(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 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.
Maryland Legal Code