EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0793*
SENATE BILL 793
J1 5lr3219
SB 408/24 – FIN CF HB 572
By: Senator Mautz
Introduced and read first time: January 28, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Public Health – Opioid Overdose Reversal Drugs 2
FOR the purpose of requiring a licensed health care provider, when issuing a standing order 3
for an opioid overdose reversal drug, to allow an individual to choose any formulation 4
of any opioid overdose reversal drug approved by the federal Food and Drug 5
Administration; prohibiting certain private and public entities that prescribe and 6
dispense opioid overdose reversal drugs from being required to keep in stock or 7
dispense all opioid overdose reversal drugs approved by the federal Food and Drug 8
Administration; and generally relating to opioid overdose reversal drugs. 9
BY repealing and reenacting, without amendments, 10
Article – Health – General 11
Section 13–3101(a), (c), and (e) and 13–3104 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Health – General 16
Section 13–3106 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – Health – General 21
Section 13–3110 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 793
Article – Health – General 1
13–3101. 2
(a) In this subtitle the following words have the meanings indicated. 3
(c) “Private or public entity” means a health care provider, local health 4
department, community–based organization, substance abuse treatment organization, or 5
other person that addresses medical or social issues related to drug addiction. 6
(e) “Standing order” means a written instruction for the prescribing and 7
dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 8
Administration in accordance with § 13–3106 of this subtitle. 9
13–3104. 10
An authorized private or public entity shall enter into a written agreement with a 11
licensed health care provider with prescribing authority to establish protocols for the 12
prescribing and dispensing of an opioid overdose reversal drug approved by the federal Food 13
and Drug Administration to any individual in accordance with this subtitle. 14
13–3106. 15
(a) A licensed health care provider with prescribing authority may prescribe and 16
dispense an opioid overdose reversal drug approved by the federal Food and Drug 17
Administration to an individual who: 18
(1) Is believed by the licensed health care provider to be at risk of 19
experiencing an opioid overdose; or 20
(2) Is in a position to assist an individual at risk of experiencing an opioid 21
overdose. 22
(b) (1) A licensed health care provider with prescribing authority may 23
prescribe and dispense opioid overdose reversal drugs approved by the federal Food and 24
Drug Administration by issuing a standing order if the licensed health care provider: 25
(i) Is employed by the Department or a local health department; or 26
(ii) Has a written agreement with an authorized private or public 27
entity under § 13–3104 of this subtitle. 28
(2) WHEN ISSUING A STANDI NG ORDER FOR AN OPIO ID OVERDOSE 29
REVERSAL DRUG UNDER PARAGRAPH (1) OF THIS SUBSECTION , A LICENSED HEALTH 30
CARE PROVIDER SHALL ALLOW THE INDIVIDUAL TO CHOOSE ANY FORMUL ATION OF 31
ANY OPIOID OVERDOSE REVERSAL DRUG APPROV ED BY THE FEDERAL FOOD AND 32
DRUG ADMINISTRATION . 33 SENATE BILL 793 3
[(2)] (3) A licensed health care provider with prescribing authority who 1
issues a standing order under paragraph (1) of this subsection may delegate the dispensing 2
of opioid overdose reversal drugs approved by the federal Food and Drug Administration to 3
an employee or a volunteer of an authorized private or public entity in accordance with a 4
written agreement under § 13–3104 of this subtitle. 5
[(3)] (4) Any licensed health care provider who has dispensing authority 6
also may dispense an opioid overdose reversal drug approved by the federal Food and Drug 7
Administration to any individual in accordance with a standing order issued by a licensed 8
health care provider with prescribing authority in accordance with this subsection. 9
(c) A pharmacist may dispense opioid overdose reversal drugs approved by the 10
federal Food and Drug Administration in accordance with a therapy management contract 11
under Title 12, Subtitle 6A of the Health Occupations Article. 12
13–3110. 13
AN AUTHORIZED PRIVATE OR PUBLIC ENTITY THA T PRESCRIBES AND 14
DISPENSES OPIOID OVE RDOSE REVERSAL DRUGS MAY NOT BE REQUIRED TO KEEP 15
IN STOCK OR DISPENSE ALL OPIOID OVERDOSE REVERSAL DRUGS APPRO VED BY THE 16
FEDERAL FOOD AND DRUG ADMINISTRATION . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2025. 19