N.Y. MHY Law § 19.18-C — New York Code / Act MHY / Title D / Article 19 / Section 19.18-C
Corrections-based substance use disorder treatment and transition services
Status: in_force

§ 19.18-c Corrections-based substance use disorder treatment and\n            transition services.\n  1. Notwithstanding any other provision of this chapter, the\ncommissioner, in consultation with local governmental units, county\nsheriffs, the New York city department of corrections and other\nstakeholders, shall implement a jail-based substance use disorder\ntreatment and transition services program that supports the initiation,\noperation and enhancement of substance use disorder treatment and\ntransition services for persons with substance use disorder who are\nincarcerated in jails.\n  2. The services to be provided by such program shall be in accordance\nwith plans developed by participating local governmental units, in\ncollaboration with county sheriffs, taking into account local needs and\navailable resources. These plans must be approved by the commissioner\nand shall include, but not be limited to, the following:\n  (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;\n  (b) At least one formulation of every form of medication assisted\ntreatments approved for the treatment of a substance use disorder by the\nFederal Food and Drug Administration necessary to ensure that each\nindividual participating in the program receives the particular form\nfound to be the most effective at treating and meeting their individual\nneeds. The commissioner may allow jails a limited exemption to providing\nopioid full agonist treatment medications where the commissioner\ndetermines that no providers that have received the required\naccreditation are located within a reasonable distance of the facility.\nJails that do not have the resources available to meet standards set\nforth herein may apply to the commissioner for a limited exception\nallowing such jail to enter into an agreement with a community- or\njail-based program offering substance use disorder treatment and\ntransition services to provide such services to individuals in such\njails. Any such determination shall be reviewed on a regular basis;\n  (c) Group and individual counseling and clinical support;\n  (d) Peer support;\n  (e) Discharge planning; and\n  (f) Re-entry and transitional supports.\n  3. (a) After a medical screening, incarcerated individuals who are\ndetermined to suffer from a substance use disorder for which medication\nassisted treatment exists shall be offered placement in the medication\nassisted treatment program. Placement in such program shall not be\nmandatory.\n  (b) Each participating incarcerated individual shall work with an\nauthorized specialist to develop an individualized treatment plan,\nincluding an appropriate level of counseling and planning for continuity\nof care upon return to the community.\n  (c) Decisions regarding type, dosage, or duration of any medication\nregimen shall be made by a qualified health care professional licensed\nor certified under title eight of the education law who is authorized to\nadminister such medication in conjunction with the incarcerated\nindividual.\n  (d) Participation in the medication assisted treatment program shall\nnot be unreasonably withheld from a qualified incarcerated individual.\nAn incarcerated individual using medication assisted treatment prior to\nsuch individual's incarceration shall be eligible to, upon request by\nsuch individual, continue such treatment in the medication assisted\ntreatment program for any period of time during the duration of such\nindividual's incarceration.\n  (e) No person shall be denied participation in the program on the\nbasis of a positive drug screening upon entering custody or upon intake\ninto the program; nor shall any person receive a disciplinary infraction\nfor such positive drug screening. No person shall be removed from, or\ndenied participation in the program on the basis of having received any\ndisciplinary infraction: (1) before entry into the program; or (2)\nduring participation in the program.\n  4. Within amounts appropriated therefor, funding shall be made avail-\nable pursuant to criteria established by the office of addiction\nservices and supports in consultation with local governmental units,\nwhich shall take into consideration the local needs and resources as\nidentified by local governmental units, the average daily jail\npopulation, the average number of persons incarcerated in the jail that\nrequire substance use disorder services and such other factors as may be\ndeemed necessary.\n  5. Any jail-based substance use disorder treatment and transition\nservices program that is already in operation at the time this act shall\nhave become law and meets or exceeds the standards set forth in this\nsection shall be deemed to have met the requirements of subdivisions one\nand two of this section. Such programs shall certify annually in writing\nto the commissioner that they have met or exceeded the standards set\nforth herein.\n