1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb0572* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 572 |
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8 | 8 | | J1 5lr2656 |
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9 | 9 | | HB 411/24 – HGO CF 5lr3219 |
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10 | 10 | | By: Delegate Kipke |
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11 | 11 | | Introduced and read first time: January 23, 2025 |
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12 | 12 | | Assigned to: Health and Government Operations |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Public Health – Opioid Overdose Reversal Drugs 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of requiring a licensed health care provider, when issuing a standing order 3 |
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21 | 21 | | for an opioid overdose reversal drug, to allow an individual to choose any formulation 4 |
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22 | 22 | | of any opioid overdose reversal drug approved by the federal Food and Drug 5 |
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23 | 23 | | Administration; prohibiting certain private and public entities that prescribe and 6 |
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24 | 24 | | dispense opioid overdose reversal drugs from being required to keep in stock or 7 |
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25 | 25 | | dispense all opioid overdose reversal drugs approved by the federal Food and Drug 8 |
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26 | 26 | | Administration; and generally relating to opioid overdose reversal drugs. 9 |
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27 | 27 | | |
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28 | 28 | | BY repealing and reenacting, without amendments, 10 |
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29 | 29 | | Article – Health – General 11 |
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30 | 30 | | Section 13–3101(a), (c), and (e) and 13–3104 12 |
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31 | 31 | | Annotated Code of Maryland 13 |
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32 | 32 | | (2023 Replacement Volume and 2024 Supplement) 14 |
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33 | 33 | | |
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34 | 34 | | BY repealing and reenacting, with amendments, 15 |
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35 | 35 | | Article – Health – General 16 |
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36 | 36 | | Section 13–3106 17 |
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37 | 37 | | Annotated Code of Maryland 18 |
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38 | 38 | | (2023 Replacement Volume and 2024 Supplement) 19 |
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39 | 39 | | |
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40 | 40 | | BY adding to 20 |
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41 | 41 | | Article – Health – General 21 |
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42 | 42 | | Section 13–3110 22 |
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43 | 43 | | Annotated Code of Maryland 23 |
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44 | 44 | | (2023 Replacement Volume and 2024 Supplement) 24 |
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45 | 45 | | |
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46 | 46 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 |
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47 | 47 | | That the Laws of Maryland read as follows: 26 |
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48 | 48 | | 2 HOUSE BILL 572 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | Article – Health – General 1 |
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52 | 52 | | |
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53 | 53 | | 13–3101. 2 |
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54 | 54 | | |
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55 | 55 | | (a) In this subtitle the following words have the meanings indicated. 3 |
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56 | 56 | | |
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57 | 57 | | (c) “Private or public entity” means a health care provider, local health 4 |
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58 | 58 | | department, community–based organization, substance abuse treatment organization, or 5 |
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59 | 59 | | other person that addresses medical or social issues related to drug addiction. 6 |
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60 | 60 | | |
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61 | 61 | | (e) “Standing order” means a written instruction for the prescribing and 7 |
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62 | 62 | | dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 8 |
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63 | 63 | | Administration in accordance with § 13–3106 of this subtitle. 9 |
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64 | 64 | | |
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65 | 65 | | 13–3104. 10 |
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66 | 66 | | |
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67 | 67 | | An authorized private or public entity shall enter into a written agreement with a 11 |
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68 | 68 | | licensed health care provider with prescribing authority to establish protocols for the 12 |
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69 | 69 | | prescribing and dispensing of an opioid overdose reversal drug approved by the federal Food 13 |
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70 | 70 | | and Drug Administration to any individual in accordance with this subtitle. 14 |
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71 | 71 | | |
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72 | 72 | | 13–3106. 15 |
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73 | 73 | | |
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74 | 74 | | (a) A licensed health care provider with prescribing authority may prescribe and 16 |
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75 | 75 | | dispense an opioid overdose reversal drug approved by the federal Food and Drug 17 |
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76 | 76 | | Administration to an individual who: 18 |
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77 | 77 | | |
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78 | 78 | | (1) Is believed by the licensed health care provider to be at risk of 19 |
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79 | 79 | | experiencing an opioid overdose; or 20 |
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80 | 80 | | |
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81 | 81 | | (2) Is in a position to assist an individual at risk of experiencing an opioid 21 |
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82 | 82 | | overdose. 22 |
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83 | 83 | | |
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84 | 84 | | (b) (1) A licensed health care provider with prescribing authority may 23 |
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85 | 85 | | prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 24 |
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86 | 86 | | Drug Administration by issuing a standing order if the licensed health care provider: 25 |
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87 | 87 | | |
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88 | 88 | | (i) Is employed by the Department or a local health department; or 26 |
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89 | 89 | | |
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90 | 90 | | (ii) Has a written agreement with an authorized private or public 27 |
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91 | 91 | | entity under § 13–3104 of this subtitle. 28 |
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92 | 92 | | |
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93 | 93 | | (2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID OVERDOSE 29 |
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94 | 94 | | REVERSAL DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH 30 |
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95 | 95 | | CARE PROVIDER SHALL ALLOW THE INDIVIDUAL TO CHOOSE ANY FORMUL ATION OF 31 |
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96 | 96 | | ANY OPIOID OVERDOSE REVERSAL DRUG APPROV ED BY THE FEDERAL FOOD AND 32 |
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97 | 97 | | DRUG ADMINISTRATION . 33 HOUSE BILL 572 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | |
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101 | 101 | | [(2)] (3) A licensed health care provider with prescribing authority who 1 |
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102 | 102 | | issues a standing order under paragraph (1) of this subsection may delegate the dispensing 2 |
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103 | 103 | | of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 3 |
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104 | 104 | | an employee or a volunteer of an authorized private or public entity in accordance with a 4 |
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105 | 105 | | written agreement under § 13–3104 of this subtitle. 5 |
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106 | 106 | | |
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107 | 107 | | [(3)] (4) Any licensed health care provider who has dispensing authority 6 |
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108 | 108 | | also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 7 |
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109 | 109 | | Administration to any individual in accordance with a standing order issued by a licensed 8 |
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110 | 110 | | health care provider with prescribing authority in accordance with this subsection. 9 |
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111 | 111 | | |
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112 | 112 | | (c) A pharmacist may dispense opioid overdose reversal drugs approved by the 10 |
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113 | 113 | | federal Food and Drug Administration in accordance with a therapy management contract 11 |
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114 | 114 | | under Title 12, Subtitle 6A of the Health Occupations Article. 12 |
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115 | 115 | | |
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116 | 116 | | 13–3110. 13 |
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117 | 117 | | |
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118 | 118 | | AN AUTHORIZED PRIVATE OR PUBLIC ENTITY THAT PRESCRIBES AND 14 |
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119 | 119 | | DISPENSES OPIOID OVE RDOSE REVERSAL DRUGS MAY NOT BE REQUIRED TO KEEP 15 |
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120 | 120 | | IN STOCK OR DISPENSE ALL OPIOID OVERDOSE REVE RSAL DRUGS APPROVED BY THE 16 |
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121 | 121 | | FEDERAL FOOD AND DRUG ADMINISTRATION . 17 |
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122 | 122 | | |
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123 | 123 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 |
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124 | 124 | | October 1, 2025. 19 |
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