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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1285*
HOUSE BILL 1285
J1, F5 6lr2664
By: Delegate Guzzone
Introduced and read first time: February 12, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Health – Opioid Overdose Reversal Drugs – Possession, Storage, and 2
Administration Past Expiration Date 3
FOR the purpose of altering certain provisions of law relating to the possession, storage, 4
and administration of an opioid overdose reversal drug to allow for the possession, 5
storage, or administration of an expired opioid overdose reversal drug within a 6
certain amount of time after the expiration date; and generally relating to opioid 7
overdose reversal drugs. 8
BY repealing and reenacting, without amendments, 9
Article – Education 10
Section 7–426.5(a) 11
Annotated Code of Maryland 12
(2025 Replacement Volume and 2025 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Education 15
Section 7–426.5(b) 16
Annotated Code of Maryland 17
(2025 Replacement Volume and 2025 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Education 20
Section 11–1202 and 13–518(a) 21
Annotated Code of Maryland 22
(2022 Replacement Volume and 2025 Supplement) 23
BY repealing and reenacting, without amendments, 24
Article – Education 25
Section 13–518(b) and (c) 26
Annotated Code of Maryland 27
2 HOUSE BILL 1285
(2022 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Health – General 3
Section 8–408, 13–3101, 13–3501, and 21–2A–01(g) 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2025 Supplement) 6
BY repealing and reenacting, without amendments, 7
Article – Health – General 8
Section 13–3102, 13–3502, and 21–2A–01(a), (h), and (q) 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Education 14
7–426.5. 15
(a) Each county board shall establish a policy in accordance with school hea lth 16
guidelines and State laws and regulations for public schools within its jurisdiction to 17
authorize the school nurse, school health services personnel, and other school personnel to 18
administer naloxone or other overdose –reversing medication to a student or other person 19
located on school property who is reasonably believed to be experiencing an opioid overdose. 20
(b) The policy established under subsection (a) of this section shall include: 21
(1) A provision requiring all public schools to obtain and store at the public 22
school naloxone or other overdose –reversing medication to be used in an emergency 23
situation; [and] 24
(2) A PROVISION ALLOWING T HE POSSESSION, STORAGE, AND 25
ADMINISTRATION OF EXPIRED NALOXONE FOR 1 YEAR AFTER THE EXPIRATION 26
DATE; AND 27
[(2)] (3) A requirement that each public school develop and implement a 28
method for notifying the parents or guardians of students of the school’s policy under this 29
section at the beginning of each school year. 30
11–1202. 31
(a) Each institution of higher edu cation shall establish a policy that addresses 32
heroin and opioid addiction and prevention. 33
HOUSE BILL 1285 3
(b) The policy established under this subtitle shall [require]: 1
(1) REQUIRE each institution to: 2
[(1)] (I) Require incoming full –time students to participate in an 3
in–person heroin and opioid addiction and prevention awareness training, unless in–person 4
training is impracticable, then to participate in an electronic heroin and opioid addiction 5
and prevention awareness training; 6
[(2)] (II) Provide incoming part –time students with resources that alert 7
and educate the students regarding heroin and opioid addiction and prevention; and 8
[(3)] (III) Obtain and store at the institution naloxone or other 9
overdose–reversing medication to be used in an emergency situation; AND 10
(2) ALLOW EACH INSTITUTION TO POSSESS, STORE, AND ADMINISTER 11
EXPIRED NALOXONE FOR 1 YEAR AFTER THE EXPIRATION DATE. 12
13–518. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Automated external defibrillator (AED)” has the meaning stated in § 15
13–517 of this subtitle. 16
(3) (I) “Naloxone” means the medication approved by the federal Food 17
and Drug Administration for community use for the reversal of a known or suspected opioid 18
overdose. 19
(II) “NALOXONE” INCLUDES MEDICATION DESCRIBED UNDER 20
SUBPARAGRAPH (I) OF THIS PARAGRAPH THAT HAS BEEN EXPIRED FOR LESS THAN 21
1 YEAR. 22
(4) “Public building” means: 23
(i) A public mass transportation accommodation, such as a terminal 24
or station, that is supported by public funds; 25
(ii) An improvement of a public area used for gathering or 26
amusement, including a public park or recreation center; or 27
(iii) A facility that is supported by public funds and primarily used to 28
provide secondary or higher education. 29
(b) (1) The EMS Board, in collaboration with the Maryland Department of 30
Health, shall develop and implement an initiative under the Public Access Automated 31
4 HOUSE BILL 1285
External Defibrillator Program to require that naloxone be co–located with each automated 1
external defibrillator placed in a public building. 2
(2) The initiative developed under paragraph (1) of this subsection shall 3
ensure that up to two doses of naloxone are maintained in a location that: 4
(i) Is visible a nd in close physical proximity to the automated 5
external defibrillator; and 6
(ii) Has a label that clearly indicates to the public the availability of 7
naloxone. 8
(3) The initiative developed under paragraph (1) of this subsection shall be 9
funded using funds from the Opioid Restitution Fund appropriated through the State 10
budget. 11
(c) (1) The owner or operator of a public building is not civilly liable for any 12
act or omission in the provision and maintenance of naloxone under the initiative developed 13
under subsection (b)(1) of this section if the owner or operator has satisfied any 14
requirements established for providing and maintaining naloxone under the initiative. 15
(2) An individual who administers naloxone made available under the 16
initiative develop ed under paragraph (1) of this subsection in response to a known or 17
suspected drug overdose shall have immunity from civil liability as provided in § 5 –603 of 18
the Courts Article. 19
Article – Health – General 20
8–408. 21
(a) (1) In this section the following words have the meanings indicated. 22
(2) “Community services program” includes a homeless services program. 23
(3) “Homeless services program” means a program operated by the 24
Department of Housing and Community Development through a local administering 25
agency or service provider for the purpose of providing shelter, food, and services to 26
homeless family units in the State. 27
(4) “Intensive outpatient program” means a treatment program that 28
addresses substance use disorders or other disorders that do not require detoxification or 29
inpatient supervision and are designated by the American Society of Addiction Medicine as 30
a level 2.1 setting. 31
(5) “Opioid treatment program” means a program approved by the 32
Department to provide opioid maintenance therapy und er regulations adopted by the 33
Department. 34
HOUSE BILL 1285 5
(b) On or before June 30, 2024, a community services program that provides 1
services to individuals who have a substance use disorder or an opioid use disorder or are 2
at risk of experiencing a drug overdose shall have a protocol to offer opioid overdose reversal 3
drugs approved by the federal Food and Drug Administration , INCLUDING AN OPIOID 4
REVERSAL DRUG THAT HAS BEEN EXPIRED FOR LESS THAN 1 YEAR, free of charge, to 5
those individuals who have an opioid use disorder or are at risk of experiencing a drug 6
overdose when the individual receives services from the community services program. 7
(c) On or before June 30, 2023, each opioid treatment program and each intensive 8
outpatient treatment program shall have a protocol to offer an opioid overdose reversal 9
drug approved by the federal Food and Drug Administration, free of charge, when an 10
individual receives services from the opioid treatment program or intensive outpatient 11
treatment program. 12
(d) On or before June 30, 2024: 13
(1) State and local correctional facilities shall have a protocol to offer an 14
opioid overdose reversal drug approved by the federal Food and Drug Administration , 15
INCLUDING NALOXONE THAT HAS BEEN EXPIRED FOR LESS THAN 1 YEAR, free of 16
charge, to sent enced individuals who have an opioid use disorder or who are at risk of 17
experiencing a drug overdose before the individual’s release; and 18
(2) The Division of Parole and Probation shall have a protocol to offer an 19
opioid overdose reversal drug approved b y the federal Food and Drug Administration , 20
INCLUDING NALOXONE THAT HAS BEEN EXPIRED FOR LESS THAN 1 YEAR, free of 21
charge, to individuals under supervision who have an opioid use disorder or are at risk of 22
experiencing a drug overdose. 23
(e) The Secretary may adopt regulations to carry out this section. 24
13–3101. 25
(a) In this subtitle the following words have the meanings indicated. 26
(B) “OPIOID OVERDOSE REVERSAL DRUG” INCLUDES AN OPIOID OVERDOSE 27
REVERSAL DRUG THAT HAS BEEN EXPIRED FOR LESS THAN 1 YEAR. 28
[(b)] (C) “Pharmacist” has the meaning stated in § 12 –101 of the Health 29
Occupations Article. 30
[(c)] (D) “Private or public entity” means a health care provider, local health 31
department, community–based organization, substance abuse treatment organization, or 32
other person that addresses medical or social issues related to drug addiction. 33
[(d)] (E) “Program” means the Overdose Response Program. 34
6 HOUSE BILL 1285
[(e)] (F) “Standing order” means a written instruction for the prescribing and 1
dispensing of an opioid overdose reversal drug approved by the federal Food and Drug 2
Administration in accordance with § 13–3106 of this subtitle. 3
13–3102. 4
The Overdose Response Program is a program administered by the Department for 5
the purpose of providing a means of authorizing certain individuals to administer an opioid 6
overdose reversal drug approved by the federal Food and Drug Administration to an 7
individual experiencing, or believed to be experiencing, opioid overdose to help prevent a 8
fatality when medical services are not immediately available. 9
13–3501. 10
(a) In this subtitle the following words have the meanings indicated. 11
(b) “Co–prescribing” means, with respect to an opioid overdose reversal drug, the 12
practice of prescribing the drug in conjunction with an opioid prescription for a patient at 13
an elevated risk of overdose. 14
(c) (1) “Opioid overdose reversal drug” means naloxone or a similarly acting 15
and equally safe drug that is approved by the federal Food and Drug Administration for 16
the treatment of a known or suspected opioid overdose. 17
(2) “OPIOID OVERDOSE REVER SAL DRUG ” INCLUDES A DRUG 18
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION THAT HAS BEEN EXPIRED FOR 19
LESS THAN 1 YEAR. 20
13–3502. 21
(a) The Secretary shall establish guidelines for the co –prescribing of opioid 22
overdose reversal drugs that are applicable to all licensed health care providers in the State 23
who are authorized by law to prescribe a monitored prescription drug, as defined in § 24
21–2A–01 of this article. 25
(b) The guidelines established under subsection (a) of this section shall address 26
the co–prescribing of opioid overdose reversal drugs for patients who are: 27
(1) At an elevated risk of overdose; and 28
(2) (i) Receiving opioid therapy for chronic pain; 29
(ii) Receiving a prescription for benzodiazepines; or 30
(iii) Being treated for opioid use disorders. 31
HOUSE BILL 1285 7
21–2A–01. 1
(a) In this subtitle the following words have the meanings indicated. 2
(g) (1) “Naloxone medication” means an opioid antagonist approved by the 3
federal Food and Drug Administration for the reversal of an opioid overdose. 4
(2) “NALOXONE MEDICATION ” INCLUDES AN OPIOID ANTAGONIST 5
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION THAT HAS BEEN EXPIRED FOR 6
LESS THAN 1 YEAR. 7
(h) “Naloxone medication data” means the information submitted to the Program 8
for naloxone medication. 9
(q) “Program” means the Prescription Drug Monitoring Program established 10
under this subtitle. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026. 13