1. (a)

   1. (1) A Program may be established by a local health department or a community-based organization, subject to the provisions of this subtitle.

   2. (2)

      1. (i) A county may cooperate with another county to establish a Program.
      2. (ii) A community-based organization may establish a multicounty Program.
   3. (3) This subtitle does not apply to the AIDS Prevention Sterile Needle and Syringe Exchange Pilot Program established under Subtitle 8 of this title.

2. (b)

   1. (1)

      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.
      2. (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. (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. (3) The Department and a local health officer shall:

      1. (i) Approve or deny an application for authorization to operate a Program within 60 days after receiving a complete application; and
      2. (ii) Provide to the applicant a written explanation of the decision of the Department and local health officer.

   4. (4)

      1. (i) A local health department or community-based organization may appeal an adverse decision by the Department and a local health officer to the Secretary or the Secretary's designee.

      2. (ii) The Secretary or the Secretary's designee shall:

         1. 1. Grant or deny an appeal within 60 days after receiving an appeal; and
         2. 2. Provide a written explanation of the Secretary's or the Secretary's designee's decision to the local health department or community-based organization.

3. (c) If established under subsection (a) of this section, a Program shall:

   1. (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. (2) Operate in accordance with:

      1. (i) The technical assistance of the Standing Advisory Committee; and

      2. (ii) The procedures, plans, and protocols approved by:

         1. 1. The local health officer for each county in which a Program is established; and
         2. 2. The Department.

Added by Acts 2016, c. 348, § 2, eff. Oct. 1, 2016. Amended by Acts 2025, c. 27, § 1, eff. July 1, 2025; Acts 2025, c. 28, § 1, eff. July 1, 2025.