Mass. Gen. Laws ch. 127, sec. 17B — MA Code / Part I / Title XVIII / Chapter 127 / Section 17B
Medication-assisted treatment for opioid use disorder for state detainees or prisoners at certain facilities
Status: in_force

Section 17B. The commissioner, in consultation with the commissioner of public health, shall offer medication-assisted treatment for opioid use disorder to a state detainee or prisoner at the Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham or the South Middlesex correctional center, upon the recommendation of a qualified addiction specialist. The medication-assisted treatment program shall not be required to be administered in any other state correctional facility; provided, however, that the commissioner shall, upon the recommendation of a qualified addiction specialist, offer medication-assisted treatment at the Massachusetts correctional institution at Cedar Junction to: (i) a state detainee or prisoner, including a state detainee or prisoner who was receiving opioid agonist or partial agonist treatment immediately preceding incarceration, during the first 90 days during which such state detainee or prisoner is serving a sentence, as part of a medically managed detoxification which shall comply with the federal Substance Abuse and Mental Health Services Administration's treatment improvement protocols for detoxification; and (ii) a state detainee or prisoner during the last 90 days during which such state detainee or prisoner is serving a sentence, pursuant to a re-entry treatment plan under section 17C. The Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham, the South Middlesex correctional center and the Massachusetts correctional institution at Cedar Junction shall maintain or provide for the capacity to possess, dispense and administer all drugs approved by the federal Food and Drug Administration for use in medication-assisted treatment for opioid use disorder; provided however, that such facilities shall not be required to maintain or provide a drug that is not also a MassHealth covered benefit. The commissioner shall ensure that each state detainee or prisoner at the Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham and the South Middlesex correctional center who is receiving medication-assisted treatment for opioid use disorder, including immediately preceding incarceration or commitment, continues to have such treatment available unless such person voluntarily discontinues the treatment or unless a qualified addiction specialist determines that treatment is no longer medically necessary. Such facilities shall ensure access to a qualified addiction specialist by a state detainee or prisoner. Treatment established under this section shall include behavioral health counseling for individuals diagnosed with opioid use disorder; provided, however, that counseling services shall be consistent with current therapeutic standards for these therapies in a community setting. No incentives, rewards or punishments shall be used to encourage or discourage a state detainee's or prisoner's decision to receive medication-assisted treatment.

Section 17B. The commissioner, in consultation with the commissioner of public health, shall offer medication-assisted treatment for opioid use disorder to a state detainee or prisoner at the Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham or the South Middlesex correctional center, upon the recommendation of a qualified addiction specialist. The medication-assisted treatment program shall not be required to be administered in any other state correctional facility; provided, however, that the commissioner shall, upon the recommendation of a qualified addiction specialist, offer medication-assisted treatment at the Massachusetts correctional institution at Cedar Junction to: (i) a state detainee or prisoner, including a state detainee or prisoner who was receiving opioid agonist or partial agonist treatment immediately preceding incarceration, during the first 90 days during which such state detainee or prisoner is serving a sentence, as part of a medically managed detoxification which shall comply with the federal Substance Abuse and Mental Health Services Administration's treatment improvement protocols for detoxification; and (ii) a state detainee or prisoner during the last 90 days during which such state detainee or prisoner is serving a sentence, pursuant to a re-entry treatment plan under section 17C. The Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham, the South Middlesex correctional center and the Massachusetts correctional institution at Cedar Junction shall maintain or provide for the capacity to possess, dispense and administer all drugs approved by the federal Food and Drug Administration for use in medication-assisted treatment for opioid use disorder; provided however, that such facilities shall not be required to maintain or provide a drug that is not also a MassHealth covered benefit.

The commissioner shall ensure that each state detainee or prisoner at the Massachusetts alcohol and substance abuse center, the Massachusetts correctional institution at Framingham and the South Middlesex correctional center who is receiving medication-assisted treatment for opioid use disorder, including immediately preceding incarceration or commitment, continues to have such treatment available unless such person voluntarily discontinues the treatment or unless a qualified addiction specialist determines that treatment is no longer medically necessary.

Such facilities shall ensure access to a qualified addiction specialist by a state detainee or prisoner.

Treatment established under this section shall include behavioral health counseling for individuals diagnosed with opioid use disorder; provided, however, that counseling services shall be consistent with current therapeutic standards for these therapies in a community setting.

No incentives, rewards or punishments shall be used to encourage or discourage a state detainee's or prisoner's decision to receive medication-assisted treatment.