EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable
Senate action: Adopted
Read second time: January 24, 2025
CHAPTER ______
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
2 SENATE BILL 224
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
24–901. 4
(a) In this subtitle the following words have the meanings indicated. 5
(f) “Program” means an Opioid–Associated Disease Prevention and Outreach 6
Program. 7
24–902. 8
(a) (1) A Program may be established by a local health department or a 9
community–based organization, subject to the provisions of this subtitle. 10
(2) (i) A county may cooperate with another county to establish a 11
Program. 12
(ii) A community–based organization may establish a multicounty 13
Program. 14
(3) This subtitle does not apply to the AIDS Prevention Sterile Needle and 15
Syringe Exchange Pilot Program established under Subtitle 8 of this title. 16
(b) (1) (i) A local health department or community–based organization 17
shall apply to the Department and a local health officer for authorization to operate a 18
Program. 19
(ii) A local health department or community–based organization 20
may apply at any time for authorization to operate a Program under subparagraph (i) of 21
this paragraph. 22
(2) The Department and a local health officer jointly shall issue an 23
authorization determination based on the ability of a Program to meet the requirements of 24
this subtitle. 25
(3) The Department and a local health officer shall: 26
(i) Approve or deny an application for authorization to operate a 27
Program within 60 days after receiving a complete application; and 28
(ii) Provide to the applicant a written explanation of the decision of 29
the Department and local health officer. 30
SENATE BILL 224 3
(4) (i) A local health department or community–based organization 1
may appeal an adverse decision by the Department and a local health officer to the 2
[Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S DESIGNEE. 3
(ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE 4
shall: 5
1. Grant or deny an appeal within 60 days after receiving an 6
appeal; and 7
2. Provide a written explanation of the [Deputy] Secretary’s 8
OR THE SECRETARY’S DESIGNEE’S decision to the local health department or 9
community–based organization. 10
(c) If established under subsection (a) of this section, a Program shall: 11
(1) Provide for substance use outreach, education, and linkage to treatment 12
services to participants, including distribution and collection of hypodermic needles and 13
syringes; and 14
(2) Operate in accordance with: 15
(i) The technical assistance of the Standing Advisory Committee; 16
and 17
(ii) The procedures, plans, and protocols approved by: 18
1. The local health officer for each county in which a Program 19
is established; and 20
2. The Department. 21
24–904. 22
(a) The Department shall appoint a Standing Advisory Committee on 23
Opioid–Associated Disease Prevention and Outreach Programs. 24
(b) The Standing Advisory Committee shall consist of: 25
(1) The [Deputy] Secretary [for Public Health Services] OR THE 26
SECRETARY’S DESIGNEE; 27
(2) One individual from academia who specializes in public health issues 28
related to substance–related disorders or infectious diseases; 29
4 SENATE BILL 224
(3) One representative from law enforcement, nominated by the Executive 1
Director of the Governor’s Office of Crime Prevention and Policy; 2
(4) One individual with expertise in the prevention of HIV or viral 3
hepatitis; 4
(5) One health care practitioner with experience providing services to 5
individuals who inject drugs; 6
(6) One individual with substance use experience; 7
(7) One family member of an individual who injects or has injected drugs; 8
(8) One representative of local law enforcement; 9
(9) One local health officer; 10
(10) One representative of a local or regional hospital; 11
(11) One individual with experience in syringe services programs; and 12
(12) Any additional members recommended by the Department. 13
(c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S 14
DESIGNEE shall serve as chair of the Standing Advisory Committee. 15
(d) The Standing Advisory Committee shall: 16
(1) Provide technical assistance to each Program on developing: 17
(i) Program operating procedures for collection and distribution of 18
hypodermic needles and syringes; 19
(ii) A plan for community outreach and education; and 20
(iii) A protocol for linking Program participants to substance–related 21
disorder treatment and recovery services; and 22
(2) Make recommendations to a Program regarding any aspect of Program 23
procedures or operation. 24
24–905. 25
(a) The Department shall: 26
SENATE BILL 224 5
(1) Adopt regulations for the implementation of this subtitle, in 1
consultation with the Standing Advisory Committee and the Maryland Association of 2
County Health Officers; and 3
(2) Ensure the provision of technical assistance to a Program about best 4
practices, best practice protocols, and other subject areas. 5
(b) The regulations adopted under subsection (a)(1) of this section shall establish: 6
(1) Procedures for ensuring the security of Program locations and 7
equipment; 8
(2) An appeals process for appeals authorized by § 24–902(b)(4) of this 9
subtitle, including the standard of review that the [Deputy] Secretary [for Public Health 10
Services] OR THE SECRETARY’S DESIGNEE must apply when reviewing a decision of the 11
Department and a local health officer; and 12
(3) Procedures for data collection and Program evaluation. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
1, 2025. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.