Md. Code, Health - General, Title 8

in effect

Md. Code, Health - General § 8-6A-01

(a) In this section, “Fund” means the Maryland Substance Abuse Fund. (b) (1) There is a Maryland Substance Abuse Fund. (2) The Fund is a special nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (3) The Fund consists of the fee required under § 6–229 of the Criminal Procedure Article, money appropriated in the State budget to the Fund, all earnings from investment of money in the Fund, and other money accepted for the benefit of the Fund from a governmental or private source. (4) The State Treasurer shall hold the Fund separately. (5) The State Comptroller shall account for the Fund. (6) The Fund shall be invested and reinvested in the same manner as other State funds. (7) The Comptroller shall pay out money from the Fund as directed by the Administration or as approved in the State budget. (8) The Fund is subject to audit by the Office of Legislative Audits under § 2–1220 of the State Government Article. (9) No part of the Fund may revert or be credited to: (i) The General Fund of the State; or (ii) Any other special fund of the State. (c) The Fund shall be used by the Administration for the following purposes in order of priority: (1) Planning expenses and related costs incurred by local drug and alcohol councils established under Subtitle 10 of this title; (2) Planning expenses and related costs incurred by any State unit designated to coordinate planning by local drug and alcohol councils and review grant requests from local governments; and (3) Substance abuse evaluation and treatment services, including services provided through a drug treatment court. (d) (1) Administrative expenditures under this section may be made only in accordance with the State budget. (2) The Administration shall administer the Fund in accordance with this section and all other applicable law. (3) Disbursements from the Fund shall supplement and may not substitute for any other funds appropriated in the State budget for substance abuse evaluation and treatment services.

Md. Code, Health - General § 8-6C-01

(a) In this subtitle the following words have the meanings indicated. (b) “Eligible functions” includes: (1) Transportation to and from treatment services; (2) Treatment, prevention, or coordination staff; (3) Data sharing services among counties and other appropriate treatment providers; (4) Education or outreach programs and materials; (5) In–community emergency behavioral health services or crisis stabilization units; and (6) Behavioral health programs in schools. (c) “Eligible population” includes: (1) Mothers of drug–addicted infants; (2) Parents of children in need of assistance; (3) Hospital emergency room admittees; (4) Needy families receiving temporary cash assistance; (5) Foster care children and parents; (6) Children in after–school programs and their parents, including children and parents in programs supported by the Maryland After–School Opportunity Fund; (7) Adolescents; (8) Parents subject to arrearages in child support payments; (9) Drug offenders under the supervision of the Division of Parole and Probation; (10) Pretrial correctional incarcerated individuals; (11) Prerelease correctional incarcerated individuals; (12) The general incarcerated individual population within county–managed correctional facilities; (13) Parents of children entering out–of–home placements or at risk of entering out–of–home placements; and (14) Drug offenders under the supervision of the problem solving courts. (d) “Partnership funding” means money granted from the Substance Abuse Treatment Outcomes Partnership Fund to match local funding. (e) “Proposal” means a plan under this subtitle to provide new or expanded substance abuse treatment services. (f) “Request for Partnership funding” means a proposal, submitted by the governing bodies of one or more jurisdictions, to provide substance abuse treatment services to one or more eligible populations or to provide eligible functions within the requesting jurisdiction or jurisdictions.

Md. Code, Health - General § 8-6C-02

(a) There shall be a Substance Abuse Treatment Outcomes Partnership Fund, established within the Maryland Department of Health. (b) The Fund shall be administered according to this subtitle. (c) (1) The Fund shall receive money as provided by the Governor in the State budget. (2) The Fund also may accept funds from local, nonprofit, or private organizations.

Md. Code, Health - General § 8-6C-03

The Department shall adopt regulations to: (1) Establish timelines and procedures for requests for Partnership funding, consistent with this subtitle; (2) Establish guidelines that require programs to bill third–party insurers; and (3) Manage the Fund and authorize distribution of money from the Fund in accordance with this subtitle.

Md. Code, Health - General § 8-6C-04

(a) In this section, “county” includes Baltimore City. (b) A request for Partnership funding may be submitted to the Department by: (1) The governing body of a county; or (2) The governing body of more than one county. (c) A request for Partnership funding shall be made in accordance with a schedule and format determined by the Department, in consultation with the Task Force to Study Increasing the Availability of Substance Abuse Programs. (d) In a request for Partnership funding, the applicant or applicants shall include: (1) A description of the proposal; (2) (i) An indication of the eligible targeted population or populations that the proposal will serve; or (ii) The eligible functions that will be funded under the proposal; (3) A description of the services to be provided under the proposed new or expanded program and an identification of the local providers able to provide those services; (4) A plan to reach the targeted populations using relevant means of contact; (5) Performance and outcome indicators to evaluate the program effectiveness, including a description of the expected schedule and methods for measuring performance and outcome; and (6) A statement of the funds or in–kind contributions that the applicant intends to commit. (e) In evaluating a request for Partnership funding, the Department shall consider: (1) The performance and outcome indicators specified; (2) The degree to which the proposal may reduce the need for other State or local public services or programs intended for the populations targeted by the proposal; (3) The extent to which the proposal incorporates the use of excess or otherwise available medical–related facilities, including vacant hospital beds; (4) How the proposal fits into a balanced approach to the State’s variety of substance abuse needs and populations that serves different geographic areas of the State with Partnership funding; and (5) The extent to which the proposal is part of or consistent with a regional strategy for substance abuse treatment programs affecting adjoining jurisdictions. (f) (1) The Department shall award Partnership funding following the considerations in this section. (2) (i) Except as provided in subparagraph (ii) of this paragraph, a county granted funding shall be responsible for one–half of the cost of the approved partnership. (ii) The Department may award Partnership funding that results in a county being responsible for less than one–half of the cost of the approved partnership after considering: 1. The financial hardship of the participating county; 2. Prior contributions of funds for substance abuse treatment programs made by the participating county; or 3. Other relevant considerations deemed appropriate by the Department. (3) Except as provided in paragraph (4) of this subsection, a participating county: (i) May use Partnership funds only to supplement levels of spending by the participating county on drug treatment programs; and (ii) May not use Partnership funds to supplant spending by the participating county on drug treatment programs. (4) If a participating county began spending county or other non–State funds on eligible functions after October 1, 2010, the participating county may use Partnership funding to continue or expand funding for eligible functions.

Md. Code, Health - General § 8-6D-01

(a) There is an Addiction Treatment Divestiture Fund in the Department. (b) The purpose of the Fund is to support addiction treatment services to persons with substance–related disorders. (c) The Secretary shall administer the Fund. (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. (e) The Fund consists of: (1) Revenue distributed to the Fund under § 9–804 of the Criminal Law Article; (2) Money appropriated in the State budget to the Fund; and (3) Any other money from any other source accepted for the benefit of the Fund. (f) The Fund may be used only to support the actions of the Secretary to provide treatment for substance–related disorders. (g) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. (h) Expenditures from the Fund may be made only in accordance with the State budget.

Md. Code, Health - General § 8-101

(a) In this title the following words have the meanings indicated. (b) (1) “Addictive disorder” means a chronic disorder of the brain’s reward–activation system in which the individual pathologically pursues reward or relief by substance abuse or other behaviors, with diminished control, and the individual persists in the behavior despite adverse consequences. (2) “Addictive disorder” includes gambling, which is the only nonsubstance–related addictive disorder recognized by Maryland law. (c) “Administration” means the Behavioral Health Administration. (d) “Administrator” means the program director or the clinical director of an alcohol or drug abuse treatment facility or a health care facility. (e) “Alcohol abuse” means a disease that is characterized by a pattern of pathological use of alcohol with repeated attempts to control its use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psycho–social. (f) “Alcohol dependence” means a disease characterized by: (1) Alcohol abuse; and (2) Physical symptoms of withdrawal or tolerance. (g) “Alcohol misuse” means: (1) Unlawful use of alcohol; (2) Alcohol abuse; or (3) Alcohol dependence. (h) “Director” means the Director of the Administration. (i) “Drug” means: (1) A controlled dangerous substance that is regulated under the Maryland Controlled Dangerous Substances Act; (2) A prescription medication; or (3) A chemical substance when used for unintended and harmful purposes. (j) “Drug abuse” means a disease which is characterized by a pattern of pathological use of a drug with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psycho–social. (k) “Drug dependence” means a disease characterized by: (1) Drug abuse; and (2) Physical symptoms of withdrawal or tolerance. (l) “Drug misuse” means: (1) Unlawful use of a drug; (2) Drug abuse; or (3) Drug dependence. (m) “Halfway house” means a clinically managed, low intensity residential treatment service for individuals with substance–related disorders who are capable of self–care but are not ready to return to independent living. (n) “Large halfway house” means a halfway house that admits at least 9 but not more than 16 individuals. (o) (1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric disorder. (2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. (3) “Mental disorder” does not include an intellectual disability. (p) “Recovery residence” means a service that: (1) Provides alcohol–free and illicit–drug–free housing to individuals with substance–related disorders or addictive disorders or co–occurring mental disorders and substance–related disorders or addictive disorders; and (2) Does not include clinical treatment services. (q) “Small halfway house” means a halfway house that admits at least 4 but not more than 8 individuals. (r) (1) “Substance–related disorder” means: (i) Alcohol use disorder, alcohol abuse, alcohol dependence, alcohol misuse, alcohol intoxication, or alcohol withdrawal; (ii) Nonalcohol substance use disorder, drug dependence, drug misuse, nonalcohol substance induced intoxication, or nonalcohol substance withdrawal; or (iii) Any combination of the disorders listed in items (i) and (ii) of this paragraph. (2) “Substance–related disorder” includes substance use disorders and substance induced disorders. (s) “Withdrawal management” means direct or indirect services for an acutely intoxicated individual to fulfill the physical, social, and emotional needs of an individual by: (1) Monitoring the amount of alcohol and other toxic agents in the body of the individual; (2) Managing withdrawal symptoms; and (3) Motivating an individual to participate in the appropriate substance–related disorder programs.

Md. Code, Health - General § 8-205

(a) Each person who is authorized to administer, use professionally, or dispense a drug and each public official who has duties with respect to drugs or to users of them shall report to the Administration any relevant information that the Administration requires to carry out the purposes of this title, subject to the provisions of State and federal laws and regulations governing confidentiality. (b) An employee or unit of the State or of any of its political subdivisions shall release to the Administration, on its request, information that deals with drug abuse or alcohol abuse or drug dependence or alcohol dependence, including the name of an individual with a drug or alcohol problem if needed to carry out the purposes of this title, subject to the provisions of State and federal laws and regulations governing confidentiality.

Md. Code, Health - General § 8-206

(a) With the approval of the Secretary of Budget and Management, the Administration shall accept, on behalf of the State, a conditional or unconditional gift or grant. (b) The Administration shall pay all funds collected under this section into a special fund of the State Treasury and use the special fund to carry out the provisions of this title.

Md. Code, Health - General § 8-401

(a) (1) The Administration shall: (i) Promote, develop, establish, conduct, certify, and monitor programs for the prevention, treatment, and rehabilitation related to the misuse of alcohol and drugs; and (ii) Promote and conduct training and research related to the misuse of alcohol and drugs. (2) (i) In cooperation with the Motor Vehicle Administration, courts, police, and other agencies, the Administration shall approve appropriate programs of alcohol and drug abuse education or treatment for individuals who are convicted under § 21–902 of the Transportation Article. (ii) The programs under this paragraph shall be coordinated with and integrated into broad planning for comprehensive community health and welfare services. (3) The Administration shall: (i) Review and, in accordance with regulations that the Administration shall adopt, approve or disapprove each program that a public or private agency wants to offer under § 6–219(c) or § 6–220(e) of the Criminal Procedure Article; (ii) Promptly give the Administrative Office of the Courts notice of each program approved under this paragraph; (iii) Monitor and biennially review each program approved under this paragraph; (iv) Investigate each complaint made in connection with a program; and (v) Promptly give the Administrative Office of the Courts notice if the Department withdraws its approval of any program. (b) The Administration may: (1) Develop pilot programs; (2) For these purposes and notwithstanding any other law, establish, direct, and conduct any experimental pilot clinical program for the treatment of alcohol or drug abusers, including any program to administer, under medical supervision and control, maintenance dosages of prescribed drugs; (3) Either alone or with other public or private agencies, direct and conduct basic research in alcohol or drug abuse, including clinical epidemiological, social science, and statistical research; (4) In cooperation with the Department of Public Safety and Correctional Services or any other appropriate correctional agency, establish and maintain, in any correctional institution in this State, programs for the prevention and treatment of alcohol and drug abuse and for the rehabilitation of alcohol and drug abusers; and (5) Require a facility that provides treatment for substance use disorder to: (i) Provide beds and services for patients’ children; and (ii) Allow a patient’s child to be in the presence of the child’s parent for the duration of the child’s parent’s treatment.

Md. Code, Health - General § 8-405

(a) A halfway house shall be licensed in accordance with Title 7.5 of this article. (b) The Secretary shall adopt regulations for establishing, licensing, and operating halfway houses.

Md. Code, Health - General § 8-406

(a) A small halfway house: (1) Is deemed conclusively a single–family dwelling for purposes of zoning; and (2) Is permitted to locate in all residential zones. (b) A large halfway house is deemed conclusively a multifamily dwelling and is permitted to locate in zones of similar density. (c) A halfway house is not subject to any special exception, conditional use permit, or procedure that differs from that required for a single–family dwelling or a multifamily dwelling of similar density in the same zone. (d) A general zoning ordinance that conflicts with the provisions of this section is superseded by this section, to the extent of the conflict.

Md. Code, Health - General § 8-407

(a) The Department shall identify up–to–date, evidence–based, written information about opioid use disorder that: (1) Has been reviewed by medical experts and national and local organizations specializing in the treatment of opioid use disorder; (2) Is designed for use by health care providers and individuals with opioid use disorder and their families; (3) Is culturally and linguistically appropriate for potential recipients of the information; and (4) Includes information addressing: (i) The signs and symptoms of opioid use disorder; (ii) The risks associated with untreated opioid use disorder; (iii) Appropriate clinical treatment for opioid use disorder, including: 1. Counseling services; and 2. All medications approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder; (iv) Appropriate use of overdose reversal agents; (v) Appropriate support services, including: 1. Peer fellowship and support groups, such as Narcotics Anonymous and Alcoholics Anonymous; 2. Community–based services; and 3. Residential or recovery housing services; and (vi) Appropriate treatments for pain that may be used to reduce or replace opioid medication treatments for chronic pain. (b) (1) The Department shall provide the information identified by the Department under subsection (a) of this section to health care facilities and health care providers that provide treatment for opioid use disorder. (2) A health care facility or health care provider shall make the information available to each patient treated by the facility or provider for opioid use disorder.

Md. Code, Health - General § 8-408

(a) (1) In this section the following words have the meanings indicated. (2) “Community services program” includes a homeless services program. (3) “Homeless services program” means a program operated by the Department of Housing and Community Development through a local administering agency or service provider for the purpose of providing shelter, food, and services to homeless family units in the State. (4) “Intensive outpatient program” means a treatment program that addresses substance use disorders or other disorders that do not require detoxification or inpatient supervision and are designated by the American Society of Addiction Medicine as a level 2.1 setting. (5) “Opioid treatment program” means a program approved by the Department to provide opioid maintenance therapy under regulations adopted by the Department. (b) On or before June 30, 2024, a community services program that provides services to individuals who have a substance use disorder or an opioid use disorder or are at risk of experiencing a drug overdose shall have a protocol to offer opioid overdose reversal drugs approved by the federal Food and Drug Administration, free of charge, to those individuals who have an opioid use disorder or are at risk of experiencing a drug overdose when the individual receives services from the community services program. (c) On or before June 30, 2023, each opioid treatment program and each intensive outpatient treatment program shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, when an individual receives services from the opioid treatment program or intensive outpatient treatment program. (d) On or before June 30, 2024: (1) State and local correctional facilities shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, to sentenced individuals who have an opioid use disorder or who are at risk of experiencing a drug overdose before the individual’s release; and (2) The Division of Parole and Probation shall have a protocol to offer an opioid overdose reversal drug approved by the federal Food and Drug Administration, free of charge, to individuals under supervision who have an opioid use disorder or are at risk of experiencing a drug overdose. (e) The Secretary may adopt regulations to carry out this section.

Md. Code, Health - General § 8-501

(a) (1) In cooperation with State and local police, the Administration may adopt regulations under which personnel other than the police are authorized to exercise the powers under this section whenever feasible so that the exercise of those powers by the police are reduced to a minimum. (2) The police and other authorized personnel who act under this section are acting within the scope of their official duty. (b) If a publicly intoxicated individual consents or an individual’s health is in immediate danger, the police or other authorized personnel may take or send a publicly intoxicated individual to: (1) The individual’s home; (2) A detoxification center; or (3) Any other appropriate health care facility as defined in § 19-114(d) of this article. (c) Unless a criminal charge is filed, an entry of an action under this section may not be made on the arrest or other criminal record of the intoxicated individual. (d) An individual taken or sent to a detoxification center or a health care facility under subsection (b) of this section may be admitted to the facility with the consent of the director of the facility or the designee of the director.

Md. Code, Health - General § 8-502

(a) After a preliminary evaluation of an individual by the administrator or the designee of the administrator, the individual may be admitted to the facility if it is certified in writing that the individual: (1) Has acute symptoms of alcohol or drug intoxication or withdrawal; and (2) (i) Appears to be in imminent danger of harming one’s self, or another individual, or the property of another individual; or (ii) Is willing to be voluntarily admitted. (b) An individual admitted under this section may be detained up to 72 hours after admission. (c) An individual detained under this section shall be informed in writing at the time of admission of the right of the individual to leave the facility after 72 hours. (d) This section does not require a facility to admit an individual when: (1) Space is not available; (2) A patient demonstrates medical and psychiatric conditions beyond the certified capabilities of the program staff; or (3) As a result of an evaluation of an individual, the individual is determined to be an inappropriate admission to the facility.

Md. Code, Health - General § 8-502.1

§8–502.1. (a) A parent or guardian of the person of a minor may apply, on behalf of the minor, for admission of the minor to a certified inpatient alcohol and drug abuse program or facility or a certified intensive outpatient alcohol and drug abuse program under this section. (b) A program or facility may not admit an individual under this section unless the program or facility has determined that: (1) The individual has an alcohol or other drug dependency that necessitates the level of care provided by the program or facility; (2) The individual would benefit from treatment; (3) The parent or guardian making application for admission of the individual understands the nature of the request for admission and the nature of the treatment provided by the program or facility; and (4) Assent to the admission has been given by the Director or the Director’s designee of the program or facility. (c) In order for an individual to be retained for treatment under this section: (1) The parent or guardian who applied for admission of the individual shall have the right to be actively involved in treatment; and (2) The program or facility shall note on the application for admission whether or not the minor was admitted in accordance with the provisions of § 20–102(c–1) of this article. (d) A program or facility has the right to discharge an individual admitted for treatment under this section if the individual is not complying with the treatment program or the facility’s policies and procedures.

Md. Code, Health - General § 8-503

(a) If, after the police arrest an intoxicated individual for a criminal offense, the individual seems to require emergency medical treatment, the police immediately shall take the individual to a detoxification center or other appropriate health care facility as defined in § 19–114(d) of this article. (b) (1) If necessary, after medical treatment, the police shall transport the individual to a program that provides detoxification services. (2) The individual may be admitted to a program that provides detoxification services in accordance with the provisions of § 8–501(d) of this subtitle.

Md. Code, Health - General § 8-504

In carrying out §§ 8-501, 8-502, and 8-503 of this subtitle, the police or other authorized personnel shall make every reasonable effort to protect the health and safety of the intoxicated individual.

Md. Code, Health - General § 8-505

(a) (1) (i) Except as provided in paragraph (2) of this subsection, before or during a criminal trial, before or after sentencing, or before or during a term of probation, the court may order the Department to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and may benefit from treatment if: 1. It appears to the court that the defendant has an alcohol or drug abuse problem; or 2. The defendant alleges an alcohol or drug dependency. (ii) A court shall set and may change the conditions under which an examination is to be conducted under this section. (iii) The Department shall ensure that each evaluation under this section is conducted in accordance with regulations adopted by the Department. (2) (i) If a defendant is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, a court may not order the Department to evaluate a defendant under this section until the defendant is eligible for parole. (ii) Nothing in this paragraph may be construed to prohibit a defendant who is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article from participating in any other treatment program or receiving treatment under the supervision of the Department under any other provision of law. (b) On consideration of the nature of the charge, the court: (1) May require or permit an examination to be conducted on an outpatient basis; and (2) If an outpatient examination is authorized, shall set bail for the defendant or authorize the release of the defendant on personal recognizance. (c) (1) If a defendant is to be held in custody for examination under this section: (i) The defendant may be confined in a detention facility until the Department is able to conduct the examination; or (ii) The court may order confinement of the defendant in a medical wing or other isolated and secure unit of a detention facility, if the court finds it appropriate for the health or safety of the defendant. (2) (i) If the court finds that, because of the apparent severity of the alcohol or drug dependency or other medical or psychiatric complications, a defendant in custody would be endangered by confinement in a jail, the court may order the Department to either: 1. Place the defendant, pending examination, in an appropriate health care facility; or 2. Immediately conduct an evaluation of the defendant. (ii) Unless the Department retains a defendant, the defendant shall be promptly returned to the court after an examination. (iii) A defendant who is detained for an examination under this section may question at any time the legality of the detention by a petition for a writ of habeas corpus. (d) (1) If a court orders an evaluation under this section, the evaluator shall: (i) Conduct an evaluation of the defendant; and (ii) Submit a complete report of the evaluation within 7 days to the: 1. Court; 2. Department; and 3. Defendant or the defendant’s attorney. (2) On good cause shown, a court may extend the time for an evaluation under this section. (3) Whenever an evaluator recommends treatment, the evaluator’s report shall: (i) Name a specific program able to immediately provide the recommended treatment; and (ii) Give an actual or estimated date when the program can begin treatment of the defendant. (e) (1) The Department shall immediately provide the services required by this section. (2) A designee of the Department may carry out any of its duties under this section. (f) Evaluations performed in facilities operated by the Department of Public Safety and Correctional Services shall be conducted by the Administration.

Md. Code, Health - General § 8-506

(a) Subject to the eligibility restrictions under § 8–505(a) of this subtitle, a court may commit a defendant to the Department for inpatient evaluation as to drug or alcohol abuse if: (1) The court finds it is not clinically appropriate for the defendant to be evaluated in a detention facility or an appropriate outpatient facility; and (2) After an initial evaluation, the Department: (i) Recommends a comprehensive inpatient evaluation of the defendant; (ii) Certifies that an appropriate facility is either currently, or within a reasonable time will be able to, conduct the evaluation; (iii) Provides to the court a date by which the evaluation can be conducted; and (iv) Gives the court prompt notice when an evaluation can be conducted. (b) (1) The Department shall provide the services required by this section. (2) A designee of the Department may carry out any of the Department’s duties under this section if appropriate funding is provided. (c) The Department shall facilitate the prompt evaluation of a defendant under this section and ensure that each evaluation is conducted in accordance with regulations adopted by the Department. (d) A court may order law enforcement officials, detention center staff, Department of Public Safety and Correctional Services staff, or sheriff’s department staff within the appropriate local jurisdiction to transport the defendant to and from an evaluation facility. (e) (1) A commitment under this section may not require evaluation for more than 7 days unless the medical condition of a defendant warrants an extension of a maximum of 14 days. (2) Except during the first 72 hours after admission of a defendant to an evaluation facility, the Department may terminate the evaluation if the Department determines that continued evaluation: (i) Is not in the best interest of the defendant; or (ii) Does not serve any useful purpose. (3) Whenever an evaluation recommends treatment, the evaluator’s report shall: (i) Name a specific program able to provide the recommended treatment; and (ii) Give an actual or estimated date when the program can begin treatment of the defendant. (f) (1) On completion of an evaluation under this section, the Department shall notify the court. (2) Before a defendant is released from an evaluation facility under this section, the Department shall give the court that ordered the evaluation and the correctional facility, if any, to whose custody the defendant is to be released notice of the proposed date and time of release and have the defendant returned to the court as provided in the evaluation order. (g) (1) If a defendant leaves an evaluation facility without authorization, the responsibility of the Department is limited to notification of the court that ordered the defendant’s evaluation, as soon as it is reasonably possible. (2) Notice under this subsection shall constitute probable cause for a court to issue a warrant for the arrest of a defendant.

Md. Code, Health - General § 8-507

(a) (1) Except as provided in paragraph (2) of this subsection and subject to the limitations in this section, a court that finds in a criminal case or during a term of probation that a defendant has an alcohol or drug dependency may commit the defendant as a condition of release, after conviction, or at any other time the defendant voluntarily agrees to participate in treatment, to the Department for treatment that the Department recommends, even if: (i) The defendant did not timely file a motion for reconsideration under Maryland Rule 4–345; or (ii) The defendant timely filed a motion for reconsideration under Maryland Rule 4–345 which was denied by the court. (2) (i) If a defendant is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, a court may not order the Department to treat a defendant under this section until the defendant is eligible for parole. (ii) Nothing in this paragraph may be construed to prohibit a defendant who is serving a sentence for a crime of violence, as defined in § 14–101 of the Criminal Law Article, from participating in any other treatment program or receiving treatment under the supervision of the Department under any other provision of law. (b) Before a court commits a defendant to the Department under this section, the court shall: (1) Offer the defendant the opportunity to receive treatment; (2) Obtain the written consent of the defendant: (i) To receive treatment; and (ii) To have information reported back to the court; (3) Order an evaluation of the defendant under § 8–505 or § 8–506 of this subtitle; (4) Consider the report on the defendant’s evaluation; and (5) Find that the treatment that the Department recommends to be appropriate and necessary. (c) Immediately on receiving an order for treatment under this section, the Department shall order a report of all pending cases, warrants, and detainers for the defendant and forward a copy of the report to the court, the defendant, and the defendant’s last attorney of record. (d) (1) The Department shall provide the services required by this section. (2) A designee of the Department may carry out any of the Department’s duties under this section. (e) (1) A court may not order that the defendant be delivered for treatment until: (i) Any detainer based on an untried indictment, information, warrant, or complaint for the defendant has been removed; and (ii) Any sentence of incarceration for the defendant is no longer in effect. (2) The Department shall facilitate the immediate treatment of a defendant unless the court finds exigent circumstances to delay commitment for treatment for longer than 30 days. (3) If a defendant who has been committed for treatment under this section is not placed in treatment within 21 days of the order, the court may order the Department to appear to explain the reason for the lack of placement. (f) For a defendant committed for treatment under this section, a court shall order supervision of the defendant: (1) By an appropriate pretrial release agency, if the defendant is released pending trial; (2) By the Division of Parole and Probation under appropriate conditions in accordance with §§ 6–219 through 6–225 of the Criminal Procedure Article and Maryland Rule 4–345, if the defendant is released on probation; or (3) By the Department, if the defendant remains in the custody of a local correctional facility. (g) A court may order law enforcement officials, detention center staff, Department of Public Safety and Correctional Services staff, or sheriff’s department staff within the appropriate local jurisdiction to transport a defendant to and from treatment under this section. (h) The Department shall promptly report to a court a defendant’s withdrawal of consent to treatment and have the defendant returned to the court within 7 days for further proceedings. (i) A defendant who is committed for treatment under this section may question at any time the legality of the commitment by a petition for a writ of habeas corpus. (j) (1) A commitment under this section shall be for at least 72 hours and not more than 1 year. (2) On good cause shown by the Department, the court, or the State, the court may extend the time period for providing the necessary treatment services in increments of 6 months. (3) Except during the first 72 hours after admission of a defendant to a treatment program, the Department may terminate the treatment if the Department determines that: (i) Continued treatment is not in the best interest of the defendant; or (ii) The defendant is no longer amenable to treatment. (k) When a defendant is to be released from treatment under this section, the Department shall notify the court that ordered the treatment. (l) (1) If a defendant leaves treatment without authorization, the responsibility of the Department is limited to the notification of the court that ordered the defendant’s treatment as soon as it is reasonably possible. (2) Notice under this subsection shall constitute probable cause for a court to issue a warrant for the arrest of a defendant. (m) Nothing in this section imposes any obligation on the Department: (1) To treat any defendant who knowingly and willfully declines to consent to further treatment; or (2) In reporting to the court under this section, to include an assessment of a defendant’s dangerousness to one’s self, to another individual, or to the property of another individual by virtue of a drug or alcohol problem. (n) Time during which a defendant is held under this section for inpatient evaluation or inpatient or residential treatment shall be credited against any sentence imposed by the court that ordered the evaluation or treatment. (o) This section may not be construed to limit a court’s authority to order drug treatment in lieu of incarceration under Title 5 of the Criminal Law Article.

Md. Code, Health - General § 8-508

(a) An individual may ask voluntarily for admission to an outpatient treatment program, whether or not the individual has been admitted to the program before. (b) After an individual asks for admission to an outpatient treatment program, the administrative head of the program shall determine whether the individual is to be admitted. However, the administrative head may not deny readmission of an individual solely because the individual previously left the program against the advice of the administrative head. (c) An outpatient treatment program shall use public and private community efforts, including welfare services, vocational rehabilitation, and job replacement, to integrate a chronic alcoholic into society as a productive citizen. (d) (1) A chronic alcoholic may not be dropped from an outpatient treatment program solely because of a relapse into intoxication. (2) Every reasonable method of treatment shall be used to prevent a relapse. (3) If recovery of the chronic alcoholic is unlikely, the outpatient treatment program shall provide supportive services and residential facilities so that the individual may survive in a decent manner.

Md. Code, Health - General § 8-509

The Administration shall promote the admission and treatment of intoxicated individuals and alcoholics in private and public hospitals without discrimination.

Md. Code, Health - General § 8-601

(a) If any individual seeks counseling, treatment, or therapy, for any form of drug or alcohol abuse, from a health professional licensed under the Health Occupations Article treating patients within the scope of the professional’s practice, or hospital, or a person who is certified by the Administration for counseling or treating drug or alcohol abuse, the oral or written statements that the individual makes and the observations and conclusions that the health professional, hospital, or other person derives or the results of an examination to determine the existence of an illegal or prohibited drug in the body of an individual are not admissible in any proceeding against the individual, other than and subject to the federal regulations concerning the confidentiality of alcohol and drug abuse patient records: (1) A proceeding that relates to parole or probation or conditional release from a not criminally responsible finding, if the examination had been ordered as a condition of parole or probation or the conditional release from a not criminally responsible finding; or (2) A proceeding under Subtitle 5 of this title, if the examination had been ordered for that proceeding. (b) The results of a proceeding under Subtitle 5 of this title and evidence in the proceeding may not be used against that individual in any other proceeding. (c) The disclosure and use of the records of individuals served by alcohol abuse and drug abuse treatment programs shall be governed by the federal regulations on the confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2.

Md. Code, Health - General § 8-701

(a) A person may not knowingly have or attempt to have an individual unlawfully or improperly adjudicated to be a drug or alcohol abuser or to have an alcohol or drug dependence under Subtitle 5 of this title. (b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.

Md. Code, Health - General § 8-801

This title may be cited as the Maryland Alcohol and Drug Abuse Act.

Md. Code, Health - General § 8-901

(a) In this subtitle the following words have the meanings indicated. (b) “Designee” means a nonprofit or quasi-governmental entity designated by the Baltimore City Health Department to receive funds from the Administration to plan, manage, monitor, and disburse funds to substance abuse prevention and treatment programs. (c) “Nonprofit entity” means: (1) A land-based organization that qualifies under § 501(c) of the Internal Revenue Code of 1986, as amended; or (2) Any similar land-based entity that does not operate for profit. (d) (1) “Quasi-governmental entity” means a land-based organization created by a unit of government to plan for the use of, monitor, disburse, and manage public funds. (2) “Quasi-governmental entity” includes Baltimore Substance Abuse Systems, Inc.

Md. Code, Health - General § 8-902

(a) The Baltimore City Health Department may designate a nonprofit or quasi-governmental entity in Baltimore City to receive funds from the Administration to plan, manage, monitor, and disburse funds to substance abuse prevention and treatment programs. (b) The Baltimore City Health Department may revoke its designation of a nonprofit or quasi-governmental entity at any time except to the extent that the Administration, the designee, or both have acted in reliance on the designation. (c) If the Baltimore City Health Department designates a nonprofit or quasi-governmental entity to receive funds, the Administration shall disburse funds budgeted for the Baltimore City Health Department directly to the Department’s designee. (d) The Administration shall have a direct relationship with the designee. (e) The Administration shall have the same rights and remedies with the designee as it would otherwise have with the Baltimore City Health Department.

Md. Code, Health - General § 8-1001

(a) Each county shall have a local drug and alcohol abuse council. (b) On application from a county, the Governor or the Governor’s designee may designate a county criminal justice coordinating council, substance abuse advisory council, or other agency or organization as the local drug and alcohol abuse council for that county. (c) Except as provided in subsection (b) of this section, a local drug and alcohol abuse council shall consist of the following individuals: (1) The health officer of the local health department, or the health officer’s designee; (2) The director of the local department of social services, or the director’s designee; (3) The Regional Director of the Department of Juvenile Services, or the Director’s designee; (4) The Regional Director of the Division of Parole and Probation, or the Director’s designee; (5) The State’s Attorney for the county, or the State’s Attorney’s designee; (6) The district public defender for the district in which the county is located, or the district public defender’s designee; (7) The chief of the county police department, if the county has a police force, or the sheriff, if the county does not have a police force, or that individual’s designee; (8) The president of the local board of education, or the president’s designee; (9) A representative of the county executive, the Mayor of Baltimore City, or the county commissioners or county council in counties with no county executive, as appropriate; (10) For charter counties and in Baltimore City, a representative of the county council or the city council in Baltimore City, appointed by the chairperson or president of the county council or city council; (11) The county administrative judge of the circuit court for the county, or the judge’s designee; (12) The administrative judge of the district court for that district, or the judge’s designee; and (13) The following individuals appointed by the county executive, the Mayor of Baltimore City, or the county commissioners or county council in counties with no county executive, as appropriate: (i) At least one recipient of addictions treatment services; (ii) Two substance abuse providers, at least one of whom has experience with services to individuals with co-occurring substance abuse and mental health disorders; (iii) At least one substance abuse prevention provider; (iv) At least one individual who is knowledgeable and active on substance abuse issues that affect the county; (v) The superintendent, warden, or director of the local correctional facility located in the county or in Baltimore City the warden of the Baltimore City Detention Center; and (vi) At least one other individual who is knowledgeable about treatment of substance abuse in the county, including members of civic organizations, the chamber of commerce, health care professional organizations, or the clergy. (d) (1) The term of a member appointed under subsection (c) of this section is 4 years. (2) The terms of members are staggered as required by the terms provided for members of the council on July 1, 2004. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (e) The local drug and alcohol abuse council shall: (1) Determine its own governing structure, including issues relating to appointment of a member to serve as chairman; (2) Develop and submit a plan to the Administration as required in this section; (3) Submit a summary report to the Governor or the Governor’s designee on or before December 1, 2004, on its membership, organization, rules, progress in developing a plan, and compliance with this section; and (4) (i) On July 1, 2005, and every 2 years thereafter, submit a local plan as described in subsection (f) of this section to the Governor, or the Governor’s designee; and (ii) Report every 6 months to the Administration on its progress in implementing the plan. (f) A local plan shall: (1) Include the plans, strategies, and priorities of the county for meeting the identified needs of the general public and the criminal justice system for alcohol and drug abuse evaluation, prevention, and treatment services; (2) Include a survey of all federal, State, local, and private funds used in the county for alcohol and drug abuse evaluation, prevention, and treatment; and (3) Be in a format as prescribed by the Administration. (g) A county or unit of a county applying for funds from a State unit for any alcohol or drug abuse evaluation, prevention, or treatment services within that county shall submit that application to the local drug and alcohol abuse council for its consideration. (h) (1) The local drug and alcohol abuse council may recommend to any federal or State unit or private foundation that an application for any funds for drug or alcohol abuse evaluation, prevention, or treatment services in the county be approved. (2) (i) A local drug and alcohol abuse council shall consider whether the grant application is consistent with the local plan and the strategies and priorities set out in the local plan. (ii) A recommendation by a local drug and alcohol abuse council may include any additional information the council considers useful to the governmental unit or private foundation in its consideration of the application. (i) (1) The Administration may provide each local drug and alcohol abuse council with any necessary technical assistance. (2) The Administration shall provide any funds available from the Maryland Substance Abuse Fund or other sources for operation of a local council on submission of a request for funds and approval of a budget in accordance with Administration regulations. (j) The planning, reporting, and reviewing requirements for a local drug and alcohol abuse council under this section do not apply unless appropriate State funding for fulfilling the requirements has been provided.

Md. Code, Health - General § 8-1101

(a) (1) In this section the following words have the meanings indicated. (2) “Health care facility” means: (i) A hospital; (ii) A federally qualified health center; (iii) An outpatient mental health clinic; (iv) An outpatient or residential addiction treatment provider; and (v) A local health department. (3) “Opioid addiction treatment medication” means a medication approved by the federal Food and Drug Administration for the treatment of opioid use disorders. (b) Each health care facility that is not part of a health care system and each health care system shall make available to patients the services of health care providers who are trained and authorized under federal law to prescribe opioid addiction treatment medications, including buprenorphine–containing formulations. (c) To comply with subsection (b) of this section, a health care facility or a health care system may: (1) Directly employ, contract with, or refer a patient to a health care provider who is trained and authorized under federal law to prescribe opioid addiction treatment medications, including buprenorphine–containing formulations; or (2) Deliver the services in person or, if appropriate, through telehealth.

Md. Code, Health - General § 8-1102

(a) (1) In this section the following words have the meanings indicated. (2) “Nonpreferred medication” means a medication prescribed to treat an opioid use disorder that contains methadone, buprenorphine, or naltrexone and is not on the State’s preferred drug list. (3) “Preferred medication” means a medication prescribed to treat an opioid use disorder that contains methadone, buprenorphine, or naltrexone and is on the State’s preferred drug list. (b) The Department shall: (1) Adopt a reporting system to monitor the prescribing of medications to treat opioid use disorders in the State, including which medications are being prescribed; (2) Analyze patterns of prescribing medications in the State to identify prescribers who regularly prescribe nonpreferred medications, including a comparison of the patterns to the findings of the report submitted under subsection (d) of this section; (3) Conduct outreach to individuals authorized to prescribe drugs and devices in the State using educational materials regarding the benefits of prescribing preferred medications; and (4) Identify barriers to individuals who need medication to treat an opioid use disorder to obtaining the medication in a timely manner. (c) On or before October 1 each year, beginning in 2023, the Department shall report on its findings and actions taken under subsection (b) of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly. (d) On or before October 1, 2022, the Department shall submit a report with an initial analysis of the items listed under subsection (b) of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026