N.Y. Correction Law § 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.