HEARING ALERT: Distribution Of Opioids Resulting In Death

Important Legislation Holds Individuals Responsible for Distributing an Opioid or Opioid Analogue that Leads to DeathNote: House Judiciary Committee to Hold Hearing on HB 687 on February 28, 2017, 1:00 PM
Senate Judicial Proceedings Committee to Hold Hearing on SB 539 on March 2, 2017, 1:00 PM

“For two years now, together, we have all been committed to facing this crisis head-on. Together, we made the investments to implement the recommendations of the Emergency Task Force. We have gone after it from every angle including education, treatment, interdiction, and law enforcement. We have made strides, but this crisis continues to grow out of control all across our country. We can – and we must – do more to save the lives of Marylanders.” - Governor Larry Hogan, February 1, 2017

Governor Hogan Pledged That He Would Take Bold Action To Tackle Maryland’s Heroin And Opioid Crisis

Governor Hogan: “As we were traveling around the state last year, everywhere we went… almost across the board, every single answer everywhere was heroin was the number one problem.” (CJ Lovelace, “Hogan, Rutherford Renew Pledge To Battle Heroin Addiction,” Herald-Mail Media, 4/25/15)

• While Campaigning, Candidate Larry Hogan Noted That Individuals Throughout the State, From Rural Areas, To Cities Were Concerned About The Heroin Epidemic. “Hogan, a Republican, said he heard about the heroin epidemic repeatedly while on the campaign trail in 2014. ‘We heard about it in high-end suburban neighborhoods. We heard about it in rural communities and small towns from one end of the state to the other,’ he said.” (Kaustuv Basu, “Wilson Named To Governor’s Task Force Targeting Heroin,” Herald-Mail Media, 2/24/15)  

• Candidate Larry Hogan Vowed That He Would Combat The Heroin Epidemic “Tooth And Nail” If Elected Governor. (CJ Lovelace. “Md. Gubernatorial Hopeful Hogan Vows To Fight Heroin Epidemic ‘Tooth And Nail’,” Herald-Mail Media, 10/27/14)

After Being Elected, Governor Hogan Took Immediate Action To Address The Heroin And Opioid Crisis; Launched A Four Prong Approach  

Governor Hogan: “Today We Are Announcing Four Immediate And Important Steps Which Will Begin An Ongoing Effort To Prevent Abuse, Treat Addiction, And Fight The Trafficking Of Narcotics.” (Governor Larry Hogan, Heroin And Opioid Task Force Remarks, Annapolis, MD, 2/24/15)

Governor Hogan Signed Two  Executive Orders Establishing The Heroin And Opioid Emergency Task Force And The Inter-Agency Heroin And Opioid Coordinating Council

On February 24, 2015, Governor Hogan Signed An Executive Order Establishing The Governor’s Heroin And Opioid Emergency Task Force. (“Executive Order 01.01.2015.12,” Office Of The Governor, 2/24/15) 

On February 24, 2015, Governor Hogan Signed An Executive Order Establishing The Inter-Agency Heroin And Opioid Coordinating Council. (“Executive Order 01.01.2015.13,” Office Of The Governor, 2/24/15)

Governor Hogan Announced A Donation Of Life Saving Treatment Used To Treat Opioid Overdose

Governor Hogan Secured The Donation Of 5,000 Evzio Kits; Rapid Treatment Credited With Saving Lives. Maryland has received a donation of about 5,000 Evzio kits, each with two doses of Naloxone, which is a heroin overdose antidote. The donation comes from a company called Kaleo Pharmaceuticals. Evzio is the only Naloxone auto-injector that is approved by the U.S. Food and Drug Administration for use by laymen to reverse a suspected overdose.” (Brian Witte, “Hogan Outlines Plan To Fight Surge In Fatal Heroin Overdoses,” The Associated Press, 2/25/15)

• The 5,000 Kits Provided A Total Of 10,000 Doses. “EVZIO is a delivery device similar to an epi-pen for the delivery of naloxone, a drug used to counter the effects of those substances in emergencies. Each kit has two doses, for a total of 10,000.” (Michael Dresser, “Hogan Unveils Plan To Fight Heroin,” The Baltimore Sun, 2/24/15)

Governor Hogan Announced A Half Million Dollar Federal  Grant To Expand Heroin Treatment Programs In Prisons

In February 2015, Governor Hogan Announced A $500,000 Federal Grant Toward Re-Entry Programs Providing Non-Addictive Medication And Behavioral Counseling. “In addition, the Governor’s Office of Crime, Control and Prevention will allocate $500,000 of Maryland’s federal Edward Byrne Memorial Justice Assistance Grant funds to expanding reentry programs at correctional facilities…” “Hogan also announced that $500,000 of a federal grant will be used to expand re-entry programs to help inmates leaving prison stay off of heroin. It combines non-addictive medications and behavioral health counseling following release.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Establish Maryland Heroin And Opioid Task Force And Coordinating Council,” Office Of The Governor, 2/24/15; (Brian Witte, “Hogan Outlines Plan To Fight Surge In Fatal Heroin Overdoses,” The Associated Press, 2/25/15)

Governor Hogan’s 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative Further Demonstrates The Administration's Commitment To Aggressively Addressing The Heroin And Opioid Crisis

Governor Hogan Established The Opioid Operational Command Center To Facilitate Better Collaboration Between Entities To Address Opioid Addiction. “Governor Hogan today signed an Executive Order amending the 2015 Executive Order to establish the Inter-Agency Heroin and Opioid Coordinating Council, authorizing the council to establish the Opioid Operational Command Center. The center will facilitate greater collaboration between state and local public health, human services, education, and public safety entities to reduce the harmful impacts of opioid addiction on Maryland communities. As a direct result from increased collaboration, the center will collect and collate data – data that will be used to save lives.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Announce 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative,” Office Of The Governor, 1/24/17)

Governor Hogan’s Proposed Fiscal Year 2018 Budget Includes $1.3 Billion For Mental Health And Substance Use Disorders, $159 Million Dedicated To Existing Non-Medicaid Substance Use Disorder Treatment Programs, And $4 Million To Aid Individuals Struggling With Heroin And Opioid Addiction. “Governor Hogan’s proposed fiscal year 2018 budget includes $4 million in new funding to bolster the state’s efforts in supporting those struggling with heroin and opioid addiction. In addition, the budget contains $1.3 billion for mental health and substance use disorders, including $159 million dedicated to existing non-Medicaid substance use disorder treatment programs. Last year, the administration increased the budget for treatment beds for substance abuse patients, an increase of over 50% over the previous administration. The current budget sustains that increase.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Announce 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative,” Office Of The Governor, 1/24/17)

Additional Legislative Action Includes The Prescriber Limits Act And The Overdose Prevention Act. “The Department of Health and Mental Hygiene will propose two pieces of legislation aimed at preventing addiction from taking root and ensuring that if addiction does develop, that proper means are in place to prevent overdoses from becoming fatal.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Announce 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative,” Office Of The Governor, 1/24/17)

• Prescribers Limits Act: “This legislation would limit the duration of prescription opioids prescribed upon the initial consultation or treatment to a 7-day supply, except for when the opioid is prescribed for the treatment of pain associated with a cancer diagnosis or a terminal illness, or to treat a substance-related disorder.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Announce 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative,” Office Of The Governor, 1/24/17)
   
• Overdose Prevention Act: “This legislation will authorize local fatality review teams to review non-fatal overdose data in addition to the fatal overdose data they currently review in order to: recommend overdose prevention strategies; expand access to naloxone prescriptions directly from a pharmacist without the current training requirements and extend current immunity provisions to pharmacists; and allow and make more efficient the ability of the Department of Health and Mental Hygiene’s Office of Controlled Dangerous Substances Administration to take action against the CDS registration of a prescriber or dispenser of controlled dangerous substances based on investigations of the federal Drug Enforcement Administration or a state professional licensing board.” (Press Release, “Governor Hogan, Lt. Governor Rutherford Announce 2017 Heroin And Opioid Prevention, Treatment, And Enforcement Initiative,” Office Of The Governor, 1/24/17) 

Distribution Of Opioids Resulting In Death

Under Governor Hogan’s Proposal, Drug Dealers Who Distribute An Opioid Or Opioid Analogue Which Results In The Death Of Another, Will Face Up To 30 Years In Jail. “Except as otherwise provided in this title, a person may not distribute an opioid or opioid analogue, the use of which causes the death of another. A person who violates subsection (B) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.” (“House Bill 687,”Maryland General Assembly, 2/1/17)   

• The Governor’s Proposed Legislation Was Recommended By The Heroin And Opioid Emergency Task Force. “The Task Force recommends legislation creating a crime for the direct or indirect distribution of heroin or fentanyl, the use of which is a contributing cause in nonfatal overdose or death of another.” (“Final Report: Heroin & Opioid Emergency Task Force,” Office Of The Governor, 12/1/15)