reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 5 - Clean Indoor Air Act › Section 24-508 - Violations; Penalties

(a)    Subject to subsection (c) of this section and except as provided in subsection (d) of this section, a person who violates a provision of this subtitle or a regulation adopted under § 24–507(a) of this subtitle:
(1)    For a first violation, shall be issued a written reprimand by the Secretary or the Secretary’s designee;
(2)    For a second violation, is subject to a civil penalty of $100; and
(3)    For each subsequent violation, is subject to a civil penalty not less than $250.
(b)    The Secretary may waive a penalty established under subsection (a) of this section, giving consideration to factors that include:
(1)    The seriousness of the violation; and
(2)    Any demonstrated good faith measures to comply with the provisions of this subtitle.
(c)    (1)    This subsection does not apply to an alleged violation of subsection (d) of this section.
(2)    It is an affirmative defense to a complaint brought against a person for a violation of a provision of this subtitle or a regulation adopted under this subtitle that the person or an employee of the person:
(i)    Posted a “No Smoking” sign as required under § 24–506 of this subtitle;
(ii)    Removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and
(iii)    If the violation occurred in a bar, tavern, or restaurant:
1.    Refused to seat or serve any individual who was smoking in a prohibited area; and
2.    If the individual continued to smoke after an initial warning, asked the individual to leave the establishment.
(d)    An employer who discharges or discriminates against an employee because that employee has made a complaint, has given information to the Department in accordance with this subtitle, has caused to be instituted or is about to cause to be instituted a proceeding under this subtitle, or has testified or is about to testify in a proceeding under this subtitle, shall be deemed in violation of this subtitle and shall be subject to a civil penalty of at least $2,000 but not more than $10,000 for each violation.
(e)    (1)    An employee may not:
(i)    Make a groundless or malicious complaint under this subtitle to the Secretary or an authorized representative of the Secretary;
(ii)    In bad faith, bring an action under this subtitle; or
(iii)    In bad faith, testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.
(2)    The Secretary may bring an action for injunctive relief and damages against a person who violates the provisions of paragraph (1) of this subsection.
(f)    A penalty collected by the Secretary under this section shall be paid to the Cigarette Restitution Fund established under § 7–317 of the State Finance and Procurement Article.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 5 - Clean Indoor Air Act › Section 24-509 - Waiver Requirements

(a)    Within 90 days from the receipt of an application for a waiver and the date that all conditions for the application for a waiver required in the regulations adopted by the Secretary have been satisfied, the health officer of a county  may grant a waiver from the application of a specific provision of this subtitle, if prior to the granting of the waiver, the applicant  for a waiver establishes in writing:
(1)    Compliance with a specific provision of this subtitle would cause undue financial hardship; or
(2)    The existence of other factors that would render compliance unreasonable.
(b)    The Secretary may impose conditions or restrictions on a waiver granted under subsection (a) of this section to:
(1)    Minimize the adverse effects of the waiver on individuals involuntarily exposed to secondhand smoke; and
(2)    Ensure that the waiver is consistent with the purposes of this subtitle.
(c)    The Secretary shall adopt regulations necessary to implement this section.
(d)    (1)    A waiver may not be granted under subsection (a) of this section on or after January 31, 2011.
(2)    A waiver granted under subsection (a) of this section terminates on January 31, 2011.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Facility” means:
(1)    A public community mental health facility, addiction facility, or developmental disabilities facility that is wholly owned by and operated under the authority of a county or a municipal corporation, or both; or
(2)    A nonprofit community mental health facility, addiction facility, or developmental disabilities facility that is wholly owned by and operated under the authority of a nonprofit organization.
(c)    “Nonprofit organization” means:
(1)    A bona fide religious organization, no part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of the facility, the purchase of equipment to be used in the facility, or the expansion of the facility; or
(2)    An organization:
(i)    That is chartered as a nonprofit corporation and classified by the Internal Revenue Service as nonprofit; and
(ii)    No part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of the facility, the purchase of equipment to be used in the facility, or the expansion of the facility.
(d)    “Wholly owned” includes leased, if:
(1)    (i)    The lease is for a minimum term of 30 years following project completion; or
(ii)    The lease agreement extends the right of purchase to the lessee; and
(2)    (i)    The lessor consents to the recording, in the land records of the political subdivision in which the facility is located, of a notice of the State’s right of recovery, as provided under § 24-606 of this subtitle; or
(ii)    The lease agreement is with the State for a State-owned building or State-owned property.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-602 - Grants Authorized

The Board of Public Works, upon recommendation of the Secretary of the Department, may make grants to qualified applicants for the construction, acquisition, renovation, and equipping of community mental health facilities, addiction facilities, and developmental disabilities facilities, including the plans, specifications, site improvements, surveys, and applicable architects’ and engineers’ fees.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-603 - Applications for Grants

(a)    (1)    Any county, municipal corporation, or nonprofit organization sponsoring a project involving the construction, acquisition, renovation, or equipping of a facility in the State may apply to the Department for a State grant to be applied toward the cost of that project.
(2)    The application shall be directed to the Secretary of the Department.
(3)    On approval of a project and the project plans by the Department, the Secretary shall promptly report the application to the Board of Public Works, together with the Secretary’s recommendation that the Board make funds available as provided in this subtitle.
(b)    Before the Department approves any project, the applicant shall file with the Department:
(1)    A statement listing the personnel employed or to be employed at the facility and showing all remuneration and perquisites for personal services and all other expenses paid or to be paid to these personnel, as well as all other expenses incurred or to be incurred in operating the facility; and
(2)    The schedule of rates charged or to be charged for services rendered.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-604 - Terms and Conditions for Allocation and Use of State Funds

(a)    The allocation and use of State funds under this subtitle are subject to the following terms and conditions.
(b)    (1)    State funds may be used only for the construction, acquisition, renovation, and equipping of facilities including the reports, plans, specifications, site improvements, surveys, and other related programs.
(2)    Any federal grant that is available for this purpose shall be applied first to the cost of construction, acquisition, renovation, or equipping of a facility.
(3)    A State grant shall provide up to 75% of the eligible cost remaining after the federal grant has been applied.
(4)    For projects designated under federal regulations, State plans, or the departmental regulations as eligible for poverty area funding, State grants shall amount to up to 90% of the eligible cost remaining after the federal grant has been applied.
(5)    For purposes of this subtitle, community development block grant funds shall be considered as local matching funds and may not be considered as federal grant funds.
(c)    The amount of the State grant for any project shall be determined after consideration of all eligible applications, the total of unallocated State funds available at the time the application is received, and the priorities of area need as may be established by the Department.
(d)    (1)    No portion of the proceeds of a State grant may be used:
(i)    For the furtherance of sectarian religious instruction; or
(ii)    In connection with the design, acquisition, or construction of any building used or to be used as a place of sectarian religious worship or instruction, or in connection with any program or department of divinity for any religious denomination.
(2)    On the request of the Board of Public Works, the applicant shall submit evidence satisfactory to the Board that none of the proceeds of the grant have been or are being used for a purpose prohibited by this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-605 - Allocation of Funds

(a)    The Board of Public Works shall make allocations from funds available under this subtitle in accordance with this subtitle.
(b)    The Board shall certify the allocations to the proper State officers, and the Treasurer shall make payments to the applicant, when needed, for the construction, acquisition, renovation, or equipping of a facility.
(c)    The Board may adopt regulations for receiving and considering applications and for disbursing funds to applicants.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 6 - Community Mental Health, Addiction, and Developmental Disabilities Facilities Capital Program › Section 24-607 - Regulations; Annual Financial Statements

(a)    The Department shall adopt regulations to implement the provisions of this subtitle.
(b)    The regulations shall include requirements for annual financial statements from each facility for at least the term of the bond used to finance any project at the facility.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 7 - Adult Day Care Centers Program › Section 24-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Adult day care center” means a nonresidential center that:
(1)    Serves the elderly, medically handicapped adults, or victims of Alzheimer’s disease and related disorders;
(2)    Meets the definition in § 14-201(b) or § 14-301(b) of this article; and
(3)    Is licensed by the Department.
(c)    “Facility” means an adult day care center that is wholly owned by and operated under the authority of:
(1)    A county or a municipal corporation; or
(2)    A nonprofit organization.
(d)    “Nonprofit organization” means:
(1)    A bona fide religious organization, no part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of the facility, the purchase of equipment to be used in the facility, or the expansion of the facility; or
(2)    An organization:
(i)    That is chartered as a nonprofit corporation and classified by the Internal Revenue Service as nonprofit; and
(ii)    No part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of the facility, the purchase of equipment to be used in the facility, or the expansion of the facility.
(e)    “Wholly owned” includes leased, if:
(1)    (i)    The lease is for a minimum term of 30 years following project completion; or
(ii)    The lease agreement extends the right of purchase to the lessee; and
(2)    The lessor consents to the recording, in the land records of the county or Baltimore City in which the facility is located, of a notice of the State’s right of recovery, as provided under § 24-706 of this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 7 - Adult Day Care Centers Program › Section 24-702 - Grants Authorized; Uses

Upon the recommendation of the Secretary, the Board of Public Works may make grants to counties, municipal corporations, and nonprofit organizations for:
(1)    The conversion of public buildings or parts of buildings to adult day care centers;
(2)    The acquisition of existing buildings or parts of buildings for use as adult day care centers;
(3)    The renovation of adult day care centers;
(4)    The purchase of capital equipment for adult day care centers; or
(5)    The planning, design, and construction of adult day care centers.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 7 - Adult Day Care Centers Program › Section 24-703 - Grant Applications and Approvals

(a)    Any county, municipal corporation, or nonprofit organization sponsoring a project involving work specified in § 24–702 of this subtitle may apply to the Department for a State grant to be applied toward the cost of that project.
(b)    (1)    The application shall be directed to the Secretary of Health.
(2)    On approval of a project and the project plans by the Department, the Secretary shall promptly report the application to the Board of Public Works, together with the Secretary’s recommendation that the Board make funds available as provided in this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 7 - Adult Day Care Centers Program › Section 24-705 - Allocation of Funds

(a)    The Board of Public Works shall make allocations from funds available under this subtitle in accordance with this subtitle.
(b)    The Board shall certify the allocations to the proper State officers, and the Treasurer shall make payments to or on behalf of the applicant, when needed, for the approved project.
(c)    The Board of Public Works may adopt regulations to implement this section.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commissioner of Health” means the Baltimore City Commissioner of Health.
(c)    “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(d)    “Participant” means an individual who has registered with the Program.
(e)    “Program” means the AIDS Prevention Sterile Needle and Syringe Exchange Pilot Program.
(f)    “Residue” means the dried remains of a controlled dangerous substance attached to or contained within a hypodermic needle or syringe.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-802 - Baltimore City Health Department Program

(a)    There is an AIDS Prevention Sterile Needle and Syringe Exchange Pilot Program in the Baltimore City Health Department.
(b)    The Program shall:
(1)    Provide for the exchange by participants of used hypodermic needles and syringes for sterile hypodermic needles and syringes; and
(2)    Operate in accordance with the procedures approved, with the advice and approval of the oversight committee, by the Commissioner of Health.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-803 - Design and Operation

The Program shall:
(1)    Be designed and maintained to provide maximum security of exchange locations and equipment, including security measures that may be required to control the use and dispersal of hypodermic needles and syringes and security measures that allow for a full accounting of the number of hypodermic needles and syringes in circulation and the number of hypodermic needles and syringes in storage;
(2)    Be operated to allow participants to exchange used hypodermic needles and syringes at any exchange location, if more than one location is available;
(3)    Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing community referrals, counseling, and preventive education;
(4)    Provide for the dissemination of other preventive means for curtailing the spread of the HIV infection;
(5)    Provide a linkage for referrals to drug counseling and treatment services, and follow–up to those referrals to assure that participants receive the treatment they desire;
(6)    Educate injecting drug users on the dangers of contracting the HIV infection or the hepatitis B virus through needle–sharing practices and unsafe sexual behaviors;
(7)    Include policies and procedures for the screening of applicants to the Program in order to preclude noninjecting drug users from participating in the Program;
(8)    Establish procedures for identifying Program participants that are consistent with the confidentiality provisions of this subtitle; and
(9)    Establish a method of identification and authorization for Program staff members who have access to hypodermic needles, syringes, or Program records.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-804 - Oversight Committee

(a)    The Mayor of Baltimore City shall appoint an oversight committee for the Program.
(b)    The oversight committee shall consist of:
(1)    Two representatives from academia who specialize in public health issues;
(2)    One representative from law enforcement, nominated by the Secretary of the Department of Public Safety and Correctional Services;
(3)    One representative of the Baltimore City Police Department;
(4)    Two representatives from the Maryland Department of Health, the Department of Juvenile Services, or the Department of Education, nominated by the Secretary of Health;
(5)    One representative of a Baltimore City community group;
(6)    One representative of an AIDS advocacy group;
(7)    One drug abuse treatment counselor;
(8)    One recovering injecting drug user; and
(9)    Up to three other individuals whom the Mayor of Baltimore City determines to be appropriate for appointment to the oversight committee.
(c)    The oversight committee shall:
(1)    Provide advice to the Commissioner of Health and the Program Director on developing:
(i)    Program operating procedures for the furnishing and exchange of hypodermic needles and syringes to injecting drug users;
(ii)    A plan for community outreach and education;
(iii)    A protocol for providing a linkage for Program participants to substance abuse treatment and rehabilitation; and
(iv)    A plan for evaluating the Program; and
(2)    Provide ongoing oversight of the Program and make recommendations to the Program Director or the Commissioner of Health regarding any aspect of Program procedures, operation, or evaluation.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-805 - Director

(a)    The Commissioner of Health shall appoint a Director for the Program.
(b)    With the advice and approval of the oversight committee, the Director shall develop:
(1)    Program operating procedures for the furnishing and exchange of hypodermic needles and syringes to injecting drug users;
(2)    A community outreach and education program; and
(3)    A protocol for providing a linkage for Program participants to substance abuse treatment and rehabilitation.
(c)    The Director shall submit the operating procedures, the plan for a community outreach and education program, and the substance abuse treatment linkage protocol to the Commissioner of Health for approval prior to implementation.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-806 - Collection of Data; Evaluation of Particular Issues; Methodology

(a)    The Baltimore City Health Department shall include in its Program operating procedures measures to collect the following data:
(1)    The number of participants served by the Program;
(2)    The length of time a participant is served by the Program;
(3)    Demographic profiles of participants served by the Program that include:
(i)    Age;
(ii)    Sex;
(iii)    Race;
(iv)    Occupation;
(v)    Zip code of residence;
(vi)    Types of drugs used;
(vii)    Length of drug use; and
(viii)    Frequency of injection;
(4)    The number of hypodermic needles and syringes exchanged;
(5)    The number of participants entering drug counseling and treatment; and
(6)    The number of referrals made by the Program for drug counseling and treatment.
(b)    With the advice and approval of the oversight committee, the Baltimore City Health Department shall develop and implement a plan for Program evaluation that shall include the following issues:
(1)    The prevalence of HIV among Program participants;
(2)    Changes in the level of drug use among Program participants;
(3)    Changes in the level of needle–sharing among Program participants;
(4)    Changes in the use of condoms among Program participants;
(5)    The status of treatment and recovery for Program participants who entered drug treatment programs;
(6)    The impact of the Program on risk behaviors for the transmission of the HIV infection, the hepatitis B virus, and other life–threatening blood–borne diseases among injecting drug users;
(7)    The cost–effectiveness of the Program versus the direct and indirect costs of the HIV infection in terms of medical treatment and other services normally required by HIV–infected individuals;
(8)    The strengths and weaknesses of the Program; and
(9)    The advisability of continuing the Program.
(c)    As part of its plans for data collection and Program evaluation described under subsections (a) and (b) of this section, the Baltimore City Health Department shall develop and implement a methodology:
(1)    For identifying Program hypodermic needles and syringes, such as through the use of bar coding or any other method approved by the oversight committee; and
(2)    To perform HIV antibody testing on the residue left in a sample of hypodermic needles and syringes returned to the Program.
(d)    On or before December 31 of each year, the Baltimore City Health Department shall report to the oversight committee, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the number of hypodermic needles and syringes exchanged as part of the Program.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-807 - Participant Identification; Confidentiality

(a)    (1)    Each Program participant shall be issued an identification card with an identification number.
(2)    The identification number shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b)    Any information obtained by the Program that would identify Program participants, including Program records, is:
(1)    Confidential;
(2)    Not open to public inspection or disclosure; and
(3)    Not discoverable in any criminal or civil proceeding.
(c)    (1)    Notwithstanding the provisions of subsection (b) of this section, upon the written consent of a Program participant, information obtained by the Program that identifies the Program participant may be released or disclosed to a person or agency participating in the Program.
(2)    In addition to the provisions of paragraph (1) of this subsection, if a Program participant raises the issue of participation in the Program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality as to identity provided under subsection (b)(1) of this section.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-808 - Criminal Liability Concerning Distribution of Controlled Paraphernalia

(a)    No Program staff member or Program participant may be found guilty of violating § 5-601, § 5-619, § 5-620, § 5-902, or § 5-904 of the Criminal Law Article for possessing or distributing controlled paraphernalia or drug paraphernalia whenever the possession or distribution of the controlled paraphernalia or drug paraphernalia is a direct result of the employee’s or participant’s activities in connection with the work of the Program authorized under this subtitle.
(b)    Notwithstanding the provisions of subsection (a) of this section, a Program staff member or Program participant is not immune from criminal prosecution for:
(1)    The redistribution of hypodermic needles or syringes in any form;
(2)    Any activities not authorized or approved by the Program; or
(3)    The possession or distribution of controlled paraphernalia or drug paraphernalia or any other unlawful activity outside of the Baltimore City limits.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 8 - Aids Prevention Sterile Needle and Syringe Exchange Pilot Program › Section 24-809 - Criminal Liability for Use, Possession, and Distribution of Controlled Substances

Except for violations of any laws that could arise from residue attached to or contained within hypodermic needles or syringes being returned or already returned to the Program, nothing in this subtitle provides immunity to a Program staff member or Program participant from criminal prosecution for a violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled dangerous substances, dangerous drugs, detrimental drugs, or harmful drugs or any conspiracy or attempt to commit any of those offenses.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Community–based organization” means a public or private organization that is representative of a community or significant segments of a community and provides educational, health, or social services to individuals in the community.
(c)    “Drug” has the meaning stated in § 8–101 of this article.
(d)    “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome (AIDS).
(e)    “Participant” means an individual who has registered with a Program.
(f)    “Program” means an Opioid–Associated Disease Prevention and Outreach Program.
(g)    “Residue” means the remains of a controlled dangerous substance attached to or contained within a hypodermic needle or syringe.
(h)    “Substance–related disorder” has the meaning stated in § 7.5–101 of this article.
(i)    “Viral hepatitis” means inflammation of the liver caused by the hepatitis A, B, C, D, and E viruses.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-902 - Establishment of Programs

(a)    (1)    A Program may be established by a local health department or a community–based organization, subject to the provisions of this subtitle.
(2)    (i)    A county may cooperate with another county to establish a Program.
(ii)    A community–based organization may establish a multicounty Program.
(3)    This subtitle does not apply to the AIDS Prevention Sterile Needle and Syringe Exchange Pilot Program established under Subtitle 8 of this title.
(b)    (1)    (i)    A local health department or community–based organization shall apply to the Department and a local health officer for authorization to operate a Program.
(ii)    A local health department or community–based organization may apply at any time for authorization to operate a Program under subparagraph (i) of this paragraph.
(2)    The Department and a local health officer jointly shall issue an authorization determination based on the ability of a Program to meet the requirements of this subtitle.
(3)    The Department and a local health officer shall:
(i)    Approve or deny an application for authorization to operate a Program within 60 days after receiving a complete application; and
(ii)    Provide to the applicant a written explanation of the decision of the Department and local health officer.
(4)    (i)    A local health department or community–based organization may appeal an adverse decision by the Department and a local health officer to the Deputy Secretary for Public Health Services.
(ii)    The Deputy Secretary shall:
1.    Grant or deny an appeal within 60 days after receiving an appeal; and
2.    Provide a written explanation of the Deputy Secretary’s decision to the local health department or community–based organization.
(c)    If established under subsection (a) of this section, a Program shall:
(1)    Provide for substance use outreach, education, and linkage to treatment services to participants, including distribution and collection of hypodermic needles and syringes; and
(2)    Operate in accordance with:
(i)    The technical assistance of the Standing Advisory Committee; and
(ii)    The procedures, plans, and protocols approved by:
1.    The local health officer for each county in which a Program is established; and
2.    The Department.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-903 - Operation and Services; Development of Procedures, Outreach Plans, and Protocols

(a)    A Program shall:
(1)    Be designed and maintained to provide security of Program locations and equipment, in accordance with regulations adopted by the Department;
(2)    Be operated to allow participants to obtain and return hypodermic needles and syringes at any Program location, if more than one location is available;
(3)    Include appropriate levels of staff expertise in working with individuals who inject drugs;
(4)    Include adequate staff training in providing community referrals, counseling, and preventive education;
(5)    Provide for the dissemination of other preventive means for curtailing the spread of HIV and viral hepatitis;
(6)    Provide linkage to additional services, including:
(i)    Substance–related disorder counseling, treatment, and recovery services;
(ii)    Testing for HIV, viral hepatitis, and sexually transmitted diseases;
(iii)    Reproductive health education and services;
(iv)    Wound care; and
(v)    The services of an overdose response program under Title 13, Subtitle 31 of this article;
(7)    Educate participants on the dangers of contracting HIV and viral hepatitis;
(8)    Provide overdose prevention education and access to naloxone, or a referral for a participant to obtain naloxone;
(9)    Establish procedures for identifying Program participants that are consistent with the confidentiality provisions of this subtitle;
(10)    Establish a method of identification and authorization for Program staff members and Program volunteers who have access to hypodermic needles, syringes, or Program records; and
(11)    Develop a plan for data collection and Program evaluation in accordance with regulations adopted by the Department.
(b)    A Program may offer additional services, including:
(1)    Substance–related disorder counseling, treatment, and recovery services;
(2)    Testing for HIV, viral hepatitis, and sexually transmitted diseases;
(3)    Reproductive health education and services;
(4)    Wound care; and
(5)    The services of an overdose response program under Title 13, Subtitle 31 of this article.
(c)    With the technical assistance of the Standing Advisory Committee, a Program shall develop:
(1)    Program operating procedures for the distribution, collection, and safe disposal of hypodermic needles and syringes;
(2)    A community outreach and education plan; and
(3)    A protocol for linking Program participants to substance–related disorder treatment and recovery services.
(d)    After receiving technical assistance from the Standing Advisory Committee, a Program shall submit the operating procedures, plan for community outreach and education, and protocol for linking Program participants to substance–related disorder treatment and recovery services developed under subsection (c) of this section for approval to:
(1)    The local health officer for each county in which a Program is established; and
(2)    The Department.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-904 - Standing Advisory Committee on Opioid-Associated Disease Prevention and Outreach Programs

(a)    The Department shall appoint a Standing Advisory Committee on Opioid–Associated Disease Prevention and Outreach Programs.
(b)    The Standing Advisory Committee shall consist of:
(1)    The Deputy Secretary for Public Health Services;
(2)    One individual from academia who specializes in public health issues related to substance–related disorders or infectious diseases;
(3)    One representative from law enforcement, nominated by the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services;
(4)    One individual with expertise in the prevention of HIV or viral hepatitis;
(5)    One health care practitioner with experience providing services to individuals who inject drugs;
(6)    One individual with substance use experience;
(7)    One family member of an individual who injects or has injected drugs;
(8)    One representative of local law enforcement;
(9)    One local health officer;
(10)    One representative of a local or regional hospital;
(11)    One individual with experience in syringe services programs; and
(12)    Any additional members recommended by the Department.
(c)    The Deputy Secretary for Public Health Services shall serve as chair of the Standing Advisory Committee.
(d)    The Standing Advisory Committee shall:
(1)    Provide technical assistance to each Program on developing:
(i)    Program operating procedures for collection and distribution of hypodermic needles and syringes;
(ii)    A plan for community outreach and education; and
(iii)    A protocol for linking Program participants to substance–related disorder treatment and recovery services; and
(2)    Make recommendations to a Program regarding any aspect of Program procedures or operation.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-905 - Duties of Department

(a)    The Department shall:
(1)    Adopt regulations for the implementation of this subtitle, in consultation with the Standing Advisory Committee and the Maryland Association of County Health Officers; and
(2)    Ensure the provision of technical assistance to a Program about best practices, best practice protocols, and other subject areas.
(b)    The regulations adopted under subsection (a)(1) of this section shall establish:
(1)    Procedures for ensuring the security of Program locations and equipment;
(2)    An appeals process for appeals authorized by § 29–902(b)(4) of this subtitle, including the standard of review that the Deputy Secretary for Public Health Services must apply when reviewing a decision of the Department and a local health officer; and
(3)    Procedures for data collection and Program evaluation.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-906 - Identification of Participants; Confidentiality of Information

(a)    (1)    Each Program participant shall be issued a unique identification card with a unique identification number.
(2)    The unique identification number may not be cross–indexed to any personal identifying data on the participant.
(b)    Any information obtained by a Program that identifies Program participants, including Program records, is:
(1)    Confidential;
(2)    Not open to public inspection or disclosure; and
(3)    Not discoverable in any criminal or civil proceeding.
(c)    (1)    Notwithstanding the provisions of subsection (b) of this section, on the written consent of a Program participant, information obtained by a Program that identifies the Program participant may be released or disclosed to an individual or agency for purposes of linking to services under § 24–903(a)(6) of this subtitle.
(2)    In addition to the provisions of paragraph (1) of this subsection, if a Program participant raises the issue of participation in a Program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the Program participant waives the confidentiality as to identity provided under subsection (b) of this section.
(3)    Substance–related treatment records requested or provided under this section are subject to any additional limitations on disclosure or re–disclosure of a medical record developed in connection with the provision of substance–related treatment services under State law or 42 U.S.C. § 290dd–2 and 42 C.F.R. Part 2.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-907 - Data Collection and Reporting

A Program shall collect and report at least annually the following data to the Department:
(1)    The number of participants served by the Program;
(2)    The number of new participants registered by the Program during the reporting period;
(3)    Demographic profiles of participants served by the Program, including:
(i)    Age;
(ii)    Gender;
(iii)    Race;
(iv)    Zip code; and
(v)    Types of drugs used;
(4)    The number of hypodermic needles and syringes distributed and collected;
(5)    Each location at which hypodermic needles and syringes were distributed; and
(6)    The number of linkages provided to participants under § 24–903(a)(6) of this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-908 - Immunity From Prosecution; Permitted Prosecutions

(a)    A Program staff member, Program volunteer, or Program participant may not be arrested, charged, or prosecuted for violating § 5–601, § 5–619, § 5–620, or § 5–902(c) or (d) of the Criminal Law Article for possessing or distributing controlled paraphernalia or drug paraphernalia whenever the possession or distribution of the controlled paraphernalia or drug paraphernalia is a direct result of the employee’s, volunteer’s, or participant’s activities in connection with the work of a Program authorized under this subtitle.
(b)    Notwithstanding the provisions of subsection (a) of this section, a Program staff member, Program volunteer, or Program participant is not immune from criminal prosecution for any activities not authorized or approved by a Program.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 9 - Opioid-Associated Disease Prevention and Outreach Programs › Section 24-909 - No Immunity From Drug-Related Criminal Prosecutions; Exceptions

Except for violations of any laws that could arise from residue attached to or contained within hypodermic needles or syringes being returned or already returned to a Program, nothing in this subtitle provides immunity to a Program staff member, Program volunteer, or Program participant from criminal prosecution for a violation of any law prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled dangerous substances, dangerous drugs, detrimental drugs, or harmful drugs or any conspiracy or attempt to commit any of those offenses.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 10 - Assisted Living Facilities Grant Program › Section 24-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Assisted living facility” means a residential facility or facility-based program that:
(1)    Meets the definition in § 19-1801 of this article; and
(2)    Is licensed by the Department.
(c)    “Facility” means an assisted living facility that is wholly owned by and operated under the authority of:
(1)    A county;
(2)    A municipal corporation; or
(3)    A nonprofit organization.
(d)    “Nonprofit organization” means:
(1)    A bona fide religious organization, no part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of a facility, the purchase of equipment to be used in a facility, or the expansion of a facility; or
(2)    An organization:
(i)    That is chartered as a nonprofit corporation and classified by the Internal Revenue Service as nonprofit; and
(ii)    No part of the earnings of which inures to the benefit of any individual or is used for any purpose other than the maintenance and operation of a facility, the purchase of equipment to be used in a facility, or the expansion of a facility.
(e)    “Wholly owned” includes leased, if:
(1)    (i)    The lease is for a minimum term of 30 years following project completion; or
(ii)    The lease agreement extends the right of purchase to the lessee; and
(2)    The lessor consents to the recording in the land records of the county or Baltimore City in which the facility is located, of a notice of the State’s right of recovery as provided under § 24-1006 of this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 10 - Assisted Living Facilities Grant Program › Section 24-1002 - Grants -- Purposes

On the recommendation of the Secretary, the Board of Public Works may make grants to counties, municipal corporations, and nonprofit organizations for:
(1)    The conversion of public buildings or parts of buildings to assisted living facilities;
(2)    The acquisition of existing buildings or parts of buildings for use as assisted living facilities;
(3)    The renovation of assisted living facilities;
(4)    The purchase of capital equipment for assisted living facilities; or
(5)    The planning, design, and construction of assisted living facilities.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 10 - Assisted Living Facilities Grant Program › Section 24-1003 - Application for Grants

(a)    Any county, municipal corporation, or nonprofit organization sponsoring a project involving work specified in § 24-1002 of this subtitle may apply to the Secretary for a State grant to be applied toward the cost of that project.
(b)    On approval of a project and the project plans by the Department, the Secretary shall promptly report the application to the Board of Public Works, together with the Secretary’s recommendation that the Board make funds available as provided in this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 10 - Assisted Living Facilities Grant Program › Section 24-1005 - Allocations -- Available Funds; Certification

(a)    The Board of Public Works shall make allocations from funds available under this subtitle in accordance with this subtitle.
(b)    The Board shall certify the allocations to the proper State officers, and the Treasurer shall make payments to or on behalf of the applicant, when needed, for the approved project.
(c)    The Board of Public Works may adopt regulations to implement this section.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 11 - Community Services Trust Fund › Section 24-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Proceeds” means the gross proceeds minus the costs associated with the sale, lease, or disposition of property and equipment, as determined by the Department of General Services.
(c)    “Trust Fund” means the Community Services Trust Fund.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 11 - Community Services Trust Fund › Section 24-1102 - Established; Purpose

(a)    There is a Community Services Trust Fund in the Office of the Treasurer.
(b)    The purpose of the Trust Fund is to receive and hold the proceeds from the sale or long–term lease of property and equipment of a Developmental Disabilities Administration facility or a Behavioral Health Administration facility.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 11 - Community Services Trust Fund › Section 24-1103 - Nature of Trust Fund; Accounting; Investments; Deposit of Funds

(a)    The Trust Fund is a continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(b)    (1)    The Treasurer shall hold the Trust Fund and the Comptroller shall account for the Trust Fund.
(2)    (i)    The Trust Fund shall be invested and reinvested in the same manner as other State funds.
(ii)    Any investment earnings of the Trust Fund shall be paid into the Trust Fund.
(3)    The Treasurer shall deposit funds into the two accounts of the Trust Fund in accordance with § 24-1104 of this subtitle.
2023 Maryland Statutes › Health - General › Title 24 - Miscellaneous Provisions › Subtitle 11 - Community Services Trust Fund › Section 24-1104 - Structure of Trust Fund

(a)    The Trust Fund consists of two accounts.
(b)    (1)    One account holds the proceeds from the sale or long–term lease of property and equipment resulting from the sale or long–term lease of Developmental Disabilities Administration facilities.
(2)    One account holds the proceeds from the sale or long–term lease of property and equipment resulting from the sale or long–term lease of Behavioral Health Administration facilities.