2023 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 addiction
services and supports, 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  incarcerated
individuals  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 incarcerated individual's incarceration and shall provide
an individualized treatment plan for each participant. After  a  medical
screening,  incarcerated individuals 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  incarcerated  individual  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 incarcerated individual.
(b)  i.  Such  program  shall  also  include  conditions for a reentry
strategy  for  incarcerated  individuals  who   have   participated   in
medication  assisted  treatment. Such strategy shall include, but not be
limited to, providing each participating  incarcerated  individual  with
information on available treatment facilities in their area, information
on available housing and employment resources, and any other information
that  will assist the incarcerated individual in continued recovery once
released.  Such program shall also assist the incarcerated individual in
Medicaid enrollment, prior to release.
ii. Such program shall provide participating incarcerated  individuals
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 incarcerated individual'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  incarcerated  individuals,  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   incarcerated   individual.   An
incarcerated  individual  may enter into such program at any time during
his or her incarceration. An incarcerated  individual  using  medication
assisted treatment prior to such incarcerated individual's incarceration
shall  be  eligible  to,  upon  request by such incarcerated individual,
continue such treatment in the medication assisted treatment program for
any period of time during the duration of such incarcerated individual'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.