MD
Maryland Senate Bill SB224

Maryland 2025 Regular Session

Maryland Senate Bill SB224 Compare Versions

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1- WES MOORE, Governor Ch. 28
21
3-– 1 –
4-Chapter 28
5-(Senate Bill 224)
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+ *sb0224*
89
9-Opioid–Associated Disease Prevention and Outreach Programs – Appeals and
10-Membership of Standing Advisory Committee
10+SENATE BILL 224
11+J1 5lr0265
12+ (PRE–FILED) CF HB 94
13+By: Chair, Finance Committee (By Request – Departmental – Health)
14+Requested: October 6, 2024
15+Introduced and read first time: January 8, 2025
16+Assigned to: Finance
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: January 24, 2025
1120
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 Committ ee on
18-Opioid–Associated Disease Prevention and Outreach Programs; and generally
19-relating to Opioid–Associated Disease Prevention and Outreach Programs.
21+CHAPTER ______
2022
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)
23+AN ACT concerning 1
2624
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)
25+Opioid–Associated Disease Prevention and Outreach Programs – Appeals and 2
26+Membership of Standing Advisory Committee 3
3227
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
28+FOR the purpose of authorizing a local health department or community –based 4
29+organization to appeal to the Secretary of Health or the Secretary’s designee, rather 5
30+than to the Deputy Secretary for Public Health Services, an adverse decision of the 6
31+Maryland Department of Health and a local health officer regarding an application 7
32+for authorization to operate an Opioid–Associated Disease Prevention and Outreach 8
33+Program; altering the membership of the Standing Advisory Committee on 9
34+Opioid–Associated Disease Prevention and Outreach Programs; and generally 10
35+relating to Opioid–Associated Disease Prevention and Outreach Programs. 11
3536
36-Article – Health – General
37+BY repealing and reenacting, without amendments, 12
38+ Article – Health – General 13
39+Section 24–901(a) and (f) 14
40+ Annotated Code of Maryland 15
41+ (2023 Replacement Volume and 2024 Supplement) 16
3742
38-24–901.
43+BY repealing and reenacting, with amendments, 17
44+Article – Health – General 18
45+Section 24–902, 24–904, and 24–905 19
46+Annotated Code of Maryland 20
47+(2023 Replacement Volume and 2024 Supplement) 21
48+ 2 SENATE BILL 224
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.
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4453
45-24–902.
54+Article – Health – General 3
4655
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. 28 2025 LAWS OF MARYLAND
56+24–901. 4
5057
51-– 2 –
52- (2) (i) A county may cooperate with another county to establish a
53-Program.
58+ (a) In this subtitle the following words have the meanings indicated. 5
5459
55- (ii) A community–based organization may establish a multicounty
56-Program.
60+ (f) “Program” means an Opioid–Associated Disease Prevention and Outreach 6
61+Program. 7
5762
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.
63+24–902. 8
6064
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.
65+ (a) (1) A Program may be established by a local health department or a 9
66+community–based organization, subject to the provisions of this subtitle. 10
6467
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.
68+ (2) (i) A county may cooperate with another county to establish a 11
69+Program. 12
6870
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.
71+ (ii) A community–based organization may establish a multicounty 13
72+Program. 14
7273
73- (3) The Department and a local health officer shall:
74+ (3) This subtitle does not apply to the AIDS Prevention Sterile Needle and 15
75+Syringe Exchange Pilot Program established under Subtitle 8 of this title. 16
7476
75- (i) Approve or deny an application for authorization to operate a
76-Program within 60 days after receiving a complete application; and
77+ (b) (1) (i) A local health department or community–based organization 17
78+shall apply to the Department and a local health officer for authorization to operate a 18
79+Program. 19
7780
78- (ii) Provide to the applicant a written explanation of the decision of
79-the Department and local health officer.
81+ (ii) A local health department or community–based organization 20
82+may apply at any time for authorization to operate a Program under subparagraph (i) of 21
83+this paragraph. 22
8084
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.
85+ (2) The Department and a local health officer jointly shall issue an 23
86+authorization determination based on the ability of a Program to meet the requirements of 24
87+this subtitle. 25
8488
85- (ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE
86-shall:
89+ (3) The Department and a local health officer shall: 26
8790
88- 1. Grant or deny an appeal within 60 days after receiving an
89-appeal; and
91+ (i) Approve or deny an application for authorization to operate a 27
92+Program within 60 days after receiving a complete application; and 28
9093
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.
94+ (ii) Provide to the applicant a written explanation of the decision of 29
95+the Department and local health officer. 30
96+ SENATE BILL 224 3
9497
95- (c) If established under subsection (a) of this section, a Program shall:
96- WES MOORE, Governor Ch. 28
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
99+ (4) (i) A local health department or community–based organization 1
100+may appeal an adverse decision by the Department and a local health officer to the 2
101+[Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S DESIGNEE. 3
102102
103- (2) Operate in accordance with:
103+ (ii) The [Deputy] Secretary OR THE SECRETARY’S DESIGNEE 4
104+shall: 5
104105
105- (i) The technical assistance of the Standing Advisory Committee;
106-and
106+ 1. Grant or deny an appeal within 60 days after receiving an 6
107+appeal; and 7
107108
108- (ii) The procedures, plans, and protocols approved by:
109+ 2. Provide a written explanation of the [Deputy] Secretary’s 8
110+OR THE SECRETARY’S DESIGNEE’S decision to the local health department or 9
111+community–based organization. 10
109112
110- 1. The local health officer for each county in which a Program
111-is established; and
113+ (c) If established under subsection (a) of this section, a Program shall: 11
112114
113- 2. The Department.
115+ (1) Provide for substance use outreach, education, and linkage to treatment 12
116+services to participants, including distribution and collection of hypodermic needles and 13
117+syringes; and 14
114118
115-24–904.
119+ (2) Operate in accordance with: 15
116120
117- (a) The Department shall appoint a Standing Advisory Committee on
118-Opioid–Associated Disease Prevention and Outreach Programs.
121+ (i) The technical assistance of the Standing Advisory Committee; 16
122+and 17
119123
120- (b) The Standing Advisory Committee shall consist of:
124+ (ii) The procedures, plans, and protocols approved by: 18
121125
122- (1) The [Deputy] Secretary [for Public Health Services] OR THE
123-SECRETARY’S DESIGNEE;
126+ 1. The local health officer for each county in which a Program 19
127+is established; and 20
124128
125- (2) One individual from academia who specializes in public health issues
126-related to substance–related disorders or infectious diseases;
129+ 2. The Department. 21
127130
128- (3) One representative from law enforcement, nominated by the Executive
129-Director of the Governor’s Office of Crime Prevention and Policy;
131+24–904. 22
130132
131- (4) One individual with expertise in the prevention of HIV or viral
132-hepatitis;
133+ (a) The Department shall appoint a Standing Advisory Committee on 23
134+Opioid–Associated Disease Prevention and Outreach Programs. 24
133135
134- (5) One health care practitioner with experience providing services to
135-individuals who inject drugs;
136+ (b) The Standing Advisory Committee shall consist of: 25
136137
137- (6) One individual with substance use experience;
138+ (1) The [Deputy] Secretary [for Public Health Services] OR THE 26
139+SECRETARY’S DESIGNEE; 27
138140
139- (7) One family member of an individual who injects or has injected drugs;
141+ (2) One individual from academia who specializes in public health issues 28
142+related to substance–related disorders or infectious diseases; 29
143+ 4 SENATE BILL 224
140144
141- (8) One representative of local law enforcement;
142145
143- (9) One local health officer;
144- Ch. 28 2025 LAWS OF MARYLAND
146+ (3) One representative from law enforcement, nominated by the Executive 1
147+Director of the Governor’s Office of Crime Prevention and Policy; 2
145148
146-– 4 –
147- (10) One representative of a local or regional hospital;
149+ (4) One individual with expertise in the prevention of HIV or viral 3
150+hepatitis; 4
148151
149- (11) One individual with experience in syringe services programs; and
152+ (5) One health care practitioner with experience providing services to 5
153+individuals who inject drugs; 6
150154
151- (12) Any additional members recommended by the Department.
155+ (6) One individual with substance use experience; 7
152156
153- (c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S
154-DESIGNEE shall serve as chair of the Standing Advisory Committee.
157+ (7) One family member of an individual who injects or has injected drugs; 8
155158
156- (d) The Standing Advisory Committee shall:
159+ (8) One representative of local law enforcement; 9
157160
158- (1) Provide technical assistance to each Program on developing:
161+ (9) One local health officer; 10
159162
160- (i) Program operating procedures for collection and distribution of
161-hypodermic needles and syringes;
163+ (10) One representative of a local or regional hospital; 11
162164
163- (ii) A plan for community outreach and education; and
165+ (11) One individual with experience in syringe services programs; and 12
164166
165- (iii) A protocol for linking Program participants to substance–related
166-disorder treatment and recovery services; and
167+ (12) Any additional members recommended by the Department. 13
167168
168- (2) Make recommendations to a Program regarding any aspect of Program
169-procedures or operation.
169+ (c) The [Deputy] Secretary [for Public Health Services] OR THE SECRETARY’S 14
170+DESIGNEE shall serve as chair of the Standing Advisory Committee. 15
170171
171-24–905.
172+ (d) The Standing Advisory Committee shall: 16
172173
173- (a) The Department shall:
174+ (1) Provide technical assistance to each Program on developing: 17
174175
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
176+ (i) Program operating procedures for collection and distribution of 18
177+hypodermic needles and syringes; 19
178178
179- (2) Ensure the provision of technical assistance to a Program about best
180-practices, best practice protocols, and other subject areas.
179+ (ii) A plan for community outreach and education; and 20
181180
182- (b) The regulations adopted under subsection (a)(1) of this section shall establish:
181+ (iii) A protocol for linking Program participants to substance–related 21
182+disorder treatment and recovery services; and 22
183183
184- (1) Procedures for ensuring the security of Program locations and
185-equipment;
184+ (2) Make recommendations to a Program regarding any aspect of Program 23
185+procedures or operation. 24
186186
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
187+24–905. 25
191188
192- (3) Procedures for data collection and Program evaluation. WES MOORE, Governor Ch. 28
189+ (a) The Department shall: 26
190+ SENATE BILL 224 5
193191
194-– 5 –
195192
196- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
197-1, 2025.
193+ (1) Adopt regulations for the implementation of this subtitle, in 1
194+consultation with the Standing Advisory Committee and the Maryland Association of 2
195+County Health Officers; and 3
198196
199-Approved by the Governor, April 8, 2025.
197+ (2) Ensure the provision of technical assistance to a Program about best 4
198+practices, best practice protocols, and other subject areas. 5
199+
200+ (b) The regulations adopted under subsection (a)(1) of this section shall establish: 6
201+
202+ (1) Procedures for ensuring the security of Program locations and 7
203+equipment; 8
204+
205+ (2) An appeals process for appeals authorized by § 24–902(b)(4) of this 9
206+subtitle, including the standard of review that the [Deputy] Secretary [for Public Health 10
207+Services] OR THE SECRETARY’S DESIGNEE must apply when reviewing a decision of the 11
208+Department and a local health officer; and 12
209+
210+ (3) Procedures for data collection and Program evaluation. 13
211+
212+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
213+1, 2025. 15
214+
215+
216+
217+
218+Approved:
219+________________________________________________________________________________
220+ Governor.
221+________________________________________________________________________________
222+ President of the Senate.
223+________________________________________________________________________________
224+ Speaker of the House of Delegates.