N.Y. Mental Hygiene Law § 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. Notwithstanding any other provision of this chapter, 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 addiction

services and supports 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.