortality. 2
195+
196+ (2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND 3
197+SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN 4
198+THE STATE. 5
199+
200+ (K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL 6
201+SUBDIVISION THAT REC EIVES MONEY EXPENDED FROM THE FUND SHALL: 7
202+
203+ (1) REPORT TO THE SECRETARY: 8
204+
205+ (I) THE AMOUNT OF MONEY RECEIVED FROM THE FUND THAT 9
206+WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY 10
207+PRECEDING FISCAL YEA R; AND 11
208+
209+ (II) A DESCRIPTION OF HOW THE MONEY WAS EXPEND ED; AND 12
210+
211+ (2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDER ITEM 13
212+(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE. 14
213+
214+ (L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 15
215+SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS 16
216+SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE 17
217+STATE GOVERNMENT ARTICLE. 18
218+
219+ SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 19
220+2024, the Maryland Department of Health shall examine and report to the Senate Finance 20
221+Committee and the House Health and Government Operations Committee, in accordance 21
222+with § 2–1257 of the State Government Article, on the best process for making all of the 22
223+expenditures of all opioid settlement agreements entered into by the State, counties, and 23
224+municipal governments accessible to the public. 24
225+
226+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
227+October 1, 2024. 26