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2021 New York Laws
COR - Correction
Article 22 - Miscellaneous Provisions
626 - Medication Assisted Treatment in Correctional Facilities.

Universal Citation:
NY Corr L § 626 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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* §  626. Medication assisted treatment in correctional facilities. 1.
For purposes of  this  section  "medication  assisted  treatment"  means
treatment  of  chemical  dependence  or abuse and concomitant conditions
with medications requiring a prescription or order  from  an  authorized
prescribing professional.
  2.  (a) The commissioner, in conjunction with the office of alcoholism
and  substance  abuse  services,  shall  establish  a  program   to   be
administered  at  correctional  facilities  within the department in the
state, for the purpose of employing medication  assisted  treatment  for
inmates  in such facilities who are undergoing treatment for a substance
use disorder.  Such  program  shall  include  all  forms  of  medication
assisted  treatments  approved  for  the  treatment  of  a substance use
disorder by the Federal Food and Drug Administration for the duration of
an inmate's incarceration and shall provide an individualized  treatment
plan  for  each  participant. After a medical screening, inmates who are
determined to suffer from  a  substance  use  disorder,  for  which  FDA
approved  addiction  medications exist shall be offered placement in the
medication assisted treatment program. Placement in such  program  shall
not   be  mandatory.  Each  participating  inmate  shall  work  with  an
authorized specialist to determine  an  individualized  treatment  plan,
including  an appropriate level of counseling. Decisions regarding type,
dosage, or duration of  any  medication  regimen  shall  be  made  by  a
qualified  health  care  professional  licensed or certified under title
eight of  the  education  law  who  is  authorized  to  administer  such
medication in conjunction with the inmate.
  (b)  i.  Such  program  shall  also  include  conditions for a reentry
strategy for  inmates  who  have  participated  in  medication  assisted
treatment. Such strategy shall include, but not be limited to, providing
each  participating  inmate  with  information  on  available  treatment
facilities  in  their  area,  information  on  available   housing   and
employment  resources,  and  any  other information that will assist the
inmate in continued recovery once  released.  Such  program  shall  also
assist the inmate in Medicaid enrollment, prior to release.
  ii.  Such  program  shall  provide participating inmates preparing for
release from prison with a one-week supply of any necessary  medication,
where  permissible  under federal laws and regulations to continue their
medication assisted treatment in an effort to prevent relapse.
  (c) Reentry  planning  and  community  supervision  should  include  a
collaborative  relationship  between clinical and parole staff including
sharing of accurate information regarding the inmate's participation  in
medication  assisted  treatment  to  ensure that their medication is not
deemed illicit or illegal. Additionally, procedures shall  be  developed
to  assist  any  reentrant  who communicates a relapse with their parole
officer or who fails a drug test,  to  receive  substance  use  disorder
support in lieu of arrest and/or incarceration.
  3. The commissioner shall submit within one year of the effective date
of  this  section and annually thereafter, a report to the governor, the
temporary president of the senate and the speaker of the assembly on the
effectiveness of the program established pursuant to this section.  Such
reports  shall  include an analysis of the impact of such program on the
participating  inmates,  including   factors   such   as   institutional
adjustment,  behavior  infractions,  reentry  rates, HIV and hepatitis C
treatment, and program participation, among  related  relevant  factors.
The  reports  shall  also include the impact on institutional safety and
performance  and  any   recommendations   for   additional   legislative
enactments  that  may  be  needed  or required to improve or enhance the
program as determined to be appropriate by the commissioner.

  4. Participation in the medication assisted  treatment  program  shall
not  be  withheld from a qualified inmate. An inmate may enter into such
program at any time during his or her  incarceration.  An  inmate  using
medication assisted treatment prior to such inmate's incarceration shall
be  eligible to, upon request by such inmate, continue such treatment in
the medication assisted treatment program for any period of time  during
the  duration  of such inmate's incarceration. No person shall be denied
participation in the program on the basis of a positive  drug  screening
upon  entering  custody  or  upon intake into the program; nor shall any
person  receive  a  disciplinary  infraction  for  such  positive   drug
screening.  No  person shall be removed from, or denied participation in
the program on the basis of having received any disciplinary infraction:
(a) before entry into the program; or (b) during  participation  in  the
program.
  * NB Effective February 4, 2022
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