NY Corr L § 626 (2021)
2021 New York Laws COR - Correction Article 22 - Miscellaneous Provisions 626 - Medication Assisted Treatment in Correctional Facilities.

* §  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