NY State Assembly Bill 2009-A8860

Assembly Bill A8860

2009-2010 Legislative Session

Relates to providing necessary medication to persons committed to the custody of the department

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to correction
Jun 11, 2009	referred to correction

2009-A8860 (ACTIVE) - Details

Current Committee:: Assembly Correction
Law Section:: Correction Law
Laws Affected:: Add §71-a, Cor L
Versions Introduced in 2011-2012 Legislative Session:: A2650

2009-A8860 (ACTIVE) - Summary

Relates to providing necessary medication to persons committed to the custody of the departments; authorizes and directs the commissioner 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.

2009-A8860 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8860

TITLE  OF  BILL:    An  act  to amend the correction law, in relation to
providing necessary medicine to persons committed to the custody of  the
department

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill would amend the Correction
Law in relation to providing necessary medicine for chronic  illness  to
persons  committed  to  the  custody of the New York State Department of
Corrections.

PRESENT LAW THIS BILL WOULD ALTER:  This bill would add  a  new  section
71-a to the Corrections Law.

SUMMARY  OF SPECIFIC PROVISIONS: This legislation ensures that all medi-
cations prescribed by physicians to treat chronic conditions  (including
addiction)  prior  to  incarceration  for  persons in the custody of the
Department of Corrections are continued during admittance and/or  trans-
fer to a correctional facility or local correctional facility.

(2)  Medications  shall  continue to be administered to the incarcerated
individual for a minimum of 30 days from the date of being committed.

(3) Within 180 days of the  effective  date  of  this  legislation,  the
Commissioner  of  Corrections;  in consultation with the Commissioner of
Health, is 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 of Corrections.

(3A) A screening staff, which shall  include  any  medical  professional
currently employed by a correctional facility, will be trained to deter-
mine:

* (3B) a method for determining which medications shall be deemed neces-
sary;

* (3C) a method for contacting the prescribing physician;

* (3D) a method for validating the prescription;

* (3E) a method for checking all medications brought into a facility are
labeled to ensure they are in fact what they say they are;

*  (3F)  a method for providing necessary medication without a supply of
such medication;

* (3G) a method for notifying in advance a facility receiving  a  trans-
ferred  incarcerated  person  and  that the person has been prescribed a
necessary medication and that continuation is urgent; and

* (3H) a method for maintaining a supply of the  most  common  necessary
medications  at  each  facility, or having an on-call physician or other

medical professional capable of  prescribing  medications  available  to
prescribe such medications and the ability to fill such prescription.

JUSTIFICATION:  This legislation seeks to continue treatment for pre-ex-
isting  clinically  diagnosed addiction or illness while individuals are
incarcerated and/or transferred to a correctional facility in  New  York
State  so  as  to continue proper medical care for the individual and to
promote overall positive health results  far  all  in  the  correctional
system.

The U.S. Department of Health and Human Services has recognized that the
trauma  of  imprisonment,  coupled  with withdrawal from addiction and a
lack of necessary medication; can endanger physical  and  mental  health
and may increase the risk of suicide. It is widely recognized that with-
drawal  from  alcohol  and drugs in prison, and the absence of medically
necessary medications  for  diagnosed  health  issues,  is  a  "serious.
medical  need"  that  gives  rise  to  an obligation to provide adequate
medical care.

Decades have passed  since  court  decisions  were  decided  against  an
inmate's  right  to  methadone  maintenance  treatment,  and  since then
significant advancements have been made in the scientific,  medical  and
behavioral  approaches  to addiction as a disease. Today, it is increas-
ingly difficult to argue that clinically diagnosed addiction  is  not  a
"serious medical need."

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal to the state.

EFFECTIVE  DATE:    This  act shall take effect on the 90th day after it
becomes law.

2009-A8860 (ACTIVE) - Bill Text download pdf

                            
                    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
                               ___________

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.

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