Bill Text: NY S01795 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the establishment of a program for the use of medication assisted treatment for inmates in both state and county correctional facilities; relates to reporting requirements; substance use disorder treatment and transition services implemented in jails.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2021-10-07 - APPROVAL MEMO.22 [S01795 Detail]

Download: New_York-2021-S01795-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1795

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 15, 2021
                                       ___________

        Introduced  by  Sens.  BAILEY,  BIAGGI,  KAPLAN, KRUEGER, MYRIE, PARKER,
          RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN  ACT to amend the correction law, in relation to the establishment of
          a program for the use of medication assisted  treatment  for  inmates;
          and to amend the mental hygiene law, in relation to the implementation
          of substance use disorder treatment and transition services in jails

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The correction law is amended by adding a new  section  626
     2  to read as follows:
     3    §  626.  Medication  assisted treatment in correctional facilities. 1.
     4  For purposes of  this  section  "medication  assisted  treatment"  means
     5  treatment  of  chemical  dependence  or abuse and concomitant conditions
     6  with medications requiring a prescription or order  from  an  authorized
     7  prescribing professional.
     8    2.  (a) The commissioner, in conjunction with the office of alcoholism
     9  and substance abuse services, shall establish a program to  be  adminis-
    10  tered at correctional facilities within the department in the state, for
    11  the  purpose  of  employing medication assisted treatment for inmates in
    12  such facilities who are undergoing treatment for a substance use  disor-
    13  der.  Such program shall include all forms of medication assisted treat-
    14  ments  approved  for  the  treatment  of a substance use disorder by the
    15  Federal Food and Drug Administration for the  duration  of  an  inmate's
    16  incarceration  and  shall  provide  an individualized treatment plan for
    17  each participant.  After a medical screening, inmates who are determined
    18  to suffer  from  a  substance  use  disorder,  for  which  FDA  approved
    19  addiction medications exist shall be offered placement in the medication
    20  assisted  treatment  program.  Placement  in  such  program shall not be
    21  mandatory. Each participating  inmate  shall  work  with  an  authorized

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00451-01-1

        S. 1795                             2

     1  specialist  to  determine an individualized treatment plan, including an
     2  appropriate level of counseling.  Decisions regarding type,  dosage,  or
     3  duration  of  any medication regimen shall be made by a qualified health
     4  care  professional licensed or certified under title eight of the educa-
     5  tion law who is authorized to administer such medication in  conjunction
     6  with the inmate.
     7    (b) i. Such program shall also include conditions for a reentry strat-
     8  egy  for inmates who have participated in medication assisted treatment.
     9  Such strategy shall include, but  not  be  limited  to,  providing  each
    10  participating  inmate with information on available treatment facilities
    11  in  their  area,  information  on  available  housing   and   employment
    12  resources,  and  any  other  information  that will assist the inmate in
    13  continued recovery once released. Such program  shall  also  assist  the
    14  inmate in Medicaid enrollment, prior to release.
    15    ii.  Such  program  shall  provide participating inmates preparing for
    16  release from prison with a one-week supply of any necessary  medication,
    17  where  permissible  under federal laws and regulations to continue their
    18  medication assisted treatment in an effort to prevent relapse.
    19    (c) Reentry planning and community supervision should include a colla-
    20  borative relationship between clinical and parole staff including  shar-
    21  ing  of  accurate  information  regarding  the inmate's participation in
    22  medication assisted treatment to ensure that  their  medication  is  not
    23  deemed  illicit  or illegal. Additionally, procedures shall be developed
    24  to assist any reentrant who communicates a  relapse  with  their  parole
    25  officer  or  who  fails  a  drug test, to receive substance use disorder
    26  support in lieu of arrest and/or incarceration.
    27    3. The commissioner shall submit within one year of the effective date
    28  of this section and annually thereafter, a report to the  governor,  the
    29  temporary president of the senate and the speaker of the assembly on the
    30  effectiveness  of the program established pursuant to this section. Such
    31  reports shall include an analysis of the impact of such program  on  the
    32  participating  inmates,  including factors such as institutional adjust-
    33  ment, behavior infractions, reentry rates, HIV and  hepatitis  C  treat-
    34  ment,  and  program  participation,  among related relevant factors. The
    35  reports shall also  include  the  impact  on  institutional  safety  and
    36  performance  and  any  recommendations for additional legislative enact-
    37  ments that may be needed or required to improve or enhance  the  program
    38  as determined to be appropriate by the commissioner.
    39    4.  Participation  in  the medication assisted treatment program shall
    40  not be withheld from a qualified inmate.  An inmate may enter into  such
    41  program  at  any  time during his or her incarceration.  An inmate using
    42  medication assisted treatment prior to such inmate's incarceration shall
    43  be eligible to, upon request by such inmate, continue such treatment  in
    44  the  medication assisted treatment program for any period of time during
    45  the duration of such inmate's incarceration.  No person shall be  denied
    46  participation  in  the program on the basis of a positive drug screening
    47  upon entering custody or upon intake into the  program;  nor  shall  any
    48  person  receive a disciplinary infraction for such positive drug screen-
    49  ing. No person shall be removed from, or  denied  participation  in  the
    50  program on the basis of having received any disciplinary infraction: (a)
    51  before  entry  into  the  program;  or  (b)  during participation in the
    52  program.
    53    § 2. Section 45 of the correction law  is  amended  by  adding  a  new
    54  subdivision 18 to read as follows:
    55    18.  Establish  standards  and  guidelines for a program of medication
    56  assisted treatment for inmates in county jails and/or county correction-

        S. 1795                             3

     1  al facilities equivalent to the program established in state correction-
     2  al facilities pursuant to section six hundred twenty-six of this chapter
     3  and submit an annual report consistent with the requirements of subdivi-
     4  sion three of such section.
     5    §  3.    The  mental  hygiene  law  is amended by adding a new section
     6  19.18-c to read as follows:
     7  § 19.18-c Corrections-based substance use disorder treatment and transi-
     8             tion services.
     9    1. The commissioner, in consultation with  local  governmental  units,
    10  county  sheriffs,  the New York city department of corrections and other
    11  stakeholders, shall implement a jail-based substance use disorder treat-
    12  ment and transition services program that supports the initiation, oper-
    13  ation and enhancement of substance use disorder treatment and transition
    14  services for persons with substance use disorder who are incarcerated in
    15  jails.
    16    2. The services to be provided by such program shall be in  accordance
    17  with  plans  developed  by  participating  local  governmental units, in
    18  collaboration with county sheriffs, taking into account local needs  and
    19  available  resources.  These  plans must be approved by the commissioner
    20  and shall include, but not be limited to, the following:
    21    (a) Alcohol, benzodiazepine, heroin and opioid withdrawal management;
    22    (b) At least one formulation of  every  form  of  medication  assisted
    23  treatments approved for the treatment of a substance use disorder by the
    24  Federal Food and Drug Administration necessary to ensure that each indi-
    25  vidual  participating  in the program receives the particular form found
    26  to be the most effective at treating and meeting their individual needs.
    27  The commissioner may allow jails a limited exemption to providing opioid
    28  full agonist treatment medications  where  the  commissioner  determines
    29  that  no  providers  that  have  received the required accreditation are
    30  located within a reasonable distance of the facility. Jails that do  not
    31  have  the  resources  available  to  meet standards set forth herein may
    32  apply to the commissioner for a limited exception allowing such jail  to
    33  enter into an agreement with a community- or jail-based program offering
    34  substance use disorder treatment and transition services to provide such
    35  services  to  individuals in such jails. Any such determination shall be
    36  reviewed on a regular basis;
    37    (c) Group and individual counseling and clinical support;
    38    (d) Peer support;
    39    (e) Discharge planning; and
    40    (f) Re-entry and transitional supports.
    41    3. (a) After a medical screening,  incarcerated  individuals  who  are
    42  determined  to suffer from a substance use disorder for which medication
    43  assisted treatment exists shall be offered placement in  the  medication
    44  assisted  treatment  program.  Placement  in  such  program shall not be
    45  mandatory.
    46    (b) Each participating incarcerated  individual  shall  work  with  an
    47  authorized  specialist  to  develop  an  individualized  treatment plan,
    48  including an appropriate level of counseling and planning for continuity
    49  of care upon return to the community.
    50    (c) Decisions regarding type, dosage, or duration  of  any  medication
    51  regimen  shall  be made by a qualified health care professional licensed
    52  or certified under title eight of the education law who is authorized to
    53  administer such medication in conjunction with the incarcerated individ-
    54  ual.
    55    (d) Participation in the medication assisted treatment  program  shall
    56  not  be  unreasonably withheld from a qualified incarcerated individual.

        S. 1795                             4

     1  An incarcerated individual using medication assisted treatment prior  to
     2  such  individual's  incarceration  shall be eligible to, upon request by
     3  such individual, continue such  treatment  in  the  medication  assisted
     4  treatment  program  for  any  period of time during the duration of such
     5  individual's incarceration.
     6    (e) No person shall be denied participation  in  the  program  on  the
     7  basis  of a positive drug screening upon entering custody or upon intake
     8  into the program; nor shall any person receive a disciplinary infraction
     9  for such positive drug screening. No person shall be  removed  from,  or
    10  denied  participation in the program on the basis of having received any
    11  disciplinary infraction: (1) before  entry  into  the  program;  or  (2)
    12  during participation in the program.
    13    4.  Within amounts appropriated therefor, funding shall be made avail-
    14  able pursuant to criteria established by the office  of  alcoholism  and
    15  substance  abuse services in consultation with local governmental units,
    16  which shall take into consideration the local  needs  and  resources  as
    17  identified  by  local  governmental  units, the average daily jail popu-
    18  lation, the average number of persons  incarcerated  in  the  jail  that
    19  require substance use disorder services and such other factors as may be
    20  deemed necessary.
    21    5.  Any  jail-based  substance  use  disorder treatment and transition
    22  services program that is already in operation at the time this act shall
    23  have become law and meets or exceeds the standards  set  forth  in  this
    24  section shall be deemed to have met the requirements of subdivisions one
    25  and two of this section. Such programs shall certify annually in writing
    26  to  the  commissioner  that  they have met or exceeded the standards set
    27  forth herein.
    28    § 4. This act shall take effect on the one hundred twentieth day after
    29  it shall have become a law. Effective immediately, the addition,  amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation of this act on its effective date are authorized to be made on or
    32  before such date.
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