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Maryland House Bill HB94

Maryland 2025 Regular Session

Maryland House Bill HB94 Compare Versions

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1- WES MOORE, Governor Ch. 27
21
3-– 1 –
4-Chapter 27
5-(House Bill 94)
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+ *hb0094*
89
9-Opioid–Associated Disease Prevention and Outreach Programs – Appeals and
10-Membership of Standing Advisory Committee
10+HOUSE BILL 94
11+J1 5lr0266
12+ (PRE–FILED) CF SB 224
13+By: Chair, Health and Government Operations Committee (By Request –
14+Departmental – Health)
15+Requested: October 6, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Health and Government Operations
18+Committee Report: Favorable
19+House action: Adopted
20+Read second time: February 4, 2025
1121
12-FOR the purpose of authorizing a local health department or community –based
13-organization to appeal to the Secretary of Health or the Secretary’s designee, rather
14-than to the Deputy Secretary for Public Health Services, an adverse decision of the
15-Maryland Department of Health and a local health officer regarding an application
16-for authorization to operate an Opioid–Associated Disease Prevention and Outreach
17-Program; altering the membership of the Standing Advisory Committee on
18-Opioid–Associated Disease Prevention and Outreach Programs; and generally
19-relating to Opioid–Associated Disease Prevention and Outreach Programs.
22+CHAPTER ______
2023
21-BY repealing and reenacting, without amendments,
22- Article – Health – General
23-Section 24–901(a) and (f)
24- Annotated Code of Maryland
25- (2023 Replacement Volume and 2024 Supplement)
24+AN ACT concerning 1
2625
27-BY repealing and reenacting, with amendments,
28-Article – Health – General
29-Section 24–902, 24–904, and 24–905
30-Annotated Code of Maryland
31-(2023 Replacement Volume and 2024 Supplement)
26+Opioid–Associated Disease Prevention and Outreach Programs – Appeals and 2
27+Membership of Standing Advisory Committee 3
3228
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
29+FOR the purpose of authorizing a local health department or community –based 4
30+organization to appeal to the Secretary of Health or the Secretary’s designee, rather 5
31+than to the Deputy Secretary for Public Health Services, an adverse decision of the 6
32+Maryland Department of Health and a local health officer regarding an application 7
33+for authorization to operate an Opioid–Associated Disease Prevention and Outreach 8
34+Program; altering the membership of the Standing Advisory Committee on 9
35+Opioid–Associated Disease Prevention and Outreach Programs; and generally 10
36+relating to Opioid–Associated Disease Prevention and Outreach Programs. 11
3537
36-Article – Health – General
38+BY repealing and reenacting, without amendments, 12
39+ Article – Health – General 13
40+Section 24–901(a) and (f) 14
41+ Annotated Code of Maryland 15
42+ (2023 Replacement Volume and 2024 Supplement) 16
3743
38-24–901.
44+BY repealing and reenacting, with amendments, 17
45+Article – Health – General 18
46+Section 24–902, 24–904, and 24–905 19
47+Annotated Code of Maryland 20
48+(2023 Replacement Volume and 2024 Supplement) 21 2 HOUSE BILL 94
3949
40- (a) In this subtitle the following words have the meanings indicated.
4150
42- (f) “Program” means an Opioid–Associated Disease Prevention and Outreach
43-Program.
4451
45-24–902.
52+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53+That the Laws of Maryland read as follows: 2
4654
47- (a) (1) A Program may be established by a local health department or a
48-community–based organization, subject to the provisions of this subtitle.
49- Ch. 27 2025 LAWS OF MARYLAND
55+Article – Health – General 3
5056
51-– 2 –
52- (2) (i) A county may cooperate with another county to establish a
53-Program.
57+24–901. 4
5458
55- (ii) A community–based organization may establish a multicounty
56-Program.
59+ (a) In this subtitle the following words have the meanings indicated. 5
5760
58- (3) This subtitle does not apply to the AIDS Prevention Sterile Needle and
59-Syringe Exchange Pilot Program established under Subtitle 8 of this title.
61+ (f) “Program” means an Opioid–Associated Disease Prevention and Outreach 6
62+Program. 7
6063
61- (b) (1) (i) A local health department or community–based organization
62-shall apply to the Department and a local health officer for authorization to operate a
63-Program.
64+24–902. 8
6465
65- (ii) A local health department or community–based organization
66-may apply at any time for authorization to operate a Program under subparagraph (i) of
67-this paragraph.
66+ (a) (1) A Program may be established by a local health department or a 9
67+community–based organization, subject to the provisions of this subtitle. 10
6868
69- (2) The Department and a local health officer jointly shall issue an
70-authorization determination based on the ability of a Program to meet the requirements of
71-this subtitle.
69+ (2) (i) A county may cooperate with another county to establish a 11
70+Program. 12
7271
73- (3) The Department and a local health officer shall:
72+ (ii) A community–based organization may establish a multicounty 13
73+Program. 14
7474
75- (i) Approve or deny an application for authorization to operate a
76-Program within 60 days after receiving a complete application; and
75+ (3) This subtitle does not apply to the AIDS Prevention Sterile Needle and 15
76+Syringe Exchange Pilot Program established under Subtitle 8 of this title. 16
7777
78- (ii) Provide to the applicant a written explanation of the decision of
79-the Department and local health officer.
78+ (b) (1) (i) A local health department or community–based organization 17
79+shall apply to the Department and a local health officer for authorization to operate a 18
80+Program. 19
8081
81- (4) (i) A local health department or community–based organization
82-may appeal an adverse decision by the Department and a local health officer to the
83-[Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S DESIGNEE.
82+ (ii) A local health department or community–based organization 20
83+may apply at any time for authorization to operate a Program under subparagraph (i) of 21
84+this paragraph. 22
8485
85- (ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE
86-shall:
86+ (2) The Department and a local health officer jointly shall issue an 23
87+authorization determination based on the ability of a Program to meet the requirements of 24
88+this subtitle. 25
8789
88- 1. Grant or deny an appeal within 60 days after receiving an
89-appeal; and
90+ (3) The Department and a local health officer shall: 26
9091
91- 2. Provide a written explanation of the [Deputy] Secretary’s
92-OR THE SECRETARY’S DESIGNEE’S decision to the local health department or
93-community–based organization.
92+ (i) Approve or deny an application for authorization to operate a 27
93+Program within 60 days after receiving a complete application; and 28
9494
95- (c) If established under subsection (a) of this section, a Program shall:
96- WES MOORE, Governor Ch. 27
95+ (ii) Provide to the applicant a written explanation of the decision of 29
96+the Department and local health officer. 30
97+ HOUSE BILL 94 3
9798
98-– 3 –
99- (1) Provide for substance use outreach, education, and linkage to treatment
100-services to participants, including distribution and collection of hypodermic needles and
101-syringes; and
10299
103- (2) Operate in accordance with:
100+ (4) (i) A local health department or community–based organization 1
101+may appeal an adverse decision by the Department and a local health officer to the 2
102+[Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S DESIGNEE. 3
104103
105- (i) The technical assistance of the Standing Advisory Committee;
106-and
104+ (ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE 4
105+shall: 5
107106
108- (ii) The procedures, plans, and protocols approved by:
107+ 1. Grant or deny an appeal within 60 days after receiving an 6
108+appeal; and 7
109109
110- 1. The local health officer for each county in which a Program
111-is established; and
110+ 2. Provide a written explanation of the [Deputy] Secretary’s 8
111+OR THE SECRETARY’S DESIGNEE’S decision to the local health department or 9
112+community–based organization. 10
112113
113- 2. The Department.
114+ (c) If established under subsection (a) of this section, a Program shall: 11
114115
115-24–904.
116+ (1) Provide for substance use outreach, education, and linkage to treatment 12
117+services to participants, including distribution and collection of hypodermic needles and 13
118+syringes; and 14
116119
117- (a) The Department shall appoint a Standing Advisory Committee on
118-Opioid–Associated Disease Prevention and Outreach Programs.
120+ (2) Operate in accordance with: 15
119121
120- (b) The Standing Advisory Committee shall consist of:
122+ (i) The technical assistance of the Standing Advisory Committee; 16
123+and 17
121124
122- (1) The [Deputy] Secretary [for Public Health Services] OR THE
123-SECRETARY’S DESIGNEE;
125+ (ii) The procedures, plans, and protocols approved by: 18
124126
125- (2) One individual from academia who specializes in public health issues
126-related to substance–related disorders or infectious diseases;
127+ 1. The local health officer for each county in which a Program 19
128+is established; and 20
127129
128- (3) One representative from law enforcement, nominated by the Executive
129-Director of the Governor’s Office of Crime Prevention and Policy;
130+ 2. The Department. 21
130131
131- (4) One individual with expertise in the prevention of HIV or viral
132-hepatitis;
132+24–904. 22
133133
134- (5) One health care practitioner with experience providing services to
135-individuals who inject drugs;
134+ (a) The Department shall appoint a Standing Advisory Committee on 23
135+Opioid–Associated Disease Prevention and Outreach Programs. 24
136136
137- (6) One individual with substance use experience;
137+ (b) The Standing Advisory Committee shall consist of: 25
138138
139- (7) One family member of an individual who injects or has injected drugs;
139+ (1) The [Deputy] Secretary [for Public Health Services] OR THE 26
140+SECRETARY’S DESIGNEE; 27
140141
141- (8) One representative of local law enforcement;
142+ (2) One individual from academia who specializes in public health issues 28
143+related to substance–related disorders or infectious diseases; 29
144+ 4 HOUSE BILL 94
142145
143- (9) One local health officer;
144- Ch. 27 2025 LAWS OF MARYLAND
145146
146-– 4 –
147- (10) One representative of a local or regional hospital;
147+ (3) One representative from law enforcement, nominated by the Executive 1
148+Director of the Governor’s Office of Crime Prevention and Policy; 2
148149
149- (11) One individual with experience in syringe services programs; and
150+ (4) One individual with expertise in the prevention of HIV or viral 3
151+hepatitis; 4
150152
151- (12) Any additional members recommended by the Department.
153+ (5) One health care practitioner with experience providing services to 5
154+individuals who inject drugs; 6
152155
153- (c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S
154-DESIGNEE shall serve as chair of the Standing Advisory Committee.
156+ (6) One individual with substance use experience; 7
155157
156- (d) The Standing Advisory Committee shall:
158+ (7) One family member of an individual who injects or has injected drugs; 8
157159
158- (1) Provide technical assistance to each Program on developing:
160+ (8) One representative of local law enforcement; 9
159161
160- (i) Program operating procedures for collection and distribution of
161-hypodermic needles and syringes;
162+ (9) One local health officer; 10
162163
163- (ii) A plan for community outreach and education; and
164+ (10) One representative of a local or regional hospital; 11
164165
165- (iii) A protocol for linking Program participants to substance–related
166-disorder treatment and recovery services; and
166+ (11) One individual with experience in syringe services programs; and 12
167167
168- (2) Make recommendations to a Program regarding any aspect of Program
169-procedures or operation.
168+ (12) Any additional members recommended by the Department. 13
170169
171-24–905.
170+ (c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S 14
171+DESIGNEE shall serve as chair of the Standing Advisory Committee. 15
172172
173- (a) The Department shall:
173+ (d) The Standing Advisory Committee shall: 16
174174
175- (1) Adopt regulations for the implementation of this subtitle, in
176-consultation with the Standing Advisory Committee and the Maryland Association of
177-County Health Officers; and
175+ (1) Provide technical assistance to each Program on developing: 17
178176
179- (2) Ensure the provision of technical assistance to a Program about best
180-practices, best practice protocols, and other subject areas.
177+ (i) Program operating procedures for collection and distribution of 18
178+hypodermic needles and syringes; 19
181179
182- (b) The regulations adopted under subsection (a)(1) of this section shall establish:
180+ (ii) A plan for community outreach and education; and 20
183181
184- (1) Procedures for ensuring the security of Program locations and
185-equipment;
182+ (iii) A protocol for linking Program participants to substance–related 21
183+disorder treatment and recovery services; and 22
186184
187- (2) An appeals process for appeals authorized by § 24–902(b)(4) of this
188-subtitle, including the standard of review that the [Deputy] Secretary [for Public Health
189-Services] OR THE SECRETARY’S DESIGNEE must apply when reviewing a decision of the
190-Department and a local health officer; and
185+ (2) Make recommendations to a Program regarding any aspect of Program 23
186+procedures or operation. 24
191187
192- (3) Procedures for data collection and Program evaluation. WES MOORE, Governor Ch. 27
188+24–905. 25
193189
194-– 5 –
190+ (a) The Department shall: 26
191+ HOUSE BILL 94 5
195192
196- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
197-1, 2025.
198193
199-Approved by the Governor, April 8, 2025.
194+ (1) Adopt regulations for the implementation of this subtitle, in 1
195+consultation with the Standing Advisory Committee and the Maryland Association of 2
196+County Health Officers; and 3
197+
198+ (2) Ensure the provision of technical assistance to a Program about best 4
199+practices, best practice protocols, and other subject areas. 5
200+
201+ (b) The regulations adopted under subsection (a)(1) of this section shall establish: 6
202+
203+ (1) Procedures for ensuring the security of Program locations and 7
204+equipment; 8
205+
206+ (2) An appeals process for appeals authorized by § 24–902(b)(4) of this 9
207+subtitle, including the standard of review that the [Deputy] Secretary [for Public Health 10
208+Services] OR THE SECRETARY’S DESIGNEE must apply when reviewing a decision of the 11
209+Department and a local health officer; and 12
210+
211+ (3) Procedures for data collection and Program evaluation. 13
212+
213+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
214+1, 2025. 15
215+
216+
217+
218+Approved:
219+________________________________________________________________________________
220+ Governor.
221+________________________________________________________________________________
222+ Speaker of the House of Delegates.
223+________________________________________________________________________________
224+ President of the Senate.