S T A T E O F N E W Y O R K
________________________________________________________________________
8860
2009-2010 Regular Sessions
I N A S S E M B L Y
June 11, 2009
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Introduced by M. of A. JACOBS -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to providing necessary
medicine to persons committed to the custody of the department
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 71-a
to read as follows:
S 71-A. MEDICATIONS FOR PERSONS RECEIVED INTO THE CUSTODY OF THE
DEPARTMENT. 1. THE DEPARTMENT SHALL ENSURE THAT ALL MEDICATIONS
PRESCRIBED BY PHYSICIANS TO TREAT CHRONIC CONDITIONS PRIOR TO INCARCERA-
TION FOR PERSONS IN ITS CUSTODY ARE CONTINUED DURING ADMITTANCE TO A
CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY, AS DEFINED BY
SECTION TWO OF THIS CHAPTER, WHILE PLACED IN SUCH FACILITY AND DURING
TRANSFERS TO OTHER SUCH FACILITIES.
2. SUCH MEDICATIONS SHALL CONTINUE TO BE ADMINISTERED TO THE INCARCER-
ATED PERSON FOR A MINIMUM OF THIRTY DAYS FROM THE DATE SUCH PERSON IS
COMMITTED TO THE CUSTODY OF THE DEPARTMENT. THE FACILITY RECEIVING SUCH
PERSONS SHALL RESUME APPROPRIATE AND COMMENSURATE MANAGEMENT OF THE
CHRONIC CONDITION, INCLUDING BUT NOT LIMITED TO, THE USE OF APPROPRIATE
THERAPEUTIC TREATMENTS AND MEDICATIONS OR THEIR GENERIC SUBSTITUTION IN
ACCORDANCE WITH STATE LAW AND PROTOCOLS ESTABLISHED BY THE COMMISSIONER
WITHIN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION.
3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A SYSTEM TO ENSURE THAT
ALL NECESSARY MEDICATIONS ARE GIVEN TO INCARCERATED PERSONS IN A TIMELY
MANNER WHILE IN THE CUSTODY OF THE DEPARTMENT, WITHIN ONE HUNDRED EIGHTY
DAYS FROM THE EFFECTIVE DATE OF THIS SECTION. NECESSARY MEDICATIONS
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THOSE MEDICATIONS WHICH IF
MISSED MAY CAUSE SERIOUS ILLNESS, DEATH OR OTHER HARMFUL EFFECTS. SUCH
SYSTEM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14011-02-9
A. 8860 2
A. A SCREENING STAFF FOR EACH FACILITY, WHICH SHALL INCLUDE ANY
MEDICAL PROFESSIONAL CURRENTLY EMPLOYED BY SUCH FACILITY AND SHALL BE
TRAINED TO DETERMINE WHICH MEDICATIONS TIMELY CONTINUATION IS AN URGENT
MATTER;
B. A METHOD FOR DETERMINING WHICH MEDICATIONS SHALL BE DEEMED NECES-
SARY;
C. A METHOD FOR CONTACTING THE PRESCRIBING PHYSICIAN;
D. A METHOD FOR VALIDATING THE PRESCRIPTION;
E. A METHOD FOR CHECKING THAT ALL MEDICATIONS BROUGHT INTO A FACILITY
ARE LABELED TO ENSURE THAT THE CONTAINER CONTAINS THE CORRECT MEDICA-
TION;
F. A METHOD FOR PROVIDING NECESSARY MEDICATIONS TO AN INCARCERATED
PERSON WHO HAS BEEN TAKEN INTO CUSTODY WITHOUT A SUPPLY OF SUCH MEDICA-
TION;
G. A METHOD FOR NOTIFYING IN ADVANCE A FACILITY RECEIVING A TRANS-
FERRED INCARCERATED PERSON, THAT SUCH PERSON HAS BEEN PRESCRIBED A
NECESSARY MEDICATION AND THE CONTINUATION OF SUCH MEDICATION IS AN
URGENT MATTER; AND
H. A METHOD FOR MAINTAINING A SUPPLY OF THE MOST COMMON NECESSARY
MEDICATIONS AT EACH FACILITY OR AN ON-CALL PHYSICIAN, OR OTHER MEDICAL
PROFESSIONAL CAPABLE OF PRESCRIBING MEDICATIONS, AVAILABLE TO PRESCRIBE
SUCH MEDICATIONS AND THE ABILITY TO FILL SUCH PRESCRIPTIONS.
4. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF
THIS SECTION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.