NY Ment Hygiene L § 19.18-C (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 19 - Office of Alcoholism and Substance Abuse 19.18-C - Corrections-Based Substance Use Disorder Treatment and Transition Services.

* §  19.18-c  Corrections-based  substance  use  disorder  treatment and            transition services.   1. The commissioner, in consultation with  local  governmental  units, county  sheriffs,  the New York city department of corrections and other stakeholders,  shall  implement  a  jail-based  substance  use  disorder treatment  and transition services program that supports the initiation, operation and  enhancement  of  substance  use  disorder  treatment  and transition  services  for  persons  with  substance use disorder who are incarcerated in jails.   2. The services to be provided by such program shall be in  accordance with  plans  developed  by  participating  local  governmental units, in collaboration with county sheriffs, taking into account local needs  and available  resources.  These  plans must be approved by the commissioner and shall include, but not be limited to, the following:  (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;  (b) At least one formulation of  every  form  of  medication  assisted treatments approved for the treatment of a substance use disorder by the Federal  Food  and  Drug  Administration  necessary  to ensure that each individual participating in the program  receives  the  particular  form found  to be the most effective at treating and meeting their individual needs. The commissioner may allow jails a limited exemption to providing opioid  full  agonist  treatment  medications  where  the   commissioner determines   that   no   providers   that  have  received  the  required accreditation are located within a reasonable distance of the  facility. Jails  that  do  not  have the resources available to meet standards set forth herein may apply to  the  commissioner  for  a  limited  exception allowing  such  jail  to  enter  into  an agreement with a community- or jail-based  program  offering  substance  use  disorder  treatment   and transition  services  to  provide  such  services to individuals in such jails. Any such determination shall be reviewed on a regular basis;  (c) Group and individual counseling and clinical support;  (d) Peer support;  (e) Discharge planning; and  (f) Re-entry and transitional supports.   3. (a) After a medical screening,  incarcerated  individuals  who  are determined  to suffer from a substance use disorder for which medication assisted treatment exists shall be offered placement in  the  medication assisted  treatment  program.  Placement  in  such  program shall not be mandatory.  (b) Each participating incarcerated  individual  shall  work  with  an authorized  specialist  to  develop  an  individualized  treatment plan, including an appropriate level of counseling and planning for continuity of care upon return to the community.  (c) 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   incarcerated individual.  (d)  Participation  in the medication assisted treatment program shall not be unreasonably withheld from a qualified  incarcerated  individual. An  incarcerated individual using medication assisted treatment prior to such individual's incarceration shall be eligible to,  upon  request  by such  individual,  continue  such  treatment  in the medication assisted treatment program for any period of time during  the  duration  of  such individual's incarceration.  (e)  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:  (1)  before  entry  into  the program; or (2) during participation in the program.   4.  Within amounts appropriated therefor, funding shall be made avail- able pursuant to criteria established by the office  of  alcoholism  and substance  abuse services in consultation with local governmental units, which shall take into consideration the local  needs  and  resources  as identified   by   local  governmental  units,  the  average  daily  jail population, the average number of persons incarcerated in the jail  that require substance use disorder services and such other factors as may be deemed necessary.   5.  Any  jail-based  substance  use  disorder treatment and transition services program that is already in operation at the time this act shall have become law and meets or exceeds the standards  set  forth  in  this section shall be deemed to have met the requirements of subdivisions one and two of this section. Such programs shall certify annually in writing to  the  commissioner  that  they have met or exceeded the standards set forth herein.   * NB Effective February 4, 2022