EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0224*
SENATE BILL 224
J1 5lr0265
(PRE–FILED) CF HB 94
By: Chair, Finance Committee (By Request – Departmental – Health)
Requested: October 6, 2024
Introduced and read first time: January 8, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Opioid–Associated Disease Prevention and Outreach Programs – Appeals and 2
Membership of Standing Advisory Committee 3
FOR the purpose of authorizing a local health department or community –based 4
organization to appeal to the Secretary of Health or the Secretary’s designee, rather 5
than to the Deputy Secretary for Public Health Services, an adverse decision of the 6
Maryland Department of Health and a local health officer regarding an application 7
for authorization to operate an Opioid–Associated Disease Prevention and Outreach 8
Program; altering the membership of the Standing Advisory Committee on 9
Opioid–Associated Disease Prevention and Outreach Programs; and generally 10
relating to Opioid–Associated Disease Prevention and Outreach Programs. 11
BY repealing and reenacting, without amendments, 12
Article – Health – General 13
Section 24–901(a) and (f) 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Health – General 18
Section 24–902, 24–904, and 24–905 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health – General 24
24–901. 25 2 SENATE BILL 224
(a) In this subtitle the following words have the meanings indicated. 1
(f) “Program” means an Opioid–Associated Disease Prevention and Outreach 2
Program. 3
24–902. 4
(a) (1) A Program may be established by a local health department or a 5
community–based organization, subject to the provisions of this subtitle. 6
(2) (i) A county may cooperate with another county to establish a 7
Program. 8
(ii) A community–based organization may establish a multicounty 9
Program. 10
(3) This subtitle does not apply to the AIDS Prevention Sterile Needle and 11
Syringe Exchange Pilot Program established under Subtitle 8 of this title. 12
(b) (1) (i) A local health department or community–based organization 13
shall apply to the Department and a local health officer for authorization to operate a 14
Program. 15
(ii) A local health department or community–based organization 16
may apply at any time for authorization to operate a Program under subparagraph (i) of 17
this paragraph. 18
(2) The Department and a local health officer jointly shall issue an 19
authorization determination based on the ability of a Program to meet the requirements of 20
this subtitle. 21
(3) The Department and a local health officer shall: 22
(i) Approve or deny an application for authorization to operate a 23
Program within 60 days after receiving a complete application; and 24
(ii) Provide to the applicant a written explanation of the decision of 25
the Department and local health officer. 26
(4) (i) A local health department or community–based organization 27
may appeal an adverse decision by the Department and a local health officer to the 28
[Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S DESIGNEE. 29
(ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE 30
shall: 31
SENATE BILL 224 3
1. Grant or deny an appeal within 60 days after receiving an 1
appeal; and 2
2. Provide a written explanation of the [Deputy] Secretary’s 3
OR THE SECRETARY’S DESIGNEE’S decision to the local health department or 4
community–based organization. 5
(c) If established under subsection (a) of this section, a Program shall: 6
(1) Provide for substance use outreach, education, and linkage to treatment 7
services to participants, including distribution and collection of hypodermic needles and 8
syringes; and 9
(2) Operate in accordance with: 10
(i) The technical assistance of the Standing Advisory Committee; 11
and 12
(ii) The procedures, plans, and protocols approved by: 13
1. The local health officer for each county in which a Program 14
is established; and 15
2. The Department. 16
24–904. 17
(a) The Department shall appoint a Standing Advisory Committee on 18
Opioid–Associated Disease Prevention and Outreach Programs. 19
(b) The Standing Advisory Committee shall consist of: 20
(1) The [Deputy] Secretary [for Public Health Services] OR THE 21
SECRETARY’S DESIGNEE; 22
(2) One individual from academia who specializes in public health issues 23
related to substance–related disorders or infectious diseases; 24
(3) One representative from law enforcement, nominated by the Executive 25
Director of the Governor’s Office of Crime Prevention and Policy; 26
(4) One individual with expertise in the prevention of HIV or viral 27
hepatitis; 28
(5) One health care practitioner with experience providing services to 29
individuals who inject drugs; 30
4 SENATE BILL 224
(6) One individual with substance use experience; 1
(7) One family member of an individual who injects or has injected drugs; 2
(8) One representative of local law enforcement; 3
(9) One local health officer; 4
(10) One representative of a local or regional hospital; 5
(11) One individual with experience in syringe services programs; and 6
(12) Any additional members recommended by the Department. 7
(c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S 8
DESIGNEE shall serve as chair of the Standing Advisory Committee. 9
(d) The Standing Advisory Committee shall: 10
(1) Provide technical assistance to each Program on developing: 11
(i) Program operating procedures for collection and distribution of 12
hypodermic needles and syringes; 13
(ii) A plan for community outreach and education; and 14
(iii) A protocol for linking Program participants to substance–related 15
disorder treatment and recovery services; and 16
(2) Make recommendations to a Program regarding any aspect of Program 17
procedures or operation. 18
24–905. 19
(a) The Department shall: 20
(1) Adopt regulations for the implementation of this subtitle, in 21
consultation with the Standing Advisory Committee and the Maryland Association of 22
County Health Officers; and 23
(2) Ensure the provision of technical assistance to a Program about best 24
practices, best practice protocols, and other subject areas. 25
(b) The regulations adopted under subsection (a)(1) of this section shall establish: 26
(1) Procedures for ensuring the security of Program locations and 27
equipment; 28 SENATE BILL 224 5
(2) An appeals process for appeals authorized by § 24–902(b)(4) of this 1
subtitle, including the standard of review that the [Deputy] Secretary [for Public Health 2
Services] OR THE SECRETARY’S DESIGNEE must apply when reviewing a decision of the 3
Department and a local health officer; and 4
(3) Procedures for data collection and Program evaluation. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2025. 7