§ 626 — Medication assisted treatment in correctional facilities

New York § 626

• Jurisdiction: New York
• Law COR: Correction
• Art. 22: Miscellaneous Provisions

Text

§ 626. Medication assisted treatment in correctional facilities. 1.\nFor purposes of this section "medication assisted treatment" means\ntreatment of chemical dependence or abuse and concomitant conditions\nwith medications requiring a prescription or order from an authorized\nprescribing professional.\n 2. (a) The commissioner, in conjunction with the office of addiction\nservices and supports, shall establish a program to be administered at\ncorrectional facilities within the department in the state, for the\npurpose of employing medication assisted treatment for incarcerated\nindividuals in such facilities who are undergoing treatment for a\nsubstance use disorder. Such program shall include all forms of\nmedication assisted treatments approved for the treatment of a substance\nuse disorder by the Federal Food and Drug Administration for the\nduration of an incarcerated individual's incarceration and shall provide\nan individualized treatment plan for each participant. After a medical\nscreening, incarcerated individuals who are determined to suffer from a\nsubstance use disorder, for which FDA approved addiction medications\nexist shall be offered placement in the medication assisted treatment\nprogram. Placement in such program shall not be mandatory. Each\nparticipating incarcerated individual shall work with an authorized\nspecialist to determine an individualized treatment plan, including an\nappropriate level of counseling. Decisions regarding type, dosage, or\nduration of any medication regimen shall be made by a qualified health\ncare professional licensed or certified under title eight of the\neducation law who is authorized to administer such medication in\nconjunction with the incarcerated individual.\n (b) i. Such program shall also include conditions for a reentry\nstrategy for incarcerated individuals who have participated in\nmedication assisted treatment. Such strategy shall include, but not be\nlimited to, providing each participating incarcerated individual with\ninformation on available treatment facilities in their area, information\non available housing and employment resources, and any other information\nthat will assist the incarcerated individual in continued recovery once\nreleased. Such program shall also assist the incarcerated individual in\nMedicaid enrollment, prior to release.\n ii. Such program shall provide participating incarcerated individuals\npreparing for release from prison with a one-week supply of any\nnecessary medication, where permissible under federal laws and\nregulations to continue their medication assisted treatment in an effort\nto prevent relapse.\n (c) Reentry planning and community supervision should include a\ncollaborative relationship between clinical and parole staff including\nsharing of accurate information regarding the incarcerated individual's\nparticipation in medication assisted treatment to ensure that their\nmedication is not deemed illicit or illegal. Additionally, procedures\nshall be developed to assist any reentrant who communicates a relapse\nwith their parole officer or who fails a drug test, to receive substance\nuse disorder support in lieu of arrest and/or incarceration.\n 3. The commissioner shall submit within one year of the effective date\nof this section and annually thereafter, a report to the governor, the\ntemporary president of the senate and the speaker of the assembly on the\neffectiveness of the program established pursuant to this section. Such\nreports shall include an analysis of the impact of such program on the\nparticipating incarcerated individuals, including factors such as\ninstitutional adjustment, behavior infractions, reentry rates, HIV and\nhepatitis C treatment, and program participation, among related relevant\nfactors. The reports shall also include the impact on institutional\nsafety and performance and any recommendations for additional\nlegislative enactments that may be needed or required to improve or\nenhance the program as determined to be appropriate by the commissioner.\n 4. Participation in the medication assisted treatment program shall\nnot be withheld from a qualified incarcerated individual. An\nincarcerated individual may enter into such program at any time during\nhis or her incarceration. An incarcerated individual using medication\nassisted treatment prior to such incarcerated individual's incarceration\nshall be eligible to, upon request by such incarcerated individual,\ncontinue such treatment in the medication assisted treatment program for\nany period of time during the duration of such incarcerated individual's\nincarceration. No person shall be denied participation in the program on\nthe basis of a positive drug screening upon entering custody or upon\nintake into the program; nor shall any person receive a disciplinary\ninfraction for such positive drug screening. No person shall be removed\nfrom, or denied participation in the program on the basis of having\nreceived any disciplinary infraction: (a) before entry into the program;\nor (b) during participation in the program.\n