MD
Maryland House Bill HB845

Maryland 2025 Regular Session

Maryland House Bill HB845 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0845*
66
77 HOUSE BILL 845
88 J1 5lr0833
99 HB 1096/24 – HGO CF SB 83
1010 By: Delegates Pena–Melnyk, Bagnall, Charkoudian , Ebersole, Embry, Fair,
1111 Fennell, Harris, Hill, Kaiser, Kaufman, R. Lewis, Lopez, Martinez,
1212 Palakovich Carr, Queen, Rosenberg, Spiegel, Stein, Taveras, Woods,
1313 Woorman, and Young
1414 Introduced and read first time: January 30, 2025
1515 Assigned to: Health and Government Operations
1616
1717 A BILL ENTITLED
1818
1919 AN ACT concerning 1
2020
2121 Public Health – Overdose and Infectious Disease Prevention Services Program 2
2222
2323 FOR the purpose of authorizing a community–based organization, with the approval of the 3
2424 Maryland Department of Health, to establish an Overdose and Infectious Disease 4
2525 Prevention Services Program; authorizing a Program to bill the insurance carrier of 5
2626 an individual who uses the services of the Program for the cost of covered services, 6
2727 accept donations, grants, and other financial assistance, apply for certain grants, 7
2828 coordinate with certain programs or organizations, and use mobile facilities; 8
2929 prohibiting the location of a Program in certain areas; prohibiting certain persons, 9
3030 under certain circumstances, from being subject to arrest, prosecution, or certain 10
3131 penalties or from being denied any right or privilege for involvement in the operation 11
3232 or use of services of a Program; and generally relating to an Overdose and Infectious 12
3333 Disease Prevention Services Program. 13
3434
3535 BY adding to 14
3636 Article – Health – General 15
3737 Section 24–2501 through 24–2506 to be under the new subtitle “Subtitle 25. 16
3838 Overdose and Infectious Disease Prevention Services Program” 17
3939 Annotated Code of Maryland 18
4040 (2023 Replacement Volume and 2024 Supplement) 19
4141
4242 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
4343 That the Laws of Maryland read as follows: 21
4444
4545 Article – Health – General 22
4646
4747 SUBTITLE 25. OVERDOSE AND INFECTIOUS DISEASE PREVENTION SERVICES 23 2 HOUSE BILL 845
4848
4949
5050 PROGRAM. 1
5151
5252 24–2501. 2
5353
5454 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
5555 INDICATED. 4
5656
5757 (B) (1) “COMMUNITY–BASED ORGANIZATION ” MEANS A PUBLIC OR 5
5858 PRIVATE ORGANIZATION THAT: 6
5959
6060 (I) IS REPRESENTATIVE OF A COMMUNITY OR SIGNI FICANT 7
6161 SEGMENTS OF A COMMUN ITY; AND 8
6262
6363 (II) PROVIDES EDUCATIONAL , HEALTH, OR SOCIAL SERVICE S 9
6464 TO INDIVIDUALS IN TH E COMMUNITY . 10
6565
6666 (2) “COMMUNITY–BASED ORGANIZATION ” INCLUDES: 11
6767
6868 (I) A HOSPITAL; 12
6969
7070 (II) A CLINIC; 13
7171
7272 (III) A SUBSTANCE USE DISORD ER TREATMENT CENTER ; 14
7373
7474 (IV) A MEDICAL OFFICE ; 15
7575
7676 (V) A FEDERALLY QUALIFIED HEALTH CENTER ; 16
7777
7878 (VI) A MENTAL HEALTH FACILI TY; 17
7979
8080 (VII) A LOCAL HEALTH DEPARTM ENT; AND 18
8181
8282 (VIII) A FAITH–BASED ORGANIZATION . 19
8383
8484 (C) “PROGRAM” MEANS AN OVERDOSE AND INFECTIOUS DISEASE 20
8585 PREVENTION SERVICES PROGRAM. 21
8686
8787 24–2502. 22
8888
8989 (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , A COMMUNITY–BASED 23
9090 ORGANIZATION MAY EST ABLISH AN OVERDOSE AND INFECTIOUS DISEASE 24
9191 PREVENTION SERVICES PROGRAM WITH THE APPR OVAL OF THE DEPARTMENT , IN 25
9292 CONSULTATION WITH TH E LOCAL HEALTH DEPAR TMENT. 26
9393 HOUSE BILL 845 3
9494
9595
9696 (B) (1) THE DEPARTMENT MAY APPROV E NOT MORE THAN SIX 1
9797 PROGRAMS, WITH EACH PROGRAM OPERATING AT A SINGLE LOCATION IN AN AREA 2
9898 WITH A HIGH INCIDENC E OF DRUG USE. 3
9999
100100 (2) TO THE EXTENT PRACTIC ABLE, THE PROGRAMS APPROVED BY 4
101101 THE DEPARTMENT UNDER PARA GRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 5
102102
103103 (I) TWO PROGRAMS LOCATED IN U RBAN AREAS OF THE STATE; 6
104104
105105 (II) TWO PROGRAMS LOCATED IN S UBURBAN AREAS OF THE 7
106106 STATE; AND 8
107107
108108 (III) TWO PROGRAMS LOCATED IN R URAL AREAS OF THE STATE. 9
109109
110110 (C) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 10
111111 DEPARTMENT , SHALL MAKE ITS DETERMINATIO N OF WHETHER TO APPR OVE AN 11
112112 APPLICATION SUBMITTE D UNDER THIS SECTION BASED ON THE ABILITY OF THE 12
113113 COMMUNITY –BASED ORGANIZATION T O SATISFY THE REQUIR EMENTS OF § 24–2503 13
114114 OF THIS SUBTITLE. 14
115115
116116 (D) THE DEPARTMENT , IN CONSULTATION WITH THE LOCAL HEALTH 15
117117 DEPARTMENT , SHALL: 16
118118
119119 (1) APPROVE OR DENY AN AP PLICATION OF A COMMU NITY–BASED 17
120120 ORGANIZATION WITHIN 45 DAYS AFTER THE DAY O N WHICH THE APPLICAT ION IS 18
121121 RECEIVED; AND 19
122122
123123 (2) PROVIDE A WRITTEN EXP LANATION OF THE DEPARTMENT ’S 20
124124 DETERMINATION TO THE COMMUNITY –BASED ORGANIZATION . 21
125125
126126 24–2503. 22
127127
128128 (A) A PROGRAM SHALL : 23
129129
130130 (1) PROVIDE A LOCATION SU PERVISED BY HEALTH C ARE 24
131131 PROFESSIONALS OR OTH ER TRAINED STAFF WHE RE DRUG USERS CAN CO NSUME 25
132132 PREOBTAINED DRUGS ; 26
133133
134134 (2) PROVIDE STERILE SUPPL IES FOR PERSONAL DRU G 27
135135 ADMINISTRATION, COLLECT USED SUPPLIE S, AND PROVIDE APPROPRI ATE 28
136136 DISPOSAL SERVICES OF USED SUPPLIES; 29
137137
138138 (3) ANSWER QUESTIONS ABOU T SAFE DRUG USE PRAC TICES; 30 4 HOUSE BILL 845
139139
140140
141141
142142 (4) ADMINISTER FIRST AID , IF NEEDED, MONITOR PARTICIPANTS FOR 1
143143 POTENTIAL OVERDOSE , AND ADMINISTER RESCU E MEDICATIONS, INCLUDING 2
144144 NALOXONE; 3
145145
146146 (5) PROVIDE ACCESS OR REF ERRALS TO SERVICES , INCLUDING: 4
147147
148148 (I) SUBSTANCE USE DISORDE R COUNSELING AND TRE ATMENT 5
149149 SERVICES; 6
150150
151151 (II) TESTING FOR HIV, VIRAL HEPATITIS , AND SEXUALLY 7
152152 TRANSMITTED DISEASES ; 8
153153
154154 (III) REPRODUCTIVE HEALTH E DUCATION AND SERVICE S; AND 9
155155
156156 (IV) WOUND CARE; 10
157157
158158 (6) EDUCATE PARTICIPANTS ON THE RISKS OF CONT RACTING HIV 11
159159 AND VIRAL HEPATITIS ; 12
160160
161161 (7) PROVIDE OVERDOSE PREV ENTION EDUCATION AND ACCESS TO 13
162162 OR REFERRALS TO OBTA IN NALOXONE; 14
163163
164164 (8) EDUCATE PARTICIPANTS REGAR DING PROPER DISPOSAL OF 15
165165 HYPODERMIC NEEDLES A ND SYRINGES; 16
166166
167167 (9) PROVIDE REASONABLE AN D ADEQUATE SECURITY OF THE 17
168168 PROGRAM SITE AND EQUI PMENT; 18
169169
170170 (10) ESTABLISH A METHOD OF IDENTIFYING PROGRAM STAFF 19
171171 MEMBERS WHO ARE AUTH ORIZED TO ACCESS DRU G ADMINISTRATION SUP PLIES AND 20
172172 PROGRAM RECORDS ; AND 21
173173
174174 (11) TRAIN STAFF MEMBERS T O DELIVER SERVICES O FFERED BY THE 22
175175 PROGRAM. 23
176176
177177 (B) A PROGRAM MAY : 24
178178
179179 (1) WITH THE CONSENT OF T HE INDIVIDUAL, BILL THE INSURANCE 25
180180 CARRIER OF AN INDIVI DUAL WHO USES THE SE RVICES OF THE PROGRAM FOR THE 26
181181 COST OF COVERED SERV ICES; 27
182182
183183 (2) ACCEPT DONATIONS , GRANTS, OR OTHER FINANCIAL 28 HOUSE BILL 845 5
184184
185185
186186 ASSISTANCE; 1
187187
188188 (3) APPLY FOR GRANTS FROM THE DEPARTMENT OR ANY NON PROFIT 2
189189 OR OTHER PRIVATE ORG ANIZATION; 3
190190
191191 (4) COORDINATE WITH ANY S UBSTANCE USE PREVENT ION AND 4
192192 OUTREACH PROGRAM , SYRINGE SERVICES PRO GRAM, OR COMMUNITY –BASED 5
193193 ORGANIZATION ; AND 6
194194
195195 (5) USE A MOBILE FACILITY TO OPERATE AND PROVI DE SERVICES. 7
196196
197197 (C) A PROGRAM MAY NOT BE LO CATED IN AN AREA THA T IS ZONED FOR 8
198198 RESIDENTIAL USES . 9
199199
200200 24–2504. 10
201201
202202 (A) THE FOLLOWI NG PERSONS ACTING IN ACCORDANCE WITH THE 11
203203 PROVISIONS OF THIS S UBTITLE MAY NOT BE S UBJECT TO ARREST , PROSECUTION , 12
204204 OR ANY CIVIL OR ADMI NISTRATIVE PENALTY , INCLUDING A CIVIL PE NALTY OR 13
205205 DISCIPLINARY ACTION BY A PROFESSIONAL LI CENSING BOARD , OR BE DENIED ANY 14
206206 RIGHT OR PRIVILEGE FOR INVOLVEMENT IN THE O PERATION OR USE OF S ERVICES 15
207207 OF THE PROGRAM: 16
208208
209209 (1) AN INDIVIDUAL WHO USE S SERVICES OF A PROGRAM; 17
210210
211211 (2) A STAFF MEMBER OF A PROGRAM, INCLUDING A HEALTH C ARE 18
212212 PROFESSIONAL , A MANAGER, AN EMPLOYEE , OR A VOLUNTEER ; AND 19
213213
214214 (3) A PROPERTY OWNER WHO O WNS THE FACILITY AT WHICH A 20
215215 PROGRAM IS LOCATED AN D OPERATES. 21
216216
217217 (B) A PROPERTY OWNER , A MANAGER, AN EMPLOYEE , A VOLUNTEER , OR AN 22
218218 INDIVIDUAL USING THE SERVICES OF A PROGRAM AND ACTING IN ACCORDANCE 23
219219 WITH THE PROVISIONS OF THIS SUBTITLE MAY NOT BE SUBJ ECT UNDER STATE OR 24
220220 LOCAL LAW TO THE SEI ZURE OR FORFEITURE O F ANY REAL OR PERSON AL 25
221221 PROPERTY USED IN CON NECTION WITH A PROGRAM. 26
222222
223223 24–2505. 27
224224
225225 NOTWITHSTANDING THE P ROVISIONS OF § 24–2504 OF THIS SUBTITLE , A 28
226226 PROPERTY OWNER , A MANAGER, AN EMPLOYEE, A VOLUNTEER , OR AN INDIVIDUAL 29
227227 USING THE SERVICES O F A PROGRAM IS NOT IMMUNE FROM CRIMINAL 30
228228 PROSECUTION FOR ANY ACTIVITIES NOT AUTHO RIZED OR APPROVED BY THE 31 6 HOUSE BILL 845
229229
230230
231231 PROGRAM. 1
232232
233233 24–2506. 2
234234
235235 ON OR BEFORE DECEMBER 1 EACH YEAR, A PROGRAM ESTABLISHED U NDER 3
236236 THIS SUBTITLE SHALL SUBMIT TO T HE DEPARTMENT AND , IN ACCORDANCE WITH § 4
237237 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE FINANCE COMMITTEE 5
238238 AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE A REPORT 6
239239 THAT INCLUDES THE FO LLOWING INFORMATION : 7
240240
241241 (1) THE NUMBER OF PROGRAM PARTICIPANTS AND THE NUMBER OF 8
242242 TIMES A PARTICIPANT USED THE PROGRAM’S SERVICES; 9
243243
244244 (2) AGGREGATE INFORMATION REGARDING THE DEMOGR APHIC 10
245245 PROFILE OF PROGRAM PARTICIPANTS ; 11
246246
247247 (3) THE NUMBER OF : 12
248248
249249 (I) ITEMS DISTRIBUTED FOR DRUG ADMINISTRATION FOR USE 13
250250 ON–SITE, INCLUDING HYPODERMIC NEEDLES AND SYRINGES ; AND 14
251251
252252 (II) OVERDOSES EXPERIENCED ON–SITE AND OVERDOSES 15
253253 REVERSED ON –SITE; 16
254254
255255 (4) THE NUMBER OF INDIVID UALS WHO RECEIVED OV ERDOSE CARE 17
256256 AND THE TYPE AND NUM BER OF RESCUE DRUGS USED; 18
257257
258258 (5) THE NUMBER OF INDIVIDUALS REFERRED BY THE PROGRAM TO 19
259259 OTHER SERVICES AND T HE TYPE OF SERVICE T O WHICH THE INDIVIDU ALS WERE 20
260260 REFERRED; AND 21
261261
262262 (6) ANY OTHER INFORMATION THAT THE DEPARTMENT DETERMINES 22
263263 IS NECESSARY FOR ASS ESSING THE IMPACT OF THE PROGRAM. 23
264264
265265 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
266266 1, 2025. It shall remain effective for a period of 4 years and, at the end of June 30, 2029, 25
267267 this Act, with no further action required by the General Assembly, shall be abrogated and 26
268268 of no further force and effect. 27
269269